Akron City Zoning Code
CHAPTER 5
ZONING DISTRICTS
11-5-1: DISTRICTS ESTABLISHED; MAP; GENERAL REGULATIONS:
A. Districts Established; Annexations:
1. In order to regulate and restrict the location of trades, callings, industries and location of buildings designated for specific uses, and in order to regulate and limit the height of the buildings hereinafter erected or structurally altered, to regulate and determine the area of yards and other open spaces about buildings, the town is divided into major districts known as:
AA residence district
A residence district
B residence district
C residence district
D business and commercial district
E industrial district
F mobile home park district
R ranchette district
(1997 Code §17.08.010; amd. 2016 Code)
2. Provided, however, that any area annexed to the town after the effective date of the ordinance codified in this section shall by such annexation be automatically classified as an AA residence district; provided further, that the petition for annexation may incorporate a request for a different zoning and if the zoning request in the petition to annex is approved by the town board in the annexing ordinance, the new zoning shall apply to the area annexed. (1997 Code §17.08.010)
B. Map; Restrictions And Requirements: The town is divided into districts as shown upon the map attached to the ordinance codified in this section, being designated as the "building zone map", and the map and all notations, references and other things shown thereon, shall be as much a part of this title as if the matter and things set forth by the map were fully described herein, except as hereinafter provided: (1997 Code §17.08.010; amd. 2016 Code)
1. No building shall be erected, reconstructed or structurally altered, nor shall any building or premises be used for any purpose other than is permitted in the district in which such building or premises is located.
2. No building shall be erected or structurally altered to exceed in height the limit herein established for any district in which such building is located.
3. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this title, nor shall the lot area per family be reduced in any manner except in conformity with the area regulations established for the district in which such building is located.
4. No garage larger than a three (3) car garage shall be built in any district without first being allowed through variance. The height of any garage shall be appropriate to the adjacent home (i.e., single-story homes shall have single-story garages, two-story homes may have two-story garages, etc.).
5. The primary entrance to the dwelling must face the street upon which the address is based.
6. Covenants shall be required and must be presented before acceptance of any subdivision plat or approval of any annexation plat.
7. Any variance which shall be granted by the board of adjustment allowing for a nonconforming use shall be in writing, with specific provisions included therein.
8. Any business granted by variance shall be subject to an annual fee, to be set from time to time by the board of trustees in the policies of the town. (1997 Code §17.08.010)
11-5A-1: PERMITTED USES AND REGULATIONS:
No building or land shall be used and no building shall be hereafter erected or structurally altered, unless otherwise provided in this title, except for one or more of the following uses:
A. One-family dwellings.
B. Schools (elementary and high).
C. Churches; provided, that before a new church may be constructed upon the property, where no church was there before located, the written consent of sixty percent (60%) of the persons owning property within three hundred feet (300') of such location shall first be obtained.
D. Accessory buildings including one private garage which may be multiple spaces when located not less than sixty feet (60') from the front property line or a private garage within or attached to a dwelling.
E. Parks and playgrounds. (1997 Code §17.12.010)
11-5A-2: DWELLING AREA PER FAMILY:
The total dwelling area per family shall be not less than one thousand two hundred (1,200) square feet of living area above grade, excluding basement. (1997 Code §17.12.020)
11-5A-3: HEIGHT:
No building hereafter erected or structurally altered shall exceed thirty five feet (35') in height nor two (2) stories above foundations or basement. (1997 Code §17.12.030)
11-5A-4: REAR YARD:
There shall be a rear yard of not less than ten feet (10'). (1997 Code §17.12.040)
11-5A-5: SIDE YARD:
There shall be a side yard on each side of a building of not less than five feet (5') in width. (1997 Code §17.12.050)
11-5A-6: SETBACK:
There shall be a setback of not less than twenty feet (20'); provided, however, that where lots comprising twenty five percent (25%) or more of the frontage of any block are developed with buildings having a predominant setback, no building hereafter erected or structurally altered shall project beyond the predominant setback line so established; provided further, that this regulation shall not be interpreted so as to require a setback of more than fifty feet (50'). (1997 Code §17.12.060)
11-5A-7: CORNER LOTS:
On corner lots, the front of the building shall comply with the setback requirement of the street upon which the front of the building faces. The side of the building shall be set back as per the requirements for the setback for the front of the building. (1997 Code §17.12.070)
11-5A-8: LOT AREA:
Every building hereafter erected or structurally altered shall provide a lot area of not less than eight thousand (8,000) square feet per family. (1997 Code §17.12.080)
11-5A-9: FINISH:
All structures, including accessory buildings or structures, shall be finished in a neat and workmanlike manner by paint, stucco or other finish suitable for the type of materials used in their construction. (1997 Code §17.12.090)
11-5B-1: PERMITTED USES AND REGULATIONS:
No building or land shall be used and no building shall be hereafter erected or structurally altered, unless otherwise provided for in this title, except for one or more of the following uses:
A. Any use permitted in AA residence district.
B. The keeping of not more than two (2) roomers, boarders, convalescent patients or tourists for compensation in a single-family dwelling.
C. Home occupations:
1. Customary home offices when situated in the same dwelling or garage; provided, that the office is not used for a general practice, but only occasionally in conjunction with a principal office elsewhere.
2. Computer based or telecommunications based businesses when all work is done by telecommunications or satellite, and home visits by business associates, clients or customers is only incidental and is not on a regular basis.
3. Foster family care of not more than two (2) children simultaneously.
4. Home visits for all businesses allowed or granted shall be only incidental to the operation of the business, with the exception of daycare, homecare and private instruction, in which case home visits may be on a regular basis, but only incidental; included shall be studio room use for music, voice, dance, art, or academic instruction of not more than two (2) students at any one time.
5. Daycare homes, staffed by occupant only, as permitted under Colorado state regulations.
6. Single operator custom millinery, tailoring, sewing of fabric for custom apparel and custom home furnishings and upholstering.
D. All home occupations permitted in subsection C of this section shall be subject to the following restrictions:
1. Such use shall be conducted entirely within a dwelling or garage and carried on by the inhabitants thereof and no others.
2. Such use shall be clearly incidental and secondary to the use of the building for dwelling or garage purposes and shall not change the character thereof.
3. Such office shall not constitute over fifty percent (50%) of the first floor space, daycare homes excluded.
4. There shall be no advertising signs or other display or indications of home occupation.
5. There shall be no retaining or wholesaling of stock, supplies or products conducted on the premises.
6. There shall be no exterior storage on the premises of material used in the home occupation, nor any highly explosive, toxic or combustible material.
7. There shall be no offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.
8. There shall be no body or mechanical repair of motor vehicles, to include any modification, assembly or painting of motor vehicles nor repair of internal combustion engines.
9. Should any home occupation be granted by variance that includes studios or rooms for instruction, it shall provide additional off street parking adequate to accommodate all needs created by the home occupation.
10. The hours of such uses and such occupation and the manner of such use and noise are not such as to interfere with the peace, quiet or dignity of the neighborhood and the adjoining properties. (1997 Code §17.16.010)
11-5B-2: DWELLING AREA PER FAMILY:
The total dwelling area per family shall not be less than one thousand two hundred (1,200) square feet of living area above grade, excluding basement. (1997 Code §17.16.020)
11-5B-3: HEIGHT:
No building hereafter erected or structurally altered shall exceed thirty five feet (35') in height nor two (2) stories above the foundation or basement. (1997 Code §17.16.030)
11-5B-4: REAR YARD:
There shall be a rear yard of not less than ten feet (10'). (1997 Code §17.16.040)
11-5B-5: SIDE YARD:
There shall be a side yard on each side of a building not less than five feet (5') in width, except that an existing structure may be rebuilt, structurally altered, or extended along the same line, within the five foot (5') limit, provided the structure is no closer to the adjoining property line than was the original structure and provided it is completed within two (2) years of the time the existing structure is removed or construction commenced. (1997 Code §17.16.050)
11-5B-6: SETBACK:
There shall be a setback of not less than twenty feet (20'); provided, however, that where lots comprising twenty five percent (25%) or more of the frontage of any block are developed with buildings having a predominant setback, no building hereafter erected or structurally altered shall project beyond the predominant setback line so established; provided further, that this regulation shall not be interpreted so as to require a setback of more than fifty feet (50'). (1997 Code §17.16.060)
11-5B-7: CORNER LOTS:
On corner lots, the dwelling shall set back a minimum of twenty feet (20') from the front of the lot, subject to provisions in setback, as provided in section 11-5B-6 of this article, and no setback from the street side of the lot. (1997 Code §17.16.070)
11-5B-8: LOT AREA PER FAMILY:
Every building hereafter erected or structurally altered shall provide a lot area of not less than six thousand (6,000) square feet per family; provided, however, that where a lot has less than herein required, as shown by the last recorded sale at the time of the passage of the ordinance codified in this title, the lot may be occupied by not more than one family. (1997 Code §17.16.080)
11-5B-9: FINISH:
All structures, including accessory buildings and structures, shall be finished in a neat and workmanlike manner by paint, stucco or other finish suitable for the type of materials used in their construction. (1997 Code §17.16.090)
11-5C-1: PERMITTED USES AND REGULATIONS:
No building or land shall be used and no building shall be hereafter erected or structurally altered, unless otherwise provided for in this title, except for one or more of the following uses:
A. Any use permitted in the A residence district.
B. Churches.
C. Two-family dwellings.
D. Home occupations. Customary home occupation of a physician, dentist or other professional person or artist when situated in the same dwelling; provided, that:
1. The office is conducted in conjunction with the use of a dwelling unit as a home occupant.
2. The office is not used for a general practice of medicine, surgery, dentistry, osteopathic or chiropractic treatment, but may be used for consultation as an adjunct to a principal office located elsewhere.
3. The hours of such uses and such office and the manner of use and noise are not such as to interfere with the peace, quiet or dignity of the neighborhood and the adjoining properties.
E. Home occupations subject to the restrictions in subsection 11-5B-1D of this chapter (A residence district regulations):
1. Daycare homes for two (2) elder adults in addition to residents of the dwelling.
2. Placard style window signs only are allowed and must be preapproved. Size cannot exceed one point five feet by two feet (1.5' x 2') in size. (1997 Code §17.20.010)
11-5C-2: DWELLING AREA PER FAMILY:
The total dwelling area per family shall be not less than one thousand (1,000) square feet measured on the outside walls. (1997 Code §17.20.020)
11-5C-3: HEIGHT:
No building hereafter erected or structurally altered shall exceed thirty five feet (35') in height nor two (2) stories above the foundation level or basement. (1997 Code §17.20.030)
11-5C-4: REAR YARD:
There shall be a rear yard not less than ten feet (10'). (1997 Code §17.20.040)
11-5C-5: SIDE YARD:
There shall be a side yard on each side of a building not less than five feet (5') in width, except that an existing structure may be rebuilt, structurally altered, or extended along the same line, within the five foot (5') limit, provided the structure is no closer to the adjoining property line than was the original structure and provided it is completed within two (2) years of the time the existing structure is removed or construction commenced. (1997 Code §17.20.050)
11-5C-6: SETBACK:
There shall be a setback of not less than twenty feet (20'); provided, however, that where lots comprising twenty five percent (25%) or more of the frontage of any block are developed with buildings having a predominant setback, no buildings hereafter erected or structurally altered shall project beyond the predominant setback line so established; provided further, that this regulation shall not be interpreted so as to require a setback of more than forty feet (40'). (1997 Code §17.20.060)
11-5C-7: CORNER LOTS:
The regulations for the A residence district shall apply here. (1997 Code §17.20.070)
11-5C-8: LOT AREA PER DWELLING:
Every dwelling hereafter erected or structurally altered shall provide a lot area of not less than six thousand (6,000) square feet; provided, however, that where a lot has less area than herein required, as shown by the last recorded sale at the time of the passage of the ordinance codified in this title, the lot may be occupied by not more than one family. (1997 Code §17.20.080)
11-5C-9: FINISH:
All structures, including accessory buildings and structures, shall be finished in a neat and workmanlike manner by paint, stucco or other finish suitable for the type of materials used in their construction. (1997 Code §17.20.090)
11-5D-1: PERMITTED USES AND REGULATIONS:
No building or land shall be used and no building shall be hereafter erected or structurally altered unless otherwise provided for in this title, except one or more of the following uses:
A. Any use permitted in the B residence district.
B. Apartment houses.
C. Hotels.
D. Hospitals, clinics and professional and business offices.
E. Boarding and rooming houses.
F. Daycare centers and institutions of an educational, philanthropic or eleemosynary nature.
G. Private clubs, fraternities, lodges, excepting those of which the chief activity is a service customarily carried on as a business.
H. Accessory buildings and uses incident to any of the above uses when located on the same lot and not involving the conduct of a business.
I. Mortuaries.
J. The keeping of not more than two (2) roomers, boarders, convalescent patients or tourists for compensation in a single-family dwelling.
K. The selling of products and craftwork manufactured and created by the occupant.
L. One operator beauty shops.
M. Fine arts studios.
N. All signs must be preapproved, and cannot exceed four feet by six feet (4'x6') in size. (1997 Code §17.24.010)
11-5D-2: DWELLING AREA PER FAMILY:
The total dwelling area per family shall not be less than eight hundred (800) square feet, measured on the outside walls. (1997 Code §17.24.020)
11-5D-3: HEIGHT:
No building hereafter erected or structurally altered shall exceed forty feet (40') or more than three (3) stories in height. (1997 Code §17.24.030)
11-5D-4: SIDE YARD:
There shall be a side yard on each side of a building not less than five feet (5') in width, except that an existing structure may be rebuilt, structurally altered, or extended along the same line, within the five foot (5') limit, provided the structure is no closer to the adjoining property line than was the original structure and provided it is completed within two (2) years of the time the existing structure is removed or construction commenced; provided further, that on a lot having a width of less than forty feet (40') as shown by the last recorded sale, there shall be a side yard on each side of a building of not less than three feet (3') in width, subject to the same conditions as to rebuilding, structural alteration or extension. (1997 Code §17.24.040)
11-5D-5: SETBACK:
There shall be a setback of not less than twenty feet (20') subject to the provision in regard to predominant setback in the B residence district. (1997 Code §17.24.050)
11-5D-6: CORNER LOTS:
The same as requirements for B residence district. (1997 Code §17.24.060)
11-5D-7: LOT AREA PER FAMILY:
For one- and/or two-family dwellings, the minimum lot area per family shall be two thousand seven hundred fifty (2,750) square feet. For apartment houses, the minimum lot area per family shall be five hundred (500) square feet. (1997 Code §17.24.070)
11-5D-8: PARKING:
For apartment houses, the owner shall provide off street parking for at least one automobile for each family dwelling unit. (1997 Code §17.24.080)
11-5D-9: FINISH:
All structures, including accessory buildings and structures, shall be finished in a neat and workmanlike manner by paint, stucco or other finish suitable for the type of materials used in their construction. (1997 Code §17.24.090)
11-5E-1: PERMITTED USES AND REGULATIONS:
No building or land shall be used and no building shall be hereafter erected or structurally altered unless otherwise provided for in this title, except for one or more of the following uses:
A. Any use permitted in the C residence district.
B. Retail business stores and shops.
C. Banks, office buildings, studios and hotels.
D. Gasoline and oil service stations.
E. Restaurant, cafes, tearooms and other places serving food.
F. Theaters and amusement houses.
G. Personal offices, or service shops, such as barber, shoeshine, beauty parlors.
H. Public buildings, assembly halls or auditoriums.
I. Baking confectionery, dressmaking, dyeing, laundry, tailoring, upholstery, cleaning or other similar establishments, provided all foods or other products manufactured or processed shall be sold at retail on the premises; and further provided, that all such manufacturing or processing shall be done on the premises.
J. Bus stations, garages, automobile sales rooms and parking lots, trailer sales lots, used car lots, taxi stands.
K. Feed and seed stores.
L. Cottage camps or motels.
M. Retail cold storage locker plants, provided slaughtering activities shall not be permitted.
N. Any similar lawful use which, in the opinion of the board of adjustment is not objectionable to nearby property by reason of odor, dust, smoke fumes, gas, noise or vibration, or is not hazardous to the health and property of the surrounding area through danger of fire or explosion. (1997 Code §17.28.010)
11-5E-2: HEIGHT:
No building hereafter erected or structurally altered shall exceed forty feet (40') or three (3) stories in height. (1997 Code §17.28.020)
11-5E-3: SIDE YARD:
For business buildings, no side yard shall be required; but if provided, shall be not less than five feet (5'). For residences, the side yard shall be the same as required in the C residence district. (1997 Code §17.28.030)
11-5E-4: SETBACK:
There are no setback requirements for a business building. For residence buildings, the setback shall be the same as in the C residence district. (1997 Code §17.28.040)
11-5E-5: LOT AREA PER FAMILY:
For one- and/or two-family dwellings, the minimum lot area per family shall be two thousand seven hundred fifty (2,750) square feet. For apartment houses, the minimum lot area per family shall be five hundred (500) square feet. (1997 Code §17.28.050)
11-5F-1: PERMITTED USES AND REGULATIONS:
Buildings and land may be used for any purpose whatsoever, not in conflict with any ordinance of the town regulating nuisances; provided, however, that no building or occupancy permit shall be issued for any of the following uses until and unless the locations of such uses shall have been approved by the board of adjustment:
A. Stockyard or slaughter of animals or fowl.
B. Explosives, manufacture or storage.
C. Petroleum refining or processing.
D. Garbage, offal or dead animal reduction or dumping.
E. The processing, disposal, storage or manufacture of anything which in itself by process of manufacture or in its completed stage is noxious, constitutes a fire hazard or is dangerous for any reason. (1997 Code §17.32.010)
11-5F-2: HEIGHT:
No building hereafter erected or structurally altered shall exceed forty feet (40') or three (3) stories in height. (Ord. 562, 10-7-2019)
11-5F-3: SIDE YARD:
For business buildings, no side yard shall be required; but if provided, shall be not less than five feet (5'). For residences, the side yard shall be the same as required in the C residence district. (Ord. 562, 10-7-2019)
11-5F-4: SETBACK:
There are no setback requirements for a business building. For residential buildings, the setback shall be the same as in the C residence district. (Ord. 562, 10-7-2019)
11-5F-5: LOT AREA PER FAMILY:
For one- and/or two-family dwellings, the minimum lot area per family shall be two thousand seven hundred fifty (2,750) square feet. For apartment houses, the minimum lot area per family shall be five hundred (500) square feet. (Ord. 562, 10-7-2019)
11-5F-6: PARKING:
There are no parking requirements for business or industrial buildings. For apartment houses, the owner shall provide off street parking for at least one automobile for each family dwelling unit. (Ord. 562, 10-7-2019)
11-5G-1: PERMITTED USES AND REGULATIONS:
No building or land shall be used and no building shall be hereafter erected or structurally altered, unless as provided in this title, except for one or more of the following uses:
A. One-family dwelling.
B. Schools (elementary and high).
C. Churches; provided, that before a new church may be constructed upon the property, where no church was there before located, the written consent of sixty percent (60%) of the persons owning property within three hundred feet (300') of such location shall first be obtained.
D. Accessory buildings not to exceed three (3) in number including a garage. Any structure, garage, barn, shed, stall or other outbuilding shall be attached to permanent cement footing, caisson, and/or pole foundation. (1997 Code §17.10.010)
11-5G-2: DWELLING AREA PER FAMILY:
Each residential structure shall be a minimum of one thousand (1,000) square feet measured on the outside walls. A two-story home or larger must have a minimum of eight hundred (800) square feet on ground floor level and a minimum of one thousand two hundred (1,200) square feet of living space. (1997 Code §17.10.020)
11-5G-3: HEIGHT:
No buildings hereafter erected or structurally altered shall exceed thirty five feet (35') in height or more than two (2) stories above foundations or basement. (1997 Code §17.10.030)
11-5G-4: IMPROVEMENT LOCATION:
No structure shall be erected less than ten feet (10') from the property line on all sides. (1997 Code §17.10.040)
11-5G-5: LOT AREA:
Lots will be a minimum of two and one-half (21/2) acres which shall include rights of way for roads, water line and utility easements. (1997 Code §17.10.050)
11-5G-6: SANITARY SEWER:
It is understood that current regulations of the Colorado department of health permit a septic tank on any property containing two and one-half (21/2) acres or more. The owners of property in this zone shall be required to install and maintain their own septic system, leachfield and associated waste disposal facility which will comply with the rules and regulations of the Northeast Colorado health department and shall be approved by them before installation. The town shall have no obligation to provide sanitary sewer services to any lot. (1997 Code §17.10.060)
11-5G-7: LIVESTOCK; FENCING:
Animal Units Limited: No more than five (5) animal units shall be maintained, pastured or held at any one time. Animal units are defined in Section 6-7-16(C).
TYPE | ANIMAL UNITS |
TYPE | ANIMAL UNITS |
Cattle | |
Any age | 1.00 |
Equine | |
Horse | 1.00 |
Donkey | 0.66 |
Miniature Horse | 0.33 |
Sheep | |
Any age | 0.33 |
Goats | |
All breads and ages | 0.33 |
Swine | |
Hog | 0.33 |
Elk | |
Any age | 1.00 |
Buffalo | |
Any age | 1.33 |
Llamas and Alpacas | |
Any age | 0.50 |
Fowl, Game Birds, Other Small Animals | |
Ostriches, emus, rheas | 0.50 |
Rabbits | 0.10 |
Mature Chickens, Turkeys, Geese, Ducks | 0.10 |
(Ord. 561, 10-7-2019; amd. Ord. 564, 12-9-2019)
11-5G-8: ROADS AND DRAINAGE:
It is understood that the person or persons seeking this zoning shall provide for adequate drainage of the property and the town will have no obligation to pave the dedicated streets. (1997 Code §17.10.090)