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(a) Adult Businesses.
(1) Subject to the regulations of Chapter 856 of the Business Regulation Code, the General Offenses Code of the Codified Ordinances, and state law or regulation, an adult business may be located only in accordance with the following restrictions:
A. An adult business may only be located in Zoning District 8 (Industrial/Office Park Development Areas);
B. No such business shall be located on any lot fronting on State Route 91 (Darrow Road);
C. No such business shall be located on any lot within 500 feet of any residentially-zoned district or any residentially-used lot;
D. No such business shall be located on any lot within 1,000 feet of any public library, private or public elementary or secondary school, public park or place of worship; and
E. No such business shall be located on any lot within 1,000 feet of another sexually oriented business.
(2) For the purposes of division (a)(1) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult business is conducted, to the nearest property line of the premises of a place of worship or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residentially-zoned district or residentially-used lot.
(3) For the purposes of division (a)(1) of this section, the distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(4) An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a place of worship, public or private elementary or secondary school, public park or library within 1,000 feet, or a residentially-zoned district or residentially-used lot within 500 feet, of the adult business.
(5) No person shall establish, operate or cause the establishment or operation of any adult business in violation of the provisions of this section and Part Eight, Business Regulation Code, of the Codified Ordinances, and any other provisions of the Codified Ordinances and state statute or regulation.
(6) Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value.
(b) Outdoor Sales, Storage, and Activities.
(1) Outdoor storage, loading areas, trash collection areas, and other services structures.
A. Any outdoor storage, loading areas, trash collection areas on a lot shall be screened from public view pursuant to the requirements set forth in Section 1207.04(m), Screenings and Landscaping for Service Structures. This provision shall not apply to residentially zoned and used parcels in the City.
B. No loading areas, trash collection areas, service entrances, and similar accessory uses shall be located in a front yard.
C. Outside storage must be on a dust-free surface.
D. Materials stored outdoors shall be located so as to permit the free access of firefighting equipment around the periphery of all structures at all times.
E. Outdoor sales or merchandise for sale, which cannot be stored indoors, is prohibited unless approved by the City Manager.
(2) Vending machines. Vending machines shall not be permitted outdoors.
(c) Oil/Gas Exploration and Drilling Uses.
(1) In addition to the requirements set forth in this chapter, oil/gas exploration and drilling uses shall comply with all applicable standards set forth in the City's Business Code, Chapter 838, of the Codified Ordinances. In case of conflict between the provisions of this section and Chapter 838, the stricter provision shall apply.
(2) The location of the tank sites, access roads and barriers, and landscape screening shall comply with the following requirements. In addition, the location of the tank sites, access roads and barriers, and landscape screening shall comply with any other applicable requirements of this Code to the maximum extent feasible:
A. Storage tanks, separators, and well installations and other permanent producing facilities shall be entirely enclosed by a six-foot chain-link fence, with a gate capable of being locked, plus three strands of barbed wire above. Fences shall be kept in good state of repair until the well is abandoned and the tanks taken out of service.
B. Tank batteries shall be screened by evergreens, landforms, or wooden fencing. With any use of screening, the chain link fencing shall remain enclosing the tanks or well. Any wooden fence screening around the tanks should be at least twenty-four inches off the ground and set away from diking to permit air circulation inside the enclosure. Any well screening should be designed for removal and replacement when the well head is serviced.
C. All storage tanks shall be diked to prevent any spillover which may damage surrounding property.
D. Access roads shall be paved with suitable road materials to help prevent mud deposits on public roads and to provide emergency vehicular access during inclement weather. Access roads shall be adequately fenced and have a gate with a locking device installed at or near the public road entrance to prevent unauthorized entry from the public road.
E. During the time wells are in operation, a metal sign showing the street or road numbers, as may be approved by the Community Development Director, shall be installed on the access road gate so that the Police and Fire Departments may find the area when necessary.
(3) The names, addresses and telephone numbers of the persons responsible for the operation and maintenance of each well and tank site shall be registered with the Fire, Police, and Community Development Departments.
(4) All waste materials, such as sludge, salt water, or other waste effluents from the wells or tanks sites shall be hauled off the property and deposited at state-approved dump sites. No existing well within the City of Hudson shall be used as a brine injection well or for annular disposal of brine or any other process that may be developed that involves storing brine or other waste products in producing or exhausted wells.
(5) Where access roads connect with City roads, culvert and ditching shall be done under the supervision of the City of Hudson Engineer, who shall also be notified before operations are started. The City Engineer's final inspection shall be made after completion of all such road work.
(6) When drilling any well for oil/gas, the drilling rig shall have a "blow-out" preventer in good working order attached to the drilling equipment to prevent gas or oil from blowing out of control and causing damage to the surrounding area.
(7) No internal combustion engine shall be used to operate an external well pump.
(8) "Cuttings" or residue material, at all well drilling sites shall be treated in the same way as those which fall under regulations for special permit required by Ohio Department of Natural Resources, Division of Oil and Gas.
(9) No structure suitable for occupancy shall be erected within 100 feet of any unplugged oil and gas well head. If the well has been abandoned and plugged, no habitable structure shall be erected within twenty-five feet of the plugged well head.
(10) Tank batteries shall not be located or relocated closer than 200 feet to a structure suitable for occupancy, nor can any such structure be erected within this distance. Tank batteries shall not be located or relocated closer than 300 feet from a property line of any parcel not in the original drilling unit(s).
(11) To reduce the potential of a brush fire, weeds shall be cleared periodically from inside the tank battery fencing and shall be cut outside the perimeter of the fencing to a distance of at least thirty-six inches.
(d) Special Setback Requirements Respecting Agricultural Uses.
(1) No structure suitable for occupancy shall be located or constructed closer than 100 feet to an accessory building or fenced enclosure associated with an agricultural use except for the residence of the person engaged in the agricultural use.
(2) No accessory building or fenced enclosure associated with an agricultural use shall be located or constructed closer than 100 feet from a structure suitable for occupancy or closer than fifty feet from the property line of a residentially zoned lot, other than that of a residence of the person engaged in the agricultural use.
(3) For purposes of this division, a "fenced enclosure" may include any perimeter fence associated with an agricultural use as long as such perimeter fence forms part of an enclosure that contains such agricultural use.
(Ord. 18-93. Passed 10-15-19.)