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Land Development Code - City of Hudson, Ohio

Chapter 1207    Zoning Development & Site Plan Standards

APPLICABILITY:
CHAPTER 1207 ZONING DEVELOPMENT AND SITE PLAN STANDARDS SHALL APPLY TO ALL
DEVELOPMENT IN THE CITY OFF HUDSON EXCEPT DEVELOPMENT IN DISTRICTS 6 AND 8.
DEVELOPMENT IN DISTRICTS 6 AND 8 SHALL BE SUBJECT ONLY TO SECTION 1207.18 “ZONING
DEVELOPMENT AND SITE PLAN STANDARDS FOR DISTRICTS 6 AND 8” AND THE CODE SECTIONS
INCORPORATED BY REFERENCE THEREIN.

Section 1207.01    Maximum Impervious Surface

  1. Maximum Impervious Surface Coverage
    1. Single-Family Residential Uses. The maximum impervious surface coverage
      for an individual single-family detached use within Zoning Districts 1, 2, 3,
      or 10 shall not exceed 40% of the total gross area of the underlying lot or
      lots.

    2. All Other Residential Uses. The maximum impervious surface coverage for
      an individual single-family use within Zoning District 4 or within an Open
      Space Conservation Subdivision, and all other types of residential uses (e.g.,
      townhomes, multi-family), including parking areas and accessory buildings
      and structures, shall not exceed 60% of the total gross area of the underlying
      lot or lots.

    3. Planned Developments. The maximum impervious surface coverage,
      including parking areas and accessory buildings and structures, shall be
      determined on a case-by-case basis based on the criteria set forth in
      subsection (b) below.

    4. All Other Non-Residential Uses. The maximum impervious surface
      coverage for commercial, industrial, and institutional uses shall be
      determined on a case-by-case basis based on the criteria set forth in
      subsection (b) below, but in no case shall the maximum impervious surface
      coverage exceed 60% of the total gross area of the underlying lot or lots.

  2. Criteria for Establishing Impervious Site Coverage and Limits of Disturbance
    In establishing maximum impervious surface and limits of disturbance, the
    following criteria and standards shall be considered and applied:
    1. Minimize visual impacts from the development, including but not limited to
      screening from adjacent properties and protection of scenic views.

    2. Preservation of significant trees or vegetation.
      [See Section 1207.02, "Tree and Vegetation Protection."]

    3. Erosion prevention and control, including but not limited to protection of
      steep slopes and natural drainage channels.
      [See Section 1207.02, "Tree and Vegetation Protection;" Section 1207.03,
      "Wetland/Stream Corridor Protection;" and Section 1207.07, "Stormwater
      Management/Drainage/Erosion Control."]

    4. Protection of aquifer recharge areas, and in particular areas lying within the
      one-mile and five-mile time of travel limits for the City of Hudson's
      designated Wellhead Protection Area.
      [See Section 1207.08, "Wellhead Protection Area Standards."]

    5. Stream corridor and wetland protection and buffering.
      [See Section 1207.03, "Stream Corridor and Wetlands Protection."]

    6. Preservation of existing levels of ecological integrity as shown on any of the
      individual metrics or the undeveloped IEI composite set forth in Appendix B
      to this Code.

  3. Limits of Disturbance--Development Standards and Guidelines
    1. Construction Activity Inside the Limits of Disturbance:
      1. All construction activity, including, without limitation, grading,
        excavation, or stockpiling of fill material shall be contained within
        the approved limits of disturbance.
      2. No construction activity shall be permitted within the limits of
        disturbance, whether to provide for a building site, on-site utilities or
        services, or for any roads or driveways, prior to the approval of any
        required erosion and sedimentation control plan for the development.

    2. Land Disturbing Activities Outside the Limits of Disturbance. Land
      disturbance activity may occur outside the limits of disturbance for the
      following limited purposes:
      1. Restoration of previously disturbed or degraded areas.
      2. Utility installations and emergency public safety activities when such
        activities and installations cannot reasonably be contained within the
        Limits of Disturbance or other nearby developed areas.
      3. Construction of a multi-purpose trail that will provide public access
        for recreational purposes when such trail cannot reasonably be
        contained within the Limits of Disturbance or other nearby developed
        areas.
      4. Enhancement of the habitat values and/or other natural resource
        values of an identified natural area.
      5. Landscaping, including vegetation clearing, planting of lawns, and
        tree removal may occur in the areas outside the limits of disturbance,
        except that trees with a diameter at breast height (DBH) of 9 inches
        or more shall not be removed, except as provided in Section 1207.02.
      6. Bufferyards. Areas along the perimeter of a lot that are outside the
        established limits of disturbance may be disturbed to establish a
        bufferyard as required by Section 1207.04 of this Chapter.

    3. Standards For Protection During Construction:
      1. Designation and Fencing. Approved Limits of Disturbance shall be
        shown on the final site plan or subdivision plan. Limits of
        Disturbance shall be designated in the field prior to commencement
        of excavation, grading, or construction with fencing or other methods
        approved by the City Manager. For the protection of trees and
        clumps of trees to be preserved, see the tree protection specifications
        in Section 1207.02(d) below.

Section 1207.02    Tree and Vegetation Protection

  1. Purposes
    Protection of existing tree and vegetation cover is intended to preserve the visual and
    aesthetic qualities of the city, to encourage site design techniques that preserve the
    natural environment and enhance the built environment, to control erosion and
    sediment run-off into streams and bodies of water, to protect wildlife habitat, to
    provide shade, and to conserve energy by reducing building heating and cooling
    costs.

  2. Tree/Vegetation Removal
    1. Outside the Limits of Disturbance. No trees with a diameter at breast height
      (DBH) of 9 inches or greater shall be removed outside the approved limits of
      disturbance, except as may be specifically exempted in this section.

    2. Within the Limits of Disturbance. Whenever practicable, significant trees
      and existing vegetation within the limits of disturbance should be preserved.

    3. Priority Areas for Retention. Priority areas for retention of existing trees and
      vegetation shall include, but not be limited to riparian areas, wetlands,
      wildlife habitat, aquifer or wellhead protection areas, areas falling within the
      two highest quality ecological integrity classifications for any of the
      individual metrics or composite as set forth in Appendix B to this Code, and
      other sensitive natural areas. Streets, buildings, and lot layouts shall be
      designed to minimize disturbance to all trees 9 inches DBH or larger.

  3. Replacement/Mitigation Requirements for Violations of this Section
    1. Trees. Any tree 9 inches DBH or larger that is removed in violation of this
      Section from outside the limits of disturbance shall be:
      1. Replanted on the site; or
      2. Replaced with a tree of the same or equivalent species; or
      3. Replaced with trees of the same or equivalent species and in
        quantities consistent with the dollar values set forth in the Schedule A
        below.

    2. Cash Payment In-Lieu of Tree Replacement. Alternately, for any tree 9
      inches DBH or larger that is removed from outside the limits of disturbance,
      the applicant may pay cash in-lieu of tree replacement consistent with the
      dollar values set forth in Schedule A below. All monies received by the City
      from an applicant for the purpose of tree mitigation shall be placed in an
      individual conservation escrow account.

      Schedule A , above, is subject to index adjustments for inflation.

    3. Exception. The Planning Commission may waive the tree mitigation
      provisions set forth in this section if it finds that removal of a tree or trees 9
      inches DBH or greater was necessary due to site planning efforts to protect
      sensitive areas on the lot or site, including but not limited to wetlands, stream
      corridors, or aquifer protection areas.

  4. Site Construction Standards
    All applicants shall meet the following standards:
    1. Trees to be Removed. Trees authorized for removal shall be marked on the
      curb side with an orange "X" of at least 4 inches in height.

    2. Trees to be Relocated. Trees to be relocated shall be marked on two sides
      with a white "dot" of at least 4 inches in height. Trees shall be transported
      and relocated directly into the ground with a hydraulic spade to a permanent
      on- or off-site location approved by the city before construction begins.
      Trees larger than 5 inches or larger shall be moved with a spade 90 inches or
      larger. Trees smaller than 5 inches shall be moved with a spade 60 inches or
      larger.

    3. Trees to be Preserved. Trees and groups of trees to be preserved on site,
      including their root zone (the most critical portion of a tree's root zone is an
      area approximately one-foot in radius for each diameter inch of trunk), shall
      be protected during the entire construction period with orange fencing of a
      minimum height of four feet, secured with metal t-posts, no closer than six
      feet from the trunk of any tree or one-half the drip line, whichever is greater
      or other methods approved by the City Manager. Any fenced area shall be
      posted with a sign with at least 2-inch high lettering reading "Tree
      Preservation Area--Do Not Disturb." Such signs shall be posted at least
      every 100 feet or on each separate fenced area. No signs, notices, or permits
      shall be nailed or attached to protected trees. The applicant shall be
      responsible for maintenance of signs and fencing at all times.

    4. Prohibited Activities within Preservation Areas:
      1. The applicant shall be responsible for ensuring that within the fenced
        areas there is no disturbance of soil, clearing, grubbing, grading,
        stock-piling of soil or any other materials or equipment, or disposal
        of any fluids or other materials that may be harmful to the tree(s) or
        vegetation.
      2. Change in site grade greater than six (6) inches within the dripline of
        protected trees, or within three (3) feet of protected vegetation, such
        that drainage flows into or collects near protected tree(s) and
        vegetation is prohibited.

    5. Limits on Excavation Near Preserved Trees. The installation of utilities,
      irrigation lines, or any underground fixture requiring excavation deeper than
      six inches shall be accomplished by boring under the root system of protected
      existing trees at a minimum depth of 24 inches. The auger distance shall be
      as set forth in the chart below:


  5. Exemptions
    The following trees and vegetation shall be exempt from the requirements of this
    section:
    1. Dead, dying, or naturally fallen trees or vegetation, unless the Community
      Development Staff determines that an action or actions of the applicant or his
      agents has contributed substantially to the deterioration of a tree or
      vegetation, or trees and vegetation found to be a threat to public health,
      safety, or welfare;

    2. Trees or vegetation that are determined by the City to substantially obstruct
      clear visibility at driveways and intersections;

    3. Tree species that constitute a nuisance to the public such as Corkscrew
      Willow, Flowering Pear, Weeping Willow, Colorado Blue Spruce, and
      Austrian Pine.

    4. Trees that are removed from a large stand of trees or forests that are overly
      dense as part of a plan approved by a qualified forester and the city
      Community Development Staff for the purpose of maintaining the health and
      viability of the stand of trees or forest.

  6. Plant Materials, Installation, and Maintenance
    1. Topsoil. To the maximum extent feasible, topsoil that is removed during
      construction activity shall be conserved for later use on areas requiring
      landscaping and revegetation.

    2. Plant Materials. The selection of plant materials shall be based on the City of
      Hudson's climate and site conditions. A list of allowable and preferred plant
      species that are adaptable to the City of Hudson can be found in Appendix C
      of this Code.

    3. Plant Quality. All plants shall be Specimen Quality for the plant type, free of
      any defects, of normal health, height, leaf density, and spread appropriate to
      the species as defined by American Association of Nurserymen or
      International Society of Arboriculture standards.

    4. Installation. All tree replacement in each phase of a development shall be
      either installed or installation shall be secured with a letter of credit, escrow,
      or performance bond for 125% of the value of the trees prior to the issuance
      of a certificate of zoning compliance for any building in such phase. The
      performance guarantee required by this section shall be in addition to any
      performance guarantee(s) for landscaping required in Section 1207.04 of this
      Chapter.

    5. Maintenance. Existing trees and vegetation shall be considered as elements
      of the project in the same manner as parking, building materials, and other
      site details, and if damaged during construction or dead within two years of
      completion of development, shall be promptly replaced based on the
      requirements of this Section.

Section 1207.03    Wetland/Stream Corridor Protection

  1. Purpose
    The following requirements and standards are intended to promote, preserve, and
    enhance the important hydrologic, biological, ecological, aesthetic, recreational, and
    educational functions that stream corridors, associated riparian areas, and wetlands
    provide.

  2. Boundary Delineation
    1. Qualified Professional. Stream corridor and wetland area delineation shall be
      performed by a qualified professional that has demonstrated experience
      necessary to conduct site analysis. Delineations shall be subject to the
      approval of the City Manager, City Engineer, and the City Community
      Development Staff.

    2. Stream Corridor Boundaries. Stream corridors shall be delineated at the
      ordinary high-water mark as defined in Chapter 1213 of this Code. Stream
      corridors shall not include ditches that are commonly known to be irrigation
      ditches and that do not contribute to the preservation and enhancement of
      fisheries or wildlife.

    3. Wetland Boundaries.
      Boundary delineation of wetlands shall be established by reference to the
      City of Hudson's Environmental Resource Atlas and the Index of Ecological
      Integrity (ACRT, Inc., 1996), or if a property is not included in the Atlas or
      the Index, or if the Atlas or Index boundary is disputed by either the City or
      applicant, then by using the Corps of Engineers Wetland Delineation Manual,
      Technical Report Y-87-1, dated 1987. Subsequent revisions of the Federal
      Manual shall not be incorporated into this delineation methodology.
      Although the Federal Manual may change in the future, the City will use this
      referenced manual as a basis for wetland determination. The following City
      of Hudson studies shall also be used by reference to establish wetland
      boundaries: Mudbrook, Brandywine and Meadowbrook.

  3. Prohibited Activities
    No person shall engage in any activity that will disturb, remove, fill, drain, dredge,
    clear, destroy, or alter any area, including vegetation, within stream corridors,
    wetlands, and their setbacks, except as may be expressly allowed in this Code.

  4. Compliance with Applicable Federal Wetlands Laws or Regulations
    1. No person shall engage in any activity that will disturb, remove, fill, drain,
      dredge, clear, destroy, or alter any area, including vegetation, within a
      wetland as delineated or would be delineated by the procedures of this
      section, except as may be expressly allowed by this Code.

    2. The City shall not grant final approval to any development or activity,
      including subdivisions, in a wetland that falls within the federal government's
      jurisdiction until all necessary federal approvals and permits have been
      obtained.

  5. Setbacks
    The following setbacks are considered minimum distances:
    1. Stream Corridors. All buildings, accessory structures, parking lots, grading
      and clearing shall be set back from the ordinary high-water mark of stream
      corridors. The minimum setback widths are:
      1. 100 feet on each side of all streams draining an area greater than 20
        square miles, or
      2. 75 feet on each side of all streams draining an area greater than 0.5
        square miles (320 acres) and up to 20 square miles, or
      3. 50 feet on each side of all streams draining an area greater than 0.05
        square miles (32 acres) and up to 0.5 square miles (320 acres).
      4. 30 feet on each side of all streams draining an area less than 0.05
        square miles (32 acres).

    2. Wetlands. All buildings, accessory structures, and parking areas or lots shall
      be set back at least fifty (50) feet horizontally (map distance), from the
      delineated edge of a wetland.

    3. Private Open Space/Landscaping Credit. All setback areas shall be credited
      toward any relevant private open space set-aside requirements or landscaping
      requirements.

  6. Preservation of Vegetation
    All existing vegetation within the steam corridor or wetland setback area shall be
    preserved, and where necessary to provide adequate screening or to repair damaged
    riparian areas, supplemented with additional native planting and landscaping
    approved by the City Community Development Staff.

  7. Exceptions
    The following structures and necessary grading may be excepted from this section
    "Wetland/Stream Corridor Protection" provided construction and the area disturbed
    minimizes impact to the maximum extent feasible: (1) Bridges over streams and the
    setback area; (2) Storm water management wet basins within the setback area when
    native plantings are used.

Section 1207.04    Landscaping/Buffering

  1. Purpose
    The purpose of these regulations is to provide minimum standards involving the
    development of land to provide attractive views from roads and adjacent properties;
    to screen from view visually unattractive uses; to require screening between
    incompatible land uses and to protect the health, safety and welfare of the
    community through the reduction of noise, air and visual pollution, and headlight
    glare.

  2. Applicability
    1. New Property Development
      Landscaping requirements shall apply to all new property development,
      except bufferyard requirements shall not apply to individual single family
      dwellings and parking lots of five (5) spaces or smaller.

    2. Collective Substantial Expansion of Existing Buildings
      Landscaping requirements shall apply to any collective substantial expansion
      of existing buildings, other than individual single family dwellings, and as
      further excepted as follows. Bufferyards (Sections 1207.04(d-h) and
      perimeter parking lot landscaping (Section 1207.04(m)(3)) are required only
      to the extent that the site improvement is visible from roads or adjacent
      property, but that bufferyards shall not be required for parking lots of five (5)
      spaces or fewer. General landscaping (Section 1207.04(j)), landscaping in
      the front yard and front setback (Section 1207.04(l)), and landscaping for
      parking lot islands (Section 1207.04(m)(2)) will be based proportionately on
      the area of the footprint of the improvement, not the area of the total resulting
      building footprint. Substantial expansion of existing buildings shall be
      defined based on the criteria established below:


    3. Improvements Other Than New Property Development or Collective
      Substantial Expansions of Existing Structures
      Bufferyard and landscaping requirements shall not apply to improvements
      that are not new property development or collective substantial expansions of
      existing structures, except as follows. Perimeter parking lot landscaping
      (Section 1207.04(m)(3) and screening/landscaping for service structures
      (Section 1207.04(n)) are required only to the extent that the site improvement
      is visible from roads or adjacent property. Landscaping for parking lot
      islands (1207.04(m)(2) will be based proportionately on the area of the
      footprint of the improvement, not the area of the total resulting footprint. In
      no case shall bufferyard requirements apply to individual single family
      dwellings and parking lots of five (5) spaces or smaller.

  3. Plan Review
    For any bufferyard or landscaping required in this Code, the applicant shall submit a
    landscape plan to the City Manager for approval as part of the Site Plan Review
    process or Subdivision Review process. Landscape plans shall be prepared by a
    landscape design professional practicing within their areas of competence, except
    that the City Manager may waive this requirement for individual single family
    dwellings. Refer to Appendix A for landscape plan submittal requirements.

  4. Bufferyards
    Bufferyards shall be required around the boundary of all new developments to
    separate adjacent incompatible land uses and screen and soften the detrimental
    impacts of incompatible uses upon one another and upon the surrounding property
    line. Boundary bufferyards may vary in width depending on site conditions and on
    the level of screening required for line of sight, noise suppression, or other nuisance
    related purpose.

  5. General Standards for Bufferyards
    1. Responsibility for Installation of Buffer. Boundary and streetscape buffer
      areas shall be provided by the person in charge of or in control of developing
      the property whether as owner, lessee, tenant, occupant, or otherwise
      (hereinafter referred to as "Owner").

    2. Location:
      1. Boundary buffers shall be located along the rear and side boundaries
        of a lot or parcel. On sloped areas the boundary buffer should be
        located to maximize its screening effectiveness.
      2. Streetscape buffers shall be located along, but outside of, the public
        right-of-way and may be required along private street easements.

    3. Structures Within Required Buffer. No structure shall be permitted within a
      required buffer other than a wall, fence, or earth berm. A driveway in the
      side yard that connects a paving area on the lot to the street shall not
      encroach into the boundary buffer area.

    4. Level of Bufferyard Required:
      1. The bufferyards illustrated in subsection (g) below depict the total
        bufferyard required to be erected by the higher intensity use when it
        is being located next to the same or lower intensity use.
      2. When a use is proposed to be developed adjacent to a higher intensity
        use existing as of the effective date of this ordinance, it shall be
        required to plant a minimum Level B Bufferyard.
      3. The land use class of a vacant adjoining parcel shall be classified as
        the lowest intensity use permitted in the existing zone district.

    5. Hierarchy of Land Use Intensities. For purposes of this section, the
      following is a listing of land uses from highest intensity (A) to lowest
      intensity (I):
      1. Industrial
      2. General Agricultural Land Use
      3. Retail Commercial
      4. Institutional/Civic
      5. Office Commercial
      6. Village Core Non-Residential Land Uses
      7. Multi-Family Residential
      8. Single Family Residential Open Space Conservation Subdivision
      9. Single Family Residential Conventional

    6. Adjacent Parcels. When adjacent parcels are being developed, the required
      buffer shall be placed on each parcel being developed. However, a buffer
      that meets the requirement of both parcels may be placed astride the
      boundary if a written agreement, signed by both owners, is filed with the City
      Manager, is recorded in the real estate property records of the County and
      runs with the property.

    7. Bufferyard Establishment. Once a bufferyard has been approved by the
      Planning Commission and established by the owner, it may not be used,
      disturbed, or altered for any purpose.

  6. Determination of Bufferyard Type
    A number of bufferyard requirements for new development are specified in various
    sections of this Code. Where no bufferyard standard is specified, the determination
    of the appropriate type of bufferyard required between two adjacent parcels is made
    by the following procedure:
    1. Identify the land use of the proposed development property; and

    2. Identify the adjacent land use(s).

    3. Identify the bufferyard type by referring to Table 1 on next page.


    4. Bufferyard Increases Based on Height of Non-Residential Buildings. When a
      non-residential building is developed adjacent to an existing residential use
      or residential lot, the required boundary bufferyard between the nonresidential
      development and the residential use shall be increased according
      to the following table:


  7. Bufferyard Type Requirements
    1. The application of bufferyard requirements must be flexible. A single
      standard applied to all uses can impose unnecessary hardship to landowners
      in certain instances and lead to monotonous landscapes in others. In order to
      provide a level of flexibility, a developer may choose from several widths
      and planting options within each type of bufferyard as provided in this
      section.

    2. Bufferyard Type. The type and extent of bufferyard plantings or screening
      shall be a function of the degree of potential incompatibility of the adjacent
      land uses as set forth in Table 1 above.
      1. Bufferyard A - Minimal: Minimum bufferyard width five (5) feet.
        [See Figure 10].
      2. Bufferyard B - Minor: Minimum bufferyard width ten (10) feet. (See
        Figure 11.)
      3. Bufferyard C - Moderate: Minimum bufferyard width fifteen (15)
        feet. (See Figure 12.)
      4. Bufferyard D - Substantial: Minimum bufferyard width twenty-five
        (25) feet. (See Figure 13.)
      5. Bufferyard E - Major: Minimum bufferyard width forty (40) feet.
        (See Figure 14.)

    3. Bufferyard Width. Each bufferyard has five width options. As width
      increases, the number of plantings per 100 foot length decreases by a given
      factor referred to as the Plant Unit Multiplier. A Plant Unit Multiplier of one
      (1) is used for the minimum width of each bufferyard. The minimum width
      can be reduced, in certain instances, by using fences/ walls within the
      bufferyard As illustrated below. An earth berm of the same height may be
      substituted for a fence or wall as illustrated on the following pages. When a
      bufferyard is required in addition to perimeter landscaping of parking of
      Section 1207.04(m), the required bufferyard may be satisfied concurrently
      with the requirements of 1207.04(m) by the more intensive planting and the
      more extensive width required by either this subsection or subsection
      1207.04(m).






  8. Bufferyard Fences and Earth Berms
    Bufferyards C, D, and E include the optional use of fences or earth berms as part of
    the bufferyard requirements. For all Bufferyards A- E, where the minimum
    bufferyard distance width is being met, if a 4-6 foot earth berm or a 4-6 foot fence or
    wall is installed as part of the bufferyard, then the required bufferyard plant material
    may be reduced by no more than 15%. This 15% reduction is in addition to other
    allowable reductions in plant material due to increasing the minimum bufferyard
    width, as illustrated in Section 1207.04(g), "Bufferyard Requirements" above.

  9. Street Tree Planting Requirements
    The planting of street trees shall be required at the time a parcel is developed or
    redeveloped and final landscape grade is completed in all zoning districts, and in
    accordance with the following regulations. The following are requirements for the
    planting of street trees within the street right-of-way unless drainage ditches prohibit
    adequate planting area, then street trees shall be planted on private land adjacent to
    the right-of-way..
    1. All developers shall plant trees along public streets of their developments in
      such a manner, type, quantity and location as set forth below. Any
      undeveloped street or existing street with undeveloped frontage shall
      conform to these requirements at the time of the development. See Appendix
      C for Plant List of acceptable trees and plants. For purposes of this section,
      trees shall be defined by mature heights they reach as indicated by the
      following: large - sixty (60) feet and taller, medium - up to forty (40) feet,
      and small - up to twenty (20) feet.
      1. The minimum spacing between trees shall be 40 feet for large trees,
        30 feet for medium trees, and 20 feet for small trees.
      2. The maximum spacing between trees shall be 50 feet for large trees,
        40 feet for medium trees, and 30 feet for small trees.
      3. The minimum distance between the edge of the mature tree and the
        edge of the street shall be 6 feet for a large tree, 4 feet for medium,
        and small trees.
      4. The tree location shall be at least 30 feet from an existing stop sign or
        from the standard location of a stop sign at street intersections and ten
        feet from fire hydrants and utility poles.
      5. A small tree shall be used when planting under or within ten lateral
        feet of overhead utility wires. A medium tree shall be used when
        planting within 20 lateral feet of overhead utility wires.
      6. The developers shall be required to maintain the trees for two years
        after the trees are planted and to replace any tree which fails to
        survive or does not exhibit normal growth characteristics of health
        and vigor within such two-year period. A two-year guarantee period
        shall begin at each planting and shall recommence as trees are
        replaced. Upon completion of a street tree planting, the landscape
        contractor shall contact the City Community Development Staff for a
        preliminary inspection. The guarantee period shall begin after the
        approval of the City Community Development Staff. A final
        inspection shall be made at the end of the guarantee period. All trees
        not exhibiting a healthy, vigorous growing condition, as determined
        by the city's inspection, shall promptly be replaced at the expense of
        the developer.

  10. General Landscaping
    These requirements are in addition to the landscaping requirements and the street
    tree requirements set out in Section 1207.04.
    1. Residential Landscaping Requirements:
      1. All residential lots shall be planted with a minimum of three (3) trees
        with a minimum diameter at breast height (DBH) of 1: inches. Any
        single-family detached lot shall have at least one (1) of the required
        trees located in the front yard, or on the south or west side of the
        house for effective summer cooling, or in the case of a corner lot, in
        the front yard or the side yard facing the street. Existing trees
        properly preserved within the limits of disturbance of equal or larger
        DBH will satisfy this requirement. (See subsection (t), Landscaping
        Credits below).
      2. For any residential development with attached or multi-family
        buildings, two trees, with a minimum DBH of 1: inches, shall be
        planted for each unit on individual lots, if provided, or within the
        Open Space Area(s). Existing trees, of equal or larger DBH, if
        properly preserved, will satisfy this requirement.

    2. Non-Residential Landscaping Requirements:
      In all institutional, commercial, and industrial developments: one (1) tree
      shall be planted of a minimum two (2) inches DBH shall be planted for
      every 2,000 square feet of gross area of building footprint or fraction thereof.
      Existing trees properly preserved within or outside of the limits of
      disturbance, of equal or greater DBH, will satisfy this requirement.

  11. Landscaping Requirements for Front Yard/Front Setbacks
    1. Uses Fronting on Arterials:
      Except in District 5 and 9, landscaped buffers shall be required within the
      front yard setback area of all uses fronting an arterial street. The landscaped
      buffer shall meet the following standards:
      1. The minimum width of the bufferyard shall be 50 feet, except that
        residential open space conservation subdivision lots fronting an
        arterial street shall establish a landscaped bufferyard with a minimum
        width of 100 feet unless the Planning Commission determines that a
        less wide bufferyard is compatible with existing development
        patterns in the surrounding community. (See Section 1207.06).
      2. Plantings for every 100 feet of bufferyard length: four (4) small trees
        and two (2) large or medium trees from the Tree Plant List.
        (Appendix C)
      3. Trees shall be planted in a random pattern, interspersing sizes of trees
        Large, Medium, and Small (see Appendix C for Large, Medium and
        Small Tree Plant List).
      4. Only the native plant species for each of these categories of trees as
        set forth in Appendix C shall be utilized.

    2. Non-Residential Uses Fronting Non-Arterial Roadways:
      In all non-residential developments fronting non-arterial streets, at least 10%
      of the total front yard area adjacent to the public or private street shall be
      landscaped with a mixture of trees, shrubs, planting beds and/or perennials.

  12. Landscaping for Parking Lots
    1. General Requirements:
      1. Parking lots containing more than 6,000 square feet of area or 20 or
        more vehicular parking spaces, whichever is less, shall provide
        interior landscaping of the peninsular or island types of uncompacted,
        well-drained soil that contains a minimum of 6 inches of top soil mix,
        as well as perimeter landscaping.
      2. All parking lots shall provide perimeter landscaping.

    2. Interior Landscape Requirements for Parking Lots:
      1. For every ten (10) parking spaces or fraction thereof, the applicant
        shall provide not less than one hundred sixty (160) square feet of
        interior landscaped parking lot areas containing at least one tree with
        a minimum DBH of 2 inches and 4 shrubs. (See Figure 15.)
      2. The minimum landscape area permitted shall be 160 sq. ft. with a
        minimum planting width of 9 feet.
      3. Maximum contiguous area. In order to encourage the required
        landscape areas to be properly dispersed, and to break up large
        expanses of parking, no individual landscape area shall be larger than
        500 square feet in size in vehicular use areas less than 30,000 square
        feet and no individual area shall be larger than 2,000 square feet in
        vehicular use areas over 30,000 square feet. Individual landscape
        areas larger than above are permitted as long as the additional area is
        in excess of the required minimum total.


    3. Perimeter Landscaping for Parking Lots:
      1. Parking lots shall have perimeer landscaping of a minimum width of ten (10) feet exclusive of vehicle overhang. (See Figure 16.)
      2. This perimeter landscaping shall contain sufficient plant material that will achieve an effective, opaque screen of a height of at least three feet within (2) years of installation. The perimeter buffer zone shall also contain deciduous trees and allow adequate snow storage area.
      3. When perimeter landscaping of parking lots is required even in addition to a
        bufferyard of Section 1207.04(g), the required perimeter landscaping of parking may
        be satisfied concurrently with the requirements of 1207.04(g) by the more intensive
        planting and the more extensive width required by either this subsection or
        subsection 1207.04(g).

    4. Vehicle Overhang

      1. Parked vehicles may hang over the interior landscaped area no more
        than two and one-half feet. Concrete or other wheel stops shall be
        provided to ensure no greater overhang on the landscaped area. (See
        Figure 17.)
      2. Where parked vehicles will overhang a four-foot minimum spacing
        shall be provided from edge of pavement to all trees. (See Figure 17.)

    5. Ground Cover: Grass or ground cover shall be planted on all portions of the
      required landscaping area not occupied by other landscape material. Such
      material fulfills required interior or perimeter landscaping.

  13. Screening and Landscaping for Service Structures
    Service structures shall include but not be limited to propane tanks, dumpsters,
    electrical transformers, utility vaults which extend above the surface, electrical and
    other equipment or elements providing service to a building or a site. Service
    structures may be grouped together.
    1. Location of screening. Either a solid, opaque fence or wall or earth berm,
      with a continuous planting of evergreen plant material shall enclose any
      service structure on all sides, unless such structure must be frequently
      accessed in which case screening on all but one side is required. The average
      height of the screening fence or wall shall be one foot more than the height of
      the enclosed structure, but shall not exceed the maximum permitted height of
      fences and walls of the District. For additional screening requirements for
      screening/landscaping required for vehicle loading, See Section 1207.13(s),
      for industrial uses, see Section 1207.18(c), Industrial Design Guidelines.

    2. Mechanical equipment and service functions associated with a building shall,
      to the maximum extent feasible, be incorporated into the overall design
      theme of the building and the landscape so that these functions are out of
      view from public ways and adjacent properties while allowing convenient
      access.

    3. Plant material required for screening of service structures shall not count
      towards the fulfillment of other landscape requirements in this Section. No
      interior landscaping shall be required within an area screened for service
      structures.

    4. Curbs to protect plant material. Whenever plant material is placed around
      any trash disposal unit or waste collection unit which is emptied or removed
      mechanically on a regular basis, a curb to contain the placement of the
      container shall be provided adjacent to the plant material. The curbing shall
      be at least one foot from the material and shall be designed to prevent
      possible damage to the plant material when the container is moved or
      emptied.

  14. Approval
    1. No site plan, subdivision plat, or other development plan required under this
      Code shall receive final approval unless a landscaping plan meeting the
      requirements of this Section has been submitted and approved.

    2. No certificate of zoning compliance shall be issued unless the following
      criteria are fully satisfied with regard to the approved landscaping plan:
      1. Such plan has been fully implemented on the site and inspected by
        the City Community Development Staff, or
      2. Such plan has been guaranteed by an improvement agreement
        between the developer and the City in a form acceptable to the City
        Solicitor and secured by a letter of credit, cash escrow, or other
        instrument acceptable to the City Solicitor, in an amount equal to
        110% of the cost of such installation. See also Section 1208.15(b),
        "Performance Guarantees."

  15. Timing of Installation
    Landscaping and bufferyards shall be installed within six months of the completion
    of construction.

  16. Landscaping Materials and Specifications
    Existing vegetation shall be preserved in accordance with Section 1207.02, "Tree
    and Vegetation Protection," and may be credited towards landscaping requirements
    as set forth below.
    1. The following items are suitable for screening uses individually or in
      combination with each other provided they create an opaque screen, subject
      to review and approval by the Planning Commission. Nursery stock
      identification tags shall not be removed from any planting prior to final
      inspection and approval of installation by the City.
      1. Walls and Fences
        When walls or fences are used to fulfill screening requirements, they
        shall be detailed on the landscaping plan. They are to be of weatherproof
        materials. This includes pressure treating or painting of lumber
        if it is not redwood or cedar and using aluminum or galvanized
        hardware. Chain link fences with or without wooded or synthetic slat
        material shall not be allowed to satisfy bufferyard C and landscaping
        requirements.
      2. Plants
        All plants are to be living and part of the acceptable plants list
        identified in Appendix C. All specifications for the specimen quality
        and installation of trees and shrubs shall be in accordance with the
        most recent edition of "American Standards for Nursery Stock"
        published by the American Association of Nurserymen. Trees shall
        be balled and burlapped or in containers. Shrubs, vines, and ground
        covers can be planted as bare root as well as balled and burlapped or
        containers.
        1. Deciduous Trees. Large/medium sized deciduous trees shall
          have a minimum DBH of at least 2 inches when installed at
          the time of planting. Small sized deciduous trees shall have a
          minimum DBH of at least 13 when planted. If deciduous
          trees are to be used for screening purposes, additional
          materials, including fences/walls or earth berms, must be used
          to create an opaque buffer.
        2. Evergreen Trees. Evergreen trees shall be a minimum of 6
          feet in height at the time of planting. If used for screening,
          evergreen plantings shall be designed to provide an effective,
          opaque screen within 4 years of planting.
        3. Shrubs and Hedges. Shrubs and hedges shall be at least 18
          inches in height or 24 inches in spread at the time of planting.
          If used for screening, all shrubs and hedges shall be designed
          to provide an effective, opaque screen within 4 years after
          planting.
        4. Grass or Ground Cover. Grass of the Fescus (Gramineak) or
          Bluegrass (Poaceae) family shall be planted in species
          normally grown as permanent lawns in Summit County. In
          swales or other areas subject to erosion, solid sod, erosion
          reducing net, or suitable mulch shall be used and nursegrass
          seed shall be sown for immediate protection until complete
          coverage otherwise is achieved. Grass sod shall be clean and
          free of weeds and noxious pests or diseases. Ground cover
          shall be planted in such a manner as to provide 75% complete
          coverage after two growing seasons.

    2. Earth Berms
      Earth berms may be used as physical barriers which block or screen an
      unattractive view. Differences in elevation between areas requiring
      screening does not constitute an earth berm. Earth berms shall be
      constructed of earthen materials and shall conform to the following
      standards:
      1. The maximum side slope shall be three horizontal to one vertical
        (3:1) and the design shall be reviewed by the City Manager to ensure
        that proper erosion prevention and control practices have been
        utilized.
      2. Berms shall be designed with physical variations in height and
        alignment throughout their length.
      3. Landscape plant material installed on berms shall be arranged in an
        irregular pattern to accentuate the physical variation and achieve a
        natural appearance.
      4. The landscape plan shall show sufficient detail, including a plan and
        profile of the earth berm, soil types, and construction techniques to
        demonstrate compliance with the above provisions.
      5. Berms shall be located and designed to minimize the disturbance to
        existing trees located on the site or adjacent thereto.
      6. No part of any earth berm which is elevated more than eighteen
        inches (18") above natural grade shall be located within ten feet (10')
        of any right-of-way or property line.
      7. Grass or ground cover shall be used and maintained to prevent
        erosion of the earth berm.
      8. No berm shall be left unvegetated with appropriate ground cover,
        mulch, turf grass or other suitable landscape material longer than one
        planting season after completion of construction.
      9. Natural surface drainage patterns shall not be adversely affected by
        construction of berms.
      10. No berm shall be used to allow a fence to exceed the maximum
        allowed height of a fence as measured from the natural grade of land
        without the berm.

  17. Maintenance of Landscaping and Bufferyards
    1. All landscaping materials shall be installed and maintained according to
      accepted nursery industry procedures. Such maintenance shall include all
      actions necessary to keep plantings healthy and orderly in appearance and to
      keep walls, fences, and berms in good repair and neat appearance.

    2. Any landscape material that fails to meet the minimum requirements of this
      Section at the time of installation shall be removed and replaced with
      acceptable materials. All unhealthy or dead plant material shall be replaced
      within two years.

  18. Conflicts in Requirements
    When an activity or land use falls under more than one of the bufferyard or
    landscaping requirements as listed in this Code, the most stringent of the
    requirements shall be applied.

  19. Clear Sight Triangles
    To insure that landscape materials do not constitute a driving hazard, a "clear sight
    triangle" shall be observed at all street and access drive intersections. Ground cover
    and trees with at least eight feet of limbless trunk shall be permitted within the sight
    distance triangle. In the case of a city street intersection, the sight triangle shall
    consist of the area between points twenty feet (20') along both intersecting streets
    from their respective edge of pavements. See Figure 18.


  20. Landscaping Credits
    The purpose of landscaping credits is to provide for the opportunity to protect and
    preserve existing trees and established plant material.
    1. Trees
      Credit may be given for preservation of existing Large/Medium/Small
      Deciduous and Evergreen Trees as follows:
      1. Existing healthy trees may be preserved and used to fulfill landscape
        requirements for any required planting provided they are in
        accordance with the standards set forth in this section.
      2. Trees may be credited only one time towards any one bufferyard,
        screen, or other landscape requirements set forth in this section and
        other related sections. Trees must be located within the required
        landscape area in order to be credited.
      3. Trees that conform to these standards and are proposed to be used for
        credit shall have location, species, and DBH or height indicated on
        the required landscape plan.
      4. Trees shall be credited according to the following criteria in the
        quantities shown:
      5. The landscape plan shall indicate the quantities of trees credited and
        illustrate the required surrounding landscape area for each tree
        credited.
      6. If any preserved tree dies within 2 years, one tree of similar size and
        species shall be replaced for each tree credited against such a
        preserved tree.

    2. Shrubs
      Shrubs may be credited on a one-to-one basis towards landscape material
      requirements if the following criteria are met:
      1. Existing healthy shrubs may be used to fulfill landscape requirements
        for any required planting provided they conform to the standards set
        forth in this section.
      2. Shrubs may be credited only one time towards any one required
        bufferyard, or screen.
      3. Shrubs that conform to these standards and are proposed to be used
        for credit shall have location, species, and height indicated on the
        required landscape plan.
      4. If any shrub used for credit dies within one year of plan approval, one
        shrub of similar size and species shall be replaced for each shrub
        credited.

Section 1207.05    Open Space

  1. Purpose
    These regulations are intended to provide park and recreation facilities for the
    community, provide passive and active recreation opportunities, and to preserve open
    space and sensitive natural areas.

  2. Applicability
    1. All plans for residential subdivisions of land or residential land development
      shall provide for private and public open space as provided in this Section.

    2. Exemptions: The following residential subdivisions and developments shall
      be exempt from the public open space dedication and private open space
      requirements set forth in the zone district regulations and this section:
      1. Residential subdivisions or developments of less than 5 residential
        units or lots subdivided or developed within any five (5) year period;
        and
      2. Residential development or subdivisions in District 5 (Village Core)
        consisting of 10 or less dwelling units or lots.

  3. Locational Criteria
    1. All dedications of land for public parks and open space and all set-asides for
      private open space shall be consistent with the criteria and guidelines set
      forth in the following:
      1. The City of Hudson Comprehensive Plan,
      2. The Index of Ecological Integrity Report (ACRT, Inc. 1996); and
      3. Parks and Recreation Plans and policies adopted by the City of
        Hudson.

    2. Where significant natural and scenic resource assets exist on the property, the
      Planning Commission shall, to the maximum extent feasible, give priority to
      their preservation through the park and open space dedication requirements
      or set aside requirements set forth in the applicable zone district regulations.
      The Planning Commission shall use the Index of Ecological Integrity Report
      (ACRT, Inc., 1996) and other applicable plans and reports, and may also
      seek the recommendation of the Park Board, to determine whether significant
      natural resources exist on a proposed site that should be protected through the
      dedication and set-aside requirements, with priority being given to the
      following sensitive areas (which are not listed in any particular priority
      order):
      1. Riparian Corridors
      2. Wetlands
      3. Floodplains
      4. Aquifer Recharge Areas
      5. Wildlife Migration Corridors
      6. Endangered Wildlife/ Plant Habitat Areas
      7. Extensive Tree Canopy Areas
      8. Scenic View Areas
      9. Agricultural Land
      10. Old Growth Forest

    3. Dedications for public open space and parks shall be at locations deemed
      appropriate by the Planning Commission, with advice from the Park Board.
      If a specific site has been designated on any applicable park or open space
      plan for future park, open space, or trail purposes, the preliminary or final
      subdivision plan shall show the dedications of land in a location that
      corresponds to the plan designation.

    4. The following shall not be counted towards public park and open space
      dedication and private open space set aside requirements:
      1. Private yards;
      2. Street rights-of-way;
      3. Open parking areas and driveways for dwellings;
      4. Land covered by structures; and
      5. Detention/ retention ponds, except that detention or retention areas
        and storm water management structures or facilities may be included
        in calculating the amount of open space required provided that such
        areas or facilities are accessible and usable as community amenities
        by the public or the residents of the development (e.g., picnic areas,
        playgrounds, ponds for fishing and /or boating, etc.).

  4. Amount of Public Open Space Dedication
    1. For final subdivision plats or plans, dedication of usable public open space,
      including parks and multi-purpose trails, shall be made in an amount roughly
      proportional to the need or demand generated by the proposed development.
      The following minimum standards shall apply unless the applicant
      demonstrates that the demand created by the development is less than such
      requirements due to unique factors such as the age of the occupants of the
      development or uses proposed:
      1. 10 acres of community park land per 1,000 residents of a
        development or proportional fraction thereof;
      2. 6 acres of passive open space per 1,000 residents of a development or
        proportional fraction thereof; and
      3. 3 acres of neighborhood parks per 1,000 residents of a development
        or proportional fraction thereof.

    2. Land dedicated for multi-purpose trails to satisfy these requirements in whole
      or in part shall be in accord with the park plan contained in the City of
      Hudson Comprehensive Plan or other subsequently adopted neighborhood or
      city wide comprehensive plans.

    3. For purposes of this subsection, a housing unit shall be assumed to contain
      3.1 persons per single-family residence or 1.8 persons per multi-family
      residence.

  5. Payment of Funds-In-Lieu of Park and Open Space Dedication
    1. The Planning Commission may allow the developer to contribute funds inlieu
      of land dedication at its sole discretion.

    2. For purposes of determining the value of land for fees contributed in-lieu of
      dedication, the value shall be based upon the fair market value per acre of the
      entire land being subdivided multiplied by the total acreage of land
      dedication required by this Code. Such value shall be determined as of the
      date of the filing of the subdivision or development plan with the Planning
      Commission.

  6. Parkland and Open Space Acquisition Fund
    All fees paid by the developer in lieu of dedication of public park and open space
    land shall be paid to the City of Hudson and upon receipt shall be deposited in a
    separate interest bearing account kept specifically for public park and open space
    funding purposes.

  7. Amount of Set-Asides for Private Open Space
    The amount of land required to be set-aside to provide private open space for the use
    and enjoyment of a development's residents as set forth in Chapter 1205 of this Code
    for each of the zone districts.

  8. General Design Criteria
    Land set aside for public and private park and open space uses shall meet the
    following design criteria, as relevant:
    1. The park and open space land shall be reasonably located to serve all of the
      residents of the subdivision or land development.

    2. The park and open space land shall be compact and contiguous unless the
      land shall be used as a continuation of an existing trail or linear park or
      specific topographic features require a different configuration. An example
      of such topographic features would be the provision of open space along a
      scenic creek.

    3. At the discretion of the Planning Commission, when the park and open space
      land required to be dedicated or set aside is less than 3 acres in size, the park
      and open space land may be located at a suitable place on the periphery of the
      subdivision or land development so a more usable tract will result when
      additional park and open space land is obtained or set aside when adjacent
      land is developed.

    4. When public park and open space land exists adjacent to the tract to be
      subdivided or developed, the park and open space land shall, to the maximum
      extent feasible, be located to adjoin and enlarge the presently existing park
      and open space land.

    5. If the developer is planning to construct recreational facilities on the
      dedicated or set-aside property as an amenity for the residents of the
      development, such recreational facilities shall be constructed in accordance
      with current recommendations of the National Recreation and Parks
      Association.

  9. Trails and Linear Parks
    The Planning Commission may require as a condition of final subdivision plat
    approval the dedication and improvement of multi-purpose trails and linear parks,
    which shall be credited toward all applicable public park and open space land
    dedication requirements, provided that such trails and linear parks meet the following
    standards:
    1. Dedications of land shall be a minimum width of 18 feet; and

    2. The multi-purpose trail or linear park shall conform to any Park and
      Recreation Plan adopted by the City of Hudson, if applicable.

  10. Provisions for Ownership
    The Planning Commission, with advice from the Park Board, will review and
    recommend the form of ownership being proposed. All park and open space land
    shall be utilized only for non-commercial passive or active recreation or for
    conservation purposes, shall be permanently reserved as open space in a manner
    satisfactory to the City and at no cost to the City, and shall be either:
    1. Dedicated to a public entity, subject to the entity's acceptance; or

    2. Owned jointly or in common by the owners; or

    3. Owned by a non-profit land trust or similar organization approved by the
      City, such as the Hudson Land Conservancy.

  11. Maintenance
    The owner of the development property will be responsible for maintenance of all
    open space and parks, unless dedicated to a public entity. A homeowner association
    may be established for the purpose of permanently maintaining all open space and
    non-commercial recreation facilities. Such homeowner association agreements,
    guaranteeing continuing maintenance, and giving lien to the City in the event of lack
    of such maintenance, shall be submitted to the Planning Commission for approval
    prior to the issuance of any final subdivision plat approvals or other development
    approvals. See also Section 1208.13, "Homeowner Associations."

Section 1207.06    Open Space Conservation Subdivisions

  1. Purpose
    The purpose of the Open Space Conservation Subdivision option is to provide
    alternative zoning regulations that permit residential development to take a more
    compact form in order to preserve and maintain existing open areas and sensitive
    natural resources. The Open Space Conservation Subdivision regulations are
    designed to advance the following goals:
    1. Preserve open space in amounts that are greater than that achievable with
      more conventional subdivision design in order to provide a more
      environmentally sensitive residential development by preserving the natural
      character of open fields, farmland, stands of trees, ponds, streams, native vegetation,
      and similar natural features;

    2. Reduce the lot area, yard, and setback requirement of the base zoning district
      in order to permit the grouping or clustering of dwelling units; and

    3. To allow a more flexible and economical residential layout and street design
      to provide a more efficient and aesthetic use of open space, and to save
      infrastructure costs.

  2. Applicability
    Open Space Conservation Subdivisions shall be permitted as an option within the
    following Zoning Districts:
    1. District 1 - Suburban Residential Neighborhood.
    2. District 2 - Rural Residential Conservation.
    3. District 3 - Outer Village Residential Neighborhood.
    4. District 10 - Ravenna Road Mixed Use Corridor.

  3. Permitted Uses
    In addition to conservation, agricultural, and non-commercial recreational uses,
    permitted uses in an Open Space Conservation Subdivision shall include the
    residential uses as provided in the applicable Zone District.

  4. Minimum Parcel Size
    1. Districts 1 and 3: Subject to the provisions set forth herein, Open Space
      Conservation Subdivisions shall be permitted only on sites containing an area
      of ten (10) or more acres

    2. Districts 2 and 10: Subject to the provisions set forth herein, Open Space
      Conservation Subdivisions shall be permitted only on sites containing an area
      of ten (10) or more acres as of the effective date of this Code.

  5. Lot Dimensions
    To protect surrounding uses and to ensure that Open Space Conservation Subdivision
    is compatible, the following standards apply in lieu of relevant Zone District
    standards.
    1. Minimum Lot Area and Width:
      1. Minimum lot area: 6,000 square feet (Districts 1 and 3)
        10,000 square feet (Districts 2 and 10)
      2. Minimum lot width: 60 feet (Districts 1 and 3)
        100 feet (Districts 2 and 10)
      3. Minimum lot width: 80 feet (Districts 1 and 3)
        (Corner lots)

    2. Setbacks
      1. Intent: The intent of the following setback requirements is to
        establish uniform building setbacks within an Open Space
        Conservation Subdivision, especially uniform front yard setbacks, in
        order to produce building/street patterns that evoke the character of
        small rural villages.
      2. Case-by-case determination: Building setbacks, yard requirements
        and maximum impervious area for lots within an Open Space
        Conservation Subdivision in these districts shall be determined on a
        case-by-case basis by the City Manager and PC during the
        subdivision approval process or the site plan approval process. All
        determinations of setbacks and yard requirements shall use as a
        starting point the minimum setbacks set forth in subsection (C)
        below, which may be modified to meet the criteria set forth in
        1207.01, "Maximum Impervious Surface Coverage."
      3. Recommended Building/Yard Setbacks for Open Space Conservation
        Subdivision Lots:
        1. Minimum Front Yard Setback: 20 feet.
        2. Minimum Side Yard Setback: 10 feet.
        3. Minimum Rear Yard Setback (Principal Structure): 25 feet.
        4. Minimum Rear Yard Setback (Accessory Structure): 10 feet
          for accessory private garages; 5 feet for all other accessory
          structures.
        5. Perimeter Setback: Buildings shall be setback at least 100 feet
          from the perimeter property line of the subdivision.

  6. Bufferyard Requirement for Open Space Conservation Subdivisions Fronting
    Arterials
    Open Space Conservation Subdivisions developments fronting an arterial road or
    street shall establish a landscaped bufferyard with a minimum width of 100 feet
    along the boundary fronting the arterial street or road, unless the Planning
    Commission determines that a less wide bufferyard is compatible with existing
    development patterns in the surrounding community. See Section 1207.04(l) for
    landscaping requirements for this bufferyard.

  7. Density for Open Space Conservation Subdivisions
    1. Base Density. The overall density of an Open Space Conservation
      Subdivision shall be based on the specific density prescribed by the base
      underlying zoning district as provided in Chapter 1205, "Zoning District and
      Use Regulations."

    2. If an Open Space Conservation Subdivision is in more than one zone district,
      the number of allowable dwelling units must be separately calculated for
      each portion of the subdivision that is in a separate zone district, and must
      then be combined to determine the number of dwelling units allowed in the
      entire subdivision.

    3. Density Bonuses. Except for Open Space Conservation Subdivisions within
      District 2 (Rural Residential Conservation District) and District 10 (Ravenna
      Road Mixed Use Corridor District), density may be increased above the
      maximum amount allowable in the Zone District within each category as
      stipulated below. However, the density in the subdivision shall not exceed
      by more than 25 percent the maximum density permitted in the zone
      district(s) in which the subdivision is located. Density increases may be
      authorized by the Planning Commission as follows:
      1. A 5% increase of density for every 10% increase in park or open
        space over the required minimums set forth below. The type and
        location of additional open space must be approved by the Planning
        Commission.
      2. A maximum 10% increase in density for dedicating recreation
        facilities that represent an addition to what is otherwise required by
        this Code. These recreational facilities must be provided for the
        general public and approved by the Park Board and may be facilities
        such as follows: equipped playgrounds, sports playfields, finished
        multi-purpose trail surfaces, etc.

    4. Review Criteria for Approval of Density Bonuses: The Planning Commission
      may approve a request for a density bonus within an Open Space
      Conservation Subdivision provided it finds that:
      1. The Open Space Conservation Subdivision proposal, taking into
        account the bonus density, meets all the standards set forth in
        subsection (i) below;
      2. The proposal, taking into account the bonus density, will enhance the
        surrounding community; and
      3. The proposal, taking into account the bonus density, will have no
        adverse impact on adjacent properties or development, or the
        applicant has agreed to adopt appropriate mitigation measures, such
        as additional or heightened landscaping, screening, exterior lighting
        standards, and other design features as recommended by the City
        Manager during the site plan review process to buffer and protect
        adjacent properties from the proposed development.

  8. Open Space
    1. A minimum of 50% of the gross acreage in an Open Space Conservation

    2. Subdivision shall be retained as open space.

    3. The open space may be of two types:
      1. Private open space; or
      2. Public open space, which shall be lands within the Open Space
        Conservation Subdivision deeded to the City, or to another entity
        acceptable to the City, for use and maintenance as permanent open
        space.

    4. This 50% open space requirement shall be credited towards the open space
      dedication and set aside requirements set forth in this Code, as applicable.

    5. See Section 1207.05, "Open Space," for open space standards and criteria,
      including locational and design criteria.

  9. Standards for Open Space Conservation Subdivision Approval
    Open Space Conservation Subdivisions are intended to result in environmentally
    sensitive and innovative design appropriate for and tailored to the site. Toward that
    end, all Open Space Conservation Subdivisions shall comply with the following
    standards:
    1. Compliance with all other applicable use and development standards,
      including adequate public facility and performance standards, as set forth in
      this Code.

    2. Preservation of significant natural resources, natural areas and features,
      native vegetation, riparian corridors, wetlands, significant wildlife habitats,
      open lands, or agricultural property through maintenance of large, contiguous
      blocks of land and other techniques.

    3. Provision of additional amenities such as parks, trails, common areas, and
      access to public recreational areas and open space.

    4. Protection of adjacent residential development through landscaping,
      screening, fencing, buffering, and similar measures. See Section 1207.04(e)
      for required type of landscaped bufferyards between Open Space
      Conservation Subdivisions and other land uses.

    5. Adequate utility services must be available to the property.

Section 1207.07    Stormwater Management/Drainage/Erosion Control

  1. Purposes
    The purposes of this section are to protect existing properties by controlling the
    water runoff from development areas, to protect the environmental integrity of the
    existing wetlands, to preserve the water quality of Hudson’s wellhead protection
    areas, to implement water quality studies for the Mudbrook/Powers Book,
    Brandywine Creek, and Tinkers Creek watersheds, and to provide minimum design
    standards for storm water management facilities.

  2. Applicability
    Storm water retention/detention applies to all development in the City of Hudson
    except “Minor Development” as defined in Section 1203.09(d), Site Plan Review.

  3. General Criteria
    The City of Hudson Engineering Standards for Infrastructure Construction are the
    accepted design and construction specifications for storm water management
    facilities in the City. All provisions in the Engineering Standards shall be applicable
    to all development in the City of Hudson, Ohio.

  4. Additional Regulations
    1. In addition to the requirements of the Engineering Standards for
      Infrastructure Construction, the following additional regulations shall be
      adhered to:
      1. Retention/Detention Basins
        Developers constructing detention basins are encouraged to design
        them for use as neighborhood open space and recreation components
        and to consider designs based on Summit County Soil and Water
        Conservation District recommendations or guidelines from the Center
        for Watershed Protection. Adequate signage declaring the intended
        use of the basin shall be conspicuously displayed along with
        appropriate warnings about storms. All such signs shall be approved
        by the City.
      2. To the maximum extent feasible, the applicant’s storm water
        management plan shall include the following non-structural control
        techniques. Where the applicant proposes the use of detention/
        retention facilities, he must first utilize one or more of the following
        runoff reduction measures. The applicant shall provide a written
        justification of the utilization of the following in calculating storage
        capacities of the detention/retention facilities:
        1. Areas undisturbed (cleared) by construction;
        2. Restriction of development on steep slopes;
        3. Maintenance of vegetation buffers;
        4. Minimization of impervious surfaces and use of pervious
          surfaces;
      3. Use of terraces, contoured landscapes, tiered pond systems, runoff
        spreaders, grass or rock-lined waterways; and/or
      4. Use of infiltration trenches.
      5. Other techniques appropriate to the site as recommended by the City
        Community Development Staff.

    2. Wetlands may be considered for use in reducing storm water runoff using the
      following criteria:
      1. No existing or proposed structure shall be affected due to flooding
        during the post-development 25, 50, or 100-year storm.
      2. No adverse impact will occur on existing vegetation within the
        wetland.
      3. The use of a modified level spreader as defined in the City of Hudson
        Design Specifications is required at all storm water outlets to the
        wetland.
      4. The City may request further study parameters of the wetland if
        additional concerns are raised.
      5. Exception: Wetlands located in the City of Hudson’s mapped
        Wellhead Protection Areas shall not be used for the purposes of
        reducing storm water runoff.
      6. The written approval of the Army Corps of Engineers and/or the Ohio
        Environmental Protection Agency is required.

    3. Channels, Swales, and Ditches
      Channels, swales, and ditches are not permitted as part of the primary storm
      water management system in any new development, except as provided
      below. Due to topography or other reasons approved by the City Engineer, swales or
      ditches between buildings are permitted to carry storm water to an
      underground system.
      1. Storm water from no more than one (1) acre of residential
        development or a (one-half) ½ acre area in commercial,
        industrial, or retail districts shall be transported on the surface
        before being intercepted by an underground drainage system.

    4. Erosion and Sediment Control
      Storm Water Pollution Prevention Plans are required for the purpose of
      controlling the pollution of public waters by sediment from accelerated
      soil erosion and accelerated storm water runoff caused by earth disturbing
      activities and land use changes connected with developing urban areas.

    5. Plat Notes
      A note shall be added to all final plats indicating that the
      detention/retention facilities shall be owned and maintained by the
      property owner or homeowners/condominium association as appropriate.
      The note should also indicate that the City of Hudson reserves the right to
      assess the responsible entity for any necessary maintenance and/or
      improvements that must be performed by the City.

Section 1207.08    Wellhead Protection Area Standards

Designation of Wellhead Protection Areas and Adoption of Official Map
The boundaries of all wellhead protection areas in the City of Hudson are shown on a
map entitled "City of Hudson, Ohio, Wellhead Protection Areas Map." This map,
together with all notations, references, and other information shown thereon, is
hereby adopted by reference and declared to be a part of this Code as if set forth
herein. Original copies of the Wellhead Protection Areas Map and all amendments
thereto shall be maintained in the office of Community Development. In case of any
dispute regarding the classification of any property within a designated wellhead
protection area subject to this section, the original maps maintained by the office of
Community Development shall control.

  1. Prohibited Uses and Activities
    Notwithstanding any allowance for such uses or activities within Chapter 1205,
    "Zoning Districts," the following uses and activities shall be prohibited within the
    designated 5-year time-of-travel wellhead protection areas:
    1. All agricultural, commercial, retail, or industrial uses;

    2. All institutional/civic/public uses, including solid waste disposal facilities,
      but not including passive recreational or natural open space systems,
      including trails;

    3. All golf course uses (public or private);

    4. Individual on-lot sewage systems, including septic systems, dry wells, and
      package plants;

    5. Other prohibited activities:
      1. Use of regulated or unregulated hazardous materials, in an amount
        defined by the Ohio Environmental Protection Agency as constituting
        a medium to high pollution risk for wellhead protection purposes;
      2. Use of above or below ground storage tanks (flammable, toxics,
        petroleum products, and other chemicals); and
      3. Any other uses or activities listed by the Ohio Environmental
        Protection Agency, as part of the agency's Ohio Wellhead Protection
        Program, that fall within Category I, "Medium to High Pollution
        Risk," or Category II, "Medium Pollution List."

  2. Lot Coverage
    Within a wellhead protection area, lot coverage by principal and accessory structures
    and buildings, parking areas, driveways, and other impervious surfaces shall be
    minimized to the maximum extent feasible.

Section 1207.09    Utilities

[RESERVED FOR FUTURE USE]
IN DISTRICT 2, THE ADOPTED ENGINEERING STANDARDS FOR INFRASTRUCTURE
CONSTRUCTION WITH RESPECT TO CURBS AND STREET LIGHTING OF PUBLIC
STREETS AS REQUIREMENTS OF NEW DEVELOPMENT ARE SUBJECT TO SECTION
1203.07 "VARIANCES" OF THIS CODE.

Section 1207.10    Performance Standards

In addition to any standards required in the underlying districts, all developments shall meet the
following performance standards:

  1. Noise/Hours of Operation
    1. Applicability. The following noise standards are in addition to, and shall supplement, noise standards found at Section 648.14 of the City's General Offenses Code.

    2. General Standard: No activity or operation within the city shall exceed the maximum permitted sound levels db(A) as set forth below at the property line of the receiving premises, except as provided in this section:


    3. Additional Standards for Specific Operations and Activities
      1. Refuse Collection/Loading. No person shall engage in waste disposal services or refuse loading and collection or operate any compacting equipment or similar mechanical device in any manner so as to create any noise exceeding the standards set forth above when measured at a distance of fifty (50) feet from the equipment when inside of or within five hundred feet of a residential zone. No refuse loading or collection shall take place between the hours of 6:00 p.m. and 7:00 a.m.
      2. Truck/Rail Loading. No truck or rail loading or unloading shall be allowed within 250 feet of a residential lot between the hours of 10:00 p.m. and 6:00 a.m.
      3. Animals. No owner, keeper, or harborer of any animal shall permit such animal to continuously or frequently bark, howl, or emit other audible sounds that create offensive noise to the annoyance or discomfort of any person of ordinary sensibilities occupying any premises within one-thousand (1,000) feet of the animal.
      4. Homeowners' Outdoor Equipment.
        1. No person shall operate engine or motor-powered lawn or maintenance tools intended for use in residential areas such as power mowers, garden tools, riding tractors, power saws, edgers, and similar equipment, that would create a noise that exceeds the fixed source standards set forth above except between the hours of 7:00 a.m. and 10:00 p.m.
        2. Where applicable, homeowners' outdoor equipment shall have mufflers that are kept in good working condition.
        3. Snow blowers and snow plows are exempted from time requirements of this section when necessary to remove ice and snow.
      5. Construction. No person shall use any pile driver, shovel, hammer derrick, hoist tractor, roller, or other mechanical apparatus operated by fuel or electric power in building or construction operations between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday or before 9:00 a.m. on Sunday within a residential area, or within 500 feet of a school, except for temporary conditions approved by the City Manager.
      6. New Construction or Additions. All new construction or additions in excess of 5,000 square feet that are planned to house any stationary machinery, device, or equipment that will create noise that exceeds 60 db(A) shall be reviewed to ensure that noise mitigation measures such as building noise attenuation and insulation, siting modifications, berms, barriers, and other measures are utilized to effect noise level reductions up to 15 db(A) more than normal construction or to 55 db(A) at the property line abutting any residential development, whichever will result in the lower expenditure for the applicant.

    4. Exemptions.
      The following operations and activities are exempted from the limitations of this section:
      1. Warning or alarm devices that have the purpose of signaling unsafe or dangerous situations or calling for police.
      2. Noises resulting from authorized public activities such as parades, fireworks displays, sports events, musical productions, and other activities that have the approval of the City Manager or City Council.

  2. Vibrations
    No activity or operation shall cause or create earthborne vibrations in excess of the displacement values set forth below on or beyond any abutting parcel zoned for residential, commercial, institutional, or industrial use or shall cause any inherent or recurring generated vibration perceptible without instruments at any point along the property line on which the vibration source is located.

    Note: Nighttime limits shall be considered to prevail from 10:00 PM to 7:00 AM

  3. Odors
    No person or business shall cause or allow the emission of odorous air contaminants from any source that results in detectable odors that are measured in excess of the following limits:
    1. For areas used predominantly for residential purposes, it is a violation if odors are detected after the odorous air has been diluted with seven (7) or more volumes of odor-free air.1

    2. No violation shall occur provided that the person or business causing or allowing the emission of odorous air contaminants is employing the best available treatment, maintenance, and control currently available to maintain the lowest possible emission of odorous gases.

  4. Air Quality/Emissions
    1. To minimize off-site fugitive emissions, trucks carrying dry bulk materials are to be fully enclosed, or the cargo is to be enclosed within canvases, tarpaulins, or other method of confinement that fully covers the payload area of the truck. Alternatively, a crusting agent may be used to cover the cargo.

    2. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred or transported off the lot by natural causes or forces.

  5. Hazardous Waste/Materials
    1. All hazardous materials or wastes that might cause fumes or waste or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers.

    2. No hazardous materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred or transported off the lot by natural causes or forces.

    3. No outdoor storage of any extremely hazardous substances as defined by the United States Environmental Protection Agency in 40 CFR 355 (Appendix
      1. in excess of the threshold planning quantities set forth therein shall be permitted within 500 feet of any residential structure.

    4. If the proposed uses or tenants of a facility, building, or project are known to use or store hazardous materials or wastes onsite in excess of the amounts set forth in UFC Article 4.108, the applicant shall prepare at the direction of the City Fire Chief, a hazardous materials impact analysis that:
      1. Assesses potential off-site impacts and appropriate mitigation procedures and precautions; and
      2. Examines methods to reduce the use and storage of hazardous materials and the production of hazardous wastes at the site.

  6. Glare or Heat
    If the proposed activity or operation produces intense glare or heat, whether direct or reflected, that is perceptible from any point along the development's property lines, the operation shall be conducted within an enclosed building or with other effective screening sufficient to make such glare or heat imperceptible at the property line.

  7. Operational/Physical Compatibility
    The following conditions may be imposed upon the approval of any development to ensure that it is compatible with existing uses, including but not limited to, restrictions on:
    1. Hours of operation and deliveries;

    2. Location on a site of activities that generate potential adverse impacts on adjacent uses such as noise and glare;

    3. Placement of trash receptacles;

    4. Location of loading and delivery areas;

    5. Light intensity and hours of full illumination;

    6. Placement and illumination of outdoor activity areas and equipment, including vending machines.

 

 

 

1 The most widely used technique is the American Society of Testing Materials method using a syringe for making multiple dilutions and then determining if the odor is detectable once diluted. A scentometer measures the odor threshold. Air is drawn through carbon filters to produce odor free air, and mixed with a known amount of odorous gas. A limitation of this approach is that it assumes that equal amounts of all odors are
equally objectionable--in other words, it focuses on quantity, not quality. A good discussion of odor pollution can be found in Frank L. Cross, Jr., Air Pollution Odor Control Primer (1973).

Section 1207.11    Adequate Public Facilities

  1. Purpose
    The purpose of this section is to establish minimum standards that ensure that public
    facilities and services needed to support development are available concurrently with
    the impacts of such development.

  2. General Standards
    The applicant shall demonstrate that the following adequate public facilities are or
    will be available to serve the proposed development at the time of occupancy,
    including but not limited to:
    1. Water/Wastewater:
      1. Development shall be served by and utilize public water and public
        sewer systems. However, development of platted lots in a residential
        subdivision in District 2 is exempt from this requirement if the public
        utility is not within 1000 feet of the subject property. If utilities are
        not utilized, or in the case of District 2 and utilities are present within
        1000 feet, the development shall not be approved.
      2. An individual lot existing prior to January 2000 that has not been
        improved with a residential structure may be serviced by a water well
        and/or septic-type system where approved by the Summit County
        Health Department, and the lot shall meet all of the following criteria:
        1. The lot is within a platted subdivision, such subdivision and
          the respective subdivision phase is substantially built out and
          public water and/or public sewer were not otherwise required
          by the subdivision approval.
        2. The lot is located more than four hundred (400) feet from
          existing public water and/or sewer lines; and
        3. The lot contains soils suitable for on-site septic systems, and
          the proposed septic system complies with all applicable
          health and water quality requirements and regulations.
      3. Lots that are exempted from connection to public utilities by this
        Section, shall be required to utilize and tap into public utilities at such
        future time when they are extended to, or otherwise are available and
        abut the subject property.

    2. Open Space/Parks: For final subdivision plats or plans, dedication of usable
      public open space including parks and multi-purpose trails roughly
      proportional to the need or demand generated by the proposed development.
      See Section 1207.05, "Open Space," for applicable standards and criteria.

    3. Transportation:
      1. All developments that are required to prepare a traffic impact study
        shall demonstrate compliance with the following transportation level
        of service standards. (See also Section 1207.13, "Traffic Impact
        Studies")
        1. Existing levels of service at peak hour are maintained on all
          arterial and collector roads and at all intersections within onefourth
          (3) mile of the site or that such level service shall not
          fall below Level of Service (LOS) C as outlined in the
          Transportation Network Traffic Model Analysis dated
          November 4, 1996, or otherwise recommended pursuant to a
          traffic corridor study adopted by the City of Hudson.
        2. However, if the LOS on streets adjacent to the site or within
          one-fourth (3) mile thereof is currently below LOS C, then
          the applicant shall demonstrate that the LOS will not fall
          below the current level.
      2. All developments required to prepare a traffic impact study shall also
        provide an overall access management plan that demonstrates freeflowing
        access to the site and avoids unsafe congestion conditions on
        adjacent public roads and streets.
      3. The Planning Commission may waive these requirements upon a
        showing by the applicant that the impact of the proposed
        development on roads and intersections will be de minimis.

Section 1207.12    Off-Street Parking and Loading Requirements

  1. Purpose
    The purpose of this section is to prevent or alleviate the congestion of public streets,
    to minimize any detrimental effects of vehicular use areas on adjacent properties, to
    enhance vehicular use areas with landscape elements, and to promote the safety and
    welfare of the public.

  2. Applicability
    Any building, structure or use of land, when erected or enlarged, shall provide for
    off-street parking and loading spaces for vehicles in accordance with the following
    provisions except as set forth in (D) below:
    1. A parking and loading plan shall be required for all uses except single family
      detached dwellings and two family dwellings. The parking and loading plan
      shall be submitted to the City as part of the application for site plan review.

    2. Whenever a building or use constructed or established after the effective date
      of this Code is changed or enlarged in floor area, number of employees,
      number of dwelling units, seating capacity, or otherwise such as to create a
      need for an increase of ten (10) percent or more in the number of existing
      parking spaces, such spaces shall be provided on the basis of the enlargement
      or change.

    3. Whenever a building or use existing prior to the effective date of this Code is
      enlarged to the extent of fifty (50) percent or more in floor area or in the area
      used, then the vehicular use area shall comply with the off-street parking
      requirements as set forth in this Section.

    4. Until an overall parking plan is completed for the Downtown Development
      District (as defined by the boundaries of Owen Brown Street, Main Street
      and Morse Streets), parking needs for all development in the Downtown
      Development District will be reviewed on a case-by-case basis.

  3. Plan Elements
    The parking and loading plan shall show the following:
    1. Boundaries of the property;
    2. Number of parking spaces;
    3. The arrangement of parking aisles;
    4. The location of driveway entrances;
    5. Provisions for vehicular and pedestrian circulation;
    6. The location of sidewalks, wheel stops, lighting and curbs on or adjacent to
      the property;
    7. The location of utilities, barriers, shelters, signs, boundary walls, and fences;
    8. The location of landscaping in parking area and the types and location of
      vegetation to be planted;
    9. Typical cross sections of pavement, and storm water drainage facilities; and
    10. Other information as set forth in Appendix A or as requested by the
      Community Development Department.

      See Section 1207.04(m), "Landscaping/Bufferyards" for parking area landscaping
      requirements.

  4. General Design Standards
    All parking and loading plans shall meet the following standards:
    1. Parking lots shall be developed in accordance with all District regulations
      established for the Zoning District in which the parking is located.

    2. Parking areas shall be treated to minimize the visual impact of parked cars as
      viewed from the public right-of-way and adjacent properties through the use
      of plantings and earth berms.

    3. Buildings shall be set back from the edge of parking areas to provide for a
      sidewalk and landscape treatment in front of the building.

    4. Where a sidewalk exists in a public right-of-way adjacent to a site, or is
      required to be constructed as part of development approval, a pedestrian
      connection shall be constructed from the building to the sidewalk in
      compliance with standards set forth in the Americans With Disabilities Act.

    5. Driveways shall not be used as points of ingress and egress for individual
      parking spaces. Driveways shall be placed such that loading and unloading
      activities will not hinder vehicular ingress or egress. To the maximum extent
      feasible, provisions for circulation between adjacent parcels shall be provided
      through coordinated or joint parking systems to minimize curb cuts along the
      street. (See Subsection (h) below.)

    6. Curb definitions shall be maintained, prohibiting continuous access along the
      frontage of the site.

  5. Computation of Required Parking Spaces
    In computing the number of parking spaces required by this section, the following
    shall apply:
    1. Where building floor area is designated as the standard for determining
      parking space requirements, floor area shall be the sum of the gross leasable
      horizontal area of all floors of a non-residential building.

    2. Fractional numbers shall be increased to the next highest whole number.

    3. Parking space requirements for a use not specifically mentioned in this Code
      shall be determined by using the most similar and restrictive parking space
      requirements as approved by the City Manager.

    4. When building floor area is designated as the standard for determining
      parking space requirements and the resulting number of parking spaces is less
      than the minimum standard, at least one off-street parking space shall be
      provided on the premises.

    5. Landbanking of parking area for potential future use is encouraged.

  6. Parking Space Requirements
    1. Minimum Parking Space Requirements. For the purpose of this Code, in
      establishing minimum off-street parking requirements, the Planning
      Commission may utilize the requirements set forth below or the requirements
      set forth in the Parking Generation Manual (Institute of Transportation
      Engineers, 2nd Edition). The method of calculating off-street parking
      requirements shall be established by the City Manager during initial review
      of a development application.

      Automotive Repair Services

      Two spaces for each service bay, plus one
      space per employee.
      Automotive Service Stations

      One space per fuel pump, plus one space for
      each 1.5 employees.
      Automotive Dealers

      One space for each 400 square feet of floor
      area plus one (1) for each employee.
      Banks and other Financial




      One space for each 400 square feet of floor
      Institution area plus sufficient stacking space
      at drive-up facilities to accommodate the
      number of automobiles equal to five times the
      number of teller windows.
      Bars/Taverns

      One space for each 100 square feet of floor
      area.
      Bed and Breakfast Inn

      One space for each guest room plus two
      spaces for the permanent residence.
      Car Wash Facilities


      Automobile car washes shall provide
      sufficient stacking spaces for four vehicles per
      bay, and one space per employee.
      Commercial Nursery
      or Greenhouse
      One space per 1,000 square feet of floor
      area plus one space per 2,000 square feet
      of land area.
      Commercial School/
      Artist Studio
      One space per 300 square feet of floor area.

      Contractor Yard

      One space for each 1,000 square feet of floor
      area plus one space for each facility vehicle.
      Convalescent Care Facility/
      Assisted Living
      One space for every six (6) beds plus one
      space for every two (2) employees.
      Convenience Store

      One space for each 200 square feet of floor
      area.
      Convention or Conference
      Center
      One space for each 3 (three) seats.

      Day Care Center

      One space for each 500 square feet of floor
      area plus one space for each employee.
      Elementary and Middle
      Schools


      Two spaces per classroom, plus one space
      for every 3 (three) seats in the largest
      assembly hall.
       
      Entertainment & amusement
      facilities, indoors


      One space for each three seats or one space
      for each 200 feet of floor area, whichever is
      greater.
       
      Funeral Home
      Four spaces per 300 square feet of floor area.
      Golf Course

      One space per two employees, plus three per
      golf hole.
      Group Home One space for each four beds.
      High Schools


      One space per 2 (two) teachers, employees,
      and administrators, plus one space per 10 (ten)
      students.
      Hospitals
      One space for each two beds.
      Industrial/Manufacturing

      One space for each employee on the shift with
      the highest number of employees.
      Lodging


      One space for each sleeping room plus one
      space for each 400 square feet of public
      meeting area and/or restaurant space.
      Medical Clinics

      One space for each 100 square feet of floor
      area.
      Office




      One space for each 400 square feet of floor
      area as the minimum parking space
      requirement and one space for each 250
      square feet of floor area as the maximum
      permitted parking.
      Personal and Business
      Services
      One space for each 200 square feet of floor
      area.
      Printing and Related Trades

      One space for each 500 square feet of floor
      area.
      Private Member Recreation
      Facility or Club

      One space per 200 square feet of floor area
      or one space for each four seats, whichever is
      greater.
      Public Buildings

      One space for each 200 square feet of floor
      area.
      Recording, Radio, or TV
      Studios
      One space per 400 square feet of floor area.

      Recreational, Non-

      One space for each 2 participants at maximum
      Commercial utilization.
      Recreational, Commercial
      One space for each 3 persons at capacity.
      Religious Places of Worship

      One space for each four seats in the place of
      assembly.
      Residential, Multi-Family
      Two spaces for each dwelling unit.
      Residential, Single Family
      Two spaces for each dwelling unit.
      Residential, Two Family
      Two spaces for each dwelling unit.
      Research and Development
      Laboratories
      One space for each 500 square feet of
      floor area.
      Restaurants

      One space for each two seats of seating
      capacity.
      Retail Business

      One space for each 250 square feet of floor
      area.
      Shopping Center

      One space for each 250 square feet of floor
      area.
      Skating Rink

      One space per each 200 square feet of floor
      area.
      Swimming Club

      One space for each 300 square feet of pool
      and promenade area.
      Theaters

      One space for each three (3) seats plus one for
      each two employees.
      Veterinarian Facility
      Four spaces for each examination room.
      Warehousing
      One space for each 1,000 square feet
















       
























       














       


       







































































    2. These minimum requirements are also the maximum requirements, unless the
      applicant shows extraordinary circumstances that necessitate additional
      parking beyond these maximums or as permitted above.

  7. Location of Required Parking Spaces
    1. Off-Street Parking. Required off-street parking spaces for any use shall be
      located on the same parcel as the use they are intended to serve, except where
      these regulations allow shared parking between uses on different lots
      pursuant to subsection (h) below.

    2. Residential Parking No residential parking area shall be utilized for
      commercial vehicle parking.

    3. Parking of Inoperable or Abandoned Vehicles. The parking or storage of
      inoperable, abandoned, or unlicenced vehicles is prohibited outdoors in all
      zone districts.

  8. Joint or Collective Parking Facilities
    Shared parking facilities are strongly encouraged (see Figure 21) and are permitted if
    multiple uses cooperatively establish and operate the facilities and if these uses
    generate parking demands primarily during hours when the remaining uses are not in
    operation. (For example, if one use operates during evenings or week days only.)
    The applicant shall have the burden of proof for a reduction in the total number of
    required off-street parking spaces, and documentation shall be submitted
    substantiating their reasons for the requested parking reduction. Shared parking may
    be approved if:
    1. A sufficient number of spaces are provided to meet the highest demand of
      the participating uses;

    2. Evidence to the satisfaction of the Planning Commission, has been submitted
      by the parties operating the shared parking facility, describing the nature of
      the uses and the times when the uses operate so as to demonstrate the lack of
      potential conflict between them; and

    3. Additional documents, covenants, deed restrictions, or other agreements as
      may be deemed necessary by the Planning Commission are executed to
      assure that the required parking spaces provided are maintained and uses
      with similar hours and parking requirements as those uses sharing the
      parking facilities remain for the life of the development.

    4. Shared parking spaces shall be located no more than three (300) hundred feet
      from the uses they are intended to serve.


    5. In Zone District 5, "Village Core," any on-street parking located within 300
      feet of the subject site that can be accessed by sidewalks and cross walks
      within that distance shall be counted toward the off-street parking
      requirement of the subject use, except for residential and commercial lodging
      uses.

  9. Lot Size/Scale
    Large surface parking lots shall be visually and functionally segmented into several
    smaller lots according to the standards found in Section 1207.04, "Landscaping/
    Bufferyards," subsection (m)-Landscaping for Parking Lots.

  10. Handicapped Parking Requirements
    1. Parking facilities serving buildings and facilities required to be accessible to
      the physically disabled shall have conveniently located designated
      handicapped parking spaces to be provided as follows:


    2. The dimension of parking spaces serving handicapped persons shall be at
      least fourteen (14) feet wide by nineteen (19) feet long, and ADA van
      accessible spaces as required.

  11. Design of Parking Spaces and Aisles
    Each required parking space shall meet the minimum dimensional requirements set
    out in the following table and illustrated in Figure 22 below.


  12. Aisles
    Each required parking space shall have direct and unrestricted access to an aisle of
    the minimum width set out in Subsection (k) and illustrated in Figure 22

  13. Access
    All parking spaces shall be entered and exited along parking aisles arranged
    perpendicular to access drives or aisles to the maximum extent feasible. Parking
    spaces shall not be located along entry drives within thirty feet (30') of the right-of-

    way or easement line (and at greater distances as may be required by the Planning
    Commission depending on traffic generation and parking lot size). (See Figure 22 )


  14. Maneuverability Areas
    In order to promote adequate maneuverability, the following provisions shall be
    followed:
    1. Turn-Around Area. Where more than three (3) parking spaces are served by
      a single driveway, a turn-around area shall be provided, or other provision
      shall be made, to permit cars to exit the parking lot or garage without backing
      onto any street or sidewalk.

    2. Back-Up Area. Each parking space shall be provided with a sufficient backup
      area to permit egress in one maneuver, consisting of one backward and
      one forward movement.

  15. Paving
    Any off-street parking or loading area shall be surfaced with a pavement having an
    asphalt or concrete binder of sufficient strength to support vehicular loads imposed
    on it while providing a durable, dustless surface.

  16. Drainage
    Drainage shall comply with the provisions contained in Section 1207.02,
    "Stormwater Management." All parking spaces, together with driveways, aisles, and
    other circulation areas shall be graded and drained so as to dispose of surface water
    which might accumulate within or upon such area, and shall be designed to prevent
    the excess drainage of surface water onto adjacent properties, walkways, or onto
    public streets. Adequate arrangements shall be made to insure acceptable diversion
    to an adequate storm water drainage system, and these plans shall be reviewed by the
    City Engineer.

  17. Lighting
    Fixed lighting shall comply with the provisions contained in Section 1207.14
    "Exterior Lighting," and be arranged to prevent direct glare of beams onto any
    public or private property or street.

  18. Wheel Stops and Continuous Curbs
    Wheel stops or continuous curbs shall be provided, located, and designed to protect
    required screening devices and landscaping and pedestrian ways from damage or
    encroachment of vehicles and to provide necessary traffic control in the parking area.
    1. Wheel Stops. Each wheel stop shall be a singular block of reinforced
      concrete, stone, or other durable material six inches (6") in height, six inches
      (6") in width, and eight feet (8') in length. Wheel stops shall be placed as
      shown in Figure 25 and securely attached to the ground and may be used
      only at the end of parking stalls.

    2. Continuous Curbs. Continuous curbs shall be made of asphalt, concrete, or
      stone, and shall be a minimum of six inches (6") in height and six inches (6")
      in width. They shall form a non-interrupted edge around all landscaped areas
      adjacent to parking and turn-around areas which are not protected by wheel
      stops.

    3. Placement. The wheel stop or continuous curb shall be located a minimum of
      four feet (4') from any structures, buildings, walls, or plant material, excluding
      groundcover, to prevent a vehicle from driving onto the landscape area or
      hitting any structure or plant material at the edge of the parking area. The
      mature size of the plant material shall be specified to determine if the
      landscaped area meets the setback requirements. See Figure 23.

    4. Stall Dimensions. Where continuous curbs are used, the paved area of the
      parking stall length required in Subsection (k) and illustrated in Figure 22
      (Dimension "C") may be reduced by two and one-half feet (2 2>) as
      shown in Figure 22, provided that the vehicle overhang will not
      encroach on pedestrian circulation or the required setback for desirable plant
      growth. Where wheel stops are used, the paved area of the parking stall
      length required in Subsection (k) and illustrated in Figure 22 (Dimension "C")
      shall not be reduced.


  19. Off-Street Loading Requirements
    1. On the same lot with every building to be used for commercial/retail and
      industrial purposes, adequate space for standing, loading, and unloading of
      motor vehicles shall be provided to avoid interference with the public use of
      streets. Loading spaces shall not conflict with or overlap with the area used
      for off-street parking.

    2. Plans and Design Standards
      1. One (1) loading space shall be provided for all buildings having a
        gross floor area between ten thousand (10,000) square feet to twenty
        thousand (20,000) square feet.
      2. One additional loading space shall be provided for every additional
        twenty thousand (20,000) square feet of gross floor area, provided
        that no such loading space occupies any part of a public street, alley,
        driveway or sidewalk.

    3. General Standards for Off-Street Loading
      Every loading space shall be designed, constructed, and maintained in
      accordance with the standards and requirements set forth: on the following
      page:
      1. Location of Required Loading Spaces. Loading spaces shall be
        located on the same lot as the building or structure to which they are
        accessory. No loading space shall be located in any required front
        yard, nor shall it permit any vehicle to extend into any front yard or
        across any lot line of a more restrictive district while being loaded or
        unloaded.
      2. Dimensions. No required loading space shall be less than twelve feet
        (12') in width or thirty-five (35') in length or have a vertical clearance
        of less than fourteen feet (14').
      3. Access. Loading spaces shall be designed and arranged to provide
        access to a street or alley in a manner that will create the least
        possible interference with traffic movement and parking lot
        circulation.
      4. Surface and Drainage. Every loading space shall meet the surface
        and drainage requirements of subsections (o) - Paving and (p) -
        Drainage.
      5. Screening. All operations, material, and vehicles within any loading
        space that are visible from public streets or from residential uses shall
        be screened. The screening material shall be year round opaque and
        may be comprised of landscaping, fences, walls, architectural
        elements, or a combination of such techniques.

Section 1207.13    Transportation/Circulation/Pedestrian Linkage

  1. Purpose
    The purpose of this section is to establish the street design and circulation criteria for
    development in Hudson, protect the integrity of the existing transportation network,
    support area design compatibility as established in the Hudson Comprehensive Plan,
    and provide for safe and efficient roadway and pedestrian systems.

  2. General Criteria
    1.  Transportation Plan and Functional Classification System
      1. Establishment of Transportation Plan and Functional Classification
        System. The location and functional classifications of necessary
        freeway, arterial and collector roads have been established by
        Ordinance. All zoning district regulations referencing arterial roads
        shall be guided by the definition of arterial street found in Section
        1213.02 "Definitions", "Street, arterial".
      2. South 91 Corridor Studies.
        All development adjacent to SR-91 from Stoney Hill Drive to Barlow
        Road necessitating road improvements must be in compliance with
        the South 91 Corridor Access Management Plan adopted in July,
        1997, as amended. All development adjacent to SR91 from Terex
        Road to Norton Road must be in compliance with the SR91 Traffic
        Corridor Study adopted in February 2003.
      3. Standard Roadway Cross Section Design and Pavement
        Specifications. All roadways shall be designed in compliance with
        the Roadway Cross Sections indicated in Figure 25. All roadways
        shall be constructed in accordance with Figure 26, Pavement
        Specifications.
      4. State Access Management Standards. In reviewing development
        projects adjacent to collector and arterial roads, the Planning
        Commission shall require adherence to the State of Ohio Department
        of Transportation Access Management Handbook Standards, dated
        September 1, 1998, as amended.




    2. Road Widenings and Capacity. Any increases in road capacity or proposed
      widenings shall be in compliance with the Transportation Policy Statements
      of the City of Hudson Comprehensive Plan, adopted August 2, 1995.

    3. Traffic Impact Studies. All proposed new residential subdivisions,
      commercial and industrial development and changes in usage in nonresidential
      structures shall refer to the "Guideline Manual for the Preparation
      of a Traffic Impact Study" on file at the Department of Community
      Development, and if required by the Manual, prepare and submit a traffic
      impact study in accordance with the provisions there in.

    4. Level of Service Requirements.
      1. All developments and subdivisions required to prepare a traffic
        impact study shall demonstrate compliance with level of service
        requirements set forth in Section 1207.11 "Adequate Public
        Facilities," Subsection (b)(3), "Transportation."
      2. An applicant or developer shall provide roadway improvements as
        required by the City to maintain or improve the level of service of an
        arterial or collector street shown by the traffic impact study to be
        adversely affected by the proposed development or subdivision.
      3. If a proposed development or subdivision does not adversely change
        the level of service, the developer shall pay a proportionate share
        necessitated by the development of traffic mitigation measures for
        any proposed roadway segment or intersection improvement within a
        1/4 mile radius of a proposed development or subdivision, as outlined
        in the Transportation Network Traffic Model Analysis dated
        November 4, 1997, and whose designated level of service is at or
        below a LOS C as found in the November 4, 1996 Analysis.

  3. Streets and Easements and Alleyways
    1. Streets:
      1. Streets depicted on a subdivision plat shall conform to the
        Transportation Plan map and Cross Section Design.
      2. All streets shall be aligned to join with planned or existing streets.
      3. All streets shall be designed to bear a logical relationship to the
        topography of the land.
      4. Streets shall be laid out so as to intersect as nearly as possible at right
        angles.
      5. A proposed intersection of two streets, either one new street to an
        existing street or two new streets, shall not have an angle less than 80
        degrees.
      6. An oblique street should be curved approaching an intersection and
        shall be approximately at right angles for at least one hundred and
        fifty feet therefrom.
      7. No more than two streets shall intersect at any one point.

    2. Cul-de-sacs:
      1. Cul-de-sacs should be avoided to the maximum extent feasible.
      2. Cul-de-sacs shall be permitted only if they do not exceed a maximum
        length of 600 feet or seven times the average lot width of the lots
        fronting the cul-de-sac whichever is less. The measurement shall be
        from the mid-point of the intersection with another street to the center
        point of the cul-de-sac turnaround. Temporary cul-de-sacs may be
        longer than the 600 foot maximum only when classified as a stub
        street.
      3. Cul-de-sacs shall have pavement with a turnaround radius of 40 feet.
      4. Cul-de-sac right-of-ways shall have minimum radius of 60 feet.
      5. No center islands shall be allowed in cul-de-sacs with a diameter of
        60 feet or less.
      6. Exceptions: Industrial cul-de-sacs have no maximum length
        provision. However, proposed industrial developments must tie into
        other existing industrial developments where practicable and as
        required through the site plan review process.

    3. Stub Streets
      Stub Streets are required to provide continued access to future development.
      Provisions shall be made to establish stub streets to provide for the
      continuation of a development between adjacent properties if the adjacent
      property is undeveloped, is in the same zone district, and the adjacent
      property is not subject to a permanent conservation easement. A temporary
      cul-de-sac with an outside roadway dimension of 80 feet and a temporary
      property line/right-of-way line of 120 feet shall be provided. At no time
      shall the roadway or temporary property line/right-of-way line be placed on
      the adjacent undeveloped parcel. The permanent right-of-way line shall
      extend to the end of the property with a 5 foot reservation strip along the
      width of the right-of-way. The party responsible for the extension of the stub
      street shall be responsible for the restoration, grading, and the securing
      of all necessary temporary agreements to complete the work for each property
      abutting the temporary property line/right-of-way line as approved by the
      City Engineer. On streets serving less than 12 residences, hammerhead
      turnarounds and cul-de-sacs may be used instead of stub streets.

    4. Controlled Access Median Strips. Controlled Access Median Strips are
      permissible for residential streets only along entrance roads to subdivisions in
      excess of 30 lots. The maximum length of the median strip shall be 350 feet.

    5. Curb Cuts and Intersections:
      1. Residential lots in a subdivision adjacent to an arterial street are not
        permitted curb cut access to arterial streets.
      2. Curb cuts for commercial or industrial development shall be limited
        to one access point on arterial and collector streets. All development
        adjacent to SR.91 between Stoney Hill Drive and Barlow Roads shall
        be subject to the provisions of the South 91 Corridor Access
        Management Plan. Curb cuts and new intersections for development
        along arterial and collector streets should be a minimum of 400 lineal
        feet from any intersection.

    6. Signalized Intersections along Arterials. A Traffic Signal Warrant Analysis
      shall be performed according to the State of Ohio Department of
      Transportation Manual of Uniform Traffic Control Devices, for all
      residential, commercial and industrial developments creating an intersection with
      any street designated as an arterial or collector street in the City of Hudson
      Comprehensive Plan.

    7. Alleys
      Alleys shall not be allowed except as part of a design element for proposed
      residential development in Zone Districts 1, 3, and 4, or as warranted by
      unique access conditions within District 5. Where permitted, alleys must be
      designed to a minimum width of 16 feet with a 2 foot strip for utility
      easements on each side of the alley. Accessory garages that access an alley
      shall be set back a minimum 8 feet from the edge of the alley.

    8. Utility Easements
      Utility easements of a minimum of 5 feet shall be required on the sides and
      rear of all residential, commercial or industrial lots together with a 10 foot
      wide utility easement outside the right-of-way line on all properties that abut
      the right-of-way. All other public utility easements for specific locations as
      required to serve a residential, commercial or industrial subdivision shall be a
      minimum of 30 feet unless otherwise specified by the city.

    9. Street Design Standards
      In addition to the pavement and right-of-way widths standards in Section
      1207.13(b)(1)(C), streets must adhere to the following design standards.
      1. Cross Slopes
        The cross slopes on all streets including intersections, shall be a
        maximum of 3% and a minimum of 1.5%.

      2. Minimum Centerline Radius:
        Road Classification Radii in Feet
        Arterial 600
        Collector 360
        Local 200
      3. Stopping Site Distance
        Horizontal and vertical alignments shall be designed according to the
        following Stopping Site Distance:
        Design Speed

        Minimum Stopping
        Site Distance
        Preferred Stopping
        Site Distance
        25 mph
        150
        150
        35 mph 225 250
        45 mph 325 400
        60 mph 525 650
      4. Curbed and Uncurbed Minimum Radii Returns
        The turn radius for any commercial or industrial development must
        be based on the classification of vehicle projected for the
        development. Compound curves, tapers with curb radii or curb radii
        shall dictate the layout of the proposed curb based upon the vehicle
        classification. The turn radius for residential areas shall be in
        accordance with the curb radius.
        The curb radius for a residential subdivision with two local streets
        shall be a minimum of 20 feet. The curb radius between a local street
        and a collector shall be a minimum of 25 feet. The right of way lines
        shall follow the curb-radius/turn radius.

      5. Maximum/Minimum Grades
        The maximum grade for residential streets shall be 6%. The
        maximum grade for commercial and industrial streets shall be 5%.
        The minimum grade for all streets is 0.5%.

      6. All reasonable attempts shall be made to minimize the impact to the
        surrounding contours of the existing topography of the proposed
        development site. The City reserves the right to require proposed
        grades designed to minimize the impact to the surrounding area.

      7. Intersection Profile Grade Approach Limits
        Intersections shall be designed to match cross slopes and shall be
        designed with a flat grade wherever possible. In areas not allowing
        flat grades, a leveling area shall be provided having no greater than a
        2% grade for a distance of a minimum of 60 feet as measured from
        the nearest right-of-way line of the intersecting street.

      8. Reverse Curves and Tangents
        Tangents of at least 100 feet long shall be provided between reverse
        curves on residential and collector streets and at least 250 feet long
        on arterial streets. A transitional spiral is a suitable alternative.

      9. Monuments The developer must place permanent reference
        monuments with monument boxes in the subdivision as required by
        the City and in accordance with the design specifications and as
        approved by a licensed and registered Land Surveyor with the State
        of Ohio. Monuments shall be located on roadway centerlines at all
        street intersections, angle points of curvature, at the center of a
        permanent cul-de-sac and at all other locations required by the City.
        They shall be spaced so as to be within sight of each other, the sight
        lines being contained wholly within the street limits.

        External boundaries of a subdivision shall have monuments placed in
        the field by iron rods at least thirty inches long and one inch in
        diameter with a fluorescent colored cap set no more than six inches
        above grade. These monuments shall be placed not more than 1000
        feet apart in any straight line and at all corners, at each end of all
        curves, at the point where a curve changes its radius, at all angle
        points in any line, and at all angle points along the meander line of a
        stream, river or creek, those points to be not less than twenty feet
        back from the bank of any stream, river, or creek.

      10. Emergency Access
        1. Purpose. This section is intended to ensure that emergency
          vehicles can gain access to and maneuver within the project
          so that emergency personnel can provide fire protection and
          emergency services without delays.
        2. General Standard. All developments shall provide adequate
          access for emergency vehicles and for those persons
          rendering fire protection and emergency services.
        3. Fire Protection Requirements.
          All portions of the exterior wall of the first story of any
          structure(s) must be located within 150 feet of a public street
          (except major arterial streets) or a fire access road in which
          fire apparatus can be maneuvered, as approved by the Fire
          Department.
          Fire access roads may be public streets (except major arterial
          streets) and alleys, parking lots, private streets, or similar
          vehicular access roads. Driveways serving detached,
          individual dwelling units need not meet fire access road
          criteria if they do not exceed 100 feet in length.
        4. Fire Access Road Width. The minimum unobstructed width
          shall be 30 feet for fire access roads, unless serving one
          detached, individual dwelling unit then may be reduced to 18
          feet comprised of at least 12 feet of pavement width and an
          additional 3 feet kept clear of vegetation and obstruction to
          each side to allow passage of an emergency vehicle 18 feet
          wide. Such driveways of less than 30 feet width must provide
          vehicle turnouts every 200 feet of driveway length if the
          driveway length exceeds 300 feet.
        5. Turnarounds. Any fire access road shall be provided with a
          minimum 80 foot diameter turnaround if a dead-end street,
          have a turnaround with a proper turning radius if within a
          parking lot, or must continue to a public street.
        6. Turning Radius. The minimum turning radius for fire access
          roads and in parking lots shall be 20 feet inside and 40 feet
          outside.
        7. Parking Control. Approved ANo parking - Fire Lane@ signs
          shall be provided along curbs where parking obstruct the
          minimum width and turning radius. Curbs in these areas shall
          be painted red.
        8. Road Surface. The surface of all fire access roads shall be of
          an approved hard surface or compacted road base capable of
          supporting fully loaded fire apparatus engineered to provide a
          bearing weight of 50,000 lbs. All surfaces shall be
          maintainable in all weather conditions including snow
          removal.
        9. Dead-end Length. Any fire access road that serves structures
          beyond 600 ft from a second point of access shall be provided
          with an approved connection to another public street.
        10. Fire Lanes. Fire lanes may be used in commercial and multifamily
          projects when they can be designed into the normal
          traffic circulation patterns. All fire lanes shall conform to all
          other fire access road criteria. Approval of any fire lane shall
          be contingent upon the ability of the fire lane to be
          maintained continuously and under all weather conditions.
          Fire lanes serving single family projects are prohibited.
        11. Easements. Any private fire access road that serves multiple
          properties or crosses properly lines shall have proper
          emergency access easements.
        12. Vertical Clearance. The minimum vertical clearance shall be
          13= 6".
        13. Grade. The maximum grade of a fire access road shall be 4%.
        14. Access. Temporary fire access roads, turnarounds, and second
          points of access may be used as part of an approved phased
          project or imminent public street improvements as confirmed
          by listing in an approved capital improvement plan, or
          subdivision plan. Any temporary access shall meet all other
          fire access road criteria.
          All projects shall have access from a public street network
          with multiple points of access. If the project exceeds 600 feet
          from a single point of access, sufficient off-site improvements
          must be made to provide multiple points of access.
          All required fire access roads, including public streets, shall
          be installed and serviceable before commencement of
          aboveground construction.
        15. Signs. A reflective distance marker shall be required for fire
          access roads greater than 900 feet in length. A market supplied and
          installed by the Hudson Fire Department shall be located every 900
          feet of length from the main entrance of the structure to the street.

  4. Pedestrian and Bicycle Paths
    1. To the maximum extent feasible, all residential, commercial, and industrial
      subdivisions shall provide pedestrian linkages, including bikeways, to
      existing trail system, parks, schools, adjacent developments, and to the
      Village Core where applicable. (See Figures 27a & 27b.)



    2. Bicycle Paths. Where linkages are provided through the development of dedicated
      off-road bicycle paths, the minimum right-of-way will be 18 feet, and the pavement
      width will be 10 feet. All bicycle paths will be constructed in accordance to design
      standards approved by the City Engineer and illustrated in Figures 28a & 28b and in
      conformance with any Trail Plan adopted by the City of Hudson Park Board. Bike
      lanes constructed as part of roadway improvements will be designed and constructed

      in accordance with Figures 29a & 29b, and 29c.

Section 1207.14    Exterior Lighting

  1. Purpose
    The intent of this section is to focus on the actual physical effects of lighting, as well
    as the effect that lighting may have on the surrounding neighborhood. Exterior
    lighting shall be evaluated in the development review process to ensure that the
    functional and security needs of the project are met in a way that does not adversely
    affect the adjacent properties or neighborhood. The degree to which exterior night
    lighting affects a property owner or neighborhood will be examined considering the
    light source, level of illumination, hours of illumination, and need for illumination in
    relation to the effects of the lighting on adjacent property owners and the
    neighborhood.

  2. Applicability
    1. All residential development consisting of 5 or more lots or units and all
      nonresidential development shall submit for approval a proposed exterior
      lighting plan that meets the functional security needs of the proposed land use
      without adversely affecting adjacent properties or the community.

    2. All residential development consisting of less than 5 lots or units shall comply
      with the standards set forth in this section, but shall not be required to submit
      a proposed exterior lighting plan for approval.

    3. Non-residential development of less than 5,000 square ft of gross floor area
      and parking lots or parking lot expansions of less than 25% or 20 parking
      spaces whichever is less, is exempt from the lighting levels of Table
      1207.14(c) provided each light fixture has a maximum 100 watts for pole
      heights of 16 ft or less and a maximum 250 watts for pole heights of 16 - 25 ft.

    4. Unless otherwise expressly exempted, public street lighting installed by the
      City of Hudson shall comply with the standards set forth in this section.
      However, proposals to install public street lighting shall not be required to
      submit a proposed exterior lighting plan for approval.

    5. Exemption for Outdoor Recreational Uses:
      1. Because of their unique requirements for nighttime visibility and their
        limited hours of operation, ball diamonds, playing fields, tennis courts,
        and other similar outdoor public and commercial recreational uses are
        exempt from the exterior lighting standards set forth in this section
        and shall only be required to meet the following standards set forth in
        this subsection (b).
      2. Limits on cutoff angle: Lighting fixtures shall be mounted and aimed
        so that their beams fall within the primary playing area and immediate
        surroundings, and so that no direct illumination is directed offsite.
        The aiming angle of the light source that illuminates an outdoor
        recreational use is not to exceed 62E from vertical. Luminaries shall
        use internal louvers and/or exterior shields as necessary to help
        minimize glare.
      3. Maximum permitted illumination at the property line: 0.1 footcandles.
      4. Limits on Hours of Illumination: Exterior lighting for an outdoor
        recreational use shall be extinguished no later than 11:00 p.m.

  3. Lighting Levels
    1. With the exception of lighting for public streets, all other lighting used to
      illuminate buildings, parking lots, walkways, or the landscape, shall be
      evaluated during the site plan review process. The following
      "Area/Activity Lighting Criteria" chart gives the lighting criteria to be met
      for outdoor facilities used at night.


    2. All other illuminance shall not exceed the Lighting Handbook (Illumination
      Engineering Society (IES) 1987, as amended) recommendations; and

    3. The amount of nuisance glare (light trespass) projected onto a residential use
      from another property shall not exceed 0.1 vertical footcandles at the property
      line.

  4. Design Standards
    All exterior lighting, including public street lighting as applicable, shall meet the
    following design standards:
    1. No flickering or flashing lights shall be permitted, except for temporary
      holiday decorations.

    2. Background spaces like parking lots shall be illuminated as unobtrusively as
      possible to meet the functional needs of safe circulation and protection of
      people and property. Foreground spaces, such as building entrances and
      outside seating areas, shall utilize local lighting that defines the space without
      glare. All lighting installations must comply with the Area/Activity Lighting
      Criteria published in Subsection (c) of the Exterior Lighting Code unless
      specifically approved by the Planning Commission.

    3. Glare shall be controlled at all times through proper equipment selection,
      careful aiming, and limits on brightness as per IESNA recommendations:
      1. Full cutoff, cutoff, or semi-cutoff light fixtures shall direct light
        toward the ground as per IESNA classifications. The light source
        shall not be visible from the property line.
      2. Noncutoff light fixtures shall limit the maximum initial lumens
      3. Building facade lighting shall be located, aimed and shielded to direct
        light only onto the building facade.

    4. The style of light standards and fixtures shall be consistent with the style and
      character of architecture proposed on the site.

    5. All outdoor light not necessary for security purposes shall be reduced,
      activated by motion sensors devices, or turned off during non-operating hours.

    6. Light fixtures used to illuminate flags, statues, or any other objects mounted
      on a pole, pedestal, or platform shall use a narrow cone beam or light that will
      not extend beyond the illuminated object.

    7. For upward-directed architectural, landscape, and decorative lighting, direct
      light emissions shall not be visible above the building line roof.

    8. All light sources must have a minimum color rendering index (CRI) of 22.

  5. Height Standards for Lighting
    1. In Zone Districts 1, 2, 3, 4, and 10, light fixtures shall be mounted on concrete
      or painted metal poles no higher than 16 feet.

    2. In Zone Districts 5, 6, 7, 8 and 9, light fixtures shall be mounted on concrete
      or painted metal poles no higher than 25 feet.

Section 1207.15    Telecommunication Facilities

  1. Purpose
    These regulations governing wireless telecommunication facilities are established to
    provide for the construction, erection, maintenance, extension and removal of such
    facilities in certain zoning districts in the City and are related to certain applications
    of technology and engineering in the field of wireless telecommunication. The
    purpose of these regulations is to balance the competing interests created by the
    federal Telecommunications Act of 1996 (Public Law 104-104) and the interests of
    the City in regulating wireless telecommunication towers and related facilities for the
    following reasons:
    1. To provide for orderly development within the City;

    2. To protect property values;

    3. To maintain the aesthetic appearance of the City, including, but not limited to,
      its unique residential character, unobstructed open spaces, and attractive
      commercial and office/industrial areas;

    4. To protect residential properties, parks, open spaces and the nonintensive
      commercial zoning districts which are characteristic of the City from the
      adverse effects of towers and related facilities;

    5. To promote collocation of wireless telecommunications facilities in order to
      decrease the total number of towers in the City;

    6. To provide for and protect the health, safety and general welfare of the
      residents and visitors of the City.

  2. Applicability
    No person shall construct, erect, maintain, extend, or remove a wireless
    telecommunication facility in the City without compliance with the provisions of this
    section.

  3. Minimum Standards for Construction, Erection, Mainenance, Extension and Removal.
    All wireless telecommunication facilities shall comply with the following minimum
    standards:
    1. Use Regulations:
      1. A wireless telecommunication tower may only be permitted as a
        conditional use in District 8: Industrial/Office Park Development
        Areas. A wireless telecommunication tower is not permitted in any
        other zoning district in the City.
      2. The installation of a wireless telecommunication antenna(s), and the
        expansion of an existing equipment shelter to serve such antenna(s),
        may be permitted as a conditional use on an existing wireless
        telecommunication tower in a residential zoning district.
      3. The installation of a wireless telecommunication antenna(s) where the
        construction or erection of a tower is not proposed by the applicant,
        shall be permitted as an accessory use on existing towers, buildings or
        structures. To the extent the remaining standards of this section are
        applicable to the situation involving the installation of a wireless
        structure, such standards shall govern the installation.

    2. Co-Location:
      1. All applicants for construction or erection of wireless
        telecommunication towers shall be required to construct on a base
        tower structure and structure foundation that is designed to be
        buildable up to, but not including, 200 feet above grade. Such
        structure shall be designed to have sufficient structural loading
        capacity to accommodate at least four (4) antenna platforms or
        antenna arrays of equal loading capacity for four (4) separate
        providers of service to be located on the structure when constructed to
        the maximum allowable height. The wireless telecommunication
        facility shall also be designed to show that the applicant has enough
        space on its site plan for an equipment shelter large enough to
        accommodate at least four (4) separate users of the facility. If an
        equipment shelter is initially constructed to accommodate only one (1)
        user, space shall be reserved on site for equipment shelter expansions
        to accommodate up to at least four (4) separate users. Agreement to
        the provisions of this subsection must be included in the applicant's
        lease with the landowner, if different from the owner/user of the
        tower. Written documentation must be presented to the City Manager
        evidencing that the landowner of the property on which the tower is to
        be located has agreed to the terms of this subsection. As an additional
        condition of issuing a conditional use permit, the owner/user shall
        respond in writing to any inquiries regarding collocation of another
        user of the facility within thirty (30) days after receipt of a written
        inquiry. Copies of all written requests to co-locate and all written
        responses shall be sent to the City Manager.

      2. The applicant requesting permission to install a new tower shall
        provide evidence there is no technically suitable space for the
        applicant's antenna(s) and related facilities reasonably available on an
        existing tower, building or structure within the geographic area to be
        served. With its application, the applicant shall identify the location
        of every tower, building or structure that could support the proposed
        antenna(s) or area where it would be technically suitable to locate so
        as to allow it to serve its intended function. As part of its
        application, the applicant shall provide a scaled map of all of its
        existing, proposed or planned antenna locations within a five- mile
        radius of the site which is the subject of the application.

      3. The applicant must demonstrate that a technically suitable location is
        not reasonably available on an existing tower, building or structure. If
        an existing tower, building or structure is technically suitable, the
        applicant must demonstrate that it has made written request to
        collocate on the existing tower, building or structure and the request
        was rejected by the owner of the tower, building or structure. In all
        circumstances, owners of existing towers shall promptly respond in
        writing to requests for co-location, but in no event shall they respond
        more than thirty (30) days from the date of receipt of a written request
        for co-location. If another telecommunication tower is technically
        suitable, the applicant must further show that it has offered to allow
        the owner of that other tower to co-locate an antenna(s) on another
        tower within the City which is owned or controlled by the applicant, if
        available, on commercially reasonable terms and the offer was not
        accepted.

    3. Spacing. There shall be a separation of a minimum of one-half mile between
      wireless telecommunication towers.

    4. Height. Notwithstanding the height requirements of the underlying zoning
      district, the maximum height of a free-standing wireless telecommunication
      tower, including its antenna and all appurtenances, shall be less than 200 feet
      above grade. The maximum height of any wireless telecommunication
      antenna, installed pursuant to subsection (a)(2) hereof, shall be no greater than
      the height of the existing tower, building or structure to which it is attached.
      The height of any equipment shelter shall not exceed fifteen (15) feet from
      grade.

    5. Setbacks. All wireless telecommunication towers shall be set back from
      property lines of residentially-zoned or used properties a distance of at least
      five hundred (500) feet. Otherwise, the tower and related facilities shall
      comply with the required setbacks in the zoning district in which they are
      located. In no event shall a wireless telecommunication tower or facility be
      located in front of the principal building on the lot, if any.

    6. Design:
      1. All wireless telecommunication towers should be monopole design,
        and shall be painted light gray in color unless otherwise required by
        state or federal law.
      2. All wireless telecommunication facilities shall be subject to review by
        the Architectural and Historic Board of Review (AHBR) for the
        purpose of enhancing the compatibility of the facilities with their
        surroundings. The color of a wireless telecommunication tower and/or
        antennas shall be as determined by the AHBR for the purpose of
        minimizing its visibility, unless otherwise required by the Federal
        Communications Commission (FCC) or the Federal Aviation
        Administration (FAA).
      3. The wireless telecommunication antennas shall be of a panel design
        and mounted flush to the tower, building or structure which elevates
        the antennas, unless the applicant can demonstrate that it is not
        feasible from an engineering standpoint to use such antennas or to
        mount them in such a fashion.

    7. Landscaping. A landscaped buffer area of not less than fifteen (15) feet in
      depth shall be placed between the wireless communication facilities and the
      public rights- of-way and any adjacent properties from which a direct view
      can be had of the facilities, other than the tower itself. The fifteen(15)-foot
      landscaped buffer shall have a tight screen fence of hardy evergreen
      shrubbery not less than six (6) feet in height. The landscaping shall be
      continuously maintained and promptly restored, if necessary.

    8. Engineering Report. A report shall be prepared and submitted by a qualified
      and licensed professional engineer and shall provide proof of compliance with
      all applicable federal, state, county, and City regulations. The report shall
      include a detailed description of the telecommunication tower, antenna(s),
      equipment shelter, and appurtenances, and shall certify that radio frequency
      (electromagnetic) emissions are in compliance with the regulations of the
      Federal Communications Commission (FCC).

    9. Maintenance:
      1. The applicant shall submit a plan documenting how the wireless
        telecommunication facility will be maintained on the site in an
        ongoing manner that meets industry standards.
      2. On each biennial anniversary of the issuance of the zoning certificate
        for a wireless telecommunication facility, or not more than ninety (90)
        days prior thereto, the owner/user shall submit to the City a report
        prepared by a licensed professional engineer(s) which shall verify
        continued compliance of the facility with all governmental
        requirements including, but not limited to, the structural integrity and
        stability of any towers or antennas, electrical safety standards, and
        auxiliary power source safety standards.

    10. Lighting. Except as required by law, an antenna or a tower shall not be
      illuminated and lighting fixtures or signs shall not be attached to the antenna
      or tower. If lighting is required by Federal Aviation Administration (FAA)
      regulations, the most visually unobtrusive "state-of-the-art" lighting available
      shall be used, unless otherwise required by the FAA.

    11. Security:
      1. A security fence not less than eight (8) feet in height shall fully
        enclose those portions of the wireless telecommunication facility
        which come in contact with the ground. Gates shall be locked at all
        times.
      2. A permanent warning sign with a minimum size of two (2) square feet
        and a maximum size of six (6) square feet shall be posted on the site.
        In addition the sign shall specify an emergency telephone number of
        the owner/user of each set of antennas on the site. The owner/user
        shall also provide the City Manager, the City Fire Department, the
        City Police Department, and the City Emergency Medical Service
        with information on whom to contact, an address, and a telephone
        number in the event of an emergency.

    12. Advertising Prohibited. No advertising sign(s) or devices shall be permitted
      anywhere on a wireless telecommunication facility site.

    13. Outdoor Storage. There shall be no outdoor storage of equipment or other
      items on the wireless telecommunication facility site except during the facility
      construction period and to supply emergency power to the facility only during
      a power outage.

    14. Access to Facility. The access driveway to the wireless telecommunication
      facility shall, whenever feasible, use circulation driveways of the existing use
      on the lot, if any. Where use of an existing driveway is not feasible, the
      driveway to the facility shall be a minimum of eighteen (18) feet in width with
      a minimum overhead clearance of eleven (11) feet and shall be setback a
      minimum of twenty (20) from the nearest side or rear lot line. This driveway
      shall meet the load limitations for fire equipment. If the access road to the
      facility is more than one thousand five hundred (1,500) feet from the public
      right-of-way, a turnaround shall be provided for emergency vehicles at the site
      and a by-pass, adequate for emergency vehicles, with an approachable access
      shall be provided for each additional one thousand five hundred (1,500) feet of
      the driveway. There shall be a maximum of one (1) off-street parking space
      on the facility site.

    15. Accessory Equipment Shelter. The maximum cumulative total size of all
      equipment shelters accessory to a telecommunication tower or antenna on a lot
      shall be 1000 square feet and their maximum height shall not exceed fifteen
      feet from grade. Only one (1) equipment shelter, or the configuration of
      more than one (1) shelter appearing as (1) shelter, shall be permitted on a lot.
      Where it is technically feasible and reasonably practical, an existing building
      or structure on a lot shall be used to shelter the equipment associated with a
      wireless telecommunication facility.

    16. Undergrounding of Utilities. All utility lines from the utility source to the
      wireless telecommunication facility shall be underground.

    17. Time Limit for Commencement and Completion. After issuance of a zoning
      certificate to construct a wireless telecommunication facility, the applicant
      shall commence construction within six (6) months and shall complete
      construction within one (1) year or the zoning certificate shall expire.

    18. Abandonment and Removal of Facilities.
      1. If at any time the use of the wireless telecommunication facility is
        discontinued for 180 consecutive days, said facility shall be deemed
        abandoned. The City Manager shall notify the owner/user in writing
        and advise that the facility must be reactivated within ninety (90) days
        or it must be dismantled and removed from the site within that same
        ninety (90)-day period at the cost of the owner/user. The owner/user
        of the wireless telecommunication facility shall, on no less than an
        annual basis from the date of issuance of the zoning certificate, file a
        declaration with the City Manager as to the continuing operation of
        each of its facilities within the City.
      2. The applicant for the wireless telecommunication facility shall be
        required as a condition of issuance of a zoning certificate to post a
        cash or surety bond acceptable to the City Solicitor of not less than
        $100.00 per vertical foot from grade of the wireless
        telecommunication facility, which bond shall insure that an
        abandoned, obsolete or destroyed wireless telecommunication antenna
        or tower shall be removed within 90 days of cessation of use or
        abandonment. Any successor-in-interest or assignee of the applicant
        shall be required to additionally execute such bond, as principal, to
        insure that the bond will be in place during the period of time that the
        successor-in-interest or assignee occupies the facility.

  4. Exemption of Certain City Property
    Regardless of the provisions of this Section, a wireless telecommunication facility
    may be permitted on any property owned or controlled by the City and used for public
    services and shall be constructed, erected, maintained, extended and removed under
    such conditions, standards and regulations as required by the City Council.

Section 1207.16    Dish-Type Satellite Antennas

  1. Purpose
    Council hereby finds and determines that the guidelines and restrictions contained in
    this section are necessary to ensure the following health, safety and aesthetic
    objectives:

    1. Safety Objectives:
      1. To minimize obstructions to visibility around streets, sidewalks and
        driveways;
      2. To reduce potential attractive nuisance to children, animals, etc.;
      3. To reduce the exposure of the antenna to high wind forces, particularly
        from tornadoes, and reduce hazards from falling and wind-propelled
        objects;
      4. To reduce impediments to moving people and equipment near
        buildings and to avoid interference with firefighting and emergency
        ingress and egress, both at and above grade level; and
      5. To reduce potential contact and conflicts between antennas and utility
        lines, both above and below grade level.

    2. Health Objective: To limit interference with natural sunlight and the
      circulation of air and to preserve space for trees and other plants.

    3. Aesthetic Objective: To reduce the visual impact of antennas in a municipality
      containing both old and new homes, many with historic and architecturally
      significant features, and to preserve property values.

  2. Permits
    1. Permit Not Required. Except as provided under subsection (b) below, a
      permit is not required for the following types of antennas:
      1. A Small Antenna; or
      2. A Conforming Commercial Earth Station.

    2. Permit Required. A permit prior to installation is required for the following
      types of antennas:
      1. A Small Antenna installed, maintained and used in a manner requiring
        a permit under the OBBC Antenna Regulations;
      2. An antenna in an Historic District or upon a Historic Landmark (see
        Section 1207.18); or
      3. A Satellite Earth Station.

  3. Restrictions
    1. Compliance required. All antennas must comply with the applicable
      regulations in this section, regardless of whether a permit is required. The
      regulations stated in the Table in Section 1207.16(e), below, apply to the
      indicated types of antennas. Exception: The regulations do not apply to an
      antenna located within a building.

    2. Designated Small Antenna Regulations. The City Manager shall designate all
      other regulations from codes other than this section that apply to Small
      Antennas, by listing them on a document to be made readily available to
      antenna users. The City Manager shall only include those regulations which
      are: (i) necessary to accomplish a clearly defined safety objective, and (ii) no
      more burdensome to affected antenna users than is necessary to achieve the
      stated objective. The City Manager shall state each such safety objective in
      the document. A copy of this section shall also be made readily available to
      antenna users. The regulations stated in the document, plus any others made
      applicable by this section, are the only City regulations applicable to Small
      Antennas.

    3. Notification. The City must be notified within thirty (30) days of the
      installation of any antenna not otherwise requiring a permit prior to
      installation on a form provided by the Department of Community
      Development.

    4. Conforming Commercial Earth Stations. Conforming Commercial Earth
      Stations must comply with Chapter 1444 of the City of Hudson Codified
      Ordinances.

    5. OBBC Antenna Regulations and Ohio Fire Code. Small Antennas and
      Satellite Earth Stations must comply, where applicable, with Section 3109.0 of
      the OBBC and Section 1301:7 of the Ohio Fire Code, which are specifically
      incorporated into the Codified Ordinances of Hudson pursuant to Sections
      1414.01 and 1610.01, respectively.

    6. Regulations Specific to Satellite Earth Stations:
      1. A free-standing antenna shall not be constructed in any front or side
        yard, but shall be constructed to the rear of the primary structure.
        Roof-mounted antennas are prohibited unless construction of a freestanding
        antenna in the rear yard materially limits transmission or
        reception. If roof-mounted, antennas shall be mounted only upon the
        portion of the roof of a primary structure that faces the rear yard or on
        an accessory structure in the rear yard, as defined in this Zoning Code.
      2. No antenna, including its concrete base slab or other substructure,
        shall be constructed less than fifteen (15) feet from any property line
        or easement.
      3. An antenna shall be placed to reasonably conceal the antenna from
        views from neighboring properties and public rights-of-way.
      4. An antenna, if ground-mounted, shall not exceed a grade height of
        fifteen (15) feet. If roof-mounted, its height shall not exceed sixteen
        (16) feet above the roof upon which it is mounted in a nonresidentially-
        zoned district. In residentially-zoned districts, the height of
        a roof-mounted antenna shall not exceed the maximum height of the
        roof upon which it is mounted. In any event, a roof-mounted antenna
        shall not exceed a height equal to the maximum permissible height of
        a building in the zoning district in which it is located.
      5. An antenna shall not exceed three (3) meters in diameter.
      6. The connection between a ground-mounted antenna and its receiving
        and/or transmitting equipment shall be placed at least four (4) inches
        beneath the surface of the ground.
      7. Any driving motor shall be limited to one hundred twenty (120) volts
        maximum power design and shall be encased in protective guards.
      8. An antenna must be grounded.
      9. No sign or advertising shall be displayed on the antenna.

  4. Variances.
    In addition to its other powers, the BZBA may grant a variance for an antenna, if: (1)
    the BZBA finds that the intended function of the antenna would be adversely affected,
    in some significant way, if the antenna had to be constructed in accordance with the
    provisions of this section, or (2) the variance is necessary to harmonize the City's
    ordinances and federal laws, rules or regulations. A variance under this section does
    not require a showing of unnecessary hardship.

  5. Table
    In the following table, "X" means that the regulation applies to the indicated type of
    antenna, and "N/A" means that it does not apply. The numbered notes are integral
    parts of this table and the regulation.

Section 1207.17    Signs

  1. Purpose
    The purpose of this Section is to promote the public health, safety and welfare through the
    provision of standards for existing and proposed signs of all types. More specifically, this
    Section is intended to:
    1. Enhance and protect the physical appearance of the community.

    2. Promote and maintain visually attractive, residential, retail, commercial and
      industrial districts.

    3. Ensure that signs are located and designed to reduce sign distraction and confusion
      that may be contributing factors in traffic congestion and accidents, and maintain a
      safe and orderly pedestrian and vehicular environment.

    4. Provide review procedures that enable the City to comprehensively evaluate the
      appropriateness of a sign to the site, building and surroundings.

    5. Prohibit all signs not expressly permitted by this Section.

  2. Application of Sign Regulations
    1. The regulations contained in this Section shall apply to signs outside of the public
      right-of-way, except when specifically stated otherwise.

    2. A sign may only be erected, established, painted, created or maintained in Hudson
      in conformance with the standards, procedures, exemptions and other requirements
      of this Section.

    3. In addition to the regulations contained in this Section, all permanent signs shall
      comply with the sign design guidelines set forth in the Architectural and Design
      Standards.

    4. Architectural Features. Architectural features that are either part of the building or
      part of a freestanding structure are not considered signs and are thus exempt from
      these regulations. Architectural features include:
      1. Any construction attending to, but not an integral part of the sign, and
        which may consist of landscape or building or structural forms that
        enhance the site in general.

      2. Graphic stripes and other architectural painting techniques applied to a
        structure that serves a functional purpose or to a building when the stripes
        or other painting technique do not include lettering, logos or pictures.

  3. Computations and Rules of Measurement
    The following regulations shall control the computation and measurement of sign area, sign
    height, window area and building frontage:
    1. Determining Sign Area or Dimension.
      1. Sign area shall include the face of all the display area of the sign. Sign
        area shall not include the frame and structural support unless such
        structural support is determined to constitute an integral part of the sign
        design.

      2. For a sign that is framed, outlined, painted or otherwise prepared and
        intended to provide a background for a sign display, the area of the sign
        shall be the area of one (1) rectangular shape that encompasses the entire
        background or frame.

      3. For a sign comprised of individual letters, figures or elements on a wall or
        similar surface of a building or structure, or an irregular shaped ground
        sign, the area of the sign shall be the area of one (1) rectangular shape
        that encompasses the perimeter of all the elements in the display.
        1. 1. When separate elements are organized to form a single sign, but the
          elements are separated by open space, the area shall be the area of one
          (1) rectangular shape that comprises all the display areas, including the
          space between the elements.

        2. 2. One minor protrusion may be permitted to extend above or below the
          sign area when the area of the protrusion is less than 25% of the open
          space included in the sign area. For the purposes of this section, only
          the open space within the sign area that is located above and below the
          majority of the letters shall be included in the calculation. See Figure 1.
      4. For ground signs and projecting signs:
        1. 1. The sign area shall be computed by the measurement of one (1) of the
          faces when two (2) identical display faces are joined, are parallel or
          within 30 degrees of being parallel to each other and are at no point
          separated by a distance that exceeds two feet apart.
        2. 2. No more than two display faces shall be permitted.
        3. 3. The portion of a solid sign base that is mostly screened by
          landscaping, up to a maximum height of two (2) feet, shall not be
          calculated as sign area.

      5. Air under a ground sign between supporting posts, air between a
        projecting sign and the wall to which it is attached, and lighting fixtures
        and associated brackets shall not be included in the calculation of sign
        area. See Figure 2.
    2. Determining Sign Height. The height of a sign shall be measured from the
      average natural grade at the base of the sign or support structure to the tallest
      element of the calculated sign area. A ground sign on a man-made base,
      including a graded earth mound, shall be measured from the average site grade
      prior to the addition of the sign.

    3. Determining Building Frontage and Building Unit. For the purposes of these sign
      regulations, the length of the building wall that faces a public street or that
      contains a public entrance to the uses therein shall be considered the building
      frontage.
      1. The building frontage shall be measured along such building wall
        between the exterior faces of the exterior side walls.
      2. In the case of an irregular wall surface, a single straight line extended
        along such wall surface shall be used to measure the length.
      3. A building shall have only one building frontage except as otherwise set
        forth below.
      4. A building shall have two frontages whenever the lot fronts on two or more
        streets, or the building has a public entrance on a wall other than the wall
        that faces the street. The property owner shall determine which wall shall
        be the primary building frontage and which wall shall be the secondary
        building frontage. Only one outside wall of any business shall be
        considered its primary frontage and only one additional wall considered its
        secondary frontage.
      5. For multi-occupant buildings, the portion of a building that is owned or
        leased by a single occupant shall be considered a building unit. The
        building frontage for a building unit shall be measured from the centerline
        of the party walls defining the building unit.

    4. Determining Window Area. The window area of a building shall be the total
      glass area of windows on the building frontage. For the purposes of determining
      window area for ground floor occupants, the ground floor shall be considered to
      be no more than fifteen (15) feet in height above grade.

  4. Signs in Nonresidential Districts
    Signs in nonresidential districts (Districts 5, 6, 7, 8, 9, and 10) shall conform to the
    standards set forth in this subsection, except for residential uses which shall comply with
    the standards set forth in subsection 1207.17(e).
    1. Maximum Number and Area of Permanent Signs Attached to Buildings.
      Permanent signs attached to buildings shall conform to the maximum number and
      area limitations set forth in Table 1207.17(d)(1). In addition to the sign area
      permitted in Table 1207.17(d)(1), each building shall be permitted to display
      numerals indicating the building’s street address, provided the numerals and
      letters do not exceed 4 inches in height.


    2. Building Signs. The building sign permitted in Table 1207.17(d)(1) shall be
      either a wall sign, awning sign or window signs erected in compliance with the
      following additional regulations.
      1. Window Sign
        1. 1. Ground Floor Occupants. Notwithstanding the permitted number and
          area set forth in Table 1207.17(d)(1), window signs shall not exceed
          25 percent of the total glass area of the ground floor windows and shall
          comply with the design standards for signs set forth in Part V of the
          Architectural and Design Standards. An identical sign may be
          approved and displayed in more than one ground floor window at the
          same position of height and placement.
        2. 2. Upper Story Occupants. For a multi-story building, each occupant
          above the ground floor shall be permitted one permanent sign to be
          placed in a window of the occupant's space, not to exceed six (6)
          square feet or 25 percent of the area of the window in which the sign is
          placed, whichever is smaller. These signs shall be in addition to the
          maximum allowable area for building signs pursuant to Table
          1207.17(d)(1).

      2. Awning Signs. Awning signs may be permitted to extend over a public
        right-of-way provided such awning signs comply with the regulations of
        this Section.

      3. Corner Lots and Public Entrances Not Fronting a Street. The maximum
        allowable area for building signs set forth in Table 1207.17(d)(1) shall be
        the area allowed for the occupant’s primary frontage. In the event an
        occupant has a secondary frontage as defined in Section 1207.17(c)(3)
        additional sign area shall be permitted in compliance with the following:
        1. 1. The sign area for the secondary building frontage shall be 60 percent
          of the sign area permitted for the primary frontage.
        2. 2. The property owner may choose to locate the permitted building sign
          area on any exterior building wall provided the sign area on any one
          wall does not exceed the formula set forth in Table 1207.17(d)(1) and
          signs are attached to no more than two (2) exterior walls.

      4. Large Building Setbacks. The maximum allowable area for a building
        sign may be increased by 25% for each 100 feet or fraction thereof of
        building setback when the principal building is located more than 100
        feet from the principal street on which the building is located and the
        building is visible from the street, not to exceed 200% of the maximum
        allowable area.

      5. Illumination. Building signs shall be illuminated only in compliance
        with Section 1207.17(g).

    3. Projecting Signs
      1. Projecting signs shall be limited to occupants that have a minimum of 12
        feet of occupant frontage.
      2. All projecting signs shall have a maximum height of 14 feet and a
        minimum clearance of seven (7) feet from the ground to the bottom of
        the sign, except when the projecting sign is located above a landscaped
        area or other area that does not permit pedestrian traffic beneath the sign.
      3. A projecting sign may be permitted to extend into the street right-of-way
        provided such sign extends no closer than one (1) horizontal foot to the
        curb.
      4. Illumination. Projecting signs shall be illuminated only in compliance
        with Section 1207.17(g).

    4. Permanent Ground Signs. Permanent ground signs permitted in nonresidential
      districts shall comply with the following regulations:
      1. Maximum Number, Area and Height, Minimum Setback of Permanent
        Ground Signs. Permanent ground signs shall comply with the maximum
        number, area and height limitations and minimum setback from the street
        right-of-way set forth in Table 1207.17(d)(4).


      2. Additional Ground Signs. One additional primary ground sign shall be
        permitted for every 500 feet of street frontage or fraction thereof per lot
        greater than 500 feet. For corner lots, each street frontage shall be
        calculated separately. Ground signs on the same lot shall be separated by
        a minimum of 200 feet, as measured along the street right-of-way line.
        For corner lots, both sides of the intersection shall be used in measuring
        spacing.

      3. Minimum Sign Setback from Intersection. On corner lots, ground signs
        shall comply with the minimum sign setback from both streets right-ofway,
        as set forth in Table 1207.17(d)(4).

      4. Minimum Sign Setback from Side Lot Lines. Ground signs shall be
        located a minimum of 15 feet from any side lot line, except that when a
        side lot line coincides with a District 1, 2, 3, or 4 boundary line or a lot
        used for residential purposes, the minimum setback shall be 30 feet.

      5. Support Requirements. Ground signs that exceed two (2) square feet in
        area shall be erected with a minimum of two supporting posts or on a
        solid base.

      6. Landscaping. Ground signs shall be erected in a landscaped setting and
        not on sidewalks, drives or in parking lots. Neither the landscaping nor
        the ground sign shall obstruct the view of vehicles entering or exiting the
        property.

      7. Changeable Copy. Ground signs may have up to 30% of the sign area set
        forth in Table 1207.17(d)(4) devoted to changeable copy.
        1. The changeable copy shall not be changed more than once per day.
        2. Changeable copy may be either computer driven or manually changed.
        3. All changeable copy shall comply with the lettering style, lettering
          color, background color and all other elements approved by the
          AHBR. No alphabetic letter or number shall be used as a substitute for
          a different alphabetic letter or number or a different color of letter.

      8. Multi-Occupant Facilities. When a ground sign is permitted on a site that
        has more than one occupant, it is the property owner’s responsibility to
        determine if the sign area shall be devoted to identification of the
        building(s), the anchor occupant, all occupants, or some combination
        thereof.

      9. Illumination. Ground signs shall be illuminated only in compliance with
        Section 1207.17(g).

    5. Instructional Signs. Instructional signs that are clearly intended for instructional
      purposes shall be permitted as needed provided such signs comply with the
      following:
      1. The signs are not larger than necessary to serve the intended instructional
        purpose;
      2.  The number of instructional signs located on the site are the minimum
        needed to serve the intended instructional purpose;
      3. Lettering on the sign does not exceed two (2) inches in height; and
      4. The signs are not in a location and do not possess design characteristics
        that constitute or serve to attract attention beyond the perimeter of the
        site.

    6. Temporary Signs In Nonresidential Districts. The following regulations for
      temporary signs in nonresidential districts are in addition to the maximum sign
      area set forth in Tables 1207.17(d)(1) and 1207.17(d)(4).
      1. Temporary signs may be ground signs, window signs or banner signs.

      2. The total area of temporary window signs shall not exceed 25% of the
        total transparent glass area of the window in which the sign is placed.

      3. The total maximum number and area permitted for temporary ground
        signs and temporary banner signs shall be regulated based on the district
        in which the lot is located. Note: Pursuant to subsection (c)(1)(D)(1),
        only one side of a two-sided temporary sign is considered in calculating
        the maximum area of a two-sided sign.
        1. In Districts 5 a maximum of two (2) signs per parcel shall be permitted
          provided the total area of all temporary ground signs and temporary
          banner signs shall not exceed ten (10) square feet per parcel.
        2. In Districts 7, 9 and 10, a maximum of two (2) signs per parcel shall
          be permitted provided the total area of all temporary ground signs and
          temporary banner signs shall not exceed twenty (20) square feet per
          parcel.
        3. In Districts 6 and 8, a maximum of four (4) signs per parcel shall be
          permitted provided the total area of all temporary ground signs and
          temporary banner signs shall not exceed 32 square feet per parcel.

      4. Temporary ground signs shall have a maximum height of eight (8) feet
        and shall be located a minimum distance from the public right-of-way
        that is equal to the height of the sign.

      5. One temporary ground sign permitted in subsection 1207.17(d)(6)(C)
        may be erected for an unspecified time. All other temporary ground
        signs and temporary banner signs shall be permitted for a maximum of
        15 consecutive days, and not more than a total of 75 days per calendar
        year.

      6. Temporary signs that are erected in order to announce or advertise a
        specific event shall be removed within seven (7) days after the close of
        such event.

  5. Signs for Residential Uses and in Residential Districts
    Signs for all residential uses and for nonresidential uses in residential districts shall
    comply with the regulations set forth in this Subsection.
    1. Sign Standards. Signs for all residential uses and for nonresidential uses in residential
      districts shall be limited in number, area, height and setback based on the type of use, as
      set forth in Table 1207.17(e)(1).


    2. Supplemental Regulations for All Ground Signs.
      1. Ground signs that exceed two (2) square feet in area shall be erected with
        a minimum of two supporting posts or on a solid base.

      2. Ground signs shall be erected in a landscaped setting and not on
        sidewalks, drives or in parking lots.

      3. No part of a ground sign, the wall or entry feature on which a sign is
        mounted, or the landscaping shall obstruct the view of vehicles entering
        or exiting the property.

      4. For residential subdivisions, the ground sign shall have a maximum of
        two sign faces per entrance and be either a double-faced ground sign or 2
        single-sided sign faces attached to walls or entry features located one on
        each side of the street entrance.

      5. For nonresidential uses, one additional primary ground sign shall be
        permitted for every 500 feet of street frontage or fraction thereof per lot
        greater than 500 feet. For corner lots, each street frontage shall be
        calculated separately. Ground signs on the same lot shall be separated by
        a minimum of 200 feet, as measured along the street right-of-way line.
        For corner lots, both sides of the intersection shall be used in measuring
        spacing.

      6. For nonresidential uses, a maximum of 30% of the permitted ground sign
        area may be devoted to changeable copy.
        1. The changeable copy shall not be changed more than once per day.
        2. Changeable copy may be either computer driven or manually changed.
        3. All changeable copy shall comply with the lettering style, lettering
          color, background color and all other elements approved by the
          AHBR. No alphabetic letter or number shall be used as a substitute for
          a different alphabetic letter or number.

    3. Supplemental Regulations for Temporary Signs:
      1. Temporary signs for residential uses and temporary window signs for
        nonresidential uses permitted in Table 1207.17(e)(1) may be erected for
        an unspecified time.
      2. For nonresidential uses, one temporary ground sign that does not exceed
        ten (10) square feet per sign side may be erected for an unspecified time.
        All other temporary ground signs and temporary banner signs shall be
        permitted for a maximum of 15 consecutive days, not more than 75 days
        per calendar year.
      3. Notwithstanding subsections (A) and (B) above, vacant parcels in
        residential districts shall be permitted one temporary sign that may be
        erected for an unspecified time. The permitted sign area shall be ten (10)
        square feet for every 200 feet of lot frontage or fraction thereof, provided
        the sign shall not exceed 32 square feet.
      4. Temporary signs that are erected in order to announce or advertise a
        specific event shall be removed within seven (7) days after the close of
        such event.

    4. Illuminated Signs in Residential Districts. Permanent signs shall be permitted to
      be illuminated, provided such illumination complies with Section 1207.17(g).

    5. Instructional Signs. Instructional signs that are clearly intended for instructional
      purposes shall be permitted as needed on a lot in a residential district when the lot
      is devoted to a multi-family or nonresidential use provided such signs comply
      with the following:
      1. The signs are not larger than necessary to serve the intended instructional
        purpose;
      2. The number of instructional signs located on the site are the minimum
        needed to serve the intended instructional purpose;
      3. Lettering on the sign does not exceed two (2) inches in height; and
        The signs are not in a location and do not possess design characteristics
        that constitute or serve to attract attention beyond the perimeter of the
        site.

  6. Prohibited Signs
    All signs not expressly permitted in this Section shall be prohibited in the City. Such
    signs include but are not limited to the following:
    1. Roof Signs;

    2. Billboards;

    3. Flags intended for advertising or commercial purposes;

    4. Marquee signs;

    5. Electronic reader boards;

    6. Kiosk signs;

    7. No mobile signs shall be erected, constructed, displayed or maintained except
      those on licensed commercial delivery and service vehicles. Such vehicles shall
      not be parked in any district closer to the street than the front line of the principal
      building, unless the principal building has a rear parking area; in which case, all
      such vehicles shall not be parked closer to the street than the rear line of said
      building.

    8. Temporary directional signs, other than Municipal or emergency signs or those
      temporary signs as may be approved by City Council.

    9. Flashing, moving, inflatable, blinker, racer type, intermittent, rotating, moving or
      revolving signs, whirligig devices, tethered inflatable signs, pennants, ribbons,
      streamers, spinners, exposed light bulbs, and strings of lights not permanently
      mounted to a rigid background, and other similar types of attention-getting
      devices.

    10. The interior illumination of signs, except as expressly permitted in Subsection
      1207.17(g)(1)(B) and signs with characters, letters, figures, designs or outlines by
      electric lights or luminous tubes as part of the sign.

    11. Merchandise, equipment, products, vehicles or other items not themselves for sale
      and placed for attention getting, identification or advertising purposes.

    12. Permanent signs erected or attached to accessory structures.

  7. Sign Illumination, Construction and Maintenance Standards
    In addition to ensuring compliance with the numerical standards of these regulations, the
    AHBR shall consider the proposed sign according to the following standards:
    1. Illumination. Signs shall be permitted to be illuminated in compliance with the
      following:
      1. External Illumination: All signs that are permitted to be illuminated as
        enumerated in subsections (d) and (e) above shall be externally
        illuminated, except as otherwise permitted in subsection (B) below and
        the external illumination shall comply with the following:

        1.     Only direct lighting from an external source shall be used to illuminate
                 the sign.
        2.     The source of light shall not be visible from the street or adjacent
                 property.
        3.      No variances to this Subsection 1207.17(g)(1)(A) shall be sought or
                 granted.

      2. Internal Illumination:
        1.      Internal illumination of signs shall only be permitted for an
                 existing ground sign used by two or more occupants on a lot in
                 Districts 7 and 8 that fronts on Darrow Road provided the lot is
                 occupied by a legally permitted use(s) and the existing sign(s) for
                 the use(s) is internally illuminated on the effective date of this
                 provision, which effective date is September 4, 2002.

                 (i)     All existing internally illuminated ground signs described
                          in Subsection B(1) above shall be removed or comply with
                          Subsection 1207.17(g)(1)(A) when five years have elapsed
                          from the effective date of this provision as set forth in
                          Subsection 1207.17(g)(1)(B)(1).     
                 (ii)     Within said five-year period an occupant of the lot may be
                          permitted by the AHBR to replace an individual sign panel
                          in an existing internally illuminated ground sign described
                          in Subsection B(1) above, when the individual sign panel is
                          consistent in design with the existing type of sign(s). This
                          Subsection (ii) is, however, subject to the provisions of
                          Subsection (h) “Regulations for Nonconforming Signs”
                          below.

                2.      Internal illumination of signs shall be permitted for wall signs in
                         Districts 6 and 8 on buildings larger than 100,000 square feet of
                         gross floor area where the sign and the building wall it is attached
                         to are set back more distant than 500 feet from the nearest edge of
                         the public street or highway right-if-way to which the sign is
                         oriented. Generally, that orientation is the street or highway
                         frontage that is parallel to the wall with the sign. Where internal
                         illumination is permitted under this subpart 2, the illumination
                         shall be contained within individual letters, numbers and figures
                         and a box type of illumination is not permitted.

        C.      Signs shall not include animated, flashing, moving or intermittent
                  illumination in which any part of the message changes at a rate of more
                  than once per day.

        D.     Light shall not be from a colored light source.

        E.     All illumination shall be extinguished by 10 p.m. or at close of business,
                whichever is later.

        F.     No temporary sign shall be illuminated or have the potential to be
                illuminated.

        G.     See also Section 1207.14 “Exterior Lighting” for additional requirements
                as described in Items (c) “Lighting Levels” and (d) “Design Standards”.

    2.   Construction Standards.

               A.     The construction, erection, safety and maintenance of signs shall comply
                        with the Ohio Building Code.

               B.      Signs shall be structurally sound and located so as to pose no threat to
                        pedestrian or vehicular traffic.

               C.     Permanent signs shall be constructed and erected to withstand wind
                       pressures of at least 30 pounds per square foot of surface, and shall be
                       fastened, suspended or supported so that they will not be a menace to
                       persons or property.

               D.     Permanent signs shall be fabricated on and of materials that are of good
                       quality and good durability.

               E.     No sign shall be erected so as to project over and obstruct any window,
                      door, fire escape, balcony, platform, stairway, ladder, vent or other
                      means of ingress of any building.

               F.     No sign shall be attached to a utility pole, tree, trash receptacle, bench or
                       other structure not intended or approved as a sign support.

               G.     Temporary signs shall be durable and weather-resistant and fastened or
                        anchored sufficiently, whether attached to the building or positioned in
                        the ground.

               H.      No sign regulated by any of the provisions of this Section shall be
                        erected in the right-of-way, in proximity to railroad crossings, or at the
                        intersection of any streets in such a manner as to obstruct free and clear
                        vision; or at any location where, by reason of the position, shape, or
                        color, it may interfere with, obstruct the view of, or be confused with,
                        any authorized traffic sign signal or device as defined in the Manual of
                        Uniform Traffic Control Devices; or which makes use of the words
                        “STOP,” “LOOK,” “DANGER”, or any other word, phrase, symbol or
                        character in such a manner as to interfere with, mislead, or confuse
                        traffic.

                I.      No temporary sign shall have moveable lettering or lettering capable of
                        being moved or replaced.

         3.     Maintenance. All signs shall be maintained in accordance with the following:

                       A.     The property owner, occupant, or other person responsible for the sign
                                shall maintain the sign in a condition fit for the intended use and he or
                                she shall have a continuing obligation to comply with all building code
                                requirements.

                        B.     If the City Manager finds that any sign is unsafe, insecure, a menace to
                                the public; or constructed, erected, or maintained in violation of the
                                provisions of this Code, notice shall be given in writing by the City
                                Manager to the owner. The owner of the business shall, within 48 hours
                                of such notification, correct such unsafe condition or remove the sign. If
                                the correction has not been made within the 48 hours, the sign may be
                                removed or altered by the City to comply with these regulations at the
                                expense of the owner or occupant of the property upon which the sign is
                                located. The City Manager may cause any sign, which, in the City’s
                                opinion, creates a danger to persons or property to be removed
                                immediately and without notice.

                       C.      Whenever any sign, either conforming or nonconforming to these
                                regulations, is required to be removed for the purpose of repair,
                                refurbishing, or repainting, the same may be done without a permit or
                                any payment of fees provided that all of the following conditions are met:

                                1.    There shall be no alteration or remodeling to the sign face, lettering
                                       (except as otherwise permitted for changeable copy), sign base, sign
                                       support(s) or the mounting of the sign itself.
                                2.    There shall be no enlargement or increase in any of the dimensions of
                                       the sign or its structure.
                                3.    The sign shall be accessory to a legally permitted, conditional or
                                       nonconforming use.

                       D.     The City Manager may order any sign to be painted or refurbished
                               whenever needed to keep the sign in a neat and safe condition. All
                               supports, guys, braces and anchors for such signs shall be maintained in a
                               safe condition, and it shall be unlawful for the owners or person having
                               charge of such sign not to remove the same after receiving notice from
                               the City Manager.

                       E.     Any permanent sign which advertises a business no longer conducted on
                               the premises or fails to serve the purposes for which it was intended, or
                               evidences a lack of maintenance, shall be removed by the owner, agent,
                               or person having the beneficial use of the building, structure or land upon
                               which such sign is located, within ten (10) days after written notice by
                               the City Manager. Upon failure to comply with such notice within the
                               time specified in such order, the City Manager is hereby authorized to
                               cause removal of such sign, and any expense incident thereto shall be
                               paid by the owner of the property on which such sign is located. Any
                               temporary sign, found in violation of any part of this Section 1207.17
                               shall be removed immediately by the City Manager.

  (h)     Regulations for Nonconforming Signs

            (1)     Maintenance of Nonconforming Signs. Nonconforming signs shall be maintained
                     in good condition pursuant to Section 1207.17 and may continue until such sign is
                     required to be removed as set forth in this Section.

            (2)     Alteration, Relocation or Replacement of Nonconforming Signs. A
                     nonconforming sign shall not be structurally altered, relocated or replaced unless
                     it is brought into compliance with the provisions of this Section, except as
                     otherwise permitted in this Section.

            (3)     Reconstruction of Damaged Sign. If a sign face and/or its support is damaged to
                     the extent where the repair cost exceeds 50% of the replacement cost of the sign,
                     the sign shall be removed or brought into compliance with this Section. If the
                     repair costs do not exceed 50% of the replacement cost of the sign, the sign may
                     be repaired, subject to approval of consistency in design by the AHBR and
                     provided all repair work is completed within 60 days of the date the damage was
                     incurred.

            (4)     Termination. A legal nonconforming sign shall immediately lose it legal
                     nonconforming status, and therefore shall be brought into conformance with this
                     Section or removed, when any of the following occur:

                     (A)     The size or shape of the sign is changed; or 

                     (B)     The sign face (except otherwise permitted for changeable copy or the
                               ground signs described in Section 1207.17(g)(1)(B)) or sign structure is
                               altered; or

                     (C)     In addition to (A) and (B) above, all nonconforming internally
                               illuminated wall signs shall be removed and redesigned to comply with
                               Subsection 1207.17 (g)(1)(A) whenever one or more of the following
                               occur:
                               1.     The building is renovated or remodeled to the extent that more
                                       than 50% of the gross floor area is removed or replaced, or
                                       otherwise affected by renovation or remodeling; or
                               2.     The building is expanded and the total sign area permitted for the
                                       expanded building is more than 50% greater than the existing sign
                                       area; or
                               3.     There is a change in occupancy.

                     (D)     In addition to (A) and (B) above, all internally illuminated ground signs
                               shall be removed when five years have elapsed from the effective date of
                               this provision, which effective date is September 4, 2002.

            (5)     Historic Signs. The AHBR may grant exceptions to these standards whenever a
                     sign has been designated as a historic landmark pursuant to this Code.

   (i)     Administrative Provisions
            (1)     Compliance with this Section. No person shall erect, locate, move, alter, or
                     replace any sign or cause a sign to be located or maintained, unless all provisions
                     of this Section have been met.

             (2)    Signs Requiring a Zoning Certificate/Registration. To ensure compliance with
                     these regulations, a zoning certificate shall be obtained for all signs, unless
                     specifically exempted below. All temporary ground signs and banner signs
                     except ideological signs shall be registered with the Department of Community
                     Development. 

             (3)    Application Requirements.
                     (A)     An application for a zoning certificate shall be made to the City Manager
                               on the form provided and in the manner required.
                     (B)     When any person other than the owner of the property submits an
                               application, the owner of the property or a designated agent for the owner
                               shall also sign such application.

              (4)     Sign Review.
                     (A)     The AHBR shall review and act on applications for permanent signs that
                               exceed two (2) square feet, according to the standards set forth in this
                               Section and the review procedures for development plan review set forth
                               in Section 1203.
                     (B)     The City Manager shall review all temporary signs, except as otherwise
                               specifically exempted below.
                     (C)     The erection of the following signs shall not require a zoning certificate
                               provided that all applicable regulations of this Section are complied with:
                               (1)     Signplates for residential uses;
                               (2)     Temporary signs for dwelling units;
                               (3)     Temporary window signs;
                               (4)     Maintenance of existing signs in compliance with Section
                                        1207.17(g).

              (5)     Referral of Applications to the AHBR. The City Manager, upon receiving an
                       application, shall examine such plans, specifications and other data and the
                       premises upon which it is proposed to erect the sign or other advertising structure.
                       (A)     If it appears that the proposed sign is in compliance with this Section and
                                all other ordinances of the Municipality, the application shall be referred
                                to the AHBR, when its approval must be obtained before the zoning
                                certificate is issued.

                                1.     The AHBR has the discretion to waive the submission of any items as
                                        deemed appropriate.
                                2.     When approved by the AHBR, the application shall be returned to the
                                        City Manager, who shall issue the zoning certificate.
                                3.     If the work authorized under a zoning certificate has not been
                                        completed within six (6) months after the date of issuance, the permit
                                        shall City Manager shall not issue a zoning certificate in connection
                                        with any application referred to the AHBR for review unless the Board
                                        approves the same. The Board shall conduct such review as a matter
                                        over which it has original jurisdiction.

Section 1207.18    Zoning Development & Site Plan Standards for Districts 6 and 8

  1. General Provisions
    1. Purpose:
      These standards are to foster commercial and industrial
      development that is consistent with community standards for
      natural resource protection and quality design.
    2. Applicability:
      These standards shall apply to all development in Districts 6 and 8.
      To avoid duplication, the following sections of the Land Development
      Code are not rewritten into this section, but the following sections
      continue to apply to development in Districts 6 and 8.
            (A)      1207.10          Performance Standards
            (B)      1207.15          Telecommunication Facilities
            (C)      1207.16          Dish-Type Satellite Antennas
            (D)      1207.17          Signs
            (E)       1207.19          Special Development Standards
    3. Goals and Objectives:
      1. Preservation. It is the goal of these standards to preserve
        both the existing character and the natural environment of
        the City of Hudson to the maximum extent feasible. These
        standards define basic principles that, if followed, will
        create high quality commercial and industrial development
        while protecting fragile environmental conditions that
        presently exist.
      2. Predictability. These standards also provide review criteria
        that are predictable for the developer, planning staff, boards
        and commissions. They are not meant to be exhaustive but
        to provide a firm foundation for an integrated design
        process.
      3. Flexibility. These standards provide the framework for all
        types of development. They do not discriminate against,
        nor do they advocate for a certain type of development.
        They exist to guide all types of development on all types of
        sites.
      4. Timeliness. Early plan coordination with the Community
        Development Department is encouraged to make the
        review, approval, and permitting time as short as possible.

  2. Natural Resource Protection
    1. Purpose:
      The City encourages site design techniques that promote, preserve,
      and enhance the important aesthetic, biological, hydrologic,
      recreational, educational, and energy saving functions that its
      stream corridors, wetlands, and wooded areas provide.

    2. Maximum Impervious Surface Coverage:
      1. The maximum impervious surface coverage for
        commercial, industrial, and institutional uses shall be
        determined on a case-by-case basis, but in no case shall the
        maximum impervious surface coverage exceed 75% of the
        total gross area of the underlying lot or lots.
      2. Planned Developments. The maximum impervious surface
        coverage, including parking areas and accessory buildings
        and structures, shall be determined on a case-by-case basis
        based on the criteria set forth in subsection (3) below.

    3. Limits of Disturbance shall be established for each development to
      minimize site disturbance to the maximum extent feasible. The
      following criteria shall be considered when establishing these
      limits:
      1. Minimize visual impacts from and to the development and
        protect scenic views.
      2. Preserve significant trees or vegetation.
      3. Erosion prevention and control including protection of
        steep slopes and natural drainage channels.
      4. Protect aquifer recharge areas, and in particular areas lying
        within the one-mile and five-mile time of travel limits for
        the City of Hudson's designated Wellhead Protection Area.
      5. Stream corridor and wetland protection and buffering.
      6. Preserve wildlife habit.
      7. Avoid areas within the two highest quality ecological
        integrity classifications for any of the individual metrics or
        composite Index of Ecological Integrity.

    4. Limits of Disturbance – Development Standards and Guidelines:
      1. Construction Activity Permitted Inside the Limits of
        Disturbance. All construction activity shall be contained
        within the approved limits of disturbance. No construction
        activity shall be permitted prior to the approval of the
        required erosion and sedimentation control plan for the
        development.

      2. Construction Activity Permitted in Protected Areas Beyond
        the Limits of Disturbance.
        1. Restoration of previously disturbed or degraded
          areas.
        2. Utility installations and emergency public safety
          activities when such activities and installations
          cannot reasonably be contained within the Limits of
          Disturbance or other nearby developed areas.
        3. Construction of a multi-purpose trail that will
          provide public access for recreational purposes
          when such trail cannot reasonably be contained
          within the Limits of Disturbance or other nearby
          developed area.
        4. Enhancement of the habitat values and/or other
          natural resource values of an identified natural area.
        5. Landscaping including vegetation clearing, planting
          of lawns, and tree removal may occur in protected
          areas beyond the limits of disturbance with two
          exceptions: 1) trees with a diameter of nine (9”)
          inches or more at fifty-four (54”) inches above the
          ground shall not be removed and 2) trees and
          vegetation may not be removed in stream corridors
          and wetland setbacks, unless excepted under Tree
          and Vegetation Protection below.
        6. Installation of buffer yard areas as required along
          the perimeter of a lot that are outside the established
          limits of disturbance.

      3. Standards for Protection during Construction. Approved
        Limits of Disturbance shall be shown on the final site plan
        or subdivision plan. Limits of Disturbance shall be
        designated in the field prior to commencement of
        excavation, grading, or construction with orange fencing or
        other methods approved by City staff.

    5. Tree and Vegetation Protection.
      1. There may be areas on a development site either inside or
        outside of the Limits of Disturbance where trees are to be
        preserved. These areas are known as Tree Preservation
        Areas. Trees and groups of trees to be preserved within the
        Limits of Disturbance or within six feet of the Limits of
        Disturbance shall be protected during the entire
        construction period with orange fencing of a minimum
        height of four feet, secured with metal T-posts, no closer
        than six feet from the trunk of any tree or one-half the drip
        line, whichever is greater or other methods approved by
        City staff. The applicant shall be responsible for
        maintenance of the fencing at all times.

      2. Prohibited Activities within Tree Preservation Areas.
        1. Disturbance of soil, clearing, grubbing, grading, and
          stock-piling of soil or any other materials or
          equipment, or disposal of any fluids or other
          materials that may be harmful to the tree(s) or
          vegetation is prohibited.
        2. Change in site grade greater than six (6) inches
          within the drip-line of protected trees, or within
          three (3) feet of protected vegetation, such that
          drainage flows into or collects near protected tree(s)
          and vegetation is prohibited.

      3. Limits on Excavation near Preserved Trees. The
        installation of utilities, irrigation lines, or any underground
        fixture requiring excavation deeper than six inches shall be
        accomplished by boring under the root system of protected
        existing trees at a minimum depth of 24 inches. The auger
        distance shall be as set forth in the chart below:


      4. Exceptions. The following trees and vegetation shall be
        exempt from the requirements of this Tree and Vegetation
        Protection section:
        1. Dead, dying, or naturally fallen trees or vegetation
          as determined by the City.
        2. Trees or vegetation that are determined by the City
          to substantially obstruct clear visibility at driveways
          and intersections.
        3. Tree species that constitute a nuisance to the public
          such as Corkscrew Willow, Flowering Pear,
          Weeping Willow, Colorado Blue Spruce, and
          Austrian Pine.
        4. Trees that are removed from a large stand of trees or
          forests that are overly dense as part of a plan
          approved by a qualified forester and the City for the
          purpose of maintaining the health and viability of
          the stand of trees or forest.

    6. Wetland and Stream Corridor Protection:
      1. Boundary delineation. Stream corridor and wetland area
        delineation shall be performed by a qualified professional
        that has demonstrated experience necessary to conduct site
        analysis. Delineations shall be subject to the approval of
        the City Staff.

      2. Stream Corridor Boundaries. Stream corridors shall be
        delineated at the ordinary high-water mark as defined in
        Chapter 1213 of the Code. Stream corridors shall not
        include ditches that are commonly known to be irrigation
        ditches and that do not contribute to the preservation and
        enhancement of fisheries and wildlife.

                               
      3. Prohibited Activities. No person shall engage in any
        activity that will disturb, remove, fill, drain, dredge, clear,
        destroy, or alter any area, including vegetation within
        stream corridors, wetlands, and their setbacks except as
        approved by the federal or state government, or the
        Planning Commission in the case of non-jurisdictional
        wetlands.

      4. Compliance with applicable federal or state wetlands laws
        or regulations. The City shall not issue a zoning certificate
        for any development or activity, including subdivisions, in
        a wetland that falls within the federal or state government’s
        jurisdiction until all necessary federal approvals and
        permits have been obtained.
      5. Setbacks.
        (i)     Stream Corridors. All buildings, accessory
                structures, parking lots, grading and clearing shall
                be set back from the ordinary high-water mark of
                stream corridors. The minimum setback distances
                on each side of all streams are:
                a.   75 feet on streams draining an area greater
                      than 0.5 square miles (320 acres) and up to
                      20 square miles, or
                b.   50 feet on streams draining an area greater
                      than 0.05 square miles (32 acres) up to 0.5
                      square miles (320 acres), or
                c.   30 feet on streams draining an area less than
                      0.05 square miles (32 acres)

                               (ii)     Wetlands
                                        All buildings, accessory structures, parking
                                        areas or lots, and other paved areas shall be
                                                                                                                                                                                                                                                                                                       setback a minimum distance of 100 feet
                                        from the delineated edge of any Category II
                                        or III wetlands. Such 100 foot setback shall
                                        remain undisturbed except that in order to
                                        accommodate exceptional site conditions,
                                        the Planning Commission may permit
                                        limited grading, on a case-by-case basis, to
                                        within a distance of 50 feet from the
                                        delineated edge of any wetlands. All
                                        disturbed areas shall be restored with native
                                        plantings and landscaping. A setback is not
                                        required from a Category I wetland.

                                        b.    The Planning Commission may modify
                                               wetland setback regulation upon finding all
                                               of the following, as applicable:
                                                    1.  parcel existing at the time of the
                                                         effective date of this ordinance is
                                                         made unbuildable or cannot be put to
                                                         reasonable use without the
                                                         modification;
                                                   2.   The requested modification does not
                                                         impair the flood control, soil erosion
                                                         control, sediment control, water
                                                         quality protection, or other functions
                                                         of the wetland area, through the use
                                                         of best management practices. This
                                                         determination shall be based on
                                                         technical and scientific data;
                                                    3.  Practical alternatives to the proposed
                                                         activity are not available;
                                                    4.  No decrease in storm water
                                                         infiltration into the soil or wetland
                                                         area will occur;
                                                    5.  The modification will not increase
                                                         the likelihood for flood or erosion
                                                         damage to either the applicant’s
                                                         property or to other properties; and
                                                    6.  Culverting of watercourses is
                                                         avoided.

                             (iii)       Exceptions. The following structures and necessary
                                          grading may be excepted from these setback
                                          requirements provided construction and the area
                                          disturbed minimizes impact to the maximum extent
                                          feasible: 1) bridges over streams and the setback
                                          area, 2) storm water management wet basins within
                                          the setback area when native plants are used, and
                                          (3) utility crossings.

                               (iv)       Private Open Space/Landscaping Credit. All
                                           setback areas shall be credited toward any relevant
                                           private open space set-aside requirements or
                                           landscaping requirements.

    c.     Landscaping
            (1)    Purpose:
                    The purpose of these regulations is to provide minimum standards
                    involving the development of land to provide attractive views from
                    roads and adjacent properties; to screen from view visually
                    unattractive uses; to require screening between incompatible land
                    uses and to protect the health, safety, and welfare of the
                    community through the reduction of noise, air, and visual
                    pollution, and headlight glare.

              (2)     Applicability:
                       (A)     New Property Development. Landscaping requirements
                                 shall apply to all new property development.
                        (B)     Expansions of Existing Buildings and Parking Areas.
                                  Landscaping requirements are required only to the extent
                                  that the site improvement is visible from roads or adjacent
                                  property and will be based proportionately on the area of
                                  the footprint of the improvement, not the area of the total
                                  resulting footprint.

               (3)    Plan Review:
                       The applicant shall submit a landscape plan to the City for
                        approval as part of the site plan review or subdivision review
                        process. Landscape plans shall be prepared by a landscape design
                        professional practicing within the professional's area of
                        competence. No site plan, subdivision plat, or other development
                        plan shall receive final approval unless a landscaping plan meeting
                        the requirements of this section has been approved. No zoning
                        certificate shall be issued unless the installation pursuant to such a
                        plan has been secured by a letter of credit, cash escrow, or other
                        instrument acceptable to the City Solicitor, in an amount equal to
                        110% of the City-approved estimated cost of such installation.

               (4)     General Landscaping:
                        The landscape plan provides an opportunity to create and preserve
                        an identity for the specific site and community as a whole. The
                        plan shall show general landscaping of ground cover, shrubs, and
                        trees to make the site attractive in addition to meeting specific
                        enumerated standards.

                (5)    Bufferyard:
                         (A)     A landscape buffer shall be installed along the side and rear
                                   boundaries of the development lot or parcel adjacent to
                                   residentially zoned or used property. The landscape buffer
                                   must be Buffer yard “D” as depicted in Figure 1, unless the
                                   proposed use is industrial then the landscaping must be
                                   Buffer yard “E”. No structure shall be permitted within a
                                   required buffer yard other than a wall, fence, or earth berm.
                                   A driveway in the side yard that connects a paving area on
                                   the lot to the street shall not encroach into the buffer yard.




                         (B)     The buffer yard may include walls, fences, or earth berms.
                                  Where the minimum buffer yard depth is met and a four to
                                  six foot wall, fence, or earth berm is installed as part of the
                                  buffer yard, the required plant material may be reduced by
                                  no more than 15% in addition to reductions due to
                                  increasing the buffer yard depth.

               (6)     Street Trees:
                        The planting of street trees shall be required at the time
                         landscaping is installed. The tree species, spacing and location
                         shall be planned in consultation with the City Arborist. 
                         (A)     Generally tall trees, those reaching sixty feet or more at
                                   maturity, will be planted fifty feet apart, medium trees,
                                   those reaching between twenty and sixty feet at maturity,
                                   will be planted forty feet apart, and small trees, those
                                   reaching twenty feet or less at maturity, will be planted
                                   thirty feet apart.

                         (B)      The tree location shall be at least thirty feet from an
                                    existing stop sign or from the standard location of a stop
                                    sign at street intersections and ten feet from fire hydrants
                                    and utility poles.

                          (C)     A small tree shall be used when planting under or within
                                    ten lateral feet of overhead utility wires. A medium tree
                                    shall be used when planting within 20 lateral feet of
                                    overhead utility wires.

                  (7)     Landscaping Roadway Frontages:
                           The space between the building and adjacent public or private
                           street must be landscaped with a mixture of trees, shrubs, planting
                           beds and/or perennials in an area totaling at least 10% of the
                           minimum required front setback area.

                   (8)    Landscaping for Parking Lots:

                            (i)    For all land uses except industrial, parking lots
                                    containing more than 6,000 square feet of area or
                                    twenty (20) or more vehicular parking spaces shall
                                    provide interior landscaping.

                           (ii)     For every ten parking spaces, the applicant shall
                                    provide not less than one hundred sixty (160) square
                                    feet of interior landscaped parking lot areas with a
                                    minimum planting width of nine feet.

                            (iii)   Each landscape area shall contain at least one tree
                                    and four shrubs. (See Figure 3).


                                   (iv)     No individual landscape area shall be larger than
                                             500 square feet in size in parking areas less than                                                                           
                                             30,000 square feet and no individual area shall be
                                             larger than 2,000 square feet in parking areas over
                                             30,000 square feet. Individual landscape areas that
                                             are larger are permitted, but the area in excess of the
                                             maximum permitted in these areas may not be
                                             included in the total area required.

                         (B)      Perimeter Landscaping.
                                   (i)      Parking lots shall have perimeter landscaping in the
                                            front yards of all land uses between parking areas
                                            and adjacent streets and property lines.

                                   (ii)     The perimeter landscaping shall be a minimum
                                            width of ten feet and contain sufficient plant
                                            material that will achieve an effective, opaque
                                            screen of a height of at least three feet within two
                                            years of installation. The perimeter plantings shall
                                            also contain deciduous trees.

                                  (iii)     Perimeter landscaping is not required in addition to
                                            a required buffer yard. (See Figure 4)




                       (C)    Vehicle Overhang.
                                (i)      Parked vehicles may hang over landscape areas no
                                         more than two and one-half feet. Concrete or other
                                         wheel stops shall be provided to ensure no greater
                                         overhang into the landscaped area. (See Figure 5).

                               (ii)      Where parked vehicles will overhang, a four foot
                                         minimum spacing shall be provided from the edge
                                         of pavement to all trees.

             (9)      Screening of Service Structures and Equipment:
                       Screening shall be provided for service areas, trash receptacles,
                       ground or roof mounted mechanical equipment, storage areas,
                       ancillary equipment, loading and unloading areas, and other similar
                       accessory structures and uses. Walls, parapet walls, fencing,
                       berms, and planting material, or a combination of these screening
                       materials and methods can accomplish an effective all-season
                       enclosure.

            (10)      Landscape Materials and Specifications:
                       (A)      Landscaping shall be installed within six months of the
                                   completion of construction.
                       (B)      When walls, fences, or earth berms are used to fulfill
                                  screening requirements, they shall be detailed on the
                                  landscaping plan.
                       (C)      All plants are to be living and among the acceptable plants
                                  list identified in Appendix C: Recommended Planting List
                                  and Planting Specifications.
                       (D)     Minimum plant sizes at the time of planting:
                                  (i)     Large/medium sized deciduous trees shall have a
                                          minimum DBH of at least two inches when
                                          installed. Small sized deciduous trees shall have a
                                          minimum DBH of at least 1¼ inches.
                                  (ii)    Evergreen trees shall be a minimum of six feet in
                                          height.
                                  (iii)   Shrubs and hedges shall be at least eighteen inches
                                          in height or 24 inches in spread.
                        (E)     Any landscape material that fails to meet the minimum
                                  requirements of his section at the time of installation shall
                                  be removed and replaced with acceptable materials. All
                                  unhealthy or dead material shall be replaced within two
                                  years.

            (11)       Clear Sight Lines:
                         To insure that landscape materials do not constitute a driving
                          hazard, a clear sight triangle shall be observed at all street and
                          access drive intersections. Ground cover and trees with at least
                          eight feet of limbless trunk shall be permitted within the sight
                          distance triangle. In the case of a city street intersection, the






sight triangle shall consist of the area between points twenty
feet (20’) along both intersecting streets from their respective edge
of pavements. (See Figure 6 above.)

      (d)      Storm Water Management, Drainage, Storm Water Pollution Prevention,
                Utilities
                All development in Districts 6 and 8 must conform to storm water
                management, drainage, storm water pollution prevention, and utility
                standards set forth at Sections 1207.07, 1207.09, and 1207.11 and in the
                City's Engineering Standards for Infrastructure Construction.

       (e)     Off-Street Parking and Loading
                (1)    
Purpose:
                         The purpose of this section is to prevent or alleviate the congestion
                         of public streets, to minimize any detrimental effects of vehicular
                         use to adjacent properties, to enhance vehicular use areas with
                         landscape elements, and to promote the safety and welfare of the
                         public.
                 (2)   Applicability:
                        Any building, structure or use of land, when erected or enlarged,
                        shall provide for off-street parking and loading spaces for vehicles
                        in accordance with the following provisions:

                        A parking and loading plan shall be submitted for all uses as part
                        of the application for site plan review.
                        (A)     Whenever a building or use constructed or established is
                                  changed or enlarged such as to create a need for an increase
                                  of ten (10) percent to fifty (50) percent in the number of
                                  existing parking spaces, additional spaces shall be provided
                                  for the enlargement or change.
                         (B)    Whenever an existing building or use is enlarged to the
                                  extent of fifty (50) percent or more in floor area or in the
                                  area used, then the vehicular use area shall comply with the
                                  off-street parking requirements as set forth in this section
                                  for the resulting building or use size.

                   (3)          General Design Standards:
                         (A)    Buildings shall be set back from the edge of parking areas
                                  to provide for a sidewalk and landscape treatment in front
                                  of the building wall.
                         (B)    Where a sidewalk exists in a public right-of-way adjacent
                                  to a site, or is required to be constructed as part of
                                  development approval, a pedestrian connection shall be
                                  constructed from the building to the sidewalk in
                                  compliance with standards set forth in the American with
                                  Disabilities Act.
                         (C)    Driveways shall not be used as points of ingress and egress
                                  for individual parking spaces. Driveways shall be placed
                                  such that loading and unloading activities will not hinder
                                  vehicular ingress or egress. To the maximum extent
                                  feasible, provisions for circulation between adjacent parcels
                                  shall be provided through coordinated or joint parking
                                  systems to minimize curb cuts along the street.
                         (D)    Curb definitions shall be maintained, prohibiting
                                  continuous access along the frontage of the site.
                         (E)     Parking lots shall provide for adequate snow storage in
                                   areas that will not damage required landscaping or reduce
                                   the number of required parking spaces.
                         (F)      Land-banking of parking areas for potential future use is
                                   encouraged.

             (4)        Parking Space Requirements:
                        (A)      Each land use shall provide the minimum number of offstreet
                                   parking spaces based on the requirements set forth
                                   below or the requirements set forth in the Parking
                                   Generation Manual (Institute of Transportation Engineers,
                                   3rd Edition). The method of calculating off-street parking
                                   requirements shall be established by City staff during initial
                                   review of a development application.


                       (B)     Where building floor area is designated as the standard for
                                 determining parking space requirements, floor area shall be
                                 the sum of the gross leasable horizontal area of all floors.
                       (C)     Fractional numbers shall be increased to the next highest
                                 whole number.
                        (D)    At least one off-street parking space shall be provided on
                                 all premises.

               (5)     Location of Required Parking Spaces:
                        (A)    Off-street Parking. Required off-street parking spaces for
                                 any use shall be located on the same parcel as the use they
                                 are intended to serve, except where these regulations allow
                                 shared parking between uses on different lots pursuant to
                                 subsection (6) below.
                         (B)    Residential parking. No residential parking area shall be
                                 utilized for commercial vehicle parking.
                         (C)   Parking of Inoperable or Abandoned Vehicles. The
                                 parking or storage of inoperable, abandoned, or unlicensed
                                 vehicles is prohibited outdoors in all zone districts.

               (6)     Joint or Collective parking Facilities:
                        Shared parking facilities are strongly encouraged to reduce the
                        number of curb cuts and the amount of parking. The applicant
                        shall have the burden of proof for a reduction in the total number
                        of required off-street parking spaces, and documentation shall be
                        submitted substantiating their reasons for the requested parking
                        reduction. Shared parking may be approved if: 
                        (A)    A sufficient number of spaces are provided to meet the
                                 highest demand of the participating uses.
                        (B)     Evidence to the satisfaction of the Planning Commission,
                                 has been submitted by the parties operating the shared
                                 parking facility, describing the nature of the uses and the
                                 times when the uses operate so as to demonstrate the lack
                                 of potential conflict between them; and
                        (C)    Additional documents such as an easement, lease, deed
                                 restriction, or other agreement as may be deemed necessary
                                 by the Planning Commission are executed to assure that the
                                 required parking spaces provided are maintained and uses
                                 with similar hours and parking requirements as those uses
                                 sharing the parking facility remain for the life of the
                                 development.
                         (D)   Shared parking spaces shall be located no more than three
                                 hundred (300) feet from the uses they are intended to serve.

              (7)        Parking Lot Design:
                          Off-street parking must meet the handicapped, design, and paving
                          requirements set forth at Section 1207.12(j-o).

              (8)       Wheel Stops and Continuous Curb:
                         Wheel stops or continuous curb shall be provided to protect
                         required screening devices, landscaping, and pedestrian ways from
                         damage or encroachment of vehicles and to provide necessary
                         traffic control in the parking area.
                         (A)    Placement. The wheel stop or continuous curb shall be
                                  located a minimum of four feet (4’) from any structures,
                                  buildings, walls, or plant material, excluding ground cover.
                         (B)    Stall Dimensions. Where continuous curbs are used, the
                                  paved area of the required parking stall length may be
                                  reduced by two and one-half feet (2 ½’) provided that the
                                  vehicle overhang will not encroach on pedestrian
                                  circulation or the required setback for desirable plant
                                  growth. Where wheel stops are used, the paved area of the
                                  required parking stall length shall not be reduce.
               (9)      Off-Street Loading Requirements:
                         (A)    On the same lot with every building to be used for
                                  commercial/retail and industrial purposes, adequate space
                                  for standing, loading, and unloading of motor vehicles shall
                                  be provided to avoid interference with the public use of
                                  streets. Loading spaces shall not conflict with or overlap
                                  with the area used for off-street parking.
                         (B)     Plans and Design Standards.
                                   (i)     One (1) loading space shall be provided for all
                                            buildings having a gross floor area between ten
                                            thousand (10,000) square feet to twenty thousand
                                            (20,000) square feet.
                                    (ii)    One additional loading space shall be provided for
                                            every additional twenty thousand (20,000) square
                                            feet of gross floor area, provided that no such
                                            loading space occupies any part of a public street,
                                            alley, driveway or sidewalk.
                           (C)     General Standards for Off-Street Loading.
                                     Every loading space shall be designed, constructed, and
                                     maintained in accordance with the following standards and
                                     requirements:
                                     (i)    Location of Required Loading Spaces. Loading
                                            spaces shall be located on the same lot as the
                                            building or structure to which they are accessory.
                                            No loading space shall be located in or extend into
                                            any front yard.
                                     (ii)   Dimensions. No required loading space shall be
                                            less than twelve feet (12’) in width or thirty-five
                                            feet (35’) in length or have a vertical clearance of
                                            less than fourteen feet (14’).
                                    (iii)   Access. Loading spaces shall be designed and
                                            arranged to provide access to a street or alley in a
                                            manner that will create the least possible
                                            interference with traffic movement and parking lot
                                            circulation.

(f)      Access, Circulation, and Pedestrian Linkage
          (1)      Industrial Vehicular Circulation and Access Objectives:
                    (A)    Circulation. The street, access, and parking system in any development shall provide for safe and functional
                             movement of traffic onto, off of, and within the site. In addition, the site plan should minimize the number of curb
                             cuts, and all circulation should minimize the number of vehicular turning movements and points of vehicular
                             conflict, particularly at points of access to and from the site.
                    (B)     Access. All new commercial and industrial development and changes in usage in non-residential structures shall
                             refer to the “Guideline Manual for the Preparation of a Traffic Impact Study” on file at the City's Department of
                             Community Development, and if required by the Manual, prepare and submit a traffic impact study in accordance
                             with the provisions therein. All developments required to prepare a traffic impact study shall demonstrate compliance
                             with following level of service standards:
                             (i)     Existing levels of service at peak hour are
                                     maintained on all arterial and collector roads and at
                                     all intersections within one-quarter (1/4) mile of the
                                     site or that such level of service shall not fall below
                                     Level of Service (LOS) C as outlined in the
                                     ransportation Network Traffic Model Analysis
                                     dated November 4, 1996, or otherwise
                                     recommended pursuant to a traffic corridor study
                                     adopted by the City of Hudson. However, if the
                                     LOS on streets adjacent to the site or within onequarter
                                     (1/4) mile thereof is currently below LOS C,
                                     then the applicant shall demonstrate that the LOS
                                     will not fall below the current level.
                             (ii)    All developments required to prepare a traffic
                                     impact study shall also provide an overall access
                                     management plan that demonstrates free-flowing
                                     access to the site and avoids unsafe congestion
                                     conditions on adjacent public roads and streets.
                             (iii)   The Planning Commission may waive these
                                     requirements upon a showing by the applicant that
                                     the impact of the proposed development on roads
                                     and intersections will be de minimis.
                             (iv)   An applicant or developer shall provide roadway
                                     improvements as required by the City to maintain or
                                     improve the level of service of an arterial or
                                     collector street shown by the traffic impact study to
                                     be adversely affected by the proposed development.

       (2)     Site Access:
                Site access should be located to ensure the safest and most efficient service and shall meet the following guidelines,
                which shall be based upon, but not limited to, the results of a traffic impact study, and recommendations of the City
                Engineer.
                (A)     The operator of a vehicle approaching an intersection should have an unobstructed view of
                          both the intersection and all the intersecting roads;
                 (B)     Curb cuts and new intersections for development along arterial and collectors streets should be a
                           minimum of 400 lineal feet from any intersection.
                 (C)     All intersecting roads should meet at or near 90-degree angles.
                 (D)     The number of drive openings and curb cuts should be kept to a minimum.
                 (E)      Road improvements including right-in/right-out only and acceleration/deceleration lanes that could
                            ease traffic congestion on public right-of-way may be required.
       (3)      Emergency Access:
                 Provision for adequate emergency access must be provided as set forth at Section 1207.12(c)(9)(J).
       (4)     Pedestrian Walkways:
                Pedestrian walkways, including lanes that allow for safe passage through parking lots, should be provided and
                clearly defined. Definition may be made by landscaping or pavement changes.

(g)     Exterior Lighting
         
Purpose:
          The intent of this section is to ensure that the functional and security needs of the project are met in a way that does not
           adversely affect the adjacent properties or neighborhood.
           (2)     Applicability:
                   (A)     All nonresidential development shall submit for approval an exterior lighting plan.
                   (B)     Nonresidential development of less than 5,000 square feet of gross floor area and parking lots or parking lot
                             expansions of less than 25% or 20 parking spaces, whichever is less, is exempt from the lighting levels of
                             Table 1207.14(c) provided each light fixture has a maximum 100 watts for pole heights of 16 feet or less and a
                             maximum 250 watts for pole heights of 16 – 25 feet. The exemptions for outdoor recreational uses at Sections
                             1207.14(b)(5) also apply. 
           (3)     Lighting Levels:
                    (A)     Lighting used to illuminate buildings, parking lots, walkways, or the landscape, shall be evaluated during the
                              site plan review process.
                    (B)     The amount of nuisance glare (light trespass) projected onto a residential use from another property shall not
                              exceed 0.1 vertical foot-candles at the property line.
                    (C)      The horizontal illumination as measured horizontally as average foot-candles shall not exceed the limits specified in
                               the following table. All standards are maximums unless otherwise stated.


         (4)     Design Standards:
                 (A)     Glare shall be controlled at all times through proper equipment selection, careful aiming, and limits on
                           brightness.
                           (i)     Full cutoff, cutoff, or semi-cutoff light fixtures shall direct light toward the ground. The light source
                                   shall not be visible from the property line.
                           (ii)     Non-cut-off light fixtures shall limit the maximum initial lumens generated by each fixture not to exceed 2,000 lumens.
                           (iii)     Building façade lighting shall be located, aimed and shielded to direct light only onto the building façade.
                  (B)     Light fixtures shall be mounted on concrete or painted metal poles no higher than forty-five (45) feet.

(h)     Industrial Building Design
         (1)     General:
                  Along with the site plan, the design of the structure establishes not only the overall appearance of the development, but also the
                  development’s contribution to the character of the City. The design for the industrial structure should have elements which are
                  interrelated and ordered. This order relates the structure to the site, to neighboring sites, and to the City as a whole.

          (2)    Massing and Proportions:
                  (A)     Efforts must be made to reduce the overall visual impact for large industrial structures. This may be accomplished
                            by utilizing topography in the form of berming, landscaping, or architectural solutions that give the illusion
                            of an apparently smaller mass.
                  (B)      The size and proportion of window and wall openings in a structure should be related to one another and the spaces
                             between them within the overall development of the façade.
          (3)     Viewscapes and Materials:
                   (A)     Structures should be designed as single architectural entities rather than a collection of unrelated facades.
                             Architectural character and detailing should be provided for all sides of the structure in the public view (both existing
                             and potential).
                    (B)     Additions and accessory structures should be designed to be compatible with the main structure.
                    (C)     All exterior finished materials, including windows and doors, shall be of architectural grade with long term
                              maintenance characteristics.
                    (D)     Materials handling and loading/unloading areas should be located away from public view to the greatest extent
                              practicable.
                    (E)     Any structure or equipment that cannot be screened with walls, roof forms, and/or landscaping (e.g., water towers,
                              HVAC facilities, cranes, outdoor storage, etc.) should be located and/or stored in a location on the site that
                              minimizes the visual and noise effects to neighboring properties.

Section 1207.19    Special Development Standards

  1. Adult Businesses
    1. Subject to the regulations of Chapter 856 of the Business Regulation
      Code, the General Offenses Code of the Codified Ordinances, and state
      law or regulation, an adult business may be located only in accordance
      with the following restrictions:
      1. An adult business may only be located in Zoning District 8
        (Industrial/Office Park Development Areas).
      2. No such business shall be located on any lot fronting on State
        Route 91 (Darrow Road);
      3. No such business shall be located on any lot within five hundred
        (500) feet of any residentially-zoned district or any
        residentially-used lot;
      4. No such business shall be located on any lot within one thousand
        (1,000) feet of any public library, private or public elementary or
        secondary school, public park or place of worship; and
      5. No such business shall be located on any lot within one thousand
        (1,000) feet of another sexually oriented business.

    2. For the purposes of subdivision (1), above, measurement shall be made in
      a straight line, without regard to intervening structures or objects, from the
      nearest portion of the building or structure used as a part of the premises
      where an adult business is conducted, to the nearest property line of the
      premises of a place of worship or public or private elementary or
      secondary school, or to the nearest boundary of an affected public park,
      residentially-zoned district or residentially-used lot.

    3. For the purposes subdivision (1), above, the distance between any two
      adult businesses shall be measured in a straight line, without regard to
      intervening structures or objects, from the closest exterior wall of the
      structure in which each business is located.

    4. An adult business lawfully operating as a conforming use is not rendered a
      nonconforming use by the subsequent location of a place of worship,
      public or private elementary or secondary school, public park or library
      within 1,000 feet, or a residentially-zoned district or residentially-used lot
      within 500 feet, of the adult business.

    5. No person shall establish, operate or cause the establishment or operation
      of any adult business in violation of the provisions of this section and Part
      Eight, Business Regulation Code, of the Codified Ordinances, and any
      other provisions of the Codified Ordinances and state statute or regulation.

    6. Nothing in this section shall be construed to prohibit or limit the display,
      sale or rental of descriptive, printed, film or video material or any live
      performance which, taken as a whole, contains serious literary, artistic,
      political, medical, educational or scientific value.

  2. Outdoor Sales, Storage, and Activities
    1. Outdoor Storage, Loading Areas, Trash Collection Areas, and Other
      Services Structures.
      1. Any outdoor storage, loading areas, trash collection areas on a lot
        shall be screened from public view pursuant to the requirements set
        forth in Section 1207.04(m), "Screenings and Landscaping for
        Service Structures." This provision shall not apply to residentially
        zoned and used parcels in the City.
      2. No loading areas, trash collection areas, service entrances, and
        similar accessory uses shall be located in a front yard.
      3. Outside storage must be on a dust-free surface.
      4. Materials stored outdoors shall be located so as to permit the free
        access of fire fighting equipment around the periphery of all
        structures at all times.
      5. Outdoor sales or merchandise for sale, which cannot be stored
        indoors, is prohibited unless approved by council.

    2. Vending Machines. Vending machines shall not be permitted outdoors.

  3. Oil/Gas Exploration and Drilling Uses
    1. In addition to the requirements set forth in this Chapter, oil/gas exploration
      and drilling uses shall comply with all applicable standards set forth in the
      City's Business Code, Chapter 838, of the Codified Ordinances. In case of
      conflict between the provisions of this section and Chapter 838, the stricter
      provision shall apply.

    2. The location of the tank sites, access roads and barriers, and landscape
      screening shall comply with the following requirements. In addition, the
      location of the tank sites, access roads and barriers, and landscape
      screening shall comply with any other applicable requirements of this
      Code to the maximum extent feasible:
      1. Storage tanks, separators, and well installations and other
        permanent producing facilities shall be entirely enclosed by a six
        (6) foot chain-link fence, with a gate capable of being locked, plus
        three (3) strands of barbed wire above. Fences shall be kept in
        good state of repair until the well is abandoned and the tanks taken
        out of service.
      2. Tank batteries shall be screened by evergreens, landforms, or
        wooden fencing. With any use of screening, the chain link fencing
        shall remain enclosing the tanks or well. Any wooden fence
        screening around the tanks should be at least twenty-four (24)
        inches off the ground and set away from diking to permit air
        circulation inside the enclosure. Any well screening should be
        designed for removal and replacement when the well head is
        serviced.
      3. All storage tanks shall be diked to prevent any spillover which may
        damage surrounding property.
      4. Access roads shall be paved with suitable road materials to help
        prevent mud deposits on public roads and to provide emergency
        vehicular access during inclement weather. Access roads shall be
        adequately fenced and have a gate with a locking device installed
        at or near the public road entrance to prevent unauthorized entry
        from the public road.
      5. During the time wells are in operation, a metal sign showing the
        street or road numbers, as may be approved by the Community
        Development Director, shall be installed on the access road gate so
        that the Police and Fire Departments may find the area when
        necessary.

    3. The names, addresses and telephone numbers of the persons responsible
      for the operation and maintenance of each well and tank site shall be
      registered with the Fire, Police, and Community Development
      Departments.

    4. All waste materials, such as sludge, salt water, or other waste effluents
      from the wells or tanks sites shall be hauled off the property and deposited
      at state-approved dump sites. No existing well within the City of Hudson
      shall be used as a brine injection well or for annular disposal of brine or
      any other process that may be developed that involves storing brine or
      other waste products in producing or exhausted wells.

    5. Where access roads connect with city roads, culvert and ditching shall be
      done under the supervision of the City of Hudson Engineer, who shall also
      be notified before operations are started. The City Engineer=s final
      inspection shall be made after completion of all such road work.

    6. When drilling any well for oil/gas, the drilling rig shall have a "Blow-Out"
      preventer in good working order attached to the drilling equipment to
      prevent gas or oil from blowing out of control and causing damage to the
      surrounding area.

    7. No internal combustion engine shall be used to operate an external well
      pump.

    8. "Cuttings" or residue material, at all well drilling sites shall be treated in
      the same way as those which fall under regulations for Special Permit
      required by Ohio Department of Natural Resources, Division of Oil and
      Gas.

    9. No structure suitable for occupancy shall be erected within one hundred
      (100) feet of any unplugged oil and gas well head. If the well has been
      abandoned and plugged, no habitable structure shall be erected within
      twenty-five (25) feet of the plugged well head.

    10. Tank batteries shall not be located or relocated closer than two hundred
      (200) feet to a structure suitable for occupancy, nor can any such structure
      be erected within this distance. Tank batteries shall not be located or
      relocated closer than three hundred (300) feet from a property line of any
      parcel not in the original drilling unit(s).

    11. To reduce the potential of a brush fire, weeds shall be cleared periodically
      from inside the tank battery fencing and shall be cut outside the perimeter
      of the fencing to a distance of at least 36 inches.

  4. Special Setback Requirements Respecting Agricultural Uses
    1. No structure suitable for occupancy shall be located or constructed closer
      than 100 feet to an accessory building or fenced enclosure associated with
      an agricultural use except for the residence of the person engaged in the
      agricultural use.

    2. No accessory building or fenced enclosure associated with an agricultural
      use shall be located or constructed closer than 100 feet from a structure
      suitable for occupancy or closer than fifty (50) feet from the property line
      of a residentially zoned lot, other than that of a residence of the person
      engaged in the agricultural use.

    3. For purposes of this subsection, a Afenced enclosure@ may include any
      perimeter fence associated with an agricultural use as long as such
      perimeter fence forms part of an enclosure that contains such agricultural
      use.