A.   The impervious surface coverage in District 5 for commercial/retail buildings may not exceed eighty percent and for single-family attached, townhomes, and multi-family residential may not exceed seventy-five percent.

         B.   The impervious surface coverage in the District 7 Overlay may not exceed fifty percent.

         C.   The impervious surface coverage for development in Districts 6 and 8 may not exceed seventy-five percent.

      (1)   Minimize visual impacts from the development, including but not limited to screening from adjacent properties and protection of scenic views.

      (2)   Preservation of significant trees or vegetation. (See Section 1207.02, Tree and Vegetation Protection.)

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

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

      (5)   Stream corridor and wetland protection and buffering. (See Section 1207.03, Stream Corridor and Wetlands Protection.)

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

         A.   All construction activity, including, without limitation, grading, excavation, or stockpiling of fill material shall be contained within the approved limits of disturbance.

         B.   No construction activity shall be permitted within the limits of disturbance, whether to provide for a building site, on-site utilities or services, or for any roads or driveways, prior to the approval of any required erosion and sedimentation control plan for the development.

         A.   Restoration of previously disturbed or degraded areas.

         B.   Utility installations and emergency public safety activities when such activities and installations cannot reasonably be contained within the limits of disturbance or other nearby developed areas.

         C.   Construction of a multi-purpose trail that will provide public access for recreational purposes when such trail cannot reasonably be contained within the limits of disturbance or other nearby developed areas.

         D.   Enhancement of the habitat values and/or other natural resource values of an identified natural area.

         E.   Landscaping, including vegetation clearing, planting of lawns, and tree removal may occur in the areas outside the limits of disturbance, except that trees with a diameter at breast height (DBH) of nine inches or more shall not be removed, except as provided in Section 1207.02.

         F.   Bufferyards. Areas along the perimeter of a lot that are outside the established limits of disturbance may be disturbed to establish a bufferyard as required by Section 1207.04.

(Ord. 16-148, § 13. Passed 2-21-17; Ord. 18-93. Passed 10-15-19.)

         A.   Replanted on the site;

         B.   Replaced with a tree of the same or equivalent species; or

         C.   Replaced with trees of the same or equivalent species and in quantities consistent with the dollar values set forth in the Schedule A below.

 

         A.   The applicant shall be responsible for ensuring that within the fenced areas there is no disturbance of soil, clearing, grubbing, grading, stock-piling of soil or any other materials or equipment, or disposal of any fluids or other materials that may be harmful to the tree(s) or vegetation.

         B.   Change in site grade greater than six inches within the dripline of protected trees, or within three feet of protected vegetation, such that drainage flows into or collects near protected tree(s) and vegetation is prohibited.

 

 

      (1)   Dead, dying, or naturally fallen trees or vegetation, unless the Community Development Staff determines that an action or actions of the applicant or his agents has contributed substantially to the deterioration of a tree or vegetation, or trees and vegetation found to be a threat to public health, safety, or welfare;

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

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

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

(Ord. 18-93. Passed 10-15-19.)

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

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

         A.   One hundred feet on each side of all streams draining an area greater than twenty square miles, or

         B.   Seventy-five feet on each side of all streams draining an area greater than 0.5 square miles (320 acres) and up to twenty square miles, or

         C.   Fifty feet on each side of all streams draining an area greater than 0.05 square miles (thirty-two acres) and up to 0.5 square miles (320 acres).

         D.   Thirty feet on each side of all streams draining an area less than 0.05 square miles (thirty-two acres).

(Ord. 18-93. Passed 10-15-19.)

 

 

         A.   Boundary buffers shall be located along the rear and side boundaries of a lot or parcel. On sloped areas the boundary buffer should be located to maximize its screening effectiveness.

         B.   Streetscape buffers shall be located along, but outside of, the public right-of-way and may be required along private street easements.

         A.   The bufferyards illustrated in division (g) of this section depict the total bufferyard required to be erected by the higher intensity use when it is being located next to the same or lower intensity use.

         B.   When a use is proposed to be developed adjacent to a higher intensity use existing as of the effective date of this Code, it shall be required to plant a minimum Level B Bufferyard.

         C.   The land use class of a vacant adjoining parcel shall be classified as the lowest intensity use permitted in the existing zone district.

         A.   Industrial.

         B.   General agricultural land use.

         C.   Retail commercial.

         D.   Institutional/civic.

         E.   Office commercial.

         F.   Village Core non-residential land uses.

         G.   Multi-family residential.

         H.   Single-family residential open space conservation subdivision.

         I.   Single-family residential conventional.

      (1)   Identify the land use of the proposed development property;

      (2)   Identify the adjacent land use(s); and

 

 

 

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

         A.   Bufferyard A–Minimal: Minimum bufferyard width five feet. (See Figure 10)

         B.   Bufferyard B–Minor: Minimum bufferyard width ten feet. (See Figure 11)

         C.   Bufferyard C–Moderate: Minimum bufferyard width fifteen feet. (See Figure 12)

         D.   Bufferyard D–Substantial: Minimum bufferyard width twenty-five feet. (See Figure 13)

         E.   Bufferyard E–Major: Minimum bufferyard width forty feet. (See Figure 14)

Figure 10: Bufferyard A - Minimal

Figure 11: Bufferyard B - Minimal

Figure 12: Bufferyard C - Moderate

Figure 13: Bufferyard D - Substantial

 

Figure 14: Bufferyard E - Major

      (1)   All developers shall plant trees along public streets of their developments in such a manner, type, quantity and location as set forth below. Any undeveloped street or existing street with undeveloped frontage shall conform to these requirements at the time of the development. See Appendix C for Plant List of acceptable trees and plants. For purposes of this section, trees shall be defined by mature heights they reach as indicated by the following: large–sixty feet and taller, medium–p to forty feet, and small–up to twenty feet.

         A.   The minimum spacing between trees shall be forty feet for large trees, thirty feet for medium trees, and twenty feet for small trees.

         B.   The maximum spacing between trees shall be fifty feet for large trees, forty feet for medium trees, and thirty feet for small trees.

         C.   The minimum distance between the edge of the mature tree and the edge of the street shall be six feet for a large tree, four feet for medium, and small trees.

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

         E.   A small tree shall be used when planting under or within ten lateral feet of overhead utility wires. A medium tree shall be used when planting within twenty lateral feet of overhead utility wires.

         F.   The developers shall be required to maintain the trees for two years after the trees are planted and to replace any tree which fails to survive or does not exhibit normal growth characteristics of health and vigor within such two-year period. A two-year guarantee period shall begin at each planting and shall recommence as trees are replaced. Upon completion of a street tree planting, the landscape contractor shall contact the City Community Development Staff for a preliminary inspection. The guarantee period shall begin after the approval of the City Community Development Staff. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the City's inspection, shall promptly be replaced at the expense of the developer.

         A.   All residential lots shall be planted with a minimum of three trees with a minimum diameter at breast height (DBH) of one inch. Any single-family detached lot shall have at least one of the required trees located in the front yard, or on the south or west side of the house for effective summer cooling, or in the case of a corner lot, in the front yard or the side yard facing the street. Existing trees properly preserved within the limits of disturbance of equal or larger DBH will satisfy this requirement. (See division (t) of this section, Landscaping Credits)

         B.   For any residential development with attached or multi-family buildings, two trees, with a minimum DBH of one inch, shall be planted for each unit on individual lots, if provided, or within the open space area(s). Existing trees, of equal or larger DBH, if properly preserved, will satisfy this requirement.

         A.   The minimum width of the bufferyard shall be fifty feet, except that residential open space conservation subdivision lots fronting an arterial street shall establish a landscaped bufferyard with a minimum width of 100 feet unless the Planning Commission determines that a less wide bufferyard is compatible with existing development patterns in the surrounding community. (See Section 1207.06)

         B.   Plantings for every 100 feet of bufferyard length: four small trees and two large or medium trees from the Tree Plant List. (Appendix C)

         C.   Trees shall be planted in a random pattern, interspersing sizes of trees large, medium, and small (see Appendix C for Large, Medium and Small Tree Plant List).

         D.   Only the native plant species for each of these categories of trees as set forth in Appendix C shall be utilized.

         A.   Parking lots containing twenty or more vehicular parking spaces shall provide interior landscaping of the peninsular or island types of uncompacted, well-drained soil that contains a minimum of six inches of top soil mix, as well as perimeter landscaping.

         B.   All parking lots shall provide perimeter landscaping.

         A.   For every ten parking spaces or fraction thereof, the applicant shall provide not less than 160 square feet of interior landscaped parking lot areas containing at least one tree with a minimum DBH of two inches and four shrubs. (See Figure 15)

         B.   The minimum landscape area permitted shall be 160 square feet with a minimum planting width of nine feet.

         C.   Maximum contiguous area. In order to encourage the required landscape areas to be properly dispersed, and to break up large expanses of parking, no individual landscape area shall be larger than 500 square feet in size in vehicular use areas less than 30,000 square feet and no individual area shall be larger than 2,000 square feet in vehicular use areas over 30,000 square feet. Individual landscape areas larger than above are permitted as long as the additional area is in excess of the required minimum total.

 

Figure 15: Interior Landscape Requirements

         A.     Parking lots shall have perimeter landscaping of a minimum width of five feet exclusive of vehicle overhang. (See Figure 16)

          B.     This perimeter landscaping shall contain sufficient plant material that will achieve an effective, opaque screen of a height of at least three feet within two years of installation. The perimeter buffer zone shall also contain deciduous trees and allow adequate snow storage area.

   Figure 16: Perimeter Landscape Requirements

         C.   When perimeter landscaping of parking lots is required even in addition to a bufferyard of division (g) of this section, the required perimeter landscaping of parking may be satisfied concurrently with the requirements of division (g) of this section by the more intensive planting and the more extensive width required by either this division or division (g) of this section.

Figure 17: Vehicle Overhang

         A.    Parked vehicles may hang over the interior landscaped area no more than two and one-half feet. Concrete or other wheel stops shall be provided to ensure no greater overhang on the landscaped area. (See Figure 17)

         B.    Where parked vehicles will overhang a four-foot minimum spacing shall be provided from edge of pavement to all trees. (See Figure 17)

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

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

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

      (2)   No certificate of zoning compliance shall be issued unless the following criteria are fully satisfied with regard to the approved landscaping plan:

         A.   Such plan has been fully implemented on the site and inspected by the City Community Development Staff; or

         B.   Such plan has been guaranteed by an improvement agreement between the developer and the City in a form acceptable to the City Solicitor and secured by a letter of credit, cash escrow, or other instrument acceptable to the City Solicitor, in an amount equal to 110 percent of the cost of such installation. See also Section 1208.15(b), Performance Guarantees.

      (1)   The following items are suitable for screening uses individually or in combination with each other provided they create an opaque screen, subject to review and approval by the Planning Commission. Nursery stock identification tags shall not be removed from any planting prior to final inspection and approval of installation by the City.

         A.   Walls and fences. When walls or fences are used to fulfill screening requirements, they shall be detailed on the landscaping plan. They are to be of weather-proof materials. This includes pressure treating or painting of lumber if it is not redwood or cedar and using aluminum or galvanized hardware. Chain link fences with or without wooded or synthetic slat material shall not be allowed to satisfy Bufferyard C and landscaping requirements.

         B.   Plants. All plants are to be living and part of the acceptable plants list identified in Appendix C. All specifications for the specimen quality and installation of trees and shrubs shall be in accordance with the most recent edition of "American Standards for Nursery Stock" published by the American Association of Nurserymen. Trees shall be balled and burlapped or in containers. Shrubs, vines, and ground covers can be planted as bare root as well as balled and burlapped or containers.

            1.   Deciduous trees. Large/medium sized deciduous trees shall have a minimum DBH of at least two inches when installed at the time of planting. Small sized deciduous trees shall have a minimum DBH of at least one inch when planted. If deciduous trees are to be used for screening purposes, additional materials, including fences/walls or earth berms, must be used to create an opaque buffer.

            2.   Evergreen trees. Evergreen trees shall be a minimum of six feet in height at the time of planting. If used for screening, evergreen plantings shall be designed to provide an effective, opaque screen within four years of planting.

            3.   Shrubs and hedges. Shrubs and hedges shall be at least eighteen inches in height or twenty-four inches in spread at the time of planting. If used for screening, all shrubs and hedges shall be designed to provide an effective, opaque screen within four years after planting.

            4.   Grass or ground cover. Grass of the Fescus (Gramineak) or Bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in Summit County. In swales or other areas subject to erosion, solid sod, erosion reducing net, or suitable mulch shall be used and nursegrass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Ground cover shall be planted in such a manner as to provide seventy-five percent complete coverage after two growing seasons.

         A.   The maximum side slope shall be three horizontal to one vertical (3:1) and the design shall be reviewed by the City Manager to ensure that proper erosion prevention and control practices have been utilized.

         B.   Earth berms and/or elevated grades shall be designed with physical variations in height and alignment throughout their length.

         C.   Landscape plant material installed on earth berms and/or elevated grades shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.

         D.   The landscape plan shall show sufficient detail, including a plan and profile of the earth berm and/or elevated grade, soil types, and construction techniques to demonstrate compliance with the above provisions.

         E.   Earth berms and/or elevated grades shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.

         F.   No part of any earth berm and/or elevated grade which is elevated more than eighteen inches above natural grade shall be located within fifteen feet of any right-of-way or property line.

         G.   Grass or ground cover shall be used and maintained to prevent erosion of the earth berm and/or elevated grade.

         H.   No earth berm and/or elevated grade shall be left unvegetated with appropriate ground cover, mulch, turf grass or other suitable landscape material longer than one planting season after completion of construction.

         I.   Natural surface drainage patterns shall not be adversely affected by construction of earth berms and/or elevated grades.

         J.   No earth berm and/or elevated grade shall be used to allow a fence to exceed the maximum allowed height of a fence as measured from the natural grade of land without the earth berm and/or elevated grade.

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

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

 

Figure 18: Clear Sight Triangles

         A.    Existing healthy trees may be preserved and used to fulfill landscape requirements for any required planting provided they are in accordance with the standards set forth in this section.

         B.   Trees may be credited only one time towards any one bufferyard, screen, or other landscape requirements set forth in this section and other related sections. Trees must be located within the required landscape area in order to be credited.

         C.   Trees that conform to these standards and are proposed to be used for credit shall have location, species, and DBH or height indicated on the required landscape plan.

         D.   Trees shall be credited according to the following criteria in the quantities shown:

 

 

         E.   The landscape plan shall indicate the quantities of trees credited and illustrate the required surrounding landscape area for each tree credited.

         F.   If any preserved tree dies within two years, one tree of similar size and species shall be replaced for each tree credited against such a preserved tree.

         A.   Existing healthy shrubs may be used to fulfill landscape requirements for any required planting provided they conform to the standards set forth in this section.

         B.   Shrubs may be credited only one time towards any one required bufferyard, or screen.

         C.   Shrubs that conform to these standards and are proposed to be used for credit shall have location, species, and height indicated on the required landscape plan.

         D.   If any shrub used for credit dies within one year of plan approval, one shrub of similar size and species shall be replaced for each shrub credited.

(Ord. 16-44, § 7. Passed 7-19-16; Ord. 16-148, § 13. Passed 2-21-17; Ord. 18-93. Passed 10-15-19.)

      (1)   All plans for residential subdivisions of land or residential land development shall provide for private and public open space as provided in this section.

      (2)   Exemptions: The following residential subdivisions and developments shall be exempt from the public open space dedication and private open space requirements set forth in the zone district regulations and this section:

         A.   Residential subdivisions or developments of less than five residential units or lots subdivided or developed within any five-year period; and

         B.   Residential development or subdivisions in District 5 (Village Core) consisting of ten or less dwelling units or lots.

      (1)   All dedications of land for public parks and open space and all set-asides for private open space shall be consistent with the criteria and guidelines set forth in the following:

         A.   The City of Hudson Comprehensive Plan;

         B.   The Index of Ecological Integrity Report (ACRT, Inc. 1996); and

         C.   Parks and Recreation Plans and policies adopted by the City of Hudson.

      (2)   Where significant natural and scenic resource assets exist on the property, the Planning Commission shall, to the maximum extent feasible, give priority to their preservation through the park and open space dedication requirements or set aside requirements set forth in the applicable zone district regulations. The Planning Commission shall use the Index of Ecological Integrity Report (ACRT, Inc., 1996) and other applicable plans and reports, and may also seek the recommendation of the Park Board, to determine whether significant natural resources exist on a proposed site that should be protected through the dedication and set-aside requirements, with priority being given to the following sensitive areas (which are not listed in any particular priority order):

         A.   Riparian corridors.

         B.   Wetlands.

         C.   Floodplains.

         D.   Aquifer recharge areas.

         E.   Wildlife migration corridors.

         F.   Endangered wildlife/plant habitat areas.

         G.   Extensive tree canopy areas.

         H.   Scenic view areas.

         I.   Agricultural land.

         J.   Old growth forest.

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

      (4)   The following shall not be counted towards public park and open space dedication and private open space set aside requirements:

         A.   Private yards;

         B.   Street rights-of-way;

         C.   Open parking areas and driveways for dwellings;

         D.   Land covered by structures; and

         E.   Detention/retention ponds, except that detention or retention areas and stormwater management structures or facilities may be included in calculating the amount of open space required provided that such areas or facilities are accessible and usable as community amenities by the public or the residents of the development (e.g., picnic areas, playgrounds, ponds for fishing and/or boating, etc.).

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

         A.   Six acres of passive open space per 1,000 residents of a development or proportional fraction thereof; and

         B.   Three acres of neighborhood parks per 1,000 residents of a development or proportional fraction thereof.

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

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

      (1)   The Planning Commission may allow the developer to contribute funds in-lieu of land dedication at its sole discretion.

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

      (1)   The park and open space land shall be reasonably located to serve all of the residents of the subdivision or land development.

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

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

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

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

      (1)   Dedications of land shall be a minimum width of eighteen feet; and

      (2)   The multi-purpose trail or linear park shall conform to any park and recreation plan adopted by the City of Hudson, if applicable.

      (1)   Dedicated to a public entity, subject to the entity's acceptance;

      (2)   Owned jointly or in common by the owners; or

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

(Ord. 18-93. Passed 10-15-19.)

      (1)   Preserve open space in amounts that are greater than that achievable with more conventional subdivision design in order to provide a more environmentally sensitive residential development by preserving the natural character of open fields, farmland, stands of trees, ponds, streams, native vegetation, and similar natural features;

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

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

      (1)   District 1–Suburban Residential Neighborhood.

      (2)   District 2–Rural Residential Conservation.

      (3)   District 3–Outer Village Residential Neighborhood.

      (4)   District 10–Ravenna Road Mixed Use Corridor.

 

 

         A.   Intent: The intent of the following setback requirements is to establish uniform building setbacks within an open space conservation subdivision, especially uniform front yard setbacks, in order to produce building/street patterns that evoke the character of small rural villages.

         B.   Case-by-case determination: Building setbacks, yard requirements and maximum impervious area for lots within an open space conservation subdivision in these districts shall be determined on a case-by-case basis by the City Manager and PC during the subdivision approval process or the site plan approval process. All determinations of setbacks and yard requirements shall use as a starting point the minimum setbacks set forth in division (e)(2)C. of this section, which may be modified to meet the criteria set forth in 1207.01, Maximum Impervious Surface Coverage.

         C.   Recommended building/yard setbacks for open space conservation subdivision lots:

            1.   Minimum front yard setback: twenty feet.

            2.   Minimum side yard setback: ten feet.

            3.   Minimum rear yard setback (principal structure): twenty-five feet.

            4.   Minimum rear yard setback (accessory structure): ten feet for accessory private garages; five feet for all other accessory structures.

            5.   Perimeter setback: Buildings shall be setback at least 100 feet from the perimeter property line of the subdivision.

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

      (1)   A minimum of fifty percent of the gross acreage in an open space conservation.

      (2)   Subdivision shall be retained as open space.

      (3)   The open space may be of two types:

         A.   Private open space; or

         B.   Public open space, which shall be lands within the open space conservation subdivision deeded to the City, or to another entity acceptable to the City, for use and maintenance as permanent open space.

      (3)   This fifty percent open space requirement shall be credited towards the open space dedication and set aside requirements set forth in this Code, as applicable.

      (4)   See Section 1207.05, Open Space, for open space standards and criteria, including locational and design criteria.

      (1)   Compliance with all other applicable use and development standards, including adequate public facility and performance standards, as set forth in this Code.

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

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

      (4)   Protection of adjacent residential development through landscaping, screening, fencing, buffering, and similar measures. See Section 1207.04(e) for required type of landscaped bufferyards between open space conservation subdivisions and other land uses.

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

   (a)   Purposes. The purposes of this section are to protect existing properties by controlling the water runoff from development areas, to protect the environmental integrity of the existing wetlands, to preserve the water quality of Hudson's wellhead protection areas, to implement water quality studies for the Mud Brook - Powers Brook, Brandywine Creek, and Tinkers Creek watersheds, and to provide minimum design standards for stormwater management facilities.

      (1)   In addition to the requirements of the Engineering Standards for Infrastructure Construction, the following additional regulations shall be adhered to:

         A.   Retention/detention basins. Developers constructing detention basins are encouraged to design them for use as neighborhood open space and recreation components and to consider designs based on Summit County Soil and Water Conservation District recommendations or guidelines from the Center for Watershed Protection. Adequate signage declaring the intended use of the basin shall be conspicuously displayed along with appropriate warnings about storms. All such signs shall be approved by the City.

         B.   To the maximum extent feasible, the applicant's stormwater management plan shall include the following non-structural control techniques. Where the applicant proposes the use of detention/retention facilities, he must first utilize one or more of the following runoff reduction measures. The applicant shall provide a written justification of the utilization of the following in calculating storage capacities of the detention/retention facilities:

            1.   Areas undisturbed (cleared) by construction;

            2.   Restriction of development on steep slopes;

            3.   Maintenance of vegetation buffers;

            4.   Minimization of impervious surfaces and use of pervious surfaces;

         C.   Use of terraces, contoured landscapes, tiered pond systems, runoff spreaders, grass or rock-lined waterways; and/or

         D.   Use of infiltration trenches.

         E.   Other techniques appropriate to the site as recommended by the City Community Development and/or City of Hudson Engineering Department Staff.

      (2)   Wetlands may be considered for use in reducing stormwater runoff using the following criteria:

         A.   No existing or proposed structure shall be affected due to flooding during the post-development 25-, 50-, or 100-year storm.

         B.   No adverse impact will occur on existing vegetation within the wetland.

         C.   The use of a modified level spreader as defined in the City of Hudson Design Specifications is required at all stormwater outlets to the wetland.

         D.   The City may request further study parameters of the wetland if additional concerns are raised.

         E.   Exception: Wetlands located in the City of Hudson's mapped wellhead protection areas shall not be used for the purposes of reducing stormwater runoff.

         F.   The written approval of the Army Corps of Engineers and/or the Ohio Environmental Protection Agency is required.

         A.   Stormwater from no more than one acre of residential development or a one-half-acre area in commercial, industrial, or retail districts shall be transported on the surface before being intercepted by an underground drainage system.

(Ord. 18-93. Passed 10-15-19.)

      (1)   All agricultural, commercial, retail, or industrial uses;

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

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

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

      (5)   Other prohibited activities:

         A.   Use of regulated or unregulated hazardous materials, in an amount defined by the Ohio Environmental Protection Agency as constituting a medium to high pollution risk for wellhead protection purposes;

         B.   Use of above or below ground storage tanks (flammable, toxics, petroleum products, and other chemicals); and

         C.   Any other uses or activities listed by the Ohio Environmental Protection Agency, as part of the agency's Ohio Wellhead Protection Program, that fall within Category I, "Medium to High Pollution Risk," or Category II, "Medium Pollution List."

(Ord. 18-93. Passed 10-15-19.)

   (Reserved for future use)

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

 

 

         A.   Refuse collection/loading. No person shall engage in waste disposal services or refuse loading and collection or operate any compacting equipment or similar mechanical device in any manner so as to create any noise exceeding the standards set forth above when measured at a distance of fifty feet from the equipment when inside of or within 500 feet of a residential zone. No refuse loading or collection shall take place between the hours of 6:00 p.m. and 7:00 a.m.

         B.   Truck/rail loading. No truck or rail loading or unloading shall be allowed within 250 feet of a residential lot between the hours of 9:00 p.m. and 7:00 a.m.

         C.   Animals. No owner, keeper, or harborer of any animal shall permit such animal to continuously or frequently bark, howl, or emit other audible sounds that create offensive noise to the annoyance or discomfort of any person of ordinary sensibilities occupying any premises within 1,000 feet of the animal.

         D.   Homeowners' outdoor equipment.

            1.   No person shall operate engine or motor-powered lawn or maintenance tools intended for use in residential areas such as power mowers, garden tools, riding tractors, power saws, edgers, and similar equipment, that would create a noise that exceeds the fixed source standards set forth above except between the hours of 7:00 a.m. and 9:00 p.m.

            2.   Where applicable, homeowners' outdoor equipment shall have mufflers that are kept in good working condition.

            3.   Snow blowers and snow plows are exempted from time requirements of this section when necessary to remove ice and snow.

         E.   Construction. No person shall use any pile driver, shovel, hammer derrick, hoist tractor, roller, or other mechanical apparatus operated by fuel or electric power in building or construction operations between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday or between the hours of 7:00 p.m. on Saturday and 9:00 a.m. on Sunday (and all holidays observed by the City of Hudson) or after 5:00 p.m. on Sunday within a residential area, or within 500 feet of a school, except for temporary conditions approved by the City Manager.

         F.   New construction or additions. All new construction or additions in excess of 5,000 square feet that are planned to house any stationary machinery, device, or equipment that will create noise that exceeds sixty db(A) shall be reviewed to ensure that noise mitigation measures such as building noise attenuation and insulation, siting modifications, berms, barriers, and other measures are utilized to effect noise level reductions up to fifteen db(A) more than normal construction or to fifty-five db(A) at the property line abutting any residential development, whichever will result in the lower expenditure for the applicant.

         A.   Warning or alarm devices that have the purpose of signaling unsafe or dangerous situations or calling for police.

         B.   Noises resulting from authorized public activities such as parades, fireworks displays, sports events, musical productions, and other activities that have the approval of the City Manager or City Council.

 

 

      (1)   For areas used predominantly for residential purposes, it is a violation if odors are detected after the odorous air has been diluted with seven or more volumes of odor-free air. [2] 

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

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

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

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

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

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

      (4)   If the proposed uses or tenants of a facility, building, or project are known to use or store hazardous materials or wastes onsite in excess of the amounts set forth in UFC Article 4.108, the applicant shall prepare at the direction of the City Fire Chief, a hazardous materials impact analysis that:

         A.   Assesses potential off-site impacts and appropriate mitigation procedures and precautions; and

         B.   Examines methods to reduce the use and storage of hazardous materials and the production of hazardous wastes at the site.

      (1)   Hours of operation and deliveries;

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

      (3)   Placement of trash receptacles;

      (4)   Location of loading and delivery areas;

      (5)   Light intensity and hours of full illumination;

      (6)   Placement and illumination of outdoor activity areas and equipment, including vending machines and portable toilet/restroom facilities.

(Ord. 18-93. Passed 10-15-19.)

         A.   Development shall be served by and utilize public water and public sewer systems.

         B.   Any individual lot existing prior to January 2000 that has not been improved with a residential structure may be serviced by a water well and/or septic-type system where approved by the Summit County Health Department, and the lot shall meet all of the following criteria:

            1.   The lot is located more than 400 feet from existing public water and/or sewer lines; and

            2.   The lot contains soils suitable for on-site septic systems, and the proposed septic system complies with all applicable health and water quality requirements and regulations.

         C.   Lots that are exempted from connection to public utilities by this section, shall be required to utilize and tap into public utilities at such future time when they are extended to, or otherwise are available and abut the subject property.

         A.   All developments that are required to prepare a traffic impact study shall demonstrate compliance with the following transportation level of service standards. (See also Section 1207.13, Traffic Impact Studies)

            1.   Existing levels of service at peak hour are maintained on all arterial and collector roads and at all intersections within one-fourth mile of the site or that such level service shall not fall below Level of Service (LOS) C as outlined in the Transportation Network Traffic Model Analysis dated November 4, 1996, or otherwise recommended pursuant to a traffic corridor study adopted by the City of Hudson.

            2.   However, if the LOS on streets adjacent to the site or within one-fourth mile thereof is currently below LOS C, then the applicant shall demonstrate that the LOS will not fall below the current level.

         B.   All developments required to prepare a traffic impact study shall also provide an overall access management plan that demonstrates free-flowing access to the site and avoids unsafe congestion conditions on adjacent public roads and streets.

         C.   The Planning Commission may waive these requirements upon a showing by the applicant that the impact of the proposed development on roads and intersections will be de minimis.

(Ord. 18-93. Passed 10-15-19.)

      (1)   A parking and loading plan shall be required for all uses except single-family detached dwellings and two-family dwellings. The parking and loading plan shall be submitted to the City as part of the application for site plan review.

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

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

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

      (1)   Boundaries of the property;

      (2)   Number of parking spaces;

      (3)   The arrangement of parking aisles;

      (4)   The location of driveway entrances;

      (5)   Provisions for vehicular and pedestrian circulation;

      (6)   The location of sidewalks, wheel stops, lighting and curbs on or adjacent to the property;

      (7)   The location of utilities, barriers, shelters, signs, boundary walls, and fences;

      (8)   The location of landscaping in parking area and the types and location of vegetation to be planted;

      (9)   Typical cross sections of pavement, and stormwater drainage facilities; and

      (10)   Other information as set forth in Appendix A or as requested by the Community Development Department.

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

      (1)   Parking lots shall be developed in accordance with all district regulations established for the zoning district in which the parking is located.

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

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

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

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

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

      (1)   Where building floor area is designated as the standard for determining parking space requirements, floor area shall be the sum of the gross leasable horizontal area of all floors of a non-residential building.

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

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

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

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

 

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

      (1)   A sufficient number of spaces are provided to meet the highest demand of the participating uses;

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

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

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

   Figure 21: Shared Parking Facilities Encouraged

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

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

 

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

 

 

Figure 22: Parking Stall and Aisle Layout (letters reference headings in the above table)

Figure 23: Parking Along Entry Drives

Figure 24: Stall Dimensions with Continuous Curbs

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

         A.   One loading space shall be provided for all buildings having a gross floor area between 10,000 square feet to 20,000 square feet.

         B.   One additional loading space shall be provided for every additional 20,000 square feet of gross floor area, provided that no such loading space occupies any part of a public street, alley, driveway or sidewalk.

(Ord. 18-93. Passed 10-15-19.)

      (1)   Transportation plan and functional classification system.

         A.   Establishment of transportation plan and functional classification system. The location and functional classifications of necessary freeway, arterial and collector roads have been established by ordinance. All zoning district regulations referencing arterial roads shall be guided by the definition of arterial street found in Section 1213.02, Definitions, Street, arterial.

         B.   South 91 Corridor Studies. All development adjacent to SR-91 from Stoney Hill Drive to Barlow Road necessitating road improvements must be in compliance with the South 91 Corridor Access Management Plan adopted in July, 1997, as amended. All development adjacent to SR-91 from Terex Road to Norton Road must be in compliance with the SR-91 Traffic Corridor Study adopted in February 2003, as amended.

         C.   Standard Roadway Cross Section Design and Pavement Specifications. All roadways shall be designed in compliance with the City of Hudson Engineering Standards.

         D.   State Access Management Standards. In reviewing development projects adjacent to collector and arterial roads, the Planning Commission shall require adherence to the latest edition or revision of the State of Ohio Department of Transportation's State Highway Access Management Manual.

         A.   Any increases in road capacity or proposed widenings shall be in compliance with the Transportation Policy Statements of the current City of Hudson Comprehensive Plan.

         B.   Traffic impact studies. All proposed new residential subdivisions, commercial and industrial development and changes in usage in non-residential structures shall refer to the City of Hudson Engineering Standards regarding the requirement to prepare and submit a traffic impact study in accordance with the provisions there in.

         A.   All developments and subdivisions required to prepare a traffic impact study shall demonstrate compliance with level of service requirements set forth in Section 1207.11, Adequate Public Facilities, division (b)(3), Transportation.

         B.   An applicant or developer shall provide roadway improvements as required by the City to maintain or improve the level of service of an arterial or collector street shown by the traffic impact study to be adversely affected by the proposed development or subdivision.

         C.   If a proposed development or subdivision does not adversely change the level of service, the developer shall pay a proportionate share necessitated by the development of traffic mitigation measures for any proposed roadway segment or intersection improvement within a one-fourth-mile radius of a proposed development or subdivision, as outlined in the Transportation Network Traffic Model Analysis dated November 4, 1997, and whose designated level of service is at or below a LOS C as found in the November 4, 1996 Analysis.

         A.   Streets depicted on a subdivision plat shall conform to the transportation plan map and cross section design.

         B.   All streets shall be aligned to join with planned or existing streets.

         C.   All streets shall be designed to bear a logical relationship to the topography of the land.

         D.   Streets shall be laid out so as to intersect as nearly as possible at right angles.

         E.   A proposed intersection of two streets, either one new street to an existing street or two new streets, shall not have an angle less than eighty degrees.

         F.   An oblique street should be curved approaching an intersection and shall be approximately at right angles for at least 150 feet therefrom.

         G.   No more than two streets shall intersect at any one point.

         A.   Culs-de-sac should be avoided to the maximum extent feasible.

         B.   Culs-de-sac shall be permitted only if they do not exceed a maximum length of 900 feet. The measurement shall be from the mid-point of the intersection with another street to the center point of the cul-de-sac turnaround. Temporary culs-de-sac may be longer than the 900-foot maximum only when classified as a stub street.

         C.   Culs-de-sac shall have pavement with a turnaround radius of forty feet.

         D.   Cul-de-sac rights-of-way shall have minimum radius of sixty feet.

         E.   No center islands shall be allowed in culs-de-sac with a diameter of sixty feet or less.

         F.   Exceptions: Culs-de-sac in Districts 6 and 8 have no maximum length provision provided adequate emergency access is provided as approved by the Fire Department. However, proposed developments must tie into other existing developments where practicable and as required through the site plan review process.

         A.   Curb cuts on corner lots must be set back the maximum distance feasible from the adjacent intersections.

         B.   Residential lots in a subdivision adjacent to an arterial street are not permitted curb cut access to arterial streets.

         C.   Residential development is permitted a maximum of two curb cuts per lot with a maximum width at the right-of-way of twenty feet per curb cut and a combined maximum of thirty feet per lot.

         D.   Curb cuts for commercial or industrial development shall be limited to one access point on arterial and collector streets. All development adjacent to SR-91 between Stoney Hill Drive and Barlow Roads shall be subject to the provisions of the South 91 Corridor Access Management Plan.

         E.   Intersections for new streets along arterial and collector streets should be a minimum of 400 lineal feet from any intersection.

         A.   Emergency access.

            1.   Purpose. This section is intended to ensure that emergency vehicles can gain access to and maneuver at every facility, building, or portion of a building so that emergency personnel can provide fire protection and emergency services without delays.

            2.   General standard. All developments shall provide adequate access for emergency vehicles and for those persons rendering fire protection and emergency services.

            3.   Fire protection requirements. All portions of the exterior wall of the first story of any building or portion of a building must be located within 150 feet of a public street or a fire access road in which fire apparatus can be maneuvered, as approved by the Fire Department. Fire access roads shall comply with applicable standards of the Ohio Fire Code, current edition.

                  Fire access roads may be public streets (except limited access streets) and alleys, parking lots, private streets, or similar vehicular access roads.

            4.   Fire access road width. The minimum fire access road width shall be reviewed and approved by the Fire Department.

            5.   Turnarounds. Any fire access road shall have a turnaround with a proper turning radius, as approved by the Fire Department.

            6.   [Reserved.]

            7.   Parking control. Approved "No parking - Fire Lane" signs shall be provided where parking would obstruct the minimum width and turning radius. Curbs in these areas shall be painted red.

            8.   Road surface. The surface of all fire access roads shall be of an approved hard surface or compacted road base capable of supporting fully loaded fire apparatus engineered to provide a bearing weight of 60,000 pounds. All surfaces shall be maintainable in all weather conditions including snow removal.

            9.   [Reserved.]

            10.   [Reserved.]

            11.   Easements. Any private fire access road that serves multiple properties or crosses properly lines shall have proper emergency access easements.

            12.   [Reserved.]

            13.   [Reserved.]

            14.   Access. Temporary fire access roads, turnarounds, and second points of access may be used as part of an approved phased project as confirmed by listing in a subdivision plan. Any temporary access shall meet all other fire access road criteria.

                  All required fire access roads, including public streets, shall be installed and serviceable before commencement of aboveground construction.

            15.   Signs. A reflective distance marker shall be required for fire access roads greater than 900 feet in length. A market supplied and installed by the Hudson Fire Department shall be located every 900 feet of length from the main entrance of the structure to the street.

      (1)   To the maximum extent feasible, all residential, commercial, and industrial subdivisions shall provide pedestrian linkages, including bikeways, to existing trail system, parks, schools, adjacent developments, and to the Village Core where applicable. (See City of Hudson Engineering Standards. Furthermore, all residential, commercial, and industrial subdivisions shall conform to the City of Hudson Connectivity Plan of current adoption, if applicable.

      (1)   When adjacent or abutting properties do not have public sidewalks and other pedestrian non-vehicular circulation systems with which to directly connect or link, the owner or developer may, with the approval of the Planning Commission, at the owner's or developer's option, provide monetary funds in-lieu of providing public sidewalks and other pedestrian or non-vehicular circulation systems.

      (2)   For purposes of determining the value of public sidewalks and other pedestrian and non-vehicular circulation systems for funds paid in-lieu of providing the same, the Planning Commission shall establish the payment to be seventy percent of the cost the City would pay to install the system as approved by the City Engineer utilizing State of Ohio prevailing wages.

(Ord. 16-114, § 1 (Exh. A). Passed 9-6-16; Ord. 18-93. Passed 10-15-19; Ord. 24-86. Passed 10-15-24.)

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

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

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

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

      (5)   Exemption for outdoor recreational uses.

         A.   Because of their unique requirements for nighttime visibility and their limited hours of operation, ball diamonds, playing fields, tennis courts, and other similar outdoor public and commercial recreational uses are exempt from the exterior lighting standards set forth in this section and shall only be required to meet the following standards set forth in this division (b).

         B.   Limits on cutoff angle: Lighting fixtures shall be mounted and aimed so that their beams fall within the primary playing area and immediate surroundings, and so that no direct illumination is directed offsite. The aiming angle of the light source that illuminates an outdoor recreational use is not to exceed sixty-two degrees from vertical. Luminaries shall use internal louvers and/or exterior shields as necessary to help minimize glare.

         C.   Maximum permitted illumination at the property line: 0.1 footcandles.

         D.   Limits on hours of illumination: Exterior lighting for an outdoor recreational use shall be extinguished no later than 11:00 p.m.

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

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

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

      (1)   No flickering or flashing lights shall be permitted, except for temporary holiday decorations.

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

      (3)   Glare shall be controlled at all times through proper equipment selection, careful aiming, and limits on brightness as per IESNA recommendations:

         A.   Full cutoff, cutoff, or semi-cutoff light fixtures shall direct light toward the ground as per IESNA classifications. The light source shall not be visible from the property line.

         B.   Non-cutoff light fixtures shall limit the maximum initial lumens generated by each fixture not to exceed 2,000 lumens.

         C.   Building facade lighting shall be located, aimed and shielded to direct light only onto the building facade.

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

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

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

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

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

      (1)   In Zone Districts 1, 2, 3, 4, and 10, light fixtures shall be mounted on concrete or painted metal poles no higher than sixteen feet.

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

(Ord. 18-93. Passed 10-15-19.)

      (1)   To provide for orderly development within the City;

      (2)   To protect property values;

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

      (4)   To protect residential properties, parks, open spaces and the non-intensive commercial zoning districts which are characteristic of the City from the adverse effects of towers and related facilities;

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

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

      (1)   Unless the timeframe is tolled pursuant to division (c)(2) of this section, the City shall review applications for wireless telecommunication facilities within the following timeframes:

         A.   Eligible facilities requests. The City shall review an application for an eligible facilities request within sixty days of the date a complete application is filed with the City. For purposes of this section, an "eligible facilities request" is a request for modification of an existing tower that does not substantially change the physical dimensions of such tower and involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment. A substantial change occurs in the following circumstances:

            1.   The height of the tower increases by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater;

            2.   An appurtenance is added to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;

            3.   More than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets, is installed;

            4.   Any excavation or deployment occurs outside the existing site;

            5.   Concealment elements of the eligible support structure are defeated; or

            6.   The proposed change does not comply with conditions of this section.

         B.   Co-location. The City shall review an application for collocation that does not constitute an eligible facilities request within ninety days of the date a complete application is filed with the City.

         C.   All other applications. The City shall review an application that does not constitute a collocation or an eligible facilities request within 150 days of the date a complete application is filed with the City.

      (2)   The timeframe may be tolled by mutual agreement between the applicant and the City or if the application is incomplete.

      (3)   To toll an application for incompleteness, the City must provide written notice to the applicant within thirty days of receipt of the application, specifying all missing documents or information required in the application. The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness. Following a supplemental submission, the City shall notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information and the time for review shall toll until a complete document is provided. Second or subsequent notices of incompleteness shall not specify missing documents or information that were not delineated in the original notice of incompleteness.

         A.   A wireless telecommunication tower may only be permitted as a conditional use in District 8: Industrial/Office Park Development Areas. A wireless telecommunication tower is not permitted in any other zoning district in the City.

         B.   The installation of a wireless telecommunication antenna(s), and the expansion of an existing equipment shelter to serve such antenna(s), may be permitted as a conditional use on an existing wireless telecommunication tower in a residential zoning district.

         C.   The installation of a wireless telecommunication antenna(s) where the construction or erection of a tower is not proposed by the applicant, shall be permitted as an accessory use on existing towers, buildings or structures. To the extent the remaining standards of this section are applicable to the situation involving the installation of a wireless telecommunication antenna(s) on an existing tower, building or structure, such standards shall govern the installation.

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

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

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

         A.   All wireless telecommunication towers should be monopole design, and shall be painted light gray in color unless otherwise required by state or federal law.

         B.   All wireless telecommunication facilities shall be subject to review by the Architectural and Historic Board of Review (AHBR) for the purpose of enhancing the compatibility of the facilities with their surroundings. The color of a wireless telecommunication tower and/or antennas shall be as determined by the AHBR for the purpose of minimizing its visibility, unless otherwise required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

         C.   The wireless telecommunication antennas shall be of a panel design and mounted flush to the tower, building or structure which elevates the antennas, unless the applicant can demonstrate that it is not feasible from an engineering standpoint to use such antennas or to mount them in such a fashion.

         A.   The applicant shall submit a plan documenting how the wireless telecommunication facility will be maintained on the site in an ongoing manner that meets industry standards.

         B.   On each biennial anniversary of the issuance of the zoning certificate for a wireless telecommunication facility, or not more than ninety days prior thereto, the owner/user shall submit to the City a report prepared by a licensed professional engineer(s) which shall verify continued compliance of the facility with all governmental requirements including, but not limited to, the structural integrity and stability of any towers or antennas, electrical safety standards, and auxiliary power source safety standards.

         A.   A security fence not less than eight feet in height shall fully enclose those portions of the wireless telecommunication facility which come in contact with the ground. Gates shall be locked at all times.

         B.   A permanent warning sign with a minimum size of two square feet and a maximum size of six square feet shall be posted on the site. In addition the sign shall specify an emergency telephone number of the owner/user of each set of antennas on the site. The owner/user shall also provide the City Manager, the City Fire Department, the City Police Department, and the City Emergency Medical Service with information on whom to contact, an address, and a telephone number in the event of an emergency.

         A.   If at any time the use of the wireless telecommunication facility is discontinued for 180 consecutive days, said facility shall be deemed abandoned. The City Manager shall notify the owner/user in writing and advise that the facility must be reactivated within ninety days or it must be dismantled and removed from the site within that same ninety-day period at the cost of the owner/user. The owner/user of the wireless telecommunication facility shall, on no less than an annual basis from the date of issuance of the zoning certificate, file a declaration with the City Manager as to the continuing operation of each of its facilities within the City.

         B.   The applicant for the wireless telecommunication facility shall be required as a condition of issuance of a zoning certificate to post a cash or surety bond acceptable to the City Solicitor of not less than one hundred dollars ($100.00) per vertical foot from grade of the wireless telecommunication facility, which bond shall insure that an abandoned, obsolete or destroyed wireless telecommunication antenna or tower shall be removed within ninety days of cessation of use or abandonment. Any successor-in-interest or assignee of the applicant shall be required to additionally execute such bond, as principal, to insure that the bond will be in place during the period of time that the successor-in-interest or assignee occupies the facility.

(Ord. 18-93. Passed 10-15-19.)

         A.   To minimize obstructions to visibility around streets, sidewalks and driveways;

         B.   To reduce potential attractive nuisance to children, animals, etc.;

         C.   To reduce the exposure of the antenna to high wind forces, particularly from tornadoes, and reduce hazards from falling and wind-propelled objects;

         D.   To reduce impediments to moving people and equipment near buildings and to avoid interference with firefighting and emergency ingress and egress, both at and above grade level; and

         E.   To reduce potential contact and conflicts between antennas and utility lines, both above and below grade level.

         A.   A small antenna; or

         B.   A conforming commercial earth station.

         A.   A small antenna installed, maintained and used in a manner requiring a permit under the OBBC Antenna Regulations;

         B.   An antenna in an Historic District or upon a historic landmark (see Section 1207.18); or

         C.   A satellite earth station.

         A.   A freestanding antenna shall not be constructed in any front or side yard, but shall be constructed to the rear of the primary structure. Roof-mounted antennas are prohibited unless construction of a free-standing antenna in the rear yard materially limits transmission or reception. If roof-mounted, antennas shall be mounted only upon the portion of the roof of a primary structure that faces the rear yard or on an accessory structure in the rear yard, as defined in this Zoning Code.

         B.   No antenna, including its concrete base slab or other substructure, shall be constructed less than fifteen feet from any property line or easement.

         C.   An antenna shall be placed to reasonably conceal the antenna from views from neighboring properties and public rights-of-way.

         D.   An antenna, if ground-mounted, shall not exceed a grade height of fifteen feet. If roof-mounted, its height shall not exceed sixteen feet above the roof upon which it is mounted in a non- residentially-zoned district. In residentially-zoned districts, the height of a roof-mounted antenna shall not exceed the maximum height of the roof upon which it is mounted. In any event, a roof-mounted antenna shall not exceed a height equal to the maximum permissible height of a building in the zoning district in which it is located.

         E.   An antenna shall not exceed three meters in diameter.

         F.   The connection between a ground-mounted antenna and its receiving and/or transmitting equipment shall be placed at least four inches beneath the surface of the ground.

         G.   Any driving motor shall be limited to 120 volts maximum power design and shall be encased in protective guards.

         H.   An antenna must be grounded.

         I.   No sign or advertising shall be displayed on the antenna.

 

Figure 1. Calculation of open space area and area of minor protrusion

         D.   For ground signs, projecting signs, and A-Frame signs:

Figure 2. Calculation of sign area