PART THREE — ZONING CODE
Title VII — Zoning Code
Chapter 337 — Residential Districts
Complete to December 31, 2007CROSS REFERENCES
Off-street parking facilities, RC 717.05 et seq.
Variance from use regulations, CO 329.03
Residence District defined, CO 335.02
Residential Parking District; purpose, permitted uses, maintenance, CO Ch 339
Residence-Industry District defined; uses, CO 345.01, 345.02
Off-street parking and loading requirements, CO Ch 349
Screening of off-street parking spaces adjacent to Residence Districts, CO 349.08
Lighting for off-street parking spaces, CO 349.09
Landscaping and screening, CO Ch 352
Maximum height of accessory buildings in Residence Districts, CO 353.05
Area regulations for Residence Districts, CO 355.04
Yard requirements for mixed occupancy buildings used for residential or Institutional H, CO 357.03
Front yard regulations, CO 357.04
Yard requirements for large-scale housing developments, CO 357.10
337.01 Limited One-Family Districts
(a) Permitted Buildings and Uses. In a Limited One-Family District the following buildings and uses are permitted:
(1) One-family dwelling houses and their accessory buildings and uses. Except as otherwise provided in this Zoning Code, no main building or premises in a Limited One-Family District shall hereafter be erected, altered, used, arranged or designed to be used, in whole or in part for other than a dwelling house occupied by not more than one family.
(2) Schools, dormitories constructed or operated by an existing permitted school, libraries or museums and police protective facilities therefor, providing they are not conducted as a gainful business, places of worship, if permitted by the Board of Zoning Appeals after public notice and public hearing under appropriate safeguards and such special conditions as the Board deems necessary, and if in the judgment of the Board such uses and buildings are appropriately located and designed and will meet a community need without adversely affecting the neighborhood.
(b) Proximity to Other Buildings. Every dwelling house hereafter erected in a Limited One-Family District shall be not less than twenty feet from any other main building in the District.
(Ord. No. 918-59. Passed 6-1-59, eff. 7-12-59)
337.02 One-Family Districts
In a One-Family District, the following buildings and uses and their accessory buildings and uses are permitted:
(a) Dwelling houses, each occupied by not more than one family and not more than two roomers or boarders.
(b) Playgrounds, parks.
(c) The extension of existing cemeteries.
(d) Railroad rights of way, not including switching, storage or freight yards or industrial sidings.
(e) The following buildings and uses, if located not less than fifteen feet from any adjoining premises in a Residence District not used for a similar purpose:
(1) Churches and other places of worship, but not including funeral chapels or mortuary chapels.
(2) Telephone exchanges and static transformer stations, provided there is no public business office or any storage yard or storage building operated in connection therewith.
(3) Bus turn-around and layover areas operated by a public transit agency provided that no buildings other than a passenger shelter and restroom are located at each site, and provided, further, that any layover space accommodates no more than two buses.
(f) The following buildings and uses, if approved by the Board of Zoning Appeals after public notice and public hearing, and if adequate yard spaces and other safeguards to preserve the character of the neighborhood are provided, and if in the judgment of the Board such buildings and uses are appropriately located and designed and will meet a community need without adversely affecting the neighborhood:
(1) A temporary or permanent use of a building by a nonprofit organization for a dormitory, fraternity or sorority house, for the accommodation of those enrolled in or employed by an educational institution permitted in the District.
(2) Fire stations, police stations.
(3) The following buildings and uses, if located not less than thirty feet from any adjoining premises in a Residence District not used for a similar purpose, and subject to the review and approval of the Board of Zoning Appeals as stated above;
A. Public libraries or museums, and public or private schools or colleges including accessory laboratories, provided such private schools or colleges are not conducted as a gainful business.
B. Recreation or community center buildings, parish houses and grounds for games and sports, except those of which a chief activity is one customarily carried on primarily for gain.
C. Day nurseries, kindergartens.
D. Hospitals, sanitariums, nursing, rest or convalescent homes, not primarily for contagious diseases nor for the care of drug or liquor patients, nor for the care of the insane or developmentally disabled.
E. Orphanages.
F. Homes for the aged or similar homes.
G. Charitable institutions not for correctional purposes.
(4) The following buildings and uses, if located not less than fifty feet from adjoining premises in a Residence District not used for a similar purpose, and subject to the review and approval of the Board of Zoning Appeals as stated above.
A. Municipal recreation buildings.
B. Municipal swimming pools.
(5) Crematories in existing cemeteries, provided they are not less than 300 feet from any boundary that abuts a Residence District, and subject to the review and approval of the Board of Zoning Appeals as stated above.
(Ord. No. 1829-95. Passed 12-18-95, eff. 12-23-95)
337.03 Two-Family District
In a Two-Family District the following buildings and uses are permitted:
(a) Dwelling houses, each occupied by not more than two families and not more than two roomers or boarders.
(b) All other uses permitted and as regulated in a One-Family District.
(c) The Board of Zoning Appeals, after public notice and public hearing, and upon prescribing proper safeguards to preserve the character of the neighborhood, may grant special permits for the remodelling of existing dwelling houses or the erection of row houses to provide for more than two dwelling units but not more than six dwelling units in each building, provided that:
(1) The square feet of lot area to be allotted to each dwelling unit is in accordance with the area regulations included in Chapter 355.
(2) The dwelling units to be created will be not smaller than two rooms and a bathroom.
(3) There will be no exterior evidence that a remodelled dwelling house is occupied by more than two families, except such as may be permitted by the Board.
(4) The building when altered or erected and when occupied will conform to all the applicable provisions of the Building and Housing Codes and as the Commissioner of Building and the Commissioner of Housing so certify.
(5) Garage space or hard surfaced and drained parking space will be provided upon the premises for the cars of the families to be accommodated on the premises at the rate of not less than one car per family.
(Ord. No. 740-67. Passed 5-22-67, eff. 5-23-67)
337.031 Townhouse (RA) Districts
(a) Purpose. Townhouse Districts (i.e., Residential Attached districts) are established to provide sites for low-rise development of attached residential units at medium to high densities. Such developments are intended to serve as a transition between areas of detached residences and areas of higher intensity development or to serve as a means of clustering housing units on sites which can be developed most appropriately through such clustering.
(b) Definitions. A "townhouse unit" is a single dwelling unit, situated at ground level, served by its own exclusive exterior entrance, and attached to one or more other such units by fire walls or fire separation walls. A "townhouse building" is a building composed of two or more townhouse units. The terms "townhouse" and "row house" shall have the same meaning unless otherwise indicated.
(c) Permitted Uses. In a Townhouse District, permitted uses are limited to townhouse buildings and all main and accessory uses permitted and as regulated in Two-Family Districts. However, notwithstanding the provisions of Section 355.05 regarding existing lots of record, lots established for development of attached residences shall not be developed or redeveloped for detached residences unless such lots meet all prevailing regulations applicable to the development of detached residences.
(d) Ownership. Townhouse units may be in condominium ownership, where two or more units are located on a single lot, or in a type of ownership where each unit is located on a separate lot. Each townhouse development shall conform to the regulations applicable to its form of ownership.
(e) District Establishment. The following Townhouse Districts are hereby established: RA-1, RA-2, and RA-3 (with the abbreviation "RA" indicating "Residential, Attached" and the numerals indicating that the districts are listed in order of "density," from lowest to highest).
(f) Site Planning and Design. No Building Permit shall be issued for the original construction of a townhouse unit or townhouse building without approval of the City Planning Commission, which shall seek to ensure that the development meets the following standards of site planning and architectural design.
(1) Compatibility. The development shall be visually compatible with nearby properties with respect to such design elements as scale, height, setback, orientation to existing streets, open spaces, roof lines, architectural style, materials, colors, and proportions of architectural features. Furthermore, the development shall not adversely affect the use of nearby properties with respect to such factors as pedestrian and vehicular access, privacy, safety, and obstructions to light and air.
(2) Site Layout. Buildings, structures and landscape features shall be arranged so as to create visual interest, avoid monotony, maximize privacy, conserve natural features, minimize the need for grading, provide for usable areas of common and private open space, facilitate efficient vehicular and pedestrian circulation, and promote security and personal safety.
(3) Building Design. Townhouse units shall be designed so as to create visual interest and differentiate individual units through variations in roof lines, wall setbacks and building materials or through use of porches, bay windows, and other projecting elements. Garages shall be placed to the rear of the residential units or, if located in the front of units, shall be designed and placed in a manner which reduces their visual prominence.
(4) Circulation and Parking. Circulation and parking shall be designed in a manner which provides proper access for service and safety vehicles, minimizes conflicts between pedestrians and vehicles, minimizes the number of curb cuts onto major streets, avoids placing excessive traffic on local residential streets, avoids unenclosed parking in front yards, and avoids placement of garage doors so close to sidewalks as to impair pedestrian safety.
(g) Area and Yard Regulations. The following yard and area regulations shall apply to townhouse developments in RA-1, RA-2, and RA-3 Districts and in other zoning districts which permit townhouse development. All figures are minimum requirements unless otherwise stated. The City Planning Commission may require greater restrictions as necessary to meet the standards of division (f). For main buildings other than townhouses and for accessory uses and structures, regulations of the Two-Family District shall apply.
| RA-1 District | RA-2 District | RA-3 District | |
| Lot Area per Townhouse Unit (sq. ft.) | 1750 | 1250 | 550 |
| Lot Width (ft.) | 22 | 18 | 14 |
| Townhouse Unit Width (ft.) | 22 | 18 | 14 |
| Townhouse Units per Building (max.) | 8 | 8 | restricted |
| Townhouse Units per Building (min.) (except that 2-unit bldgs. shall be permitted if at least one bldg. of 3 or more units is included as part of a single development on one or more contiguous lots) | 3 | 3 | 3 |
| Side Street Yard Depth (ft.) | 7 | 5 | 0 |
| Interior Side Yard Dept (ft.)1 | |||
| 15 | 10 | 10 | |
| 7 | 5 | 0 | |
| Front Yard Depth (ft.) | 20 | 20 | 0 |
| Rear Yard Depth (ft.) | |||
| 20 | 20 | 20 | |
| 20 | 10 | 0 | |
| Distance Between Bldgs. on Same Lot (ft.)2 | |||
| 20 | 20 | 20 | |
| 15 | 12 | 10 | |
| 10 | 7 | 5 | |
| Building Coverage (max.) (% of lot covered by buildings) | 60% | 70% | 100% |
| Common Open Space (sq. ft. per unit) (applies only to condominium developments) | 250 | 150 | 0 |
| Private Open Space (sq. ft. per unit)3 | |||
| Residential Floor Area (sq. ft. per unit) |
(h) Common Open Space. Common open space required by regulations of this section shall consist of land or a combination of land and water of such condition, size, shape and location as to be usable for active recreation and/or scenic enjoyment by the residents of the townhouse development, as determined by the City Planning Commission. Common open space shall not include driveways, parking areas or structures other than those structures devoted to recreational use. The applicant shall provide, to the Commissioner of Building and Housing, evidence of legally enforceable mechanisms to ensure perpetual preservation of such land as common open space and to ensure proper maintenance.
(i) Easements for Zero Lot Line Buildings. Where the City Planning Commission determines that provision of an easement is necessary to ensure proper access, light and air to a building placed directly on a lot line, the Commission may require provision of such easement as a condition of the issuance of a Building Permit for construction of the zero-lot-line building. The easement shall be shown on the recorded plat and incorporated into each deed transferring title to the property.
(j) Variations from Area and Yard Regulations. The Board of Zoning Appeals may approve variations from area and yard regulations applicable to townhouse developments if the Board determines that such variations are necessary to achieve an appropriate development of the site and that such variations will not result in safety or health hazards and will not be injurious to the use or value of nearby properties. In making such a determination, the Board shall consider a recommendation made by the City Planning Commission on the basis of the site plan and design review conducted in accordance with the provisions of division (f) of this section.
(k) Homeowners Association. Any townhouse development of three or more units, even those not located in Townhouse Districts, consisting of individual townhouse units situated on separate parcels of land shall establish a homeowners association to ensure coordination of exterior alterations and maintenance. The homeowners association shall, at a minimum, have authority to review and approve all exterior alterations to the buildings and the property comprising the townhouse development. The homeowner's association may determine the scope of the exterior alterations that must be reviewed. A draft of the homeowners association declaration of restrictions shall be submitted to the Director of the City Planning Commission for review and approval at the time of application for a building permit. The Director of the City Planning Commission shall review the declaration of restrictions of the homeowners association to ensure that the minimum requirements of this section are met. A declaration of restrictions of the homeowners association shall be filed and recorded with the Cuyahoga County Recorder's Office and evidence of such filing and recording shall be submitted to the Director of Building and Housing prior to the issuance of an initial Certificate of Occupancy by the City.
(Ord. No. 1844-02. Passed 5-12-03, eff. 5-21-03)
337.04 Purpose and Development of Limited Multi-Family Districts
A limited Multi-Family District is established in order to provide a zoning use district within which one-, two- and multi-family buildings may locate as compatible land uses. This is a district of low population density equivalent to the population densities of a Two-Family District. The yard and lot area requirements are such as will afford maximum protection to the various permitted uses. To secure these ends, a building permit for the construction of an apartment house or group of apartment houses shall not be issued until the Planning Commission has approved the plans for the proposed development. Such plans shall include a site plan showing the location and size of the buildings and their relationship to other buildings on adjoining lots. The plan shall also show the design of that area to be devoted to off-street parking, the number of off-street parking spaces, a system of vehicular traffic circulation and points of access from adjoining streets. The plan shall also show landscape treatment at the boundaries of the proposed development indicating the type, size and location of trees, shrubs and other landscaping. In making its determination the Planning Commission shall require conformance to the provisions of this section, and shall be satisfied that the proposed development plans will provide the maximum residential amenities as applied to the adjoining lots as well as the proposed development itself.
(Ord. No. 2222-58. Passed 2-16-59, eff. 3-29-59)
337.05 Permitted Buildings and Uses in Limited Multi-Family District
The following are permitted buildings and uses in a Limited Multi-Family District:
(a) All uses permitted and as regulated in a One-Family District.
(b) Row Houses.
(c) Apartment houses provided that they conform to the requirements of Section 337.06.
(Ord. No. 2222-58. Passed 2-16-59, eff. 3-29-59)
337.06 Area, Yard and Height Requirements for Apartment Houses
(a) Maximum Gross Floor Area. The maximum gross floor area for all buildings shall not exceed one-half the lot area.
(b) Minimum Lot Area. The minimum lot area for each dwelling unit shall be 2,400 square feet.
(c) Required Side Yards. Two side yards shall be required with a minimum width for each side yard of twenty feet, notwithstanding the provisions of Section 357.09.
(d) Required Rear Yard. A rear yard shall be provided with a minimum depth of fifty feet except that where the rear lot line adjoins the boundary of a less restricted area district, the provisions of Section 357.08 shall apply.
(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)
337.07 Reserved
Note: Former Section 337.07 was repealed by Ord. No. 3077-A-89, passed 6-17-91, eff. 7-27-91.
337.08 Multi-Family District
Except as otherwise specifically provided in this Zoning Code, no building or premises in a Multi-Family District shall hereafter be erected, altered, used, arranged or designed to be used, in whole or in part for other than one or more of the following specified uses:
(a) All uses permitted and as regulated in a Two-Family District.
(b) Row houses, apartment houses.
(c) Rooming houses, boarding houses, tourist homes.
(d) The following buildings or uses, if located not less than ten feet from any adjoining premises in a Residence District not used for a similar purpose:
(1) Dormitories.
(2) Private clubs operated for the benefit of members only.
(3) Lodges or social buildings and their grounds, except those a chief activity of which is one customarily carried on primarily for gain.
(4) Police stations, fire stations.
(5) Other public buildings or properties of a character not customarily conducted as a gainful business.
(e) The following buildings and uses if located not less than fifteen feet from any adjoining premises in a Residence District not used for a similar purpose:
(1) Public libraries, public museums.
(2) Public or private schools or colleges, including accessory laboratories, not conducted as a gainful business.
(3) Kindergartens, day nurseries, children's boarding homes.
(4) Fraternity houses, sorority houses.
(5) Hospitals, sanitariums, nursing, rest or convalescent homes, not primarily for contagious diseases nor for the care of epileptics or drug or liquor patients, nor for the care of the insane or feeble-minded.
(6) Orphanages.
(7) Homes for the aged and similar homes.
(8) Charitable institutions not for correctional purposes.
(f) Accessory uses permitted in a Multi-Family District.
(Ord. No. 83-52. Passed 5-14-52, eff. 5-19-52)
337.081 Downtown Residential (DR) District
(a) Purpose. A Downtown Residential (DR) District is established to reserve suitably-located sites for development or retention of residential uses, supplemented by compatible retail or office uses, within the downtown area of the City of Cleveland. Reservation of such sites for residential use is intended to strengthen the economy of the City's central business district by supplementing the demand for retail and entertainment uses, particularly during evening and weekend hours. Establishment of a downtown residential zoning district is also intended to protect residential uses in the downtown area from detrimental effects of incompatible uses.
(b) Definition of Residential Use. For purposes of this section, the term "residential use" shall refer to dwelling units, hotel rooms, dormitory rooms, live/work space, and all hallways and other common areas serving such units or rooms.
(c) Permitted Uses. In a Downtown Residential (DR) District, permitted uses shall be limited to the following, provided that at least fifty-one percent (51%) of all floor area devoted to main uses in each main building or complex of main and accessory buildings shall be in residential use, as defined in division (b) of this section:
(1) residential uses: including "Class A" multiple dwellings, townhouse buildings and dormitories,
(2) professional, business, governmental, institutional and medical offices,
(3) restaurants, taverns and other eating establishments,
(4) retail stores and retail services, except as prohibited in division (d) of this section,
(5) theaters, nightclubs, dance halls, bowling alleys, skating rinks and other places of entertainment and recreation, except as prohibited in division (d) of this section,
(6) banks and other financial service establishments, copying and printing services, employment agencies, and other business service establishments, except as prohibited in division (d) of this section,
(7) museums, libraries, galleries, schools, places of worship, daycare centers, and other cultural and institutional uses, not for correctional purposes,
(8) parking and other accessory uses permitted in Multi-Family and General Retail Districts, and rooftop antennae and associated equipment for transmission or reception,
(9) uses similar to those permitted with respect to the type of goods sold, the type of services offered, hours of operation, and effects on nearby residential uses.
(d) Prohibited Uses. All uses not listed as permitted nor determined to be a similar use are prohibited. In addition, the following uses are specifically prohibited in Downtown Residential (DR) Districts:
(1) uses permitted only in an Industrial District,
(2) service stations, service garages, and car washes ("automobile laundries"), except as an accessory use to a multiple dwelling, where such services are available exclusively to residents to the multiple dwelling and for which no exterior signs are displayed,
(3) adult entertainment uses, as defined in Section 347.07 of this Code,
(4) animal kennels and establishments in which animal slaughtering is conducted.
(e) Limitation on Parking. In Downtown Residential (DR) Districts, parking shall be permitted as an accessory use but shall be limited to a maximum of two (2) parking spaces per dwelling unit plus the minimum number of parking spaces that would be required for any non-residential floor area, if such property were subject to the parking requirements of this zoning code.
(f) Limitation on Location of Non-Residential Main Uses. In Downtown Residential (DR) Districts, no building shall be devoted exclusively to retail, office, or other permitted non-residential main uses. Such uses shall be located only in buildings which are devoted principally to residential use or to garages providing parking for the residential uses.
(g) Exceptions to Yard Regulations. Requirements for interior side yards and rear yards may be waived by the Board of Zoning Appeals in Downtown Residential (DR) Districts if the Board determines that one of the following factors applies:
(1) the subject property owner has obtained a legal interest from an adjoining property owner to provide yard areas which are equivalent to those required_such legal interest to be properly recorded, to be of appropriate duration and to be filed with the Division of Building and Housing prior to issuance of a Building Permit;
(2) no windows for residential uses are located in any side of the building where the required yard area is not provided; or
(3) development of a structure on an adjoining property, so as to block adequate light and air to windows for residential uses, is made infeasible by topography, natural features or other factors identified by the Board.
(h) Area Regulations. Regulations of Section 355.04 regarding "minimum lot area per dwelling unit" and the ratio of "maximum gross floor area to lot area" shall not apply in Downtown Residential (DR) Districts.
(i) Nonconforming Uses and Buildings. Legally established nonconforming uses located in a Downtown Residential (DR) District may be continued in accordance with the regulations of Chapter 359 of the Zoning Code. In addition, within a DR District, any building which does not meet the minimum requirement for proportion of floor area in residential use shall be governed by the following regulations with regard to changes in use:
(1) Any existing non-residential use may be replaced by any use permitted in the DR District, without action by the Board of Zoning Appeals.
(2) Any vacant space in which the immediate prior use was non-residential may be occupied by any use permitted in the DR District, without action by the Board of Zoning Appeals.
(j) Signs. In a Downtown Residential District, signs shall be permitted as in a General Retail District.
(Ord. No. 338-97. Passed 3-26-01, eff. 4-2-01)
337.09 Purpose of Residence-Office Districts
A Residence-Office District is established in order to provide a zoning use district where apartment houses and administrative and professional office buildings and similar uses may be located as compatible land uses. The height, area, yard and court regulations of this Zoning Code are the same for residential and nonresidential uses. Off-street parking is required of all uses permitted in the district. Thus, a district is provided within which the related uses can function effectively and at the same time protecting the residential amenities of adjoining Residence Districts.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.10 Permitted Buildings and Uses in Residence-Office Districts
In a Residence-office District the following buildings and uses are permitted, provided that no sales, display or warehousing of merchandise shall be permitted on the premises:
(a) Apartment houses.
(b) Apartment hotels.
(c) The following, if located at least fifteen feet from the lot lines where the adjoining premises are not used for similar purposes:
(1) Administrative and professional office buildings.
(2) Hospitals, sanitariums, nursing, rest or convalescent homes, homes for the aged and clinics provided that none of these uses are operated primarily for abortions, the care of contagious diseases, the insane or feeble-minded, epileptics, drug or liquor patients.
(3) Junior or senior high schools, colleges and universities that are nonprofit.
(4) Dormitories, fraternity or sorority houses when related to an existing nonprofit public or private school, college or university located within the same Residence-Office District.
(5) Police and fire stations and other administrative governmental buildings.
(6) Nonprofit libraries and museums.
(7) Kindergartens, day nurseries, children's boarding homes, orphanages and other child care centers.
(8) Public utility buildings, provided that no storage yard or building shall be operated in connection therewith.
(9) Research laboratories not involving the manufacture, fabrication, processing or sale of products on or off the premises, provided that such does not create or emit offensive or noxious odors, fumes, dust, smoke, gas, noise or other similar air pollutants.
(10) An accessory ethical pharmacy used in connection with and for the exclusive use of the patients in a medical office building or any other permitted use devoted to medical care, provided that there shall be no display or advertising sign visible from the exterior of the building, and further that access to such pharmacy shall be had from within the main building only.
(11) Nonprofit lodges.
(12) Charitable institutions not for correctional purposes.
(d) Accessory uses as permitted and as regulated by divisions (a)(8), (a)(9) and (11) of Section 337.23.
(Ord. No. 2215-96. Passed 4-7-97, eff. 4-7-97; Reprinted 7-2-97 CR)
337.11 Residence-Office District Off-Street Parking
In a Residence-Office District, every building or structure erected, altered or remodeled and every use of land occupied on or after December 16, 1959, shall provide the total number of accessory off-street parking spaces as required by this Zoning Code.
(0rd. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.12 Parking Plan to Accompany Building Permit Application
An application for a building permit shall not be approved unless a parking plan is submitted with it that shows the location, dimensions and grades of all required parking spaces and approaches thereto in accordance with the provisions of Sections 337.11 to 337.21.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.13 Required Parking Spaces
Accessory off-street parking spaces shall be provided and maintained in accordance with the requirements set forth in the following table:
For the purpose of determining the amount of accessory off-street spaces required, "gross floor area" means the total area of all the floors in a building or structure, excluding basement space used for storage or utilities, measured from the exterior faces of exterior walls.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.14 Location of Required Off-Street Parking Space
Except as provided by this section, the required accessory off-street parking space shall be located on the same lot as the use for which it is provided. All such parking spaces shall be located behind the setback building line. No such parking space shall be located within ten feet of any wall of a building or structure if such wall contains ground floor openings designed to provide light or ventilation for such building structure.
The Board of Zoning Appeals may permit as a special exception the location of required accessory off-street parking spaces on a separate lot if the Board finds all of the following:
(a) That there is no way to provide such parking spaces on the same lot as the use;
(b) That for a permitted apartment house, such parking spaces are within 200 feet of or for any other permitted use, within 400 feet of the nearest boundary of the lot upon which the use is located measured by a straight line between the two points;
(c) That the separate lot upon which such parking spaces are provided is in the same ownership as the permitted use, and is subject to deed restrictions recorded in the office of the County Recorder binding the owner, his heirs and assigns to maintain and provide for the required number of such parking spaces throughout the life of such use in accordance with the provisions of this Zoning Code; and
(d) That the Commissioner of Traffic Engineering and Parking has caused a study to be made of the proposed location and finds that safe and adequate access can be provided and that the potential traffic will not be injurious or detrimental to the adjoining streets.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.15 Joint Off-Street Parking Facilities
Accessory off-street parking spaces required of two or more uses located on the same lot or parcel may be combined and used jointly by such uses, provided that the parking spaces provided shall be equal to the total number of accessory off-street parking spaces required by all such uses.
(0rd. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.16 Sale of Fuel and Repairs
The sale of automotive fuels and accessories and the furnishing of repairs or service of any kind for motor vehicles shall not be permitted.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.17 Size of Off-Street Parking Space
Each accessory off-street parking space shall have a minimum unobstructed area of 300 square feet. Where driveways are required to provide accessibility to the parking spaces, they shall have an unobstructed width of at least twenty feet.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.18 Access and Maintenance to Off-Street Parking Spaces
(a) Accessory off-street parking spaces, driveways and maneuvering areas shall be properly graded for drainage so that all water is drained within the lot providing such parking spaces, surfaced with concrete, asphaltic concrete, asphalt or similar surfacing material, maintained in good condition and free of debris and trash.
(b) Accessory off-street parking spaces shall be provided with wheel or bumper guards that are so located that no part of a parked vehicle will extend beyond such parking space.
(c) The driveway used to provide accessibility to accessory off-street parking spaces shall be so located and arranged to minimize traffic congestion.
Therefore:
(1) Only one such driveway shall be permitted for each 100 feet of frontage of the use providing such parking spaces.
(2) The center line of such driveway shall be at least thirty feet from the right-of-way line of any intersecting street where the driveways and intersecting street are on the same side of a street.
(3) The maximum width of such driveway shall be thirty feet measured at right angles to the angle of the driveway entrance. Such driveway shall have an apron of six feet radius at the curb, and provide a means for motor vehicles to enter and leave the parking facilities without obstructing traffic.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.19 Reserved
Note: Former Section 337.19 was repealed by Ord. No. 3077-A-89, passed 6-17-91, eff. 7-27-91.
337.20 Lighting for Off-Street Parking Spaces
Where lighting is provided for accessory off-street parking spaces, it shall be constructed and arranged so as to prevent the direct emission of light upon adjoining lots or the public streets.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.21 Height, Area, Yard and Court Requirements for Residence-Office Districts
Except as provided in Section 337.10, every building or structure hereafter erected or altered in any way, in a Residence-Office District, shall comply with the height, area, yard and court regulations applicable to Class A Multiple Dwellings and Multi-Family District.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.22 Performance Bond and Enforcement; Residence-Office Districts
(a) When application for a building permit is made to erect or alter a building or structure within a Residence-Office District, the applicant shall deposit with the Commissioner of Building a performance bond or a sum of money sufficient to cover the cost of providing the required off-street parking in accordance with the provisions of Sections 337.11 to 337.21. The performance bond shall be approved as to form and sufficiency by the Director of Law and shall be in effect until a certificate of compliance is issued by the Commissioner.
(b) If construction is not carried out in accordance with the provisions of Sections 337.11 to 337.21, the applicant shall within thirty days after notice by the Commissioner comply with the sections. If the applicant does not comply, the Commissioner shall proceed to have the work done and charge all cost and expense for the work against the performance bond or the deposit filed by the applicant as herein set forth.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
337.23 Accessory Uses in Residence Districts
(a) Permitted Accessory Uses. The following accessory uses and buildings are permitted in a Residence District. Such permitted accessory buildings shall be located on the rear half of the lot, a minimum of eighteen inches from all property lines and at least ten feet from any main building on an adjoining lot in a Residence District. Accessory buildings shall not occupy more than forty percent (40%) of the area of the required rear yard and, in the case of a corner lot, shall be located back of any required setback or specific building line. For side street yard regulations consult Sections 357.05 to 357.07.
(1) Within a main building, the office of a surgeon, physician, clergyman, architect, engineer, attorney or similar professional person residing in such main building and employing in the office not more than one nonresident office or laboratory assistant.
(2) Customary home occupation for gain carried on in the main building or in a rear building accessory thereto and requiring only customary home equipment; provided that no nonresident help is employed for that purpose, no trading in merchandise is carried on and no personal physical service is performed and, in a Limited One-Family District or in a One-Family District, no sign or other outward evidence of the occupation is displayed on the premises.
(3) In agricultural or undeveloped territory, farms, truck gardens, nurseries or greenhouses, and accessory stables, poultry enclosures, rabbit warrens and beehives conforming to the applicable limitations and restrictions included in Section 347.02, provided such enterprise is not operated for the sale of products not produced on the premises.
(4) Stables or enclosures for not more than four horses, and enclosures for poultry, pigeons, rabbits or bees, conforming in all locations to the applicable limitations and restrictions included in Section 347.02.
(5) Private incinerators for the burning of refuse and garbage produced on the same premises, provided that the construction is such as to assure immediate and complete combustion and freedom from offensive smoke, ash, unburned particles and odors, and a permit therefor is granted by the Commissioner of Environment.
(6) Fences and walls, as regulated in Chapter 358.
(7) Garages and parking spaces for the occupants of the premises and, when the premises are used for other than residence purposes, for their employees, patrons and guests.
A. In a Dwelling House District the floor area of a private garage erected as an accessory building shall not exceed 650 square feet unless the lot area exceeds 4,800 square feet in which event the floor area may be increased in the ratio of one square foot for each twelve square feet of additional lot area.
B. In Multi-Family Districts, garages and parking spaces erected or established as accessory uses shall be subject to the restrictions specified in Sections 343.19 to 343.21 and Chapter 349.
(8) Garage Sale or other Residential Property Sales, as defined in Section 676B.01(a), as long as they conform to the provisions in Chapter 676B.
(9) Signs permitted in accordance with the requirements of Chapter 350.
(10) Any other accessory use customarily incident to a use authorized in a Residence District except that no use prohibited in a Local Retail Business District shall be permitted as an accessory use.
(b) Accessory Building Erected Prior to Erection of Main Building. An accessory building may be erected prior to the construction of the main building only if:
(1) The accessory building is erected on the rear half of the lot.
(2) The accessory building is so placed as not to prevent the practicable and conforming location of the main building.
(3) The main building is completed within two (2) years from the date of issuance of the permit for the accessory building.
(Ord. No. 1811-2000. Passed 2-12-01, eff. 2-20-01)
337.24 Nursing Homes, Convalescent Homes, Old Folks Homes, Homes for the Aged and Rest Homes
(a) Except as provided in Sections 329.01 and 329.04, no nursing home, convalescent home, old folks home, home for the aged, rest home or similar use shall hereafter be erected nor shall any such existing structure, building or use be hereafter altered or remodelled to provide for any increase in occupancy, or to affect a change in occupancy classification, in a one- and two-family use district without complying with the following requirements:
(1) Each such use shall have a minimum lot size of 20,000 square feet, and no less than 800 square feet of lot area per patient.
(2) Each such use shall have a minimum frontage of 200 feet in single-family and two-family residential districts.
(3) Each such use shall have a side yard of no less than thirty feet on each side.
(4) Each such use shall have a landscaped front yard of no less than thirty-five feet, and where no off-street parking may be maintained.
(5) Each such structure or building shall be no more than a maximum of two stories in height.
(6) Each such use shall provide space on the premises to the rear of the structure or building for the parking or garaging of motor vehicles so that there shall be one such space for each professional staff member, including doctors and nurses, one space for each three other employees and one space for each six beds.
(7) Each such use shall provide permitted compact evergreen planting or a permitted masonry wall or fence to a height of five feet above grade level along both side lot lines and the rear lot line.
(b) The provisions herein shall apply, notwithstanding any other provisions of this Zoning Code.
(Ord. No. 1242-65. Passed 7-12-65, eff. 7-15-65)
337.25 Design Review for New Housing
No Building Permit shall be issued for the new construction of a residential building without approval of the City Planning Commission, which shall consider such proposal in accordance with the following design standards and regulations, as well as in accordance with any other standards established in these codified ordinances residential development. New construction of a residential building under this section shall include prefabricated structures as well as all site construction.
(a) Applicability. This section shall apply only to the new construction of any building for which a majority of the floor area, not including floor area devoted to accessory uses, is occupied by dwelling units. This section shall not apply to the alteration, expansion, conversion or demolition of a building.
(b) Design Standards. The City Planning Commission shall act to ensure that new construction of a residential building is visually compatible with nearby properties with respect to such design elements as scale, height, setback, spacing, orientation to existing streets, roof lines, architectural style, materials, colors, inclusion of porches, and placement of garages and pedestrian entrances. In evaluating new construction under this section, the Commission shall apply the highest standards of architectural design.
(c) Administrative Approval. The Secretary of the City Planning Commission may act on behalf of the Commission to approve new construction of a residential building subject to the standards in division (b) of this section. The Commission shall adopt regulations governing when the Secretary may so act.
(d) Landmark Districts. Nothing in this section shall be construed to require City Planning Commission approval for new construction of a residential building located within a designated Landmark District. Such proposal shall be subject to review and approval by the Landmarks Commission in accordance with applicable regulations.
(e) When plans for new construction are submitted to the City Planning Commission for review, the City Planning Commission staff shall send a written notice of the plan submission to the Council Member in whose ward the new construction is located. If plans are not submitted to the Planning Commission, then when plans are submitted to the Department of Building and Housing as part of a permit application, the Department of Building and Housing staff shall send a written notice of the permit application to the Council Member in whose ward the new construction is located.
(Ord. No. 852-02. Passed 5-12-03, eff. 5-21-03)