§ 153.576. Subdivision of UPD uses in UPD-39 district.

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)