Land Development Code :: Back to Table of Contents
Land Development Code - City of Hudson, Ohio

Chapter 1213    Definitions

Section 1213.01    General

For words, terms, and phrases used in this Code that are not defined in Section 1213.02 below, or elsewhere in this Land Use Code, the City Manager shall have the authority and power to interpret or define such words, terms, and phrases. In making such interpretations or definitions, the City Manger may consult secondary sources related to the planning profession, such as A Survey of Zoning Definitions - Planning Advisory Service Report Number 421, edited by Tracy Burrows,(American Planning Association. Chicago, Ill. 1989) and The Illustrated Book of Development Definitions, by Harvey S. Moskowitz and Carl G. Lindbloom (Center for Urban Policy Research, Rutgers University. N.J. 3d ed. 1987), for technical words, terms and phrases, or Webster's Third New International Dictionary (Unabridged) (Merriam - Webster, Inc., Springfield. Mass. 1986), as supplemented, for other words, terms and phrases.

Section 1213.02    Definitions

  1. The following words, terms and phrases, when used in this Code, shall have the
    meanings ascribed to them in this Section:
    1. Access drive shall mean a way or means of approach, other than a street or
      road, to provide vehicular entrance to a property. See "Driveway."

    2. Accessory building shall mean a building detached from a principal building
      and customarily used with, and clearly incidental and subordinate to, the
      principal building or use, and ordinarily located on the same lot with such
      principal building.

    3. Accessory structure shall mean a structure detached from a principal building
      and customarily used with, and clearly incidental and subordinate to, the
      principal building or use, and ordinarily located on the same lot with such
      principal building.

    4. Accessory use shall mean a use of land or of a building or portion thereof
      customarily used with, and clearly incidental and subordinate to, the principal
      use of the land or building and ordinarily located on the same lot with such
      principal use.

    5. ADT shall mean the average daily traffic volumes on a street or road.

    6. Adequate public facilities ("APF") shall mean the public facilities and
      services necessary to maintain the adopted level of service standards.

    7. Adult arcade shall mean any place to which the public is permitted or invited
      where either or both: (i) motion picture machines, projectors, video or laser
      disc players, or other video image-producing devices are available, run via
      coin, token, or any form of consideration, to show images to five or fewer
      persons at one time; and (ii) where the images shown and/or live
      entertainment presented are characterized by the depiction or description of
      'Specified Sexual Activities' or 'Specified Anatomical Areas.'

    8. Adult Bookstore, Adult Novelty Store, or Adult Video Store shall mean a
      commercial establishment which, as one of its principal business purposes,
      offers for sale or rental for any form of consideration any one or more of the
      1. Books, magazines, periodicals or other printed matter, or photographs,
        films, motion pictures, videocassettes, videodisks, CD-ROM disks, or
        video reproductions, slides or other visual representations that are
        characterized by the depiction of or description of 'Specified Sexual
        Activities' or
      2. 'Specified Anatomical Areas'; or Instruments, devices or paraphernalia,
        other than prophylactics, that are designed for use in connection with
        'Specified Sexual Activities'.

    9. Adult business shall mean an Adult Arcade, Adult Bookstore, Adult Novelty
      Store, Adult Video Store, Adult Cabaret, Adult Motion Picture Theater,
      Adult Theater, Nude Model Studio, or Sexual Encounter Center.

    10. Adult cabaret shall mean a nightclub, bar, restaurant or similar commercial
      establishment that regularly features:
      1. Persons who appear in a 'State of Nudity' or a 'State of Seminudity'; or
      2. Live entertainment characterized by the depiction or description of
        'Specified Anatomical Areas' or by 'Specified Sexual Activities'; or
      3. Live entertainment of an erotic nature including exotic dancers, strippers,
        male or female impersonators, or similar entertainment; or
      4. Films, motion pictures, videocassettes, slides or other photographic
        reproductions that are characterized by the depiction or description of
        'Specified Sexual Activities' or 'Specified Anatomical Areas'.

    11. Adult motion picture theater shall mean a commercial establishment where,
      for any form of consideration, films, motion pictures, videocassettes, slides,
      videodisks, CD-ROM disks, or similar photographic reproductions are
      regularly shown which are characterized by the depiction or description of
      'Specified Sexual Activities' or 'Specified Anatomical Areas'.

    12. Adult theater shall mean a theater, concert hall, auditorium, or similar
      commercial establishment that regularly features persons who appear in a
      'State of Nudity' or 'Seminudity' or live performances which are
      characterized by the depiction or description of 'Specified Anatomical Areas',
      'Specified Sexual Activities', or live entertainment of an erotic nature,
      including exotic dancers, strippers, male or female impersonators, or similar

    13. Affordable housing shall mean housing that will be affordable to those
      families or persons earning not more than fifty (50) percent of the median
      family income of the City of Hudson as determined by the City Manager
      from available regional, state or federal data, assuming that such families or
      persons shall not be required to expend more than thirty (30) percent of their
      gross income on housing costs

    14. Agricultural operations, general shall mean uses of property generally
      accepted under Ohio law to be agricultural in nature, and may include
      general farming, dairying, pasturage, agriculture, apiculture, horticulture,
      floriculture, viticulture, animal and poultry husbandry, as well as accessory
      uses for packing, treating, or storing produce provided that the operation of
      the accessory uses shall be secondary to that of the general agricultural
      activities and provided further that the above uses shall not include the
      commercial feeding of garbage or offal to swine or other animals. This does
      not include boarding kennels for domestic pets.

    15. Alley shall mean a minor way used primarily for vehicular service access to
      the back of properties abutting on a street.

    16.  Allocation year. The period from August 1 to July 30 of the succeeding year.

    17.  Alteration shall mean any change or rearrangement in the supporting
      members of an existing building, such as bearing walls, columns, beams,
      girders, or interior partitions, as well as any change in doors, windows,
      means of ingress or egress, or any enlargement to or diminution of a building
      or structure, whether horizontally or vertically, or the moving of a building or
      structure from one location to another.

    18. Amendment shall mean any addition, deletion, or revision of the text of this
      Code or any addition, deletion, or revision of the Official Zoning Map
      adopted by the City Council after public hearings.

    19. Antenna shall mean a device, designed and intended for transmitting or
      receiving television, radio or microwave signals. An antenna includes all
      mounting and stabilizing items, such as a tower, a pole, a bracket, guy wires,
      hardware, connection equipment and related items. For purposes of this
      Code, "antenna" does not include "wireless telecommunication antenna" as
      defined and used elsewhere in this Code and does not include amateur radio
      antennas. Antennas are also "structures" within the meaning of this Code.

    20. Annual residential development allocation. The maximum number of
      residential units that will be available for allotment in any allocation year as
      established by City Council on advice of the City Manager and Planning

    21. Applicant shall mean a developer, landowner, or other person with a legal
      property interest, including heirs, successors, and assigns, who has filed an
      application for subdivision or development.

    22. Application for subdivision or development shall mean the application form
      and all accompanying submittal documents and exhibits required of an
      applicant by an approving authority for review of site plans, conditional uses,
      subdivisions, planned developments, and other similar development or land
      use purposes.

    23.  Art gallery shall mean an institution or business devoted to the exhibition
      and/or sale of works of art to the public.

    24.  Artisan studio shall mean the workshop of an artist, sculptor, or craftsperson.

    25. Assembly or Meeting Halls shall mean an establishment primarily providing
      space for group meetings and engaged in the preparation and serving of
      meals and/or beverages to either the private membership of the establishment
      or to groups on a prearranged and contractual basis.

    26.  A-Scale sound level (dBA) shall mean the measurement of sound
      approximating the auditory sensitivity of the human ear and used to measure
      the relative noisiness or annoyance of common sounds.

    27. Assisted living shall mean residences for the elderly that provide rooms,
      meals, personal care, and supervision of self-administered medication. They
      may provide other services, such as recreational activities, financial services,
      and transportation.

    28. Automated teller machine (ATM) shall mean a mechanized consumer banking
      device operated by a financial institution for the convenience of its
      customers, whether outside or in an access-controlled facility.

    29. Automotive dealer shall mean the use of any building, land area, or other
      premise for the display and sale of new or used automobiles generally, but
      may include light trucks or van, trailers, or recreational vehicles, and
      including any vehicle preparation or repair work conducted as an accessory
    30. Automobile service station shall mean any building, land area, or other
      premises, or portion thereof, used for the retail dispensing or sale of
      vehicular fuels; servicing and minor repair of auomobiles and as permitted
      accessory uses the sale, application, or installation of lubricants, tire,
      batteries, and similar vehicle accessories. 

      Automobile service stations shall not include premises where heavy
      automobile maintenance activities such as engine overhaul, automobile
      painting and body work are conducted.

    31. Bank or financial institution shall mean establishments engaged in deposit
      banking. Typical uses include commercial banks, savings institutions, and
      credit unions.

    32.  Bar or tavern shall mean an establishment providing or dispensing by the
      drink for on-site consumption fermented malt beverages, and/or malt, special
      malt, vinous or spirituous liquors, and in which the sale of food products such
      as sandwiches and light snacks is secondary.

    33. Barn shall mean a farm building used to store farm products or shelter
      livestock as an agricultural use.

    34. Basement shall mean a space having one-half or more of its floor-to-ceiling
      height above the average level of the adjoining ground and with a floor-toceiling
      height of not less than six and one-half feet (as distinguished from a
      cellar which has less than one-half of its floor-to-ceiling height above the
      average level of the adjoining ground or has a floor-to-ceiling height of less
      than six and one-half feet).

    35. Bed and breakfast inn shall mean an establishment operated in a dwelling
      unit, or portion thereof, that provides short-term lodging, with or without the
      service of a morning meal only, for compensation and where the operator
      lives on the premises, or in adjacent premises.

    36. Bedroom shall mean a private room planned and intended for sleeping,
      separated from other rooms by a door, and accessible to a bathroom without
      crossing another bedroom.

    37. Berm, in the context of landscaping or bufferyard requirements, shall mean a
      mound of earth typically used to shield, screen, and buffer undesirable views
      and to separate potentially incompatible land uses.

    38.  Bikeway shall mean either of the following:
      1. Bicycle lane a portion of the roadway designated for bicycles by striping,
        signage and/or pavement markings for preferential or exclusive use of
        bicycles. Bike lanes must be located on both sides of the road to
        accommodate bicyclists traveling in the same direction as the adjacent
        vehicular lane.
      2. Bicycle path a facility physically separated from the roadway and
        intended for bicycle use. A bicycle path is designed for the use of two
        lane, two-way bicycle traffic. Paths may be located within open space
        through a development, along an abandoned rail line or adjacent to an
        existing road.

    39.  Boarding Kennel shall mean a facility for the keeping, breeding, raising,
      grooming or training of four or more domestic animals, that are not owned by
      the owners or occupant of the premises, for commercial purposes. This does
      not include animals in pet shops or veterinary facilities.

    40. Building shall mean any permanent structure built for the shelter or enclosure
      of persons, animals, chattels or property of any kind, which is governed by
      the following characteristics:
      1.  Is permanently affixed to the land; and
      2.  Has one (1) or more floors and a roof; and
      3.  Is bounded by either open space or the lot lines of a lot.

    41. Building footprint area shall mean the area of a lot or site included within the
      surrounding exterior walls and supporting columns of a building. In the
      absence of surrounding exterior walls, the building footprint shall be the area
      under the horizontal projection of the roof. Building footprint area does not
      include patios and decks.

    42. Building, principal shall mean the building or structure on a lot used to
      accommodate the primary permitted use, such use possibly occurring in more
      than one building or structure.

    43. Building mass shall mean the three-dimensional bulk of a building: height,
      width, and depth.

    44. Bufferyard shall mean open spaces, landscaped areas, fences, walls, berms, or
      any combination thereof, used to physically separate or screen one use or
      property from another so as to visually shield or block noise, lights, or other

    45. Bus shall mean a rubber tire vehicle designed for roadway operation for
      public transportation.

    46. Bus shelter shall mean a small, roofed structure, usually having three walls,
      located near a street and designed primarily for the protection and
      convenience of bus passengers.

    47. Business park, office or industrial shall mean a tract of land that is planned,
      developed, and operated as an integrated facility for a number of individual
      industrial or office uses, with consideration given to overall on-site vehicular
      circulation, parking, utility needs, building design and orientation, and open

    48. Business services shall mean establishments primarily engaged in rendering
      services to business establishments on a fee or contract basis, such as
      advertising and mailing; building maintenance; employment services;
      management and consulting services; protective services; equipment rental
      and leasing; commercial research; development and testing; commercial
      printing services; and personal supply services.

    49.  BZBA shall mean the Board of Zoning and Building Appeals.

    50. Capacity shall mean, where used in reference to any street, the maximum
      traffic volume for which such street can provide an adequate level of service.

    51. Car wash shall mean any building, structure, or premises or portions thereof
      used for washing automobiles, and includes automatic car washes.

    52. Cartway shall mean the portion of a street, drive, or alley that is designed and
      intended for vehicular traffic.

    53. Cellar shall mean a space having less than one-half of its floor-to-ceiling
      height above the average level of the adjoining ground or a floor-to-ceiling
      height of less than six and one-half feet. See "Basement."

    54.  Cemetery shall mean land used or intended to be used for the burial of the
      dead and dedicated for cemetery purposes.

    55. Certificate of Appropriateness shall mean the official document issued by the
      Architectural and Historic Board of Review approving and/or concurring in
      the approval of construction, erection, alteration, removal, moving, or
      demolition of any structure or building located in the Historic District or of
      any historic landmark.

    56. Certificate of Zoning Compliance, see "Zoning Certificate."

    57. Character shall mean those attributes, qualities, and features that make up
      and distinguish a development project and give such project a sense of
      purpose, function, definition and uniqueness.

    58.  Church shall mean a building or structure, or groups of buildings or
      structures, and associated accessory uses that by design and construction are
      primarily intended for conducting organized religious services.

    59.  Clear sight triangle--see "Sight distance" below.

    60. Clearing shall mean any intentional or negligent act to cut down, remove all
      or a substantial part of, or damage a tree or other vegetation that will cause
      the tree or other vegetation to decline and/or die. Such acts include, but are
      not limited to, damage inflicted upon the root system of the vegetation by the
      application of toxic substances, by the operation of equipment and vehicles,
      by storage of materials, by the change of natural grade due to unapproved
      excavation or filling, or by the unapproved alteration of natural physical

    61.  Clinic see "Medical clinic."

    62. Club shall mean an organization of persons for special purposes or for the
      promulgation of sports, arts, literature, politics, or other common goals,
      interests or activities, characterized by membership qualifications, dues, or
      regular meetings, excluding clubs operated for profit and places of worship.

    63. Clustering shall mean a site design technique that concentrates buildings or
      lots on a part of the site to allow the remaining land to be used for recreation,
      common open space, and preservation of environmentally sensitive areas.

    64. Co-location shall mean the use of a wireless telecommunication facility by
      more than one wireless telecommunication provider.

    65. Commercial development. Includes office, retail, service business, and other
      similar nonresidential development.

    66. Common open space shall mean land within or related to a development, not
      individually owned or dedicated for public use but generally owned and
      maintained by a homeowners association, that is designed and intended for
      the common use or enjoyment of the residents of the development and their
      guests, and may include such complementary structures and improvements as
      are necessary and appropriate.

    67. Compatible or compatibility shall mean the characteristics of different uses
      or activities or design which allow them to be located near or adjacent to
      each other in harmony. Some elements affecting compatibility include
      height, scale, mass, and bulk of structures. Other characteristics include
      pedestrian or vehicular traffic, circulation, access and parking impacts.
      Other important characteristics that affect compatibility are landscaping,
      lighting, noise, odor and architecture. Compatibility does not mean "the
      same as." Rather, compatibility refers to the sensitivity of development
      proposals in maintaining the character of existing development with respect
      to lot size, building setbacks, location and use of driveways, location and use
      of open space, preservation of historic resources, and preservation of natural
      resources so as to be harmonious with and not at variance to nearby
      existing development.

    68. Composting shall mean the biological decomposition of organic material such
      as vegetable scraps, leaves, grass clippings, wood shavings, and non-human
      manures to produce material for fertilizing and conditioning soil.

    69. Comprehensive plan shall mean the Comprehensive Plan of the City of
      Hudson adopted in August 1995, as amended from time to time, or the most
      recently adopted comprehensive plan of the City of Hudson.

    70. Conforming commercial earth station shall mean a satellite earth station that
      is two (2) meters or less in diameter and is located in an area where
      commercial, office or industrial uses are permitted under this Code. Such an
      area would not extend to those portions of a site where most land uses are
      forbidden or severely restricted, such as, for example, street areas, utility
      easements, visibility triangles, required setback areas, and bufferyards.

    71. Connector road shall mean a road designed for dedication to the City to
      provide local access to nonresidential development as described in the State
      Route 91 Traffic Corridor Study or similar document. These roads are
      designed to reduce traffic volume and the number of access points on nearby
      highways and arterial roads. Compliance with district regulations shall be
      based on access-road easement or right-of-way lines.

    72. Connecting walkway shall mean (1) any street sidewalk, or (2) any walkway
      that directly connects a building entrance(s) to the street sidewalk, and
      connects other origins and destinations for pedestrians, including but not
      limited to commercial establishments, schools, parks, dwellings, work places,
      and transit stops, without requiring pedestrians to walk across parking lots or
      driveways, around buildings, or follow parking lot outlines that are not
      aligned to a logical route.

    73. Continuing care retirement community shall mean a residential and
      institutional complex containing dwelling units of any type permitted by this
      Code for independent living, and assisted living or institutional residential
      uses or both, with each dwelling or room occupied by not more than two
      residents at least one of whom is 55 years of age or older. Said complex shall
      have available on site: passive and active recreational facilities; common
      dining facilities; and provide primarily non-medical resident services to
      individuals in need of personal assistance essential for sustaining activities of
      daily living such as assistance or supervision in matters such as dressing,
      bathing, diet, financial management, transportation, evacuation of a residence
      in the case of an emergency, or administered medication.

    74. Convenience store shall mean a retail establishment offering for sale food
      products and beverages for off-site consumption, household items,
      newspapers and magazines, and other general merchandise. The retail
      dispensing or sale of vehicular fuels as an accessory use to a convenience
      store may be permitted.

    75. Convention and conference center shall mean a facility used for business or
      professional conferences and seminars, and may include accommodations
      for sleeping, eating, and recreation.

    76. Corner lot shall mean a lot that abuts two (2) or more streets that intersect at
      one or more corners of the lot.

    77. Cultural facility shall mean establishments that document the social and
      religious structures and intellectual and artistic manifestations that
      characterize a society and include museums, botanical or zoological
      gardens and libraries, and similar establishments that document and
      present natural, historic, educational, or cultural interests.

    78. Culvert shall mean a drain, ditch, or conduit, not incorporated in a closed
      system, that carries drainage water under a driveway, roadway, railroad,
      pedestrian walk, or public way.

    79. Curb shall mean a stone, concrete, or other improved boundary usually
      demarcating the edge of a roadway, parking lot, or other paved area.

    80. Curb cut shall mean the opening along the curb line at which point vehicles
      may enter or leave the roadway.

    81. Cut shall mean the excavating of earth from the ground surface during the
      process of land development.

    82.  Cutoff shall mean the point at which all light rays emitted by a lamp, light
      source, or luminaire are completely eliminated (cut off) at a specific angle
      above the ground.

    83. Cutoff angle shall mean the angle formed by a line drawn from the light
      source to a line perpendicular to the ground beyond which no light is emitted
      from the light source.

    84. Day care center shall mean shall mean a building or structure where care,
      protection, and supervision are provided for individuals on a regular basis
      away from their primary residence for less than 24 hours a day, with or
      without compensation and with or without stated educational purposes. The
      term includes, but is not limited to, facilities commonly known as day-care
      centers, day nurseries, nursery schools, preschools, play groups, day camps,
      summer camps, and centers for mentally retarded children, but specifically
      excludes any family day care home or group home as defined in this Chapter.

    85. Density- see "Density, net."

    86. Density, net shall mean the measure of dwelling units permitted per acre of
      land area contained in the development, excluding streets, easements, public
      open space, land under water, and certified wetlands and floodplains.
      Wetland and other sensitive area setbacks and private open space shall not be
      excluded in calculating net density. Unless otherwise indicated in this Code,
      any specified residential density shall be net density.

    87. Developer shall mean the legal or beneficial owner or owners of a lot or of
      any land included in a proposed development, including the holder of an
      option or contract to purchase or other persons having enforceable property
      interests in such land.

    88. Development shall mean the carrying out of any building activity or mining
      operation, the making of any material change in the use or appearance of any
      structure or land, but shall not include the dividing of land into two or more
      parcels (see "Subdivision" below).
      1. Development shall include:
        1. Any construction, placement, reconstruction, alteration of the
          size, or material change in the external appearance of a
          structure on land;
        2. Any change in the intensity of use of land, such as an increase
          in the number of dwelling units in a structure or on a tract of
          land or a material increase in the intensity and impacts of the
        3. Any change in use of land or a structure;
        4. Any alteration of a shore or bank of a river, stream, lake,
          pond, reservoir, or wetland;
        5. The clearing of land as an adjunct of construction;
        6. The commencement of drilling (except to obtain soil
          samples), mining, stockpiling of fill materials, filling or
          excavation on a parcel of land;
        7. The demolition of a structure;
        8. The deposit of refuse, solid or liquid waste, or fill on a parcel
          of land; and
        9. The installation of landscaping within the public right-ofway,
          when installed in connection with the development of
          adjacent property.

      2. Development shall not include:
        1. Work by a highway or road agency or railroad company for
          the maintenance or improvement of a road or railroad track, if
          the work is carried out on land within the boundaries of the
        2. Work by any utility and other entity or person(s) engaged in
          the distribution or transmission of gas or water, for the
          purpose of inspecting, repairing, renewing, or constructing,
          on established rights-of-way, any sewers, mains, pipes,
          cables, utility tunnels, power lines, towers, poles, tracks, or
          the like;
        3. A change in the ownership or form of ownership of any
          parcel or structure; and
        4. The creation or termination of rights of access, easements,
          covenants concerning development of land, or other rights in

      3. When appropriate in context, development shall also mean the act of
        developing or the result of development.

    89. Development, major shall mean development that meets the requirements for
      a major development set forth in Section 1203.09 of this Code.

    90. Development, minor shall mean development that meets the requirements for
      a minor development set forth in Section 1203.09 of this Code.

    91. Developmentally disabled shall mean a person five years of age or older with
      a severe, chronic disability that:
      1. Is attributable to a mental or physical impairment or combination of
        mental and physical impairments;

      2. Is manifested before the person attains age twenty-two;

      3. Results in substantial functional limitations in three or more of the
        following areas of major life activity:
        1. self-care;
          receptive and expressive language;
          capacity for independent living; and
          economic self-sufficiency; and

      4. Reflects the person's need for a combination and sequence of special,
        interdisciplinary, or generic care, treatment, or other services and
        supports which are of lifelong or extended duration and are
        individually planned and coordinated; except that such term, when
        applied to infants and young children, shall mean individuals from
        birth to age five years, inclusive, who have substantial developmental
        delay or specific congenital or acquired conditions with a high
        probability of resulting in developmental disabilities if services or
        supports are not provided.

    92. Diameter at breast height (DBH) shall mean tree trunk diameter measured in
      inches at a height of 4.5 feet from the ground or, in the case of a tree that is
      divided into multiple trunks below 4.5 feet, as measured at the most narrow
      point beneath the point of division.

    93. District shall mean a zone or zoning district.

    94. Dormitory shall mean a building used as group living quarters for a student
      body as an accessory use for a college, university, or boarding school.

    95. Downtown shall mean the central business district of the City of Hudson as
      defined by the boundaries of Zoning District 5, "Village Core," as shown on
      the Official Zoning Map, on file in the office of the Clerk of Council.

    96. Drainage shall mean surface water runoff or the removal of surface water or
      groundwater from land by drains, grading, or other means, which includes
      runoff controls to minimize erosion and sedimentation during and after
      construction or development.

    97. Drip line shall mean a vertical line extending from the outermost edge of the
      tree canopy or shrub branch to the ground.

    98. Drive aisles shall mean the lanes in a parking lot devoted to the passage of
      vehicles, as opposed to the parking stalls. The term drive aisle does not
      include lanes used only or primarily for drive-in customer service.

    99.  Drive-through use shall mean an establishment which by design, physical
      facilities, service, or packaging procedures encourages or permits customers
      to receive services, obtain goods, or be entertained while remaining in their
      motor vehicles.

    100. Driveway shall mean a private roadway providing access to a street or
      highway from a building or structure.

    101. Driveway, shared shall mean a single driveway serving two or more
      adjoining lots or uses

    102. Duplex– see "Dwelling, duplex."

    103. Dwelling shall mean a building used principally for residential occupancy,
      including single-family dwellings, duplexes, and multi-family dwellings, and
      that contains: (a) a minimum of eight hundred (800) square feet of floor area,
      or (b) in the case of a permitted accessory dwelling a minimum of 500 square
      feet of floor area and a maximum of 850 square feet of floor area. The term
      dwelling shall not include tents, cabins, trailers or trailer coaches, hotels,
      motels, tents, or other structures designed or used primarily for temporary or
      transient occupancy.

    104. Dwelling, accessory shall mean a second dwelling unit either within or added
      to an existing single-family detached dwelling, or in a separate accessory
      structure on the same lot as the main dwelling, for use as a complete,
      independent living facility with provision within the accessory dwelling for
      cooking, eating, sanitation, and sleeping.

    105. Dwelling, duplex shall mean a dwelling designed and built to contain two (2)
      dwelling units, side-by-side and totally separated from each other by an
      unpierced wall extending from ground to roof.

    106. Dwelling, mixed use shall mean a dwelling that is located on the same lot or
      in the same building as a non-residential use.

    107. Dwelling, multi-family shall mean a building containing five (5) or more
      dwelling units, typically including units located one over the other, but not
      including hotels, motels, fraternity houses and sorority houses and similar
      group accommodations.

    108. Dwelling, single-family shall mean a dwelling containing no more than one
      (1) dwelling unit.

    109. Dwelling, single-family attached shall mean a single-family building of three
      (3) but no more than four (4) single-family dwellings by common attached
      walls and typically arranged in a cluster configuration. The term includes
      triplexes and quadruplexes but does not include multi-family dwellings, such
      as apartment buildings, and does not include other dwelling types more
      specifically defined in this Section such as duplexes or townhome dwellings.

    110. Dwelling, single-family detached shall mean a single-family dwelling which
      is not attached to any other dwelling or building by any means.

    111. Dwelling, townhome shall mean a single-family dwelling in a row of at least
      three (3) such units in which each unit has its own front and rear access to the
      outside, no unit is located over another unit, and each unit is separated from
      any other unit by one or more vertical common fire-resistant walls.

    112. Dwelling unit shall mean one (1) or more rooms and a single kitchen and at
      least one (1) bathroom, designed, occupied or intended for occupancy as
      separate quarters for the exclusive use of a single family for living, cooking
      and sanitary purposes, located in a single-family, duplex, or multi-family
      dwelling or mixed-use building.

    113. Easement shall mean a grant of one or more property rights (e.g., access) by
      the owner to, or for the use by, the public, a corporation, or another person or

    114. Elderly shall mean a person sixty-two (62) years of age or older.

    115. Employees shall mean the total number of persons reasonably anticipated to
      be employed in a building or on land during normal periods of use.

    116. Entertainment facilities and amusement facilities shall mean a building or
      part of a building devoted to providing entertainment for a fee, including
      movie theaters and theatrical space for dramatic, musical, or live
      performances, indoor pinball/video arcades, bowling alleys, and including
      such activities as billiards and pool, other table games, and similar-scale

    117. Entrance drive–See "Access drive" and "Driveway."

    118. Essential pubic utility and public services shall mean the erection,
      construction, alteration, or maintenance by public utilities having the power
      of eminent domain, or by municipal departments, of underground or overhead
      gas, electrical, steam, or water transmission or distribution systems,
      collection, communication, supply or disposal systems, including poles, wires,
      mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police
      call boxes, traffic signals, hydrants and other similar equipment and accessories
      in connection therewith, reasonably necessary for the furnishing of adequate
      service by such public utilities or municipal departments or for the public
      health or general welfare, but not including buildings, outdoor storage yards,
      water towers, transfer stations, power transmission tower lines, coal conveyor
      belt lines, and other similar uses not primarily serving the City.

    119. Excavation shall mean the removal or recovery by any means whatsoever of
      soil, rock, minerals, mineral substances, or organic substances, other than
      vegetation, from water or land, on or beneath the surface thereof, whether
      exposed or submerged.

    120. Exterior architectural feature shall mean the architectural style and general
      arrangement of the exterior of a structure, including the type and texture of
      building materials, all windows, doors, lights, and signs and other fixtures
      appurtenant thereto.

    121.  Family shall mean an individual living alone, or a group of individuals not
      necessarily related by blood, marriage, adoption, or guardianship, living
      together in a dwelling unit as a single household, under a common
      housekeeping management plan based on an intentionally structured
      relationship that provides organization and stability. (see "Household.")

    122. Family day care home shall mean a facility for child care in the permanent
      residence of the provider for the purpose of providing day care and training
      for a child under the age of sixteen (16) years who is not related to the
      provider and in which no more than three (3) children are under two years of
      age, including the children of the provider. A family day care home shall
      provide care, protection, and supervision to no more than twelve (12)
      children at one time, including the children of the provider.

    123. Farm animals shall mean animals commonly raised or kept in an agricultural,
      rather than an urban, environment including, but not limited to, chickens,
      pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys, mules and

    124. Fence shall mean an artificially constructed barrier of any material or
      combination of materials erected to enclose, screen, or separate areas.

    125. Fill shall mean sand, gravel, earth, or other materials of any composition
      whatsoever excavated from elsewhere and deposited to build up the ground
      surface in the process of grading.

    126. Fire lane shall mean an unobstructed paved or improved surface area clearly
      defined by pavement markings and signs, and designed to provide access for
      fire-fighting equipment.

    127. Floodplain shall mean any portion of land within the City that may be subject
      to flooding in the 100 year floodplain area as delineated in the U.S.
      Department of Housing and Urban Development Flood Hazard Boundary
      Map, Summit County, Ohio, dated April 7, 1978, as revised.

    128. Floor area, gross shall mean the gross floor area of a building as measured
      along the outside walls of the building and including each floor level, but not
      including open balconies; garages or other enclosed automobile parking
      areas; basements used only for heating, mechanical, and similar equipment;
      and one-half (2) of all storage and display areas for hard goods.

    129. Floor area ratio (FAR) shall mean the amount of gross floor area of all
      buildings and structures on a building lot divided by the total lot area.

    130. Footcandle shall mean a unit of measurement referring to illumination
      incident to a single point. One footcandle is equal to one lumen uniformly
      distributed over an area of one square foot.

    131. Frontage shall mean the distance across the front of a lot between side lot
      lines, normally the width of the lot abutting the street to which the lot has

    132. Funeral home shall mean a building used for the preparation of the deceased
      for burial or cremation, for the display of the deceased, and/or for ceremonies
      or services related thereto, including cremation and the storage of caskets,
      funeral urns, funeral vehicles, and other funeral supplies.

    133. Garage shall mean an accessory building for the private use of the owner or
      occupant of a principal building situated on the same lot as the principal
      building and intended for the storage of motor vehicles and equipment
      with facilities for mechanical service or repair of a commercial or public

    134. Government facilities, administrative offices, and services shall mean lands
      and buildings owned or operated by a local, state, federal, or international
      governmental entity to provide legislative, judicial, administrative, or
      regulatory services for the public, but not including the underground and
      overhead distribution and collection systems providing water, gas, electric,
      telephone, cable TV service, or sanitary or storm sewage drainage.

    135. Grade shall mean the vertical alignment of a surface of land, as it exists or as
      rendered by cut and/or fill activities.

    136. Grade, finished shall mean the final elevation of the ground level after topsoil
      has been applied to graded slopes, as measured six (6) feet from the exterior
      walls of the structure.

    137. Grade, natural shall mean the elevation of the undisturbed natural surface of
      the ground prior to any excavation or fill.

    138. Grading shall mean rearrangement of the earth's surface by stripping, cutting,
      filling, or stockpiling of earth or land, including the land in its cut or filled
      condition, to create new contours or grades.

    139. Grocery store, specialty shall mean a retail store selling predominately food
      with emphasis on prepared food, specialty foods based on season, nationality,
      holidays and dietary needs, and providing in-store dining and having a
      ground floor area of 20,000 square feet or less.

    140. Group home shall mean a residence operated as a single dwelling, licensed
      by or operated by a governmental agency, for the purpose of providing
      special care or rehabilitation due to homelessness, physical condition or
      illness, mental condition or illness, elderly age, or social, behavioral or
      disciplinary problems, provided that authorized supervisory personnel are
      present on the premises.

    141. Group home, transitional shall mean a group home serving persons who are
      in the process of transitioning or returning from an institutional remedial
      setting to independent living.

    142. Handicapped person shall mean a person with (1) a physical or mental
      impairment which substantially limits one or more of such person=s major life
      activities, (2) a record of having such an impairment, or (3) being regarded as
      having such an impairment, but such term does not include current, illegal
      use of or addiction to a controlled substance.

    143. Hazardous waste or materials shall mean those chemicals or substances
      which are physical or health hazards as defined and classified in the Fire and
      Building Codes. Hazardous materials categories include explosives and
      blasting agents, compressed gases, flammable and combustible liquids,
      flammable solids, organic peroxides, oxidizers, pyrophoric materials,
      unstable (reactive) materials, water-reactive solids and liquids, cryogenic
      fluids, highly toxic and toxic materials, radioactive materials, corrosives,
      carcinogens, irritants, sensitizers and other health hazards. Each category is
      defined separately in the Fire and Building Codes in accordance with the
      Code of Federal Regulations Title 29 and other nationally recognized

    144. Height shall mean the distance above a given level. Height shall be measured
      according to the methods described in Section 1201.07(e).

    145. Heliport shall mean an area, either at ground level or elevated on a structure,
      licensed by the federal government or an appropriate state agency and
      approved for landing, loading, and takeoff of helicopters, but not including
      auxiliary facilities such as parking, waiting room, fueling, and maintenance
      equipment. Allowed only as an accessory use to a permitted hospital.

    146. Historic and/or architectural significance shall mean a building or structure
      that has a special historic or aesthetic interest or value as part of the
      development, heritage, or cultural character of the city, region, state, or

    147. Historic District shall mean the Hudson Historic District as listed in the
      National Register of Historic Places in December, 1990, plus those areas
      containing any land or buildings having notable character or qualities of
      historic and/or architectural significance as recommended by the
      Architectural and Historic Board of Review and approved by the City
      Council. A Historic District may include structures or other physical
      improvements on, above, or below the surface of the earth.

    148. Historic landmark shall mean any individual building or structure determined
      by the Architectural and Historic Board of Review and approved by the City
      Council as historically and/or architecturally significant.

    149. Home occupation shall mean an activity carried out for monetary gain by a
      resident conducted as a customary, incidental, and accessory use in the
      resident's dwelling unit.

    150. Homeowners association shall mean an organization formed to manage the
      common open space and common facilities within a development that are not
      to be publicly maintained; membership in, and financial support of such
      organization, is mandatory for all owners of property in the development.

    151. Hospital shall mean an institution providing primary health services and
      medical or surgical care to persons, primarily inpatients, suffering from
      illness, disease, injury, deformity, and other abnormal physical or
      mental conditions and including, as an integral part of the institution, related
      facilities, such as laboratories, outpatient facilities, training facilities, medical
      offices, and staff residences.

    152. Household shall mean a family living together in a single dwelling unit, with
      common access to and common use of all living and eating areas and of all
      areas and facilities for the preparation and serving of food within the
      dwelling unit. See "Family."

    153. Impervious coverage shall mean that portion of a lot that is covered by
      principal and accessory buildings or structures, and by surfaces that prevent
      the passage or absorption of stormwater such as paving and driveways.

    154. Industrial use shall mean both of the following type uses:
      1. Industrial use, heavy - a use engaged in the basic processing and/or
        manufacturing of materials or products predominately from extracted
        or raw materials, and which has processes that involve hazardous
        materials or commonly recognized offensive conditions such as those
        uses identified as grouped by the 2007 Ohio Building Code as High-
        Hazard Group H.
      2. Industrial use, light - a use engaged in the manufacture, predominantly
        from previously prepared materials or lightly treated raw materials, of
        finished products or parts, including processing, fabrication, assembly,
        treatment, packaging, incidental storage, sales, and distribution of such
        products. Further, light industrial shall mean uses such as the
        manufacture of electronic instruments, preparation of food products,
        pharmaceutical manufacturing, research and scientific laboratories and
        the like. Light industrial shall not include uses such as mining and
        extracting industries, petrochemical industries, rubber refining, primary
        metal and related industries.

    155. Infrastructure shall mean those man-made structures that serve the common
      needs of the population, such as: potable water systems; waste water
      disposal systems, solid waste disposal sites or retention areas; storm drainage
      systems; electric, gas and other utilities; bridges; roadways; multi-purpose
      paths and trails; pedestrian sidewalks, paths and trails; and transit stops.

    156. Institutional/civic/public use shall mean an educational, religious, health, or
      public use, such as a church, library, museum, public or private school,
      hospital, institutional residences such as intermediate or long-term care
      facilities for the elderly or developmentally disabled, or government-owned
      or operated building, structure, or land used for public purpose, and in which
      goods, merchandise, and services are not provided for sale on the premises.

    157. Institutional residential uses shall mean residences for nine (9) or more
      unrelated persons who are elderly or developmentally disabled and who may
      or may not require facilities and services including restorative care and
      treatment, nursing services, aid with daily living skills, meal service, regular
      or as-needed medical supervision, social care, or other services that are
      supportive, restorative, or preventive in nature. Institutional residential uses
      include, but are not limited to, long-term care facilities, nursing homes, group
      homes for nine (9) or more clients, and intermediate care facilities.
      Institutional residential uses do not include assisted living facilities, group
      homes for eight (8) or fewer clients, day care centers, or family day care

    158. Land Development Code shall mean Part Twelve of the Codified Ordinances
      of the City of Hudson.

    159. Land Development Ordinances shall mean all ordinances of the City of
      Hudson, including Part Twelve of the Codified Ordinances (zoning and
      subdivision), that regulate or control the development of land within the

    160. Land use shall mean the activity or activities for which a lot or property and
      the buildings or structures on it are devoted.

    161. Landfill shall mean a disposal site in which refuse and earth, or other suitable
      cover material, are deposited and compacted in alternative layers of specified
      depth in accordance with an approved plan.

    162. Landscaping shall mean any combination of living plants such as trees,
      shrubs, plants, vegetative ground cover and turf grasses, and may include
      structural features such as walkways, fences, benches, works of art, reflective
      pools, fountains and the like. Landscaping shall also include irrigation
      systems, mulches, topsoil use, soil preparation, revegetation, and the
      preservation, protection, and replacement of existing trees.

    163. Lattice tower shall mean a support structure constructed of vertical metal
      struts and cross braces forming a triangular or square structure which often
      tapers from the foundation.

    164. Level of service (LOS) shall mean a qualitative measure describing
      operational conditions within a traffic stream; generally described in terms of
      such factors as speed, freedom to maneuver, traffic interruptions, comfort,
      convenience, and safety. LOS is usually expressed in terms of six levels,
      designated A through F, with A (free flow of traffic with minimum
      intersection delay) being the best, and F (forced flow, jammed intersections,
      long delays) being the worst.

    165. Limits of disturbance shall mean the area(s) of a site, as established pursuant
      to Section 1207.01 of this Code, that may be disturbed by earth movement
      (grading), or cleared of vegetation, including disturbance or clearance to
      provide space for construction of principal and accessory uses and structures,
      parking areas, roads, drainage and stormwater management facilities, and/or

    166. Liquor store shall mean a retail establishment licensed by the State of Ohio
      Department of Liquor Control to sell alcoholic beverages in containers,
      including wine, beer, and hard liquor, for consumption off-premises (carryout).

    167. Loading area shall mean an off-street area of a lot where goods are received
      and/or from which they are shipped, and where adequate space is available to
      permit maneuvering of vehicles entirely on the lot.

    168. Lodging shall mean a facility containing five (5) or more guest rooms and
      offering transient overnight accommodations at a daily rate to the general
      public and may provide additional services, such as restaurants, meeting
      rooms, entertainment, and recreational facilities.

    169. Lot shall mean a piece or parcel of land established by plat, subdivision, or
      otherwise permitted by law to be used, occupied, or intended to be occupied
      by one or more buildings, structures, or uses, together with such open spaces
      and access to or frontage on a public street, as required by this Code.

    170. Lot area or size shall mean the amount of horizontal (plan view) land area
      within lot lines expressed in acres or square feet, based on deed description
      or registered surveyor's survey, excluding any street rights-of-way. One acre
      equals 43,560 square feet.

    171. Lot depth shall mean the horizontal distance between the mid-point of the
      front and of the rear lot lines.

    172. Lot line shall mean any of the lines describing the perimeter of a lot.

    173. Lot line, front shall mean the lot line describing the edge of the lot abutting
      the street to which the structure is oriented. Orientation shall be determined
      by factors such as the formal entrance and the placement of the main mass.
      For existing development on a corner lot, the front lot line shall be
      determined by the location of the front entrance of the structure.

    174. Lot line, rear shall mean the line opposite the front lot line.

    175. Lot line, side shall mean any lot lines other than front lot line or rear lot line.

    176. Lot width shall mean the horizontal (plan view) distance between the side lot
      lines as measured along the building front setback line.

    177. Maximum extent feasible shall mean that no feasible and prudent alternative
      exists, and all possible efforts to comply with the regulation or minimize
      potential harm or adverse impacts have been undertaken. Economic
      considerations may be taken into account but shall not be the overriding
      factor in determining "maximum extent feasible."

    178. Medical clinic shall mean an establishment where patients are admitted for
      examination and treatment on an outpatient basis by more than one
      physician, dentist, other medical personnel, psychologist, or social worker,
      and where patients are not usually lodged overnight.

    179. Mixed use shall mean the development of a lot, tract or parcel of land,
      building or structure with two (2) or more different uses including, but not
      limited to, residential, office, retail, public uses, personal service or
      entertainment uses, designed, planned and constructed as a unit.

    180. Mobile home shall mean a transportable, single-family dwelling unit built on
      a permanent chassis with attached undercarriage consisting of springs, axles,
      wheels and hubs, and which is suitable for year-round occupancy and
      contains the same water supply, waste disposal and electrical conveniences
      as immobile housing. A mobile home is designed to be transported on streets
      to the place where it is to be occupied as a dwelling unit and may or may not
      be attached to a permanent foundation.

    181. Mobile home park shall mean a parcel of land which has been planned,
      improved, or is currently used for the placement of mobile homes and
      contains more than one mobile home lot.

    182. Model home shall mean a dwelling representative of other dwellings offered
      for sale or lease or to be built in an area of residential development within the
      City. Model home also includes a temporary and permitted use of a
      residential facility as a real estate sales office.

    183. Monopole shall mean a support structure constructed of a single, selfsupporting
      hollow metal tube securely anchored to a foundation.

    184. Municipal civil infraction shall mean a violation of a provision of this Land
      Development Code (Part Twelve) or Part Fourteen (Building and Housing
      Code) of the City of Hudson Codified Ordinances for which the remedy
      and/or penalty may be a civil fine, or other sanction other than a criminal
      penalty pursuant to Section 1212.03(b). A municipal civil infraction is not a
      lesser included offense of a criminal offense or of an ordinance violation that
      is not a municipal civil infraction.

    185. Municipal civil infraction determination shall mean a determination that a
      defendant is responsible for a municipal civil infraction by one of the
      1. An admission of responsibility for the municipal civil infraction; or
      2. An admission of responsibility for the municipal civil infraction,
        "with explanation."

    186. Municipal civil infraction violation notice shall mean a written notice
      prepared by an authorized enforcement official, directing a person to appear
      at the City of Hudson Police Department for the purpose of paying a civil
      fine and/or costs for a violation which is prescribed to be a municipal civil

    187. Neighborhood park shall mean a park that serves the recreational and open
      space needs of residents of surrounding neighborhoods.

    188. Nonconforming building shall mean a building that was lawful under prior
      law on the day before the effective date of this Land Development Code or
      subsequent amendment thereof, but that fails by reason of such adoption,
      revision, or amendment, to conform to all the present setback, height, or
      other site development requirements of this Code.

    189. Non-conforming lot shall mean a lot whose area, dimensions, or location
      were lawful under prior law on the day before the effective date of this Land
      Development Code or subsequent amendment thereof, but that fails by reason
      of such adoption, revision, or amendment, to conform to all the present
      requirements of this Code.

    190. Non-conforming sign shall mean any sign lawfully existing under prior law
      on the day before the effective date of this Land Development Code or
      subsequent amendment thereof, but that fails by reason of such adoption,
      revision, or amendment, to conform to all the present requirements of this

    191. Nonconforming structure shall mean a structure that was lawful under prior
      law on the day before the effective date of this Land Development Code or
      subsequent amendment thereof, but that fails by reason of such adoption,
      revision, or amendment, to conform to all the present setback, height, or
      other site development requirements of this Code.

    192. Nonconforming use shall mean a use that was lawful under prior law on the
      day before the effective date of this Land Development Code or subsequent
      amendment thereof, but that fails by reason of such adoption, revision, or
      amendment, to conform to all the present requirements of this Code.

    193. Nonconformities shall mean a nonconforming use, sign, structure, or

    194. Non-residential development shall mean any public or private development,
      including civic, commercial, industrial, institutional, and other projects that
      does not provide housing or dwelling units for occupation other than on a
      transient basis (such as hotels). Any residential portion of a mixed-use
      development shall be defined as a residential development for purposes of the
      Residential Allocation System.

    195.  Nude model studio shall mean any place where a person who appears in a
      'State of Nudity' or 'Semi-nudity' or who displays 'Specified Anatomical
      Areas' is provided to be observed, sketched, drawn, painted, sculptured,
      photographed or similarly depicted by other persons who pay money or any
      form of consideration.

    196. Nudity, State of Nudity, or Nude shall mean the exposing to view the genitals,
      pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with
      less than a fully opaque covering; exposing to view any portion of the areola
      of the female breast with less than a fully opaque covering; exposing to view
      male genitals in a discernibly turgid state, even if entirely covered by an
      opaque covering; or exposing to view any device, costume, or covering that
      gives the appearance of or simulates any of these anatomical areas.

    197. Nursery, commercial shall mean an establishment primarily engaged in the
      sale and/or cultivation for sale of horticultural specialties such as flowers,
      shrubs, and trees, intended for ornamental or landscaping purposes.

    198. OBC antenna regulations means the antenna regulations in the Ohio Building
      Code as adopted and amended.

    199. Off-street parking area shall mean all off-street areas and spaces designed,
      used, required or intended to be used for the parking, storage, maintenance,
      service, repair, display, or operation of, motor vehicles, including driveways,
      entrance drives, or access drives in and to such areas, but not including
      public streets and rights-of-way.

    200. Off-street parking space shall mean a demarcated area within a parking lot
      abutting an access lane and of such dimensions, as specified by this
      ordinance, to accommodate one (1) vehicle.

    201. Office, business or professional shall mean an establishment providing
      executive, management, administrative, or professional services, including
      medical or dental services, but not involving the sale of merchandise, except
      as incidental to a permitted use. Such uses include, but are not limited to, real
      estate, insurance, property management, investment, travel, advertising, law,
      doctor, dentist, out-patient medical laboratories, architecture, design,
      engineering, accounting, and similar offices.

    202. Open space shall mean any parcel or area of land or an area of water
      designed and intended for recreation, resource protection, amenity, and/or
      buffers. Open space shall not include areas set aside for public facilities,
      driveways, parking lots, other surfaces intended or designed for vehicular
      travel, and any other areas as set forth in Section 1207.05 of this Code.

    203. Open Space Conservation Subdivision shall mean a subdivision in which lot
      sizes are reduced for the purpose of preserving larger contiguous blocks of
      open space while maintaining the underlying base density allowed on the

    204. Ordinary high-water mark shall mean the line on the bank to which the high
      water ordinarily rises annually in seasons, as indicated by changes in the
      characteristics of soil, vegetation, or other appropriate means taking into
      consideration the characteristics of the surrounding areas. Where the
      ordinary high water mark cannot be found, the top of the channel bank shall
      be substituted. In braided channels, the ordinary high water mark shall be
      measured so as to include the entire stream feature.

    205. Orient shall mean to bring in relation to, or adjust to, the surroundings,
      situation, or environment; to place with the most important parts facing in
      certain directions; to set or arrange in a determinate position: to orient a

    206. Outdoor activity shall mean any enterprise, operation, or activity that occurs
      in an unroofed area as part of a permitted use on a lot and any outdoor
      display of materials, machinery, vehicles, or things that may or may not be
      for sale or rent.

    207. Outdoor storage shall mean the keeping, in an unroofed area, of any
      equipment, goods, junk, material, merchandise, or vehicles in the same place
      for more than twenty-four (24) hours.

    208. Overall access management plan shall mean a plan that depicts the post
      development flow of vehicular access to a site and where such flow interfaces
      with existing or proposed pedestrian, bicycle, and adjacent public street traffic.

    209. Overlay zone shall mean a zoning district that encompasses one or more
      underlying zones and that imposes additional or alternative requirements to
      that required by the underlying zone.

    210. Parking access shall mean the area of a parking lot that allows motor vehicle
      ingress and egress from the street or way.

    211. Parking aisle shall mean the traveled way by which cars enter and depart
      parking stalls or spaces.

    212. Parking area shall mean any public or private area, under or outside a
      building or structure, designed and used for parking motor vehicles including
      parking lots, garages, private driveways, and legally designated areas of
      public streets.

    213. Parking lot shall mean an off-street, ground-level open area for the
      temporary storage of motor vehicles.

    214. Parking, shared shall mean joint use of a parking lot or area for more than
      one use.

    215. Parking stall or space shall mean the space or area in which vehicles park in
      a private or public parking lot or structure.

    216. Parking structure shall mean a building or structure consisting of more than
      one level and used to temporarily park or store motor vehicles.

    217. Party-in-interest shall mean a person who has standing to appeal the final
      action, decision or order of the City Manager (or designee), a City board or a
      City commission to the Board of Zoning and Building Appeals, Planning
      Commission or City to the extent an appeal is provided for in this Code. For
      purposes of this definition, a person who has standing is either:
      1. an applicant or owner of property (or properties) which is the subject
        of the application and for which a final action, decision, or order is
        rendered by the City Manager (or designee), a City board or a City
        commission; or

      2. a person who meets both of the following criteria:
        1. a person who testified in person, or was represented in person
          through an authorized legal representative, before the Planning
          Commission at a hearing on the matter sought to be appealed;
        2. who owns property, or is a resident or tenant at a property,
          located within 300 feet of the property (or properties) which is
          the subject of the final action, decision or order of the Planning

    218. Pedestrian path shall mean a facility physically separated from the roadway
      and intended for pedestrian use. A walking path is designed for the use of
      two lane, two-way pedestrian traffic. Paths may be located within open space
      through a development, along an abandoned rail line or adjacent to an
      existing road. See "Trail" below.

    219. Pedestrian way- See "Pedestrian path." above

    220. Performance standard shall mean a criterion established in the interest of
      protecting the public health and safety for the control of noise, odor, smoke,
      noxious gases, and other objectionable or dangerous elements generated by
      and inherent in or incidental to a land use.

    221. Personal services shall mean establishments primarily engaged in providing
      services generally involving the care of the person or such person's apparel,
      such as laundry and dry-cleaning retail outlets, portrait/photographic studios,
      beauty and barber shops, mailing and quick copy shops. Personal services
      shall also mean establishments engaged in the provision of informational,
      instructional, personal improvement, and similar services, such as portrait
      shops, photography studios, art and music schools, licensed massage
      therapists, driving schools, health and fitness studios, and handicraft or
      hobby instruction.

    222. Personal wireless services shall mean commercial mobile services,
      unlicensed wireless services, and common carrier wireless exchange access
      services as defined by federal law at 47 U.S.C. '332(c)(7).

    223. Pet, household or domestic shall mean any variety of domesticated creature,
      such as birds, cats, dogs, and hamsters, normally kept within a dwelling or
      residential yard area, but not including farm animals, exotic or wild animals,
      reptiles, insects, or snakes.

    224. Photography shop shall mean a retail establishment that sells photography
      equipment, materials, and related supplies such as photo albums and frames,
      and which may also provide instruction and classes in photography.

    225. Photography studio shall mean the workshop of a photographer, which may
      include the retail sale of portraits and/or photographs produced by the
      photographer and a photography shop.

    226. Places of religious worship shall mean a building containing a hall,
      auditorium or other suitable room or rooms used for the purpose of
      conducting religious or other services or meetings of the occupants of such
      structure. Places of worship shall include churches, synagogues and the like,
      but shall not include buildings used for commercial endeavors, including, but
      not limited to, commercial motion picture or stage productions.

    227. Planned development shall mean a development of a property as a single
      entity for residential, commercial, industrial, or mixed
      residential/commercial/retail purposes, when the zoning regulations that
      would normally apply are superseded by controls that allow a more sensitive
      and more economical arrangement of buildings and streets on the site, and
      when development is spaced over a period of years in a predetermined

    228. Practical difficulty shall mean an impediment to a permitted use of property
      resulting from strict compliance with any of the standards of the Code that is
      determined by the Board of Zoning and Building Appeals by its weighing of
      the factors set forth in Section 1204.03(a) of this Code.

    229. Preliminary plan shall mean the preliminary drawings indicating the
      proposed layout of a subdivision to be submitted to the Planning Commission
      for its approval.

    230. Preschool–See "Day care center."

    231. Principal use shall mean the primary or predominant use of any lot or parcel.

    232. Public facilities shall mean transportation systems or facilities, water systems
      or facilities, waste water systems or facilities, storm drainage systems or
      facilities, fire, police and emergency medical services or facilities, electric
      utilities, gas utilities, cable facilities, and other public utilities.

    233. Public hearing shall mean a formal meeting held pursuant to public notice,
      intended to inform and obtain public comment, prior to taking action in
      accordance with this ordinance.

    234. Public use shall mean any use intended to be conducted in a facility or upon
      land which is owned by and operated for public use by school districts or by
      city, county, state or federal governments.

    235. Public safety and emergency services shall mean a public use that provides
      police or fire services or services for personal injury or life threatening events
      including but not limited to ambulance, paramedic, or fire and rescue

    236. Public utility shall mean a common carrier supplying electricity, telephones,
      natural gas, water, sewage disposal, railroads or similar public services, but
      shall not include mass transit or railroad depots or terminals or any similar
      traffic generating activity, or any person or entity that provides wireless
      telecommunication services to the public. See "Essential public utility and
      public services."

    237. Random selection shall mean a selection from a group of applicants based
      upon chance.

    238. Rational method shall mean a method used for estimating runoff from small
      drainage areas, usually pavement. The design discharge AQ@ is obtained from
      the equation Q = CiA where:
      1. C= Coefficient of runoff
        i = Average rainfall intensity, in inches per hour, for a given
        storm frequency and for a duration equal to the time of concentration
        A = Drainage area, in acres
      2. The time of concentration is the time required for runoff to flow from the
        most remote point of the drainage area to the point of concentration. The
        point of concentration could be a culvert inlet or the checkpoint in a roadway
        ditch used to determine the need for protection. Time of concentration is
        ordinarily designated by T and is the summation of the time of overland flow
        "to" and time of ditch flow "td".

    239. Recording, radio, or television studio shall mean a place for radio (oral),
      television (visual), or musical recording production. Radio or television
      studio shall mean only that part of a radio or television station from which
      the signal originates and shall not include the transmitter or antenna parts of
      the station.

    240. Recreational facility shall mean a place designed and equipped for the
      conduct of sports and passive and active recreational activities.

    241. Recreational facility, commercial shall mean a privately owned, for-profit
      recreational facility open to the public at large for a fee.

    242. Recreational facility, indoor - a permanently enclosed recreational facility.

    243. Recreation facility, outdoor shall mean a recreational facility devoted to
      active sports or recreation such as go-cart tracks, miniature golf, golf driving
      ranges, skating rinks, archery ranges, and the like, but shall not include
      concert halls, stadiums, race tracks of any kind, or other similar facilities
      intended to attract large crowds in excess of one-thousand (1,000) persons.

    244. Recreational facility, private-membership shall mean a recreational facility
      for the exclusive use of more than three (3) families who are residents of a
      development or the members of the organization owning the lot, but not open
      to the general public, such as a pool or community room.

    245. Recreational vehicle and equipment shall mean a vehicular-type portable
      structure without permanent foundation that can be towed, hauled, or driven
      and may be designed as a temporary living accommodation for recreation,
      camping, and travel use and including, but not limited to, travel trailers, truck
      campers, camping trailers, and self-propelled motor homes or designed to be
      used for recreational transportation, including but not limited to boats, boat
      trailers, small jet powered boats ridden by straddling a seat, and snowmobiles
      and their trailers.

    246. Repair services shall mean an establishment primarily engaged in the
      provision of repair services to individuals, households, or other businesses,
      but excluding automotive or other vehicle repair and farm machinery and
      tractor repair. Typical uses include appliance repair shops, furniture repair
      and reupholstery shops, watch or jewelry repair shops, and musical
      instrument repair shops.

    247. Repeat offense shall mean a determination of responsibility for a second, or
      any subsequent, municipal civil infraction with regard to the same Code
      provision, committed by the same person within any three (3) year period,
      unless some other period is specifically provided with regard to a specific
      Code provision.

    248. Research laboratory shall mean an industrial establishment or other facility
      engaged in scientific research, investigation, product engineering
      development, product development and testing, market development, or
      experimentation, but not facilities for the manufacture or sale of products
      except as incidental to the main purpose of the laboratory.

    249. Reservation shall mean a commitment for a residential development
      allotment in a future year.

    250. Residential improvement, minor, shall mean residential development
      consisting of decks, accessory structures that do not exceed 120 square feet
      in gross floor area, arbors, pergolas, fences, and alterations which involve the
      replacement of architectural features with similar materials and design.
      Minor residential development shall not include Historic Landmarks and
      properties within the Historic District.

    251. Resource recovery operations shall mean an industrial establishment engaged
      in the process of obtaining materials or energy, particularly from solid waste.

    252. Restaurant shall mean an establishment where the principal business is the
      sale of food and beverages in a ready-to-consume state where (1) fermented
      malt beverages, malt, special malt and vinous and spirituous liquors may be
      produced on the premises as an accessory use; (2) where there is no service
      to a customer in an automobile, and (3) where the design or principal method
      of operation consists of one or more of the following:

      1. A sit-down restaurant where customers, normally provided with an
        individual menu, are generally served food and beverages by a restaurant
        employee at the same table or counter at which the food and beverages
        are consumed; or
      2. A cafeteria or cafeteria-type operation where food and beverages
        generally are served in non-disposable containers and consumed within
        the restaurant.
      3. A carry out and/or take out where food is prepared on the premises for
        consumption off the premises.

    253. Restaurant, drive-through shall mean an establishment in which the principal
      business is the sale of foods or beverages to the customer in a
      ready-to-consume state and in which the design or principal method of
      operation of all or any portion of the business is to allow food or beverages to
      be served directly to the customer in a motor vehicle without the need for the
      customer to exit the motor vehicle.

    254. Required parking shall mean the minimum number of parking spaces
      required to be provided in connection with the particular use of a lot as
      specified by this Code.

    255. Residential development allotment, shall mean an award of a specific number
      of units from the annual residential development allocation by City Council.
      An allotment is an approval required as a condition precedent to obtaining a
      Zoning Certificate or filing a preliminary subdivision plan unless otherwise
      provided by this Chapter.

    256. Residential unit shall mean for purposes of a residential development
      allotment, a permanent residential dwelling which shall be counted in the
      following manner: One-half unit for an efficiency living unit; one-third unit
      for each occupant of a group home residence; one-sixth unit for each
      occupant of an assisted living facility or institutional residence; one unit for
      any other type of permanent dwelling unit; but no unit for an accessory
      dwelling unit, a bed and breakfast, hotel, or motel providing transient occupancy.

    257. Retail shall mean establishments that sell or rent commonly used goods and
      merchandise for personal or household use, but excludes those uses classified
      more specifically in this Section (e.g., adult businesses or restaurants).
      Typical uses include grocery stores, department stores, furniture stores,
      clothing stores, and establishments providing the following products or
      services: household electronic equipment, sporting goods, bicycles, office
      supplies, home furnishings, household appliances, wallpaper, carpeting and
      floor coverings, art supplies, kitchen utensils, jewelry, drugs, cosmetics,
      books, notions, antiques, or automotive parts and accessories.

    258. Revegetation shall mean restoration and mitigation measures for disturbed
      areas in accordance with the requirements of Chapter 1207 of this Code.

    259. Right-of-way shall mean a strip of land dedicated to and/or improved for
      vehicular and/or pedestrian travel by the public.

    260. Roadway or road – see "Street" below.

    261. Satellite earth station shall mean an antenna, usually parabolic in shape,
      designed and intended for transmitting or receiving television, radio or
      microwave signals to or from earth satellites. This definition does not
      include a Small Antenna or a Conforming Commercial Earth Station.

    262. Schedule of fees shall mean the list of charges adopted by resolution of the
      City Council, and not a part of this Code, to cover the costs of administering
      the review, decision, and/or appeal processes required by a development
      proposal, such costs to be borne by the developer, paid in advance, and
      subject to periodic revision by the City Council.

    263. School, elementary, secondary, or post-secondary shall mean any building or
      part thereof used for instructional purposes and licensed by the state to
      provide elementary, secondary, or post-secondary education.

    264. Screening, as required or recommended by this Code, shall mean the use of
      landscaping or berms, fences, walls, or the like to mask structures or property
      uses from the view of users of public streets or occupants of adjacent

    265. Self storage facility shall mean a building or group of buildings consisting of
      individual, self-contained units leased to individuals, organizations or
      businesses solely for self-service storage of personal property, with no
      outdoor sales or storage.

    266. Seminudity, State of Seminudity, or Seminude shall mean exposing to view
      with less than a fully opaque covering, any portion of the female breast
      below the top of the areola or any portion of the buttocks. This definition
      shall include the entire lower portion of the female breast, but shall not
      include any portion of the cleavage of the female breast exhibited by a dress,
      blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola
      is not exposed in whole or in part.

    267. Setback shall mean the minimum or maximum distance a building or
      structure shall be required to be situated from an adjacent lot line, except as
      modified according to this Code. Certain building projections and uses of the
      lot may extend into the setback area only as expressly allowed in this Code.

    268. Setback line shall mean an imaginary line within a lot describing the limits
      within which building construction can occur, or any part of such line, as
      established by the required front, side, and rear yard depths for each zone

    269. Sexual encounter center shall mean a business or commercial enterprise that,
      as one of its principal business purposes, offers for any form of
      1. physical contact in the form of wrestling or tumbling between persons
        of the opposite sex; or activities between male and female persons
        and/or persons of the same sex when one or more of the persons is

    270. Showrooms and salesrooms for wholesale distribution shall mean an
      establishment whose principal business is wholesale trade or distribution of
      manufactured products, supplies, and equipment, and which may include
      accessory offices.

    271. Sidewalk shall mean a paved, surfaced, or leveled area, paralleling and
      usually separated from the street, used as a pedestrian walkway.

    272. Sight distance or "clear sight triangle" shall mean the minimum distance the
      driver of a vehicle can see unencumbered by intervening buildings,
      structures, land forms, or vegetation, to safely negotiate an intersection of
      streets, usually measured between three and a half (32) feet and eight (8)
      feet above the road surface.

    273. Sign shall mean any visual communication display, object, device, graphic,
      structure or part, situated indoors or outdoors, or attached to, painted on or
      displayed from a building or structure, in order to direct or attract attention
      to, or to announce or promote, an object, product, place, activity, person,
      institution, organization, or business or the like, by means of letters, words,
      model, banner, flag, pennant, insignia, device, designs, colors, symbols,
      fixtures, images, illuminations or representation used as, or which is in the
      nature of an announcement, direction, or advertisement. For the purpose of
      this Ordinance, the word “sign” does not include flag, pennant, badge, or
      insignia of any government or governmental agency.

    274. Signable Area shall mean that portion of a building façade that can
      accommodate a sign within an open area framed by the architectural elements
      of the building.

    275. Sign, Animated shall mean any sign that uses flashing lights or movement of
      the sign or some element thereof, to depict action or create a special affect or

    276. Sign, Awning or Canopy shall mean any sign that is painted on, printed on or
      attached to an awning, canopy, or other fabric, plastic, or structural protective
      cover over a door, entrance or window.

    277. Sign, Banner shall mean a sign made of lightweight fabric or similar material
      with no enclosing framework that is mounted to a building or other structure
      at one or more edges.

    278. Sign, Billboard (synonymous with Off-site Advertising) shall mean a sign
      that directs attention to a business, commodity, service or entertainment
      conducted, sold or offered elsewhere than upon the same lot.

    279. Sign, Building shall mean any sign attached parallel to any part of a building
      and including wall signs, awning or canopy signs and window signs.

    280. Sign, Changeable Copy shall mean a portion of a sign with letters, characters,
      or graphics that are not permanently affixed to the structure, framing, or
      background allowing the letters, characters or graphics to be modified
      manually or by electronic or mechanical devices from time to time as
      situations change, such as a bulletin board or announcement board.

    281. Sign Face shall mean the area or display surface used for the message.

    282. Sign, Ideological shall mean any temporary sign announcing an idea, opinion
      or position on a social or political issue and containing no commercial

    283. Sign, Illuminated shall mean a sign with an artificial light source
      incorporated internally or externally for the purpose of illuminating the sign.

    284. Sign, Entrance or Exit shall mean a sign located at the driveway entrance or
      exit and intended to provide for safe ingress and egress.

    285. Sign, Flag shall mean a piece of flexible material having a distinctive size,
      color, and design, used as a symbol, standard, signal, or emblem.

    286. Sign, Ground shall mean a sign supported from the ground and not attached
      to any building.

    287. Sign, Instructional shall mean a sign that has a purpose secondary to the use
      on the lot and that is intended to instruct employees, customers, or users as to
      matters of public safety or necessity such as specific parking requirements,
      the location or regulations pertaining to specific activities on the site or in the
      building, and including a sign erected by a public authority, utility, public
      service organization, or private industry that is intended to control traffic;
      direct, identify or inform the public; or provide needed public service as
      determined by the rules and regulations of governmental agencies or through
      public policy.

    288. Sign, Marquee shall mean a sign attached to a structure, other than an awning
      or canopy sign, projecting from a wall of a building above an entrance and
      extending over a street, sidewalk, or part thereof.

    289. Sign, Mobile shall mean a sign that is on wheels, runners, casters, or has a
      frame to which wheels, runners, or casters may be affixed, parked trailers,
      parked vehicles, or other mobile devices, including tethered and/or anchored

    290. Signplate shall mean a wall sign not exceeding two (2) square feet.

    291. Sign, Permanent shall mean a sign that is not temporary.

    292.  Sign, Projecting shall mean a sign that is attached to a building wall and
      extending twelve (12) inches or more beyond the face of the wall.

    293. Sign, Roof shall mean a sign erected, constructed or maintained wholly upon
      or over the roof or parapet wall of any building with the principal support on
      the roof structure.

    294. Sign, Temporary shall mean a sign that is designed to be used only
      temporarily and is not intended to be permanently attached to a building,
      attached to a structure or installed in the ground, and which contains
      information or message other than the name of the business or occupant and
      of duration less than the occupancy of the use.

    295. Sign, Wall shall mean a sign painted on, attached to, or erected against the
      wall of a building or structure with the exposed face of the sign in a plane
      parallel to the plane of the wall and not extending more than 12 inches there
      from and which does not project above the roofline or beyond the corner of
      the building.

    296. Sign, Window shall mean a sign that is applied or attached to a window or
      door, or a sign located near a window within a building for the purpose of
      being visible to and read from the outside of the building except for signs that
      are not legible from a distance of more than three feet beyond the building in
      which such sign is located.

    297. Site shall mean any lot, plot, or parcel of land or combination of contiguous
      lots or parcels of land.

    298. Site development shall mean the improvement of a site in accordance with an
      approved site plan and zoning certificate (where applicable), including
      construction of buildings and structures and the rearrangement of the land

    299. Site plan shall mean the proposed layout of a lot showing all elements of the
      site development as well as utility and drainage lines, and existing buildings,
      structures, trees, and vegetation to remain.

    300. Small antenna includes the following: (i) an antenna that is designed to
      receive direct satellite service, including direct-to-home satellite service, that
      is one (1) meter or less in diameter, (ii) an antenna that is designed to receive
      video programming services via multipoint distribution services, including
      multichannel multipoint distribution services, instruction television fixed
      services, and local multipoint services, and that is one (1) meter or less in
      diameter or diagonal measurement, and (iii) an antenna that is designed to
      receive television broadcast or radio signals and is not parabolic in shape.

    301. Specified anatomical areas shall mean:
      1. The human male genitals in a discernibly turgid state, even if
        completely and opaquely covered; or
      2. Less than completely and opaquely covered human genitals, pubic
        region, buttocks or a female breast below a point immediately above
        the top of the areola.

    302. Solar Energy Systems - shall mean devices that collect energy from the sun
      and convert light into electricitiy and/or use the sun's energy to heat water
      or another fluid such as oil or antifreeze.
           A.  Solar Energy Systems-Freestanding Solar Array shall mean a solar 
                 energy system not attached to a building which stands on its own,         
                 usually mounted on a pole or support framing.
            B.  Solar Energy Systems-Panel shall mean solar energy systems that
                 consist of enclosed panels, usually rectangular in shape and secured
                 onto the roof or wall of a building.

    303. Specified sexual activities shall mean any of the following:
      1. The fondling or other erotic touching of human genitals, pubic region,
        buttocks, anus or female breasts;
      2. Sex acts, normal or perverted, actual or simulated, including intercourse,
        oral copulation, masturbation or sodomy;
      3. Excretory functions as part of or in connection with any of the activities
        set forth in (1) or (2) above.

    304. Stormwater management plan shall mean a plan to govern the collection,
      retention, and release of stormwater in a manner to minimize damage to
      downstream property.

    305. Stormwater detention basin shall mean a facility for the temporary storage of
      stormwater runoff, constructed to receive and temporarily hold stormwater
      for release at a controlled rate. Such devices may include graded depressions
      in the ground, parking lots with concave surfaces, roof tops, or buried tanks
      or pipes.

    306. Stormwater retention basin shall mean a facility, such as a pond, pool or
      basin, used for the permanent storage of stormwater runoff, constructed to
      receive and hold stormwater for release at a controlled rate.

    307. Story means that portion of a building, between the surface of a floor and the
      ceiling immediately above it.

    308. Stream shall mean a system including permanent or seasonally flowing
      water, a defined channel, flood plain, and riparian ecosystem. Streams have
      no defined size range, but generally are considered smaller than rivers.

    309. Stream corridor shall mean the corridor defined by the stream’s ordinary
      high water mark.

    310. Street shall mean an improved vehicular passage within a right-of-way that
      primary means of access to abutting lots. The term “street” includes avenue,
      drive, circle, road, roadway, parkway, boulevard, or any other similar term.

    311. Street, arterial shall mean a major arterial street and consisting of one of the
      following roadway or roadway segments:
      1. Barlow Road between Terex Road and Stow Road
        Boston Mills Road (cont’d)
        Darrow Road (State Route 91)
        Hines Hill Road, West of Valley View Road
        Main Street (State Route 91)
        Norton Road, west of Darrow Road
        Seasons Road
        Stow Road
        Streetsboro Road (State Route 303)
        Terex Road

    312. Street, collector shall mean a roadway other than an arterial street or a
      local street, that meets one or more of the following criteria: serves both
      land access and traffic circulation in residential and commercial/industrial
      areas, penetrates residential neighborhoods, distributes and channels
      traffic between local streets and arterial streets.

    313. Street, cul-de-sac shall mean a street with a single common ingress and
      egress and with a turnaround at the end.

    314. Street line shall mean the edge of a street right-of-way where it abuts
      private property.

    315. Street, local shall mean a roadway that meets one or more of the following
      criteria: provides direct access to adjacent land, provides access to collector
      streets, carries no through traffic movement.

    316. Street, public shall mean a right-of-way intended to be used for travel by the
      public, improved for such purpose, and accepted by the City of Hudson for
      perpetual maintenance.

    317. Streetscape shall mean a design term referring to all the elements that
      constitute the physical makeup of a street and that, as a group, define its
      character, including building frontage, street paving, street furniture,
      landscaping, including trees and other plantings, awnings and marquees,
      signs, and lighting.

    318. Structural framework shall mean the supporting members of the exterior
      walls and roof of a building such as bearing walls, columns, beams, and

    319. Structure shall mean any man-made construction in, on, or over the ground
      or water. The term structure includes buildings and, among other things,
      stadiums, platforms, radio towers, sheds, storage bins, fences, and display

    320. Subdivider or developer shall mean any person, partnership, joint venture,
      limited liability company, association, or corporation who participates as
      owner, promoter, developer or sales agent in the planning, platting,
      development, promotion, sale and lease of a development.

    321. Subdivision shall mean:
      1. The platting of a lot or the division of a lot, tract, or parcel of land into
        two (2) or more lots, plots, or sites for the purpose, whether immediate or
        future, of transfer of ownership; or
      2. The improvement of one or more parcels of land for residential,
        commercial, or industrial structures or groups of structures involving the
        division or allocation of land for the opening, widening, or extension of
        any street or streets; the division or allocation of land as open spaces for
        common use by owners, occupants, or leaseholders; or division or
        allocation of land as easements for the extension and maintenance of
        public sewer, water, storm drainage, or other public facilities.

    322. Subdivision, minor shall mean the subdivision of a parcel of land, after the
      original tract has been completely subdivided, into three (3) or fewer lots and
      that does not involve the opening, widening, or extension of any street or
      road or easements for access.

    323. Swimming pool shall mean a structure whether in-ground, or above ground,
      for the containment of water in excess of eighteen (18) inches in depth or
      greater than one hundred (100) square feet in surface area for private, public,
      semi-public, or commercial use.

    324. Technically suitable shall mean the location of a wireless telecommunication
      antenna(s) reasonably serves the purpose for which it is intended within the
      band width of frequencies for which the owner or operator of the antenna(s)
      has been licensed by the FCC to operate without a significant loss of
      communication capability within developed areas of the City.

    325. Telecommunication(s) shall mean the technology which enables information
      to be exchanged through the transmission of voice, video, or data signals by
      means of electrical or magnetic systems and includes the term “personal
      wireless services.”

    326. Temporary housing shall mean a dwelling that may be permitted pursuant to
      this Code to be placed on a lot that already contains one dwelling, based on a
      family hardship encountered by the residents of the existing dwelling that can
      be cured during the extent of the hardship by the presence of the second

    327. Thoroughfare Plan shall mean the official plan of highways, primary, and
      secondary thoroughfares and parkways, designated as such on the
      Comprehensive Land Use Plan adopted by the Planning Commission, and
      including the proposed opening, widening, or extension of any streets or
      roads which have been declared necessary by the City in the public interest.

    328. Townhome, see “Dwelling, Townhome.”

    329. Traffic impact study shall mean a report analyzing anticipated roadway
      conditions with and without an applicant's development, and may also
      include a parking study and overall access management plan for the
      development site.

    330. Trail shall mean a multipurpose path designed for use by pedestrians or

    331. Trailer shall mean any vehicle or structure constructed in such a manner as
      to permit occupancy thereof as sleeping quarters or the conduct of any
      business, trade, or occupation, or use as a selling or advertising devise, or use
      for the storage or conveyance for tools, equipment or machinery and so
      designed that it is or may be mounted on wheels and used as a conveyance on
      highways and streets, propelled or drawn by its own or other motor power.

    332. Transportation facility shall mean mass transit stations including bus or rail
      terminals/stations, transfer points, and depots without vehicle repair or

    333. Tree shall mean any self-supporting woody plant, usually having a single
      woody trunk, and a potential DBH of two inches or more.

    334. Tree, significant shall mean any tree with a DBH of 9 inches or more.

    335. Truck shall mean a motorized vehicle with a manufacturer-defined “curb
      weight” (fully-fueled vehicle weight with no passengers or cargo) of three
      tons (6,000 pounds) or more and which is licensed by the Ohio Bureau of
      Motor Vehicles as a truck.

    336. Use shall mean the purpose for which land or a building is arranged,
      designed, or intended, or for which either land or a building is or may be
      occupied or maintained.

    337. Use, principal — See “Principal use.”

    338. Variance shall mean a grant by the Building and Zoning Board of Appeals
      permitting deviation from the provisions of this Code when the property is
      otherwise being used for a permitted use under this Code because the Board
      finds that exceptional or unusual conditions exist that are not common to
      other areas similarly situated and practical difficulty may result from strict
      compliance with a particular zoning standard, provided that such relief will
      not have the effect of nullifying or impairing the intent and purpose of the
      zoning standard. In determining “practical difficulty”, the Board shall be
      guided by the factors set forth in Section 1204.03(a) of this Code. The term
      “variance” does not include a grant to allow a use not specifically permitted
      in this Code or a use expressly or by implication prohibited under the terms
      of this Code for the zoned district containing the property for which the
      variance is sought.

    339. Vegetation shall mean trees, shrubs, or vines.

    340. Vehicle repair/services shall mean any building, premises, or land in which
      or upon which a business, service, or industry involving the maintenance,
      servicing, repair, or painting of automobile, light trucks or vans, trailers, or
      recreational vehicles is conducted or rendered.

    341. Vehicle and equipment rentals shall mean the use of any building, land area,
      or other premises for the rental of cars, light trucks, and/or light equipment,
      and shall not include vehicle repair/services.

    342. Vehicle sales shall mean the use of any building, land area, or other premises
      for the display and sale or lease of any new or used car or light truck, and
      including outside storage of inventory, any warranty repair work, and other
      repair service conducted as an accessory use.

    343. Veterinary facility/small animal clinic shall mean any facility maintained by
      or for the use of a licensed veterinarian in the diagnosis, treatment, and
      prevention of animal diseases wherein the animals are limited to dogs, cats
      and other comparable household and domestic pets and wherein short-term,
      overnight, indoor boarding of said animals is allowed as an accessory use.

    344. Violation shall mean any act which is prohibited or made or declared to be
      unlawful or an offense under the Land Development Code (Part Twelve) or
      Part Fourteen (Building and Housing Code) of the Codified Ordinances,
      including affirmative acts as well as omissions and/or failures to act where
      the act is required by Part Twelve or Part Fourteen (Building and Housing
      Code) of the Codified Ordinances.

    345. Walkway- See “Pedestrian path.”

    346. Warehouse shall mean an establishment, conducted within a completely
      enclosed building, that is engaged in the storage of materials, equipment, or
      products that will be distributed to wholesalers or retailers.

    347. Warehousing, distribution, and enclosed storage shall mean a use engaged in
      enclosed storage, wholesale, and/or distribution of manufactured products,
      supplies, and equipment, including accessory offices and showrooms, and
      including incidental retail sales, but excluding bulk storage of materials that
      are flammable or explosive or that create hazardous or commonly recognized
      offensive conditions.

    348. Wellhead Protection Area shall mean those areas in an aquifer recharge area
      that are located within the one-mile and five-mile time of travel limits and
      that are shown on a map entitled “City of Hudson, Ohio, Wellhead Protection
      Areas Map,” the original of which may be found at the office of the Director
      of the Community Development Department.

    349. Wireless telecommunication antenna shall mean the physical device through
      which electromagnetic, wireless telecommunication signals authorized by the
      Federal Communications Commission (FCC) are transmitted or received.
      Antennas used by amateur radio operators are excluded from this definition.

    350. Wireless telecommunication equipment shelter shall mean the structure or
      cabinet in which the electronic receiving and relay equipment for a wireless
      telecommunications facility is housed.

    351. Wireless telecommunication facility shall mean a facility consisting of the
      equipment and structures involved in receiving telecommunications or radio
      signals from a mobile radio communications source and transmitting those
      signals to a central switching computer which connects the mobile unit with
      the land-based telephone lines for the provision of personal wireless services.

    352. Wireless telecommunication tower shall mean any structure which elevates
      the wireless telecommunication antenna and may include accessory
      transmission and receiving equipment.

    353. Wetlands shall mean an area that is inundated or saturated by surface water
      or groundwater at a frequency and duration sufficient to support, and under
      normal circumstances does support, a prevalence of vegetation typically
      adapted for life in saturated soil conditions.

    354. Workshop and custom small industry shall mean a facility wherein goods are
      produced or repaired by hand, using hand tools or small-scale equipment,
      including small engine repair, furniture making and restoring, upholstering,
      custom care or motorcycle restoring, and other similar uses.

    355. Yard shall mean the front, side, or rear area of a lot between the lot line and
      the setback line, extending open and unobstructed from the ground upward
      except as otherwise provided in this Code, and the depth of which is
      specified by the regulations for the zone district in which the lot is located.

    356. Yard depth shall mean the shortest distance between a lot line and the
      adjacent parallel setback line on a lot.

    357. Yard, front shall mean the yard between the front lot line and the front
      building line and extending to the side lot lines, and measured perpendicular
      to the building at its closest point to the front lot line.

    358. Yard, rear shall mean the yard extending the full width of the lot between the
      rear lot line and rear building line and measured perpendicular to the building
      at its closest point to the rear lot line.

    359. Yard, side shall mean the yard between the side lot line and the building,
      extending from the front yard to the rear yard, and measured perpendicular
      from the side lot line to the closest point of the building.

    360.  Zero lot line shall mean the location of a building on a lot in such a manner
      that one or more of the building’s sides rest directly on a lot line.

    361. Zoning certificate shall mean a written statement issued by the Community
      Development Department authorizing buildings, structures, or other uses
      consistent with the terms of this Code and for the purpose of carrying out and
      enforcing its provisions. Also referred to in this Code as “Certificate of
      Zoning Compliance.”

    362. Zone or zoning district shall mean a contiguous area of land on all parts of
      which the same uniform opportunities for development apply.

    363. Zoning district boundary shall mean the perimeter line completely enclosing
      a zone district.

    364. Zoning Map shall mean the official zoning map, showing all zone district and
      their boundaries, adopted by the city by ordinance, and as amended.