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Hudson City Zoning Code

CHAPTER 1206

Use Regulations

1206.01 TABLE OF PERMITTED AND CONDITIONAL USES BY ZONE DISTRICT.

   The use table set forth below provides a tabular summary of the land uses allowed either by-right or conditionally within each base zone district. Where applicable, the table references (with an asterisk) district limitations on a listed use's size or other features. Those limitations can be found in Chapter 1205, which sets forth zone district use, density, and other property development/design regulations. In addition, the table references by number special conditions applicable to the listed use. The numbered special conditions in the table correspond to the same-numbered special conditions set forth and described in Section 1206.02(c), Conditional Uses: Special Conditions and Standards. In the event of a conflict between the use table and the zone district use regulations set forth in Chapter 1205, the text of the zone district use regulations shall prevail.
      Illustration: A new 3,500 square foot retail clothing store is proposed to be opened on the ground floor of a building located on Main Street in the Village Core–i.e., in District 5. To determine whether such use is permitted, first look up "Retail" uses in the Table of Permitted and Conditional Uses below. Retail uses are a permitted use ("P") in District 5, but are subject to limits set forth in Chapter 1205 (marked with an "*"). To find out what the limit is on retail uses in District 5, turn to Section 1205.08 , District 5: Village Core/Historic District, and see that retail uses are permitted by-right provided that any ground floor retail use is less than 5,000 square feet–meaning the 3,500 foot clothing store is within the permitted bounds.
      Illustration: An existing residence in District 3 (Outer Village Residential Neighborhood) is proposed to be converted to a group home for up to six senior citizens. To determine whether such use is permitted, first look up "group home" uses in the Table of Permitted and Conditional Uses below. Group homes for the elderly are permitted as a conditional use ("C") in District 3, which means they must satisfy all the general criteria and standards set forth in Section 1206.02 (b), plus any applicable special conditions noted in the "special conditions" column in the Table. As seen, group homes for less than eight persons are subject to three special conditions (numbers 5, 15, and 22). These numbers refer to the same-numbered conditions set forth in Section 1206.02 (c)(4), (c)(14), and (c)(22), which require that a group home use meet licensing criteria and adequately address other potential concerns or impacts such as emergency access, twenty-four-hour staffing, and building code compliance.
   (a)   By-Right Permitted Uses. Uses identified in a zoning district column of the Use Table with a "P" are permitted by-right and shall be allowed subject to applicable zone district requirements and other zoning development and site plan standards set forth in this Code.
   (b)   Conditional Uses.
      (1)   Uses identified in a zone district column of the use table with a "C" are conditional uses and shall be allowed only if reviewed and approved in accordance with the procedures set forth in Section 1203.05 and with the general conditions and standards set forth in Section 1206.02.
      (2)   Conditional use approval shall also be subject to such special conditions as may be indicated in the "special conditions" column of the use table below. Numbers in the "special conditions" column of the use table refer to special conditions and standards applicable to a particular use in all of the districts in which such use is allowed. The referenced special conditions and standards appear in Section 1206.02(c). For example, special condition "1" refers to the special use condition set forth in Section 1206.02(c)(1).
   (c)   Uses Not Permitted. Uses not identified in a zoning district column of the use table as permitted by-right ("P") or conditionally ("C") are not allowed in such zone district unless otherwise permitted either through a rezoning or the "use determination" process set forth in Section 1206.06 .
P = Permitted By Right C = Conditional
*Size or Other Limits Apply–See Zone District Regulations, Chapter 1205
Zoning Districts
Use Type
1
2
3
4
5
6
7
7ol
8
8ol
9
10
Special Conditions
P = Permitted By Right C = Conditional
*Size or Other Limits Apply–See Zone District Regulations, Chapter 1205
Zoning Districts
Use Type
1
2
3
4
5
6
7
7ol
8
8ol
9
10
Special Conditions
Residential Uses
Assisted Living
 
C
C
C
C
C
 
 
C
C
 
 
4, 10, 11, 12, 14
Duplex
 
C
C
C
P
 
 
 
 
P*
 
 
 
Dwelling units stacked above or mixed with offices or other commercial space
 
 
 
 
P
 
 
 
 
C*
P
 
 
Family day care home, small (1-6 children)
P
P
P
P
P
 
 
 
 
 
 
P
4
Model Home
C
C
C
C
C
 
 
 
 
C
 
 
18
Multi-Family
 
 
 
C
C
 
 
 
 
C*
 
 
 
Residential group homes for up to 5 handicapped/
elderly people
P
P
P
P
P
 
 
 
 
P*
 
P
4, 14, 22
Residential group homes for 6-8 handicapped/
elderly people
C
C
C
C
 
 
 
 
 
C*
 
 
4, 14, 22
Single Family, Attached
C
C
C
C
P
 
 
 
 
P*
 
 
 
Single Family, Detached
P
P
P
P
P
 
 
 
 
P*
 
P
 
Townhomes
 
 
 
 
P
 
 
 
 
 
 
 
 
Open Space
Conservation
Subdivisions
C
C
C
 
 
 
 
 
 
 
 
C
 
Accessory Uses/Structures–See Section 1206.03
Shared Driveways for Dwellings
C
C
C
C
P
 
 
 
 
C
 
C
 
Commercial/Retail
Adult businesses
 
 
 
 
 
 
 
 
P*
 
 
 
25
Artisan studios, photography studios and shops, and art galleries
 
 
 
 
P
 
P*
C
 
 
P
P
30
Assembly and Meeting Halls
 
 
 
 
C
 
C
 
 
 
C
 
11, 12
Automated teller machines (ATMs)
 
 
 
 
P*
C*
 
P
 
 
 
P
 
13
Automobile repair and services
 
 
 
 
 
 
C*
 
C*
 
C*
 
6, 7, 8, 10, 15, 17
Automobile service stations
 
 
 
 
C
 
C*
 
 
 
 
 
6, 7, 8, 10, 15, 17, 23
Automotive dealers
 
 
 
 
 
 
C*
 
 
 
 
 
6, 8, 17
Bank or other financial institution
 
 
 
 
P*
C*
P*
P*
P
P*
 
P*
 
13
Bar or tavern
 
 
 
 
P*
 
P*
 
 
 
P*
 
 
Bar or tavern located within 200 feet of a residential use
 
 
 
 
C
 
C*
 
 
 
C
 
27
Bed and breakfast inn
C
C
C
C
P
 
 
C
 
C
C
C
26
Boarding Kennel
 
 
 
 
 
C
 
 
C
 
 
 
15
Family day care home, large (7-12 children)
 
 
C
 
 
 
 
 
 
 
 
C
3, 4, 12
Car Wash
 
 
 
 
 
 
C*
 
 
 
 
 
10, 17
Commercial nurseries
 
C
 
 
 
 
 
 
C
 
P
P
 
Commercial operations that involve operation, parking, and maintenance of vehicles, cleaning of equipment, or work processes involving solvents, transfer stations, storage of goods, including self storage
 
 
 
 
 
 
 
 
C
 
 
 
6, 8, 10, 16, 17, 19
Convenience store
 
 
 
 
C
 
C*
 
 
 
C
C
11, 24
Day care center, child or adult
 
 
 
 
 
C
C*
 
C
 
C
 
3, 4, 12
Entertainment and amusement facilities, indoor
 
 
 
 
C
 
 
 
 
 
C
 
 
Fireworks storage and fireworks retail facility
C
 
 
 
 
 
 
 
 
 
 
 
4, 17, 33
Funeral home
 
 
 
 
C
 
C*
C
 
 
C
 
1, 4, 10, 12, 30
Golf course, private
C
C
C
 
 
 
 
 
 
 
 
 
1, 3, 5, 7, 21
Liquor store
 
 
 
 
C
 
C*
 
 
 
C
 
4
Lodging
 
 
 
 
C
C
 
 
C
 
 
 
 
Medical clinics
 
 
 
 
P*
C
P*
 
P
 
P
 
3
Office, business or professional
 
 
 
 
P*
P
P
P
P
C*
P*
C*
P*
C*
31
Office business park
 
 
 
 
 
P
 
P
P
 
 
 
 
Parking lot as principal use
 
 
 
 
P
 
 
 
 
 
 
 
 
Parking structure as principal use
 
 
 
 
C
 
 
 
 
 
 
 
 
Pawn shops, vape and smoke shops, tattoo parlors, hookah lounges and marijuana facilities
 
 
 
 
 
 
 
 
 
 
C
 
34
Pet grooming
 
 
 
 
C
C
C
C
C
 
 
 
 
Private membership recreational facility or club
C
C
C
C
 
 
 
 
 
C
 
 
5, 21
Recording, radio or television studios
 
 
 
 
P*
P
P*
C
P
 
P*
 
 
Recreational facilities, commercial or sports training facility
 
C
 
 
 
C
 
 
C
 
C
C
5, 12, 21
Recreational facilities, outdoor
 
 
 
 
C
 
 
 
 
 
C
 
5, 11, 12, 21
Restaurant
 
 
 
 
P*
P*
P*
 
P*
C*
P*
 
31
Restaurant located within 200 feet of a residential use
 
 
 
 
C*
 
C*
 
 
 
C*
 
27
Retail Uses
 
 
 
 
P*/
C*
P*
P*/
C*
 
P*
C*
P*
P*
31
Retail with outdoor sales or storage
 
 
 
 
C
 
C
 
 
 
C*
C
17, 19
Services, business
 
 
 
 
P*
P*
P*
C
P*
C*
P*
P*/
C*
30, 31
Services, personal
 
 
 
 
P
P*
 
C
P*
C*
 
 
30, 31
Services, repair
 
 
 
 
P
P*
 
 
P*
 
 
 
 
Showrooms and salesrooms for wholesale distribution
 
 
 
 
 
P
 
 
P
 
 
 
 
Wholesale trade
 
 
 
 
 
P
 
 
P
 
 
 
 
Vehicle and equipment rentals
 
 
 
 
 
C
 
 
C
 
 
 
6, 8, 10, 17, 19
Vehicle repair/services
 
 
 
 
 
C
 
 
C
 
 
 
7, 9, 11, 16, 17
Veterinary facility, small animal clinic (allow overnight, indoor boarding)
 
 
 
 
C
C
C
C
C
 
 
 
1, 4, 29, 32
Wireless telecom facilities
 
 
 
 
 
C
 
 
C
 
 
 
 
Industrial Uses
Industrial use, light
 
 
 
 
 
P*
 
 
P
 
 
 
 
Industrial use, heavy
 
 
 
 
 
 
 
 
C
 
 
 
 
Industrial business park
 
 
 
 
 
P*
 
 
P
 
 
 
 
RV, boat, or truck storage
 
 
 
 
 
 
 
 
C
 
 
 
 
Research laboratory
 
 
 
 
 
P*
 
 
P
 
 
 
 
Resource recovery operations
 
 
 
 
 
 
 
 
P*
 
 
 
 
Warehousing, distribution, and storage
 
 
 
 
 
P*
 
 
P*
 
 
 
 
Workshops and custom small industry uses
 
 
 
 
 
P
 
 
P
 
 
 
 
Planned Developments
Planned Development
P
P
P
 
P
P
P
 
P
C
P
P
 
Institutional/Civic/Public Uses
Cemetery
C
C
C
C
C
 
 
 
 
 
 
 
20
Continuing care retirement community
 
 
C
 
 
C
 
 
C
 
 
 
4, 10, 11, 12, 14, 22
Convention or conference center
 
 
 
 
C
C
 
 
C
 
 
 
 
Installations by essential public utility and public services, including but not limited to bus shelters and bus stops, but not including water towers, power generating stations, transfer stations, or outdoor storage
P
P
 
P
P
P
 
 
P
P
P
P
 
Golf course, public
C
C
C
 
 
 
 
 
 
 
 
 
1, 3, 5, 7, 21
Government administrative offices, and services
 
 
 
 
P
P
P
P
P
 
P
P
19
Government public works and service facilities
 
P
 
 
C
P
 
 
P
 
 
 
 
Hospitals, including heliports as accessory use
 
 
 
 
 
C
 
 
C
 
 
 
4, 8, 9, 11, 14, 16, 17
Institutional residential for the hand- icapped or elderly (for 9 or more people)
 
 
C
 
 
C
 
 
C
 
 
 
4, 14, 22
Places of religious worship, including churches and synagogues. Religious schools and day care centers may be permitted as accessory uses within the same structure as the principal conditional use.
C
C
C
C
C
 
C
 
 
 
C
C
1, 11, 12
Public safety and emergency services
P
P
P
P
P
P
P
P
P
P
P
P
6, 7, 8, 9, 10, 17
Public (non- commercial) facility for composting
 
C
 
 
 
 
 
 
 
 
 
 
 
Public recreational facilities, indoor or outdoor
P*/ C*
P
P
P
P
P
 
 
P
P
P
P
 
Public, non-profit, or private cultural facilities including but not limited to libraries and museums.
 
 
C
C
P
 
 
 
 
 
 
 
 
Public park or recreation area, including multi-purpose trails
P
P
P
P
P
P
 
 
P
P
P
P
 
Schools, public or private– preschool, elementary, secondary, or post-secondary; **(including dormitories)
C
C
C
C**
C
 
 
 
 
 
C
C
1, 2, 11, 12, 14
Transportation facilities without repairs (bus terminal, depot, etc.)
 
 
 
 
C
 
 
 
 
 
 
 
10, 12, 17
Agricultural
General agricultural operations
C
P
C
 
 
 
 
 
P
 
C
P
 
Accessory Uses/Structures - See Section 1206.03
Temporary Uses - See Section 1206.04
 
   (d)   Marijuana. The cultivation, processing, dispensing, or sale of marijuana, as defined in this Code, shall not be permitted in any zoning district within the City.
(Ord. 16-148, § 11. Passed 2-21-17; Ord. 17-99. Passed 10-3-17; Ord. 18-93. Passed 10-15-19; Ord. 21-84. Passed 11-9-21; Ord. 21-71. Passed 1-4-22; Ord. 21-141. Passed 1-4-22; Ord. 23- 154. Passed 4-9-24; Ord. 25-43. Passed 5-20-25; Ord. 25-57. Passed 6-3-25; Ord. 25-92. Passed 10-7-25.)

1206.02 CONDITIONAL USE STANDARDS.

   (a)   General Provisions. Conditional uses are listed for each zone district in Chapter 1205 . Only those uses expressly listed as conditional uses in a particular district may be considered in that zone district. All applications for a conditional use shall demonstrate compliance with the general criteria and standards, as well as any special criteria and standards specific to the requested use as set forth in the Table of Permitted and Conditional Uses by Zone District (1206.01 ) and in this section.
   (b)   Conditional Uses: General Criteria and Standards. In addition to any special conditions and standards listed in the following division (c) and/or the Table of Permitted and Conditional Uses by Zone District, all applications for a conditional use shall demonstrate that:
      (1)   The use is consistent with the policies and intent of the corresponding plan district in which it is located, as set forth in the City Comprehensive Plan (as amended from time to time).
      (2)   The use is physically and operationally compatible with the surrounding neighborhood and surrounding existing uses. Conditions may be imposed on a proposed conditional use to ensure that potential significant adverse impacts on surrounding existing uses will be reduced to the maximum extent feasible, including, but not limited to, conditions or measures addressing:
         A.   Location on a site of activities that generate potential adverse impacts such as noise and glare;
         B.   Hours of operation and deliveries;
         C.   Location of loading and delivery zones;
         D.   Light intensity and hours of full illumination;
         E.   Placement and illumination of outdoor vending machines;
         F.   Loitering;
         G.   Litter control;
         H.   Placement of trash receptacles;
         I.   On-site parking configuration and facilities;
         J.   On-site circulation;
         K.   Privacy concerns of adjacent uses.
      (3)   The use can generally be accommodated on the site consistent with any architectural and design standards set forth in the applicable district regulations of this Code, and in conformance with all dimensional, site development, grading/drainage, performance, and other standards for the district in which it will be located.
      (4)   To the maximum extent feasible, access points to the property are located as far as possible, in keeping with accepted engineering practice, from road intersections and adequate sight distances are maintained for motorists entering and leaving the property proposed for the use.
      (5)   On-site and off-site traffic circulation patterns related to the use shall not adversely impact adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.
      (6)   The use will be adequately served by public facilities and services. Public facilities and services that may be considered in light of this standard include, but are not limited to, water, sewer, electric, schools, streets, fire and police protection, storm drainage, public transit, and public parks/trails. See also Section 1207.11, Adequate Public Facilities.
      (7)   The use provides adequate off-street parking on the same property as the use, in compliance with standards set forth in Section 1207.12.
      (8)   Unless addressed in the special conditions and standards set forth below, the use will be screened with fencing and/or landscaping in excess of what is required in Section 1207.04, as appropriate, if the use may otherwise result in an adverse impact on adjacent property benefitting from such screening.
      (9)   The residential use is proposed at a density consistent with that of the existing neighborhood density or is compatible by its use of architecture, orientation of structures and parking, and landscape buffer. Where sufficient natural screening does not exist, or will be disturbed, development adjacent to existing residential shall blend with neighboring properties and increased density shall be directed away from neighboring properties.
   (c)   Conditional Uses: Special Conditions and Standards. For every use listed in the Table of Permitted and Conditional Uses by Zone District as a conditional use ("C"), the column titled "Special Conditions" may contain one or more numbers that correspond to the same-numbered special conditions and standards listed in this division. The proposed conditional use must satisfy all such special conditions and standards in addition to the general criteria and standards set forth in division (b) of this section.
      Special Conditions Addressing Operations.
      (1)   The only dwelling on the property, if one is provided, shall be for the priest, deacon, minister, or rabbi associated with the place of worship, or for a facility's manager, caretaker, or maintenance person, and related family provided the underlying zoning district permits residential use.
      (2)   All preschools shall provide a play area of at least 6,000 square feet, and all elementary and secondary schools shall be accredited and licensed by the State of Ohio and shall include academic instruction.
      (3)   The use shall contain no overnight accommodations.
      (4)   Where applicable, certification or licensing by the sponsoring state or federal governmental agency shall be a prerequisite to issuance of a zoning certificate by the City. A copy of an annual report with evidence of continuing certification shall be submitted to the Community Development Director in January of each year.
      (5)   Amplification of music, live entertainment, or other noise emanating from the use that is audible at the property line shall not be allowed.
      (6)   All vehicle maintenance or repairs shall be wholly conducted within an enclosed structure.
      (7)   The storage of hazardous materials for longer than thirty days shall not be permitted.
      (8)   Bulk storage in excess of 1,000 gallons of flammable liquids or in excess of 125 cubic feet of flammable gases shall be underground. A disaster/spill plan shall be completed and shall remain on file with the Fire and Police Departments.
      Special Conditions Addressing Parking, Circulation, and Access.
      (9)   Points of ingress and egress for police, fire, and other emergency services shall be located to maximize sight distances along adjacent public streets.
      (10)   Adequate vehicle turning areas shall be provided on the site so that vehicles and equipment can be maneuvered on site without interrupting traffic flow or blocking public streets.
      (11)   The parking area for the use shall be a minimum of fifty feet from adjacent properties used for residential purposes.
      (12)   Safe areas for pick-up and discharge of persons shall be provided.
      (13)   Drive-through teller or ATM facilities for banks and other financial institutions shall not have direct access to, or from, a public street.
      (14)   Adequate provisions shall be made for access by emergency medical and fire vehicles on two sides of the building.
      Special Conditions Addressing Compatibility.
      (15)   The use or building housing such use shall be located a minimum of 300 feet from the lot line of any residentially zoned parcel.
      (16)   The use or building housing such use shall be located a minimum of 500 feet away from the lot line of any residential use, except for a transfer station or any building housing a transfer station, shall be located a minimum of 1,000 feet away from the lot line of any residential use.
      (17)   All property lines that adjoin a residential use or district shall be screened with a bufferyard that is equivalent or exceeds screening provided by Bufferyard E as defined in Section 1207.04.
      (18)   Special conditions for model homes:
         A.   Such use shall be temporary only and conditional use approval shall automatically lapse and be null and void after two years from the date of PC approval or BZBA approval on appeal, whichever is later.
         B.   A paved parking area for visitors shall be provided.
         C.   No business other than new home sales or leasing shall be conducted from the model home.
         D.   The number of employees on-site at the model home shall not exceed three sales and marketing personnel.
         E.   A model home shall not be open for public viewing or business before 9:00 a.m. or later than 8:00 p.m.
      (19)   Special conditions for outdoor activity and storage areas.
         A.   Outdoor operations or activities shall not include the storage or accumulation of waste products, including tires, waste oils, grease, or other flammable, toxic, or hazardous materials.
         B.   The manner of outdoor operations or activities shall facilitate access for firefighting, shall prevent hazards from fire or explosion, and shall prevent accumulation of stagnant water.
      (20)   Special conditions for cemeteries:
         A.   Grave sites shall be setback from property and street lines at least 100 feet.
         B.   Trees shall be removed from the property only to the extent necessary to accommodate projected new grave sites one year in advance. Existing areas on the site that are not forested shall be used first. There shall be no crematorium on the property.
         C.   Maintenance buildings and outside storage areas shall be screened from view of adjacent public roads and dwellings. Bufferyard C shall be used, as defined in Section 1207.04.
         D.   The City may require fencing along the perimeter of the cemetery.
         E.   The term cemetery shall include pet cemetery. However, no pet cemetery shall be within or abutting a cemetery used for human burial.
         F.   Adequately funded programs and provisions that meet the approval of the City's solicitor shall be provided to guarantee perpetual care of all cemetery ground. This provision shall apply to all existing cemeteries for which expansions are proposed.
      (21)   Special conditions for commercial recreational facilities and golf courses:
         A.   Commercial recreational facilities shall generally be limited to fishing clubs, ice skating rinks, miniature golf courses, golf driving ranges, fishing lakes, sports training facility, tennis clubs, or swim clubs. The category shall not be construed to include concert halls or outdoor concert areas, race tracks of any kind, stadiums, or similar facility intended to attract large crowds in excess of 1,000 people.
         B.   The use of firearms shall not be permitted as a part of user activities at a commercial recreational facility.
         C.   A traffic impact study shall be submitted that assesses the impacts of the proposed use on existing roads, intersections, and circulation patterns, and that demonstrates compliance with the traffic facility standard set forth in Section 1207.11, and/or sets forth mitigation measures to eliminate or substantially reduce such impacts.
         D.   The only dwelling on the property, if one is provided, shall be that of a manager or a caretaker of the facility and related family.
         E.   The City may restrict access to the facility, storage of vehicles or materials on the property, and hours of operation to ensure no adverse impacts on adjacent properties.
         F.   The City may restrict outdoor lighting on the property to a greater extent than this Code may otherwise require, in order to eliminate glare on abutting public roads and private property.
         G.   All principal structures such as pools, bath houses, restaurants, or clubhouses shall be set back at least 100 feet from the front property line and at least fifty feet from other property lines.
         H.   Golf course development shall, to the maximum extent feasible, adhere to the principles governing planning and siting, design, construction, maintenance, and facility operations contained in the publication entitled "Golf and The Environment: Environmental Principles for Golf Courses in the United States" (Center for Resource Management, c. 1996), as amended from time to time. A copy of this publication can be found at the City of Hudson Community Development Department.
      (22)   Special conditions for group homes and institutional residences:
         A.   A plan for security of the premises shall be prepared if the facility is a transitional group home. The PC may require full-time security personnel on the premises at all times if the PC finds that the facility poses a potential security threat to the surrounding neighborhood.
         B.   Twenty-four-hour supervision shall be provided by qualified staff at all transitional group homes, group homes for the handicapped, and institutional residences for the handicapped or elderly.
         C.   No kitchen facilities shall be located in any bedroom.
         D.   Except for institutional residences, or as otherwise limited by zone district restrictions, the number of residents occupying the use at any one time, including staff and family of staff, shall not exceed twelve persons. The number of clients or boarders shall not exceed eight persons.
         E.   The use shall comply with any maximum occupancy standards and off-street parking requirements set forth in this Code or in any other applicable City ordinance, code, or regulation.
         F.   Such use proposed to be sited in an existing structure and proposed to house more than five clients shall, to the maximum extent feasible, meet the requirements set forth in the current BOCA Building Code.
         G.   If active and continuous operations are not carried on for a period of twelve consecutive months in a group home or institutional residence that was approved pursuant to this Code, the group home or institutional residence use shall be considered to be abandoned. The use may be reinstated only after obtaining a new conditional use approval.
         H.   Group homes shall be designed as single-family homes in appearance.
      (23)   Special conditions for automobile service stations:
         A.   The structure housing the station shall be of modern fireproof construction and shall have a minimum enclosed area of 1,200 square feet.
         B.   All service stations shall contain separate lavatories for men and women, separated by soundproof walls.
         C.   All minor repair work, vehicle washing, lubrication, and installation of parts and accessories shall be wholly performed within an enclosed structure.
         D.   All automobile parts, dismantled vehicles, and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence. A chain link fence with slats shall not constitute acceptable screening or fencing for the purposes of this provision.
         E.   All vehicles awaiting repair shall be stored on site in approved parking spaces and under no circumstances shall such vehicles be stored on or obstruct access to a public right-of-way.
         F.   Gasoline pumps shall be located at least thirty feet from the edge of the right-of-way of a public street. Tanks shall be limited to a maximum capacity of 5,000 gallons and to one tank for each grade of fuel sold.
         G.   All tanks containing fuel, oil, waste oils and greases, or similar substance shall be placed underground at least fifty feet from any property line, and vented, in accordance with Ohio Code requirements.
         H.   All discarded materials such as tires, cans, drums, and the like, shall be stored in an enclosed area and under cover.
         I.   A canopy over the fuel pumps that is detached from the principal building may be erected provided that such structure is located at least ten feet from any property line or street right-of-way, and such structure is not enclosed.
         J.   There shall be adequate space on the subject property to allow up to three cars to stack in a line for services without using any portion of an adjacent public street.
      (24)   Special conditions for convenience stores:
         A.   The maximum size of a convenience store shall be 3,500 square feet of gross floor area.
         B.   If gasoline is sold as part of the convenience store operation, the conditions for automobile service stations above shall also apply. In addition, parking areas for retail sales and gasoline service shall be separated from each other, and circulation within the property to each parking area shall be separate and clearly marked or evident.
         C.   The applicant shall submit a litter control plan as part of the application for conditional use approval.
         D.   No drive-through service shall be permitted as part of the operation of a convenience store.
      (25)   Special conditions for adult businesses. See Section 1207.19(a), Adult Uses.
      (26)   Special conditions for bed and breakfast inns:
         A.   Up to twenty-five percent of the gross floor area may be in nonliving-quarter accessory uses, including newsstands, gift shops, lounges, restaurants, and similar incidental uses, provided any incidental business is conducted primarily as a service to guests, and there is no entrance to such place of business except from inside the building.
         B.   No operator shall permit a guest to occupy such accommodations for a consecutive period of more than thirty days.
         C.   The size of bed and breakfast inns is limited to four guest rooms.
         D.   Breakfast shall be the only meal served.
      (27)   Special conditions for restaurants, bars, or taverns within 200 feet of a residential use:
         A.   Business shall be conducted within an enclosed building, except that meal service may be provided on an outside patio, provided the patio is no more than one-third the floor area of the entire use.
         B.   Amplified outdoor live performances shall not be permitted.
         C.   The use shall be screened from adjacent residential properties with Bufferyard D, as defined in Section 1207.04.
      (28)   Special conditions for oil or gas exploration:
         A.   The use shall demonstrate compliance with the special development standards set forth in Section 1207.19(c) and with the standards set forth in Chapter 838 of the City's Codified Ordinances.
      (29)   Special conditions for District 7 Office Overlay Zone:
         A.   The maximum impervious surface area shall be fifty percent of the gross floor area.
         B.   The parking area for the use shall be a minimum of fifty feet from adjacent properties used for residential purposes.
         C.   No building shall have a wall sign.
         D.   No parking shall be permitted between a building and the Darrow Road right-of-way.
      (30)   Special conditions for shared driveways for dwellings:
         A.   Permanent provisions for maintenance, repair, cleaning and replacement shall be documented.
      (31)   Special conditions for District 8 Hike Bike (HB) Senior Housing Overlay Zone: Any restaurant, retail use, business or personal or repair service, and business or professional office shall be located only at a distance that does not exceed 1,000 feet from both the Metro parks Hike and Bike Trail and Zoning District 9.
      (32)   Special conditions for crematory services for dogs, cats, and other comparable household or domestic pets when permitted as a conditional accessory use:
         A.   Crematory services for dogs, cats, and other comparable household or domestic pets may be permitted as an accessory use to veterinary facility/small animal clinic principal uses subject to the following condition:
            1.   The crematory facility shall be located a minimum of 200 feet from any residential zoned district or residentially used lot.
      (33)   Special conditions for a fireworks storage and fireworks retail facility in a D1 Suburban Residential District when permitted as a conditional use:
         A.   Lot size. A fireworks storage and fireworks retail facility shall be located on a lot having a minimum size of 50 acres.
         B.   Compatible color. All fireworks storage containers shall be painted a natural-toned compatible color to blend in with the surrounding natural landscape.
         C.   Fireworks retail facility setback and maximum square footage. Any fireworks retail facility shall be setback a minimum of 300 feet from the lot line of any adjacent property. Fireworks retail showroom space shall be limited to no more than 10,000 square feet.
         D.   Orientation of fireworks storage containers. The doors and/or access points to any fireworks storage container shall face the interior of the lot and neither open towards any adjacent properties nor have any access points that face any adjacent properties or lots.
         E.   Mounding. Any fireworks storage container adjacent to a residentially used property shall be buffered by a mound equal in height to the height of the fireworks storage container of which mounding shall face the adjacent residentially used property.
         F.   Maximum weight. The maximum weight of fireworks (1.3G fireworks or 1.4G fireworks (or, combination thereof)) contained in any fireworks storage container shall not exceed 10,000 pounds.
         G.   Fireworks storage container setbacks. Fireworks storage containers shall be setback from the lot line of adjacent properties (and setback from other fireworks storage containers on the site) based on the total amount of fireworks contained in the fireworks storage container (as measured in pounds) as set forth in the following table:
 
Weight of fireworks contained in fireworks storage container (pounds)1
Distance between fireworks storage containers on site2
Setback distance between fireworks storage container and the lot line of any adjacent residential use
Setback distance between fireworks storage container and the lot line of any non-residential use
0-5,000
150 ft
300 ft
230 ft
5,001-10,000
200 ft
300 ft
230 ft
1 Weight measurement shall be rounded to the nearest whole number.
2 Applies only to fireworks storage containers storing fireworks for display (1.3G fireworks).
 
         H.   Quarterly reporting of compliance. On a quarterly basis, the operator and/or property owner of a fireworks storage and fireworks retail facility shall provide the City a report (documenting the previous three months) and the report shall include the following information:
            1.   A site plan depicting the location of each fireworks storage container on the site (including measurements identifying: (1) the setback between fireworks storage containers on the site; and (2) the setbacks between fireworks storage containers and the adjacent properties) along with a numbering system to identify each fireworks storage container on the site; and
            2.   The total weight (in pounds) of fireworks contained in each fireworks storage container itemized according to the fireworks storage container numbering system required by Section (H)(1) above.
         I.   Compliance with state and federal law. The operator shall at all times be in compliance with state and federal law concerning the operation of a fireworks storage and fireworks retail facility, including, but not limited to, fireworks regulations administered by the United States Department of Alcohol, Tobacco, Firearms, and Explosives.
      (34)   Special conditions for pawn shops, vape and smoke shops, tattoo parlors, and hookah lounges.
         A.   The use or building housing such use shall be located a minimum of 500 feet from the lot line of any residentially zoned parcel.
         B.   The use or building housing such use shall be located a minimum of 500 feet from the lot line of any school.
         C.   The use or building housing such use shall be located a minimum of 500 feet from the lot line of another use of the same category.
(Ord. 18-93. Passed 10-15-19; Ord. 21-71. Passed 1-4-22; Ord. 21-141. Passed 1-4-22; Ord. 23-84. Passed 12-12-23; Ord. 23-154. Passed 4-9-24; Ord. 25-57. Passed 6-3-25.)

1206.03 ACCESSORY USES/STRUCTURES.

   Permitted uses and approved conditional uses shall be deemed to include accessory uses, structures, and activities that are necessarily and customarily incidental and subordinate to the principal uses allowed in the zoning district, unless specifically prohibited. Accessory uses, structures, and activities shall be subject to the following regulations in addition to the same regulations that apply to principal uses in each district.
   (a)   Residential Accessory Uses. Residential uses shall include the following accessory uses, activities, and structures:
      (1)   Accessory dwelling units when incidental to a principal single-family detached residential use and subject to the following conditions:
         A.   Accessory dwellings shall consist of living quarters integrated within single-family dwellings, or those located in detached accessory buildings, such as carriage houses or garages, that are located on the same lot as the single family dwelling.
         B.   Accessory dwellings shall be no more than 850 square feet in gross floor area, and shall contain at least two rooms, no more than two bedrooms, and private sanitary facilities with hot and cold running water, and cooking and food storage facilities.
         C.   There shall not be more than one accessory dwelling on a lot in addition to the principal single-family dwelling.
         D.   A permitted accessory dwelling unit shall comply with all other applicable site and building design, height, access, and other standards for principal dwelling units in the zoning district in which the accessory dwelling will be located.
      (2)   Antennas that are designed to receive television broadcast signals, provided they comply with Sections 1207.15 and 1207.16.
      (3)   Barns.
      (4)   Fences and walls, residential, subject to Section 1207.04. The maximum height (excluding incidental decorative items) at any point shall not exceed four feet above the elevation of the surface of the ground at such point, except as may be allowed by division (a)(4)B., C. and D. of this section.
         A.   To the rear of the main mass of the principal structure, the maximum height shall not exceed at any point six feet above the elevation of the surface of the ground; except that on a corner lot, abutting in the rear the side lot line of another lot, fences, walls and hedges greater than four feet in height may not be located forward of the adjacent lot's front building line or required setback if undeveloped. No fences, walls or hedges shall be permitted which constitute a visual obstruction hazardous to persons using the street or sidewalks.
         B.   Arbors, attached to a fence, shall not exceed ten feet in height.
         C.   No hedges or other types of growing plants or shrubs exceeding thirty inches in height, except deciduous trees, shall be planted within the street right-of-way.
         D.   A subdivision entrance wall(s) shall be permitted at the entrance(s) to a subdivision. The wall(s) shall not exceed eight feet in height at any point, shall average not more than six feet in height over its entire length and regardless of the number of sections, the entire length of said structure(s) shall not exceed seventy feet at each entrance. Lights, if any, mounted on top of the wall(s) may be up to two feet in height. Wall(s) shall be located so as to not restrict visibility from any driveway and shall be at least two feet in distance from the street lines. Wall(s) may include piers that are up to fifty percent wider than the rest of the wall(s). Wall(s) may be of constant or variable height, may be curved or straight.
         E.   Fences and walls are subject to Section 1207.04 when required as landscaping/buffering.
         F.   Measurement of maximum fence height in feet. Height shall be measured as the vertical distance between the natural grade of land and highest point of the fence, excluding incidental decorative items.
      (4)   Fences and walls, residential, subject to Section 1207.04. The maximum height (excluding incidental decorative items) at any point shall not exceed four feet above the elevation of the surface of the ground at such point, except as may be allowed by division (a)(4)B., C. and D. of this section.
         A.   To the rear of the main mass of the principal structure, the maximum height shall not exceed at any point six feet above the elevation of the surface of the ground; except that on a corner lot, abutting in the rear the side lot line of another lot, fences, walls and hedges greater than four feet in height may not be located forward of the adjacent lot's front building line or required setback if undeveloped. No fences, walls or hedges shall be permitted which constitute a visual obstruction hazardous to persons using the street or sidewalks.
         B.   Arbors, attached to a fence, shall not exceed ten feet in height.
         C.   No hedges or other types of growing plants or shrubs exceeding thirty inches in height, except deciduous trees, shall be planted within the street right-of-way.
         D.   A subdivision entrance wall(s) shall be permitted at the entrance(s) to a subdivision. The wall(s) shall not exceed eight feet in height at any point, shall average not more than six feet in height over its entire length and regardless of the number of sections, the entire length of said structure(s) shall not exceed seventy feet at each entrance. Lights, if any, mounted on top of the wall(s) may be up to two feet in height. Wall(s) shall be located so as to not restrict visibility from any driveway and shall be at least two feet in distance from the street lines. Wall(s) may include piers that are up to fifty percent wider than the rest of the wall(s). Wall(s) may be of constant or variable height, may be curved or straight.
         E.   Fences and walls are subject to Section 1207.04 when required as landscaping/buffering.
         F.   Measurement of maximum fence height in feet. Height shall be measured as the vertical distance between the natural grade of land and highest point of the fence, excluding incidental decorative items.
      (5)   Garages, carports, and off-street parking areas used to serve the residents of the property, provided that the height of a garage or carport serving a single-family dwelling unit shall not exceed eighteen feet. A garage or carport may be detached from or attached to the principal structure, provided it complies with all applicable zone district regulations.
      (6)   Gates and guard houses.
      (7)   Guest houses or guest rooms, neither of which may include kitchen facilities, provided such guest houses or guest rooms are used for the housing of guests or resident employees of the occupants of the principal dwelling and provided such facilities are not used as rental units.
      (8)   Home occupations, subject to division (e) of this section.
      (9)   Childrens play equipment, provided that:
         A.   For purposes of this section, "childrens play equipment" shall include playhouses, treehouses, tree platforms, swing sets, trampolines, and/or zip lines;
         B.   Childrens play equipment shall not exceed 200 square feet in gross floor area;
         C.   Childrens play equipment shall be setback at least ten feet from any adjacent property line; and
         D.   Childrens play equipment shall not be located in any front yard of a lot and is only permitted within the side or rear yards of a lot.
      (10)   On-premise signs subject to the standards set forth in Section 1207.17.
      (10)   On-premise signs subject to the standards set forth in Section 1207.17.
      (11)   Private recreational and play facilities for use of the residents of the property and their guests, provided that:
         A.   No outdoor lighting shall be erected to light private tennis courts;
         B.   The height of any recreational or play facility shall not exceed twelve feet; and
         C.   All swimming pools shall be subject to the restrictions set forth in division (f) of this section.
      (12)   Satellite dish antennas thirty-nine inches (one meter) or less in diameter, provided that to the maximum extent feasible, such satellite dish antenna shall be located in the rear yard of the residential use.
      (13)   Solar energy systems.
         A.   Placement. A solar energy systems-panel located on the pitched roof of a residential structure may not extend above the peak of the roof or beyond the outside edges of the roof line. Panels greater than six inches in height may not be located on a flat roof of any structure, unless they are screened or are not visible from the public view. Within the Historic District, a solar energy systems-panel shall not be located on the roof or wall facing the front lot line, and on a corner lot shall not be located on the roof or wall facing the side lot line facing the street that is not designated as the "front".
         B.   Height. A solar energy systems-freestanding solar array shall not exceed sixteen feet in height from the ground to the highest point of the supporting structure or panels, whichever is taller.
         C.   Setbacks. A solar energy systems-freestanding solar array shall not be located closer than fifteen feet to the side and rear property lines, or on a corner lot, the setback for the street side not designated a "front" shall conform to the zoning district setback requirements.
         D.   Yard area. A solar energy systems-freestanding solar array shall be located only in the rear yard and shall not occupy more than thirty percent of the rear yard.
         E.   Exemption. Any solar energy system attached or located on the roof or wall of a building that does not project more than six inches from the surface is exempt from obtaining a zoning certificate, except for: 1) A solar energy systems installed in the Historic District; or 2) A solar energy systems located on the roof or wall facing the front lot line or on a corner lot on the roof or wall facing side lot line facing the street that is not designated as the "front".
      (14)   Storage or parking of trucks, cars, or major recreational equipment, including but not limited to boats, boat trailers, camping trailers, motorized homes, and house trailers, subject to the restrictions set forth in division (g) of this section.
      (15)   Hobby farms. Hobby farms are permitted as accessory to residential uses and to uses within residential districts.
         A.   Private greenhouses, not for commercial purposes.
         B.   Composting, subject to the following conditions:
            1.   Such use is not conducted as a business, or as accessory to a business;
            2.   The materials to be composted must originate on the same property as the location of the principal building for which it serves;
            3.   The composting site shall be maintained in a safe, sanitary, neat, and orderly fashion to prohibit the spread of disease vectors, rodents, and insects, and minimize odors;
            4.   The composting pile or structure shall permit proper aeration of the composted material;
            5.   The compost pile or structure shall not be located in any front yard or any side yard of a lot;
            6.   Access to the composting structure shall not face any adjacent property or street;
            7.   All composting structures shall be screened and/or buffered from adjacent properties by natural materials or by fencing; and
            8.   No composting structure shall exceed four feet in height.
         C.   Horses in District 1, District 2, District 3, and District 10, provided that there shall be a minimum lot area of two acres and at least one acre per horse. Domestic/household pets are permitted in all districts.
         D.   Keeping of chickens. The keeping of hen chickens shall be permitted subject to the following provisions:
            1.   There shall be no more than a maximum of twelve hen chickens kept on any property.
            2.   Fencing: Any portion of a property that is devoted to the keeping of chickens shall be fully enclosed by a fence or enclosure that effectively confines the animals to the property in question. Fencing and enclosures shall be in compliance with all provisions of the zoning ordinance and shall be constructed in a quality, workmanlike manner.
            3.   Screening: Any portion of a property that is devoted to the keeping of chickens shall be screened from adjacent property with landscaping equivalent to Bufferyard "B."
            4.   Setback: Any structure (such as a coop, stable, or pen along with any fencing enclosure) shall only be permitted within a rear yard and shall be set back a minimum of twenty-five feet from the property line and fifty feet from any structure suitable for occupancy.
            5.   Sanitation: Properties devoted to the keeping of chickens shall be maintained in a clean and sanitary condition free from accumulations of animal waste, feed, debris, etc.
            6.   No commercial activity including the breeding of animals or sales of agricultural goods shall occur on the property, with the exception of "roadside stands" in District 2 that are separately permitted pursuant to Section 1206.03(a)(15)F.
            7.   The keeping of more than twelve chickens on a property shall not be permitted as an accessory use and shall be regulated as a general agricultural operation.
         E.   Beekeeping on residential property. The keeping of honey bee hives shall be permitted subject to the following provisions.
            1.   There shall be no more than a maximum eight hives kept on any property.
            2.   An individual hive shall not exceed a height of seven feet above the elevation of the surface of the ground.
            3.   Setback: Hives shall only be permitted within a rear yard and shall be set back a minimum of twenty-five feet from the property line and fifty feet from any structure suitable for occupancy.
            4.   Must be in compliance with all State of Ohio rules and regulations for the keeping of bees. Property owners keeping bees shall provide a copy of their certificate of registration from the Ohio Department of Agriculture upon request.
            5.   No commercial activity including the breeding of animals or sales of agricultural goods shall occur on the property, with the exception of "roadside stands" in District 2 that are separately permitted pursuant to Section 1206.03(a)(15)F.
            6.   The keeping of more than eight hives on a property shall not be permitted as an accessory use and shall be regulated as a general agricultural operation.
         F.   Farm and roadside stands are permitted in District 2 subject to the following conditions.
            1.   The stand may not be greater in size than fifty square feet and shall not be permanently affixed to the ground.
            2.   The stand may only display and sell items produced on the property.
            3.   The stand shall be located outside of the public right-of-way and set back a minimum fifteen feet from adjacent property boundaries.
            4.   Roadside stands shall only be operated during daylight hours between May 1st through November 30th. Stands shall be removed by December 1st of each calendar year.
            5.   At the end of each business day all items shall be removed or secured from display.
            6.   One sign of no more than six square feet may be mounted on or abutting the stand.
            7.   Adequate vehicle turning areas shall be provided so that vehicles and equipment can be maneuvered on site without interrupting traffic flow or blocking a public street.
            8.   Lighting associated with the use is prohibited.
   (b)   Nonresidential Accessory Uses. Commercial, retail, and industrial uses shall include the following accessory uses, activities, and structures:
      (1)   Antennas that are designed to receive television broadcast signals provided they comply with Sections 1207.15 and 1207.16.
      (2)   Automated teller machine (ATM) located inside the structure housing the principal use.
      (3)   Cafeteria, dining halls, and similar food services when operated primarily for the convenience of employees, clients, customers, or visitors to the principal use.
      (4)   Dwelling units, other than mobile homes, when used to house security or maintenance employees or personnel.
      (5)   Fences and walls, subject to Section 1207.04.
         A.   The maximum height (excluding incidental decorative items) at any point shall not exceed four feet above the elevation of the surface of the ground at such point, except as may be allowed by division (b)(5)B., C. and D. of this section.
         B.   Commercial fences and walls may, in any required rear or side yard, exceed four feet but shall not exceed at any point eight feet in height above the elevation of the surface of the ground at such point, provided that on a corner lot, abutting in the rear the side lot line of another lot, no fence or wall greater than four feet in height may be located forward of the adjacent lot's minimum front yard setback. No hedges, fences or walls shall be permitted which constitute a visual obstruction hazardous to persons using the street or sidewalks.
         C.   No hedges or other types of growing plants or shrubs exceeding thirty inches in height, except deciduous trees, shall be planted within the street right-of-way.
         D.   A subdivision entrance wall(s) shall be permitted at the entrance(s) to a subdivision. The wall(s) shall not exceed eight feet in height at any point, shall average not more than six feet in height over its entire length and regardless of the number of sections, the entire length of said structure(s) shall not exceed seventy feet at each entrance. Lights, if any, mounted on top of the wall(s) may be up to two feet in height. Wall(s) shall be located so as to not restrict visibility from any driveway and shall be at least two feet in distance from the street lines. Wall(s) may include piers that are up to fifty percent wider than the rest of the wall(s). Wall(s) may be of constant or variable height, may be curved or straight.
         E.   Measurement of maximum fence height in feet. Height shall be measured as the vertical distance between the natural grade of land and highest point of the fence, excluding incidental decorative items.
      (6)   Gates and guard houses.
      (7)   Heliports as an accessory use to hospital uses only.
      (8)   As accessory uses to golf courses or indoor recreational facilities only, clubhouses including space for the sale of golf or other sporting equipment, food, and refreshments.
      (9)   On-premises signs, subject to the standards set forth in Section 1207.17.
      (10)   Outdoor serving areas for a restaurant, however in all districts except District 5, outdoor serving areas within 200 feet of a residential use requires conditional use approval.
      (11)   Parking garages and off-street parking areas for employees, customers, and guests.
      (12)   Private recreational facilities for use by employees and guests, subject to the standards set forth in division (f) of this section for swimming pools.
      (13)   Restaurants, bars, newsstands, gift shops, clubs, and lounges when inside the principal building containing a permitted lodging use.
      (14)   Swimming pools and tennis courts located on the same parcel of a permitted lodging use, subject to the standards set forth in division (f) of this section for swimming pools.
      (15)   Retail sales of goods as part of permitted industrial and warehouse activities, subject to the following conditions:
         A.   All retail sales shall be conducted within the same structure housing the principal industrial or warehouse use, and no outdoor retail sales activity shall be allowed;
         B.   Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.;
         C.   Items for sale shall either be manufactured by the principal use or part of the principal warehouse's stock;
         D.   Maximum gross floor area of the accessory retail use shall be either ten percent of the total gross floor area of the principal use or 5,000 square feet, whichever is less; and
         E.   Parking for the retail accessory use is provided in accordance with the off-street parking standards for retail uses as set forth in Section 1207.12.
      (16)   Retail sales as an accessory use to artisan and photography studios, provided the works of art or photographs for sale shall be work product from the principal studio use.
      (17)   Satellite dish antennas that are seventy-eight inches (two meters) or less in diameter, provided that, to the maximum extent feasible, the satellite dish antenna is located to the rear of the principal building and is screened from view.
      (18)   Storage of merchandise and non-hazardous materials when located in the same building as the principal use.
      (19)   Oil and gas exploration and extraction, subject to the following conditions:
         A.   The use shall demonstrate compliance with the special development standards set forth in Section 1207.19 and with the standards set forth in Chapter 838 of the City's Codified Ordinances.
         B.   Drilling, storage and tank batteries are located at least 300 feet or more from lot lines of adjoining properties and are to be opaquely screened so as not to be visible from adjoining properties.
      (20)   Solar energy systems.
         A.   Placement: A solar energy systems-panel located on the pitched roof of a nonresidential structure may not extend above the peak of the roof or beyond the outside edges of a roof line. Panels greater than six inches in height may not be located on the flat roof of any structure unless they are screened, or are not visible from the public view. Within the Historic District, solar energy systems-panel shall not be located on the roof or wall facing the front lot line, and on a corner lot shall not be located on the roof or wall facing the side lot line facing the street that is not designated as the "front".
         B.   Height: A solar energy systems-freestanding solar array shall not exceed sixteen feet in height from the ground to the highest point of the supporting structure or panels, whichever is taller.
         C.   Setbacks: A solar energy systems-freestanding solar array shall not be located closer than twenty-five feet to the side and rear property lines. Freestanding solar arrays shall be no closer than 100 feet from the lot line of any property that is zoned to permit a residential use.
         D.   Yard area: A solar energy systems-freestanding solar array shall be located only in the rear yard and shall not occupy more than thirty percent of the rear yard.
         E.   Exemption: Any solar energy system attached or located on the roof or wall of a building that does not project more than six inches from that surface of the roof or wall is exempt from obtaining a zoning certificate, except for: 1) A solar energy systems installed in the Historic District; or 2) A solar energy systems located on the roof or wall facing the front lot line or on a corner lot on the roof or wall facing the side lot line facing the street that is not designated as the "front".
   (c)   Accessory Use Regulations in the Historic District. Accessory use of contemporary (modern) appurtenances, including but not limited to free-standing air conditioning units, trash receptacles, basketball hoops, antennas, and children's play equipment, shall conform to the following requirements:
      (1)   All contemporary appurtenances shall be located in a rear yard so as to lessen their visibility from a public street or other public area.
      (2)   All antennas shall be located in the following order of preference:
         A.   In a rear or side yard so as not to be visible from a street or other public area, or
         B.   In an area adequately screened so that the antenna is not visible from a street or other public area and where such screening conforms to all the requirements of this Code.
      (3)   All contemporary appurtenances must comply with the applicable provisions of the City Building and Housing Code and the Fire Prevention Code.
   (d)   Accessory Use Development and Operational Standards. The following standards shall apply to all accessory uses and structures:
      (1)   Front setback. No accessory use, structure, or activity, except for permitted fences or walls shall be located or take place within a front yard.
      (2)   Rear setback. An accessory structure shall not be required to comply with the rear setback/yard requirement for the principal use. Except for permitted fences or walls erected on a property line and except as otherwise expressly allowed by the applicable zone district regulations, accessory structures shall be set back from rear and side lot lines and shall not be closer than the applicable minimum rear and side yard setback.
      (3)   Side setbacks. No accessory structure shall be located within a side yard, except for permitted fences or walls and on corner lots the majority of the floor area of any accessory structure shall not be located within a side yard.
      (4)   Setbacks from easements. No accessory structure shall be located within any platted or recorded easement or over any known utility, without the written permission obtained from the easement holder of utility owner.
      (5)   Maximum building or structure size. Except as otherwise expressly limited or allowed in this section, and except for accessory recreational facilities including swimming pools, each building and/or structure accessory to residential uses shall not be larger than 1,200 square feet of building footprint area; in District 4 and 5 the building footprint area shall not be larger than 1,000 square feet. Maximum size of a barn shall be 10,000 square feet of building footprint area for an agricultural use.
      (6)   Maximum number of accessory buildings. On any lot two and one-half acres or less, the maximum number of accessory buildings shall be three. On any lot greater than two and one-half acres, the maximum number of accessory structures shall be four.
      (7)   Height. Except for television antennas and as otherwise expressly limited or allowed, no accessory structure shall exceed eighteen feet in height.
      (8)   Building separation. Unless attached to the principal structure, accessory structures (excluding spas and/or hot tubs) shall be located at least five feet from any other structure. Nothing in this section shall prohibit an accessory garage located ten feet or more from the principal dwelling unit to be attached to the principal building by a breezeway or similar structure.
      (9)   Dwelling unit prohibited. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory structure or building.
      (10)   Outdoor storage of equipment. Except as otherwise expressly limited or allowed in this section, the outdoor storage of construction, landscape, or other similar equipment is not permitted in any residential district.
   (e)   Home Occupations. Home occupations shall be allowed as an accessory use in all districts, subject to the following conditions:
      (1)   Permit.
         A.   No home occupation shall be conducted until an application for a home occupation permit is reviewed and approved by the City Manager according to the standards set forth herein.
         B.   A home occupation permit shall be issued only to a resident of the dwelling unit in which the home occupation is to be conducted. If the resident rents the dwelling unit, the resident shall provide evidence of written permission from the dwelling unit's owner as part of the permit application.
         C.   Home occupation permits shall not be transferable and shall not run with the land. All home occupation permits shall expire upon the sale, transfer, or lease of the property to a new owner or tenant.
      (2)   Size. Home occupations shall not occupy more than twenty-five percent of the total gross floor area of the principal dwelling unit.
      (3)   Operational standards.
         A.   All activities associated with the home occupation shall be conducted within the principal dwelling or an accessory structure. No outside activity or operations shall be permitted.
         B.   No equipment shall be used that creates a nuisance due to noise, odor, glare, vibrations, or electrical interference.
         C.   Home occupations shall be subject to the performance standards, including noise standards, set forth in Section 1207.10.
         D.   Home occupations shall be subject to the provisions and standards set forth in Section 1207.11, Adequate Public Facilities.
      (4)   Outdoor storage and exterior appearances.
         A.   No changes in the exterior appearance of the dwelling to accommodate the home occupation shall be allowed.
         B.   No outdoor storage of materials or equipment in conjunction with the home occupation shall be permitted.
         C.   All equipment, supplies, stock material and trailers used for landscaping, lawn maintenance or related businesses shall be parked or stored only within enclosed buildings separated by fifty feet from any property line of a residentially zoned lot.
      (5)   Employees. Not more than one person who is not a resident of the dwelling unit may be employed in the home occupation.
      (6)   Parking.
         A.   A home occupation shall provide additional off-street parking area adequate to accommodate all needs created by the home occupation, but in no case shall provide more than two additional off-street parking spaces.
         B.   Required off-street parking to serve a home occupation shall not be permitted in the front yard of the dwelling, other than in a driveway.
         C.   To the maximum extent feasible, side yard areas shall not be converted to off-street parking areas to serve a home occupation.
      (7)   Personal and professional services. Personal and professional services shall be provided on an appointment-only basis.
      (8)   Prohibited home occupations as accessory uses. The following uses and activities shall not be permitted or conducted as a home occupation:
         A.   Bed and breakfast inns;
         B.   Funeral homes;
         C.   Lodging;
         D.   Restaurants;
         E.   Retail sales and services;
         F.   Vehicle or equipment sales, rental, or repair; or
         G.   Veterinary facilities and/or small animal clinics or kennels.
   (f)   Swimming Pools. Swimming pools, spas, and hot tubs, may be allowed as an accessory use subject to the following conditions:
      (1)   Placement. Swimming pools, spas, and hot tubs shall be placed only to the rear of the main mass of the principal structure. On residential lots, the pool shall be placed no closer than fifteen feet to the side or rear lot line. On corner residential lots, the pool shall be no closer than fifty feet to the side lot line.
      (2)   Height. No swimming pool shall have a height above grade greater than fifty-two inches (as measured at a distance of six inches from the side of the pool). The height of any pool appurtenances shall not be greater than three feet above the top of the pool. The combined height above the ground of any swimming pool plus appurtenances shall not exceed six feet at any point.
      (3)   Enclosure/fencing.
         A.   All swimming pools shall be completely surrounded by a fence or wall not less than four feet in height (measured from finished grade level), which shall be so constructed as not to have openings, holes, or gaps larger than four inches wide except for doors and gates and shall be installed prior to the swimming pool being filled with water. A principal or accessory building may be used as part of such enclosure.
         B.   All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling or accessory building which forms a part of the enclosure need not be so equipped.
         C.   A portable spa may be secured by the use of a rigid safety cover with a locked top, in lieu of a fence or wall. A portable spa is defined as a non-permanent structure intended for recreational bathing, for which all controls, water heating, and water circulating equipment are an integral part of the product.
      (4)   Screening. All swimming pools shall be screened by material of sufficient density to obscure its view from adjacent dwellings and/or public streets. Screening shall be placed no closer to the side of the pool than seventy-two inches.
      (5)   Illumination. All illumination for the pool or surrounding area must be directed entirely onto the pool area and must not shine onto adjacent properties or streets. (See Section 1207.14 , Exterior Lighting.)
      (6)   Drainage. Discharge of any water from a swimming pool shall be onto the property where the pool is located or into the nearest storm sewer. The discharge shall not flow onto, through, or otherwise affect adjacent properties.
      (7)   Other regulations. The construction and operation of swimming pools shall meet all other applicable county and state regulations.
   (g)   Parking of Trucks, Mobile Homes, Recreational Vehicles and Equipment, and Motor Vehicles.
      (1)   The parking or storage of inoperable, abandoned, or unlicensed motor vehicles is prohibited outdoors in all districts. See Section 1207.12(g). The parking, storage or placement of mobile homes is prohibited in all districts, except by permission of City Council pursuant to Section 1206.04(b)(4).
      (2)   No truck shall be parked overnight or stored in any district, except for Districts 6 and 8, unless in an enclosed structure. No truck or bus shall be parked during daylight hours in any district, except Districts 6 and 8, unless for deliveries.
      (3)   Recreational vehicles and equipment shall not be parked or stored on a lot in any zone district for more than three calendar days in any calendar month, regardless of the actual length of time that the recreational vehicle or equipment is parked or stored on the lot in any one calendar day. The parking or storage shall only be for the purpose of cleaning, loading and repairing such recreational vehicle or equipment before or after it has been used.
      (4)   Recreational vehicles and equipment, shall have no fixed connections to electricity, water, gas or sanitary sewer facilities, nor shall they be used for dwelling, business, or commercial purposes or for any accessory uses in any zone district.
      (5)   Recreational vehicles and equipment may be parked or stored in any zone district within an enclosed structure or, if parked or stored outside all of the following requirements shall be satisfied:
         A.   The vehicle or equipment may be parked no closer to the street than the front wall of the dwelling. On a corner lot this restriction applies to the distance from the side street also. Bufferyard C, as defined in Section 1207.04 shall be installed.
         B.   Not more than one recreational vehicle or one piece of recreational equipment per premises may be so parked.
         C.   Screening material of sufficient density to obscure recreational vehicles and equipment from adjacent dwelling and/or public or private streets shall be provided.
         D.   The vehicle or equipment shall be parked no closer than three feet from any property line.
      (6)   Parking of any recreational vehicles and equipment, shall only be allowed in the side or rear yards of a lot on which exists a single-family or duplex dwelling.
      (7)   Parking of more than one recreational vehicle or one piece of recreational equipment and/or more than five cars in any yard area of a lot on which exists a single-family or duplex dwelling shall be prohibited.
      (8)   Allowance of one utility trailer subject to the restrictions of division (g)(5)A. through D. of this section.
(Ord. 16-44, § 5. Passed 7-19-16; Ord. 18-93. Passed 10-15-19; Ord. 21- 84. Passed 11-9-21; Ord. 21-71. Passed 1-4-22.)

1206.04 TEMPORARY USES.

   (a)   Permit Required. A permit for temporary uses may be issued within any zone district provided such temporary use meets the requirements of this section. The permit shall be issued for a specified period and shall contain such conditions as are necessary for protection of the public health and safety and as necessary to mitigate any potential adverse impacts. The City Council, or the City Manager, as authority is specified, may require such assurances or guarantees of compliance with conditions as is reasonable and appropriate under the circumstances.
   (b)   The following temporary uses may be permitted by the City Manager:
      (1)   Holiday sales.
         A.   Holiday sales activities, such as sales of Christmas trees, shall be permitted temporary uses in the following districts:
            1.   District 5–Village Core/Historic District.
            2.   District 6–Western Hudson Gateway.
            3.   District 7–Outer Village Commercial Corridor and Office Overlay Zone.
            4.   District 9–Darrowville Commercial Corridor.
         B.   The term of the temporary use permit shall not exceed sixty days.
         C.   Permitted holiday sales activities may occur within required zone district setbacks, provided that no display shall encroach into a required setback by more than fifty percent of the required setback depth and provided that no display or related equipment shall be located within a required sight triangle.
      (2)   Seasonal sales.
         A.   Seasonal art, craft, and book sales (and other similar uses as determined by the City Manager) shall be permitted as a temporary use in the following districts:
            1.   District 4–Historic Residential Neighborhood.
            2.   District 5–Village Core District.
            3.)   District 8–Industrial Office/Park.
         B.   Seasonal sales of farm produce and packaged agricultural products shall be permitted as a temporary use in the following districts:
            1.   District 2–Rural Residential Conservation.
            2.   District 5–Village Core/Historic District.
            3.   District 7–Outer Village Commercial Corridor and Office Overlay Zone.
            4.   District 9–Darrowville Commercial Corridor.
            5.   District 10–Ravenna Road Mixed-Use Corridor.
         C.   Structures incidental to such sales need not comply with the applicable front setback requirements provided that no such structure shall be located within a required sight triangle.
         D.   The term of the temporary use permit shall not exceed sixty days.
         E.   All structures incidental to such sales shall be removed at the end of the season during which they are used.
      (3)   Temporary housing.
         A.   A mobile home or camper may be permitted as a temporary use in all districts for the purpose of providing a temporary residential structure following a disaster, such as fire, windstorm, or flood.
         B.   Such temporary housing shall be located to minimize its impact on any adjacent residential uses. A sketch plan showing the proposed location shall be approved by the City Manager as part of the permit application.
         C.   The term of the temporary use permit shall be no more than six months, except that the City Manager may extend the term for an additional six-month period upon showing of good cause by the owner.
         D.   Permitted temporary housing shall be removed within thirty days after the completion of the permanent residential structure on the site, even if the temporary use permit is still valid.
   (c)   Contractor's office/temporary construction uses may be permitted by the City Manager as follows:
      (1)   Permitted in all districts. The use of construction sheds or construction trailers in connection with site construction, or an area used for the temporary storage of building materials and equipment necessary for construction of a permanent use, are permitted temporary uses in all districts, subject to the following regulations and restrictions.
      (2)   Term of permit. The term of a temporary use permit for construction uses shall automatically expire thirty days after completion of construction, or upon cessation of construction for more than sixty days, or one year after issuance, whichever occurs first. The City Manager may grant up to three, six-month extensions if the builder maintains active and continuous construction on the site or within the subdivision and surrounding uses have not been negatively impacted.
      (3)   Site requirements.
         A.   A construction trailer, construction shed, or a construction yard, shall be located on the lot on which construction is progressing and shall not be located within fifty feet of any abutting residential use.
         B.   A construction yard may be sited on a lot immediately abutting the construction site provided that access from the temporary construction yard to the construction site(s) does not affect the uses of public streets or surrounding uses.
         C.   Siting of a temporary construction yard shall provide screening equivalent to Bufferyard C to adjacent structures and uses.
         D.   A construction yard shall be maintained in good condition during the time of its use. Construction yards and sites shall be regularly mowed and weed growth shall be controlled. Trash and rubbish barrels/receptacles shall be provided on-site and trash pick-up and removal shall occur on at least a weekly basis.
      (4)   Dwelling prohibited. A construction trailer or construction shed shall be used only as temporary field offices and for storage of incidental equipment and supplies, and shall not be used as any type of dwelling.
      (5)   Commencement of use. A construction trailer or construction shed, or a temporary construction yard, shall be moved, erected, or established on a construction site no earlier than two weeks prior to the date on which construction actually commences. If construction is interrupted and ceases for more than sixty days, a construction trailer or construction shed shall be removed until actual construction commences again.
      (6)   Fire hazards. No flammable materials, as defined in the City's Fire Code, shall be stored in the construction trailer or construction shed.
      (7)   Trailer/shed requirements.
         A.   All construction trailers and construction sheds shall have at least ten feet on all sides for clearance. Two or more construction trailers may be joined for passage from trailer to trailer.
         B.   All construction trailers and construction sheds shall contain solid floors, electric lights, heat, and doors with locks.
         C.   Every construction trailer and construction shed shall be maintained in clean and orderly condition, with rubbish barrels for waste materials.
      (8)   Completion of temporary use. Upon completion of the temporary use, the site shall be cleaned, all evidence of the use(s) removed, and left in a condition that minimizes adverse impacts to the site itself and to surrounding properties.
      (9)   Public notice and comment. The City shall cause a temporary sign of eight square feet minimum size to be placed on the property which is the subject of the application for the purpose of giving notice and soliciting public comment. The City shall use any public comment received for the purpose of assisting in the City’s evaluation of the application’s compliance with Section 1206.04 (c). The temporary sign shall be placed on the property no less than fourteen days before the permit is issued by the City.
   (d)   Portable storage units may be permitted by the City Manager as follows: The use of portable storage units manufactured for that purpose, commonly known as PODS - Portable On-Demand Storage and similar products which are placed onto a property for a temporary period are permitted, provided they are in compliance with the provisions of this division. Such temporary use may be used as temporary storage of personal property or to transport such property to a different location. Portable storage units shall not be considered structures under the provisions of this Code if registered with the City and in compliance with the following regulations and restrictions.
      (1)   Registration required. Prior to their use, all portable storage units shall be registered with the Department of Community Development.
      (2)   Term and cost of permit. Upon registration, portable storage units shall be allowed for no more than two periods in any twelve-month period, one period no more than sixty days in length and another period not more than thirty days in length, except that the City Manager may extend either of the periods upon a showing of extenuating circumstances, such as repair for fire damage. No fee shall be charged for the application or issuance of this temporary use permit.
      (3)   Site requirements. The portable storage unit must be placed on a paved or graveled surface and be at least five feet from all property lines and must be placed within a rear yard area if accessible by an existing driveway. The number of portable storage units shall not exceed two and each shall be no larger than ten by eighteen feet.
(Ord. 16-87, § 1. Passed 8-2-16; Ord. 18-93. Passed 10-15-19; Ord. 23-155. Passed 2-20-2024.)

1206.05 NONCONFORMING USES/STRUCTURES/LOTS.

   (a)   Applicability. The provisions of this section shall apply to uses, structures, and lots that were legally existing as of the effective date of this Code, December 31, 1999, but that become non-conforming as the result of the application of this Code to them or from reclassification of the property under any subsequent amendments to this Code.
   (b)   Purpose. It is the general policy of the City of Hudson to allow nonconforming uses, structures, or lots to continue to exist and to be put to productive use. However, it is also the general policy of the City to bring as many aspects of such nonconformities into conformance with this Code as is reasonably practicable, all subject to the limitations of this section. The limitations of this section are intended to recognize the interests of property owners in continuing to use their property but to reasonably control expansions, reestablishment of discontinued uses, and the re-establishment of nonconforming buildings and structures that have been substantially destroyed.
   (c)   Authority to Continue. Nonconformities shall be allowed to continue in accordance with the requirements of this section.
   (d)   Repairs and Maintenance. Repairs and normal maintenance required to keep nonconforming uses and structures in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this section or required by law or ordinance.
   (e)   Nonconforming Uses. Nonconforming uses shall be subject to the following standards:
      (1)   Enlargement. Except as modified by division (2) below, a nonconforming use may be enlarged, increased, or extended beyond the area it occupied as of the effective date of this Code, December 31, 1999, provided that the Board of Zoning and Building Appeals, pursuant to the procedure set forth in Section 1203.06 , finds all of the following:
         A.   The enlargement will not interfere with the operation of conforming uses in the district or with circulation on adjacent public streets;
         B.   The enlargement will cause no greater adverse impacts on surrounding properties than did the original nonconforming use; and
         C.   Increases and enlargements do not exceed 25 percent of the area that the nonconforming use occupied as of the effective date of this Code.
      (2)   Enlargement of Residential Uses. A nonconforming single-family dwelling or two-family residential use may be enlarged, increased, or extended beyond the area it occupied as of the effective date of this Code, December 31, 1999, without approval from the BZBA, provided the proposed expansion does not exceed an additional 50 percent of the existing area that the nonconforming use occupied as of the effective date of this Code. However, if the existing parcel associated with the use does not meet the minimum parcel size of the underlying zoning district, then the enlargement may exceed the 50 percent limitation without approval by the BZBA.
      (3)   Relocation. No nonconforming use shall be moved in whole or in part from its original location as of the effective date of this Code to any other part of such parcel, building, structure, or to another lot except in compliance with this Code.
      (4)   Discontinuance and abandonment.
         A.   If a nonconforming use is voluntarily discontinued for a period of twenty-four consecutive months or more, any use of the property thereafter shall be in conformance with regulations and provisions set by this Code for the district in which such property is located.
         B.   Discontinuance of a nonconforming use may be indicated by non-use and the removal of either stock-in-trade or substantially all equipment, fittings, or furniture needed to operate the use.
      (5)   Damage or destruction.
         A.   Except as otherwise expressly permitted in division (e)(5)B. of this section, if any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50 percent of its fair market value prior to the destruction, such use shall not be restored except in conformance with this Code. The determination of such reduced value shall be made by the Board of Zoning and Building Appeal, which may, if necessary, consult with a City-appointed appraiser.
         B.   A nonconforming single-family dwelling or two-family residential use that is damaged or destroyed by any means may be reconstructed up to, but not beyond 150 percent of the area it occupied as of the effective date of this Code, December 31, 1999, without approval from the BZBA. If the existing parcel associated with the non-conforming use does not meet the minimum parcel size of the underlying zoning district, then the reconstruction may exceed the 150 percent limitation without approval by the BZBA. All reconstruction of the structure must be completed within two years following the event of damage or destruction and shall otherwise be in conformance with this Code.
      (6)   Change in use/substitution.
         A.   The Board of Zoning and Building Appeals may permit a nonconforming use to be changed to a second non-conforming use provided that the new use shall be of the same general character or of a character less intensive than the original nonconforming use and provided the new use will result in equal or less impact on the surrounding community and district.
         B.   A nonconforming use that changes to a conforming use or to a second nonconforming use as set forth in division (e)(6)A. of this section may not thereafter revert to the original nonconforming use.
      (7)   Accessory uses. No use that is accessory to a principal nonconforming use shall continue after such principal nonconforming use ceases or terminates.
      (8)   Nonconforming as to parking.
         A.   Nonconformity as to off-street parking or loading shall not render a use subject to the conditions of this section.
         B.   A use that is nonconforming as to off-street parking or loading shall not be changed to another use requiring more off-street parking or loading unless the additional required parking or loading is provided.
         C.   The Board of Zoning and Building Appeals may permit a nonconforming use to provide off-street parking or loading on a lot other than the lot on which the use is located.
   (f)   Nonconforming Structures. A nonconforming structure as more fully defined in Chapter 1213 includes a structure lawful prior to the Land Development Code, but which fails to meet setback, height, or other site development requirements of this Code. Nonconforming structures other than those which nonconformity is created by size of use limitations listed by uses by right and conditional uses of each zoning district of Chapter 1205 shall be subject to the following standards:
      (1)   Enlargement.
         A.   A nonconforming structure may be expanded without approval from the BZBA provided the proposed expansion does not exceed fifty percent of the existing footprint and:
            1.   The expansion does not increase the degree of nonconformity; or
            2.   The extension of a structure which is nonconforming due to side yard setback shall be allowed so long as the extension is not closer to the side property line and the extension does not exceed twenty-five percent of the existing structure length, including porches and architectural features but excluding decks.
               Existing footprint and structure length shall mean the dimensions as they existed December 31, 1999.
         B.   A nonconforming structure may otherwise be enlarged, increased, or extended beyond the area it occupied as of the effective date of this Code, December 31, 1999, provided the Board of Zoning and Building Appeals, pursuant to the procedure set forth in Section 1203.06, finds all of the following:
            1.   The enlargement will not interfere with the operation of conforming uses in the District or with circulation on adjacent public streets; and
            2.   The enlarged structure will cause no greater adverse impacts on surrounding properties than did the original conforming structure.
         C.   The nonconforming structure is not a structure that is the subject of listed "Uses By-Right" or "Conditional Uses" in Chapter 1205 that have a gross floor area limitation or that have a gross floor area limitation on Main Street in District 5.
      (2)   Damage or destruction.
         A.   If any nonconforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent of its fair market value prior to the damage or destruction, such structure shall not be restored except in conformance with this Code. The determination of such reduced value shall be made by the Board of Zoning and Building Appeal, which may, if necessary, consult with a City-appointed appraiser.
         B.   If a nonconforming structure is damaged or destroyed, by any means, to the extent of fifty percent or less of its fair market value prior to the damage or destruction, no repairs or restoration shall be made unless commenced within six months and completed within twenty-four months of the date of the calamity. The determination of such reduced value shall be made by the Board of Zoning and Building Appeal, which may, if necessary, consult with a City-appointed appraiser.
      (3)   Relocation. Nonconforming structures shall not be moved for any reason or for any distance except to be brought into compliance with this Code.
   (g)   Nonconforming Lots of Record. 
      (1)   Development permitted. Regardless of the area or width of a lot of record that legally existed as of the effective date of this Code, December 31, 1999, and subject to division (g)(2) of this section, such lot may be developed for any use permitted in the district in which the lot is located, provided, however, that where required setback, open space, density, or other requirements make development impractical, the Board of Zoning and Building Appeals may permit development to occur after granting specific variances.
      (2)   Consolidation required. If two or more lots or parcels are contiguous, in single and common ownership, and are of record as of the effective date of this Code, December 31, 1999, or amendments thereto, and if all or part of the lots or parcels with no principal structures thereon do not meet the minimum lot area requirements set forth in the applicable district regulations of this Code, then the lands involved shall be considered to be a single, undivided parcel for the purposes of this Code. No portion of such parcel shall be used or sold in a manner that renders compliance with the lot area requirements set forth in this Code less feasible, nor shall any division of any parcel be made that creates a lot with a width or area less than the requirements set forth in this Code.
(Ord. 18-93. Passed 10-15-19; Ord. 24-105, passed 1-21-25.)

1206.06 USE CLASSIFICATION PROCEDURE.

   (a)   Applicability.
      (1)   The zone district use regulations in this Code set forth broad classes of permitted uses. Whenever there is a dispute whether a specific, proposed use falls into one of the broader classes of permitted uses, the provisions of this section shall apply to resolve the dispute.
      (2)   The provisions of this section shall not apply to permit any use that is specifically prohibited in a zone district.
   (b)   Procedure for Determination of Disputed Uses. All questions or disputes whether a specific proposed use is permitted in the applicable zone district shall be determined upon application to the City Manager. Within fourteen days from the date that a submitted application is certified as complete pursuant to Section 1203.01 (c), the City Manager shall make a determination as to whether the proposed use falls into a use category permitted either by-right or conditionally in the applicable zone district, based on the standards and criteria set forth in division (c) of this section.
   (c)   Standards for Review. A determination whether a proposed specific use is permitted in a particular zone district shall be made based on consideration of the following criteria and standards:
      (1)   The proposed use is of the same general character in terms of external impacts, hours of operation, and the like, or within the same SIC group number classification, as the latter is defined in the Standard Industrial Classification Manual (OMB 1987 or its successor publication), as any of the uses permitted by-right or as conditional uses; and
      (2)   The impacts of the proposed use are equal to or less than any specifically listed permitted or conditional uses in the zone district in which the proposed use is to be located, considering but not limited to impacts on traffic, the environment, and surrounding properties; and
      (3)   The proposed use is consistent with the stated intent and purposes of this Code and the zone district in which it is to be located.
   (d)   Application. Applications for determination of disputed uses shall be submitted to the City Manager upon such forms as approved by the City Manager.
   (e)   Submittal Requirements. See Appendix A for submittal requirements for applications for determination of disputed uses.
   (f)   Appeals. See Section 1212.01(a).
(Ord. 18-93. Passed 10-15-19.)