As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDINGA subordinate building located on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.
ACCESSORY USEA use customarily incidental and subordinate to the main use or building and located on the same lot therewith. In no case shall such an accessory use dominate, in area, extent or purpose, the principal use of building.
ALLEYA permanent serviceway providing a secondary means of access to abutting properties.
ALTERATIONSAs applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
BASEMENTA story partly underground and having more than 1/2 of its height above the average level of the finished grade at the front of the building.
BED-AND-BREAKFAST ESTABLISHMENTSLiving quarters within a principal building for the temporary use of guests, which said living quarters shall not be a dwelling and which are not rented or otherwise leased as a separate dwelling. In order to qualify as a bed-and-breakfast establishment, the following criteria must be met:
[Added 4-19-2004 by L.L. No. 3-2004]
(1) The living quarters to be utilized by the guests shall be in the principal building and shall not be in any accessory structure.
(2) The principal building in which the bed-and-breakfast establishment is located shall be occupied by the owners thereof as their principal residence.
BOARDING- OR ROOMING HOUSEA dwelling, other than a hotel or lodging house, where five or more persons are housed or lodged for hire with or without meals.
BUILDINGAny permanent structure having a roof supported by columns, piers or walls intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING AREAThe aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal place at ground level.
BUILDING HEIGHTThe vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of a mansard roof, and to the average height between the plate and ridge of a gable, hip or gambrel roof.
BUILDING LINEA line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.
BUILDING, PRINCIPALA building or buildings in which is conducted the main or principal use of the lot on which said building is situated.
CELLARA story partly underground and having more than 1/2 of its clear height below the average level of the finished grade at the front of the building.
CERTIFICATE OF OCCUPANCYA certificate issued by the Code Enforcement Officer upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all the requirements of this chapter and such adjustments thereto granted by the Board of Appeals.
CLUB, PRIVATEA nonprofit social organization whose premises are restricted to its members and their guests.
CLUSTER DEVELOPMENTA development of residential lots, each containing less area than the minimum lot area required for the zone within which such development occurs, but maintaining the density limitation imposed by said minimum lot area through the provision of open space as a part of the subdivision plan.
COURTA space enclosed by four walls.
[Added 9-21-1998 by L.L. No. 7-1998]
CURB LEVELThe officially established grade of the curb in front of the midpoint of the lot.
DWELLINGA building or portion thereof used exclusively as the residence or sleeping place of one or more persons.
DWELLING, MULTIFAMILYA building or portion thereof containing three or more dwelling units and used for occupancy by three or more families living independently of each other.
DWELLING, ONE-FAMILYA building or dwelling unit designed for and occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.
DWELLING, ROWA row of attached or semidetached one-family dwellings or two-family dwellings containing a total of three or more dwelling units, or a building in such a row.
DWELLING, TWO-FAMILYA building containing two dwelling units and used exclusively for occupancy by two families independently of each other, or two one-family dwellings having a party wall in common.
DWELLING UNITOne or more rooms providing living facilities for one family, including equipment for cooking, living and sleeping purposes, and provisions for the same.
FAMILYOne or more persons, related by blood, adoption or marriage, living and cooking together, exclusive of household servants; a number of persons living together as a single housekeeping unit although not related by blood, adoption or marriage shall be deemed to constitute a family unit.
[Added 9-21-1998 by L.L. No. 7-1998]
FENCEAn artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of yard areas.
FLAMMABLE LIQUIDSLiquids having a flash point below 200º F., closed cup tester. Class I flammable liquids (e.g., gasoline, ether, liquid petroleum gas) are those having a flash point below 25º F. Class II flammable liquids are those having a flash point below 70º F. but not below 25º F.
FLOOR AREA TOTALThe sum of the gross horizontal area of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business. Said areas shall be measured between the inside face of exterior walls, or from the center line of walls separating two uses. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory building space.
GARAGE, PRIVATEA secondary building used in conjunction with a primary building which provides for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.
GARAGE, PUBLICAny garage, other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, servicing or equipping of automobiles or other motor vehicles.
HOME OCCUPATIONAny occupation carried on as an accessory use by a member of the family residing on the premises of a residential lot, and such family member may employ no more than one nonresident employee.
[Added 4-19-2004 by L.L. No. 3-2004]
HOME PROFESSIONAL OCCUPATIONThe office of a resident member of a recognized profession when conducted on residential property, such occupations shall include but not be limited to those of doctors, lawyers, architects, engineers, artists, ministers and other recognized professional persons with no more than two nonresident employees being permitted on the same residential property.
JUNKYARDAn area, lot or unenclosed shed where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including auto wrecking or dismantling yards, house wrecking yards, used lumber yards and places or yards for use of salvaged house wrecking and structural steel materials and equipment, but not including pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing, for the processing of used, discarded or salvaged materials as part of manufacture operations, or for the sale, purchase or storage of used motor vehicles or salvaged machinery to be reused for the purpose for which originally manufactured.
KENNELAny premises on which four or more dogs over six months of age are kept.
LOTA parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. A lot within the meaning of this chapter may or may not be a lot as shown on a subdivision plot or assessment record.
LOT AREAAn area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot areas.
LOT, CORNERA parcel of land at the junction of and fronting on two or more intersecting streets.
LOT DEPTHThe horizontal distance between the front and rear lot lines, measured at right angles to its depth at the building line.
LOT LINESThe property lines bounding the lot. In the case of a lot abutting on more than one street, the owner may elect any street lot line the front lot line. The rear line shall be the lot line most distant from the front lot line.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
LOT WIDTHThe horizontal distance between the side lot lines measured at right angles to its depth at the building line.
MOBILE HOMEA transportable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing.
[Added 4-24-1972]
MOBILE HOME LOTA parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
[Added 4-24-1972]
MOBILE HOME PARKA parcel of land which has been planned and improved for the placement of mobile homes.
[Added 4-24-1972]
NONCONFORMING BUILDINGA building which in its design or location upon a lot does not conform to the regulation of this chapter for the zone in which it is located.
NONCONFORMING LOTA lot of record existing at the date of the passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.
NONCONFORMING USEAny use of any building, structure or land existing at the time of enactment of this chapter which does not conform to the use regulations of the district in which it is situated.
OPEN SPACEAll that part of a lot not occupied by a building yard or court.
PLATA map, plan or layout of a city, town, village, section or subdivision indicating the location and boundaries of individual properties.
PRINCIPAL USEThe main use to which a building or lot is to be used.
PUBLIC BUILDINGA building erected and used solely for religious, educational, fraternal or governmental purposes.
RESTAURANTAny establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building, or elsewhere on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playing field or park operated by the agency or group or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a restaurant.
RIGHT-OF-WAYThe line determining the street or highway public limit or ownership.
SERVICE STATIONAny building, structure or land used primarily for the dispersing, sale or offering for sale of automotive fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement or rebuilding, body and fender repair or painting.
SIGN AREAThe area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines said sign.
SIGN, ON-PREMISE ADVERTISINGA sign shall be deemed to be any advertising display on which is shown the products sold, the name of the enterprise located on that lot or parcel of land or any other wording which reflects directly upon any on-site business or other usage thereof.
SITE PLANA plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.
STORYThat portion of a building between the surface of any floor and the surface of the floor next above; also any portion of a building used for human occupancy between the topmost floor and the roof. For purposes of height measurement, in determining the permissible number of stories, a basement shall be counted but a cellar shall not be counted.
STORY, HALFA story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREETA public or private thoroughfare which affords the principal means of access to abutting property.
STREET LINEThat line determining the limit of the highway rights of the public, either existing or contemplated. See "right-of-way."
STRUCTURAL ALTERATIONSAny change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, and including exit facilities.
STRUCTUREAnything constructed or erected, which requires permanent location on the ground or attachment to something having such location.
SWIMMING POOL, PRIVATEA swimming pool having a water area of over 50 square feet and/or containing water 12 or more inches in depth located, placed, erected, constructed or excavated either at, above or below, or any combination thereof, the grade level of the ground of a residential lot. Such facility shall be considered an accessory structure unless attached to the principal structure, which shall constitute it a part of the principal structure.
SWIMMING POOL, PUBLICA publicly or privately owned pool, open to the general public or available on a membership basis, and having appropriate dressing room facilities, recreation facilities and off-street parking area.
TEMPORARY USEAn activity conducted for a specific limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are buildings incidental to new construction work.
TRUE VALUEThat dollar amount derived from the assessed value, shown on the tax card, divided by the State Equalization Rate as shown in the sample below:
ASSESSED VALUE EQUALIZATION RATE | = | TRUE VALUE | $12,200 61% | = | $20,000 |
USEThe specific purposes for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
YARD, FRONTAn open space extending the full width of the lot between a main building and the front lot line, unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least distance between the front lot line and the front of such main building.
YARD, OPEN AREAThe open unobstructed portion of a residential corner lot area located between the rearmost portion of the structure and the rear and/or side lot lines.
YARD, REARAn open space extending the full width of a lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward, except as hereinafter specified, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
YARD, SIDEAn open space extending from the front yard to the rear yard between any building and the side lot line, unoccupied and unobstructed by buildings or structures from the ground upward. The required width of side yard shall be measured horizontally from the nearest point of the side lot line to the nearest part of any building.
YARD, SIDE FRONTThat area of a corner lot, other than the front yard, facing the intersecting street.
ZONING BOARDThe officially established Board of Appeals of the Village of Akron.
ZONING PERMITA permit issued by the Code Enforcement Officer stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.