§ 153.574. Subdivision of UPD uses in the UPD-38 district

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)