1205.11   DISTRICT 8: INDUSTRIAL/BUSINESS PARK.
   (a)   Purpose.
      (1)   District 8 contains the bulk of prime, potential commercial development areas in the City of Hudson, and is intended to provide sites to accommodate the majority of future job growth in the community. The district enjoys good access to both rail and key arterial highways, and will be the focus of several significant interchange improvements. Accordingly, permitted uses encourage the development of large-scale office, industrial, and business parks. Only clean manufacturing and other industrial uses are permitted; industries that produce significant quantities of hazardous substances are specifically prohibited.
      (2)   Only to the extent necessary to serve employers and employees in the district or only as an accessory use to a principal office or industrial use, retail and services are permitted. The district also contains significant sensitive environmental areas, in particular wetlands, floodplains, and waterways. The district regulations thus require all new development to be sited in consideration of such environmental areas and, to the maximum extent feasible, to leave such areas as natural, open spaces. District 8: Hike Bike (HB) Senior Housing Overlay Zone begins at division (f) of this section.
   (b)   Uses By-Right.
      (1)   Commercial/retail.
         A.   Adult businesses, subject to Section 1207.19(a).
         B.   Banks or other financial institutions, subject to the conditions set forth in division (d) of this section.
         C.   Medical clinics.
         D.   Office business parks.
         E.   Offices, business or professional, not located in a business park.
         F.   Recording, radio, or television studios.
         G.   Restaurant, subject to the conditions set forth in division (d) of this section.
         H.   Retail uses, subject to the conditions set forth in division (d) of this section.
         I.   Services, business, personal or repair, subject to the conditions set forth in division (d) of this section.
         J.   Showrooms and salesrooms for wholesale distribution.
         K.   Wholesale trade.
      (2)   Industrial uses (subject to the performance standards set forth in Section 1207.10 ).
         A.   Industrial business parks.
         B.   Industrial uses light.
         C.   Research laboratories, including but not limited to:
            1.   Theoretical and applied research in all the sciences;
            2.   Product development and testing;
            3.   Product engineering development; or
            4.   Market development.
         D.   Resource recovery operations conducted entirely within an enclosed structure.
         E.   Warehousing, distribution, and/or storage.
         F.   Workshops and custom small industry uses.
      (3)   Institutional/civic/public uses.
         A.   Essential public utility and public services installations, including but not limited to bus shelters and bus stops, but not including power generating stations, or transfer stations.
         B.   Government administrative offices.
         C.   Government public works and service facilities.
         D.   Public park or recreation areas, including multipurpose trails.
         E.   Public recreational facilities, indoor or outdoor.
         F.   Public safety and emergency services.
      (4)   Planned developments.
         A.   Planned development, subject to the standards and procedures set forth in Sections 1203.04 and 1204.02.
      (5)   Accessory uses.
         A.   Storage of goods, non-hazardous materials and equipment is permitted in the side and rear yard. Storage shall be screened from view on the front by Bufferyard B and shall be screened from view of the side lot lines by Bufferyard A as described in Section 1207.04(g).
         B.   See Section 1206.03, Accessory Uses.
   (c)   Conditional Uses. The following uses shall be conditionally permitted in District 8 subject to meeting all applicable requirements set forth in this section and Section 1206.02 , Conditional Uses.
      (1)   Residential uses.
         A.   Assisted living.
      (2)   Commercial/retail uses.
         A.   Assembly and meeting halls, provided that such use of a structure shall not exceed 16,000 square feet of gross floor area. The gross floor area requirement shall not be subject to a variance by the Board of Zoning and Building Appeals.
         B.   Automobile repair and services, but not including automobile wrecking or salvage, provided any accessory retail sales use shall not exceed 2,500 square feet in gross floor area.
         C.   Commercial nurseries.
         D.   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.
         E.   Day care centers, child or adult.
         F.   Lodging.
         G.   Recreational or sports training facilities, commercial.
         H.   Vehicle and equipment rentals.
         I.   Vehicle repair/services.
         J.   Wireless telecommunication facilities, including towers as regulated by the requirements of Section 1207.15.
      (3)   Industrial uses.
         A.   Industrial use, heavy.
         B.   Recreational vehicle, boat, or truck storage.
      (4)   Institutional/civic/public uses.
         A.   Continuing care retirement community.
         B.   Convention or conference center.
         C.   Government facilities, offices, and services.
         D.   Hospitals, including heliports as an accessory use.
         E.   Institutional residential for the handicapped or elderly.
         F.   Public safety and emergency services, including but not limited to police or fire stations, emergency medical service facilities, or similar uses.
      (5)   Agricultural uses.
         A.   General agricultural operations.
      (6)   Accessory uses.
         A.   Oil and gas exploration and extraction of lots of at least twenty acres in size under single ownership.
         B.   See Section 1206.03, Accessory Uses.
   (d)   Special Conditions.
      (1)   Commercial and retail uses permitted by right or conditionally and that reference this division whether the use is one or more than one business establishment, shall be permitted in Districts 6 and 8 only if one of the following conditions is met:
         A.   The commercial or retail activity is part of a planned development and the total commercial or retail use does not exceed 10,000 gross square feet in any one building and the total commercial and/or retail uses does not exceed 40,000 gross square feet within any planned development; or
         B.   The total commercial or retail uses does not exceed the lesser of 10,000 gross square feet or twenty-five percent of the gross floor area of any one building used or designed for office or industrial uses and does not exceed 40,000 gross square feet of the existing combined building gross floor area on the same parcel; or
         C.   Commercial or retail uses may occupy a building separate from an office or industrially-used building, provided there exists at least 30,000 gross square feet of building space used or designed for office or industrial use on the same parcel. The total commercial or retail uses shall not exceed twenty-five percent of the gross floor area of the total building gross floor area on the parcel, and shall not exceed a total of 40,000 gross square feet on the same parcel.
   (e)   Property Development/Design Standards. In addition to compliance with all applicable standards set forth in Chapter 1207 , Zoning Development and Site Plan Standards, including but not limited to Section 1207.18 , Zoning Development and Site Plan Standards for Districts 6 and 8, development in District 8 shall comply with all of the following development/design standards (all standards are minimum unless otherwise noted).
      (1)   Maximum floor area to lot area ratio.
         A.   Office uses:
            1.   Stand-alone: .40 to 1.0
            2.   As part of a business park: 1.0 to 1.0
         B.   Industrial and warehouse uses:
            1.   Stand-alone: .40 to 1.0
            2.   As part of a business park: 1.0 to 1.0
         C.   Mixed office and industrial uses: 1.0 to 1.0
      (2)   Minimum parcel size.
         A.   Office uses: two acres.
         B.   Office or industrial park: five acres.
         C.   Industrial uses: two acres.
      (3)   Setbacks. Setbacks in District 8 shall be: determined on case-by-case basis. Because of the pervasiveness of sensitive environmental areas within District 8, building setbacks and yard requirements for development shall be determined on a case-by-case basis by the Planning Commission or City Manager in cases of administrative review, either during the subdivision approval process or during the site plan approval process. All determinations of setbacks and yard requirements shall use as a starting point the setbacks set forth in division (e)(3)B. and C. of this section, which may be modified pursuant to the criteria set forth in Section 1207.18 (b)(3). The determination shall also be based on setbacks of existing buildings on adjacent lots and parcels and protection of any adjacent residential uses.
         A.   Minimum front yard setbacks: fifty feet for principal and accessory buildings; and twenty-five feet for parking areas/lots.
         B.   Minimum side and rear yard setbacks: twenty-five feet.
         C.   Setbacks from adjacent residential uses other than the Hike Bike (HB) Senior Housing Overlay Zone: Notwithstanding the provisions above:
            1.   All buildings and structures, shall be located at least 100 feet from the lot line of any adjacent residentially zoned property.
            2.   All materials, and vehicles, whether such vehicle is parked or stored, shall be located at least fifty feet from the lot line of any adjacent residentially zoned property.
            3.   All buildings and structures shall be located at least fifty feet from the lot line of any adjacent residentially used property.
            4.   All materials, and vehicles, whether such vehicle is parked or stored, shall be located at least twenty-five feet from the lot line of any adjacent residentially used property.
            5.   The minimum setbacks of division (e)(3)A., B., and C. of this section shall apply within District 8 proper and its permitted uses including office and industrial uses adjacent to all property within the Hike Bike Senior Housing Overlay Zone.
         D.   Bufferyards adjacent to Hike Bike Senior Housing Overlay Zone: Any permitted use developed in District 8 proper adjacent to property located with the overlay shall not be required to install a bufferyard more intense than Bufferyard "B".
      (4)   Maximum structure height.
         A.   Wireless telecommunication towers: less than 200 feet.
            Wireless telecommunication equipment shelter: fifteen feet.
         B.   All other uses: fifty feet.
      (5)   Architecture and design standards. All uses in District 8 shall comply with the design standards set forth in Section 1207.18 .
      (6)   Vehicular access/driveway curb cuts.
         A.   All development shall comply with the standards and requirements set forth in any adopted comprehensive access management plans for the State Route 91 corridor.
         B.   Driveway curb cuts. To the maximum extent feasible, the number of curb cuts shall be minimized by consolidation, shared driveways, or other means. See Section 1207.18(f) regarding restrictions on curb cuts to arterial and collector streets.
      (7)   Location of parking. Off-street parking should be located at the rear or side of buildings. Parking may be located in the building front yard if limited to twenty-five percent of the required off-street parking, or a one aisle parking bay across the front of the building. There is no maximum amount of parking in the building front yard if the parking is screened with trees and/or mounding in addition to parking lot perimeter landscaping.
      (8)   Loading areas. Loading docks and other loading areas may be sited at the rear or to the side of buildings, provided that such areas are screened in compliance with Section 1207.18 .
      (9)   Pedestrian amenities/linkages.
         A.   Provision shall be made in the design of all developments for non-vehicular circulation systems, including but not limited to sidewalks, pathways, and bikeways.
         B.   Sidewalks:
            1.   Sidewalks or paved paths at least five feet wide shall be provided on one side of an abutting public street, except on Darrow Road where they shall be provided on both sides of the street.
            2.   Sidewalks at least five feet wide shall be provided along the full length of a building facade that features a customer entrance and along any building facade abutting a public parking area.
            3.   All internal pedestrian walkways shall be designed to be visually attractive and distinguishable from driving surfaces through use of durable, low-maintenance surface materials such as pavers, brick, or scored concrete to enhance pedestrian safety and comfort.
         C.   Compliance with access management plan: As applicable, all development with frontage on State Route 91 shall comply with the pedestrian access standards and requirements set forth in any adopted comprehensive access management plans for the State Route 91 corridor.
         D.   Linkages: To the maximum extent feasible, provision shall be made in the design of developments for connections with existing or future pedestrian systems on adjoining properties, including but not limited to connections to existing or planned future sidewalks, bikeways, walkways, or trail systems.
   (f)   Hike Bike (HB) Senior Housing Overlay Zoning District 8.
      (1)   Purpose of overlay zone.
         A.   This overlay zone within District 8 recognizes the unique presence of the Metro Parks Hike and Bike (HB) Trail as a geographic feature and community amenity. The overlay zone is intended to house residents age fifty-five and over providing smaller yards for convenience and ease of maintenance within a larger subdivision that will maximize connections to the Hike and Bike Trail. All portions of the overlay zone are within 1,100 feet, less than one-quarter mile from the Hike and Bike Trail. This housing will assist the goal of providing diversity in housing options in the City with proximity to centers of employment and health/wellness with a variety of housing types and lot sizes.
         B.   Adjacent District 9 and amenity retail allowed within the overlay zone offers a proximity of current and future facilities and services which especially benefit active adult seniors. It recognizes a community planning trend away from the isolation of uses given the changing nature of "industrial" and the desire for mixed and adjacent uses, such as housing, retail and offices. There is a specific intention to not offer a residential environment protected from the effects of usual and customary commercial and industrial business activity. Non-vehicular circulation is given a high priority and potential traffic impacts will be mitigated through implementation of the State Rt. 91 Traffic Corridor Study. The overlay zone supersedes the underlying industrial and business park zoning in District 8.
      (2)   Uses by-right.
         A.   Age restricted residential, see property development standards below:
            1.   Duplexes.
            2.   Single-family, attached.
            3.   Single-family, detached.
            4.   Residential group homes for up to five handicapped or elderly people.
            5.   Townhomes.
         B.   Institutional/civic/public:
            1.   Public park or recreation areas, including multi-purpose trails.
            2.   Public recreational facilities, indoor or outdoor.
            3.   Public safety and emergency services.
            4.   Essential public utility and public services installations.
      (3)   Conditional uses. The following uses shall be conditionally permitted in the District 8 Overlay Zone subject to meeting all applicable requirements set forth in this section and Section 1206.02 , Conditional Uses.
         A.   Residential:
            1.   Assisted living.
            2.   Dwelling units above or mixed with offices or other commercial space.
            3.   Model homes.
            4.   Multi-family.
            5.   Residential group homes for the handicapped or elderly (from six to eight people).
         B.   Commercial:
            1.   Bed and breakfast inn.
            2.   Offices*, business or professional.
            3.   Private membership recreational facilities or clubs.
            4.   Restaurants*, except drive-through restaurants.
            5.   Retail uses.*
            6.   Services* for personal, business, or repair, except for vehicle.
               * Subject to special condition that such use must be located within 1,000 feet of both the Metro Parks Hike and Bike Trail and District 9.
         C.   Institutional/civic/public: Public, non-profit, or private cultural facilities, including but not limited to libraries and museums.
         D.   Planned developments: Planned developments, subject to the standards and procedures set forth in Sections 1203.04 and 1204.02, except "density bonuses", Section 1204.02(c) shall not apply.
      (4)   Property development/design standards. In addition to compliance with all applicable standards set forth in Chapter 1207 , Zoning Development and Site Plan Standards, development in the District 8 Overlay Zone shall comply with all of the following development/design standards (all standards are minimums unless otherwise noted):
         A.   Residential occupant restrictions on years of age.
            1.   Homeowners association. All dwellings shall be included within a development having a mandatory homeowners association. Said homeowners association shall be incorporated in Ohio and the association shall provide for building and grounds maintenance and repair, insurance and working capital to accomplish such purposes. Said association shall publish and adhere to policies and procedures that demonstrate that the community is intended and operated to provide housing for persons fifty-five years of age and older including maintaining surveys or affidavits verifying compliance with fifty-five years of age and older occupancy requirements as permitted by 42 U.S.C. 3607(b)(2)(C) of the Housing for Older Persons Act of 1995 and its implementing regulations. Said association shall also be governed by the declarations of covenants and restrictions and by laws including rules and regulations which shall at a minimum regulate and control the following:
               a.   A restriction that requires homes to be occupied by persons fifty-five years of age or older, or a demonstration that at least eighty percent of the occupied units are occupied by at least one resident who is age fifty-five years of age or older; and
               b.   A restriction on homes to the effect that persons under the age of nineteen years of age shall not occupy or reside in a residential unit for more than ninety consecutive days or more than 120 cumulative days in any one calendar year.
               c.   The association may grant variance from the above restrictions, unless the granting of a variance would result in less than eighty percent of the residential units being occupied by one person fifty-five years of age or older or would jeopardize the property's status as housing for older persons under the Fair Housing Acts. Any request for a variance submitted to the association pursuant to this division shall set forth the names and ages of all proposed residents of the residential unit, the reason for the request and such other information as the association may reasonably require.
            2.   Covenants and restrictions. Legally binding covenants and/or deed restrictions that run with the land shall apply to all dwelling units that will bind the applicant, any assignee, mortgagee, or buyer, and all other parties that receive title to the property to the restrictions contained within this section. The grantor must state in any deed or instrument conveying title to a dwelling unit, that the property conveyed is an adult dwelling unit and is subject to the restrictions contained in this section. No covenant referencing any of the regulations or restrictions herein shall be recorded, nor shall any plat for land containing dwelling units be recorded, until and unless said covenant and/or deed restrictions that are consistent with the requirements of this section are approved by the City and enforceable by the City. The City of Hudson reserves the right, but not the responsibility, to enforce deed restrictions.
            3.   Each developer, condominium association, or homeowner association, in a form satisfactory to the City Solicitor, shall protect and indemnify the City from and against all damages, claims for damages or costs of litigation which may arise directly or indirectly as a result of the age restrictions of the overlay district. The form may be an insurance policy, surety bond, or other satisfactory mechanism in a form satisfactory to the City Solicitor.
         B.   Maximum net density:
            1.   Single-family detached: Four dwelling units per acre.
            2.   Duplexes: Four dwelling units per acre.
            3.   Single-family attached: Six dwelling units per acre.
            4.   Townhomes: Eight dwelling units per acre.
            5.   Multi-family: Twelve dwelling units per acre.
         C.   Permitted mix of residential uses per development: No more than sixty-five percent of the dwellings of any residential development shall be single-family detached. At least thirty-five percent of the dwellings shall be single-family attached, duplex, townhome or multi-family type and at least three of these four dwelling types shall be included in each development.
         D.   Age oriented accessibility: Each single-family (attached or detached) or duplex type dwelling shall have at least one house entry from the exterior be a step-free entrance.
         E.   Open space: Residential development shall set aside a minimum of twenty-five percent of the gross land area for private open space. As active adult age restricted dwellings, for purposes of calculating the amount of public open space dedication a dwelling unit shall be assumed to contain 1.8 persons per residence.
         F.   Allowed lot size: minimum/maximum.
            1.   Single-family detached and duplex: 6,000/9,000 SF.
            2.   Single-family attached: 6,000/9,000 SF.
            3.   Townhomes: 2,500/no max SF.
            4.   Multi-family: 10,000/no max SF.
         G.   Maximum building footprint:
            1.   Retail and services: 2,000 gross square feet.
            2.   Office: 5,000 gross square feet.
         H.   Minimum lot width:
            1.   Single-family detached: fifty-six feet, with limited use of lesser lot widths allowed as narrow as forty-five feet. "Limited" means lot widths less than fifty-six feet shall be used no more than four lots within a span of 500 feet.
            2.   Duplexes: sixty feet.
            3.   Single-family attached: twenty feet.
            4.   Townhomes: twenty-four feet.
            5.   Multi-family uses: 150 feet.
            6.   Non-residential uses: fifty feet.
         I.   Setbacks: Unless modified pursuant to Section 1203.08, Minor Modifications, the yard setbacks shall be:
            1.   Front yard setback: twenty feet minimum, thirty-five feet maximum.
            2.   Minimum side yard setback:
               a.   Single-family detached/attached: five feet, fifteen feet total both sides.
               b.   Other residential: ten feet.
               c.   Side-facing attached garage: twenty-five feet.
               d.   Other accessory structures: five feet.
               e.   Corner lots: twenty feet for street side not designated as "front".
            3.   Minimum rear yard depth:
               a.   Principal structure: thirty feet.
               b.   Accessory structure: eight feet.
         J.   Maximum number of units per structure:
            1.   Townhomes: eight units per structure.
            2.   Multi-family: twelve units per structure.
         K.   Maximum structure height: thirty-five feet.
         L.   Building siting and orientation.
            1.   Principal residential structures–single-family detached and duplexes.
               a.   The main entrance(s) to the residence shall face the street.
               b.   The front wall of the principal structure shall be parallel to the street or perpendicular to a radius of the curve of the street extended through the approximate center of the main mass, if the street is curved.
            2.   Principal residential structures–single-family attached, town homes, and multi-family.
               a.   The entrance to at least one dwelling unit within each building shall face the street.
               b.   Each unit within a structure shall have its own front entryway to the outside.
               c.   The front wall of the principal structure, or the front wall of at least one principal structure in a multi-building development, shall be parallel to the street or perpendicular to a radius of the curve of the street extended through the approximate center of the main mass, if the street is curved.
            3.   Principal residential structures on corner lots.
               a.   In general, the structure shall face one of the streets and not the corner.
               b.   One side of the structure shall be designated the "front" and shall be subject to the requirements set forth in division (f)(4)A. or B. of this section, and requirements regarding private walks and entryways set forth below in division (f)(4)N. of this section.
            4.   Private garages.
               a.   Doors of attached garages may face the street of no more than fifty percent of the single-family attached and detached, duplex, and townhome dwellings within a street frontage of 500 feet.
               b.   Detached garages shall be located only in the rear yard.
               c.   New development of a residential dwelling shall provide space for the storage of at least one car within an enclosed garage.
               d.   Garages for single-family or townhome dwellings shall not be larger than 720 square feet.
            5.   Non-residential development.
               a.   The main entrance to the principal structure shall face the street.
               b.   The front wall of the principal structure shall be parallel to the street or perpendicular to a radius of the curve of the street extended through the approximate center of the main mass, if the street is curved.
               c.   The main body of the principal structure shall be closest to the street.
         M.   Architecture and design standards. Architectural design guidelines located in Appendix D apply except for those regarding parking garages and the look alike standards. These two topics have been modified as follows:
            1.   Attached garages are restricted within each single-family attached, single- family detached and town homes development so that:
               a.   No more than fifty percent of the dwellings shall have front facing garages within a span of street of 500 feet; and
               b.   No more than sixty percent of the dwellings shall have the garage forward of the main house mass; and
               c.   No dwelling shall have an attached garage that is both a front facing and forward of the main house mass.
               d.   Front facing garage doors must be single car widths and finished to blend with the main cladding materials of the home. Each individual opening is not to exceed nine feet clear height and twelve feet clear width.
               e.   Front elevations shall be designed to minimize the visual impact of the garage. A front entry garage must be set back a minimum of two feet from the front line of the main mass of the house. Second floors may project over the garage and porches or other architectural elements may project beyond the face of the garage. (Garages whose doors are located on a side or rear elevation of the building are not required to step back from the facade.)
            2.   No parking garage accessory structures are allowed for multifamily or mixed-use structures. Parking must be surface lots, or if structured and attached to the principal structure containing the dwelling units then is permitted.
            3.   Single and two family dwellings shall not look alike. The subject building shall not look like the buildings on two lots to either side of it and three buildings facing it across the street.
         N.   Private walkway entrances. All new development shall connect the front of the principal structure to the sidewalk with a private connecting walkway entrance and/or driveway surfaced with either concrete, brick, or stone.
         O.   Driveway curb cuts.
            1.   Single-family detached: No more than one driveway curb cut per lot.
            2.   Single-family attached, duplexes and multi-family: No more than driveway curb cuts per development site.
            3.   Non-residential uses: No more than one driveway curb cut per lot.
            4.   Compliance with traffic study: All developments must comply with the State Route 91 Traffic Corridor Study.
         P.   Location of parking. In addition to the off-street parking requirements set forth in Section 1207.12, off-street parking requirements set forth in Section 1207.12, off-street parking shall be located only to the side and rear of the principal building. Off-street parking shall not be allowed within the front setback area.
         Q.   Distance between residential buildings. Structures containing either single-family-attached, townhomes, or multi-family dwelling units shall be separated from each other by a minimum of sixteen feet at their closest points.
         R.   Pedestrian/bicycle pathways and linkages:
            1.   Provision shall be made in the design of all developments for non-vehicular circulation systems, including but not limited to sidewalks, pathways, and bikeways. Funds in lieu of public sidewalks and other non-vehicular circulation systems may be provided as set forth in Section 1207.13(e).
            2.   Any amount of land set aside for trails in a development shall be credited toward either the public or private open space requirements set forth in this section and in Section 1207.05.
            3.   Sidewalks or multi-use paths shall be provided on both sides of all streets, shall run parallel to the street within the right-of-way, and shall be separated from the curb by a planting strip at least five feet in width. Sidewalks shall be at least five feet wide.
            4.   Provision shall be made in the design of developments to feature interconnections with existing or planned streets and pedestrian or bikeway systems on adjoining in properties with multi-use paths eight feet in width, and sidewalks.
         S.   Environmental standards. See Section 1205.14, Floodplain/Floodway Overlay.
(Ord. 16-148, § 9.  Passed 2-21-17; Ord. 18-93.  Passed 10-15-19.)