§ 153.566. Class UPD-33 district.

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.

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, nor outdoor storage.

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)