§ 153.310. Business and industry requirements.

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:

Gross Floor Area (Square Feet)	Berths
5,001 to 20,000	1
20,001 to 40,000	2
40,001 to 100,000	3
Each additional 60,000 or major fraction thereof	1 additional

 

b.

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

Gross Floor Area (Square Feet)	Berths
5,001 to 30,000	1
30,001 to 80,000	2
80,001 to 150,000	3
Each additional 90,000 or major fraction thereof	1 additional

 

c.

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

Gross Floor Area (Square Feet)	Berths
25,001 to 100,000	1
100,001 to 200,000	2
200,001 to 340,000	3
Each additional 250,000 or major fraction thereof	1 additional

 

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.

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

a.

New gas stations shall be prohibited.

b.

Open sales of vehicles and merchandise shall be prohibited.

c.

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

d.

Parking lots as a primary use shall be prohibited.

3.

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.

4.

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 50 percent of the building's front elevation width.

5.

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 100 percent of the lot width.

6.

Required Parking: Minimum: 0; Maximum: 100 percent of the required parking in Sections 153.305 and 153.310.

7.

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

8.

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

9.

Signage: Signage shall be permitted in accordance with requirements for the Downtown under Article 8, on premises exterior signs. New pole signs are prohibited.

10.

All development within the Urban Overlay District 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.

(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)