A.

Development and Area District Requirements For All Uses. Except as hereinafter provided in this chapter, every structure used in whole or in part shall be located in a use district in which such use is permitted and shall conform with the requirements listed in this Zoning Code. No lot area shall be so reduced or diminished in area that the yards and open spaces shall be smaller than prescribed in this Zoning Code. No use shall provide less than the minimum requirements specified in this Zoning Code.

B.

Building Sites. No permit shall be issued for the erection of a building or any accessory structure or accessory use under or on any lot, unless the lot is included in one of the following classifications as evidenced by a recorded deed (with the exceptions noted below) presented at the time of the request for the permit:

1.

Lots in recorded allotments which are provided, with, or which, under bond, will be provided with, both City water and sanitary sewer facilities, unless since April 30, 1959, the Planning Commission has approved the allotment without requiring sanitary sewers;

2.

Lots for which the deeds have not been recorded but which have been approved by the Planning Commission and are acceptable for recording under the applicable provisions of O.R.C. Chapter 711;

3.

Lots in residence districts of an area of one acre or more and having frontage on a public street;

4.

Lots in business or industry districts having an area of five acres or more;

5.

Lots smaller than one acre that are of record in the County Recorder's office. Such lots shall have frontage on a public or private thoroughfare with accessible public water and public or private sanitary sewer service. Private sanitary sewer systems must connect to public sanitary sewers.

C.

Yards. The area required in a yard or court at any given level shall be open from such level to the sky unobstructed, except as follows:

1.

The ordinary projection of eaves, soffits, fascias, windowsills, chimneys, air conditioners, and other similar devices may be permitted, but not to exceed twenty inches.

2.

A fire escape, stairway, or balcony may project not more than five feet into a side or rear yard, provided that it does not extend closer than four feet to a lot line.

D.

Exterior Lighting. No exterior lighting shall in any way impair safe movement of traffic on any street or highway or otherwise create a nuisance. Penalty, see § 153.199.

(Prior code § 153.285; Ord. 413-1998; Ord. 739-1987; Ord. 511-1982; Ord. 322-1976)

A.

Development requirements for residence uses. Except as hereinafter provided in this chapter, every structure used in whole or in part for residence purposes shall be located in a use district in which such use is permitted and shall conform with the requirements listed in this Zoning Code. No lot shall be so reduced or diminished in size that the areas, yards, and open spaces are smaller than prescribed in this Zoning Code. No residence shall provide less than the minimum requirements specified in this Zoning Code.

B.

Lot size requirements for various residence uses.

1.

Single-Family or Rooming House. A single-family dwelling or a rooming house for five or fewer roomers shall be erected only on a lot separately owned, or for the purchase of which a contract had been executed, at the time of passage of Ordinance 8169 (August 15, 1922), or on a numbered lot in a recorded allotment that was on record in the office of the county recorder on such date, or on a lot created by Section 153.300(A) but in no case shall the lot contain less than four thousand square feet.

2.

Two-family dwelling, large rooming house, fraternity or sorority house, or apartment. A two-family dwelling, rooming house for over five roomers, apartment house, or fraternity or sorority house shall be located on a lot with the following minimum requirements:

a.

The lot shall have a minimum area of seven thousand square feet.

b.

The lot shall have a width of sixty feet or more at the building line.

c.

The lot shall have a width of fifty feet or more along the line located one hundred thirty feet back of and parallel to the street line, or have a width of fifty feet at the rear lot line if the lot is less than one hundred thirty feet in depth.

3.

In an area which permits condominiums, fee-simple ownership of the land under dwelling units shall be permitted, provided the density of the overall development does not exceed the permitted density and at least 30% of the entire development is devoted to usable open space.

C.

A skateboard ramp shall mean any structure designed and principally intended to permit persons on skateboards to move continuously from one side to the other, commonly known as ramps or half-pipes.

D.

General Residence Requirements.

1.

In a Class U2 District, every apartment house shall have access to and be accessible from a public highway. If located in the rear of another building, or on a lot that does not have frontage on a public highway, there shall be provided for ingress and egress a strip of land not less than sixteen feet in width, connecting such building or lot with a public highway. Such strip of land shall not be built on or be otherwise occupied or obstructed, but shall be maintained as an easement for ingress and egress until a public highway is provided in lieu thereof. No such easement or private court shall form a part of any yard or lot areas required in this Zoning Code.

2.

In a Class U2 District, where an apartment house exists or is erected in the rear of another building or on a lot that does not have frontage on a public highway, there shall be provided a front yard, exclusive of a private court or easement for ingress and egress, which shall be in its least dimension not less than one-third of the height of the building and in any case not less than fifteen feet. This front yard shall not be a part of the required yards for any other building on the lot.

3.

In any U1, U2, ULB or UD District classification except for a fence which is eighty-five percent or more open space, no wall, vegetation, fence, earthbank or other obstruction to visibility shall be permitted to a height greater than two feet six inches above the curb, closer than twenty feet to the street, in the front or side yard of any lot (at a location within twenty feet of any driveway or street). If the building line or lines on any lot are less than twenty feet, the open space required above may be reduced to conform to the building line, but not to less than ten feet. The purpose of this section is to permit vehicles and pedestrians to be visible to persons entering or leaving any lot and the application of this section shall be so construed.

4.

In any U1, U2 or UD District classification, it shall be unlawful to construct, erect, place or maintain:

a.

A skateboard ramp which exceeds three feet in height; or

b.

A skateboard ramp in the front yard or side yard of corner lots of the property; or within two hundred feet of the property lines on the side or in the rear thereof.

c.

The use of a skateboard ramp shall be restricted to daylight hours.

5.

No person shall park a semi-tractor or commercial tractor in a residence use district except while such vehicle is in service at the property.

E.

Yard, open space and other development requirements for certain residence uses.

1.

Single-Family Dwelling in Any District.

a.

Rear Yard. Every single-family dwelling shall have a rear yard which shall be in its least dimension not less than twenty-five percent of the depth of the lot, but such least dimension need not be more than twenty-five feet.

b.

Side Yard. Every single-family dwelling shall have a side yard along each lot line other than a front line or a rear line. The least dimension of a side yard shall be not less than five feet. At least twenty-five percent of the width of the lot shall be devoted to side yards, but the sum of the widths of the two opposite side yards need not be mere than fifteen feet.

2.

Rooming House. Development requirements for a rooming house for five or fewer roomers shall be the same as for a single-family dwelling.

3.

Two-family dwelling in Class A2, A3, A4 and A5 Districts.

a.

Rear Yard. Every two-family dwelling shall have a rear yard which shall be in its least dimension not less than twenty percent of the depth of the lot, but such least dimension need not be more than twenty feet.

b.

Side Yard. Every two-family dwelling shall have a side yard along each lot line other than a front line or a rear line. The least dimension of a side yard shall not be less than six feet. The sum of widths of the two opposite side yards shall not be less than eighteen feet.

c.

Front Entrance. The main entrance to each unit of a two-family dwelling shall be on a side of the structure facing a street.

4.

Apartment House.

a.

Side and Rear Yards. Every apartment house shall have a rear yard which shall be in its least dimension not less than six feet; it shall have a side yard along each lot line other than a front line or a rear line, and the side yard shall not be less than six feet in least dimension. Where an apartment receives its light and air wholly from an open court, the minimum least dimension of such open court, for the distance that such apartment extends, shall be not less than ten feet.

b.

Usable Open Space. Every apartment house shall devote at least thirty percent of its lot to usable open space.

c.

Underground Wiring. All exterior wiring shall be underground and its location shall be adequately marked for safety.

d.

Paved Parking. Parking areas and driveways servicing every apartment house shall be paved to Bureau of Engineering Standard A-4478-d or as revised.

e.

Landscaping of Usable Open Space. Usable open space, if required, shall be landscaped in accordance with minimum standards available in the office of the planning staff and identified as the "Akron Development Guide." Plans for this landscaping shall require the approval of the planning staff, and such approval or disapproval shall be given within one working day.

f.

Landscaping of Area Between Street Line and Parking Area. Where off-street parking is not permitted contiguous to the street line, the area between the street line and the parking area shall be landscaped in accordance with minimum standards available in the office of the planning staff and identified as the "Akron Development Guide." Plans for this landscaping shall require the approval of the planning staff, and such approval or disapproval shall be given within one working day provided such standards are met.

g.

Parking areas, refuse containers and driveways adjacent to Class U1 Districts shall be screened by either a solid wall, solid fencing, or dense landscaping designed in accordance with minimum standards available in the office of the planning staff and identified as the "Akron Development Guide." Plans for this landscaping or other buffering shall require the approval of the planning staff, and such approval or disapproval shall be given within one working day.

5.

Large Rooming House. Development requirements for a rooming house for over five roomers shall be the same as for an apartment house.

6.

Fraternity or Sorority House. Development requirements for a fraternity or sorority house shall be the same as for an apartment house.

7.

Hospital or Eleemosynary Use. A hospital or eleemosynary use in a Class HUD District shall conform to subsections (D)(4)(c), (d), (f) and (g) of this section.

F.

Private Parking for Residence Occupants.

1.

Amount Required. Facilities for the off-street storage or parking of private motor vehicles shall be required for certain residence uses as follow:

a.

For each single-family dwelling, one space but not to exceed the storage of five motor vehicles on any lot devoted to a single-family dwelling;

b.

For each structure containing two or more dwelling units, one space for each dwelling unit. For a supportive apartment house, one off-street parking space for each four units or fraction thereof, with a maximum permitted amount of one space for each dwelling unit.

c.

For each rooming house, one space for each roomer, plus one additional space for each four rooming units or fraction thereof;

d.

For each fraternity or sorority house, one space for each student residing on the premises, either permanently or while attending school.

2.

Minimum Requirements for All Residences. The following minimum requirements shall be provided for parking on premises used for residential purposes:

a.

At least three hundred square feet per parking space, including aisles and drives, shall be provided. Each space shall be of practicable shape and accessibility and in no case shall a parking space be less than nine feet in width.

b.

Access driveways, at least ten feet wide, but not wider than twenty feet, from the street to parking or storage areas shall be provided, but no part of a driveway necessary for access to any parking space shall be considered as storage or parking area. Any driveway from the street to parking areas at the rear of a structure shall be a minimum of ten feet wide, clear of all obstructions.

c.

Premises used partly for residence uses and partly for other purposes shall meet all applicable parking requirements.

d.

Whenever an existing structure or use is altered to increase the amount of parking or storage facilities required hereunder, such parking or storage facilities shall be provided in conformity with the standards specified in this section.

e.

Only one driveway shall be permitted on any lot whose frontage is less than one hundred feet, unless specifically approved by the Traffic Engineer.

f.

The parking and storage areas and driveways for structures containing two or more dwelling units shall be paved to standards approved by the Bureau of Engineering. Curbing and stop blocks shall be used as required to prevent encroachment on adjacent property and landscaping.

3.

Location.

a.

Within a residence district, the area for the parking requirements established herein shall be located behind the established building line. For a single-family dwelling, only the required side yard area that contains a driveway, or is closest to the driveway, shall be utilized for the parking of any vehicle.

b.

For a fraternity or sorority house, the parking requirements established herein may be provided within one thousand feet of the lot containing the building. Such off-street parking space shall be owned, leased, or otherwise under permanent control of such fraternity or sorority or its sponsoring college or university.

c.

For any residential use located within Downtown, no minimum amount of parking shall be required. The maximum permitted amount of newly established or expanded off street surface parking within Downtown which is owned, leased, or otherwise committed to use by the residential use shall be one (1) space per dwelling unit. Such off-street parking shall be subject to the development conditions of the Downtown District.

4.

Amortization period for rooming house parking. A rooming house shall provide parking or storage facilities in conformity with the standards specified in this section by April 1, 1981, or the rooming house shall be discontinued. A rooming house not conforming to these standards is declared to be a public nuisance and shall not be altered, reconstructed, enlarged, or expanded except that normal maintenance and repair may be conducted within the amortization period herein provided. Penalty, see § 153.199.

(Ord. 430-2008; Ord. 84-2005: prior code § 153.286; Ord. 840-1990; Ord. 511-1982; Ord. 535-1978; Ord. 322-1976)

(Ord. No. 221-2011; Ord. 75-2015; Ord. 329-2016; Ord. 408-2018)

A.

Development Requirements for Business and Industry Uses. Except as hereinafter provided in this chapter, every structure used in whole or in part for a business or industry use shall be located in a use district in which such use is permitted and shall conform with the requirements listed in this Zoning Code. No lot area shall be so reduced or diminished in area that the yards and open spaces shall be smaller than prescribed in this Zoning Code. No business or industry use shall provide less than the minimum requirements specified in this Zoning Code for such use.

B.

Yards in Business and Industry Districts. In a business or industry district, every building arranged or designed to be used in whole or in part for a non-residence use shall provide side and rear yards whose least dimensions shall not be less than the following:

1.

Side Yards. On all sites a side yard may be either zero feet or not less than ten feet, except where the site abuts residentially zoned property in which case the minimum side yard shall be no less than twelve feet. In the case where two or more owners would develop a parcel of land jointly the above side yard requirements would apply only to the outside of the development.

2.

Rear Yards. Rear yards which abut the rear yards of adjoining uses shall not be required by the Zoning Code but shall comply with the provisions of the Building Code. Yards that abut residential zoned property shall not be less than twelve feet.

3.

Buildings Located in Class ULB Districts. If a building is located in a Class ULB District, the yard adjacent to a business or industry district shall not be less than four feet.

4.

Downtown. No side or rear yards shall be required in Downtown.

C.

Underground Wiring. All exterior wiring shall be placed underground and its location shall be adequately marked for safety.

D.

Off-Street Parking in Business and Industry Districts.

1.

Amount Required. In a business or industry district (except Downtown) every building used in whole or in part for the following non-residence uses shall provide not less than the number of off-street parking spaces denoted in the following schedule:

a.

Office, laboratory, bank, personal or business service: one space for each two hundred square feet of gross floor space, excluding basements;

b.

Motel or hotel: one space for each guest room plus one space for each two employees;

c.

Retail store: one space for each two hundred square feet of retail floor space;

d.

Gasoline service station: one space for each two gasoline pumps and two spaces for each service bay;

e.

Restaurant, dining room, tavern, bar, night club: one space for each four seats, plus one space for each two counter stools;

f.

Church or place of worship: one space for each five seats in the main assembly hall (including choir seats and seats in adjacent rooms separated by movable partitions);

g.

Manufacturing or wholesaling: one space for each one thousand square feet of gross manufacturing or wholesale floor area, including basements;

h.

Warehousing: one space for each five thousand square feet of gross warehouse floor areas, excluding basements;

i.

Bowling establishment: four spaces for each lane;

j.

Laundromat or automatic dry cleaning establishment: one space for each two machines;

k.

Motor vehicle, machinery or equipment sales and service: one space for each eight hundred square feet of gross floor space, excluding basements;

l.

Funeral home: for each parlor or potential parlor, twenty-five spaces;

m.

Child day care business centers; two spaces for each classroom but not less than six for the building;

n.

Elementary and junior high schools: one space per employee;

o.

Senior high schools or any school serving the eleventh or twelfth grades: one space per employee and one space for each ten students at capacity;

p.

Fraternal organization: one space for each one hundred square feet of gross floor area up to four thousand square feet and one space for each two hundred square feet of gross floor area over four thousand square feet.

2.

Location.

a.

In a Class ULB District, off-street parking of motor vehicles between the building line and the street line shall not be permitted, provided, however, that if the distance between the building line and the street line is over forty feet, off-street parking of motor vehicles shall not be permitted within forty feet of the street line. The area between the street line and the building line shall not be used for driveways to reach the street side of any parking space.

b.

In Class UG, U3, U4, U5 and U6 Districts, off-street parking of motor vehicles shall extend no closer to the street line than five feet.

c.

The off-street parking required under this section may be provided both on the lot containing the business or industry use and on other premises within a use district where such business or industry use is a permitted use, but not more than five hundred feet from such lot. Such off-street parking space shall be owned, leased, or otherwise permanently controlled by the business or industry use, and shall be subject to the development conditions of the district in which it is located.

d.

Property within a Class U3 District which is nearer than two hundred feet to a residence district shall not be used for parking of any truck, tractor, trailer or similar equipment, except where such parking is accessory to motor vehicle sales.

3.

Minimum requirements for development of business and industry parking. The following minimum requirements shall be provided for parking in business and industry districts:

a.

At least three hundred square feet per parking space, including aisles and drives, shall be provided. Each space shall be of practicable shape and accessibility, and in no case shall a parking space be less than nine feet in width.

b.

Access driveways, at least ten feet in width but not more than twenty-five feet in width, from the street to parking and storage areas, shall be provided, but no part of a driveway necessary for access to any parking space shall be considered as storage or parking area.

c.

Parking and storage areas and driveways shall be paved to Bureau of Engineering Standard BP-1.3 or as revised, or constructed of an alternative permeable paving surface subject to standards approved by the bureau of engineering. Preventative measure shall be employed using curbing, parking stop blocks, or other means to prevent vehicular encroachment on adjacent property and landscaping.

d.

The area between the street line and the parking area shall be landscaped in accordance with minimum standards available in the office of the planning staff and identified as the "Akron Development Guide." Plans for this landscaping shall require the approval of the planning staff and such approval or disapproval shall be given within one working day.

e.

Parking areas and driveways adjacent to Class U1, U2, UD and UHD Districts shall be screened by either a solid wall, solid fencing, or dense landscaping designed in accordance with minimum standards available in the office of the planning staff and identified as the "Akron Development Guide." Plans for this landscaping shall require the approval of the planning staff and such approval or disapproval shall be given within one working day.

f.

The total parking requirements for a premises shall be the sum of the parking required for all the individual parts of the premises.

g.

Whenever an existing structure or use is altered to increase the number of off-street parking or storage spaces required hereunder, such parking or storage facilities shall be provided in conformity with the standards specified in this section.

h.

If the requirements of subsections (D)(3)(c) through (e) of this section are not completed at the time the superintendent issues a certificate of occupancy as required under Section 153.110, a bond to assure development according to the plan at one hundred percent of the cost of the development shall be deposited with the Director of the Department of Planning and Urban Development.

E.

Off-Street Loading.

1.

Size of Individual Berth. An off-street parking berth shall have minimum dimensions of not less than twelve feet in width, sixty feet in length, exclusive of driveways, aisles and other circulation areas, and a height clearance of not less than fifteen feet.

2.

Number of Berths. Businesses shall supply off-street loading berths in accordance with the following schedule:

a.

Retail sales establishments with the following gross floor areas including basements:

b.

Warehousing, wholesaling or manufacturing with the following gross floor area including basements:

c.

Offices or other business uses with the following gross floor area including basements:

d.

The total number of berths required for a building having more than one use shall be the sum of the berths required for each individual use.

3.

Exceptions in Downtown. In the area of Downtown, as described in Sections 153.140, 153.330(D) and Section 153.310(A) through (D)(1) and (2) shall not apply. Subsection (E)(1) and (2) of this section shall not apply if the developer can provide truck loading space on a location other than the street.

F.

Access Points for Parking and Loading. The location of points of access in relation to traffic patterns shall have the approval of the Traffic Engineer, but the centerline of any access driveway shall not be closer than forty feet to any street line of an intersecting side street.

G.

Open Storage. Exterior storage of supplies and equipment or refuse shall be screened by either a solid wall, solid fencing, or dense landscaping designed in accordance with minimum standards available in the office of the planning staff and identified as the "Akron Development Guide." Plans for this buffering shall require the approval of the planning staff, and such approval or disapproval shall be given within one working day.

1.

The outdoor display of new merchandise for sale shall be permitted within five feet of the building. The outdoor display of used or reconditioned merchandise shall be prohibited.

H.

Unused curb cuts shall be restored to a standard curb. Unused or abandoned existing curb cuts shall be restored to a standard curb. Driveway approaches no longer to be used shall be removed, and the area between the curb and the sidewalk, if any, shall be restored to proper grade and a lawn installed. The work required in this section shall be the responsibility of the adjacent property owner.

I.

Special development conditions for automobile service stations. The following development requirements shall apply to an automobile service station and shall be in addition to those specified elsewhere in this Zoning Code.

1.

An automobile service station shall be located on a lot at least eighteen thousand square feet in area and shall have a minimum street frontage of at least one hundred fifty feet.

2.

No immobile or derelict vehicle or vehicle without current license plates shall be permitted to be stored on the premises.

3.

The outdoor display of automotive products for sale shall be confined to receptacles or racks within five feet of the station building, except that oil, antifreeze and other small articles may be displayed on the pump islands.

4.

Open space occupying not less than ten percent of the lot shall be installed in accordance with minimum standards available in the office of the planning staff and identified as the "Akron Development Guide." Plans for this landscaping shall require the approval of the planning staff, and such approval or disapproval shall be given within one working day.

5.

Based upon a computation of the permitted square footage for a gasoline service station sign, an additional ten percent may be added to the allowable signage; the total signage thereby allowed shall include any pricing signage.

6.

The making of adjustments, replacements and repairs to motor vehicles associated with the automobile service station shall be conducted only within a building on the premises.

J.

Special Development Conditions for Automobile Body and Fender Repair Shops. The following development requirements shall apply to automobile body and fender repair shops and shall be in addition to those specified elsewhere in the code.

1.

Three off-street parking or storage spaces for each indoor working bay and one off-street parking space for each two hundred square feet of office space.

2.

All outdoor facilities for vehicles awaiting repair and useable and scrap materials shall be stored in a solid screened fence or walled area. Such fence or wall shall not be less than six feet high.

3.

All applicable N.F.D.A. and OSHA Code regulations shall be complied with, which would include but not be limited to the prohibition of outside painting, dismantling, cutting, sanding, sandblasting or any other auto repair. The repair of all vehicles shall be conducted within a building.

4.

All vehicular body repair shops shall be in conformity with the standards specified in this section within three years after the passage of this subsection, or the vehicular body shop shall be discontinued.

K.

Special development conditions for motor vehicle repair shops. The following development requirements shall apply to motor vehicle repair shops and shall be in addition to those specified elsewhere in the code.

1.

There shall be no less than two off-street parking or storage spaces for each indoor working bay and at least one off-street parking space for each two hundred square feet of office space.

2.

All usable and scrap materials shall be stored inside a screened fence or wall not less than six feet in height.

3.

No unlicensed motor vehicles shall be permitted on the premises and no motor vehicle shall be stored over a period of thirty days prior to the start of repairs; all motor vehicles, after repairs are completed, are to be removed from the premises within three working days.

4.

Dismantling of motor vehicles on the premises for replacement parts shall be prohibited.

5.

All motor vehicle repair shops shall conform with these standards within three years after the passage of this subsection or the motor vehicle repair shop shall not be allowed to continue its operations.

L.

Special development conditions for new parking lots within Downtown. The following development requirements shall apply to all new parking lots constructed or located in Downtown.

1.

Paving. Parking, storage areas and driveways shall be paved with minimum standards per the current version of Bureau of Engineering Standard Drawing BP-1.3. An alternative permeable paving surface may be specified subject to standards approved by the bureau of engineering. Preventative measure shall be employed using curbing, parking block stops, or other means to prevent vehicular encroachment on adjacent property and landscaping.

2.

Drainage. Positive flow surface drainage shall be provided to move storm water off-site and to prevent drainage over a public sidewalk. Drainage shall be provided by inlets discharging to:

a.

Street gutters, or

b.

City storm sewers, or

c.

City combined sewers.

3.

Driveways. Driveways shall be at least ten feet in width but not more than twenty-five feet. The location of all site ingress and egress drives are subject to the approval of the Traffic Engineer.

4.

Striping. Striping or marking of spaces and lanes shall be provided to aid in circulation and to designate restricted areas such as loading zones, aisles, handicapped spaces and space reserved for snow storage. Spaces shall be marked with a minimum width of nine feet.

5.

Landscaping.

a.

A five-foot landscaped separation between the parking area and the street line shall be provided. Minimum landscaping shall include a hedge row two or more feet in height. As an alternative to the five-foot separation, a solid masonry wall two or more feet in height with three feet of landscaping may be permitted. Such landscaping required above shall conform to the "Landscape Screening Specifications for Downtown Parking Lots," as set forth in Appendix B to this chapter.

b.

Parking areas and driveways adjacent to residential, university or hospital zoning districts shall be screened by either a solid wall, solid fencing, or dense landscaping in accordance with minimum standards of the "Akron Development Guide."

6.

Lighting. On-site lighting for safety and security of the public shall be provided if the parking area is utilized at night. Lighting level shall not be less than a two footcandle average with not less than 0.60 footcandles on the pavement.

7.

Snow Storage. On-site snow storage shall be provided in a reserved area for parking lots containing over twenty parking spaces. A specific area shall be designated but may be used for parking out of season. Storage areas shall not include landscaped areas and shall be indicated on submitted plans.

8.

Trash Service Areas. Trash storage areas and dumpsters shall be screened on three sides with a masonry wall six feet in height and the open side must not be visible from the street.

9.

Plan Submittal. An improvement plan shall be submitted to the Department of Planning and Urban Development for its review of compliance with these requirements.

M.

Special Development Condition for Existing Parking Lots Within Downtown. The following development requirements shall apply to existing parking lots:

1.

All parking lots shall comply with subsection (L)(1) of this section within three years from date of passage of the ordinance and all landscaping or screening be installed within one year. Paving for parking lots, subsection (L)(1) of this section, with average vehicle weight not exceeding four thousand pounds that are presently constructed of traffic compacted aggregate base material of not less than six-inch minimum thickness, may delete the base course from flexible pavement paving. Grading of the existing base will be required to meet drainage requirements. If the existing base does not meet a minimum thickness of six inches, additional material meeting the requirements of City of Akron CMS item 203 Aggregate Refill, Type 1 (Limestone) shall be added.

2.

Upon application, the Board of Zoning Appeals, when reviewing an existing parking lot for five cars or less in Downtown, may waive compliance with subsections (L)(1), (2) and (5) of this section in specific cases where the financial cost would be unreasonably excessive for the applicant in proportion to the size of the parking area.

3.

Temporary Uses. When construction of a building or a parcel being used for parking is imminent, the installation of development requirements may be delayed two additional years for a total of five years provided:

a.

Building and site plans for the construction proposed have been submitted.

b.

Satisfactory evidence of firm construction financing, provided by the project lender or by a letter of credit, sufficient to undertake construction.

c.

Deposit of cash or bond for one hundred percent of the estimated cost of required parking improvements.

N.

Special Development Conditions for Tire Sales. The following development requirements shall apply to tire sales and shall be in addition to those specified elsewhere in this Zoning Code.

1.

A tire sales shop shall be located on a lot of at least eighteen thousand square feet in area and shall have a minimum street frontage of at least one hundred fifty feet.

2.

The adjustments, replacements, repairs, alignment, and balancing of tires shall be conducted only within a building on the premises. Penalty, see § 153. 199.

O.

Special Development Conditions for Urban Overlay (UO) Areas. The following development requirements shall be in addition and supplemental to those specified in Article 6. Where provisions under this section conflict with those of Article 6, the provisions under this section shall prevail.

1.

Purpose: The Urban Overlay Area is established to promote, preserve, and enhance the "urban character" of existing and new buildings and their relation to the street ensuring a high level of walkability by regulating the placement, form and mass of buildings to be constructed within the overlay area.

2.

Exterior design elements and material requirements specified herein shall be subject to review by the Urban Design and Historic Preservation Commission (UDHPC) at the discretion of the Department of Planning and Urban Development.

3.

Kenmore Urban Overlay Area

a.

Permitted Uses: All uses permitted in the underlying zoning district shall be permitted in the Kenmore UO Area, except that the following uses shall be regulated as follows:

i.

New gas stations shall be prohibited.

ii.

Open sales of vehicles and merchandise shall be prohibited.

iii.

Drive-thru service windows shall be restricted to behind buildings.

iv.

Parking lots as a primary use shall be prohibited.

b.

Buildings: Buildings shall contain decorative masonry features on facades. Provide at least one main pedestrian entrance door from a principal or secondary street frontage. Doors shall be recessed to prevent them from swinging over the right-of-way. Buildings shall incorporate vertical elements, spaced at intervals of twenty-two to twenty-four feet along frontages with the objective of maintaining proportional continuity with adjacent and nearby buildings. For each primary retail or office building frontage, at least sixty percent of the area between the height of two feet and ten feet above the nearest sidewalk grade shall be clear (non-tinted) window glass and/or door permitting a view of the building's interior to a depth of four feet.

c.

Building Mass: No building shall exceed three stories in height. Floor to ceiling heights shall match those of adjacent buildings. Stairwells, elevator penthouse, and decorative elements such as towers may exceed the three-story height, provided such elements encompass less than fifty percent of the building's front elevation width.

d.

Building Setbacks: The minimum building setback shall be zero feet and the maximum building setback shall be fifteen feet. The area between the building and public right-of-way shall not be utilized for vehicular parking, stacking or circulation aisles, but may be utilized for seating, outdoor dining, landscaping, hardscaping or artwork. Buildings shall have a minimum width of one hundred percent of the lot width.

e.

Required Parking: Minimum: zero, maximum: one hundred percent of the required parking in Sections 153.305 and 153.310.

f.

Surface Parking Location: Parking lots shall be located at the rear of the principal structure.

g.

Parking Decks (Structured Parking/Enclosed Parking): Parking decks shall be behind buildings or constructed with a liner building along principal and secondary street frontages.

h.

Signage: Signage shall be permitted in accordance with the City of Akron Form-Based Zoning Code Division 4.5, Signs, (Mixed-Use Storefront District). New pole signs are prohibited.

4.

East Market Street Urban Overlay Area

a.

Permitted Uses: all uses permitted in the underlying zoning district shall be permitted in the East Market Street UO Area, except that the following uses shall be regulated as follows:

i.

Open sales of vehicles and merchandise shall be prohibited.

ii.

Parking lots as a primary use shall be prohibited.

iii.

New billboards shall be prohibited.

iv.

Drive-thru service windows shall be restricted to behind buildings.

v.

Pump islands for a new gas station shall be restricted to behind the principal building.

b.

Buildings: buildings shall contain decorative masonry features on facades. Provide at least one main pedestrian entrance door from a principal or secondary street frontage. If the building is placed at the street line, doors shall be recessed to prevent them from swinging over the right-of-way. Buildings shall incorporate vertical elements along frontages with the objective of maintaining proportional continuity with adjacent and nearby buildings. For each primary retail or office building frontage, at least sixty percent of the area between the height of two feet and ten feet above the nearest sidewalk grade shall be clear (non-tinted) window glass and/or door permitting a view of the building's interior to a depth of four feet.

c.

Building Orientation: buildings shall be oriented toward the primary street where practical.

d.

Building Mass: the maximum height of buildings shall be determined by the established height district classification but shall contain at least two stories at the street line.

e.

Building Setbacks: the minimum building setback shall be zero feet and the maximum building setback shall be fifteen feet. The area between the building and public right-of-way shall not be utilized for vehicular parking, stacking or circulation aisles, but may be utilized for seating, outdoor dining, landscaping, hardscaping or artwork. Buildings shall have a minimum width of sixty percent of the lot width.

f.

Required Parking: Minimum: 0.25 percent of the required parking in Sections 153.305 and 153.310. Maximum: one hundred percent of the required parking in Sections 153.305 and 153.310.

g.

Surface Parking Location: parking lots shall be located at the rear of the principal structure. An access drive with a maximum of one row of parking may be located to the side of the principal building if sufficient space is available.

h.

Parking Decks (Structured Parking/Enclosed Parking): parking decks shall be behind buildings or constructed with a liner building having a minimum height of one story along principal and secondary street frontages. Decorative screening shall be placed on any levels above the liner building.

i.

Signage: signage shall be permitted in accordance with Article 8, On-Premises Exterior Signs. Projecting signs are permitted.

(Ord. 81-2005; prior code § 153.287; Ord. 479-1994; Ord. 127-1989; Ord. 739-1987; Ord. 358-1986; Ord. 511-1982; Ord. 192-1980; Ord. 798-1978; Ord. 322-1976)

(Ord. 221-2011; Ord. 76-2015; Ord. 98-2016; Ord. 156-2018; Ord. 367-2023; Ord. 398-2023; Ord. 183-2024)