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Akron City Zoning Code

ARTICLE 5

- Accessory Uses in Residence Districts

153.260 - Permitted accessory uses.

Accessory uses and structures are permitted in residence districts as follows:

A.

An accessory use customarily incident to a Class U1, U2, UD, or UHD use shall also be permitted in, respectively, a Class U1, U2, UD, or UHD District, provided such use is not detrimental to the welfare or harmonious character of the neighborhood. Such accessory use may be in addition to those accessory uses which may be enumerated under the subdivision of use sections of such classes.

B.

Any person carrying on a home occupation may do so in the dwelling or apartment occupied by him as a private residence.

C.

Roomers shall be permitted as an accessory use provided the total number of persons, including roomers, inhabiting a dwelling unit does not exceed five.

D.

A child day care home for six or fewer children in a twenty-four-hour period shall be permitted as an accessory use in a Class U1 District classification.

E.

Accessory structures shall be subject to the following conditions:

1.

A building and any accessory structure erected on the same lot shall, for the purposes of this chapter, be considered a single building;

2.

An accessory structure in the rear yard shall not be erected nearer than three feet to a lot line regardless of the type of construction to provide fire separation consistent with the building code. An accessory structure in the side yard shall comply with Section 153.305 (D)(1). An accessory structure shall be at least six feet from any structure with its nearest point consistent with the Building Code;

3.

A private garage, permitted as an accessory use, whether as a separate structure or as part of the principal building:

a.

Shall not provide storage for more than one vehicle for each one thousand five hundred square feet of the area of the lot in a Class U1 District or for each one thousand square feet in a Class U2 District, and

b.

Shall provide a building line between the garage entrance and the street line of at least twenty feet.

4.

An accessory structure shall not be over fifteen feet in height at its peak;

5.

The maximum floor area of an accessory structure on a residentially zoned lot shall not exceed the following:

Lot Area
(sq. ft.)
Maximum Floor Area
of an accessory
structure
(sq. ft)
0—6000 576 (24′ × 24′)
6001—8000 672 (24′ × 28′)
8001 900 (24′ × 36′)

 

6.

The maximum combined floor area of all accessory structures on a residentially zoned lot shall not exceed forty percent of the rear yard area.

(Prior code § 153.265; Ord. 193-1999; Ord. 413-1998; Ord. 479-1994; Ord. 739-1987; Ord. 511-1982; Ord. 101-1982; Ord. 953-1978; Ord. 322-1976)

153.265 - Prohibited accessory uses.

Accessory uses and structures are prohibited in residence districts as follows:

A.

A store, trade, or business is prohibited.

B.

An office of a physician, dentist, engineer, lawyer, musician, or other professional person is prohibited as an accessory use to a residence.

C.

A Class ULB, UG, U3, U4, U5, or U6 use is not permitted as an accessory use.

D.

No more than three garage sales may be held at any address during any calendar year. Each garage sale shall be held no longer than three consecutive days and must be conducted during daylight hours. Penalty, see § 153.199.

(Prior code § 153.266; Ord. 739-1987; Ord. 445-1985; Ord. 322-1976)

(Ord. No. 487-2009, § 1, 11-16-09)

153.270 - Limited business districts—Class ULB.

A.

Subdivision of Uses. Class ULB Uses (Limited Business) are subdivided and permitted as follows:

1.

Office, where no warehousing is done and where no merchandise is sold on or delivered from the premises; child day care center;

2.

Fraternal organizations where no liquor is sold on the premises; and

3.

All uses permitted under Section 153.245(A).

B.

Accessory Uses. An accessory use customarily incident to a Class U1, U2, or ULB Use shall be permitted in a Class ULB District.

C.

Height Requirements. Height regulations in Class ULB Districts shall be as provided in the article on Height Districts at Section 153.335 et seq.

D.

Development Requirements. Area regulations, yards, parking, and other development requirements in Class ULB Districts shall be as provided in the article on Development and Area District Requirements at Section 153.300 et seq.

E.

Sign Requirements. Regulations for on-premises exterior signs in Class ULB Districts shall be as provided in the article on On-Premises Exterior Signs at Section 153.345 et seq.

F.

Restriction of Uses. Within a Class ULB District, no building, structure, or premises shall be used, nor erected to be used, for other than a Class ULB Use. If such premises and building comply with the provisions of this Zoning Code for a two-family dwelling or apartment house, only one family shall be permitted in either dwelling unit of the two-family dwelling or in any apartment of the apartment house. Penalty, see § 153.199.

(Prior code § 153.105; Ord. 479-1994; Ord. 739-1987; Ord. 322-1976)

153.275 - Government districts—Class UG.

A.

Subdivision of Uses. Class UG Uses (Government) are subdivided and permitted as follows:

1.

Governmentally owned facilities such as a general office, court facility, jail, workhouse, police station, fire station, armory, airport, food service, heliport, helistop, motor vehicle garage, maintenance depot, library, post office, water treatment facility, pollution control station, water distribution facility, pumping station, liquor store, land utilized for open space, park, playground, public recreation building, home for the aged, or any other similar facility;

2.

School; museum; community center building; memorial building; railroad right-of-way; and

3.

Office or facility owned or used for a quasi-public social, charitable, or service activity.

B.

Accessory Uses. An accessory use customarily incident to a Class UG Use shall be permitted in a Class UG District.

C.

Height Requirements. Height regulations in Class UG Districts shall be as provided in the article on Height Districts at Section 153.335 et seq.

D.

Development Requirements. Area regulations, yards, parking, and other development requirements in Class UG Districts shall be as provided in the article on Development and Area District Requirements at Section 153.300 et seq.

E.

Sign Requirements. Regulations for on-premises exterior signs in Class UG Districts shall be as provided in the article on On-Premises Exterior Signs at Section 153.345 et seq.

F.

Permitted and Prohibited Uses. Within a Class UG District, no structure or premises shall be used and no structure shall be erected to be used, for other than a Class UG Use. Penalty, see § 153.199.

(Prior code § 153.106; Ord. 322-1976)

153.280 - Retail business districts—Class U3.

A.

Subdivision of Uses in Class A1 and A2 Districts. Class U3 Uses (Retail Business) are subdivided and permitted as follows:

1.

Retail store; wholesale sales office or sample room; catalog sales office; office; church or place of public worship; bank or financial institution; studio; telephone exchange; retail laundry, provided the use is not offensive by reason of emission of noxious smoke, dust, or noise and the total combined capacity of all washing machines is limited to four hundred pounds; laundromat; funeral home, laboratory; data processing center; off-street parking of motor vehicles;

2.

Restaurant; cafe; lunch counter; cocktail lounge; bar; taverns; 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; retail dry cleaning establishment, provided the use is not offensive by reason of emission of noxious fumes, smoke, dust, or noise and the total combined capacity of all machines is limited to fifty pounds; catering, provided that not over three panel trucks are used; coin-operated dry cleaning; child day care business center; and

3.

All uses permitted under Section 153.270(A).

B.

Additional Uses in Class A3, A4, and A5 Districts. Class U3 Uses (Retail Business), which are permitted within those portions of a Class U3 District that are also within a Class A3, A4, or A5 District are subdivided and permitted as follows:

1.

All uses permitted under subsection A of this section;

2.

Any use not included in any other classification of uses (except the prohibited use class), provided that such use is consistent with uses enumerated in this section and is not noxious or offensive by reason of the emission of odor, dust, smoke, gas, or noise;

3.

Hotel; motel; newspaper printing; job printing; commercial school or college; public and semipublic buildings not specified in other classes or uses; dance hall; skating rink; theater; veterinarian's office not including surgical work, boarding, or breeding; ambulance service; arcade; discount store if spaced at least two thousand five hundred feet from another;

4.

The manufacture of products and articles other than Class U4, U5, or U6 Uses, provided that such use is not noxious or offensive by reason of the emission of odor, dust, smoke, gas, or noise; and

5.

Gasoline service station;

6.

Day Labor Pool Temporary Employment Agency in Class A4 and A5 Districts as provided in Subchapter 111.560-111.565 "Day Labor Pool Temporary Employment Agencies".

C.

Accessory Uses. An accessory use customarily incident to a Class U3 Use shall also be permitted in a Class U3 District, except that a Class U4, U5, or U6 Use or a prohibited use shall not be permitted as an accessory use.

D.

Height Requirements. Height regulations in Class U3 Districts shall be as provided in the article on Height Districts at Section 153.335 et seq.

E.

Development Requirements. Area regulations, yards, parking, and other development requirements in Class U3 Districts shall be as provided in the article on Development and Area District Requirements at Section 153.300 et seq.

F.

Sign Requirements. Regulations for on-premises exterior signs in Class U3 Districts shall be as provided in the article on On-Premises Exterior Signs at Section 153.345 et seq.

G.

Restriction of Uses. Within a Class U3 District, no building, structure, or premises shall be used, nor erected to be used, for other than a Class U3 use, provided, however, that in any portion of a Class U3 District that is within a Class A1 or A2 District, no building, structure, or premises shall be used, and no structure shall be erected to be used, for a use enumerated in subsection B of this section. If such premises and building comply with the provisions of this Zoning Code for a two-family dwelling or apartment house, only one family shall be permitted in either dwelling unit of the two-family dwelling or in any apartment of the apartment house. Penalty, see § 153.199.

(Ord. 481-2007 § 1: prior code § 153.107; Ord. 479-1994; Ord. 739-1987; Ord. 509-1982; Ord. 322-1976)

(Ord. No. 68-2009; Ord. 72-2019; Ord. 271-2019)

153.285 - Commercial districts—Class U4.

A.

Subdivision of Uses. Class U4 Uses (Commercial) are subdivided and permitted as follows:

1.

Wholesale business; bottling works; container distribution and redistribution; ice cream manufacturing; ice manufacturing; creamery; frozen food locker; cold storage; commercial bakery; commercial central heating or cooling plant;

2.

Garage repair shop; motor vehicle repair shop; new or used motor vehicle sales; body and fender repair shop; tire retreading shop; tire sales; laundry; dry cleaning plant; truck terminal; carpet cleaning; railroad passenger or freight station; carbarn; trash hauling business;

3.

Warehouse for or storage in bulk of such materials as asphalt, brick, cement, construction material, contractor's equipment, clothing, coal, cotton, dry goods, feed, fertilizer, furniture, fuel, oil or gasoline, or other flammable liquids in above-ground storage tanks of not more than ten thousand gallons capacity (limited to two tanks for each type of contents), grain, gravel, grease, groceries, hardware, hay, ice, iron, lead, lime, liquor, new lumber, machinery, millinery, oil, paint, plaster, pipe, provisions, roofing, rope, crude rubber (except scrap), sand, shop supplies, stone, tar, tar or creosoted products, terra cotta, timber, tobacco, turpentine, varnish, wine, wood, wool, and wholesale produce;

4.

Machine shop or the processing or fabrication of plastics, aluminum, brass, bronze, copper, tin, or other metals, other than Class U5 or U6 Uses, provided that only lathes, drill presses, shapers, planers, grinders, and similar tools are used and no hammering, rolling, spinning, heat treating, riveting, die pressing, punching, forging, or stamping is done, provided, further, that no shearing of metal one-sixteenth of an inch or greater in thickness is carried on, provided, further, that no other noise or vibration producing tool or machine is employed, provided, further, that any resulting cinders, dust, flaking, fumes, gas, odor, refuse matter, smoke, vapor, or vibrations are confined effectively to the premises, and provided, further, that no fire hazard is created;

5.

Dyeing; galvanizing; electroplating; wood or coal yard; upholstering; stone cutting or monument works; enameling; lacquering or painting;

6.

Veterinary hospital or office; kennel, or any premises used for the business of raising, boarding or breeding domesticated animals; and

7.

Newspaper printing; job printing; manufacture of the following products or articles: artificial flowers, feathers or plumes, canvas products, cigars, cigarettes, wearing apparel, food products, wood products, paper products, rubber products, leather products, bone products, shell products, gas or electric fixtures, clocks, watches, jewelry or optical goods, musical instruments, professional instruments, scientific instruments, and other products or articles other than a Class U5 or U6 Use.

8.

Recycling processing facility, where all activities are conducted indoors, and does not include any uses listed in section 153.464.

9.

Public Utility Structure.

10.

All uses permitted under Section 153.280(A)(1) and (2) and Section 153.280(B)(2) through (6).

B.

Accessory Uses. An accessory use customarily incident to a Class U4 Use shall also be permitted, except that a Class U5 or U6 Use or a prohibited use shall not be permitted as an accessory use in a Class U4 District.

C.

Height Requirements. Height regulations in Class U4 Districts shall be as provided in the article on Accessory Uses in Residence Districts at Section 153.335 et seq.

D.

Development Requirements. Area regulations, yards, parking, and other development requirements in Class U4 Districts shall be as provided in the article on Development and Area District Requirements at Section 153.300 et seq.

E.

Sign Requirements. Regulations for on-premises exterior signs in Class U4 Districts shall be as provided in the article on On-Premises Exterior Signs at Section 153.345 et seq.

F.

Restriction of Uses. Within a Class U4 District, no structure or premises shall be used, and no structure shall be erected to be used, for other than a U4 Use. Penalty, see § 153.199.

(Ord. 481-2007 § 2: prior code § 153.108; Ord. 476-1997; Ord. 739-1987; Ord. 509-1982; Ord. 820-1981; Ord. 322-1976)

(Ord. 41-2012; Ord. 264-2012; Ord. 76-2015; Ord. 72-2019)

153.290 - Ordinary industry districts—Class U5.

A.

Subdivision of Uses. Class U5 Uses (Ordinary Industry) are subdivided and permitted as follows:

1.

Shoddy manufacturing; wool scouring; manufacture of textile fabrics; the storage, distribution, manufacturing, and refilling of portable containers of oxygen and other gases;

2.

Carpet cleaning or beating; brewing or distilling of liquors; storage of live poultry or poultry killing or dressing, except for sale at retail on the premises;

3.

Canning or preserving factory; grain elevator; cereals, flour, and feed manufacture; cottonseed products manufacture; salt works; starch, glucose, or dextrine manufacture; sugar refining; sausage manufacture; yeast manufacture;

4.

Dog pound; vehicle manufacture; machine shop;

5.

Manufacture of the following: cotton machinery, cutlery or tools, electrical machinery, rubber molds, adding machines, cash registers, typewriters, bicycles, motor vehicles, airplanes, belting, rasps, files, wire products, or implements; brass, bronze, or aluminum foundry; manufacturing of any kind other than a Class U6 Use or a prohibited use; stamping, dyeing, shearing, or punching metal;

6.

Manufacture of bronze powder, batteries, electric lamps, or chemicals, other than chemicals included in other classes; assaying other than gold or silver;

7.

Celluloid and similar cellulose materials manufacture; rubber manufacture from crude, synthetic, or scrap rubber; manufacture of synthetic rubber, including the storage of chemicals or gases in greater than tank car lots where used in the manufacture of synthetic rubber; outside and warehouse storage of crude, synthetic, and scrap rubber by manufacturers and their affiliates where used in conjunction with or as a subdivision of rubber manufacturing;

8.

Basket material factory; furniture factory; box factory; saw mill or planing mill; cooperage plant; mattress or bed spring factory;

9.

Stone quarry; cement products manufacture; bituminous materials mixing plant;

10.

Manufacture of oil cloth, linoleum, enamel, lacquer, oil, paint, shellac, varnish, and printing ink;

11.

Coal hoist, coal pocket, or coal car trestle except where the coal is consumed on the premises; railroad yard or terminal; railroad freight car classification yard; railroad roundhouse or shop;

12.

Nut, bolt, or screw manufacture; structural iron works; iron foundry; match manufacture; brick, tile, or terra cotta, and other clay, shale, or glass products manufacture; paper manufacture; and

13.

Storage in bulk of fuel oil, gasoline, or other flammable liquids in greater than tank car lots, but not nearer than one hundred fifty feet to a residence district.

14.

All uses permitted in Section 153.285(A)(1) through (9).

B.

Accessory Uses. An accessory use customarily incident to a Class U5 Use shall also be permitted in a Class U5 District, provided, however, that a Class U6 Use or a prohibited use shall not be permitted as an accessory use in a Class U5 District, except that rubber reclaiming, occupying not more than twenty-five percent of the ground floor area of the plant may be permitted as an accessory use to a Class U5 Use.

C.

Height Requirements. Height regulations in Class U5 Districts shall be as provided in the article on Height Districts at Section l53.335 et seq.

D.

Development Requirements. Area regulations, yards, parking, and other development requirements in Class U5 Districts shall be as provided in the article on Development and Area District Requirements at Section 153.300 et seq.

E.

Sign Requirements. Regulations for on-premises exterior signs in Class U5 Districts shall be as provided in the article on On-Premises Exterior Signs at Section 153.345 et seq.

F.

Restriction of Uses. Within a Class U5 District, no structure or premises shall be used, and no structure shall be erected to be used, for other than a U5 Use. Penalty, see § 153.199.

(Prior code § 153.109; Ord. 501-2002; Ord. 476-1997; Ord. 821-1981; Ord. 322-1976)

(Ord. 264-2012)

153.295 - Heavy industry districts—Class U6.

A.

Subdivision of Uses. Class U6 Uses (Heavy Industry) are subdivided and permitted as follows:

1.

Pulp and plaster manufacture, emery cloth, and sandpaper manufacture;

2.

Ammonia bleaching powder, sulfuric acid, or other chemical plants emitting corrosive or toxic fumes carrying beyond the premises, other than uses included in the prohibited use class; wood distillation, including manufacture of charcoal, tar, turpentine, and other byproducts; coal distillation, including byproducts manufacture; outside and warehouse storage of scrap rubber; rubber reclaiming; creosote manufacture or treatment; gas manufacture from coal or petroleum or storage thereof; carbon or lampblack manufacture; petroleum storage (in quantities greater than tank car lots; tar distillation; tar roofing and tar water-proofing manufacture; manufacture of disinfectant, insecticide, or dyestuff;

3.

Locomotive manufacture; railway car manufacture; boiler works; reducing or refining aluminum, copper, tin, or zinc; steel furnace; blast furnace or works; blooming or rolling mill; power forge; pipe works; wire or rod mill; coke ovens;

4.

Pickles, vinegar, or sauerkraut manufacture; cider mill; fish packing or storage; tobacco (chewing) manufacture; and

5.

All uses permitted under Section 153.290(A)(1) through (14).

B.

Accessory Uses. An accessory use customarily incident to a Class U6 Use shall also be permitted, provided, however, that a prohibited use shall not be permitted as an accessory use in a Class U6 District.

C.

Height Requirements. Height regulations in Class U6 districts shall be as provided in the article on Height Districts at Section 153.335 et seq.

D.

Development Requirements. Area regulations, yards, parking, and other development requirements in Class U6 Districts shall be as provided in the article on Development and Area District Requirements at Section 153.300 et seq.

E.

Sign Requirements. Regulations for on-premises exterior signs in Class U6 Districts shall be as provided in the article on On-Premises Exterior Signs at Section 153.345 et seq.

F.

Restriction of Uses. Within a Class U6 District, no structure or premises shall be used, and no structure shall be erected to be used, for other than a U6 Use. Penalty, see § 153.199.

(Prior code § 153.110; Ord. 821-1981; Ord. 522-1981; Ord. 322-1976)

153.296 - Biomedical use district—Class UB.

A.

Subdivision of Uses. Class UB Uses (Biomedical) are subdivided and permitted as follows:

1.

Agricultural uses;

2.

Hospitals;

3.

Biomedical educational and training institutions;

4.

Biomedical and pharmaceutical research and testing laboratories;

5.

Laboratory services;

6.

Biomedical product processing;

7.

Pharmaceuticals development and manufacture;

8.

Medical devices and equipment development and manufacture;

9.

University related research;

10.

Clinical trials facilities;

11.

Medical information technology;

12.

Biotech software development;

13.

All uses permitted in Section 153.245(A)(2) and (3) Apartment House District, Class U2;

14.

All uses listed in Section 153.270(A)(1) and (2), Limited Business District, Class ULB;

15.

All uses permitted in Section 153.280(A)(1-2); and hotel; motel; commercial school or college; public and semipublic buildings not specified in other classes or uses; theater; ambulance service;

16.

All uses permitted in Section 153.285(A)(1), (3), (4), (6) and (7) Commercial Use District, Class U4.

B.

Accessory Uses. An accessory use customarily incident to a Class UB use shall also be permitted, provided, however, that a prohibited use shall not be permitted as an accessory use in a Class UB District.

C.

Height Requirements. Height regulations in Class UB Districts shall be as provided in the article on height districts at Section 153.335 et seq.

D.

Development Requirements. All uses shall conform to the development requirements as established in the subchapter on development and area district requirements at Section 153.310 et seq., business and industry development requirements and the following requirements:

1.

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.

2.

Manufacturing, processing, crating and uncrating service and repair operations shall be conducted within completely enclosed buildings.

3.

All sides of the building fronting on public streets shall be faced with brick, stone, or split-face block or in combination with other approved facing material. All remaining sides shall be faced with brick, stone, split-face block or other similar approved facing material to a minimum height of eight feet above ground. Exterior sidewalls may be of another material if a building expansion is planned and provided for. In that event, the permanent walls after construction shall conform to this section. Construction materials of exterior surfaces are subject to the approval of the Department of Planning and Urban Development.

4.

All private utility lines shall be installed underground and suitably marked for safety.

5.

Parking location. Off-street parking of motor vehicles shall extend no closer to the street line than 15 feet. The majority of parking spaces required for the use are to be located at the side or rear of the structure, behind the building line. The area between the parking area and the street line shall be landscaped according to standards found in the "Akron Development Guide." Plans for this landscaping shall require the approval of the Department of Planning and Urban Development.

6.

Billboards shall be prohibited.

When stricter standards are required by other provisions of this Zoning Code, the stricter standard shall apply.

E.

Sign Requirements. Regulations for on-premises exterior signs in Class UB Districts shall be permitted in a Class U3 or U4 district as provided in the article on on-premises exterior signs at Section 153.345 et seq.

F.

Restriction of Uses. Within a Class UB District, no structure or premises shall be used, and no structure shall be erected to be used, for other than a UB Use. Penalty, see § 153.99.

(Ord. No. 47-2010; Ord. 248-2018)

153.297 - Form-based district—Class UFB.

A.

Subdivision of Districts. Class UFB are subdivided and permitted as follows:

1.

OC - Open Space Conservation;

2.

OP - Open Space Park;

3.

CN - Conservation Neighborhood;

4.

N2.5 - Neighborhood 2.5;

5.

N2.5-12 - Neighborhood 2.5-12;

6.

N-F2.5 - Neighborhood Flex 2.5;

7.

N-F3 - Neighborhood Flex 3;

8.

MX3 - Mixed-Use 3;

9.

MX-S3 - Mixed-Use—Shopfront 3;

10.

MX-F - Mixed-Use—Flex;

11.

SB - Scenic Buffer Overlay.

B.

For regulations and standards of Class UFB Districts please see addendum entitled City of Akron Form-Based Zoning Code.

(Ord. 336-2023; Ord. 84-2024)

153.299 - Sexually oriented business uses.

A.

A sexually oriented business may be located only in accordance with the following restrictions:

1.

No such business shall be located on any parcel within five hundred feet of any Class U-1 or U-2 District;

2.

No such business shall be located on any parcel within one thousand feet of any public library, private or public elementary or secondary school, public park or church;

3.

No such business shall be located on any parcel within one thousand feet of another sexually oriented business;

4.

Such businesses shall only be located in a Class U-3 or U-4 Use District.

B.

For the purposes of subsection A of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a religious facility or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.

C.

For the purposes of subsection A of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.

D.

No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section. Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material or any live performance which, taken as a whole, contains serious literary, artistic, political, medical, educational or scientific value. Penalty, see § 153.199.

(Prior code § 153.111; Ord. 184-1996)