Akron City Zoning Code
ARTICLE III
Provisions and Modifications
§ 165-11 General provisions.
A.
Applicability of regulations. No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each district by this chapter and meeting the requirements set forth in Schedule A.[1] Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements, and all other regulations designated in Schedule A and this chapter for the district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy shall become void.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
B.
Preservation of natural features.
(1)
No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year or on land subject to periodic overflow.
(2)
No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, except as hereinafter specified.
(3)
Existing natural features, such as trees, brooks, drainage channels and views, shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
C.
Regulations applicable to all zones.
(1)
No lot shall have erected upon it more than one principal building.
(2)
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
(3)
An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building except as provided for in § 165-13B(3)(c). Detached accessory buildings shall be located to the rear of the front building line of the principal building, and if located in a side yard area shall conform to side yard requirements of this chapter.
(4)
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the village requirements.
(5)
No structure may be erected and no plant foliage may be permitted or maintained between heights of 1 1/2 feet and 10 feet above ground level in the triangle formed by intersecting streets and a line joining points on such street lines 25 feet distant from their point of intersection.
(6)
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
(7)
All yards, open space, off-street parking and required landscaping must be contained within the zone in which the use is permitted.
(8)
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use and any proposed structures or use.
(9)
The limitations on signs as set forth for the various zones by this chapter shall not apply to any sign or directional device erected by the federal, state, county or local government or agency thereof.
(10)
Storage of flammable liquid or gas. No storage of any flammable liquid or gas in quantities exceeding 375 gallons shall be allowed except with the prior approval of the Code Enforcement Officer and in conformance with the recommendations of the National Board of Fire Underwriters.[2]
(11)
Stripping of topsoil. No person shall strip, excavate or otherwise remove topsoil for sale, or for use other than on the premises from which the same shall be taken in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto beyond a six-inch depth for residential uses nor beyond a four-inch depth for any other use.
(12)
The permitted accessory uses in any district shall not include any use first specified in a less restricted district. In the interpretation of this provision, an I District shall be considered the least restricted and an R District the most restricted.
(14)
No person, firm or corporation shall hereafter make any excavation upon any lot in any district of the village so that water may accumulate and become stagnant, or cause the adjacent land to become wet or a breeding place for mosquitoes.[4]
D.
Residential provisions.
(1)
In any R District, the permitted uses shall not include:
(a)
Storage of flammable liquids known as "Class I" or "Class II" in quantities exceeding 375 gallons.
(b)
Any home occupations for which a business or trade license is required, not including licensed brokers or professional persons as defined in the definition of "home professional occupation" in § 165-10 of this chapter.
(c)
Any use which is noxious or offensive by reason of refuse, matter, dust, odor, smoke, gas, fumes, noise, vibration, unreasonable use of lights or nighttime operation.
(2)
No accessory structure shall exceed 18 feet in height.
[Amended 4-20-2016 by L.L. No. 2-2016]
(3)
No accessory structure shall be located within 10 feet of a principal building or other accessory building; provided, however, that a swimming pool as an accessory structure may be located within such distance.
[Amended 8-6-1979 by L.L. No. 1-1979]
(4)
No front yard shall be used for the open storage of boats, camping trailers, utility trailers, motorized camping vans or similar vehicles.
(5)
No accessory building shall be erected in any required yard, except that accessory buildings may occupy in the aggregate not more than 25% of a rear yard or open yard area.
(6)
No commercial vehicle shall be parked or stored overnight, except that one such vehicle, with single rear axle, shall be permitted if owned or operated by the occupant of the premises.
(8)
No semi-tractor-trailer may be parked unless for pickup and delivery.
E.
Business-industrial provisions.
(1)
The limitations on sign area as set forth by this chapter for the business and industrial zones shall not apply to parking lot markers, directional signs, entrance and exit signs and other such signs which are erected on the premises, provided that such signs do not exceed two square feet in area on any one side and do not contain any advertising of the use on the premises.
(2)
Enclosure required. Certain uses specified in the list of permitted uses as being subject to one or more provisions of this section are hereby restricted as follows:
(3)
Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.
(4)
No business use shall occupy any part of the lot within 50 feet of any R District.
(5)
No industrial manufacture use shall occupy any part of any lot within 50 feet of any residential property.
§ 165-12 Special provisions.
A.
Yards.
(1)
Front yard transition. Where the frontage on one side of a street is zoned partly R-1 or R-2 and partly B or I, the front yard depth in the B or I District in such block frontage shall be equal to the required front yard depth of the R-1 or R-2 District for a distance of 50 feet into the B or I District.
(2)
Side and rear yard transition. Where a lot in a B or I District abuts a lot in an R-1 or R-2 District, there shall be provided along such abutting lines a yard equal in width or depth to that required in said R-1 or R-2 District.
(3)
Corner lot transition. On every corner lot in any R District, there shall be provided a side front yard equal in depth to the required front yard depth in that district. On such corner lots where depth setbacks are required, the rear yard distance may be waived so long as at least two side yard distances and an open yard area in other than a front yard are provided as stipulated in Schedule A.[1]
[1]
Editor's Note: Said Schedule A is included at the end of this chapter.
(4)
Row dwelling. A row dwelling shall be located on a lot or on a number of adjoining lots running through from street to street or abutting for the full length of the rear lot line on an alley or other permanent public way at least 20 feet wide. Such secondary public access shall not be required in case the combined structure does not exceed 200 feet in length or the distance between permanent openings at least eight feet wide and eight feet high connecting front and rear yards at ground level does not exceed 200 feet, and the land is located in any district permitting this use.
§ 165-13 Modifications.
A.
Height modifications.
(1)
The height limitations of this chapter shall not apply to belfries, bulkheads, chimneys, church spires, cupolas, domes, skylights, ventilators, water tanks and other necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such heights as is necessary to accomplish the purpose they are required to serve and shall not occupy in the aggregate more than 25% of the roof area of the main building.
(2)
Height and open space. In any district any principal building may be erected to a height in excess of that specified for the district, provided that such front, side and rear yard is increased one foot for each one foot of such additional height.
B.
Yard modifications.
(1)
Projections into required yards.
(a)
Permitted projections into required yards, with the provisions of Subsection B(1)(b) below, shall be as follows:
[1]
Balconies and bay windows limited in total length to 1/2 the length of the building wall and one-story unenclosed porches may project into any yard.
[2]
Chimneys, ornamental features, pilasters and roofs may extend not more than 30 inches into any required yard.
[3]
Fire escapes may extend not more than four feet into any required side yard and not more than six feet into any required rear yard.
(b)
Limitation on projections. Notwithstanding any other provision of this section, no projection shall extend into any required yard more than 1/4 of the required width or depth of such yard or within 10 feet of any accessory building.
(2)
Front yards. In such cases in residential zones where the frontage on the same side of the street within 500 feet is 50% or more developed, then the required front yard for a new structure may be modified to the average for such existing development. Otherwise, the requirements of Schedule A shall apply.[1]
[1]
Editor's Note: Said Schedule A is included at the end of this chapter.
(3)
Side yards.
(a)
In the case of lots which comply with the provisions for modification of this chapter, combined total side yard requirements, as specified in Schedule A, shall be reduced by six inches for each foot by which a lot is less than the minimum lot width requirement specified in Schedule A for the zone in which located. In any case, the side yard width shall be reduced to no less than 50% of the requirement of Schedule A.[2]
[2]
Editor's Note: Said Schedule A is included at the end of this chapter.
(b)
When side yards may be varied. Where the side wall of a building is not parallel with the side lot line, the average width of side yard may be interpreted as the side yard width, provided that at no point is the actual side yard width less than five feet.
(c)
In the case of a single- or two-family dwelling which was in existence prior to April 12, 1971, and where compliance with side yard requirements would prohibit attached garages, then the side yard requirement between any proposed attached garage and the side lot line shall be reduced to a minimum of five feet, provided that a distance of no less than 10 feet shall exist between said garage and the next nearest building.
[Amended 8-9-1971]
C.
Modification of lot requirements. Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership at the date of the adoption of this chapter, and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that no structure be constructed closer than 10 feet to the closest lot line, and further, provided, that all other regulations prescribed for the zone by this chapter are complied with.