§ 153.534. Class UPD-13 district.

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)