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