§ 153.569. Class UPD-35 district.

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)