An accessory use customarily incident to a permitted use shall also be permitted in a Class UPD District unless specifically prohibited. Within a Class UPD District, no structure or premises shall be used for uses other than those allowed in that UPD District.

(Prior code § 153.120; Ord. 107-1987)

A.

Permitted uses in the Class UPD-1 District.

1.

All uses listed in Sections 153.240(A), 153.270(A)(1) and (2), and 153.280(A)(1) and (2); and

2.

Apartment house, condominium housing, and housing for the elderly, as provided in the article on Conditional Uses at Sections 153.460 et seq.

B.

Permitted uses in the Class UPD-1A district.

1.

All uses listed in Section 153.240(A); and

2.

Apartment house, condominium housing, and housing for the elderly, as provided in the article on Conditional Uses at Sections 153.460 et seq.

C.

Development conditions. The following conditions apply to development in the UPD-1 and UPD-1A Districts:

1.

All uses listed in Section 153.240 shall be developed, modified, or expanded as if they were zoned as U1, H1, A2 District classification, except as herein provided.

2.

Other uses shall be developed, modified, or expanded as if they were zoned as a U3, H2, A3 District classification, except as herein provided.

3.

Any new development of a building site with frontage on the east side of Brittain Road shall include the deeding of a fifteen-foot strip of land along the entire Brittain Road frontage for street widening. Any new development of a building site with frontage on the west side of Brittain Road shall include the deeding of a twenty-foot strip of land along its entire Brittain Road frontage for street widening. This deed shall be granted at no cost to the City prior to the issuance of a certificate of occupancy.

4.

Direct access to Brittain Road shall not be permitted for all new development. All new development shall include construction of a service road as shown on plans filed in the Bureau of Engineering and identified as Standard Drawing A9220. Each new development shall complete enough additional length of the service road, including intersections, to connect it with a specified entrance-exit point. On completion, or at any time thereafter, the service road shall be dedicated to the city, at no cost to the city, whenever deemed necessary to the public interest. In addition, vehicular ingress to and egress from new development on Brittain Road south of Alphada Avenue and Elton Avenue shall be limited to right turns only; vehicular access to or egress from the Class UPD-1A District shall be prohibited from or to Yorkshire Terrace.

5.

All new development shall be served with sewers as required by the Bureau of Engineering and identified as Standard Drawing A9220. Each new development shall construct, at no cost to the city, enough of the required storm and sanitary sewers to serve it.

6.

The grade of property outside of the City shall not be changed to bring additional storm water into the City storm sewerage system.

7.

The Brittain Road building line shall be fifty feet or eighty feet from the centerline. All other building setbacks shall be as indicated elsewhere in this Zoning Code.

8.

All exterior signs shall be approved by the planning staff as to number, type, size, and location.

9.

All exterior utility services shall be installed underground and be adequately marked for safety.

10.

Any projections above the roof line of the structures, except parapets and chimneys, shall be adequately screened from view.

11.

The required landscape planting plan of the article on Development and Area District Requirements at Sections 153.285 et seq., if required, shall cover the entire building site. Parking shall not, however, extend beyond any building line.

12.

Flags, pennants, and other distracting devices shall be prohibited except when authorized by specific legislation. Penalty, see § 153.199.

(Prior code § 153.121; Ord. 107-1987; Ord. 322-1976)

A.

Permitted and Prohibited Uses. Permitted and prohibited uses in the UPD-2 are subdivided and permitted as follows:

1.

All of the uses listed in Section 153.240(A);

2.

Off-street parking of motor vehicles as an accessory use to the existing or new businesses fronting on Merriman Road and West Market Street between Mount View Avenue and Hurlburt Avenue.

B.

Development Conditions.

1.

The uses permitted in subsection (A)(1) of this section shall be developed, modified, or expanded as if the area were zoned U1, H1, A1, except as herein provided.

2.

Prior to the use of any of the subject area for off-street parking, evidence must be shown that the owner or proprietor of the businesses described in subsection (A)(2) of this section, has title to the land to be used for off-street parking.

3.

Prior to the use of any of the subject area for off-street parking, such area shall comply with the following development conditions or a bond shall be posted with the Department of Planning and Urban Development to assure compliance with the development conditions:

a.

That there be a ten-foot buffer strip on Fairfield Avenue, this strip to be landscaped to the satisfaction of the Department of Planning and Urban Development; if a security fence is installed, such fence shall be located on the property line of Fairfield Avenue. The customary five feet of buffering shall be required on Mount View and Hurlburt Avenues.

b.

That if the parking area be located adjacent to an existing dwelling a solid type fence shall be erected adjacent to the dwelling (chain link fence with strips will be satisfactory.)

c.

That the grading and drainage of the off-street parking areas or any surface change incident to the approved development meet the requirements of Chapter 193 and any other sections of the Code of Ordinances applicable to such changes.

d.

That all driveways and parking areas be hardsurfaced and built following approval of plans by the City Engineer, according to standards established by the Bureau of Engineering.

e.

That the location and sizes of points of ingress and egress be subject to the approval of the Traffic Engineer.

f.

That all new public utility services be installed underground and their locations suitably marked for safety.

g.

That all exterior lighting on the property, if any, be installed so as not to disturb the surrounding neighbors or to shine on streets or highway.

h.

That the number, size, and location of all exterior signs be subject to the approval of the Department of Planning and Urban Development, and these signs conform to Sections 153.345 through 153.375.

(Prior code § 153.122; Ord. 107-1987; Ord. 771-1976)

A.

There is hereby established a Unified Planned Development District Number 4: which is described as follows: Bounded on the south by Wooster Avenue; on the west by McTaggart Drive; on the north by Diagonal Road; on the east by the interstate I-77 off ramp to Wooster Avenue.

B.

Within the area designated in subsection A of this section, UPD No. 4, the uses listed below, with certain limitations as stipulated shall be exclusive.

1.

Permitted Land Uses. The following uses and accessory uses thereto shall be permitted except that no retail sales shall be permitted:

a.

Research laboratory (no explosives)

b.

Beverage container-redistribution center

c.

Utility facilities

d.

Clothing storage

e.

Cold storage plant

f.

Cotton and cotton produce storage

g.

Dry good storage

h.

Electroplating

i.

Frozen food storage and wholesalers

j.

Groceries storage

k.

Machine shop

l.

Tobacco storage

m.

Wholesale products storage

n.

New car dealership

o.

Any other similar uses as may be determined under Section 153.404(I).

2.

Building Setbacks. On Wooster Avenue there shall be a minimum building line at fifty feet. On the east side of McTaggart Drive there shall be a minimum building line of twenty-five feet.

3.

Building Height. The maximum building height shall not exceed fifty feet.

4.

a.

Parking Criteria. Off-street parking spaces shall be provided behind the building lines and shall be provided in accordance with the following schedule:

b.

In no case shall there be less than one off-street parking space for each two full-time employees on the maximum working shift, and adequate off-street parking space shall be provided for early arrivals on changing shifts.

5.

Loading.

a.

Off-street loading facilities shall be provided in accordance with the following schedule:

b.

The minimum size of every required loading berth shall be sixty feet in depth by twelve feet in width. The minimum height of each enclosed berth shall be a minimum of fourteen feet. Off-street loading berths shall be provided in such a manner as to eliminate interference with public use of sidewalks, streets, or alleys, by vehicles loading or unloading. All parking loading areas shall be paved.

6.

Land Coverage. Land coverage by structures shall not exceed fifty-five percent of the lot area.

7.

Utility Connections. All connections, leads, and exterior portions of or connection to public utilities (gas, electric, telephone, television) shall be installed underground by the developer of any parcel of land. All transformer boxes, gas meters, and other utility appurtenances shall be located so as not to be visible and shall be screened by planting or building materials at locations not hazardous to the public.

8.

Yard Area. Between buildings and adjoining property lines, there shall be a minimum side yard and rear yard of twelve feet. Such yard area shall be kept free of material and other obstructions at all times. There shall be no outside storage.

9.

General.

a.

There shall be no U4 use or construction within two hundred fifty feet of McTaggart Drive or Redbush Road, except on that part of Redbush Road between Cordova Avenue and the West Expressway—fifty feet.

b.

There shall be only one access road permitted from Wooster Avenue. It shall have a minimum width of sixty feet, shall be improved to City standards and shall be dedicated.

c.

There shall be no commercial traffic or additional curb cuts permitted on McTaggart Drive and Diagonal Road.

d.

All buildings, open spaces, parking areas, and layouts shall be approved by the appropriate City departments.

e.

The developer of each parcel of land shall take into consideration the development of the total area.

f.

All improvements shall be paid for by the developer and no charge shall be made for access by the residents in the area.

g.

In the event that McTaggart Drive, Stimson Street, or Redbush Road shall be used as a detour by the City or by any developer, the street so used shall be improved and maintained.

h.

Outside storage shall not be permitted.

i.

That a landscape planting and fencing plan which conforms to the "Akron Development Guide" as referred to in Sections 153.300 through 153.310 be submitted to the Department of Planning and Urban Development for its review of compliance with said guide; and that the landscaping and fencing be installed and maintained as shown on the approved plan.

j.

Service Driveway. That the driveway servicing drive properties fronting on the east side of McTaggart must use a common access drive shared with 1557 Wooster Avenue as described by Ord. 901-1988.

C.

Within the area of Area 22, UPD No. 4, the existing zoning use, height, and area classifications are repealed as follows: The U1, H1, A1 District Classification and the existing building lines on Wooster Avenue, McTaggart Drive, Diagonal Road, Redbush Road, Himelright Boulevard, and Cordova Avenue.

(Prior code § 153.124; Ord. 591-1990; Ord. 107-1987; Ord. 227-1970)

A.

Permitted Uses. Permitted uses in the UPD-5 are subdivided as follows:

1.

UPD-5a. Within the area of the UPD-5 District on the north and south side of West Market Street between Portage Path and Grand Avenue or Casterton Avenue, limited retail uses shall be permitted. Limited retail uses include:

a.

All of the uses listed in Sections 153.280(A)(1), (A)(2) and (A)(3), and (B)(3), except newspaper printing, job printing, dance hall, skating rink, motor vehicle sales, or ambulance service; and

b.

Accessory uses customarily incidental to the uses permitted in subsection (A)(1)(a) above.

2.

UPD-5b. Within the remainder of the UPD-5 District, Limited Business Uses, as defined in Section 153.270 of this Chapter, are permitted.

B.

Prohibited Use. No structure or premises shall be used or developed and no structure shall be erected to be used for any use other than a permitted use under subsections (A)(1) and (A)(2) above.

C.

Development Conditions. Area and height regulations, yards, parking, signage and other development requirements in UPD-5 shall be as provided in the Highland Square Urban Renewal and Redevelopment Plan, Sections V(C) and (D), and in Article 6 of the Zoning Code, Development and Area Requirements, Sections 153.300 et seq. Where the provisions of the Highland Square Urban Renewal and Redevelopment Plan, as adopted herein, and the provisions of Article 6 of this Zoning Code conflict, the provisions of the Highland Square Urban Renewal and Redevelopment Plan will prevail.

(Ord. 221 § 3, 2006)

A.

Permitted uses in the UPD-6 are subdivided and permitted as follows:

1.

Offices of doctors, dentists, attorneys, architects, engineers, research and development facilities.

2.

The sale and service of new motor vehicles.

3.

All uses listed in Sections 153.285 (A)(1) through (7) except those uses listed in Section 153.285(A)(6). Wholesale and retail sales shall be permitted in connection with these uses provided the project offered for sale is assembled, fabricated, or manufactured on the premises.

4.

No residential uses shall be permitted in the UPD-6.

B.

Development Conditions.

1.

The uses permitted in subsection (A)(1) of this section shall be developed, modified, or expanded as if the area were zoned ULB, H2, A3, except as herein provided.

2.

No uses permitted in subsection (A)(2) of this section shall be developed, modified, or expanded as if the area were zoned U3, H2, A3, except as herein provided.

3.

The uses permitted in subsection (A)(3) of this section shall be developed, modified, or expanded as if the area were zoned U4, H2, A2, except as herein provided.

4.

All areas in UPD-6 shall be considered special grading areas as defined in Section 193.106(A)(7) and shall be subject to all requirements of Chapter 193 pertaining to such areas.

5.

The development conditions provided herein are in addition to all other provisions of the code and no way vary or waive those provisions, except as specifically stated.

6.

Subject to a storm water plan as approved by the City Sewer Engineer. Penalty, see Section 153.199.

(Prior code § 153.126; Ord. 107-1987; Ord. 255-1977)

A.

For the UPD-8, Use District, the following definitions shall apply:

1.

"Townhouse apartment house." An apartment house in which the dwelling units are arranged in a row being attached by not more than two side walls.

2.

"Townhouse dwelling units." These may be one or more stories but in no case shall a dwelling unit be above or below another dwelling unit. An outside or end "townhouse dwelling unit" may be attached to only one other dwelling unit; an inside "townhouse dwelling unit" shall be attached by side walls only to two other dwelling units.

B.

Permitted or prohibited uses in the UPD-8 District are subdivided and permitted as follows:

1.

Single-family dwelling.

2.

Townhouse apartment house.

3.

No other uses shall be permitted in the UPD-8 District.

4.

Accessory Uses. Accessory uses in the UPD-8 District shall be as permitted and prohibited as provided in Sections 153.260 and 153.265.

C.

Development conditions shall be as follows.

1.

Density permitted.

a.

The maximum density of single-family dwellings shall be three dwelling units per acre.

b.

The maximum density of townhouse apartment houses shall be nine dwelling units per acre.

2.

Maximum heights of all buildings listed in subsections (B)(1) and (2) of this section shall be thirty-five feet.

3.

Building lines shall be a minimum of seventy-five feet.

4.

All utility services shall be installed underground and their locations suitably marked for safety.

5.

All apartment houses shall comply with the development standards of Sections 153.300 through 153.310.

(Prior code § 153.128; Ord. 107-1987; Ord. 565-1985)

A.

For the UPD-9 District, the following definitions shall apply:

1.

"Condominium housing." A multiple-family dwelling in which each dwelling unit is owned by the occupant or the occupant's lessor, but in which the common halls, entrances, drives, and underlying lands are owned jointly by the owners of all dwelling units. For the purposes of this Zoning Code, all regulations applying to a two-family dwelling shall also apply to a two-unit condominium. Likewise, all regulations applying to an apartment house shall also apply to a condominium of three units or more.

2.

"Midrise." A residential building of more than one story, with individual dwelling units located above or below other dwelling units.

3.

"Townhouse." A residential dwelling with one or more stories, but in no case shall a dwelling unit be above or below another dwelling unit. An outside or end "townhouse" dwelling unit shall be attached to only one other dwelling unit; an inside "townhouse" dwelling unit shall be attached by side walls only to two other dwelling units.

B.

Permitted or prohibited uses in the UPD-9 District are subdivided and permitted as follows:

1.

Single-family dwelling.

2.

Two-family dwelling, including zero lot line homes.

3.

Townhouse condominium housing.

4.

Midrise condominium housing.

5.

Country club facilities and its associated accessory uses including a golf course.

6.

No other uses shall be permitted in the UPD-9 District.

7.

Accessory uses. Accessory uses in the UPD-9 District for subsections (B)(1) through (4) of this section shall be permitted and prohibited as provided in Sections 153.260 and 153.265 of the code of ordinances. Any further expansions of nonconforming uses shall be considered conditional uses, subject to the review and approval of the City Planning Commission and City Council.

C.

Development conditions shall be as follows:

1.

Density Permitted.

a.

The maximum density of single-family dwellings shall be three dwelling units per acre.

b.

The maximum density of two-family dwellings shall be six dwelling units per acre.

c.

The maximum density of townhouse condominium housing shall be nine dwelling units per acre.

d.

The maximum density of midrise condominium housing shall be fifteen dwelling units per acre.

e.

A total of one thousand six hundred residential units will be permitted in UPD-9, of which no more than twenty-five percent may be midrise condominium housing.

2.

Maximum heights of all buildings listed in subsections (B)(1), (2), and (3) of this section shall be thirty-five feet.

3.

Building lines shall be a minimum of seventy-five feet from the street right-of-way.

4.

All utility services shall be installed underground and their locations suitably marked for safety.

5.

All condominium housing and two-family dwellings shall comply with the development standards of Sections 153.300 and 153.305.

6.

Site plan review will be required for (B)(1) through (4) by the Department of Planning and Urban Development and the Planning Commission with approval by City Council.

(Prior code § 153.129; Ord. 107-1987; Ord. 104-1987)

A.

Permitted or prohibited uses in the UPD-10 District are subdivided and permitted as follows:

1.

Limited Business Use (ULB) shall be permitted.

2.

Ordinary Industry (U5) uses in that portion of the UPD formerly zoned U5 and located north of Perkins Street, west of Union Street, and east of the Erie Railroad right-of-way.

3.

A Commercial Use (U4) District classification shall be permitted in the entire area.

4.

Retail Business Use (U3) shall be prohibited in the entire area.

5.

No other uses shall be permitted in the UPD-10 District.

6.

Accessory Uses. Accessory uses in the UPD-10 District shall be permitted and prohibited as provided in Sections 153.270, 153.285, and 153.290.

B.

Development Conditions.

1.

The Department of Planning and Urban Development shall review all plans for new construction and additions for compliance with the "Akron Development Guide," in the article on Development and Area District Requirements at Section 153.300 et seq. and the article on On-Premises Exterior Signs at Section 153.345 et seq.

2.

All manufacturing, processing, crating and uncrating service, and repair operations shall be conducted within completely enclosed buildings.

3.

The outdoor storage of materials shall be prohibited between Maiden Lane Alley and Perfida Place.

4.

All outdoor storage areas shall be screened from view by solid walls or solid fences or landscaping at least six feet in height.

5.

The Building Line for the ULB uses as referred to in subsection (A)(1) of this section shall be ten feet on the south side of Perkins Street and ten feet on the west side of Prospect Street.

6.

All limited business, commercial and industrial development shall conform to the development standards as established in the article on Development and Area District Requirements at Section 153.300 et seq.

(Prior code § 153.130; Ord. 700-1992; Ord. 107-1987; Ord. 882-1981)

A.

Permitted Uses in the UPD-11 District:

1.

All uses listed in Section 153.245(A)(2) and (3), Apartment House District, Class U2.

2.

All uses listed in Section 153.270(A)(1) and (2), Limited Business District, Class ULB.

3.

All uses listed in Section 153.280(A)(1) and (2), (B)(2), (3), (4) and (5), Retail Business District, Class U3.

4.

All uses listed in Section 153.285, Commercial Use District, Class U4.

B.

Prohibited Uses in the UPD-11 District:

1.

No other uses shall be permitted in the UPD-11 District.

C.

Accessory uses in the UPD-11 shall be permitted if accessory use is customarily incident to a Class UPD-11 use.

D.

Height Requirements. The maximum height of a structure in UPD-11 District shall be fifty feet to the south of 1-76 and seventy-five feet to the north of I-76.

E.

Development Conditions. Area regulations, yards, parking, and other development requirements in the UPD-11 District shall be as provided in the article on Development and Area District Requirements at Sections 153.300 et seq. When the provisions of this Code conflict with provisions of the Eastgate Urban Renewal Plan, the provision of the Renewal Plan shall apply. Development conditions more specific to the UPD-11 District are as follows:

1.

Building Setback:

a.

The minimum building setback shall conform to Section 153.330(D).

2.

Parking Facilities:

a.

The design, layout and access to off-street parking shall be reviewed and approved by the Department of Planning and Urban Development.

b.

All parking and service areas shall be paved and have concrete curbing according to Bureau of Engineering Standards.

c.

The minimum setback for parking lots from a public street is five feet.

d.

Parking lots must be screened from all abutting public streets by:

i.

A 2.5 foot high solid masonry or stone wall located at the street right-of-way line (plain concrete block is not permitted) or:

ii.

A three-foot high decorative metal tube or solid metal bar fence located at the street right-of-way line; or

iii.

A minimum five-foot wide landscaped area between the parking lot and the right-of-way. The landscaped area must be planted with a double staggered row of shrubs thirty inches in height and one deciduous shade tree per thirty feet of frontage. Trees and shrubs must be maintained in good condition; dead material must be replaced within one year.

3.

Drive-Thru Uses: Drive-thru pickup windows and coverings are prohibited on building frontages and may be attached to the rear or side of the principle structure.

4.

Outdoor Advertising Displays: The regulations found in Section 153.385 et seq. "Outdoor Advertising" of the Zoning Code apply to all billboard signage in the Eastgate Urban Renewal Area.

5.

On-Premises Exterior Signs: The regulations found in Section 153.345 et seq. "On Premises Signs" of the Akron Zoning Code apply to all exterior signage in the Eastgate Urban Renewal Area.

6.

Building Materials: All materials shall be subject to approval by the Department of Planning and Urban Development.

7.

Roof-top Screening: All roof-mounted mechanical equipment shall be screened from public view to the height of the equipment. The design, colors and materials used in screening shall be architecturally compatible with the aesthetic character of the building and subject to the approval of the Department of Planning and Urban Development.

8.

On-Site Trash Storage: On-site trash receptacles shall be stored in an enclosure. The enclosure shall be constructed of materials which complement the materials used on the principal building and be located so as not to be intrusive to the neighboring uses.

9.

Access: The Traffic Engineer shall approve vehicular ingress and egress to buildings and parking areas. Common vehicular ingress and egress points are encouraged for retail and residential development.

10.

Exterior Lighting: All public exterior areas shall be well lit in a manner suitable for the intended use. Lighting should be adequate for the intended use, but should be sited and of such a nature as not be intrusive to the adjacent properties.

11.

Storm Water Management: Proposals for new development shall include a storm water management plan to control the run-off, siltation and sedimentation during construction and to control the run-off after the development is completed. The plan is to be consistent with all the requirements of Section 192.101—114 of the Code of Ordinances and is to be subject to the approval of the Bureau of Engineering and submitted prior to the issuance of any building permits. Special attention is to be given to maintaining the water quality of the Little Cuyahoga River and the Springfield Lake Outlet.

F.

Nonconforming structures and uses are subject to Section 153.390 of the Zoning Code of the Code of Ordinances of the City of Akron.

(Ord. 373-2007)

(Ord. 65-2013)

A.

Permitted and Prohibited Uses in the UPD-12 District.

1.

Single-family dwellings as listed in Section 153.240(A) are permitted.

2.

All uses listed in Section 153.270(A) are permitted.

3.

All uses listed in Section 153.285(A), except an outside storage yard, food growers market, veterinary hospital or kennel, body and fender repair shop, and outdoor advertising display, are permitted.

4.

Two-family dwellings and the uses listed in Sections 153.245(A), 153.280(A), and 153.280(B) are prohibited.

B.

Development Conditions.

1.

Building lines for this area shall be twenty-five feet.

2.

The first fifteen feet of the building line area shall be reserved for a landscaping area. The landscaping therein shall be in accordance with the "Akron Developers Guide" and shall be approved by the Department of Planning and Urban Development. This condition shall apply to development, modification, or expansion permitted under subsections (A)(2), (3) and (4) of this section.

3.

All uses permitted in subsection (A)(1) of this section shall be developed, modified, or expanded as if the area were zoned U1, H1, A1, except as herein provided. These uses shall only be permitted fronting on Morse Street, unless a new street is duly dedicated, or becomes dedicated as part of an allotment. In either case, the dedication or allotment shall meet all the provisions of the City Allotment Regulations.

4.

All uses permitted in subsection (A)(2) of this section shall be developed, modified or expanded as if the area were zoned ULB, H2, A2 with the exception that side yards shall be twelve feet.

5.

All the uses permitted under subsection (A)(3) of this section shall be developed, modified, or expanded as if the area were zoned U4, H2, A2 and shall conform to the article on Development and Area District Requirements at Sections 153.300 et seq., except as herein provided.

6.

Any new development of a building site for the uses permitted under subsections (A)(2) and (3) of this section fronting on the south side of Morse street, shall include the deeding of a ten-foot strip of land along its entire Morse Street frontage for street widening. This deed shall be granted at no cost to the City prior to the issuance of a certificate of occupancy.

7.

All on-premises signs shall conform to the article on On-Premises Exterior Signs at Sections 153.345 et seq.

8.

Pursuant to any development in this UPD, the issuance of any permit for the use of explosives shall be subject to the following provisions:

a.

All blasting shall take place between the hours of 9:00 a.m. and 2:30 p.m., Monday through Saturday. Special permission from the Fire Prevention Bureau Chief shall be required for blasting to take place at any other time.

b.

Two seismographs shall be set up and monitored at appropriate locations to be determined by the Fire Prevention Bureau Chief during all blasting operations.

c.

The intensity of all blasts shall not exceed the standard of one foot per second as measured by the above described seismographs.

d.

Geologic analysis shall be made by an appropriate authority in those areas affected in order to assure compliance with a maximum intensity blast of one foot per second. This analysis shall be provided to the Fire Prevention Bureau Chief before any blasting is permitted.

e.

The above requirements are in addition to the requirements of Section 190.428.

9.

Any new development of a building site for the uses permitted under subsections (A)(2), (3) and (4) of this section, shall include the payment of a fee into the Mud Run Drainage Basin Assistance Fund, as established by Ordinance 636-1975. This fee shall be paid at the rate of one thousand one hundred fifty-eight dollars per acre of land so developed and the fee shall be paid into such fund prior to the issuance of any building permit.

10.

All the uses permitted in subsections (A)(2), (3) and (4) of this section shall be permitted vehicular access from Romig Road or Morse Street, but shall not be permitted vehicular access from both of those streets. If this vehicular access is not provided via a duly dedicated street, the developer shall be responsible for acquiring the right of access of adjacent property.

11.

The development conditions provided herein are in addition to all other provisions of this chapter and in no way vary or waive those provisions, except as specifically stated. Penalty, see § 153.199.

(Prior code § 153.132; Ord. 107-1987; Ord. 590-1976)

A.

Permitted uses in the UPD-13 District:

1.

All uses listed in Section 153.240(A);

2.

All uses listed in Section 153.245(A);

3.

All uses listed in Section 153.270(A); and

4.

All uses listed in Section 153.280(A).

B.

Development Conditions.

1.

The building lines for this area shall be twenty-five feet except that the building line shall be fifty feet on the north side of Wooster Avenue.

2.

The first fifteen feet of the building line area shall be reserved for a landscaping area. The landscaping therein shall be in accordance with the "Akron Developers Guide" and be approved by the Department of Planning and Urban Development. This condition shall apply to development, modification or expansion permitted under subsections (A)(2) through (A)(4) of this section.

3.

All uses permitted under subsection (A)(2) of this section shall be developed, modified or expanded as if the area were zoned U2, H2, A2, except as herein provided.

4.

All uses permitted under subsection (A)(3) of this section shall be developed, modified or expanded as if the area were zoned ULB, H2, A2, with the exception that side yards shall be twelve feet.

5.

All uses permitted under subsection (A)(4) of this section shall be developed, modified or expanded as if the area were zoned U3, H2, A2, and shall conform to the article on Development and Area District Requirements at Sections 153.285 et seq., except as herein provided.

6.

Fee-simple ownership of the land under dwelling units shall be permitted, provided the density of the overall development does not exceed the permitted density and at least thirty percent of the entire development is devoted to usable open space.

7.

All on-premises signs shall conform to the article on On-Premises Exterior Signs at Sections 153.345 et seq.

8.

Any new development of a building site for the uses permitted under subsections (A)(2) through (A)(4) of this section shall include the payment of a fee into the Mud Run Drainage Basin Assistance Fund, as established by Ordinance No. 636-1975. This fee shall be paid at the rate of one thousand one hundred fifty-eight dollars per acre of land so developed and the fee shall be paid into the fund prior to the issuance of any building permits.

9.

Pursuant to any development in this UPD, the issuance of any permit for the use of explosives shall be subject to the following provisions:

a.

All blasting shall take place between the hours of 9:00 a.m. and 2:30 p.m., Monday through Saturday. Special permission from the Fire Prevention Bureau Chief shall be required for blasting to take place at any other time.

b.

Two seismographs shall be set up and monitored at appropriate locations to be determined by the Fire Prevention Bureau Chief during all blasting operations.

c.

The intensity of all blasts shall not exceed the standard of one foot per second as measured by the above described seismographs.

d.

Geologic analysis shall be made by an appropriate authority in those areas affected in order to assure compliance with a maximum intensity blast of one foot per second. This analysis shall be provided to the Fire Prevention Bureau Chief before any blasting is permitted.

e.

The above requirements are in addition to the requirements of Section 190.428 of the Building Code.

10.

All grading of this UPD shall be considered special grading areas, as defined in Section 193.106(A)(7) of the Building Code, and shall comply with all requirements of Chapter 193 pertaining to such areas.

11.

The development conditions provided herein are in addition to all other provisions of this chapter and in no way vary or waive those provisions, except as specifically stated.

(Ord. 226-2007: prior code § 153.133; Ord. 592-1990; Ord. 107-1987; Ord. 591-1976)

A.

Permitted and Prohibited Uses in the UPD-14 District.

1.

Single-family dwellings as listed in Section 153.240(A) are permitted.

2.

All uses listed in Section 153.270(A) are permitted.

3.

All uses listed in Section 153.280(A) are permitted.

4.

Coin-operated dry cleaning business; dyeing and dry cleaning establishment; garage repair shop; gasoline filling stations; and automobile laundry are permitted.

5.

Two-family dwellings and all uses listed in Section 153.245(A) are prohibited.

B.

Development Conditions.

1.

The building line on Romig Road shall be fifty feet.

2.

The west fifteen feet of the building line area shall be reserved for a landscaping area. The landscaping therein shall be in accordance with the "Akron Developers Guide" and be approved by the Department of Planning and Urban Development. This condition shall apply to development, modification or expansion permitted under subsections (A)(2), (3) and (4) of this section.

3.

a.

The south one thousand five hundred feet of this UPD has been tilled east from Romig Road creating a slope along the east boundary of the UPD. A plan approved by the Sewer Engineer to direct the flow of the run-off water prior to any development and to control the erosion and stabilize this slope has been effectuated by the owners of the land. All development of this south one thousand five hundred feet of the UPD for the uses permitted herein shall extend the full depth of the UPD in an east-west direction and the developer of all or any part of the UPD shall be responsible for the maintenance of the slope for the width of his frontage. This maintenance shall include, but not be limited to, replacement of topsoil and reseeding of eroded areas of the slope when such treatment is deemed necessary by the Department of Planning and Urban Development. No development shall be permitted in this portion of the UPD until a plan for a storm sewer pipe system, including public and private easements, has been approved by the Sewer Engineer and satisfactory arrangements made to install the approved system at no cost to the city.

b.

The northerly one thousand feet of this UPD will require filling to maximize development. All filling and grading in this area shall be considered as special grading areas, as defined in Section 193.106(A)(7) of the Building Code and shall comply with all requirements of Chapter 193 pertaining to such areas. Attention is called to the location and depth of the sanitary sewers in Romig Road. The measures to be taken to control the water run-off and stabilize the slopes created by the filling in of this area shall be the same, or equal to the area to the south. These measures are on file on an approved plan for the south area in the office of the Sewer Engineer. The responsibility and maintenance of the slopes shall be the same as for the south area as stated above.

4.

All uses permitted under subsections (A)(1) of this section shall be developed, modified or expanded as if the area were zoned U1, H1, A1, except as herein provided.

5.

All uses permitted under subsection (A)(2) of this section shall be developed, modified or expanded as if the area were zoned ULB H2, A2, with the exception that side yards shall be twelve feet.

6.

All uses permitted under subsections (A)(3) of this section shall be developed, modified or expanded as if the area were zoned U3, H2, A2, and shall comply with the article on Development and Area District Requirements at Sections 153.285 et seq. except as herein provided.

7.

All uses permitted under subsections (A)(4) of this section shall be developed, modified or expanded as if the area were zoned U4, H2, A2, and shall comply with the article on Development and Area District Requirements at Sections 153.300 et seq., except as herein provided. In addition, an automobile laundry shall provide a holding space area for twenty automobiles and the individual development site.

8.

Pursuant to any development in this UPD, the issuance of any permit for the use of explosives shall be subject to the following provisions:

a.

All blasting shall take place between the hours of 9:00 a.m. and 2:30 p.m., Monday through Saturday. Special permission from the Fire Prevention Bureau Chief shall be required for blasting to take place at any other times.

b.

Two seismographs shall be set up and monitored at appropriate locations to be determined by the Fire Prevention Bureau Chief during all blasting operations.

c.

The intensity of all blasts shall not exceed the standard of one foot per second as measured by the above described seismographs.

d.

Geologic analysis shall be made by an appropriate authority in those areas affected in order to assure compliance with a maximum intensity blast of one foot per second. This analysis shall be provided before any blasting is permitted.

e.

The above requirements are in addition to the requirements of Section 190.428 of the Building Code.

9.

All on premises signs shall conform to the article on On-Premises Exterior Signs at Sections 153.345 et seq.

10.

Developers shall be expected to comply with Sections 98.21(A)(1) and (B), except that the lateral location may be varied and the time of installation of sidewalks may be extended by the Director of Public Service.

11.

Any new development of a building site for the uses permitted under subsections (A)(2), (3) and (4) of this section shall include the payment of a fee into the Mud Run Drainage Basin Assistance Fund, as established by Ordinance 636-1975. This fee shall be paid at the rate of one thousand one hundred fifty-eight dollars per acre of land so developed and the fee shall be paid into such fund prior to the issuance of any building permit.

12.

The owners and developers of land fronting on Romig Road are placed on notice that the median strip on Romig Road is permanent and will not be cut or opened, except at the points located and fixed in the construction of Romig Road. Therefore, right turns in and out only will be available for any development on any property that is not located opposite the existing openings in the median. All new, expanded, or modified development permitted under subsections (A)(2), (3), and (4) of this section shall provide on-site provisions, including construction of a driveway, to permit vehicular access across the development to be used in common with their neighbors to the north and south to reach one of these fixed openings in the median. This access route shall be a covenant running with the land in any conveyance.

13.

The development conditions provided herein are in addition to all other provisions of this chapter and in no way vary or waive those provisions, except as specifically stated. Penalty, see § 153.199.

(Prior code § 153.134; Ord. 592-1990; Ord. 107-1987; Ord. 592-1976)

A.

Permitted and Prohibited Uses in the UPD-15 District.

1.

Single-family dwellings as listed in Section 153.240(A) are permitted.

2.

All uses listed in Section 153.270(A) are permitted.

3.

All uses listed in Section 153.280(A) are permitted.

4.

Coin-operated dry cleaning business; dyeing and dry cleaning establishment; garage repair shop; gasoline filling stations; and automobile laundry are permitted.

5.

Two-family dwellings and all uses listed in Section 153.245(A) are prohibited.

B.

Development conditions.

1.

The building line on Romig shall be fifty feet. The building line on Harlem Road shall be twenty-five feet.

2.

The first fifteen feet of the building line areas shall be reserved for a landscaping area. The landscaping therein shall be in accordance with the "Akron Developers Guide" and be approved by the Department of Planning and Urban Development. This condition shall apply to development, modification or expansion permitted under subsections (A)(2), (3), and (4) of this section.

3.

All grading of this UPD shall be considered as special grading areas, as defined in Section 193.106(A)(7) of the Building Code, and shall comply with all requirements of Chapter 193 pertaining to such areas. Special attention is called to the location of a sixty-foot wide gas line easement within this UPD and the fact that the UPD is located in two watersheds.

4.

All uses permitted under subsection (A)(1) of this section shall be developed, modified or expanded as if the area were zoned U1, H1, A1, except as herein provided.

5.

All uses permitted under subsection (A)(2) of this section shall be developed, modified, or expanded as if the area were zoned ULB H2, A2, with the exception that side yards shall be twelve feet.

6.

All uses permitted under subsections (A)(3) of this section shall be developed, modified, or expanded as if the area were zoned U3, H2, A2, and shall comply with the article on Development and Area District Requirements at Sections 153.285 et seq., except as herein provided.

7.

All uses permitted under subsection (A)(4) of this section shall be developed, modified, or expanded as if the area were zoned U4, H2, A2, and shall comply with the article on Development and Area District Requirements at Sections 153.300 et seq., except as herein provided. In addition, an automobile laundry shall provide a holding space area for twenty automobiles on the individual development site.

8.

All on-premises signs shall conform to the article on On-Premises Exterior Signs at Sections 153.345 et seq.

9.

Pursuant to any development in this UPD, the issuance of any permit for the use of explosives shall be subject to the following provisions:

a.

All blasting shall take place between the hours of 9:00 a.m. and 2:30 p.m., Monday through Saturday. Special permission from the Fire Prevention Bureau Chief shall be required for blasting to take place at any other times.

b.

Two seismographs shall be set up and monitored at appropriate locations to be determined by the Fire Prevention Chief during all blasting operations.

c.

The intensity of all blasts shall not exceed the standard of one foot per second as measured by the above described seismographs.

d.

Geologic analysis shall be made by an appropriate authority in those areas affected in order to assure compliance with a maximum intensity blast of one foot per second. This analysis shall be provided before any blasting is permitted.

e.

The above requirements are in addition to the requirements of Section 190.428 of the Building Code.

10.

Developers shall be expected to comply with Sections 98.21(A)(1) and (B) except that the lateral location may be varied and the time of installation of sidewalks may be extended by the Director of Public Service.

11.

In the event that a sanitary sewage pump station and force main is required to serve any portion of this UPD, these facilities shall be designed and installed to accommodate the estimated contribution of UPD-18 and the U4, H1, A2 District classification approved by Ordinance 897-1965. The design and installation shall be approved by the Sewer Engineer who shall prorate the cost of the installation among the contributing property owners, who shall be required to pay their pro rata share of the cost of the pump station and appurtenances.

12.

Any new development of a building site located within the Mud Run Drainage Area for the uses permitted under subsections (A)(2), (3) and (4) of this section, shall include the payment of a fee into the Mud Run Drainage Basin Assistance Fund, as established by Ordinance 636-1975. This fee shall be paid at the rate of one thousand one hundred fifty-eight dollars per acre of land so developed and the fee shall be paid into such fund prior to the issuance of any building permit.

13.

The owners and developers of land fronting on Romig Road are placed on notice that the median strip on Romig Road is permanent and will not be cut or opened, except at the points located and fixed in the construction of Romig Road. Therefore, right turns in and out only will be available for any development on any property that is not located opposite the existing openings in the median. All new, expanded, or modified development permitted under subsections (A)(2), (3), and (4) of this section shall provide on-site provisions, including construction of a driveway, to permit vehicular access across the development to be used in common with their neighbors to the north and south to reach one of these fixed openings in the median. This access route and construction, as well as all driveway cuts, shall be approved by the Traffic Engineer. The provisions for the access route shall be a covenant running with the land in any conveyance.

14.

The development conditions provided herein are in addition to all other provisions of this chapter and in no way vary or waive those provisions except as specifically stated. Penalty, see § 153.199.

(Prior code § 153.135; Ord. 107-1987; Ord. 593-1976)

A.

Permitted Uses in the UPD-16 District.

1.

All uses listed in Section 153.240(A);

2.

All uses listed in Section 153.245(A);

3.

All uses listed in Section 153.270 (A);

4.

All uses listed in Section 153.280(A): and

5.

Coin-operated dry cleaning business; dyeing and dry cleaning establishment; garage repair shop; gasoline filling stations; and automobile laundry.

B.

Development Conditions.

1.

The building line on Romig Road shall be fifty feet.

2.

The west fifteen feet of the building line area shall be reserved for a landscaping area. The landscaping therein shall be in accordance with the "Akron Developers Guide" and shall he approved by the Department of Planning and Urban Development. This condition shall apply to development, codification or expansion permitted under subsections (A)(2), (3), and (4) of this section.

3.

All grading in this UPD shall be considered as special grading areas, as defined in Section 193.106(A)(7) of the Building Code, and shall comply with all requirements of the Building Code pertaining to such areas. The measures to be taken to control and stabilize the slopes created by filling shall be the same or equal to those required in UPD-l4. These measures are on file on an approved plan for UPD-14 in the office of the Sewer Engineer. The maintenance of the slope shall be the same as that required in UPD-14.

4.

All uses permitted under subsection (A)(1) of this section shall be developed, modified, or expanded as if the area were zoned U1, Hl, A1, except as herein provided.

5.

All uses permitted under subsection (A)(2) of this section shall be developed, modified, or expanded as if the area were zoned U2, H2, A2, except as herein provided.

6.

All uses permitted under subsection (A)(3) of this section shall be developed, modified, or expanded as if the area were zoned ULB, H2, A2, with the exception that side yards shall be twelve feet.

7.

All uses permitted under subsection (A)(4) of this section shall be developed, modified, or expanded as if the area were zoned U3, H2, A2, and shall comply with the article on Development and Area District Requirements at Sections 153.285 et seq., except as herein provided.

8.

All uses permitted under subsection (A)(5) of this section shall be developed, modified, or expanded as if the area were zoned U4, H2, A2, and shall comply with the article on Development and Area District Requirements at Sections 153.300 et seq., except as herein provided. In addition, an automobile laundry shall provide a holding space area for twenty automobiles on the individual development site.

9.

No vehicular access shall be permitted from the east for uses permitted under subsections (A)(2), (3), (4) and (5) of this section.

10.

All on-premises signs shall conform to the article on On-Premises Exterior Signs at Sections 153.345 et seq.

11.

Pursuant to any development in this UPD, the issuance of any permit for the use of explosives shall be subject to the following provisions:

a.

All blasting shall take place between the hours of 9:00 am. and 2:30 p.m., Monday through Saturday. Special permission from the Fire Prevention Bureau Chief shall be required for blasting to take place at any other time.

b.

Two seismographs shall be set up and monitored at appropriate locations to be determined by the Fire Prevention Bureau Chief during all blasting operations.

c.

The intensity of all blasts shall not exceed the standard of one foot per second as measured by the above described seismographs.

d.

Geologic analysis shall be made by an appropriate authority in those areas affected in order to assure compliance with a maximum intensity blast of one foot per second. This analysis shall be provided before any blasting is permitted.

e.

The above requirements are in addition to the requirements of Section 190.428 of the Building Code.

12.

Developers shall be expected to comply with Sections 98.21(A)(1) and (B) except that the lateral location may be varied and the time of installation of sidewalks may be extended by the Director of Public Service.

13.

Any new development of a building site for uses permitted under subsections (A)(2), (3), (4), and (5) of this section shall include the payment of a fee into the Mud Run Drainage Basin Assistance Fund, as established by Ordinance 636-1975. This fee shall be paid at the rate of one thousand one hundred fifty-eight dollars per acre of land so developed and the fee shall be paid into such fund prior to the issuance of any building permit.

14.

The owners and developers of land fronting on Romig Road are placed on notice that the median strip on Romig Road is permanent and will not be cut or opened, except at the points located and fixed in the construction of Romig Road. Therefore, right turns in and out only will be available for any development on any property that is not located opposite the existing openings in the median. All new, expanded, or modified development for the uses permitted under subsections (A)(2), (3), (4), and (5) of this section shall provide on-site provisions, including construction of a driveway, to permit vehicular access across the development to be used in common with their neighbors to the north and south to reach one of these fixed openings in the median. This access route and construction, as well as all driveway cuts, shall be approved by the Traffic Engineer. The provisions for the access route shall be a covenant running with the land in any conveyance.

15.

The development conditions provided herein are in addition to all other provisions of this chapter and in no way vary or waive those provisions except as specifically stated. Penalty, see § 153.199.

(Prior code § 153.136; Ord. 107-1987; Ord. 594-1976)

A.

Permitted Uses in the UPD-17 District.

1.

All uses listed in Section 153.240(A);

2.

Apartment houses as listed in Section 153.245(A)(3).

B.

Development Conditions.

1.

The building line on Romig Road shall be fifty feet.

2.

All uses permitted under subsection (A)(1) of this section shall be developed, modified, or expanded as if the area were zoned U1, H1, A1, except as herein provided.

3.

All uses permitted under subsection (A)(2) of this section shall be developed, modified, or expanded as if the area were zoned U2, 52, A1, except as herein provided.

4.

No vehicular access shall be permitted from the east or uses permitted under subsection (A)(2) of this section.

5.

All on-premises signs shall conform to the article on On-Premises Exterior Signs at Sections 153.345 et seq.

6.

No blasting shall be permitted pursuant to any development in the UPD-17 District.

7.

Developers shall be expected to comply with Sections 98.21(A)(1) and (B) except that the lateral location may be varied and the time of installation of sidewalks may be extended by the Director of Public Service.

8.

Any new development of a building site for the uses permitted under subsection (A)(2) of this section shall include the payment of a fee into the Mud Run Drainage Basin Assistance Fund, as established by Ordinance 636-1975. This fee shall be paid at the rate of one thousand one hundred fifty-eight dollars per acre of land so developed and the fee shall be paid into such fund prior to the issuance of any building permit.

9.

The owners and developers of land fronting on Romig Road are placed on notice that the median strip on Romig Road is permanent and will not be cut or opened, except at the points located and fixed in the construction of Romig Road. Therefore, right turns in and out only will be available for any development on any property that is not located opposite the existing openings in the median. All new, expanded or modified development permitted under subsection (A)(2) of this section shall provide on-site provisions, including construction of a driveway, to permit vehicular access across the development to be used in common with their neighbors to the north and south to reach one of these fixed openings in the median. This access route and construction, as well as all driveway cuts, shall be approved by the Traffic Engineer. The provisions for the access route shall be a covenant running with the land in any conveyance.

10.

The development conditions provided herein are in addition to all other provisions of this chapter and in no way vary or waive those provisions, except as specifically stated. Penalty, see § 153.199.

(Prior code § 153.137; Ord. 107-1987; Ord. 595-1976)

A.

Permitted Uses in the UPD-l8 District.

1.

All uses listed in Section 153.240(A);

2.

All uses listed in Section 153.245(A)(3).

B.

Development Conditions.

1.

The uses permitted in subsection (A)(1) of this section shall be developed, modified, or expanded as if the area were zoned U1, H1, A1, except as herein provided. These uses shall be located on a duly dedicated street and shall have legal access to a dedicated street. Such street shall be dedicated at no cost to the City and meet all the provisions of the City allotment regulations.

2.

The uses permitted in subsection (A)(2) of this section shall be developed, modified, or expanded as if the area were zoned U2, H3, A2, except as herein provided.

a.

Side and rear yards on the east, west, and north sides of the UPD for parking or building, shall be fifteen feet.

b.

The developer shall be responsible for obtaining legal vehicular access for this use and such access shall be approved by the Traffic Engineer and the Department of Planning and Urban Development.

3.

All grading of this UPD shall be considered special grading areas, as defined in Section 193.106(A)(7) of the Building Code, and shall comply with all requirements of Chapter 193 pertaining to such areas.

4.

Pursuant to any development in this UPD, the issuance of any permit for the use of explosives shall be subject to the following provisions:

a.

All blasting shall take place between the hours of 9:00 a.m. and 2:30 p.m., Monday through Saturday. Special permission from the Fire Prevention Bureau Chief shall be required for blasting to take place at any other time.

b.

Two seismographs shall be set up and monitored at appropriate locations to be determined by the Fire Prevention Bureau Chief during all blasting operations.

c.

The intensity of all blasts shall not exceed the standard of one foot per second as measured by the above described seismographs.

d.

Geologic analysis shall be made by an appropriate authority in those areas affected in order to assure compliance with a maximum intensity blast of one foot per second. This analysis shall be provided before any blasting is permitted.

e.

The above requirements are in addition to the requirements of Section 190.428 of the Building Code.

5.

In the event that a sanitary sewage pump station and force main is required to serve any portion of this UPD, these facilities shall be designed and installed to accommodate the estimated contribution of UPD-18 and the U4, H1, A2 District Classification approved by Ordinance 897-1965. The design and installation shall be approved by the Sewer Engineer who shall prorate the coat of the installation among the contributing property owners, who shall be required to pay their pro rata share of the cost of the pump station and appurtenances.

6.

Any new development of a building site for the uses permitted under subsection (A)(2) of this section shall include the payment of a fee into the Mud Run Drainage Basin Assistance Fund, as established by Ordinance 636-1975. This fee shall be paid at the rate of one thousand one hundred fifty-eight dollars per acre of land so developed within the Mud Run Drainage Basin, and the fee shall be paid into such fund prior to the issuance of any building permit.

7.

The development conditions provided herein are in addition to all other provisions of this chapter and in no way waive or vary those provisions, except as specifically stated. Penalty, see § 153.199.

(Prior code § 153.138; Ord. 107-1987; Ord. 596-1976)

A.

Permitted Uses in the UPD-19 District.

1.

Single-family dwelling;

2.

Two-family dwelling.

B.

Development Conditions.

1.

All uses permitted in subsection (A)(1) of this section shall be developed, modified, or expanded as if the area were zoned U1, H1, Al, except as herein provided.

2.

All uses permitted in subsection (A)(2) of this section shall be developed, modified, or expanded as if the area were zoned U1, H1, A2, except as herein provided.

a.

Lot Eight shall be permitted a driveway from either Romig Road or Kendale Drive. All other lots shall be permitted vehicular access from Romig Road only, and no driveway or vehicular access shall be permitted between individual lots.

b.

All lots developed for family dwellings shall provide screening, either by landscaping or by a solid fence on the west portions of their property. This screening shall be approved by the Department of Planning and Urban Development.

3.

The development conditions provided herein are in addition to all other provisions of this chapter and in no way vary or waive those provisions, except as specifically stated. Penalty, see § 153.199.

(Prior code § 153.139; Ord. 107-1987; Ord. 596-1976)

A.

Permitted and prohibited uses in the UPD-21 uses are subdivided and permitted as follows:

1.

Nonprofit institutional complex operated on a nonprofit basis for the following uses:

a.

Recreation facility.

b.

Housing for the elderly.

c.

Religious, educational. and affiliated uses.

d.

Rest home, nursing home, or convalescent home.

B.

Development Conditions.

1.

All yard areas (front, side, and rear) for parking structures and active recreation shall be one hundred feet.

2.

Off-street parking shall conform to Section 153.310(D)(3)(a), (b), (c), (f), and (g).

3.

The number of parking spaces for each use shall be:

a.

Recreation facility including outdoor swimming pool, one space for each five person capacity, plus one space for each four seats.

b.

Housing for the elderly, one space for each three dwelling units.

c.

Included in subsection A of this section.

d.

Rest home, nursing home or convalescent home, one space for each two beds.

4.

Maximum number of units for housing shall be three hundred for the area described in Ord. 250-1979, Section 1.

5.

Maximum height for housing for the elderly shall be seven stories; for all other structures the maximum height shall be thirty-five feet.

6.

Landscaping and buffering shall conform to the minimum standards of the "Akron Development Guide". Penalty, see § 153.199.

(Prior code § 153.141; Ord. 107-1987; Ord. 250-1979)

A.

Permitted and prohibited uses in the UPD-22 uses subdivided as follows:

1.

All uses as permitted in Sections 153.285(A)(1) through (7).

2.

Prohibited uses: Within a Class UPD-22 District, no structure or premises shall be used, and no structure shall be erected to be used, for other than those included in Section 153.285(A).

3.

Accessory uses in the UPD-22 District shall be permitted if the accessory use is customarily incident to a Class UPD-22 use, except that a Class U1, U2, U3, U5, or U6 or a prohibited use shall not be permitted as an accessory use in a Class UPD-22 District.

B.

Development Conditions.

1.

a.

Development conditions as listed in Sections 153.310(A) through (H).

b.

Development requirements generally for business and industry uses.

2.

The height of any structure in a Class UPD-22 District shall not exceed thirty-five feet.

3.

The building lines in a Class UPD-22 District shall conform to Section 153.330(D). Penalty, see § 153.199.

(Prior code § 153.142; Ord. 107-1987; Ord. 337-1980; Ord. 996-1979; Ord. 504-1979; Ord. 503-1979)

A.

Definitions. For the UPD-23 Use District, the following definitions shall apply:

1.

"Garden-type apartment house." Any apartment house other than a townhouse which has three stories or less.

2.

"Townhouse apartment house." An apartment house in which the dwelling units are arranged in a row, being attached by not more than two side walls.

3.

"Townhouse dwelling units." One or more stories but in no case shall a dwelling unit be above or below another dwelling unit. An outside or end "townhouse dwelling unit" may be attached to only one other dwelling unit; an inside "townhouse dwelling unit" shall be attached by side walls only to two other dwelling units.

B.

Permitted or Prohibited Uses in the UPD-23 District. Uses are subdivided and permitted as follows:

1.

Single-family dwelling.

2.

Two-family dwelling.

3.

Townhouse apartment house.

4.

Garden-type apartment house.

5.

No other uses shall be permitted in the UPD-23 District.

6.

Accessory uses in the UPD-23 District shall be permitted and prohibited as provided in Sections 153.260 and 153.265.

C.

Development Conditions.

1.

Density Permitted:

a.

The maximum density of single-family dwellings shall be three dwelling units per acre.

b.

The maximum density of two-family dwellings shall be six dwelling units per acre.

c.

The maximum density of townhouse apartment houses shall be nine dwelling units per acre.

d.

The maximum density of garden-type apartment houses shall be fifteen dwelling units per acre.

2.

Maximum height of all buildings shall be thirty-five feet.

3.

Building lines shall be a minimum of seventy-five feet.

4.

All utility services shall be installed underground and their locations suitably marked for safety.

5.

Two-family residences and all apartment houses shall comply with the development standards of Sections 153.300 through 153.310. Penalty, see § 153.199.

(Prior code § 153.143; Ord. 107-1987; Ord. 228-1983; Ord. 468-1982; Ord. 193-1980; Ord. 511-1979; Ord. 509-1979; Ord. 508-1979)

A.

That the sewers be provided for the UPD area prior to any construction and that these sewers be subject to the approval of the Sewer Engineer and the Ohio EPA.

B.

That the west side of Scenic Way, adjacent to the petitioner's property, be dedicated should the Service Director determine it necessary.

C.

That the following uses be permitted within the UPD:

D.

That no outside storage of materials be permitted.

E.

That no residential or retail uses be permitted.

F.

That the development conditions be as listed in Sections 153.300 through 153.310 with the exception that no less than a ten-foot building line for parking be provided on Midway Avenue and that particular attention be given for the method of buffering for the residential properties to the north and south. Penalty, see § 153.199.

(Prior code § 153.144; Ord. 107-1987; Ord. 502-1979)

A.

Permitted and prohibited uses in the UPD-25 uses are subdivided and permitted as follows:

On the south side of Nash Street

1.

Single-family and two-family dwellings as listed in Section 153.240(A).

2.

Accessory off-street parking and access for businesses that front on East Exchange Street.

On the north side of East Exchange Street

1.

Single-family and two-family dwellings as listed in Section 153.240(A).

2.

All uses listed in Section 153.270(A).

3.

All uses listed in Section 153.280(A).

4.

Additional permitted uses are:

B.

Development Conditions.

1.

All development criteria comply with the article on Development and Area District Requirements at Sections 153.300 et seq., with the exception that there be no less than a ten foot building line on the south side of Nash Street. Penalty, see § 153.199.

(Prior code § 153.145; Ord. 107-1987; Ord. 464-1979)

A.

Definitions. For the UPD-26 Use District, the following definitions shall apply:

1.

"Garden-type apartment house." Any apartment house other than a townhouse which has three stories or less.

2.

"Townhouse apartment house." An apartment house in which the dwelling units are arranged in a row, being attached by not more than two side walls.

3.

"Townhouse dwelling units." One or more stories but in no case shall a dwelling unit be above or below another dwelling unit. An outside or end "townhouse dwelling unit" may be attached to only one other dwelling unit; an inside "townhouse dwelling unit" shall be attached by side walls only to two other dwelling units.

B.

Permitted or prohibited uses in the UPD-26 District are subdivided and permitted as follows:

1.

Single-family dwelling.

2.

Townhouse apartment house.

3.

Garden-type apartment house.

4.

Apartments (mid-rise) at 15 units per acre and up, with four stories or more.

5.

No other uses shall be permitted in the UPD-26 District.

6.

Accessory uses in the UPD-26 District shall be permitted and prohibited as provided in Sections 153.260 and 153.265.

C.

Development Conditions.

1.

Density Permitted.

a.

The maximum density of single-family dwellings shall be three dwelling units per acre.

b.

The maximum density of townhouse apartment houses shall be nine dwelling units per acre.

c.

The maximum density of garden-type apartment houses shall be fifteen dwelling units per acre.

d.

Development of the Residential UPD shall be as follows:

1.

If a combination of subsections (B)(1) and (2) of this section are used, then a minimum of fifty percent of the total dwelling units shall be single-family detached.

2.

If a combination of subsections (B)(1), (2), and (3) of this section are used, then a minimum of thirty-five percent of the total dwelling units shall be single-family.

3.

If a combination of subsections (B)(1), (2), (3), and (4) of this section are used, then a minimum of twenty-five percent of the total dwelling units shall be single-family.

2.

Maximum height of all buildings permitted in subsections (B)(l), (2), and (3) of this section shall be thirty-five feet.

3.

Building lines shall be a minimum of seventy-five feet.

4.

All utility services shall be installed underground and their locations suitably marked for safety.

5.

All apartment houses shall comply with the development standards of the article on Development and Area District Requirements at Sections 153.300 et seq.

6.

Local or neighborhood retail complexes to serve a UPD-26 District will be considered in subsection (C)(7) of this section.

7.

Site plan review will be required by the Department of Planning and Urban Development and the Planning Commission and approved by City Council. Penalty, see § 153.199.

(Prior code § 153.146; Ord. 107-1987; Ord. 691-1979; Ord. 505-1979)

A.

Permitted uses in a UPD-27 District are subdivided as follows:

1.

New and existing single-family dwellings.

2.

Existing legal and legally nonconforming two-family dwellings.

3.

Existing legal and legally nonconforming apartments.

4.

Uses established as a conditional use under the provisions of the article on Conditional Uses at Sections 153.460 et seq.

5.

Existing public and quasi-public uses.

B.

Development conditions and criteria:

1.

All residential uses permitted or established shall comply with Sections 150.07 and 153.305(C).

2.

The only new construction permitted shall be single-family dwellings.

3.

The minimum size building site for any new dwelling shall be seven thousand square feet with sixty feet of street frontage.

4.

The building lines for the UPD-27 District are as established on the Building Line Map.

5.

Uses permitted in Section 153.558(A)(2) need not comply with Sections 153.305(B) and 153.305(D), but shall comply with all other applicable sections of the code.

6.

Uses permitted in Section 153.558(A)(3) hereof need not comply with Section 153.305(D) but shall comply with all other applicable sections of the code.

7.

Conditional uses for two-family dwellings and apartments shall be required to comply with Section 153.305(E) of the code, as well as any other conditions required by Council.

C.

Restriction of uses in a UPD-27 District within a Class UPD-27 District: no structure or premises shall be used and no structure shall be erected to be used for other than a Class UPD-27 use.

D.

Amortization period:

1.

All legal and legal nonconforming uses, as determined by the Superintendent of Building Inspection and the Director of Health, shall comply with Sections 153.558(A), (B), and (C) within five years of the enactment of this section. If compliance is not accomplished within the five-year period, the use shall become illegal and will be required to convert to a legal use by reducing the number of dwelling units or by acquiring land to accomplish compliance.

2.

Illegal uses and conversions will not have a five-year amortization period, but will be required to comply with all existing codified ordinances or to petition for a conditional use to retain the use.

(Prior code § 153.147; Ord. 107-1987; Ord. 251-1980)

A.

Permitted and prohibited uses in the UPD-28 uses are subdivided as follows:

1.

Office, where no warehousing is done and where no merchandise is sold on or delivered from the premises.

2.

Prohibited Uses. Within a Class UPD-28 District, no structure or premises shall be used, and no structure shall be erected to be used, for other than those included in subsection (A)(1) of this section.

3.

Accessory uses in the UPD-28 District shall be permitted if the accessory use is customarily incident to a Class UPD-28 use, except that a Class U1, U2, U3, U4, U5, or U6 or a prohibited use shall not be permitted as an accessory use in a Class UPD-28 District.

B.

Development Conditions.

1.

Development conditions as listed in Section 153.310, Business and Industry Requirements.

2.

The height of any structure in a Class UPD-28 District shall not exceed thirty-five feet.

3.

The building line in a Class UPD-28 District shall conform to Section 153.330(D). Penalty, see § 153.199.

(Prior code § 153.148; Ord. 107-1987; Ord. 31-1980)

A.

Permitted and prohibited uses in the UPD-29 uses are subdivided as follows:

1.

Permitted Uses.

a.

All uses as permitted in Section 153.270(A).

b.

Definitions.

1.

"Garden-type apartment house." Any apartment house other than a townhouse which has three stories or less.

2.

"Mid-rise or high-rise apartment house." Any apartment house other than a townhouse which has four or more stories.

3.

"Townhouse apartment house." An apartment house in which the dwelling units are arranged in a row, being attached by not more that two side walls.

4.

"Townhouse dwelling units." One or more stories but in no case shall a dwelling unit be above or below another dwelling unit. An outside or end "townhouse dwelling unit" may be attached to only one other dwelling unit; an inside "townhouse dwelling unit" shall be attached by side walls only to two other dwelling units.

2.

Prohibited Uses.

a.

Within a Class UPD-29 no structure or premises shall be used and no structure shall be erected to be used for other than those included in subsections (A)(1)(a) and (b) of this section.

b.

Accessory uses in the UPD-29 District shall be permitted if the accessory use is customarily incident to a Class UPD-29 use.

B.

Development Conditions.

1.

The following development conditions shall apply to all uses permitted under subsection (A)(1)(a) (Limited Business) of this section:

a.

Said uses shall be permitted on the entire area as described in Ord. 336-1980, Section 1 and be subject to the criteria in Sections 153.310(A) through (H) (Business and Industry Requirements).

b.

The maximum height of any structure shall be thirty-five feet.

c.

The building lines for the uses permitted shall comply with Section 153.330(D).

d.

No vehicular access shall be permitted to or from Theiss Road.

2.

The following development conditions shall apply to all uses permitted under subsection (A)(1)(b) and (c) of this section:

a.

No apartment house shall be located within four hundred feet of the north line of Akron-Peninsula Road nor within fifty feet of the west line of Theiss Road.

b.

The maximum density for townhouse apartments shall be nine dwelling units per acre.

c.

The maximum density for garden-type apartments shall be fifteen dwelling units per acre.

d.

The maximum number of dwelling units to be located in a mid-rise building or buildings shall be two hundred forty.

The total number of dwelling units permitted in the land described in Ord. 36-1980, Section 1 shall be 440 dwelling units on 30.34 acres of land.

e.

All uses shall comply with the development conditions for apartment houses in the article on Development and Area District Requirements at Sections 153.300 et seq.

f.

The maximum height of any building shall be one hundred feet.

g.

No vehicular access shall be permitted to or from Theiss Road. Penalty, see § 153.199.

(Prior code § 153.149; Ord. 107-1987; Ord. 336-1980)

A.

Definitions. For the UPD-30 Use District, the following definitions shall apply:

1.

"Apartment house (mid-rise)." Any apartment house other than a townhouse which has from three to six stories.

2.

"Garden-type apartment house." Any apartment house other than a townhouse which has three stories or less.

3.

"Townhouse apartment house." An apartment house in which the dwelling units are arranged in a row being attached by not more than two side walls.

4.

"Townhouse dwelling units." May be one or more stories but in no case shall a dwelling unit be above or below another dwelling unit. An outside or end townhouse dwelling unit may be attached to only one other dwelling unit; an inside townhouse dwelling unit shall be attached by side walls only to two other dwelling units.

B.

Permitted or prohibited uses in the UPD-30 District are subdivided and permitted as follows:

1.

Single-family dwelling.

2.

Two-family dwelling.

3.

Townhouse apartment house.

4.

Garden-type apartment house.

5.

Apartments (mid-rise).

6.

The storage in bulk of limestone and aggregate, including sale and delivery from the premises.

7.

Office, where no warehousing is done and where no merchandise is sold on or delivered from the premises.

8.

No other uses shall be permitted in the UPD-30 District.

9.

Accessory uses. Accessory uses in the UPD-30 District shall be permitted and prohibited as provided in the article on Accessory Uses in Residence Districts at Sections 153.392 et seq.

C.

Development Conditions.

1.

Density Permitted.

a.

The maximum density of single-family dwellings shall be four dwelling units per acre.

b.

The maximum density of two-family dwellings shall be eight dwelling units per acre.

c.

The maximum density of townhouse apartment houses shall be nine dwelling units per acre.

d.

1.

The maximum density of garden-type apartment houses shall be fifteen dwelling units per acre.

2.

Apartments shall be permitted on parcels of land and with one hundred fifty feet or more of street frontage.

e.

The maximum density of mid-rise apartments may exceed sixteen dwelling units per acre.

f.

Mid-rise apartments shall be permitted only within five hundred feet of the Interstate 77.

g.

Use permitted in subsection (B)(7) of this section, shall comply with the development standards of the article on Development and Area District Requirements at Sections 153.285 et seq.

h.

This commercial use in subsection (B)(6) of this section, and the office use listed in subsection (B)(7) of this section shall only be permitted at the northwest corner of the UPD-30 on the land owned or formerly owned by Wyoga Realty Company, described in and recorded in Deed Volume 3409, Page 528 of the Summit County, Ohio, Record of Deeds.

(i)

Use permitted in subsection (B)(6) of this section, shall comply with the development standards of the article on Development and Area District Requirements at Sections 153.300 et seq.

2.

Maximum height of all buildings permitted in subsections (B)(1), (2), (3), (4), (6), and (7) of this section shall be thirty-five feet.

3.

All building lines shall be a minimum of seventy-five feet.

4.

All utility services shall be installed underground and their locations suitably marked for safety.

5.

All two-family residences and all apartment houses shall comply with the development standards of the article on Development and Area District Requirements at Sections 153.300 et seq. Penalty, see § 153.199.

(Prior code § 153.150; Ord. 107-1987; Ord. 513-1982)

A.

Definitions. For the UPD-31 Use District, the following definitions shall apply:

1.

"Garden-type apartment house." Any apartment house other than a townhouse which has three stories or less.

2.

"Townhouse apartment house." An apartment house in which the dwelling units are arranged in a row, being attached by not more than two side walls.

3.

"Townhouse dwelling units." One or more stories but in no case shall a dwelling unit be above or below another dwelling unit. An outside or end "townhouse dwelling unit" say be attached to only one other dwelling unit, an inside "townhouse dwelling unit" shall be attached by side walls only to two other dwelling units.

B.

Permitted or prohibited uses in the UPD-31 District uses are subdivided and permitted as follows:

1.

Single-family dwelling.

2.

Townhouse apartment house.

3.

Garden-type apartment.

4.

Apartments (mid-rise) at fifteen units per acre and up with four to eight stories.

5.

Apartments (high-rise) at fifteen units per acre and up with eight stories or more.

6.

No other uses shall be permitted in the UPD-31 District.

7.

Accessory uses in the UPD-31 District shall be permitted and prohibited as provided in the article on Accessory Uses in Residence Districts at Sections 153.260 et seq.

C.

Development Conditions.

1.

Density Permitted:

a.

The maximum density of single-family dwellings shall be three dwelling units per acre.

b.

The maximum density of townhouse apartment houses shall be nine dwelling units per acre.

c.

The maximum density of garden-type apartment houses shall be fifteen dwelling unit per acre.

d.

A total of one thousand nine hundred sixteen residential units will be permitted in UPD-31. Of that seventy-five percent of the total amount of the units must be single-family dwellings or subject to a condominium form of ownership.

e.

The remaining twenty-five percent of the units may be those listed in subsections (B)(2), (3), (4), and (5) of this section.

2.

Maximum height of all buildings permitted in subsections (B)(1), (2), and (3) of this section shall be thirty-five feet.

3.

Building lines shall be a minimum of seventy-five feet.

4.

All utility services shall be installed underground and their locations suitably marked for safety.

5.

All apartment houses shall comply with the development standards of the article on Development and Area District Requirements at Sections 153.300 et seq.

6.

Site plan review will be required by the Department of Planning and Urban Development and the City Planning Commission and approval by City Council.

7.

That any necessary easements for construction of the sanitary trunk sewer line as contemplated by the annexation agreement between the property owner and the City be granted by the property owner at no cost to the City prior to the construction of any dwelling units within UPD-31. Penalty, see § 153.199.

(Prior code § 153.151; Ord. 107-1987; Ord. 17-1980)

A.

Definitions. For the UPD-32 Use District, the following definitions shall apply.

1.

"Townhouse apartment house." An apartment house in which the dwelling units are arranged in a row being attached by not more than two side walls.

2.

"Townhouse dwelling units." One or more stories but in no case shall a dwelling unit be above or below another dwelling unit. An outside or end "townhouse dwelling unit" may be attached to only one other dwelling unit; an inside "townhouse dwelling unit" shall be attached by side walls only to two other dwelling units.

B.

Permitted or prohibited uses in the UPD-32 District are subdivided and permitted as follows:

1.

Single-family dwelling.

2.

Two-family dwelling.

3.

Townhouse apartment house.

4.

Uses other than those described above, which were in existence at the time of the annexation of the property such as mining excavation and processing of sand and gravel, filling, clean fill operation, accessory road use and construction, incidental use and storage and parking of necessary equipment and vehicles, and other uses in existence at the time of annexation, for which all required permits and inspections by the township, county, state, or federal governments have been attained, shall continue.

5.

No other uses shall be permitted in the UPD-32 District.

6.

Accessory uses in the UPD-32 District shall be permitted and prohibited as provided in the article on Accessory Uses in Residence Districts at Sections 153.265 et seq. However, equipment, parking and storage areas in existence at the time of the annexation for the uses listed in subsection (B)(4) of this section shall continue. Any further expansions of these nonconforming uses shall be considered conditional uses, subject to the review and approval of the City Planning Commission and City Council.

C.

Development Conditions.

1.

Density Permitted:

a.

The maximum density of single-family dwellings shall be three dwelling units per acre.

b.

The maximum density of two-family dwellings shall be six dwelling units per acre.

c.

The maximum density of townhouse apartment houses shall be eight dwelling units per acre.

2.

Maximum heights of all buildings listed in subsections (B)(1), (2), and (3) of this section shall be thirty-five feet.

3.

Building lines shall be a minimum of seventy-five feet.

4.

All utility services shall be installed underground and their locations suitably marked for safety.

5.

All apartment houses and two-family dwellings shall comply with the development standards of the article on Development and Area District Requirements at Sections 153.300 et seq.

6.

Site plan review will b required by the Department of Planning and Urban Development and the Planning Commission, with approval by City Council. Penalty, see § 153.199.

(Prior code § 153.152; Ord. 107-1987; Ord. 230-1983; Ord. 506-1982)

A.

Permitted and prohibited uses in UPD-33 Uses subdivided as follows:

1.

All uses as permitted in Section 153.290(A) are permitted in the UPD-33 District, with the exception of a dog pound.

2.

All uses permitted in Section 153.285(A) (Commercial Use) are permitted in the UPD-33 District, with the exceptions of:

a.

Garage repair shop, motor vehicle shop, and body and fender shop;

b.

Outdoor storage of construction material and equipment;

c.

Veterinary hospital or office, kennel, or any premises used for the business of raising, boarding, or breeding domesticated animals; and

d.

Section 153.285(A)(8).

3.

Prohibited uses. Within a Class UPD-33 District, no structure or premises shall be used, and no structure shall be erected to be used, for other than those included in Sections 153.285(A) and 153.290(A), with the exceptions noted herein. All retail uses, except a research laboratory, as outlined in Section 153.280 will be prohibited in the UPD-33 District.

4.

Accessory uses in the UPD-33 District shall be permitted if the accessory use is customarily incident to a Class UPD-33 Use, except that a Class Ul, U2, U3 or U6 or a prohibited use shall not be permitted as an accessory use in a Class UPD-33 District.

B.

Development Conditions.

1.

The Department of Planning and Urban Development shall review and approve all plans for new construction and additions for compliance with the "Akron Development Guide," the article on Development and Area District Requirements at Sections 153.300 et seq., and the article on On-Premises Exterior Signs at Sections 153.345 et seq.

2.

No vehicular access shall be permitted to or from Bath Road to serve retail, commercial, or industrial development, except that vehicular access onto Bath Road at the southwest terminus of Ascot Parkway Extension shall be allowed for employee right turn only egress and others in personal vehicles. Ingress and egress for emergency vehicles may be provided at this location.

3.

a.

To assure vehicular access to and from State Route 8 for the permitted retail, commercial, and industrial uses, prior to the commencement of any such development the following conditions shall apply:

1.

The city, its successors and assigns, shall permit vehicular ingress and egress and provide a one hundred foot wide corridor for such ingress and egress, across a parcel of land presently owned by the City and located within the boundaries of the property described in Ord. 299-1983, Section 1 establishing UPD-33. The one hundred foot wide corridor shall extend from the eastern boundary line of the parcel of land presently owned by the City to the northern two hundred feet of the western boundary of the city-owned parcel.

2.

The Sanginiti Company, its successors and assigns, shall permit vehicular ingress and egress and provide a one hundred foot wide corridor for such ingress and egress, across the northern four hundred feet of a seventy-five acre parcel of land presently owned by the Sanginiti Company and located within the boundaries of the property described in Ord. 229-1983, Section 1 establishing UPD-33. The one hundred foot wide corridor shall link with the corridor described in subsection (B)(3)(a)1 of this section and shall extend from the eastern boundary line of the seventy-five acre parcel of land presently owned by the Sanginiti Company to the western boundary of the Sanginiti Company-owned parcel.

3.

The G. Meyer Company, its successors and assigns, shall permit vehicular ingress and egress and provide a one hundred foot wide corridor for such ingress and egress across a parcel of land presently owned by the G. Meyer Company and located within the boundaries of the property described in Ord. 229-1983, Section 1 establishing UPD-33. The one hundred foot wide corridor shall link with the corridor described in subsection (B)(3)(a)2 of this section, and shall extend from the eastern boundary line of the parcel of land presently owned by the G. Meyer Company to the northern boundary of the G. Meyer Company-owned parcel.

b.

Upon submission of, but before a development plan for any one of the above parcels has been approved by the Department of Planning and Urban Development, the location of a driveway (if no subdivision of a parcel is involved) or a dedicated street (if a subdivision of a parcel is involved) which provides and assures vehicular egress and ingress to State Route 8 must be mutually agreed to by the authorized agent for all three existing property owners, or their successors or assigns. Such agreement shall be made in good faith, and refusal to agree shall not be made unreasonably.

4.

All commercial and industrial development shall conform to the development standards as established in the article on Development and Area District Requirements at Sections 153.300 et seq.

5.

All manufacturing, processing, crating, and uncrating service and repair operations shall be conducted within completely enclosed buildings.

6.

All outdoor storage areas shall be screened from view by solid walls or solid fences or landscaping at least six feet in height. Such fencing and screening material shall be reviewed and approved by the Department of Planning and Urban Development.

7.

Sewers must be provided for the UPD-33 area prior to any construction, and these sewers must be subject to the approval of the City Sewer Engineer and the Ohio EPA.

8.

The height of any structure in a Class UPD-33 District shall not exceed fifty feet.

9.

The minimum building line in a Class UPD-33 District shall conform to Section 153.330(D), but shall be a minimum of fifty feet.

10.

All sides of the buildings fronting on all public streets shall be faced with brick, stone, split rock, decorative block, or other similar approved facing material. Construction materials for exterior surfaces are subject to the approval of the planning staff.

11.

All utility lines (such as gas, electric, or telephone) shall be installed underground and suitably marked for safety.

12.

A buffer zone with a minimum width of one hundred feet shall be established and maintained between any residentially zoned property or the north line of the Bath Road right-of-way and any nonresidential structure constructed within a Class UPD-33 District. The one hundred foot strip of land shall be landscaped with trees, shrubbery, and lawn, and such landscaping shall require the prior approval of the Department of Planning and Urban Development. The one hundred foot strip shall not be used for any entrance, exit, driveway, parking area, or outdoor storage, except as provided for in subsection (B)(2) of this section.

13.

All signs in a Class UPD-33 District shall comply with the article on On-Premises Exterior Signs at Sections 153.345 et seq. with the additional provision that no freestanding sign over six feet in height will be permitted. The design, size of lettering, and lighting of all signs shall be submitted for review and approval by the Department of Planning and Urban Development.

14.

No outdoor advertising display of any nature shall be placed, erected, or located in the Class UPD-33 District. Penalty, see § 153.199.

(Prior code § 153.153; Ord. 107-1987; Ord. 229-1983)

(Ord. 167-2022)

A.

For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1.

"Townhouse apartment house." An apartment house in which the dwelling units are arranged in a row being attached by not more than two side walls.

2.

"Townhouse dwelling units." May be one or more stories but in no case shall a dwelling unit be above or below another dwelling unit. An outside or end townhouse dwelling unit may be attached to only one other dwelling unit. An inside townhouse dwelling unit shall be attached by side walls only to two other dwelling units.

B.

Permitted or prohibited uses in the UPD-34 District are subdivided and permitted as follows:

1.

Single-family dwelling.

2.

Two-family dwelling.

3.

Townhouse apartment house.

4.

Fifty percent of the units shall be single-family homes or condominiums.

5.

No other uses shall be permitted in the UPD-34 District.

6.

Accessory uses in the UPD-34 District shall be permitted and prohibited as provided in the article on Accessory Uses in Residence Districts at Sections 153.260 et seq.

C.

Development Conditions.

1.

Density Permitted:

a.

The maximum density of single-family dwellings shall be three dwelling units per acre.

b.

The maximum density of two-family dwellings shall be six dwelling units per acre.

c.

The maximum density of townhouse apartment houses shall be eight dwelling units per acre.

2.

Maximum heights of all buildings listed in subsection (B)(1), (2), and (3) of this section shall be thirty-five feet.

3.

Building lines shall be a minimum of fifty feet on Smith Road.

4.

All utility services shall be installed underground and their locations suitably marked for safety.

5.

All apartment houses and two-family dwellings shall comply with the development standards of the article on Development and Area District Requirements at Sections 153.300 et seq.

6.

Site plan review will be required by the Department of Planning and Urban Development and the Planning Commission, with approval by City Council. Penalty, see § 153.199.

(Prior code § 153.154; Ord. 107-1987; Ord. 722-1983)

A.

For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1.

"Townhouse apartment house." An apartment house in which the dwelling units are arranged in a row being attached by not more than two side walls.

2.

"Townhouse dwelling units." May be one or more stories but in no case shall a dwelling unit be above or below another dwelling unit. An outside or end townhouse dwelling unit may be attached to only one other dwelling unit. An inside Townhouse Dwelling Unit shall be attached by side walls only to two other dwelling units.

B.

Permitted or prohibited uses in the UPD-35 District are subdivided and permitted as follows.

1.

Residential uses.

a.

Single-family dwelling.

b.

Two-family dwelling.

c.

Townhouse apartment house.

d.

No other types of residential uses shall be permitted in the UPD-35 District.

e.

Accessory uses in the UPD District (Residential) shall be permitted and prohibited as provided in the article on Accessory Uses in Residence Districts at Sections 153.260 et seq.

2.

Business Uses:

a.

All uses permitted in Section 153.270(A) Limited Business.

b.

All uses permitted in Section 153.280(A) Retail Business.

c.

Accessory uses in the UPD-35 (Business) District shall be permitted if customarily incident to a Class UPD-35 office-business use except that a U3, A3, 4, 5, U4, U5, or U6 or a prohibited use shall not be permitted as an accessory use in a Class UPD-35 District.

d.

No other types of business uses shall be permitted in a Class UPD-35 District.

C.

Development Conditions For Residential Uses.

1.

Density Permitted:

a.

The maximum density of single-family dwellings shall be three dwelling units per acre.

b.

The maximum density of two-family dwellings shall be six dwelling units per acre.

c.

The maximum density of townhouse apartment houses shall be eight dwelling units per acre.

2.

Maximum heights of all residential buildings shall be thirty-five feet.

3.

Building lines for residential uses shall be a minimum of fifty feet on Smith Road and Ghent Road.

4.

All utility services shall be installed underground and their locations suitably marked for safety.

5.

All apartment houses and two-family dwellings shall comply with the development standards of the article on Development and Area District Requirements at Sections 153.300 et seq. except as required herein.

6.

Fifty percent of the units shall be single-family homes or condominiums.

7.

Site plan review will be required by the Department of Planning and Urban Development and the Planning Commission, with approval by City Council.

D.

Development Conditions for Business Uses:

1.

Development conditions as listed in Sections 153.310(A) through (H) Business and Industry Requirements except as required herein.

2.

The height of any business structure shall not exceed one hundred feet.

3.

Building lines on Smith or Ghent Road for business structures shall be as follows:

a.

Where no parking or vehicular ways of any type are located between the business structure and either street, the building line shall be seventy-five feet.

b.

Where parking and/or any vehicular ways are located between the business structure and either street, the distance between the building and the street line shall be one hundred feet.

c.

All parking and/or vehicular ways not at right angles to either street, shall be a minimum of forty feet from the street line.

4.

No more than one hundred thousand square feet of the total development shall be used for retail uses.

5.

No free-standing retail structure shall be permitted and no more than twenty-five percent of the gross floor area of any one building is to be used for retail purposes.

6.

The number and location of vehicular access points to the land shall be determined or approved by the Traffic Engineer and the Department of Planning and Urban Development prior to the construction of any building or subdivision of the land.

7.

A preliminary storm water management plan and an erosion and sediment control plan for the entire area described in subsection (D)(1) of this section, shall be submitted to the Bureau of Engineering and approved prior to the construction of any building or subdivision of the land. The natural slope on the east side of the acreage exceeding twenty percent shall not be disturbed unless in conformity with the said storm water management plan.

8.

On-premises signs for structures containing no retail uses shall comply with Section 153.360(B)(1). Structures containing retail business uses shall be permitted thirty-three percent more area of signage than permitted in Section 153.360(B)(1) and (2). All on-premises signs shall be located a minimum of twenty-five feet from Smith Road or Ghent Road.

9.

Site plan review will be required by the Department of Planning and Urban Development and the Planning Commission, with approval by City Council. Penalty, see § 153.199.

(Prior code § 153.155; Ord. 107-1987; Ord. 723-1983)

A.

Permitted and prohibited uses in UPD-36 are subdivided as follows:

1.

All uses permitted in Section 153.290(A) (Ordinary Industry Use District) except a dog pound.

2.

All uses permitted in Section 153.285(A) (Commercial Use District) except the following:

a.

Section 153.285(A)(6).

b.

Section 153.285(A)(8)—no Limited Business or Retail uses except the following shall be permitted: laboratory, research facility, data processor center, and commercial school or college.

3.

No other uses shall be permitted in the UPD-36 District.

4.

Accessory Uses. Accessory uses in UPD-36 shall be permitted if said use is customarily incident to a Class UPD-36 Use except that a Class U1, U2, or U6 or a Prohibited Use shall not be permitted as an accessory use in a Class UPD-36 District.

B.

Development Conditions.

1.

All new commercial and industrial construction and additions shall comply with the "Akron Development Guide" and Section 153.310.

2.

All outdoor storage areas shall be screened from view by a solid wall or fence or landscaping at least six feet in height. Such fencing and screening material shall be reviewed and approved by the Department of Planning and Urban Development.

3.

The height of any structure in a Class UPD-36 District shall not exceed fifty feet.

4.

All sides of the buildings fronting on public streets shall be faced with brick, stone, split rock, decorative block, or other similar approved facing material. Construction materials for exterior surfaces shall be subject to the approval of the Planning staff.

5.

All new public utility lines (gas, electric, telephone, and the like) shall be installed underground and their locations suitably marked for safety.

6.

All signs in the Class UPD-36 District shall comply with Sections 153.345 through 153.380.

7.

The grading and drainage of the off-street parking areas or any surface change incident to the approved development shall meet the requirements of Sections 193.101 through 193.114 and any other sections of the Code of Ordinances applicable to such changes.

8.

Building lines in a Class UPD-36 District shall conform to Section 153.330(D).

9.

Easements shall be given to the City or public utility companies where required and these easements shall be granted to the satisfaction of the necessary departments or utilities, and these easements shall be given at no cost to the city.

C.

The zoning map as established in Section 153.220, insofar as the same establishes the existing U5, H2, A2 District Classification within the territory described in Ordinance 190-1987 section 1, and to that extend only, is hereby repealed. Penalty, see § 153.199.

(Prior code § 153.156; Ord. 190-1987)

A.

For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1.

"Garden-type apartment house." Any apartment house other than a townhouse which has three stories or less.

2.

"Mid-rise apartment house." Any apartment house other than a townhouse which has more than three but fewer than seven stories.

3.

"Townhouse apartment house." An apartment house in which the dwelling units are arranged in a row, being attached by not more than two side walls.

4.

"Townhouse dwelling units." One or more stories but in no case shall a dwelling unit be above or below another dwelling unit. An outside or end "townhouse dwelling unit" may be attached to only one other dwelling unit; an inside "townhouse dwelling unit" shall be attached by side walls only to two other dwelling units.

B.

Permitted or prohibited uses in the UPD-37 District Uses are subdivided and permitted as follows:

1.

Single-family dwelling.

2.

Two-family dwelling.

3.

Garden-type apartments.

4.

Townhouse apartment house.

5.

Mid-rise apartment house.

6.

Party room, indoor pool, offices and related facilities for the UPD complex.

7.

No other uses shall be permitted in the UPD-37 District.

8.

Accessory uses in the UPD-37 District shall be permitted and prohibited as provided in Section 153.260 and Section 153.265.

C.

Development conditions.

1.

Density permitted.

a.

The maximum density of single-family dwellings shall be three dwelling units per acre.

b.

The maximum density of two-family dwellings shall be six dwelling units per acre.

c.

The maximum density of townhouse apartment houses shall be six dwelling units per acre.

d.

The maximum density of garden-type apartment houses shall be ten dwelling units per acre.

e.

The maximum density of mid-rise apartment houses shall be fourteen units per acre.

2.

The maximum height of all buildings permitted in subsections (B)(1), (2), (3), (4), and (6) of this section shall be thirty-five feet. The maximum height of all buildings permitted in subsection (B)(5) of this section shall be six feet.

3.

All building lines shall be a minimum of seventy-five feet.

4.

All utility services shall be installed underground and their locations suitably marked for safety.

5.

All two-family residences and all apartment houses shall comply with the development standards of the article in Development and Area District Requirements at Sections 153.300 et seq. At least one parking space per unit shall be within garage structures.

6.

The offices referred to in subsection (B)(6) of this section shall comply with the development standards of the article in Development and Area Requirements of Sections 153.310 et seq.

7.

Site plan review will be required by the Department of Planning and Urban Development and the Planning Commission, with approval by City Council.

8.

The location of vehicular access shall be established by the Traffic Engineer prior to the construction of any building.

(Prior code § 153.157; Ord. 89-1988)

A.

For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1.

"Garden-type apartment house." Any apartment house or condominium other than a townhouse which has two stories or less.

2.

"Townhouse apartment house." An apartment house or condominium in which the dwelling units are arranged in a row, being attached by not more than two side walls.

3.

"Townhouse dwelling units." One or two stories out in no case shall a dwelling unit be above or below another dwelling unit. An outside or end "townhouse dwelling unit" may be attached to only one other dwelling unit; an inside "townhouse dwelling unit" shall be attached by side walls only to two other dwelling units.

B.

Permitted uses in the UPD-38 District uses are subdivided and permitted as follows:

1.

Public or semi-public uses of a public library, public park, public recreation building, public school, or church.

2.

Single-family dwelling.

3.

Two-family dwelling.

4.

Townhouse apartment house or condominium.

5.

Garden-type apartment or condominium.

6.

Nursing home, assisted care and independent retirement facility.

7.

Accessory uses in the UPD-38 District shall be permitted and prohibited as provided in Sections 153.260 and 153.265, or if customarily incident to a nursing home use.

C.

Development Conditions.

1.

All uses permitted in subsections (B)(l) through (3) of this section shall be developed, modified, or expanded as if the area were zoned U1, H1, or A2 except as herein provided.

2.

All uses permitted in subsections (B)(4) and (5) of this section shall be developed, modified, or expanded as if the area were zoned U2, H4, or A3, except as herein provided. The following densities and heights shall be permitted:

a.

The maximum density of townhouse apartment houses or condominiums shall be eight dwelling units per acre. The maximum height shall be thirty-five feet.

b.

The maximum density of garden-type apartment houses or condominiums shall be ten dwelling units per acre. The maximum height shall be fifty feet.

3.

The building line shall be a minimum of fifty feet for public and semi-public uses, single-family and two-family development.

4.

The building line shall be a minimum of seventy-five feet for townhouse apartments or condominiums and garden-type apartments or condominiums.

5.

The building line shall be a minimum of one hundred feet for nursing homes and retirement facilities.

6.

A nursing home, or assisted care facility permitted by subsection (B)(6) of this section shall be developed according to the following:

a.

With fifty percent or more of the living or rooming units provided as independent apartment units, the density limits by building type within subsection (C)(2) of this section shall apply.

b.

With less than fifty percent of the living or rooming units provided as independent apartment units, a minimum of forty percent of the site must be maintained as open space.

c.

No less than 1.5 parking spaces per dwelling unit or rooming unit shall be provided.

7.

Off-street parking shall be provided at the rear or side of any building and shall be screened from the street. Screening shall be dense landscaping, a brick wall or earth mounding at least four feet in height. The maximum slope of mounding shall be 1:3, height to width.

8.

No vehicular access shall be permitted from Benton Street or Rea Avenue.

9.

Garden-type apartments or condominiums shall be separated from residentially zoned property on Benton Street or Rea Avenue by at least fifty feet.

10.

The construction material of the exterior walls of the structures shall be mostly brick.

11.

Entrances to individual dwelling units permitted in subsections (B)(5), (B)(6), and (B)(7) of this section, shall be located in the interior of the structure.

12.

The location and size or points of ingress and egress shall be subject to the approval of the Traffic Engineer.

13.

Curbing, sidewalks, abandoned driveway cuts, and approaches along East Market Street and Canton Road be installed, restored, or repaired by the developer, and comply with Section 98.21 of the Code of Ordinances.

14.

Facilities to alleviate adverse effects on the neighbors shall be provided, such as, but not limited to, fencing, walls, and/or gates.

15.

Projections above the roof line of the structures, excepting parapets or chimneys, shall be adequately screened to the satisfaction of the Department of Planning and Urban Development.

16.

Any projections from the exterior elevations for air-conditioning units shall be limited to the side or rear elevations.

17.

All public utility services shall be installed underground and their locations suitably marked for safety.

18.

The number, size, and location of all exterior signs shall be subject to the approval of the Department of Planning and Urban Development, and these signs shall conform to Sections 153.345 through 153.380 of the Zoning Code.

19.

Any installation or modification of traffic lights (signalization) as required by the Traffic Engineer, shall be installed at the developer's expense.

20.

Site plan review approval will be required by the Department of Planning and Urban Development and the Planning Commission with approval by City Council.

(Prior code § 153.158; Ord. 451-1996; Ord. 814-1993; Ord. 532-1988)

A.

The permitted uses for UPD-39 District are limited to the following:

1.

Uses described in Section 153.285, Commercial Districts, Class U4, excluding therefrom the uses permitted under Section 153.285(A)(8);

2.

Uses described in Section 153.290, Ordinary Industry Districts, Class U5;

3.

An "office," as it is understood to mean in Section 153.280(A)(1);

4.

A "restaurant," as it is understood to mean in Section 153.280(A)(2); and

5.

A "hotel" and "motel," as they are understood to mean in Section 153.280(B)(3).

B.

The permitted uses for UPD-39 District are also limited by the following development conditions:

1.

Any and all construction within UPD-39 District which takes place, following the passage of this section, shall conform to the Business and Industry Requirements contained in Section 153.310 of the Zoning Code;

2.

If a hotel, motel, or restaurant is constructed within UPD-39 District, it shall be constructed within the westernmost three hundred twenty feet of the District;

3.

a.

The construction of a hotel, motel, or restaurant shall not be the first construction to take place within the District. The construction permitted under Section 153.285 (excluding Section 153.285(A)(8)), Section 153.290, and of an office (under Section 153.280(A)(1)) shall take place prior to or concurrent with the construction of any hotel, motel (under Section 153.280(B)(3)) or restaurant (under Section 153.280(B)(2)).

b.

Prior to the construction of a hotel, motel, or restaurant, evidence of imminent construction and development for the remainder of the District, if it is not already developed, shall be presented to the Department of Planning and Urban Development. For the purpose of this subsection, evidence of imminent construction may be presented to the Planning Department, but any judgment as to the sufficiency of such evidence shall be within the discretion of said Department; and

4.

Prior to the issuance of building permits, all necessary and proper plans shall be received, reviewed and be subject to the approval of the Department of Planning and Urban Development.

(Prior code § 153.159; Ord. 993-1988)

A.

Permitted uses in the UPD-40 District (AKA West Hill Village) are subdivided and permitted as follows:

1.

UPD-40A. Within the area of the UPD-40A District on the north and west side of South Maple Street, the following uses are permitted:

a.

Single-family dwellings;

b.

Existing legal and legally nonconforming two-family dwellings;

c.

Existing legal and legally nonconforming apartments;

d.

Offices such as law offices, real estate, architecture and where no warehousing is done and where no merchandise is sold on or delivered from the premises; day care center; nursery school;

e.

Retail stores, shops or neighborhood services including: art or photography studio, apparel shops and trade shops for custom work (nonautomotive or industrial) such as shoe repair and watch, clock and jewelry repair, flower shop, hair care boutique, travel agency, book store, tobacco shop, child day care center, barber shop, beauty salon, tanning salon. Carryout sales of beer, wine and any other alcoholic beverage is prohibited unless made on premises. Trade or shop for custom work or for a service customarily performed for the residents of a locality, including barbering and cosmetology and including the making of articles to be sold on the premises to the ultimate consumer, provided that not more than five skilled workers are engaged on the premises; catering, provided that not over three panel trucks are used; and

f.

Food and other establishments: restaurant, cafe, bed and breakfast inn, bakery, confectionery, pastry shop, health food store, vineyard, and winery. Alcohol may be sold and consumed only in conjunction with a meal.

2.

UPD-40B. Within the area of the UPD-40B District on the south and east sides of South Maple Street, the following uses are permitted:

a.

All residential uses;

b.

All uses listed in Section 153.578(A)(1)(d) through (f).

c.

Objectives. The goals of the West Hill CDC Housing Committee are as follows:

1.

To maintain residential housing as the predominant use, but to encourage the introduction of mixed use residential/retail uses which will blend harmoniously.

2.

To encourage economic investment and development through small retail and office establishments.

3.

To maintain residential characteristics and provide an aesthetically desirable area.

4.

Through architectural controls, retain present historic structures.

d.

West Hill CDC Housing Committee.

1.

The West Hill CDC Housing Committee shall be comprised of five members who either reside in the district, or within one-quarter mile of the district, or own property or a business in the district.

e.

Development Conditions.

1.

All residential uses permitted within this UPD-40A by Section 153.578(A)(1)(a) through (f) shall be developed, modified, or expanded as if the area were zoned U1, H1, A1.

2.

For any residential use all changes or modifications to the exterior of a building should meet with the historical nature of the neighborhood. However, the final decision on said changes shall rest with the homeowner.

3.

Any construction of building additions, any alteration of a nonresidential structure, or the demolition of any building shall be reviewed by the West Hill CDC Housing Committee within forty-five days of submission of complete plans to the City, then reviewed by the Urban Design and Historic Preservation Commission shall be required. The Building Department shall not issue a building or demolition permit for a non-single-family use within the UPD-40 until such approval has been certified by the Urban Design and Historic Preservation Commission.

4.

All building and site plans for the establishment or expansion of a use as permitted by Section 153.578(A)(1)(c) through (f) must be reviewed by the West Hill CDC Housing Committee and the Urban Design and Historic Preservation Commission and receive the approval of the Urban Design and Historic Preservation Commission prior to the issuance of a building permit. The Urban Design and Historic Preservation Commission has the authority to review and approve building line setbacks and location and amount of off-street parking areas to ensure they are in conformance with neighboring structures.

5.

For any use listed in Section 153.578(A)(1)(c) through (f), the amount of required parking will be subject to review by the Urban Design and Historic Preservation Commission.

6.

Any adverse effects to the neighbors shall be alleviated by landscaping and screening of off-street parking, fencing, walls and/or gates.

7.

New single-family and two-family residential structures shall comply with Section 153.320 of the building line map.

f.

Signage. All signage shall comply with Section 153.345 et seq. of the Code of Ordinances with the following exceptions:

1.

Sign area shall not exceed a maximum size of twelve square feet.

2.

Exterior lighting and sign illumination are permitted. Internally lit plastic signs are prohibited.

3.

Freestanding signs shall be limited to a maximum height of five feet.

4.

Pole signs are prohibited.

(Prior code § 153.160; Ord. 10-1991; Ord. 118-2018)

A.

The permitted uses for UPD-42 District are limited to the following:

1.

All uses described in Section 153.285, Commercial Use District, Class U4.

2.

All uses described in Section 153.290, Ordinary Industry Use District, Class U5.

B.

The prohibited uses for UPD-42 are as follows:

1.

All retail uses.

2.

All heavy industry uses.

C.

Accessory uses in the UPD-42 District shall be permitted if the accessory use is customarily incident to a UPD-42 use, except that a Class U1, U2, U3 or U6 or a prohibited use shall not be permitted as an accessory use in a Class UPD-42 District.

D.

Development Conditions.

1.

That all parking shall be in proportion to the commercial/industrial development that occurs on the site as described in Section 153.310 (Business and Industry Requirements). No parking shall be permitted on this site for development of buildings which occur off this site.

2.

All development shall conform to the development and area district requirements as outlined in Section 153.310 of the Akron Zoning Code, unless otherwise restricted by provisions of UPD-42.

3.

The building line shall conform to Section 153.330(D) (building lines) of the Akron Zoning Code.

4.

A stormwater management plan and grading plan must be submitted for approval by the Bureau of Engineering prior to any construction.

5.

All utilities shall be installed underground and suitably marked for safety.

6.

The height of any structure in UPD-42 shall not exceed fifty feet.

7.

All signs in a Class UPD-42 District shall conform to Sections 153.345 through 153.380 of the Zoning Code and be subject to the approval of the Department of Planning and Urban Development.

8.

No outdoor advertising display of any nature shall be placed, erected or located in the Class UPD-42 District.

(Prior code § 153.162; Ord. 277-1991)

A.

Permitted uses in the UPD-43 District.

1.

Office;

2.

Retail store;

3.

Financial institution;

4.

Studio;

5.

Telephone exchange;

6.

Restaurant;

7.

Shop for custom work;

8.

No other uses shall be permitted in the UPD-43 District.

B.

Prohibited uses in the UPD-43 District.

1.

Sale of alcoholic beverages to be consumed on or off the site.

C.

Development conditions.

1.

The building line on all street frontages shall be twenty-five feet.

2.

All uses permitted in subsection (A)(1) of this section shall be developed, modified or expanded as if the area is zoned U3, H1, A2.

3.

That the number, size and location of all exterior signs shall conform to Sections 153.345 through 153.380 of the Zoning Code. That the freestanding signage shall be limited to a ground sign.

4.

That the site shall be limited to one structure.

5.

That the construction material of the exterior walls shall be of brick or split face block and subject to the approval of the Department of Planning and Urban Development.

6.

That the location and sizes of points of ingress and egress shall be subject to the Traffic Engineer. Vehicular access to Orlando Avenue shall be prohibited. That the driveway cut on the east side of South Hawkins Avenue shall be located no less than one hundred eighty feet from Copley Road.

7.

That no off-street parking shall occur within twenty feet of the street line of Orlando Avenue.

8.

That a landscape planting and fencing plan which conforms to the "Akron Development Guide" as referred to in Sections 153.300 through 153.310 of the Zoning Code be submitted to the Department of Planning and Urban Development for its review of compliance with said guide; and that the landscaping and fencing be installed and maintained as shown on the approved plan. That the landscape planting area on South Hawkins Avenue and Copley Road shall be ten feet wide; the landscape area on Orlando Avenue shall be twenty feet wide; the landscape area on the south property line shall have a depth of ten feet and include the installation of a fence.

9.

That all driveways and parking areas be hardsurfaced and paved to Engineering specifications in accordance with paving specifications as described in Zoning Code, Appendix A.

10.

That to insure development as shown on the approved plans, a performance bond shall be placed with the Department of Planning and Urban Development at one hundred percent of the estimated cost of the landscaping and hardsurfacing.

11.

That the site, building elevations, parking and landscaping plan shall be subject to review by the Department of Planning and Urban Development and City Planning Commission and approval by City Council.

(Prior code § 153.163; Ord. 110-1994)

A.

Permitted and Prohibited Uses.

1.

Office, where no warehousing is done and where no merchandise is sold or delivered to the premises.

2.

No other uses shall be permitted in the UPD-44 District.

3.

Within a Class UPD-44, no structure or premises shall be used, and no structure shall be erected to be used for other than those included in subsection (A)(1) of this section.

4.

Accessory uses in the UPD-44 District shall be permitted if the accessory use is customarily incident to a Class UPD-44 use.

B.

Development Conditions.

1.

Development conditions as listed business and industry requirements in Section 153.310.

2.

The maximum height of any building shall not exceed seventy-five feet.

3.

All utility services shall be installed underground and their locations suitably marked for safety.

4.

Only emergency access shall be permitted to Frank Boulevard.

5.

The construction material of the exterior walls of the structure(s) shall be of brick.

6.

That all signage shall conform to Section 153.360(B).

(Prior code § 153.164; Ord. 475-1997)

A.

Permitted Uses in the UPD-45 District.

1.

All uses permitted in Section 153.285(A)(1) through (7), Commercial, except a kennel;

2.

All uses permitted in Sections 153.280(A)(1) and (2) and (B)(2) through (6).

B.

Prohibited Uses in the UPD-45 District.

1.

No other uses shall be permitted in the UPD-45 District.

C.

Accessory uses in the UPD-45 shall be permitted if the accessory use is customarily incident to a Class UPD-45 use, except that a Class U1, U2, U3, U5 or U6 or a prohibited use shall not be permitted as an accessory use in a Class UPD-45 District.

D.

Development Conditions.

1.

All uses shall conform to the development standards as established in the subchapter on Development and Area District Requirements at Section 153.310, and the article on On-Premises Exterior Signs at Section 153.345 et seq. of the Akron Zoning Code except when other standards are noted herein.

2.

All uses shall not be offensive by reason of emission of noxious fumes, smoke, dust, or noise.

3.

All manufacturing, processing, crating, and uncrating service and repair operations shall be conducted within completely enclosed buildings.

4.

There shall be no outside storage or display of material, supplies, equipment, and/or product.

5.

The height of any structure shall adhere to the H4 Height District Classification (one hundred five feet).

6.

All sides of new buildings facing public streets shall be clad with brick, stone, split face block, or other similar facing material approved by the Department of Planning and Urban Development. All remaining sides shall be faced with brick, stone, split face block, or similar approved facing material to a minimum height of eight feet above ground.

7.

Notwithstanding the provisions of Sections 153.390 et seq., Article 10, "Nonconformities," when any property/building or portion of property/building in the UPD-45 area is transformed from a retail use (high intensity parking use) to a UPD-45 use (low intensity parking use), a proportional share of the parking area shall be removed and replaced with landscaping. This proportion will be based upon the difference between the amount of parking required in Section 153.310 of the Zoning Code for the size and type of UPD-45 use to be established and the amount of parking required in Section 153.310 of the Zoning Code for the size and type of retail use to be eliminated. The purpose of the landscaping is to aesthetically enhance the vast parking areas while decreasing demand upon the City's storm water system. Prior to the issuance of any permit related to a use enumerated in subsection A of this section, a detailed landscape-planting plan shall be submitted for review and approval by the Department of Planning and Urban Development, and a Performance Bond shall be placed with the Department of Planning and Urban Development at one hundred percent of the estimated cost of the landscaping.

8.

There shall be a one hundred feet building line on the south side of Rockcliff Drive, extending from the corporation line east to Marietta Avenue.

(Ord. 466-2006)

(Ord. 35-2021)

A.

Permitted Uses in the UPD-46 District.

1.

All uses permitted in Section 153.285(A)(1) through (10) of this chapter, except a kennel.

2.

All uses permitted in Section 153.270(A)(1) and (2) of this chapter.

B.

Prohibited Uses in the UPD-46 District.

1.

No other uses shall be permitted in UPD-46.

C.

Accessory uses in the UPD-46 shall be permitted if the accessory use is customarily incident to a Class UPD-46 use, except that a Class U1, U2, U5 or U6 or a prohibited use shall not be permitted as an accessory use in a Class UPD-46 District.

D.

Development Conditions.

1.

All uses shall conform to the development standards as established in the subchapter on Development and Area District Requirements at Section 153.310, and the article on On-Premises Exterior Signs at Section 153.345 et seq. of the Akron Zoning Code except when other standards are noted herein.

2.

All uses shall not be offensive by reason of emission of noxious fumes, smoke, dust, or noise.

3.

All manufacturing, processing, crating, and uncrating service and repair operations shall be conducted within completely enclosed buildings.

4.

There shall be no outside storage or display of material, supplies, equipment, and/or product.

5.

The height of any structure shall adhere to the H4 Height District Classification (one hundred five feet).

6.

All sides of new buildings facing public streets shall be clad with brick, stone, split face block, or other similar approved facing material. All remaining sides shall be faced with brick, stone, split face block, or similar approved facing material to a minimum height of eight feet above ground. Construction materials for exterior surfaces are subject to the approval of the Department of Planning and Urban Development.

7.

Notwithstanding the provisions of Sections 153.390 et seq., Article 10, "Nonconformities," when any property/building or portion of property/building in the UPD-46 area is converted from a retail use (high intensity parking use) to a UPD-46 (low intensity parking use), a proportional share of the parking area shall be removed and replaced with landscaping. This proportion will be based upon the difference between the amount of parking required in Section 153.310 of the Zoning Code for the size and type of UPD-46 use to be established and the amount of parking required in Section 153.310 of the Zoning Code for the size and type of retail use to be eliminated. The purpose of the landscaping is to aesthetically enhance the vast parking areas while decreasing demand upon the City's storm water system. Prior to the issuance of any permit related to a use enumerated in Section 153.587(A) of this chapter, a detailed landscape-planting plan shall be submitted for review and approval by the Department of Planning and Urban Development, and a Performance Bond shall be placed with the Department of Planning and Urban Development at one hundred percent of the estimated cost of the landscaping.

(Ord. 488-2006)

(Ord. 35-2021)

A.

Permitted Uses in the UPD-47 District:

1.

All uses listed in Section 153.240(A)(1), (2) and (3), Dwelling Districts, Class U1.

2.

All uses listed in Section 153.245(A)(1) and (3), Apartment House District, Class U2.

B.

Prohibited Uses in the UPD-47 District:

1.

No other uses other than those uses listed in subsection A of this section shall be permitted in the UPD-47 District.

C.

Accessory uses in the UPD-47 District shall conform to Article 6 of the City of Akron Zoning Code, Accessory Uses in a Residence Use District, Sections 153.260 et seq.

D.

Height District: The height district for UPD-47 shall be an H2 District. The maximum height of a primary structure in the UPD-47 District shall be fifty feet.

E.

Development Requirements: Area regulations, yards, parking, and other development requirements in the UPD-47 District shall be as provided in the Spicertown Urban Renewal Plan and in Article 6 of the City of Akron Zoning Code, Development and Area Requirements, Sections 153.300 et seq. When the provisions of this Zoning Code conflict with provisions of the Spicertown Urban Renewal Plan, the provisions of the Spicertown Urban Renewal Plan shall apply. Development standards and regulations more specific to the UPD-47 District are as follows:

1.

Density Permitted:

a.

The maximum density of single-family dwellings shall be three dwelling units per acre.

b.

The maximum density of two-family dwellings shall be six dwelling units per acre.

c.

The maximum density of townhouse apartment houses shall be nine dwelling units per acre.

d.

The maximum density of garden-type apartment houses shall be fifteen dwelling units per acre.

2.

Building Setback:

a.

Ten feet from public streets; eight feet from public pedestrian and utility right-of-ways.

b.

All other setbacks shall conform to Sections 153.320—153.330 of the City of Akron Zoning Code.

3.

Parking Facilities:

a.

Off-street parking for two vehicles shall be provided at the first level of each townhouse unit.

b.

The design, layout and access to off-street parking shall be reviewed and approved by the Department of Planning and Urban Development.

c.

All walkways, driveways, parking areas and service areas shall be hard surfaced and curbed to engineering specifications in accordance with paving specifications as described in the City of Akron Zoning Code, Appendix A.

4.

Outdoor Advertising Displays: No outdoor advertising display of any nature shall be placed, erected or located in the Spicertown Urban Renewal Area.

5.

On-Premises Exterior Signs: The following guidelines apply to all exterior signage in the Spicertown Urban Renewal Area:

a.

Signage shall be a permanent part of the overall building or landscape design; pole signs are prohibited.

b.

All signage materials shall be compatible with building materials and colors.

c.

Any new signs or replacement of existing signs shall be reviewed by the Urban Design and Historic Preservation Commission.

6.

Utilities: All new construction of private and public utilities shall be placed underground.

7.

Building Design: Construction of any new buildings within the Spicertown Urban Renewal Area shall be reviewed by the Urban Design and Historic Preservation Commission and receive the approval of the Akron City Planning Commission.

8.

Building Materials: Residential structures shall include masonry materials, including all masonry at the ground level. All materials shall be subject to approval by the Department of Planning and Urban Development.

9.

Positioning of Primary Buildings: Building service areas shall not be visible from public streets.

10.

On-Site Trash Storage: Exterior on-site refuse receptacles and dumpsters shall be screened by a solid wall enclosure(s) and such enclosure(s) shall be constructed of masonry matching the primary building and its location shall be subject to the approval of the Department of Planning and Urban Development.

11.

Access: The Traffic Engineer shall approve vehicular ingress and egress to buildings and parking areas. To the maximum extent feasible common vehicular ingress and egress points should be provided for residential development.

12.

Exterior Lighting: All public exterior areas shall have lighting adequate for the intended use, but shall be of such a nature, and shall be sited and installed so as not to impair in any way the safe movement of traffic on any street or highway or so as not to intrude on the surrounding properties.

13.

Storm Water Management: The developer shall submit a storm water management plan to control the run-off, siltation and sedimentation during construction and to control the run-off after the development is completed. The plan is to be consistent with all the requirements of Sections 192.101—192.114 of the City of Akron Code of Ordinances and is to be subject to the approval of the Bureau of Engineering and submitted prior to the issuance of any building permits.

F.

Nonconforming structures and uses are subject to Sections 153.390 et seq. of the City of Akron Zoning Code.

(Ord. 417-2007)

A.

Permitted uses in the UPD-48 District:

1.

All uses listed in Sections 153.280.A.1. and 2, B.2, 3, 4 and 5, Retail Business District, Class U3, except discount store.

2.

All uses listed in Section 153.285, Commercial Use District, Class U4, except the following: garage repair shop, motor vehicle repair shop, new or used motor vehicle sales, body and fender repair shop, tire retreading shop, and tire sales.

3.

All uses listed in Section 153.290, Class U5, A.1 through 13.

B.

Prohibited uses in the UPD-48 District:

1.

No other uses shall be permitted in the UPD-48 District.

C.

Accessory uses in the UPD-48 shall be permitted if accessory use is customarily incident to a Class UPD-48 use. The ordinary maintenance or repair of fleet vehicles or equipment used or stored on premises is allowed, so long as such activity is performed indoors or within a screened area not visible from the street.

D.

Development Conditions. Area regulations, yards, parking, and other development requirements in the UPD-48 District shall be as provided in the article on development and area district requirements at Section 153.300 et seq. of the Code of Ordinances. Non-conforming structures and uses are subject to Article 10 of the Zoning Code.

E.

All plans for new construction, including building materials, will be subject to approval by the department of planning and urban development.

(Ord. 351-2013; Ord. 180-2020; Ord. 40-2021)

Editor's note— Ord. No. 40-2021, § 2, renumbered the former § 153.589.A as 153.5891.

A.

Permitted uses in the UPD-49 District.

1.

All uses permitted in Section 153.285.A.1. through 9 of this chapter, except: new or used motor vehicle sales; body and fender repair shop; used tire sales; trash hauling business; kennel.

2.

All uses permitted in Section 153.280.A.1. through 3 and B.1. through 6.

B.

Prohibited uses in the UPD-49 District.

1.

No other uses shall be permitted in UPD-49.

C.

Accessory uses in the UPD-49 shall be permitted if the accessory use is customarily incident to a Class UPD-49 use, except that a Class U5 or U6 or a prohibited use shall not be permitted as an accessory use in a Class UPD-49 District.

D.

Development conditions.

1.

All uses shall conform to the development standards as established in the subchapter on development and area district requirements at Sections 153.300 and 153.310, and the article on on-premises exterior signs at Section 153.345 et seq. of the Akron Zoning Code except when other standards are noted herein.

2.

All uses shall not be offensive by reason of emission of noxious fumes, smoke, dust, or noise.

3.

All manufacturing, processing, crating, and uncrating service and repair operations shall be conducted within completely enclosed buildings.

4.

The height of any structure shall adhere to the H4 Height District classification (one hundred five feet).

5.

All sides of new buildings facing public streets shall be clad with brick, stone, split face block, or other similar approved facing material. All remaining sides shall be faced with brick, stone, split face block, or similar approved facing material to a minimum height of eight feet above ground. Construction materials for exterior surfaces are subject to the approval of the department of planning and urban development.

(Ord. 40-2021)