§ 153.578. Subdivision of UPD uses in the UPD-40 district.

A.

Permitted uses in the UPD-40 District (AKA West Hill Village) are subdivided and permitted as follows:

1.

UPD-40A. Within the area of the UPD-40A District on the north and west side of South Maple Street, the following uses are permitted:

a.

Single-family dwellings;

b.

Existing legal and legally nonconforming two-family dwellings;

c.

Existing legal and legally nonconforming apartments;

d.

Offices such as law offices, real estate, architecture and where no warehousing is done and where no merchandise is sold on or delivered from the premises; day care center; nursery school;

e.

Retail stores, shops or neighborhood services including: art or photography studio, apparel shops and trade shops for custom work (nonautomotive or industrial) such as shoe repair and watch, clock and jewelry repair, flower shop, hair care boutique, travel agency, book store, tobacco shop, child day care center, barber shop, beauty salon, tanning salon. Carryout sales of beer, wine and any other alcoholic beverage is prohibited unless made on premises. Trade or shop for custom work or for a service customarily performed for the residents of a locality, including barbering and cosmetology and including the making of articles to be sold on the premises to the ultimate consumer, provided that not more than five skilled workers are engaged on the premises; catering, provided that not over three panel trucks are used; and

f.

Food and other establishments: restaurant, cafe, bed and breakfast inn, bakery, confectionery, pastry shop, health food store, vineyard, and winery. Alcohol may be sold and consumed only in conjunction with a meal.

2.

UPD-40B. Within the area of the UPD-40B District on the south and east sides of South Maple Street, the following uses are permitted:

a.

All residential uses;

b.

All uses listed in Section 153.578(A)(1)(d) through (f).

c.

Objectives. The goals of the West Hill CDC Housing Committee are as follows:

1.

To maintain residential housing as the predominant use, but to encourage the introduction of mixed use residential/retail uses which will blend harmoniously.

2.

To encourage economic investment and development through small retail and office establishments.

3.

To maintain residential characteristics and provide an aesthetically desirable area.

4.

Through architectural controls, retain present historic structures.

d.

West Hill CDC Housing Committee.

1.

The West Hill CDC Housing Committee shall be comprised of five members who either reside in the district, or within one-quarter mile of the district, or own property or a business in the district.

e.

Development Conditions.

1.

All residential uses permitted within this UPD-40A by Section 153.578(A)(1)(a) through (f) shall be developed, modified, or expanded as if the area were zoned U1, H1, A1.

2.

For any residential use all changes or modifications to the exterior of a building should meet with the historical nature of the neighborhood. However, the final decision on said changes shall rest with the homeowner.

3.

Any construction of building additions, any alteration of a nonresidential structure, or the demolition of any building shall be reviewed by the West Hill CDC Housing Committee within forty-five days of submission of complete plans to the City, then reviewed by the Urban Design and Historic Preservation Commission shall be required. The Building Department shall not issue a building or demolition permit for a non-single-family use within the UPD-40 until such approval has been certified by the Urban Design and Historic Preservation Commission.

4.

All building and site plans for the establishment or expansion of a use as permitted by Section 153.578(A)(1)(c) through (f) must be reviewed by the West Hill CDC Housing Committee and the Urban Design and Historic Preservation Commission and receive the approval of the Urban Design and Historic Preservation Commission prior to the issuance of a building permit. The Urban Design and Historic Preservation Commission has the authority to review and approve building line setbacks and location and amount of off-street parking areas to ensure they are in conformance with neighboring structures.

5.

For any use listed in Section 153.578(A)(1)(c) through (f), the amount of required parking will be subject to review by the Urban Design and Historic Preservation Commission.

6.

Any adverse effects to the neighbors shall be alleviated by landscaping and screening of off-street parking, fencing, walls and/or gates.

7.

New single-family and two-family residential structures shall comply with Section 153.320 of the building line map.

f.

Signage. All signage shall comply with Section 153.345 et seq. of the Code of Ordinances with the following exceptions:

1.

Sign area shall not exceed a maximum size of twelve square feet.

2.

Exterior lighting and sign illumination are permitted. Internally lit plastic signs are prohibited.

3.

Freestanding signs shall be limited to a maximum height of five feet.

4.

Pole signs are prohibited.

(Prior code § 153.160; Ord. 10-1991; Ord. 118-2018)