1213.02   DEFINITIONS.
   The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section:
   (1)   "Access drive" shall mean a way or means of approach, other than a street or road, to provide vehicular entrance to a property. See "driveway."
   (2)   "Accessory building" shall mean a building detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal building or use, and ordinarily located on the same lot with such principal building.
   (3)   "Accessory structure" shall mean a structure detached from a principal building and customarily used with, and clearly incidental and subordinate to, the principal building or use, and ordinarily located on the same lot with such principal building.
   (4)   "Accessory use" shall mean a use of land or of a building or portion thereof customarily used with, and clearly incidental and subordinate to, the principal use of the land or building and ordinarily located on the same lot with such principal use.
   (5)   "ADT" shall mean the average daily traffic volumes on a street or road.
   (6)   "Adequate public facilities (APF)" shall mean the public facilities and services necessary to maintain the adopted level of service standards.
   (7)   "Adult arcade" shall mean any place to which the public is permitted or invited where either or both: (i) motion picture machines, projectors, video or laser disc players, or other video image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time; and (ii) where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
   (8)   "Adult bookstore", "adult novelty store," or "adult video store" shall mean a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
      A.   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, videodisks, CD-ROM disks, or video reproductions, slides or other visual representations that are characterized by the depiction of or description of specified sexual activities, or
      B.   Specified anatomical areas; or instruments, devices or paraphernalia, other than prophylactics, that are designed for use in connection with specified sexual activities.
   (9)   "Adult business" shall mean an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center.
   (10)   "Adult cabaret" shall mean a nightclub, bar, restaurant or similar commercial establishment that regularly features:
      A.   Persons who appear in a state of nudity or a state of semi-nudity;
      B.   Live entertainment characterized by the depiction or description of specified anatomical areas or by specified sexual activities;
      C.   Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
      D.   Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
   (11)   "Adult motion picture theater" shall mean a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, videodisks, CD-ROM disks, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
   (12)   "Adult theater" shall mean a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the depiction or description of specified anatomical areas, specified sexual activities, or live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainment.
   (13)   "Affordable housing" shall mean housing that will be affordable to those families or persons earning not more than fifty percent of the median family income of the City of Hudson as determined by the City Manager from available regional, state or federal data, assuming that such families or persons shall not be required to expend more than thirty percent of their gross income on housing costs.
   (14)   "Agricultural operations, general" shall mean uses of property generally accepted under Ohio law to be agricultural in nature, and may include general farming, dairying, pasturage, agriculture, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry, as well as accessory uses for packing, treating, or storing produce provided that the operation of the accessory uses shall be secondary to that of the general agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals. This does not include boarding kennels for domestic pets, accessory horses, or the accessory keeping of chickens on residential property.
   (15)   "Alley" shall mean a minor way used primarily for vehicular service access to the back of properties abutting on a street.
   (16)   "Allocation year" shall mean the period from August 1 to July 30 of the succeeding year.
   (17)   "Alteration" shall mean any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
   (18)   "Amendment" shall mean any addition, deletion, or revision of the text of this Code or any addition, deletion, or revision of the Official Zoning Map adopted by the City Council after public hearings.
   (19)   "Antenna" shall mean a device, designed and intended for transmitting or receiving television, radio or microwave signals. An antenna includes all mounting and stabilizing items, such as a tower, a pole, a bracket, guy wires, hardware, connection equipment and related items. For purposes of this Code, "antenna" does not include "wireless telecommunication antenna" as defined and used elsewhere in this Code and does not include amateur radio antennas. Antennas are also "structures" within the meaning of this Code.
   (20)   "Annual residential development allocation" shall mean the maximum number of residential units that will be available for allotment in any allocation year as established by City Council on advice of the City Manager and Planning Commission.
   (21)   "Applicant" shall mean a developer, landowner, or other person with a legal property interest, including heirs, successors, and assigns, who has filed an application for subdivision or development.
   (22)   "Application for subdivision or development" shall mean the application form and all accompanying submittal documents and exhibits required of an applicant by an approving authority for review of site plans, conditional uses, subdivisions, planned developments, and other similar development or land use purposes.
   (23)   "Art gallery" shall mean an institution or business devoted to the exhibition and/or sale of works of art to the public.
   (24)   "Artisan studio" shall mean the workshop of an artist, sculptor, or craftsperson.
   (25)   "Assembly" or "meeting halls" shall mean an establishment primarily providing space for group meetings and engaged in the preparation and serving of meals and/or beverages to either the private membership of the establishment or to groups on a prearranged and contractual basis.
   (26)   "A-Scale sound level (dBA)" shall mean the measurement of sound approximating the auditory sensitivity of the human ear and used to measure the relative noisiness or annoyance of common sounds.
   (27)   "Assisted living" shall mean residences for the elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation.
   (28)   "Automated teller machine (ATM)" shall mean a mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access-controlled facility.
   (29)   "Automotive dealer" shall mean the use of any building, land area, or other premises for the display and sale of new or used automobiles generally, but may include light trucks or van, trailers, or recreational vehicles, and including any vehicle preparation or repair work conducted as an accessory use.
   (30)   "Automobile repair and services" shall mean any building, land area, or other premises, or portion thereof, used for the servicing and minor repair of automobiles and as permitted accessory uses the sale, application, or installation of lubricants, tires, batteries, and similar vehicle accessories. "Automobile repair and services" shall not include premises where automobile repair activities of automobile painting and body work are conducted.
   (31)   "Automobile service station" shall mean any building, land area, or other premises, or portion thereof, used for the retail dispensing or sale of vehicular fuels; servicing and minor repair of automobiles; and as a permitted accessory use the sale, application, or installation of lubricants, tires, batteries, and similar vehicle accessories. "Automobile service stations" shall not include premises where automobile repair activities of automobile painting, and body work are conducted.
   (32)   "Bank or financial institution" shall mean establishments engaged in deposit banking. Typical uses include commercial banks, savings institutions, and credit unions.
   (33)   "Bar or tavern" shall mean an establishment providing or dispensing by the drink for on-site consumption fermented malt beverages, and/or malt, special malt, vinous or spirituous liquors, and in which the sale of food products such as sandwiches and light snacks is secondary.
   (34)   "Barn" shall mean a farm building used to store farm products or shelter livestock as an agricultural use.
   (35)   "Basement" shall mean a space having one-half or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half feet (as distinguished from a cellar which has less than one-half of its floor-to-ceiling height above the average level of the adjoining ground or has a floor-to-ceiling height of less than six and one-half feet).
   (36)   "Bed and breakfast inn" shall mean an establishment operated in a dwelling unit, or portion thereof, that provides short-term lodging, with or without the service of a morning meal only, for compensation and where the operator lives on the premises, or in adjacent premises.
   (37)   "Bedroom" shall mean a private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom.
   (38)   "Berm, in the context of landscaping or bufferyard requirements," shall mean a mound of earth typically used to shield, screen, and buffer undesirable views and to separate potentially incompatible land uses.
   (39)   "Bikeway" shall mean either of the following:
      A.   "Bicycle lane" shall mean a portion of the roadway designated for bicycles by striping, signage and/or pavement markings for preferential or exclusive use of bicycles. Bike lanes must be located on both sides of the road to accommodate bicyclists traveling in the same direction as the adjacent vehicular lane.
      B.   "Bicycle path" shall mean a facility physically separated from the roadway and intended for bicycle use. A bicycle path is designed for the use of two-lane, two-way bicycle traffic. Paths may be located within open space through a development, along an abandoned rail line or adjacent to an existing road.
   (40)   "Boarding kennel" shall mean a facility for the keeping, breeding, raising, grooming or training of four or more domestic animals, that are not owned by the owners or occupant of the premises, for commercial purposes. This does not include animals in pet shops or veterinary facilities.
   (41)   "Building" shall mean any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, which is governed by the following characteristics:
      A.   Is permanently affixed to the land;
      B.   Has one or more floors and a roof; and
      C.   Is bounded by either open space or the lot lines of a lot.
   (42)   "Building footprint area" shall mean the area of a lot or site included within the surrounding exterior walls and supporting columns of a building. In the absence of surrounding exterior walls, the building footprint shall be the area under the horizontal projection of the roof. Building footprint area does not include patios and decks.
   (43)   "Building, principal" shall mean the building or structure on a lot used to accommodate the primary permitted use, such use possibly occurring in more than one building or structure.
   (44)   "Building mass" shall mean the three-dimensional bulk of a building: height, width, and depth.
   (45)   "Bufferyard" shall mean open spaces, landscaped areas, fences, walls, berms, or any combination thereof, used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.
   (46)   "Bus" shall mean a rubber tire vehicle designed for roadway operation for public transportation.
   (47)   "Bus shelter" shall mean a small, roofed structure, usually having three walls, located near a street and designed primarily for the protection and convenience of bus passengers.
   (48)   "Business park, office or industrial" shall mean a tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial or office uses, with consideration given to overall on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.
   (49)   "Business services" shall mean establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; commercial printing services; and personal supply services.
   (50)   "BZBA" shall mean the Board of Zoning and Building Appeals.
   (51)   "Capacity" shall mean, where used in reference to any street, the maximum traffic volume for which such street can provide an adequate level of service.
   (52)   "Car wash" shall mean any building, structure, or premises or portions thereof used for washing automobiles, and includes automatic car washes.
   (53)   "Cartway" shall mean the portion of a street, drive, or alley that is designed and intended for vehicular traffic.
   (54)   "Cellar" shall mean a space having less than one-half of its floor-to-ceiling height above the average level of the adjoining ground or a floor-to-ceiling height of less than six and one-half feet. See "basement."
   (55)   "Cemetery" shall mean land used or intended to be used for the burial of the dead and dedicated for cemetery purposes.
   (56)   "Certificate of appropriateness" shall mean the official document issued by the Architectural and Historic Board of Review approving and/or concurring in the approval of construction, erection, alteration, removal, moving, or demolition of any structure or building located in the Historic District or of any historic landmark.
   (57)   "Certificate of zoning compliance. See "zoning certificate."
   (58)   "Character" shall mean those attributes, qualities, and features that make up and distinguish a development project and give such project a sense of purpose, function, definition and uniqueness.
   (59)   "Church" shall mean a building or structure, or groups of buildings or structures, and associated accessory uses that by design and construction are primarily intended for conducting organized religious services.
   (60)   "Clear sight triangle." See "sight distance."
   (61)   "Clearing" shall mean any intentional or negligent act to cut down, remove all or a substantial part of, or damage a tree or other vegetation that will cause the tree or other vegetation to decline and/or die. Such acts include, but are not limited to, damage inflicted upon the root system of the vegetation by the application of toxic substances, by the operation of equipment and vehicles, by storage of materials, by the change of natural grade due to unapproved excavation or filling, or by the unapproved alteration of natural physical conditions.
   (62)   "Clinic." See "medical clinic."
   (63)   "Club" shall mean an organization of persons for special purposes or for the promulgation of sports, arts, literature, politics, or other common goals, interests or activities, characterized by membership qualifications, dues, or regular meetings, excluding clubs operated for profit and places of worship.
   (64)   "Clustering" shall mean a site design technique that concentrates buildings or lots on a part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
   (65)   "Co-location" shall mean the use of a wireless telecommunication facility by more than one wireless telecommunication provider.
   (66)   "Commercial development" includes office, retail, service business, and other similar nonresidential development.
   (67)   "Common open space" shall mean land within or related to a development, not individually owned or dedicated for public use but generally owned and maintained by a homeowners association, that is designed and intended for the common use or enjoyment of the residents of the development and their guests, and may include such complementary structures and improvements as are necessary and appropriate.
   (68)   "Compatible or compatibility" shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass, and bulk of structures. Other characteristics include pedestrian or vehicular traffic, circulation, access and parking impacts. Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture. "Compatibility" does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development with respect to lot size, building setbacks, location and use of driveways, location and use of open space, preservation of historic resources, and preservation of natural resources so as to be harmonious with and not at variance to nearby existing development.
   (69)   "Composting" shall mean the biological decomposition of organic material such as vegetable scraps, leaves, grass clippings, wood shavings, and non-human manures to produce material for fertilizing and conditioning soil.
   (70)   "Comprehensive Plan" shall mean the Comprehensive Plan of the City of Hudson adopted in August 1995, as amended from time to time, or the most recently adopted comprehensive plan of the City of Hudson.
   (71)   "Conforming commercial earth station" shall mean a satellite earth station that is two meters or less in diameter and is located in an area where commercial, office or industrial uses are permitted under this Code. Such an area would not extend to those portions of a site where most land uses are forbidden or severely restricted, such as, for example, street areas, utility easements, visibility triangles, required setback areas, and bufferyards.
   (72)   "Connector road" shall mean a road designed for dedication to the City to provide local access to nonresidential development as described in the State Route 91 Traffic Corridor Study or similar document. These roads are designed to reduce traffic volume and the number of access points on nearby highways and arterial roads. Compliance with district regulations shall be based on access-road easement or right-of-way lines.
   (73)   "Connecting walkway" shall mean (1) any street sidewalk, or (2) any walkway that directly connects a building entrance(s) to the street sidewalk, and connects other origins and destinations for pedestrians, including but not limited to commercial establishments, schools, parks, dwellings, work places, and transit stops, without requiring pedestrians to walk across parking lots or driveways, around buildings, or follow parking lot outlines that are not aligned to a logical route.
   (74)   "Continuing care retirement community" shall mean a residential and institutional complex containing dwelling units of any type permitted by this Code for independent living, and assisted living or institutional residential uses or both, with each dwelling or room occupied by not more than two residents at least one of whom is fifty-five years of age or older. Said complex shall have available on site: passive and active recreational facilities; common dining facilities; and provide primarily non-medical resident services to individuals in need of personal assistance essential for sustaining activities of daily living such as assistance or supervision in matters such as dressing, bathing, diet, financial management, transportation, evacuation of a residence in the case of an emergency, or administered medication.
   (75)   "Convenience store" shall mean a retail establishment offering for sale food products and beverages for off-site consumption, household items, newspapers and magazines, and other general merchandise. The retail dispensing or sale of vehicular fuels as an accessory use to a convenience store may be permitted.
   (76)   "Convention and conference center" shall mean a facility used for business or professional conferences and seminars, and may include accommodations for sleeping, eating, and recreation.
   (77)   "Corner lot" shall mean a lot that abuts two or more streets that intersect at one or more corners of the lot.
   (78)   "Cultural facility" shall mean establishments that document the social and religious structures and intellectual and artistic manifestations that characterize a society and include museums, botanical or zoological gardens and libraries, and similar establishments that document and present natural, historic, educational, or cultural interests.
   (79)   "Culvert" shall mean a drain, ditch, or conduit, not incorporated in a closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk, or public way.
   (80)   "Curb" shall mean a stone, concrete, or other improved boundary usually demarcating the edge of a roadway, parking lot, or other paved area.
   (81)   "Curb cut" shall mean the opening along the curb line at which point vehicles may enter or leave the roadway.
   (82)   "Cut" shall mean the excavating of earth from the ground surface during the process of land development.
   (83)   "Cutoff" shall mean the point at which all light rays emitted by a lamp, light source, or luminaire are completely eliminated (cut off) at a specific angle above the ground.
   (84)   "Cutoff angle" shall mean the angle formed by a line drawn from the light source to a line perpendicular to the ground beyond which no light is emitted from the light source.
   (85)   "Day care center" shall mean a building or structure where care, protection, and supervision are provided for individuals on a regular basis away from their primary residence for less than twenty-four hours a day, with or without compensation and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, and centers for mentally retarded children, but specifically excludes any family day care home or group home as defined in this chapter.
   (86)   "Density." See "density, net."
   (87)   "Density, net" shall mean the measure of dwelling units permitted per acre of land area contained in the development, excluding streets, easements, public open space, land under water, and certified wetlands and floodplains. Wetland and other sensitive area setbacks and private open space shall not be excluded in calculating net density. Unless otherwise indicated in this Code, any specified residential density shall be net density.
   (88)   "Developer" shall mean the legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable property interests in such land.
   (89)   "Development" shall mean the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, but shall not include the dividing of land into two or more parcels (see "subdivision").
      A.   Development shall include:
         1.   Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land;
         2.   Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development;
         3.   Any change in use of land or a structure;
         4.   Any alteration of a shore or bank of a river, stream, lake, pond, reservoir, or wetland;
         5.   The clearing of land as an adjunct of construction;
         6.   The commencement of drilling (except to obtain soil samples), mining, stockpiling of fill materials, filling or excavation on a parcel of land;
         7.   The demolition of a structure;
         8.   The deposit of refuse, solid or liquid waste, or fill on a parcel of land; and
         9.   The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property.
      B.   Development shall not include:
         1.   Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way;
         2.   Work by any utility and other entity or person(s) engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing, on established rights-of-way, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like;
         3.   A change in the ownership or form of ownership of any parcel or structure; and
         4.   The creation or termination of rights of access, easements, covenants concerning development of land, or other rights in land.
      C.   When appropriate in context, development shall also mean the act of developing or the result of development.
   (90)   "Development, major" shall mean development that meets the requirements for a major development set forth in Section 1203.09.
   (91)   "Development, minor" shall mean development that meets the requirements for a minor development set forth in Section 1203.09.
   (92)   "Developmentally disabled" shall mean a person five years of age or older with a severe, chronic disability that:
      A.   Is attributable to a mental or physical impairment or combination of mental and physical impairments;
      B.   Is manifested before the person attains age twenty-two;
      C.   Results in substantial functional limitations in three or more of the following areas of major life activity:
         1.   Self-care;
         2.   Receptive and expressive language;
         3.   Learning;
         4.   Mobility;
         5.   Self-direction;
         6.   Capacity for independent living; and
         7.   Economic self-sufficiency; and
      D.   Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services and supports which are of lifelong or extended duration and are individually planned and coordinated; except that such term, when applied to infants and young children, shall mean individuals from birth to age five years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided.
   (93)   "Diameter at breast height (DBH)" shall mean tree trunk diameter measured in inches at a height of four and one-half feet from the ground or, in the case of a tree that is divided into multiple trunks below four and one-half feet, as measured at the most narrow point beneath the point of division.
   (94)   "District" shall mean a zone or zoning district.
   (95)   "Dormitory" shall mean a building used as group living quarters for a student body as an accessory use for a college, university, or boarding school.
   (96)   "Downtown" shall mean the central business district of the City of Hudson as defined by the boundaries of Zoning District 5, "Village Core," as shown on the Official Zoning Map, on file in the office of the Clerk of Council.
   (97)   "Drainage" shall mean surface water runoff or the removal of surface water or groundwater from land by drains, grading, or other means, which includes runoff controls to minimize erosion and sedimentation during and after construction or development.
   (98)   "Drip line" shall mean a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.
   (99)   "Drive aisles" shall mean the lanes in a parking lot devoted to the passage of vehicles, as opposed to the parking stalls. The term "drive aisle" does not include lanes used only or primarily for drive-in customer service.
   (100)   "Drive-through use" shall mean an establishment which by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
   (101)   "Driveway" shall mean a private roadway providing access to a street or highway from a building or structure.
   (102)   "Driveway, shared" shall mean a single driveway serving two or more adjoining lots or uses.
   (103)   "Duplex." See "dwelling, duplex."
   (104)   "Dwelling" shall mean a building used principally for residential occupancy, including single-family dwellings, duplexes, and multi-family dwellings, and that contains: (a) a minimum of 800 square feet of floor area, or (b) in the case of a permitted accessory dwelling a minimum of 500 square feet of floor area and a maximum of 850 square feet of floor area. The term dwelling shall not include tents, cabins, trailers or trailer coaches, hotels, motels, tents, or other structures designed or used primarily for temporary or transient occupancy.
   (105)   "Dwelling, accessory" shall mean a second dwelling unit either within or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility with provision within the accessory dwelling for cooking, eating, sanitation, and sleeping.
   (106)   "Dwelling, duplex" shall mean a dwelling designed and built to contain two dwelling units, side-by-side and totally separated from each other by an unpierced wall extending from ground to roof.
   (107)   "Dwelling, mixed use" shall mean a dwelling that is located on the same lot or in the same building as a non-residential use.
   (108)   "Dwelling, multi-family" shall mean a building containing five or more dwelling units, typically including units located one over the other, but not including hotels, motels, fraternity houses and sorority houses and similar group accommodations.
   (109)   "Dwelling, single-family" shall mean a dwelling containing no more than one dwelling unit.
   (110)   "Dwelling, single-family attached" shall mean a single-family building of three but no more than four single-family dwellings by common attached walls and typically arranged in a cluster configuration. The term includes triplexes and quadruplexes but does not include multi-family dwellings, such as apartment buildings, and does not include other dwelling types more specifically defined in this section such as duplexes or townhome dwellings.
   (111)   "Dwelling, single-family detached" shall mean a single-family dwelling which is not attached to any other dwelling or building by any means.
   (112)   "Dwelling, townhome" shall mean a single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
   (113)   "Dwelling unit" shall mean one or more rooms and a single kitchen and at least one bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single-family for living, cooking and sanitary purposes, located in a single-family, duplex, or multi-family dwelling or mixed-use building.
   (114)   "Easement" shall mean a grant of one or more property rights (e.g., access) by the owner to, or for the use by, the public, a corporation, or another person or entity.
   (115)   "Elderly" shall mean a person sixty-two years of age or older.
   (116)   "Employees" shall mean the total number of persons reasonably anticipated to be employed in a building or on land during normal periods of use.
   (117)   "Entertainment facilities and amusement facilities" shall mean a building or part of a building devoted to providing entertainment for a fee, including movie theaters and theatrical space for dramatic, musical, or live performances, indoor pinball/video arcades, bowling alleys, and including such activities as billiards and pool, other table games, and similar-scale amusements.
   (118)   "Entrance drive." See "access drive" and "driveway."
   (119)   "Essential public utility and public services" shall mean the erection, construction, alteration, or maintenance by public utilities having the power of eminent domain, or by municipal departments, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, substations, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, equipment shelters, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or for the public health or general welfare, but not including buildings, outdoor storage yards, water towers, transfer stations, power transmission tower lines, coal conveyor belt lines, and other similar uses not primarily service the City.
   (120)   "Excavation" shall mean the removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances, other than vegetation, from water or land, on or beneath the surface thereof, whether exposed or submerged.
   (121)   "Exterior architectural feature" shall mean the architectural style and general arrangement of the exterior of a structure, including the type and texture of building materials, all windows, doors, lights, and signs and other fixtures appurtenant thereto.
   (122)   "Family" shall mean an individual living alone, or a group of individuals not necessarily related by blood, marriage, adoption, or guardianship, living together in a dwelling unit as a single household, under a common housekeeping management plan based on an intentionally structured relationship that provides organization and stability. See "household."
   (123)   "Family day care home" shall mean a facility for child care in the permanent residence of the provider for the purpose of providing day care and training for a child under the age of sixteen years who is not related to the provider and in which no more than three children are under two years of age, including the children of the provider. A family day care home shall provide care, protection, and supervision to no more than twelve children at one time, including the children of the provider.
   (124)   "Farm animals" shall mean animals commonly raised or kept in an agricultural, rather than an urban, environment including, but not limited to, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys, mules and alpacas. A limited number of hen chickens may be kept on a residential property as an accessory use.
   (125)   "Fence" shall mean an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
   (126)   "Fill" shall mean sand, gravel, earth, or other materials of any composition whatsoever excavated from elsewhere and deposited to build up the ground surface in the process of grading.
   (127)   "Fire lane" shall mean an unobstructed paved or improved surface area clearly defined by pavement markings and signs, and designed to provide access for fire-fighting equipment.
   (128)   "Floodplain" shall mean any portion of land within the City that may be subject to flooding in the 100-year floodplain area as delineated in the U.S. Department of Housing and Urban Development Flood Hazard Boundary Map, Summit County, Ohio, dated April 7, 1978, as revised.
   (129)   "Floor area, gross" shall mean the gross floor area of a building as measured along the outside walls of the building and including each floor level, but not including open balconies; garages or other enclosed automobile parking areas; basements used only for heating, mechanical, and similar equipment; and one-half of all storage and display areas for hard goods.
   (130)   "Floor area ratio (FAR)" shall mean the amount of gross floor area of all buildings and structures on a building lot divided by the total lot area.
   (131)   "Footcandle" shall mean a unit of measurement referring to illumination incident to a single point. One footcandle is equal to one lumen uniformly distributed over an area of one square foot.
   (132)   "Frontage" shall mean the distance across the front of a lot between side lot lines, normally the width of the lot abutting the street to which the lot has access.
   (133)   "Funeral home" shall mean a building used for the preparation of the deceased for burial or cremation, for the display of the deceased, and/or for ceremonies or services related thereto, including cremation and the storage of caskets, funeral urns, funeral vehicles, and other funeral supplies.
   (134)   "Garage" shall mean an accessory building for the private use of the owner or occupant of a principal building situated on the same lot as the principal building and intended for the storage of motor vehicles and equipment with facilities for mechanical service or repair of a commercial or public nature.
   (135)   "Government administrative offices" shall mean lands and buildings owned or operated by a local, state, federal, or international governmental entity to provide legislative, judicial, administrative, or regulatory services for the public, but not including essential public utility and public services.
   (136)   "Government public works and service facilities" shall mean lands and buildings owned and operated by a local, county, state, federal, or international governmental entity as a repair, storage, or production facility or public works yard including but not limited to water treatment plant, sanitary sewer treatment plant, and public power and services equipment and material storage.
   (137)   "Grade" shall mean the vertical alignment of a surface of land, as it exists or as rendered by cut and/or fill activities.
   (138)   "Grade, finished" shall mean the final elevation of the ground level after topsoil has been applied to graded slopes, as measured six feet from the exterior walls of the structure.
   (139)   "Grade, natural" shall mean the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
   (140)   "Grading" shall mean rearrangement of the earth's surface by stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new contours or grades when the total amount of earth or land rearranged or disturbed is more than three cubic yards. "Grading" shall also mean the rearrangement of the earth's surface by stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition, to create new contours or grades, regardless of the total amount of earth or land rearranged or disturbed, when the rearrangement or disturbance of earth is within five feet of any property line.  "Grading" shall not include the placement of mulch on the earth's surface for landscaping purposes.
   (141)   "Grocery store, specialty" shall mean a retail store selling predominately food with emphasis on prepared food, specialty foods based on season, nationality, holidays and dietary needs, and providing in-store dining and having a ground floor area of 20,000 square feet or less.
   (142)   "Group home" shall mean a residence operated as a single dwelling, licensed by or operated by a governmental agency, for the purpose of providing special care or rehabilitation due to homelessness, physical condition or illness, mental condition or illness, elderly age, or social, behavioral or disciplinary problems, provided that authorized supervisory personnel are present on the premises.
   (143)   "Group home, transitional" shall mean a group home serving persons who are in the process of transitioning or returning from an institutional remedial setting to independent living.
   (144)   "Handicapped person" shall mean a person with (1) a physical or mental impairment which substantially limits one or more of such person's major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance.
   (145)   "Hazardous waste or materials" shall mean those chemicals or substances which are physical or health hazards as defined and classified in the Fire and Building Codes. Hazardous materials categories include explosives and blasting agents, compressed gases, flammable and combustible liquids, flammable solids, organic peroxides, oxidizers, pyrophoric materials, unstable (reactive) materials, water-reactive solids and liquids, cryogenic fluids, highly toxic and toxic materials, radioactive materials, corrosives, carcinogens, irritants, sensitizers and other health hazards. Each category is defined separately in the Fire and Building Codes in accordance with the Code of Federal Regulations Title 29 and other nationally recognized standards.
   (146)   "Height" shall mean the distance above a given level. Height shall be measured according to the methods described in Section 1201.07(e).
   (147)   "Heliport" shall mean an area, either at ground level or elevated on a structure, licensed by the federal government or an appropriate state agency and approved for landing, loading, and takeoff of helicopters, but not including auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment. Allowed only as an accessory use to a permitted hospital.
   (148)   "Historic and/or architectural significance" shall mean a building or structure that has a special historic or aesthetic interest or value as part of the development, heritage, or cultural character of the city, region, state, or nation.
   (149)   "Historic District" shall mean the Hudson Historic District as listed in the National Register of Historic Places in December, 1990, as amended, plus those areas containing any land or buildings having notable character or qualities of historic and/or architectural significance as recommended by the Architectural and Historic Board of Review and approved by the City Council. A Historic District may include structures or other physical improvements on, above, or below the surface of the earth.
   (150)   "Historic landmark" shall mean any individual building or structure determined by the Architectural and Historic Board of Review and approved by the City Council as historically and/or architecturally significant.
   (151)   "Home occupation" shall mean an activity carried out for monetary gain by a resident conducted as a customary, incidental, and accessory use in the resident's dwelling unit.
   (152)   "Homeowners association" shall mean an organization formed to manage the common open space and common facilities within a development that are not to be publicly maintained; membership in, and financial support of such organization, is mandatory for all owners of property in the development.
   (153)   "Hospital" shall mean an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
   (154)   "Household" shall mean a family living together in a single dwelling unit, with common access to and common use of all living and eating areas and of all areas and facilities for the preparation and serving of food within the dwelling unit. See "family."
   (155)   "Impervious coverage" shall mean that portion of a lot that is covered by principal and accessory buildings or structures, and by surfaces that prevent the passage or absorption of stormwater into the existing water table such as paving and driveways.
   (156)   "Industrial use" shall mean both of the following type uses:
      A.   "Industrial use, heavy." A use engaged in the basic processing and/or manufacturing of materials or products predominately from extracted or raw materials, and which has processes that involve hazardous materials or commonly recognized offensive conditions such as those uses identified as grouped by the most recently adopted version of the Ohio Building Code as High-Hazard Group H, as amended.
      B.   "Industrial use, light." A use engaged in the manufacture, predominantly from previously prepared materials or lightly treated raw materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products. Further, light industrial shall mean uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories and the like. Light industrial shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal and related industries.
   (157)   "Infrastructure" shall mean those manmade structures that serve the common needs of the population, such as: potable water systems; waste water disposal systems, solid waste disposal sites or retention areas; storm drainage systems; electric, gas and other utilities; bridges; roadways; multi-purpose paths and trails; pedestrian sidewalks, paths and trails; and transit stops.
   (158)   "Institutional/civic/public use" shall mean an educational, religious, health, or public use, such as a church, library, museum, public or private school, hospital, institutional residences such as intermediate or long-term care facilities for the elderly or developmentally disabled, or government-owned or operated building, structure, or land used for public purpose, and in which goods, merchandise, and services are not provided for sale on the premises.
   (159)   "Institutional residential uses" shall mean residences for nine or more unrelated persons who are elderly or developmentally disabled and who may or may not require facilities and services including restorative care and treatment, nursing services, aid with daily living skills, meal service, regular or as-needed medical supervision, social care, or other services that are supportive, restorative, or preventive in nature. Institutional residential uses include, but are not limited to, long-term care facilities, nursing homes, group homes for nine or more clients, and intermediate care facilities. "Institutional residential uses" do not include assisted living facilities, group homes for eight or fewer clients, day care centers, or family day care homes.
   (160)   "Land Development Code" shall mean Part Twelve of the Codified Ordinances of the City of Hudson.
   (161)   "Land Development Ordinances" shall mean all ordinances of the City of Hudson, including Part Twelve of the Codified Ordinances (zoning and subdivision), that regulate or control the development of land within the community.
   (162)   "Land use" shall mean the activity or activities for which a lot or property and the buildings or structures on it are devoted.
   (163)   "Landfill" shall mean a disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternative layers of specified depth in accordance with an approved plan.
   (164)   "Landscaping" shall mean any combination of living plants such as trees, shrubs, plants, vegetative ground cover and turf grasses, and may include structural features such as walkways, fences, benches, works of art, reflective pools, fountains and the like. "Landscaping" shall also include irrigation systems, mulches, topsoil use, soil preparation, revegetation, and the preservation, protection, and replacement of existing trees.
   (165)   "Lattice tower" shall mean a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation.
   (166)   "Level of service (LOS)" shall mean a qualitative measure describing operational conditions within a traffic stream; generally described in terms of such factors as speed, freedom to maneuver, traffic interruptions, comfort, convenience, and safety. LOS is usually expressed in terms of six levels, designated A through F, with A (free flow of traffic with minimum intersection delay) being the best, and F (forced flow, jammed intersections, long delays) being the worst.
   (167)   "Limits of disturbance" shall mean the area(s) of a site, as established pursuant to Section 1207.01, that may be disturbed by earth movement (grading), or cleared of vegetation, including disturbance or clearance to provide space for construction of principal and accessory uses and structures, parking areas, roads, drainage and stormwater management facilities, and/or utilities.
   (168)   "Liquor store" shall mean a retail establishment licensed by the State of Ohio Department of Liquor Control to sell alcoholic beverages in containers, including wine, beer, and hard liquor, for consumption off-premises (carry-out).
   (169)   "Loading area" shall mean an off-street area of a lot where goods are received and/or from which they are shipped, and where adequate space is available to permit maneuvering of vehicles entirely on the lot.
   (170)   "Lodging" shall mean a facility containing five or more guest rooms and offering transient overnight accommodations at a daily rate to the general public and may provide additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.
   (171)   "Lot" shall mean a piece or parcel of land established by plat, subdivision, or otherwise permitted by law to be used, occupied, or intended to be occupied by one or more buildings, structures, or uses, together with such open spaces and access to or frontage on a public street, as required by this Code.
   (172)   "Lot area or size" shall mean the amount of horizontal (plan view) land area within lot lines expressed in acres or square feet, based on deed description or registered surveyor's survey, excluding any street rights-of-way. One acre equals 43,560 square feet.
   (173)   "Lot depth" shall mean the horizontal distance between the mid-point of the front and of the rear lot lines.
   (174)   "Lot line" shall mean any of the lines describing the perimeter of a lot.
   (175)   "Lot line, front" shall mean the lot line describing the edge of the lot abutting the street to which the structure is oriented. Orientation shall be determined by factors such as the formal entrance and the placement of the main mass. For existing development on a corner lot, the front lot line shall be determined by the location of the front entrance of the structure.
   (176)   "Lot line, rear" shall mean the line opposite the front lot line.
   (177)   "Lot line, side" shall mean any lot lines other than front lot line or rear lot line.
   (178)   "Lot width" shall mean the horizontal (plan view) distance between the side lot lines as measured along the building front setback line.
   (179)   "Maximum extent feasible" shall mean that no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or minimize potential harm or adverse impacts have been undertaken. Economic considerations may be taken into account but shall not be the overriding factor in determining maximum extent feasible.
   (180)   "Medical clinic" shall mean an establishment where patients are admitted for examination and treatment on an outpatient basis by more than one physician, dentist, other medical personnel, psychologist, or social worker, and where patients are not usually lodged overnight.
   (181)   "Mixed use" shall mean the development of a lot, tract or parcel of land, building or structure with two or more different uses including, but not limited to, residential, office, retail, public uses, personal service or entertainment uses, designed, planned and constructed as a unit.
   (182)   "Mobile home" shall mean a transportable, single-family dwelling unit built on a permanent chassis with attached undercarriage consisting of springs, axles, wheels and hubs, and which is suitable for year-round occupancy and contains the same water supply, waste disposal and electrical conveniences as immobile housing. A mobile home is designed to be transported on streets to the place where it is to be occupied as a dwelling unit and may or may not be attached to a permanent foundation.
   (183)   "Mobile home park" shall mean a parcel of land which has been planned, improved, or is currently used for the placement of mobile homes and contains more than one mobile home lot.
   (184)   "Model home" shall mean a dwelling representative of other dwellings offered for sale or lease or to be built in an area of residential development within the City. "Model home" also includes a temporary and permitted use of a residential facility as a real estate sales office.
   (185)   "Monopole" shall mean a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
   (186)   "Neighborhood park" shall mean a park that serves the recreational and open space needs of residents of surrounding neighborhoods.
   (187)   "Nonconforming building" shall mean a building that was lawful under prior law on the day before the effective date of this Land Development Code or subsequent amendment thereof, but that fails by reason of such adoption, revision, or amendment, to conform to all the present setback, height, or other site development requirements of this Code.
   (188)   "Nonconforming lot" shall mean a lot whose area, dimensions, or location were lawful under prior law on the day before the effective date of this Land Development Code or subsequent amendment thereof, but that fails by reason of such adoption, revision, or amendment, to conform to all the present requirements of this Code.
   (189)   "Nonconforming sign" shall mean any sign lawfully existing under prior law on the day before the effective date of this Land Development Code or subsequent amendment thereof, but that fails by reason of such adoption, revision, or amendment, to conform to all the present requirements of this Code.
   (190)   "Nonconforming structure" shall mean a structure that was lawful under prior law on the day before the effective date of this Land Development Code or subsequent amendment thereof, but that fails by reason of such adoption, revision, or amendment, to conform to all the present setback, height, or other site development requirements of this Code.
   (191)   "Nonconforming use" shall mean a use that was lawful under prior law on the day before the effective date of this Land Development Code or subsequent amendment thereof, but that fails by reason of such adoption, revision, or amendment, to conform to all the present requirements of this Code.
   (192)   "Nonconformities" shall mean a nonconforming use, sign, structure, or building.
   (193)   "Nonresidential development" shall mean any public or private development, including civic, commercial, industrial, institutional, and other projects that does not provide housing or dwelling units for occupation other than on a transient basis (such as hotels). Any residential portion of a mixed-use development shall be defined as a residential development for purposes of the residential allocation system.
   (194)   "Nude model studio" shall mean any place where a person who appears in a state of nudity or semi-nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
   (195)   "Nudity, state of nudity, or nude" shall mean the exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
   (196)   "Nursery, commercial" shall mean an establishment primarily engaged in the sale and/or cultivation for sale of horticultural specialties such as flowers, shrubs, and trees, intended for ornamental or landscaping purposes.
   (197)   "OBC antenna regulations" means the antenna regulations in the Ohio Building Code as adopted and amended.
   (198)   "Off-street parking area" shall mean all off-street areas and spaces designed, used, required or intended to be used for the parking, storage, maintenance, service, repair, display, or operation of, motor vehicles, including driveways, entrance drives, or access drives in and to such areas, but not including public streets and rights-of-way.
   (199)   "Off-street parking space" shall mean a demarcated area within a parking lot abutting an access lane and of such dimensions, as specified by this Code, to accommodate one vehicle.
   (200)   "Office, business or professional" shall mean an establishment providing executive, management, administrative, or professional services, including medical or dental services, but not involving the sale of merchandise, except as incidental to a permitted use. Such uses include, but are not limited to, real estate, insurance, property management, investment, travel, advertising, law, doctor, dentist, out-patient medical laboratories, architecture, design, engineering, accounting, and similar offices.
   (201)   "Open space" shall mean any parcel or area of land or an area of water designed and intended for recreation, resource protection, amenity, and/or buffers. "Open space" shall not include areas set aside for public facilities, driveways, parking lots, other surfaces intended or designed for vehicular travel, and any other areas as set forth in Section 1207.05.
   (202)   "Open space conservation subdivision" shall mean a subdivision in which lot sizes are reduced for the purpose of preserving larger contiguous blocks of open space while maintaining the underlying base density allowed on the site.
   (203)   "Ordinary high-water mark" shall mean the line on the bank to which the high water ordinarily rises annually in seasons, as indicated by changes in the characteristics of soil, vegetation, or other appropriate means taking into consideration the characteristics of the surrounding areas, as determined by the City Manager. Where the ordinary high water mark cannot be found, the top of the channel bank shall be substituted. In braided channels, the ordinary high water mark shall be measured so as to include the entire stream feature.
   (204)   "Orient" shall mean to bring in relation to, or adjust to, the surroundings, situation, or environment; to place with the most important parts facing in certain directions; to set or arrange in a determinate position: to orient a building.
   (205)   "Outdoor activity" shall mean any enterprise, operation, or activity that occurs in an unroofed area as part of a permitted use on a lot and any outdoor display of materials, machinery, vehicles, or things that may or may not be for sale or rent.
   (206)   "Outdoor storage" shall mean the keeping, in an unroofed area, of any equipment, goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.
   (207)   "Overall access management plan" shall mean a plan that depicts the post-development flow of vehicular access to a site and where such flow interfaces with existing or proposed pedestrian, bicycle, and adjacent public street traffic.
   (208)   "Overlay zone" shall mean a zoning district that encompasses one or more underlying zones and that imposes additional or alternative requirements to that required by the underlying zone.
   (209)   "Parking access" shall mean the area of a parking lot that allows motor vehicle ingress and egress from the street or way.
   (210)   "Parking aisle" shall mean the traveled way by which cars enter and depart parking stalls or spaces.
   (211)   "Parking area" shall mean any public or private area, under or outside a building or structure, designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.
   (212)   "Parking lot" shall mean an off-street, ground-level open area for the temporary storage of motor vehicles.
   (213)   "Parking, shared" shall mean joint use of a parking lot or area for more than one use.
   (214)   "Parking stall or space" shall mean the space or area in which vehicles park in a private or public parking lot or structure.
   (215)   "Parking structure" shall mean a building or structure consisting of more than one level and used to temporarily park or store motor vehicles.
   (216)   "Party-in-interest" shall mean a person who has standing to appeal the final action, decision or order of the City Manager (or designee), a City board or a City commission to the Board of Zoning and Building Appeals, Planning Commission or City to the extent an appeal is provided for in this Code. For purposes of this definition, a person who has standing is either:
      A.   An applicant or owner of property (or properties) which is the subject of the application and for which a final action, decision, or order is rendered by the City Manager (or designee), a City board or a City commission; or
      B.   A person who meets both of the following criteria:
         1.   A person who testified in person, or was represented in person through an authorized legal representative, before the Planning Commission at a hearing on the matter sought to be appealed; and
         2.   Who owns property, or is a resident or tenant at a property, located within 300 feet of the property (or properties) which is the subject of the final action, decision or order of the Planning Commission.
   (217)   "Pedestrian path" shall mean a facility physically separated from the roadway and intended for pedestrian use. A walking path is designed for the use of two-lane, two-way pedestrian traffic. Paths may be located within open space through a development, along an abandoned rail line or adjacent to an existing road. See "trail."
   (218)   "Pedestrian way." See "pedestrian path."
   (219)   "Performance standard" shall mean a criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases, and other objectionable or dangerous elements generated by and inherent in or incidental to a land use.
   (220)   "Personal services" shall mean establishments primarily engaged in providing services generally involving the care of the person or such person's apparel, such as laundry and dry-cleaning retail outlets, portrait/photographic studios, beauty and barber shops, mailing and quick copy shops. "Personal services" shall also mean establishments engaged in the provision of informational, instructional, personal improvement, and similar services, such as portrait shops, photography studios, art and music schools, licensed massage therapists, driving schools, health and fitness studios, and handicraft or hobby instruction.
   (221)   "Personal wireless services" shall mean commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law at 47 U.S.C. (332(c)(7).
   (222)   "Pet, household or domestic" shall mean any variety of domesticated creature, such as birds, cats, dogs, and hamsters, normally kept within a dwelling or residential yard area, but not including farm animals, exotic or wild animals, reptiles, insects, or snakes.
   (223)   "Photography shop" shall mean a retail establishment that sells photography equipment, materials, and related supplies such as photo albums and frames, and which may also provide instruction and classes in photography.
   (224)   "Photography studio" shall mean the workshop of a photographer, which may include the retail sale of portraits and/or photographs produced by the photographer and a photography shop.
   (225)   "Places of religious worship" shall mean a building containing a hall, auditorium or other suitable room or rooms used for the purpose of conducting religious or other services or meetings of the occupants of such structure. "Places of worship" shall include churches, synagogues and the like, but shall not include buildings used for commercial endeavors, including, but not limited to, commercial motion picture or stage productions.
   (226)   "Planned development" shall mean a development of a property as a single entity for residential, commercial, industrial, or mixed residential/commercial/retail purposes, when the zoning regulations that would normally apply are superseded by controls that allow a more sensitive and more economical arrangement of buildings and streets on the site, and when development is spaced over a period of years in a predetermined program.
   (227)   "Practical difficulty" shall mean an impediment to a permitted use of property resulting from strict compliance with any of the standards of the Code that is determined by the Board of Zoning and Building Appeals by its weighing of the factors set forth in Section 1204.03(a).
   (228)   "Preliminary plan" shall mean the preliminary drawings indicating the proposed layout of a subdivision to be submitted to the Planning Commission for its approval.
   (229)   "Preschool." See "day care center."
   (230)   "Principal use" shall mean the primary or predominant use of any lot or parcel.
   (231)   "Public facilities" shall mean transportation systems or facilities, water systems or facilities, waste water systems or facilities, storm drainage systems or facilities, fire, police and emergency medical services or facilities, electric utilities, gas utilities, cable facilities, and other public utilities.
   (232)   "Public hearing" shall mean a formal meeting held pursuant to public notice, intended to inform and obtain public comment, prior to taking action in accordance with this Code.
   (233)   "Public use" shall mean any use intended to be conducted in a facility or upon land which is owned by and operated for public use by school districts or by City, county, state or federal governments.
   (234)   "Public safety and emergency services" shall mean a public use that provides police or fire services or services for personal injury or life threatening events including, but not limited to, ambulance, paramedic, or fire and rescue services.
   (235)   "Public utility" shall mean a common carrier supplying electricity, telephones, natural gas, water, sewage disposal, railroads or similar public services, but shall not include mass transit or railroad depots or terminals or any similar traffic generating activity, or any person or entity that provides wireless telecommunication services to the public. See "essential public utility and public services."
   (236)   "Random selection" shall mean a selection from a group of applicants based upon chance.
   (237)   "Rational method" shall mean a method used for estimating runoff from small drainage areas, usually pavement. The design discharge "Q" is obtained from the equation Q = CiA where:
      C = Coefficient of runoff.
      i = Average rainfall intensity, in inches per hour, for a given storm frequency and for a duration equal to the time of concentration.
      A = Drainage area, in acres.
         The time of concentration is the time required for runoff to flow from the most remote point of the drainage area to the point of concentration. The point of concentration could be a culvert inlet or the checkpoint in a roadway ditch used to determine the need for protection. Time of concentration is ordinarily designated by T and is the summation of the time of overland flow "to" and time of ditch flow "td."
   (238)   "Recording, radio, or television studio" shall mean a place for radio (oral), television (visual), or musical recording production. Radio or television studio shall mean only that part of a radio or television station from which the signal originates and shall not include the transmitter or antenna parts of the station.
   (239)   "Recreational facility" shall mean a place designed and equipped for the conduct of sports and passive and active recreational activities.
   (240)   "Recreational facility, commercial" shall mean a privately owned, for-profit recreational facility open to the public at large for a fee.
   (241)   "Recreational facility, indoor" shall mean a permanently enclosed recreational facility.
   (242)   "Recreation facility, outdoor" shall mean a recreational facility devoted to active sports or recreation such as go-cart tracks, miniature golf, golf driving ranges, skating rinks, archery ranges, and the like, but shall not include concert halls, stadiums, race tracks of any kind, or other similar facilities intended to attract large crowds in excess of 1,000 persons.
   (243)   "Recreational facility, private-membership" shall mean a recreational facility for the exclusive use of more than three families who are residents of a development or the members of the organization owning the lot, but not open to the general public, such as a pool or community room.
   (244)   "Recreational vehicle and equipment" shall mean a vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and may be designed as a temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes or designed to be used for recreational transportation, including but not limited to boats, boat trailers, small jet powered boats ridden by straddling a seat, and snowmobiles and their trailers.
   (245)   "Repair services" shall mean an establishment primarily engaged in the provision of repair services to individuals, households, or other businesses, but excluding automotive or other vehicle repair and farm machinery and tractor repair. Typical uses include appliance repair shops, furniture repair and re-upholstery shops, watch or jewelry repair shops, and musical instrument repair shops.
   (246)   "Research laboratory" shall mean an industrial establishment or other facility engaged in scientific research, investigation, product engineering development, product development and testing, market development, or experimentation, but not facilities for the manufacture or sale of products except as incidental to the main purpose of the laboratory.
   (247)   "Reservation" shall mean a commitment for a residential development allotment in a future year.
   (248)   "Resource recovery operations" shall mean an industrial establishment engaged in the process of obtaining materials or energy, particularly from solid waste.
   (249)   "Restaurant" shall mean an establishment where the principal business is the sale of food and beverages in a ready-to-consume state where (1) fermented malt beverages, malt, special malt and vinous and spirituous liquors may be produced on the premises as an accessory use; (2) where there is no service to a customer in an automobile; and (3) where the design or principal method of operation consists of one or more of the following:
      A.   A sit-down restaurant where customers, normally provided with an individual menu, are generally served food and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; or
      B.   A cafeteria or cafeteria-type operation where food and beverages generally are served in non-disposable containers and consumed within the restaurant;
      C.   A carryout and/or take out where food is prepared on the premises for consumption off the premises.
   (250)   "Restaurant, drive-through" shall mean an establishment in which the principal business is the sale of foods or beverages to the customer in a ready-to-consume state and in which the design or principal method of operation of all or any portion of the business is to allow food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle.
   (251)   "Required parking" shall mean the minimum number of parking spaces required to be provided in connection with the particular use of a lot as specified by this Code.
   (252)   "Residential development allotment" shall mean an award of a specific number of units from the annual residential development allocation by City Council. An allotment is an approval required as a condition precedent to obtaining a zoning certificate or filing a preliminary subdivision plan unless otherwise provided by this chapter.
   (253)   "Residential unit" shall mean for purposes of a residential development allotment, a permanent residential dwelling which shall be counted in the following manner: One-half unit for an efficiency living unit; one-third unit for each occupant of a group home residence; one-sixth unit for each occupant of an assisted living facility or institutional residence; one unit for any other type of permanent dwelling unit; but no unit for an accessory dwelling unit, a bed and breakfast, hotel, or motel providing transient occupancy.
   (254)   "Retail" shall mean establishments that sell or rent commonly used goods and merchandise for personal or household use, but excludes those uses classified more specifically in this section (e.g., adult businesses or restaurants). Typical uses include grocery stores, department stores, furniture stores, clothing stores, and establishments providing the following products or services: household electronic equipment, sporting goods, bicycles, office supplies, home furnishings, household appliances, wallpaper, carpeting and floor coverings, art supplies, kitchen utensils, jewelry, drugs, cosmetics, books, notions, antiques, or automotive parts and accessories.
   (255)   "Revegetation" shall mean restoration and mitigation measures for disturbed areas in accordance with the requirements of Chapter 1207.
   (256)   "Right-of-way" shall mean a strip of land dedicated to and/or improved for vehicular and/or pedestrian travel by the public.
   (257)   "Roadway" or "road." See "street."
   (258)   "Satellite earth station" shall mean an antenna, usually parabolic in shape, designed and intended for transmitting or receiving television, radio or microwave signals to or from earth satellites. This definition does not include a small antenna or a conforming commercial earth station.
   (259)   "Schedule of fees" shall mean the list of charges adopted by resolution of the City Council, and not a part of this Code, to cover the costs of administering the review, decision, and/or appeal processes required by a development proposal, such costs to be borne by the developer, paid in advance, and subject to periodic revision by the City Council.
   (260)   "School, elementary, secondary, or post-secondary" shall mean any building or part thereof used for instructional purposes and licensed by the state to provide elementary, secondary, or post-secondary education.
   (261)   "Screening," as required or recommended by this Code, shall mean the use of landscaping or berms, fences, walls, or the like to mask structures or property uses from the view of users of public streets or occupants of adjacent properties.
   (262)   "Self storage facility" shall mean a building or group of buildings consisting of individual, self-contained units leased to individuals, organizations or businesses solely for self-service storage of personal property, with no outdoor sales or storage.
   (263)   "Seminudity, state of seminudity, or seminude" shall mean exposing to view with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
   (264)   "Setback" shall mean the minimum or maximum distance a building or structure shall be required to be situated from an adjacent lot line, except as modified according to this Code. Certain building projections and uses of the lot may extend into the setback area only as expressly allowed in this Code.
   (265)   "Setback line" shall mean an imaginary line within a lot describing the limits within which building construction can occur, or any part of such line, as established by the required front, side, and rear yard depths for each zone district.
   (266)   "Sexual encounter center" shall mean a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
      A.   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or activities between male and female persons and/or persons of the same sex when one or more of the persons is seminude.
   (267)   "Showrooms and salesrooms for wholesale distribution" shall mean an establishment whose principal business is wholesale trade or distribution of manufactured products, supplies, and equipment, and which may include accessory offices.
   (268)   "Sidewalk" shall mean a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
   (269)   "Sight distance" or "clear sight triangle" shall mean the minimum distance the driver of a vehicle can see unencumbered by intervening buildings, structures, land forms, or vegetation, to safely negotiate an intersection of streets, usually measured between three and one-half feet and eight feet above the road surface.
   (270)   "Sign" shall mean any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on or displayed from a building or structure, in order to direct or attract attention to, or to announce or promote, an object, product, place, activity, person, institution, organization, or business or the like, by means of letters, words, model, banner, flag, pennant, insignia, device, designs, colors, symbols, fixtures, images, illuminations or representation used as, or which is in the nature of an announcement, direction, or advertisement. For the purpose of this Code, the word "sign" does not include flag, pennant, badge, or insignia of any government or governmental agency.
   (271)   "Signable area" shall mean that portion of a building facade that can accommodate a sign within an open area framed by the architectural elements of the building.
   (272)   "Sign, A-Frame" shall mean a temporary, pedestrian oriented, portable sign sometimes referred to as a Sandwich Board Sign that is comprised of two separate panels or faces typically joined together at the top of the panels or faces with a hinge and widened at the bottom of the sign to form a shape similar to that of the letter "A".
   (273)   "Sign, animated" shall mean any sign that uses flashing lights or movement of the sign or some element thereof, to depict action or create a special affect or scene.
   (274)   "Sign, awning or canopy" shall mean any sign that is painted on, printed on or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance or window.
   (275)   "Sign, banner" shall mean a sign made of lightweight fabric or similar material with no enclosing framework that is mounted to a building or other structure at one or more edges.
   (276)   "Sign, billboard" (synonymous with off-site advertising) shall mean a sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
   (277)   "Sign, building" shall mean any sign attached parallel to any part of a building and including wall signs, awning or canopy signs and window signs.
   (278)   "Sign, changeable copy" shall mean a portion of a sign with letters, characters, or graphics that are not permanently affixed to the structure, framing, or background allowing the letters, characters or graphics to be modified manually or by electronic or mechanical devices from time to time as situations change, such as a bulletin board or announcement board.
   (279)   "Sign face" shall mean the area or display surface used for the message.
   (280)   "Sign, illuminated" shall mean a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
   (281)   "Sign, entrance or exit" shall mean a sign located at the driveway entrance or exit and intended to provide for safe ingress and egress.
   (282)   "Sign, flag" shall mean a piece of flexible material having a distinctive size, color, and design, used as a symbol, standard, signal, or emblem.
   (283)   "Sign, ground" shall mean a sign supported from the ground and not attached to any building.
   (284)   "Sign, instructional" shall mean a sign that has a purpose secondary to the use on the lot and that is intended to instruct employees, customers, or users as to matters of public safety or necessity such as, but not limited to, specific parking requirements, the location or regulations pertaining to specific activities on the site or in the building, and including a sign erected by a public authority, utility, public service organization, or private industry that is intended to control traffic; direct, identify or inform the public; or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy. Instructional signs may, in addition to the instructional purposes, be used to express non-commercial speech.
   (285)   "Sign, marquee" shall mean a sign attached to a structure, other than an awning or canopy sign, projecting from a wall of a building above an entrance and extending over a street, sidewalk, or part thereof.
   (286)   "Sign, mobile" shall mean a sign that is on wheels, runners, casters, or has a frame to which wheels, runners, or casters may be affixed, parked trailers, parked vehicles, or other mobile devices, including tethered and/or anchored balloons.
   (287)   "Signplate" shall mean a wall sign not exceeding two square feet.
   (288)   "Sign, permanent" shall mean a sign that is not temporary.
   (289)   "Sign, projecting" shall mean a sign that is attached to a building wall and extending twelve inches or more beyond the face of the wall.
   (290)   "Sign, roof" shall mean a sign erected, constructed or maintained wholly upon or over the roof or parapet wall of any building with the principal support on the roof structure.
   (291)   "Sign, temporary" shall mean a sign that is designed to be used only temporarily and is not intended to be permanently attached to a building, attached to a structure or installed in the ground, and which contains information or message other than the name of the business or occupant and of duration less than the occupancy of the use.
   (292)   "Sign, wall" shall mean a sign painted on, attached to, or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of the wall and not extending more than twelve inches there from and which does not project above the roofline or beyond the corner of the building.
   (293)   "Sign, window" shall mean a sign that is applied or attached to a window or door, or a sign located near a window within a building for the purpose of being visible to and read from the outside of the building except for signs that are not legible from a distance of more than three feet beyond the building in which such sign is located.
   (294)   "Site" shall mean any lot, plot, or parcel of land or combination of contiguous lots or parcels of land.
   (295)   "Site development" shall mean the improvement of a site in accordance with an approved site plan and zoning certificate (where applicable), including construction of buildings and structures and the rearrangement of the land surface.
   (296)   "Site plan" shall mean the proposed layout of a lot showing all elements of the site development as well as utility and drainage lines, and existing buildings, structures, trees, and vegetation to remain.
   (297)   "Small antenna includes the following: (i) an antenna that is designed to receive direct satellite service, including direct-to-home satellite service, that is one meter or less in diameter, (ii) an antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint services, and that is one meter or less in diameter or diagonal measurement, and (iii) an antenna that is designed to receive television broadcast or radio signals and is not parabolic in shape.
   (298)   "Solar energy systems" shall mean devices that collect energy from the sun and convert light into electricity and/or use the sun's energy to heat water or another fluid such as oil or antifreeze.
      A.   "Solar energy systems–freestanding solar array" shall mean a solar energy system not attached to a building which stands on its own, usually mounted on a pole or support framing.
      B.   "Solar energy systems–panel" shall mean solar energy systems that consist of enclosed panels, usually rectangular in shape and secured onto the roof or wall of a building.
   (299)   "Specified anatomical areas" shall mean:
      A.   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
      B.   Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
   (300)   "Specified sexual activities" shall mean any of the following:
      A.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
      B.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy;
      C.   Excretory functions as part of or in connection with any of the activities set forth in divisions A. or B. above.
   (301)   "Stormwater management plan" shall mean a plan to govern the collection, retention, and release of stormwater in a manner to minimize damage to downstream property.
   (302)   "Stormwater detention basin" shall mean a facility for the temporary storage of stormwater runoff, constructed to receive and temporarily hold stormwater for release at a controlled rate. Such devices may include graded depressions in the ground, parking lots with concave surfaces, roof tops, or buried tanks or pipes.
   (303)   "Stormwater retention basin" shall mean a facility, such as a pond, pool or basin, used for the permanent storage of stormwater runoff, constructed to receive and hold stormwater for release at a controlled rate.
   (304)   "Story" means that portion of a building, between the surface of a floor and the ceiling immediately above it.
   (305)   "Stream" shall mean a system including permanent or seasonally flowing water, a defined channel, flood plain, and riparian ecosystem. Streams have no defined size range, but generally are considered smaller than rivers.
   (306)   "Stream corridor" shall mean the corridor defined by the stream's ordinary high water mark.
   (307)   "Street" shall mean an improved vehicular passage within a right-of-way that primary means of access to abutting lots. The term "street" includes avenue, drive, circle, road, roadway, parkway, boulevard, or any other similar term.
   (308)   "Street, arterial" shall mean a major arterial street and consisting of one of the following roadway or roadway segments:
      Barlow Road between Terex Road and Stow Road
      Boston Mills Road (cont'd)
      Darrow Road (State Route 91)
      Hines Hill Road, West of Valley View Road
      Main Street (State Route 91)
      Norton Road, west of Darrow Road
      Seasons Road
      Stow Road
      Streetsboro Road (State Route 303)
      Terex Road
   (309)   "Street, collector" shall mean a roadway other than an arterial street or a local street, that meets one or more of the following criteria: serves both land access and traffic circulation in residential and commercial/industrial areas, penetrates residential neighborhoods, distributes and channels traffic between local streets and arterial streets.
   (310)   "Street, cul-de-sac" shall mean a street with a single common ingress and egress and with a turnaround at the end.
   (311)   "Street line" shall mean the edge of a street right-of-way where it abuts private property.
   (312)   "Street, local" shall mean a roadway that meets one or more of the following criteria: provides direct access to adjacent land, provides access to collector streets, carries no through traffic movement.
   (313)   "Street, public" shall mean a right-of-way intended to be used for travel by the public, improved for such purpose, and accepted by the City of Hudson for perpetual maintenance.
   (314)   "Streetscape" shall mean a design term referring to all the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, including trees and other plantings, awnings and marquees, signs, and lighting.
   (315)   "Structural framework" shall mean the supporting members of the exterior walls and roof of a building such as bearing walls, columns, beams, and girders.
   (316)   "Structure" shall mean any manmade construction in, on, or over the ground or water. The term structure includes buildings and, among other things, stadiums, platforms, radio towers, sheds, storage bins, fences, and display signs.
   (317)   "Subdivider or developer" shall mean any person, partnership, joint venture, limited liability company, association, or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale and lease of a development.
   (318)   "Subdivision" shall mean:
      A.   The platting of a lot or the division of a lot, tract, or parcel of land into two or more lots, plots, or sites for the purpose, whether immediate or future, of transfer of ownership; or
      B.   The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets; the division or allocation of land as open spaces for common use by owners, occupants, or leaseholders; or division or allocation of land as easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities.
   (319)   "Subdivision, minor" shall mean the subdivision of a parcel of land, after the original tract has been completely subdivided, into three or fewer lots and that does not involve the opening, widening, or extension of any street or road or easements for access.
   (320)   "Swimming pool" shall mean a structure whether in-ground, or above ground, for the containment of water in excess of eighteen inches in depth or greater than 100 square feet in surface area for private, public, semi-public, or commercial use.
   (321)   "Technically suitable" shall mean the location of a wireless telecommunication antenna(s) reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the antenna(s) has been licensed by the FCC to operate without a significant loss of communication capability within developed areas of the City.
   (322)   "Telecommunication(s)" shall mean the technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or magnetic systems and includes the term "personal wireless services."
   (323)   "Temporary housing" shall mean a dwelling that may be permitted pursuant to this Code to be placed on a lot that already contains one dwelling, based on a family hardship encountered by the residents of the existing dwelling that can be cured during the extent of the hardship by the presence of the second dwelling.
   (324)   "Thoroughfare plan" shall mean the official plan of highways, primary, and secondary thoroughfares and parkways, designated as such on the Comprehensive Land Use Plan adopted by the Planning Commission, and including the proposed opening, widening, or extension of any streets or roads which have been declared necessary by the City in the public interest.
   (325)   "Townhome. See "dwelling, townhome."
   (326)   "Traffic impact study" shall mean a report analyzing anticipated roadway conditions with and without an applicant's development, and may also include a parking study and overall access management plan for the development site.
   (327)   "Trail" shall mean a multipurpose path designed for use by pedestrians or bicyclists.
   (328)   "Trailer" shall mean any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade, or occupation, or use as a selling or advertising devise, or use for the storage or conveyance for tools, equipment or machinery and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
      A.   "Trailer, utility" means a non-motorized vehicle which is generally pulled by a motorized vehicle and features an open-top or enclosed cargo area and is used for the hauling.
   (329)   "Transportation facility" shall mean mass transit stations including bus or rail terminals/stations, transfer points, and depots without vehicle repair or storage.
   (330)   "Tree" shall mean any self-supporting woody plant, usually having a single woody trunk, and a potential DBH of two inches or more.
   (331)   "Tree, significant" shall mean any tree with a DBH of nine inches or more.
   (332)   "Truck" shall mean a motorized vehicle with a manufacturer-defined "curb weight" (fully-fueled vehicle weight with no passengers or cargo) of three tons (6,000 pounds) or more and which is licensed by the Ohio Bureau of Motor Vehicles as a truck.
   (333)   "Use" shall mean the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.
   (334)   "Use, principal." See "principal use."
   (335)   "Variance" shall mean a grant by the Building and Zoning Board of Appeals permitting deviation from the provisions of this Code when the property is otherwise being used for a permitted use under this Code because the Board finds that exceptional or unusual conditions exist that are not common to other areas similarly situated and practical difficulty may result from strict compliance with a particular zoning standard, provided that such relief will not have the effect of nullifying or impairing the intent and purpose of the zoning standard. In determining "practical difficulty", the Board shall be guided by the factors set forth in Section 1204.03(a).  The term "variance" does not include a grant to allow a use not specifically permitted in this Code or a use expressly or by implication prohibited under the terms of this Code for the zoned district containing the property for which the variance is sought.
   (336)   "Vegetation" shall mean trees, shrubs, or vines.
   (337)   "Vehicle repair/services" shall mean any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of automobile, light trucks or vans, trailers, or recreational vehicles is conducted or rendered.
   (338)   "Vehicle and equipment rentals" shall mean the use of any building, land area, or other premises for the rental of cars, light trucks, and/or light equipment, and shall not include vehicle repair/services.
   (339)   "Vehicle sales" shall mean the use of any building, land area, or other premises for the display and sale or lease of any new or used car or light truck, and including outside storage of inventory, any warranty repair work, and other repair service conducted as an accessory use.
   (340)   "Veterinary facility/small animal clinic" shall mean any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, and prevention of animal diseases wherein the animals are limited to dogs, cats and other comparable household and domestic pets and wherein short-term, overnight, indoor boarding of said animals is allowed as an accessory use.
   (341)   "Violation" shall mean any act which is prohibited or made or declared to be unlawful or an offense under the Land Development Code (Part Twelve) or Building and Housing Code (Part Fourteen) of the Codified Ordinances, including affirmative acts as well as omissions and/or failures to act where the act is required by Part Twelve or Part Fourteen (Building and Housing Code) of the Codified Ordinances.
   (342)   "Walkway. See "pedestrian path."
   (343)   "Warehouse" shall mean an establishment, conducted within a completely enclosed building, that is engaged in the storage of materials, equipment, or products that will be distributed to wholesalers or retailers.
   (344)   "Warehousing, distribution, and enclosed storage" shall mean a use engaged in enclosed storage, wholesale, and/or distribution of manufactured products, supplies, and equipment, including accessory offices and showrooms, and including incidental retail sales, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions.
   (345)   "Water table"  shall mean an underground boundary between the soil surface and the area where groundwater saturates space between soils, sediments, and cracks in rock.
   (346)   "Wellhead protection area" shall mean those areas in an aquifer recharge area that are located within the one-mile and five-mile time of travel limits and that are shown on a map entitled "City of Hudson, Ohio, Wellhead Protection Areas Map," the original of which may be found at the office of the Director of the Community Development Department.
   (347)   "Wireless telecommunication antenna" shall mean the physical device through which electromagnetic, wireless telecommunication signals authorized by the Federal Communications Commission (FCC) are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
   (348)   "Wireless telecommunication equipment shelter" shall mean the structure or cabinet in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
   (349)   "Wireless telecommunication facility" shall mean a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines for the provision of personal wireless services.
   (350)   "Wireless telecommunication tower" shall mean any structure which elevates the wireless telecommunication antenna and may include accessory transmission and receiving equipment.
   (351)   "Wetlands" shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
   (352)   "Workshop" and "custom small industry" shall mean a facility wherein goods are produced or repaired by hand, using hand tools or small-scale equipment, including small engine repair, furniture making and restoring, upholstering, custom care or motorcycle restoring, and other similar uses.
   (353)   "Yard" shall mean the front, side, or rear area of a lot between the lot line and the setback line, extending open and unobstructed from the ground upward except as otherwise provided in this Code, and the depth of which is specified by the regulations for the zone district in which the lot is located.
   (354)   "Yard depth" shall mean the shortest distance between a lot line and the adjacent parallel setback line on a lot.
   (355)   "Yard, front" shall mean the yard between the front lot line and the front building line and extending to the side lot lines, and measured perpendicular to the building at its closest point to the front lot line.
   (356)   "Yard, rear" shall mean the yard extending the full width of the lot between the rear lot line and rear building line and measured perpendicular to the building at its closest point to the rear lot line.
   (357)   "Yard, side" shall mean the yard between the side lot line and the building, extending from the front yard to the rear yard, and measured perpendicular from the side lot line to the closest point of the building.
   (358)   "Zero lot line" shall mean the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
   (359)   "Zoning certificate" shall mean a written statement issued by the Community Development Department authorizing buildings, structures, or other uses consistent with the terms of this Code and for the purpose of carrying out and enforcing its provisions. Also referred to in this Code as "certificate of zoning compliance."
   (360)   "Zone or zoning district" shall mean a contiguous area of land on all parts of which the same uniform opportunities for development apply.
   (361)   "Zoning district boundary" shall mean the perimeter line completely enclosing a zone district.
   (362)   "Zoning Map" shall mean the official zoning map, showing all zone district and their boundaries, adopted by the City by ordinance, and as amended.
(Ord. 16-44, § 9.  Passed 7-19-16; Ord. 16-57, § 7.  Passed 12-20-16; Ord. 16-148, § 15.  Passed 2-21-17; Ord. 18-93.  Passed 10-15-19; Ord. 19-173.  Passed 3-3-20.)