Chapter 3 District Regulations SECTION 301. VILLAGE ZONING DISTRICTS. For the purpose of this Zoning Ordinance, the Village is hereby divided into five classes of zoning districts known as: R-1 Low-Density Residential R-2 Medium-Density Residential C Commercial I Industrial MU Mixed-Use SECTION 302. OFFICIAL ZONING MAP. The boundaries of zoning districts are defined and established as shown on a map entitled "Village of Akron Zoning Map" which accompanies this Zoning Ordinance. This map, with all explanatory matter thereon, is hereby made a part of this Zoning Ordinance. SECTION 303. INTERPRETATION OF BOUNDARIES. Where uncertainty exists with respect to the boundaries of any of the districts indicated on the official zoning map, the following rules shall apply: 1. Boundaries indicated as approximately following streets or highways shall be presumed to follow the center line of such roadways. 2. Boundaries indicated as approximately following village boundary lines or property lines shall be presumed to follow such lines. 3. Boundaries indicated approximately parallel to the center lines of streets or highways shall be interpreted as being parallel thereto and at such distance therefrom as indicated by given distance or scaled dimension. SECTION 304. SCOPE OF REGULATIONS. 1. No building or structure or part thereof shall be hereafter erected, moved, constructed or altered, and no new use or change in use of a parcel shall be made unless it conforms with District Regulations 3-1
the provisions of this Zoning Ordinance, including the regulations for the zoning district in which it is located. 2. The regulations applying to zoning districts include specific limitations on the use of land and structures, height and bulk of structures, parcel area and dimensions, setback of structures from public thoroughfares and neighboring properties, and area of a parcel that can be covered by structures. 3. The Zoning Board of Appeals shall have the power to classify a use which is not specifically mentioned by this Zoning Ordinance. Such use shall be treated in a like manner with a comparable permitted or prohibited use for the purpose of clarifying the district regulations of any zoning district. SECTION 305. DISTRICT REGULATIONS. Regulations for all Zoning Districts are contained together in the following sub-sections. Each sub-section specifies a related set of information for each Zoning District. These sub-sections do not include general requirements of this Ordinance. Thus, the reader is urged to become familiar with all Zoning Ordinance provisions before making any decision regarding use of a parcel or structure in the Village of Akron. Permitted activities are identified for each Zoning District, followed by a statement of purpose. These brief statements form the objectives to be accomplished by regulations for each of the Zoning Districts. Each Zoning District may be host to several types of activity, but only the activities specified for a given Zoning District will be permitted there. Uses permitted by right may be allowed upon meeting all other requirements of this Zoning Ordinance. Uses permitted by Special Use Permit are subject to the process and requirements described in Chapter 6 Special Use Permit Requirements. A Dimensions Table appears at the end of this chapter as Section 306. The table specifies parcel dimensions and setback requirements for parcels in each zoning district. 1. Low-Density Residential (R-1) a. Purpose: This district is intended primarily for single-family residential uses together with compatible uses. The purpose of this Zoning District is to encourage a residential environment of low-density dwellings located on individual lots. b. Uses Permitted by Right: 1) Single-family dwellings. 2) Home occupation. 3) Family child care home, six (6) or fewer children. 4) Adult foster care home, six (6) or fewer adults. 5) Churches, public and parochial schools and colleges, public libraries, museums and art galleries on lots of at least one (1) acre and setback at least fifty (50) feet from any other lot or property line. 6) Fire stations and water towers, when setback at least fifty (50) feet from any other lot or property line. 3-2 District Regulations
7) Municipal, denominational and private cemeteries on lots of at least twenty (20) acres and all buildings setback at least one-hundred (100) feet from any other lot or property line. 8) Public parks, golf courses, country clubs, tennis courts and similar non-commercial recreational uses, when all buildings setback are least one-hundred (100) feet from any other lot or property line. 9) Hospitals, sanitariums, charitable institutions for human care, including related accessory uses and buildings, on lots of at least five (5) acres and all buildings setback at least fifty (50) feet from any other lot or property line. 10) Existing railroad right-of-way, including switching. 11) Accessory buildings and uses customarily incidental to any principal use permitted. 1) Essential services, such as Public Utility Buildings and Service Installations. 2) Communication towers. 3) Accessory occupation. 2. Medium-Density Residential (R-2) a. Purpose: This district is intended to provide opportunities for housing that is an alternative to traditional single-family homes. This district is further provided to offer a variety of housing styles, designs and costs to meet the needs of existing and potential residents while promoting development and preservation of neighborhoods of higher density than in the R-1 district. b. Uses Permitted by Right 1) Single-family dwellings. 2) Two-family dwellings. 3) Multiple-family dwellings and apartments 4) Home occupation. 5) Family child care home, six (6) or fewer children. 6) Adult foster care home, six (6) or fewer adults. 7) Churches, public and parochial schools and colleges, public libraries, museums and art galleries on lots of at least one (1) acre and setback at least fifty (50) feet from any other lot or property line. 8) Fire stations and water towers, when setback at least fifty (50) feet from any other lot or property line. 9) Municipal, denominational and private cemeteries on lots of at least twenty (20) acres and all buildings setback at least one-hundred (100) feet from any other lot or property line. 10) Public parks, golf courses, country clubs, tennis courts and similar non-commercial recreational uses, when all buildings setback are least one-hundred (100) feet from any other lot or property line. 11) Hospitals, sanitariums, charitable institutions for human care, including related accessory uses and buildings, on lots of at least five (5) acres and all buildings setback at least fifty (50) feet from any other lot or property line. District Regulations 3-3
12) Existing railroad right-of-way, including switching. 13) Accessory buildings and uses customarily incidental to any principal use permitted. 1) Hospitals, sanitariums, clinics, nursing and rest homes and charitable institutions for human care 2) Group Child Care Home, consisting of 7 to 12 children. 3) Adult foster care: Small group homes consisting of 7 to 12 residents. 4) Adult foster care: Large group homes consisting of 13 to 20 residents 5) Essential services, such as Public Utility Buildings and Service Installations. 6) Communication towers. 7) Accessory occupation. 3. Commercial (C) a. Purpose: This district is intended to accommodate commercial activities that meet the day-to-day convenience shopping and service needs of Village residents, including provisions for regional commercial activities that meet the needs of the automobile traveler on major arterial roadways. This district is also intended to promote development of offices in a manner that will complement surrounding neighborhoods. b. Uses Permitted by Right 1) Business services 2) Personal services 3) Professional services and offices 4) Physician s offices 5) Medical and dental offices, including clinics 6) Food stores 7) Retail sales 8) Restaurants/Food service 9) Financial uses 10) Public utility buildings 11) Government offices and post offices 12) Fraternal lodges or similar civic or social clubs 13) Hotels and motels 14) Accessory residential dwelling units in buildings of two stories or greater, subject to the following: No dwelling unit shall occupy a basement or ground floor. No dwelling unit shall be located on the same floor or on a floor lower than a business located in the same building. Each dwelling unit shall contain a minimum of 350 square feet. If facing a street, window air conditioning units shall not project beyond the face of the building. Dwelling units shall have access that is separate from the businesses located in the same building. 3-4 District Regulations
15) Accessory buildings and uses customarily incidental to any principal use permitted. 1) Automobile (car) wash establishments. 2) Gasoline service stations and minor automotive repair establishments. 3) Motor vehicle sales. 4) Group Child Care Home, consisting of 7 to 12 children. 5) Adult foster care: Small group homes consisting of 7 to 12 residents. 6) Adult foster care: Large group homes consisting of 13 to 20 residents. 7) Churches, public and parochial schools and colleges, when on lots of at least one (1) acre and setback at least fifty (50) feet from any other lot or property line. 8) Shopping center. 9) Self service storage/mini-storage 10) Hospitals, sanitariums, clinics, nursing and rest homes and charitable institutions for human care 11) Veterinary hospitals and clinics 12) Pet grooming establishment 13) Outdoor sales, storage and displays, when associated with and operated by the principal permitted use of the property on which it s located. 14) Sales and service of agricultural machinery 15) Salvage yards 16) Lumber yards 17) Contracting and service establishments including offices and accompanying storage or shop area for plumbers, mechanical contractors, home builders, and other similar uses or trades provided all storage is screened from public view. 18) Communication towers. 4. Industrial (I) a. Purpose: This district is intended for manufacturing, assembling, and fabrication activities including large scale or specialized industrial operations, whose external physical effects may be felt to some degree by surrounding districts. The Industrial District is further intended to allow research and development uses, corporate and professional offices, and other office services. b. Uses Permitted by Right 1) Production, manufacturing, processing, assembling, packaging or treatment of goods, which must be conducted wholly within an enclosed structure (except for onsite delivery vehicles). 2) Warehousing and distribution centers, including ice and cold storage facilities, when conducted wholly within an enclosed structure (except for on-site delivery vehicles). 3) Blacksmith shop or machine shop, an automatic screw machine or a wrought iron shop (excluding punch presses of over twenty-tons rated capacity, drop hammers and drop forges) conducted wholly within an enclosed structure (except for on-site delivery vehicles). District Regulations 3-5
4) Print shops, conducted wholly within an enclosed structure (except for on-site delivery vehicles). 5) Painting/enameling shops, conducted wholly within an enclosed structure (except for on-site delivery vehicles). 6) Airport or heliport 7) Public utility service yard or electrical receiving transformer station. 8) Retail lumber yard, including incidental millwork. 9) Freight or truck terminals. 10) Freight yards. 11) Trailer sales and rental. 12) Life science technology and medical laboratories. 13) Research, design, engineering, testing, diagnostics and pilot or experimental product development. 14) Design and development of computer hardware and software, data communications, information technology, data processing, and other computer-related services. 15) Administrative and professional offices. 16) Vocational schools and other types of technical training facilities. 17) Accessory buildings and uses customarily incidental to any principal use permitted. 1) Coal yards. 2) Vehicle assembly, painting, upholstering, rebuilding, conditioning and repairing; body and fender work; tire capping or retreading; and battery manufacture. 3) Manufacturing, processing, storage, packaging, and/or treatment of raw materials or previously processed materials. 4) Automobile wrecking and junk/salvage yards, subject to the following conditions: All junk yards shall be provided with a buffer of at least fifty (50) feet, which buffer shall be provided adjacent to all abutting lands and rights-of-way. Such buffer shall be planted with evergreens and other suitable plants, shall be used for no other purpose, and shall be neatly maintained at all times. All junk yards shall be enclosed on all sides by a tight, unpierced fence or wall, conforming to the required Performance Standards below. No storage or processing or junk shall be viewable by virtue of terrain from residences within one-quarter (1/4) of a mile from any property line. 5) Communication towers. d. Performance Standards All activities in this district shall be carried on in completely enclosed buildings. Storage may be permitted out-of-doors provided that within two hundred (200) feet of any other district said storage shall be in completely enclosed buildings. All outdoor storage, including junk or salvage yards, shall be effectively screened from public view by a solid, opaque, uniformly finished wall or fence with solid entrance and exit gates. Such screening shall be maintained and kept in good condition. The fence or wall shall be at least six (6) feet in height, but in no case shall the fence be lower than the enclosed storage up to a maximum of eight (8) feet in height. Such storage shall be deemed to include the parking of licensed motor vehicles over one and one-half (1 1/2) 3-6 District Regulations
tons rated capacity. All surfaces shall employ dust control measures that are applied at appropriate times during the year. Completely obscuring landscaping may be used as an alternative upon approval of the Planning Commission. Uses in this District shall conform to the following standards: 1) Emit no obnoxious, toxic or corrosive fumes or gases which are harmful to the public health, safety or general welfare; except those produced by internal combustion engines under design operating conditions. 2) Emit no smoke, odorous gases or other odorous matter in such quantities as to be offensive at or beyond any boundary of the parcel. 3) Produce no heat or glare to such an extent to be detrimental to the health, safety and general welfare at or beyond the lot boundaries. 4) Produce no physical vibrations to such an extent to be determined detrimental to the health, safety and general welfare at or beyond the lot boundaries. 5) Does not include in the manufacturing process any production or storage of any material designed for use as an explosive nor in the use of any such material in production. 6) Shall conform to all local, state and applicable federal pollution control standards, including noise, air and water quality. 7) Storage of hazardous materials shall conform to all applicable federal and state laws. 5. Mixed-Use (MU) a. Purpose: The Mixed-Use district is intended to function as a pedestrian-friendly district with various uses. This means that most uses should be designed and developed at a pedestrian scale, with ease, safety, and convenience of pedestrian movement being a primary objective. In order to achieve this objective, it is important to ensure that buildings are of an appropriate scale. In addition, the Mixed-Use district is also intended to ensure that commercial and residential uses in a development are designed to be compatible with each other. b. Uses Permitted by Right 1) Business services 2) Personal services 3) Professional services and offices 4) Physician s offices 5) Medical and dental offices, including clinics 6) Food stores 7) Retail sales 8) Restaurants/Food service 9) Financial uses. 10) Accessory residential dwelling units in buildings of two stories or greater, subject to the following: No dwelling unit shall occupy a basement or ground floor. No dwelling unit shall be located on the same floor or on a floor lower than a business located in the same building. Each dwelling unit shall contain a minimum of 350 square feet. District Regulations 3-7
If facing a street, window air conditioning units shall not project beyond the face of the building. Dwelling units shall have access that is separate from the businesses located in the same building. 11) Accessory buildings and uses customarily incidental to any principal use permitted. 1) Single-family dwellings. 2) Two-family dwellings. 3) Accessory occupation. 3-8 District Regulations
SECTION 306. DIMENSIONS TABLE Zoning District Minimum Lot Area Minimum Lot Width Front Yard Rear Yard Side Yard Maximum Lot Coverage Corner Yard Corner Lots Remaining Side Yard Minimum Structure Area (square feet) Maximum Height * Maximum Stories R-1 12,000 square feet (1) 80 feet 30 ft (3) [30 ] 40 feet [3 ] One side no less than 10 ft, with total of both sides no less than 25 ft [3 ] 35% 30 ft (3) 10 feet [3 ] 1,040 35 feet 2.5 [1.0] R-2 Single- and two-family dwellings: 8,000 sq ft (2) Multiple-family dwellings: 5,000 sq ft for first unit, and 3,000 sq ft for each additional unit All other uses: 8,000 sq ft 66 feet 25 ft (3) [25 ] 30 feet [5 ] One side no less than 8 ft, with total of both sides no less than 20 ft 30% 25 ft (3) 8 feet 1,040 for single- and two-family dwellings Structures with multiple-family dwellings: 350-0 bedroom, 550-1 bedroom, 750-2 bedrooms, 950-3 bedrooms 40 feet 3.0 [1.0] C None None None (3) [20 ] 20 feet [5 ] None None None (3) None None 40 feet 3.0 I None None 50 ft [75 ] 25 feet [25 ] None {20 feet} None 50 feet None {20 feet} None 75 feet Not Applicable MU 8,000 square feet None None (3) [20 ] 20 feet [5 ] None None None (3) None For structures with multiple-family dwelling units: 350-0 bedroom, 550-1 bedroom, 750-2 bedrooms, 950-3 bedrooms 40 feet 3.0 [1.0] Notes to the Dimensions Table: (1) Lots that have an area less than 12,000 square feet which were recorded prior to the adoption of this Zoning Ordinance may be used for any permitted use for which it is zoned. (2) Lots that have an area less than 8,000 square feet which were recorded prior to the adoption of this Zoning Ordinance may be used for single- and two-family dwellings only. (3) Lots abutting M-138/ Beach Street shall have a front yard setback of forty (40) feet measured from the centerline of the road. [ ] represents setbacks and other dimensional requirements for accessory structures. { } represents the required yard setback for the part of a lot that abuts a residential or Mixed-Use district. * Communication towers are exempted from the maximum height requirements if a Special Use Permit is granted by the Village. District Regulations 3-9