Akron City Zoning Code
PART 13
ACCESSORY USES
§ 27-1301 Animals and Animal Shelters.
[Ord. No. 23-003, 6/23/2023]
1.
In any zoning district, it is permitted to maintain as domestic animals six dogs or six cats, or a combination thereof, not to exceed a total of six domestic animals, each over six months of age, provided it is on a noncommercial basis. Where a shelter and/or exercise pen is maintained, it shall be located in the rear yard at least 10 feet from any lot line, and no closer than 50 feet to the nearest dwelling other than that of the owner.
2.
In any zoning district, it is permitted to maintain up to a total of six pigeons and fowl, provided it is in the rear yard, it is on a noncommercial basis and is strictly as an incidental use, and the area in which the fowl or pigeons are kept is enclosed by a fence that will contain them, all parts of which are at least 50 feet from any lot line, and is not closer than 100 feet to the nearest dwelling other than that of the owner.
3.
In any zoning district, unless regulated by other provisions in this chapter, it is permitted to maintain horses, provided one acre of pasture per horse, and no building, corral, or stable is less than 100 feet from any lot line and is not closer than 200 feet to the nearest existing dwelling other than that of the owner. A pasture fence shall be located at a minimum distance of 10 feet from the property line.
4.
No manure storage facility or area shall be established closer than 100 feet to any property line.
§ 27-1302 Detached Private Garages.
[Ord. No. 23-003, 6/23/2023]
2.
Maximum height: 20 feet.
3.
No temporary structures shall be permitted.
4.
No structure shall be permitted between the required building setback line and the street line.
5.
No structure shall be located within the minimum required side yard of the prevailing district.
6.
No structure shall be located within 10 feet of the rear property line.
7.
Direct driveway access is required for each space within a garage.
§ 27-1303 Other Outbuildings/Structures (Sheds).
[Ord. No. 23-003, 6/23/2023]
1.
Maximum height: 10 feet.
2.
No structure shall be within five feet of any property line.
3.
No structure shall be permitted between the required building setback line and the street line.
4.
No structure shall exceed 250 square feet.
5.
Maximum total combined square footage for all such structures shall not exceed 600 square feet per lot.
§ 27-1304 Swimming Pools.
[Ord. No. 23-003, 6/23/2023]
1.
No permanent structure shall be permitted without an operable, maintained filtering system utilizing an approved method of treated water.
2.
All swimming pools which have the capability to contain more than 24 inches of water shall be enclosed by a permanent fence which is at least four feet in height. No fence will be required for aboveground permanent pools which have sides which are at least four feet above grade and access to the pools can be secured, unless the Zoning Officer determines that conditions warrant greater safety measures. However, all aboveground permanent pools shall be screened by a landscape screen, which shall be composed of shrubs that have a minimum height of at least four feet, measured from ground level, at the time of planting.
3.
No structure shall be within 10 feet of any property line, which shall be measured from the nearest water surface.
4.
No structure shall be permitted between the building setback line and the street line.
5.
An approved temporary construction fence shall be erected around the excavation site during the construction of the pool and shall remain in place until the permanent fence is erected.
6.
Water shall not be placed into a swimming pool until a permanent, approved fence has been erected and a certificate of use and occupancy has been issued.
§ 27-1305 Tennis Courts.
[Ord. No. 23-003, 6/23/2023]
1.
No facility shall be permitted unless it is protected by an open mesh permanent fence 10 feet in height behind each baseline extending 10 feet beyond the playing area in each direction.
2.
No facility shall be permitted within 10 feet of any property line.
3.
No facility shall be located between the building setback line and the street line.
4.
If lighting is provided, it shall be so arranged so that there is no objectionable glare on adjoining properties.
§ 27-1306 Patios and Paved Terraces.
[Ord. No. 23-003, 6/23/2023]
No patio, paved terrace, or deck shall be located within any required setback, or between the required building setback line and the street line or public right-of-way, except:
1.
Semidetached and townhouse dwellings shall have a three-foot setback along the common property line.
§ 27-1307 Public Nuisances.
[Ord. No. 23-003, 6/23/2023]
1.
No activities shall be permitted which create a public nuisance and/or interfere with the use of adjacent residential lots.
2.
Nothing in this section shall limit other uses not mentioned so long as, in the opinion of the Zoning Officer, they are accessory to the residential use of the land, are temporary in nature, and do not create a threat to the public health, safety, and/or welfare of the community.
§ 27-1308 Fences and Freestanding Walls.
[Ord. No. 23-003, 6/23/2023]
1.
Upon property devoted to residential use, no fence or freestanding wall shall be erected to a height of more than 42 inches in any front yard, nor more than six feet in any other yard, unless otherwise specified in this chapter.
2.
Upon property devoted to municipal or commercial use, no fence or freestanding wall shall be erected to a height of more than 42 inches in any front yard, nor more than eight feet, including any barbed wire atop the fence or freestanding wall, in any other yard, unless otherwise specified in this chapter. Where such municipal or commercial use abuts a residential use, such fence or freestanding wall shall not exceed six feet.
3.
Fence height exceptions. All portions of fencing shall be subject to the maximum fence height regulations specified in this chapter, except for fence posts and decorative finials on the fence post. The height of any such projection on the fence post shall not exceed the height of the fence by more than six inches.
4.
Fences along side or rear lot lines are not subject to yard or setback requirements. Freestanding walls shall be set back five feet from side and rear lot lines. Fences or freestanding walls within the front yard shall be a minimum of two feet behind the required street right-of-way line. All fences shall be located completely within lot boundaries, and no fence may coincide with any lot line.
5.
No solid fence or freestanding wall shall be erected within the required front yard setback.
6.
No fence or freestanding wall shall be erected which blocks or limits visibility for driveways on adjacent properties.
8.
No fence or freestanding wall shall be erected in a public right-of-way or other rights-of-way or easements, including but not limited to public or private drainage, utility or access easements, unless otherwise required by this chapter, the Borough Subdivision and Land Development Ordinance[2] or the Borough Stormwater Management Ordinance.[3]
9.
Unless required for security purposes for commercial or industrial use, no fence shall be constructed of barbed wire, razor, or other sharp components capable of causing injury, and only then if the portion of the fence containing barbed wire, razor, or other sharp components capable of causing injury is not lower than six feet above the average surrounding ground level.
10.
All fences and freestanding walls shall comply with the Pennsylvania Uniform Construction Code (PA UCC) as enforced by the Borough.
§ 27-1309 Satellite Antennas.
[Ord. No. 23-003, 6/23/2023]
1.
The diameter of ground-mounted antennas shall not exceed 12 feet.
2.
Ground-mounted antennas, including supports, shall not exceed 15 feet in height.
3.
Ground-mounted antennas shall be located in rear yards only and be located no closer than 10 feet to any property line.
4.
Roof-mounted antennas shall not project more than five feet above the roofline.
§ 27-1310 Home Occupations.
[Ord. No. 23-003, 6/23/2023]
1.
Purpose. The purpose of this section is to allow for home occupations which are compatible with the neighborhood in which they are located. It is the intent of this section to:
A.
Ensure the compatibility of home occupations with other uses permitted in the residential districts;
B.
Ensure that permitted home occupations are incidental and secondary to the use of a dwelling as a residence;
C.
Maintain and preserve the character of residential neighborhoods;
D.
Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they are planned and constructed, rather than commercial uses.
3.
Criteria: Minor Home Occupations. Uses classified as minor shall be permitted in all residential districts. The following regulations shall apply to all minor home occupations:
A.
Such use shall be conducted entirely within a dwelling or within a detached garage located on a single-family detached or single-family semidetached residential lot and in existence on the effective date of this chapter and operated by one or more persons, all family members, and all of whom reside within the dwelling. Persons in building trades and similar fields, using their dwelling as an office for business activity carried on off site, may have other employees, provided they are not employed on site, they do not park on or near the dwelling site, and they do not visit the dwelling during the course of business.
B.
Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure in which the occupation is conducted shall not be altered or the occupation within the residence shall not be conducted in a manner which would cause the premises to differ from its residential character.
C.
No more than 25% of the gross floor area of the dwelling, including attached garage area, or 400 square feet, whichever is smaller, shall be used for the home occupation. The attached garage or detached garage area may be used for home occupation purposes, provided that such use does not cause the elimination of the required off-street parking spaces for the dwelling.
D.
The business of selling stocks of merchandise, supplies, or products shall not be conducted on the premises, except that orders previously made by telephone, by appointment or at a sales party may be filled on the premises, e.g., direct sales of products off display shelves or racks is not allowed, but a person may pick up an order placed earlier as described above.
E.
No storage or display of goods shall be visible from outside the structure.
F.
No explosive or highly combustible material shall be used or stored on the premises. No activity shall be allowed which would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.
G.
A home occupation shall not create significantly greater vehicle or pedestrian traffic than normal for the district in which it is located.
H.
Parties for the purpose of selling merchandise or taking orders shall not be held more than one time each month.
I.
A minor home occupation shall not create a need for off-street parking spaces in excess of those required for a dwelling in § 27-1202, Subsection 1, of this chapter. Commercial vehicles used for a home occupation must be parked in an off-street parking space. In addition, commercial vehicles for persons in building trades or similar fields must be parked in a garage or screened from the street and adjacent residential uses.
J.
No use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence shall be allowed.
K.
Deliveries from commercial suppliers shall comply with the Pennsylvania Motor Vehicle Code and shall not restrict traffic circulation.
L.
A home occupation shall not generate waste products or materials of a quality or quantity not normally associated with a residential use.
M.
A home occupation shall not increase water or sewer use so that either is significantly more than the average for residences in the neighborhood.
N.
Passenger drop-off and pickup areas for minor family day-care centers shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
O.
Permitted minor home occupations are limited to the following:
(1)
Artists, craftsmen and sculptors;
(2)
Authors and composers;
(3)
Office facilities, excluding medical offices and dental offices;
(4)
Individual tutoring;
(5)
Preparation of food or food products to be sold or served off site;
(6)
Individual instrument instruction, provided that no instrument may be amplified;
(7)
Telephone solicitation work;
(8)
Minor family day-care centers (only in a detached or semidetached single-family dwelling);
(9)
Dressmaking, sewing and tailoring;
(10)
Uses not listed that, in the opinion of the Zoning Officer, are considered to be of the same general character as the minor home occupations permitted.
P.
Prohibited Minor Home Occupations. The following uses, by the nature of the investment or operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, the uses specified below shall not be permitted as minor home occupations:
(1)
All uses prohibited as major home occupations;
(2)
Hairstylists/single-chair hairstylist;
(3)
Private schools with organized classes;
(4)
Television and other electrical repairs;
(5)
Upholstering;
(6)
Other similar uses which may, in the opinion of the Zoning Officer, result in an adverse impact on a residential neighborhood.
4.
Criteria: Major Home Occupations. Uses classified as major shall be considered uses by special exception according to this chapter. In granting any special exception, the Zoning Hearing Board may attach certain conditions to its approval which, in addition to the requirements listed within this chapter, it feels are necessary requirements in order to preserve and protect the character of residential areas. The following regulations shall apply to all major home occupations:
A.
Such use shall be conducted entirely within a single-family detached or single-family semidetached dwelling or within a detached garage located on a residential lot as a single-family detached dwelling or single-family semidetached dwelling and in existence on the effective date of this chapter and operated by one or more persons, all family members, and all of whom reside within the dwelling. There may be one full-time equivalent nonresident employee permitted on site. Persons in building trades and similar fields, using their dwelling as an office for business activity carried on off site, may have other employees, provided they are not employed on site, they do not park on or near the dwelling site, and they do not visit the dwelling during the course of business.
B.
Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure in which the occupation is conducted shall not be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character.
C.
No more than 25% of the gross floor area of the dwelling, including attached garage area, or 400 square feet, whichever is smaller, shall be used for the home occupation. The attached garage or detached garage area may be used for home occupation purposes, provided that such use does not cause the elimination of the required off-street parking spaces for the dwelling.
D.
The business of selling stocks of merchandise, supplies, or products shall not be conducted on the premises, except that incidental retail sales may be made in connection with other permitted home occupations, and orders previously made by telephone, by appointment or at a sales party may be filled on the premises.
E.
There shall be no exterior storage on the premises of material used in the home occupation, nor of any explosive or highly combustible material. No activity shall be allowed which would interfere with radio or television transmission in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.
F.
Deliveries from commercial suppliers shall comply with the Pennsylvania Motor Vehicle Code and shall not restrict traffic circulation.
G.
Parties for the purpose of selling merchandise or taking orders shall not be held more often than one time each month.
H.
A major home occupation that employs a nonresident of the dwelling shall provide one off-street parking space for use by the employee. Commercial vehicles used for a home occupation must be parked in an off-street parking space. In addition, commercial vehicles for persons in building trades or similar fields must be parked in a garage or screened from the street and adjacent residential uses. If the nature of the major home occupation may result in more than one customer or client to visit the premises at any one time, the Zoning Hearing Board shall specify the number of parking spaces required and the location of such spaces. Additional off-street parking area shall not be located within the required front yard setback or within three feet of any side or rear property line.
I.
A home occupation shall not generate waste products or materials of a quality or quantity not normally associated with a residential use.
J.
A home occupation shall not increase water or sewer use so that either is significantly more than the average for residences in the neighborhood.
K.
All major family day-care centers shall furnish a valid certificate of compliance for the proposed facility, issued by the Pennsylvania Department of Public Welfare.
L.
Passenger drop-off and pickup areas for family day-care centers shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
M.
Permitted major home occupations are limited to the following:
(1)
Any use permitted as a minor home occupation;
(2)
Medical offices and dental offices;
(3)
Single-chair hairstylists and a personal care facility such as single-chair nail salon;
(4)
Organized classes with up to six students at one time;
(5)
Television and other electrical repairs, excluding major appliances such as refrigerators or stoves;
(6)
Upholstering;
(7)
Minor or major family day-care centers;
(8)
Uses not listed that, in the opinion of the Zoning Officer and upon review and approval by the Zoning Hearing Board, are considered to be of the same general character as the major home occupations permitted.
N.
Prohibited Major Home Occupations. The following uses, by the nature of the investment or operation, have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and values of a residentially zoned area for residence purposes and are more suited to professional or business districts. Therefore, the uses specified below and other similar uses shall not be permitted as home occupations:
(1)
Minor or major motor vehicle repair; painting of vehicles, trailers, or boats;
(2)
Funeral chapel or home;
(3)
Rental businesses;
(4)
Photo studios;
(5)
Photo development;
(6)
Material fabrication shops or machine shops;
(7)
Small engine repair;
(8)
Production woodworking and cabinetmaking;
(9)
Other similar uses which may, in the opinion of the Zoning Officer, result in an adverse impact on a residential neighborhood.
5.
Home Occupation Application Requirements.
A.
The application for a minor home occupation shall be submitted in such a form as the Zoning Officer may prescribe and shall be accompanied by the required filing fee as adopted by the Board of Commissioners. The form shall include, but not be limited to, the following information:
B.
Upon receiving the application, the Zoning Officer shall examine the same within a reasonable time after filing. If the application does not conform to the provisions of all pertinent laws, the Zoning Officer shall notify the applicant in writing. Such notification shall include findings in support of the decision and the applicant's right of appeal to the Zoning Hearing Board.
6.
Home Occupation Permits.
A.
In the event an application is approved, then a home occupation permit shall be issued to the applicant. Said permit shall apply only to the applicant, occupation, and premises stated in the application. The permit is nontransferable and nonassignable. Said permit shall also be deemed to be automatically revoked upon the earliest of the following: the applicant dies; the applicant moves from the premises where the permit was granted; or the applicant otherwise ceases engaging in the home occupation.
B.
Home occupation permits shall expire December 31 of each year and, once granted, may be renewed without additional hearings, subject to the provisions of this section, by completing the renewal form prescribed by the Zoning Officer and paying the annual permit fee as adopted by the Board of Commissioners. Failure to apply for renewal and/or failure to pay for the annual permit shall be grounds for revocation of a permit.
C.
There may be one annual inspection each year by the Zoning Officer, or designee, of home occupations issued a home occupation permit. In addition, the Zoning Officer, or designee, shall have the right, at any time, upon reasonable request, to enter and inspect the premises covered by said permit for compliance purposes.
7.
Existing Home Occupations. Any person engaged in a home occupation at the time of the passage of this chapter shall have a period of 90 days from said date to apply for a home occupation permit, subject to the following:
§ 27-1311 Solar Energy Systems.
[Ord. No. 23-003, 6/23/2023]
See § 27-1510.
§ 27-1312 Garden Ponds.
[Ord. No. 23-003, 6/23/2023]
§ 27-1313 Beekeeping.
[Ord. No. 23-003, 6/23/2023]
1.
In any zoning district, beekeeping is permitted as an accessory use, provided it is on a noncommercial basis. Hives shall be located in the rear yard at least 10 feet from any lot line, and no closer than 50 feet to the nearest dwelling other than that of the owner.
2.
Any beekeeper shall provide documentation that they are in compliance with the Pennsylvania Bee Law, 3 Pa.C.S.A. §§ 2101-2117, which requires the owner of an apiary located in Pennsylvania to register the apiary with the Pennsylvania Department of Agriculture.