§ 153.305. Residence requirements.

A.

Development requirements for residence uses. Except as hereinafter provided in this chapter, every structure used in whole or in part for residence purposes shall be located in a use district in which such use is permitted and shall conform with the requirements listed in this Zoning Code. No lot shall be so reduced or diminished in size that the areas, yards, and open spaces are smaller than prescribed in this Zoning Code. No residence shall provide less than the minimum requirements specified in this Zoning Code.

B.

Lot size requirements for various residence uses.

1.

Single-Family or Rooming House. A single-family dwelling or a rooming house for five or fewer roomers shall be erected only on a lot separately owned, or for the purchase of which a contract had been executed, at the time of passage of Ordinance 8169 (August 15, 1922), or on a numbered lot in a recorded allotment that was on record in the office of the county recorder on such date, or on a lot created by Section 153.300(A) but in no case shall the lot contain less than four thousand square feet.

2.

Two-family dwelling, large rooming house, fraternity or sorority house, or apartment. A two-family dwelling, rooming house for over five roomers, apartment house, or fraternity or sorority house shall be located on a lot with the following minimum requirements:

a.

The lot shall have a minimum area of seven thousand square feet.

b.

The lot shall have a width of sixty feet or more at the building line.

c.

The lot shall have a width of fifty feet or more along the line located one hundred thirty feet back of and parallel to the street line, or have a width of fifty feet at the rear lot line if the lot is less than one hundred thirty feet in depth.

3.

In an area which permits condominiums, fee-simple ownership of the land under dwelling units shall be permitted, provided the density of the overall development does not exceed the permitted density and at least 30% of the entire development is devoted to usable open space.

C.

A skateboard ramp shall mean any structure designed and principally intended to permit persons on skateboards to move continuously from one side to the other, commonly known as ramps or half-pipes.

D.

General Residence Requirements.

1.

In a Class U2 District, every apartment house shall have access to and be accessible from a public highway. If located in the rear of another building, or on a lot that does not have frontage on a public highway, there shall be provided for ingress and egress a strip of land not less than sixteen feet in width, connecting such building or lot with a public highway. Such strip of land shall not be built on or be otherwise occupied or obstructed, but shall be maintained as an easement for ingress and egress until a public highway is provided in lieu thereof. No such easement or private court shall form a part of any yard or lot areas required in this Zoning Code.

2.

In a Class U2 District, where an apartment house exists or is erected in the rear of another building or on a lot that does not have frontage on a public highway, there shall be provided a front yard, exclusive of a private court or easement for ingress and egress, which shall be in its least dimension not less than one-third of the height of the building and in any case not less than fifteen feet. This front yard shall not be a part of the required yards for any other building on the lot.

3.

In any U1, U2, ULB or UD District classification except for a fence which is eighty-five percent or more open space, no wall, vegetation, fence, earthbank or other obstruction to visibility shall be permitted to a height greater than two feet six inches above the curb, closer than twenty feet to the street, in the front or side yard of any lot (at a location within twenty feet of any driveway or street). If the building line or lines on any lot are less than twenty feet, the open space required above may be reduced to conform to the building line, but not to less than ten feet. The purpose of this section is to permit vehicles and pedestrians to be visible to persons entering or leaving any lot and the application of this section shall be so construed.

4.

In any U1, U2 or UD District classification, it shall be unlawful to construct, erect, place or maintain:

a.

A skateboard ramp which exceeds three feet in height; or

b.

A skateboard ramp in the front yard or side yard of corner lots of the property; or within two hundred feet of the property lines on the side or in the rear thereof.

c.

The use of a skateboard ramp shall be restricted to daylight hours.

5.

No person shall park a semi-tractor or commercial tractor in a residence use district except while such vehicle is in service at the property.

E.

Yard, open space and other development requirements for certain residence uses.

1.

Single-Family Dwelling in Any District.

a.

Rear Yard. Every single-family dwelling shall have a rear yard which shall be in its least dimension not less than twenty-five percent of the depth of the lot, but such least dimension need not be more than twenty-five feet.

b.

Side Yard. Every single-family dwelling shall have a side yard along each lot line other than a front line or a rear line. The least dimension of a side yard shall be not less than five feet. At least twenty-five percent of the width of the lot shall be devoted to side yards, but the sum of the widths of the two opposite side yards need not be mere than fifteen feet.

2.

Rooming House. Development requirements for a rooming house for five or fewer roomers shall be the same as for a single-family dwelling.

3.

Two-family dwelling in Class A2, A3, A4 and A5 Districts.

a.

Rear Yard. Every two-family dwelling shall have a rear yard which shall be in its least dimension not less than twenty percent of the depth of the lot, but such least dimension need not be more than twenty feet.

b.

Side Yard. Every two-family dwelling shall have a side yard along each lot line other than a front line or a rear line. The least dimension of a side yard shall not be less than six feet. The sum of widths of the two opposite side yards shall not be less than eighteen feet.

c.

Front Entrance. The main entrance to each unit of a two-family dwelling shall be on a side of the structure facing a street.

4.

Apartment House.

a.

Side and Rear Yards. Every apartment house shall have a rear yard which shall be in its least dimension not less than six feet; it shall have a side yard along each lot line other than a front line or a rear line, and the side yard shall not be less than six feet in least dimension. Where an apartment receives its light and air wholly from an open court, the minimum least dimension of such open court, for the distance that such apartment extends, shall be not less than ten feet.

b.

Usable Open Space. Every apartment house shall devote at least thirty percent of its lot to usable open space.

c.

Underground Wiring. All exterior wiring shall be underground and its location shall be adequately marked for safety.

d.

Paved Parking. Parking areas and driveways servicing every apartment house shall be paved to Bureau of Engineering Standard A-4478-d or as revised.

e.

Landscaping of Usable Open Space. Usable open space, if required, shall be landscaped in accordance with minimum standards available in the office of the planning staff and identified as the "Akron Development Guide." Plans for this landscaping shall require the approval of the planning staff, and such approval or disapproval shall be given within one working day.

f.

Landscaping of Area Between Street Line and Parking Area. Where off-street parking is not permitted contiguous to the street line, the area between the street line and the parking area shall be landscaped in accordance with minimum standards available in the office of the planning staff and identified as the "Akron Development Guide." Plans for this landscaping shall require the approval of the planning staff, and such approval or disapproval shall be given within one working day provided such standards are met.

g.

Parking areas, refuse containers and driveways adjacent to Class U1 Districts shall be screened by either a solid wall, solid fencing, or dense landscaping designed in accordance with minimum standards available in the office of the planning staff and identified as the "Akron Development Guide." Plans for this landscaping or other buffering shall require the approval of the planning staff, and such approval or disapproval shall be given within one working day.

5.

Large Rooming House. Development requirements for a rooming house for over five roomers shall be the same as for an apartment house.

6.

Fraternity or Sorority House. Development requirements for a fraternity or sorority house shall be the same as for an apartment house.

7.

Hospital or Eleemosynary Use. A hospital or eleemosynary use in a Class HUD District shall conform to subsections (D)(4)(c), (d), (f) and (g) of this section.

F.

Private Parking for Residence Occupants.

1.

Amount Required. Facilities for the off-street storage or parking of private motor vehicles shall be required for certain residence uses as follow:

a.

For each single-family dwelling, one space but not to exceed the storage of five motor vehicles on any lot devoted to a single-family dwelling;

b.

For each structure containing two or more dwelling units, one space for each dwelling unit. For a supportive apartment house, one off-street parking space for each four units or fraction thereof, with a maximum permitted amount of one space for each dwelling unit.

c.

For each rooming house, one space for each roomer, plus one additional space for each four rooming units or fraction thereof;

d.

For each fraternity or sorority house, one space for each student residing on the premises, either permanently or while attending school.

2.

Minimum Requirements for All Residences. The following minimum requirements shall be provided for parking on premises used for residential purposes:

a.

At least three hundred square feet per parking space, including aisles and drives, shall be provided. Each space shall be of practicable shape and accessibility and in no case shall a parking space be less than nine feet in width.

b.

Access driveways, at least ten feet wide, but not wider than twenty feet, from the street to parking or storage areas shall be provided, but no part of a driveway necessary for access to any parking space shall be considered as storage or parking area. Any driveway from the street to parking areas at the rear of a structure shall be a minimum of ten feet wide, clear of all obstructions.

c.

Premises used partly for residence uses and partly for other purposes shall meet all applicable parking requirements.

d.

Whenever an existing structure or use is altered to increase the amount of parking or storage facilities required hereunder, such parking or storage facilities shall be provided in conformity with the standards specified in this section.

e.

Only one driveway shall be permitted on any lot whose frontage is less than one hundred feet, unless specifically approved by the Traffic Engineer.

f.

The parking and storage areas and driveways for structures containing two or more dwelling units shall be paved to standards approved by the Bureau of Engineering. Curbing and stop blocks shall be used as required to prevent encroachment on adjacent property and landscaping.

3.

Location.

a.

Within a residence district, the area for the parking requirements established herein shall be located behind the established building line. For a single-family dwelling, only the required side yard area that contains a driveway, or is closest to the driveway, shall be utilized for the parking of any vehicle.

b.

For a fraternity or sorority house, the parking requirements established herein may be provided within one thousand feet of the lot containing the building. Such off-street parking space shall be owned, leased, or otherwise under permanent control of such fraternity or sorority or its sponsoring college or university.

c.

For any residential use located within Downtown, no minimum amount of parking shall be required. The maximum permitted amount of newly established or expanded off street surface parking within Downtown which is owned, leased, or otherwise committed to use by the residential use shall be one (1) space per dwelling unit. Such off-street parking shall be subject to the development conditions of the Downtown District.

4.

Amortization period for rooming house parking. A rooming house shall provide parking or storage facilities in conformity with the standards specified in this section by April 1, 1981, or the rooming house shall be discontinued. A rooming house not conforming to these standards is declared to be a public nuisance and shall not be altered, reconstructed, enlarged, or expanded except that normal maintenance and repair may be conducted within the amortization period herein provided. Penalty, see § 153.199.

(Ord. 430-2008; Ord. 84-2005: prior code § 153.286; Ord. 840-1990; Ord. 511-1982; Ord. 535-1978; Ord. 322-1976)

(Ord. No. 221-2011; Ord. 75-2015; Ord. 329-2016; Ord. 408-2018)