CROSS REFERENCES
Building zone maps, CO Ch 331
University (College) Retail Districts: permitted uses, location, CO 343.06 et seq.
(a) In keeping with its general policy of encouraging the best possible development of the City, Council feels that it is essential to the economic soundness and welfare of the City that the attractiveness of certain areas be enhanced and protected. The economic and social welfare of the City requires reasonable controls over the character, design, placement and relationship of buildings and structures adjoining and in the neighborhood of the Mall, public parks and other public open spaces. The people of the City have invested large sums of money in the development and maintenance of the Mall, public parks and other public open spaces, which investment has in itself enhanced the value of adjoining and neighboring lands.
Therefore, it is declared to be the policy of the City that reasonable controls over the character and design of buildings and structures adjoining or in the neighborhood of the Mall, public parks and other public open spaces within the City in order to provide and protect the light and air available for these areas, thus promoting the public health, safety, morals, comfort, prosperity and general welfare.
(b) Pursuant to division (a) of this section, Public Land Protective District is hereby created, bounded and described as follows:
PUBLIC LAND
PROTECTIVE DISTRICT
Beginning at the intersection of the center line of East 13th Street and the center line of Superior Avenue, N.E.;
Thence Southwesterly along said center line of Superior Avenue, N.E. to its intersection with the center line of East 9th Street;
Thence Southeasterly along said center line of East 9th Street to its intersection with the center line of Vincent Avenue, N.E.;
Thence Southwesterly along said center line of Vincent Avenue, N.E. to its intersection with the center line of East 6th Street;
Thence Southeasterly and Southerly along said center line of East 6th Street to its intersection with the center line of Euclid Avenue;
Thence Westerly along said center line of Euclid Avenue to its intersection with the center line of the Southerly side of Public Square;
Thence Southwesterly along said center line of the Southerly side of Public Square to its intersection with the center line of Ontario Street;
Thence Southeasterly along said center line of Ontario Street and continuing Southeasterly along the center line of Broadway to its intersection with the center line of Scranton Road, S.E.;
Thence Southwesterly and Northwesterly along said center line of Scranton Road, S.E. to the center line of the Cuyahoga River;
Thence Northerly and Westerly along said center line of the Cuyahoga River to its intersection with the center line of the Carter Road Bridge;
Thence Northwesterly along said center line of the Carter Road Bridge to its intersection with the the center line of Canal Road;
Thence Westerly along said center line of Canal Road to its intersection with the center line of Columbus Road;
Thence Southwesterly along said center line of Columbus Road to its intersection with the center line of West Street;
Thence Northwesterly along the center line of West Street to its intersection with the center line of Merwin Street;
Thence Southwesterly along said center line of Merwin Street to its intersection with the center line of Center Street;
Thence Northwesterly along said center line of Center Street to its intersection with the center line of the Cuyahoga River;
Thence Southwesterly and Southeasterly along said center line to its intersection with the center line of the Columbus Road Bridge;
Thence Southwesterly along said center line of the Columbus Road Bridge and Columbus Road to the center line of the Hope Memorial Bridge;
Thence Westerly along said center line of the Hope Memorial Bridge to the center line of West 25th Street;
Thence Northerly along the center line of West 25th Street to its intersection with the center line of West Superior Avenue;
Thence Northeasterly along said center line of West Superior Avenue and the Superior Viaduct and along its Northeasterly prolongation to its intersection with the Northwesterly prolongation of the center line of West Superior Avenue;
Thence Northeasterly along said prolongation of the center line of West Superior Avenue and along said center line of West Superior Avenue to its intersection with the center line of West 10th Street;
Thence Northwesterly and Northerly along said center line of West 10th Street to its intersection with the center line of West St. Clair Avenue, N.W.;
Thence Westerly along said centerline of West St. Clair Avenue N.W., to its intersection with the center of West 10th Street;
Thence Northwesterly and Northerly along said center line of West 10th Street to its intersection with the center line of Front Avenue;
Thence Westerly along said center line of Front Avenue N.W. to its intersection with the center line of the Cuyahoga River;
Thence Northerly along said center line of the Cuyahoga River to its intersection with the shore line of Lake Erie;
Thence following the shore line of Lake Erie in an Easterly direction to its intersection with the Northwesterly prolongation of the center line of East 13th Street;
Thence Southeasterly along said Northwesterly prolongation and along said center line of East 13th Street to the place of beginning, and as outlined in red on the map hereto attached be and the same is now defined as the Public Land Protective District.
(Ord. No. 958-99. Passed 6-7-99, eff. 6-16-99)
In accordance with the policy of enhancing the development of the City as set forth in this Zoning Code, Council deems it essential to the economic soundness of public expenditures and in the interest of the general social and economic welfare to protect property values and to maintain a high character of community development in areas adjoining and in the neighborhood of Cleveland State University and in the immediate areas connecting Cleveland State University to the Mall Public Land Protective District. In furtherance of the basic principles set forth in Section 341.01, properties which receive a special benefit from the expenditure of public moneys receive an enhancement in value separate and distinct from the rest of the community, and it is in the interest of the general health, safety and welfare for the City to require these benefited properties to abide by reasonable controls over the character, design, placement and relationship of buildings and structures immediately affecting the use of designated public areas.
Therefore, it is the policy of the City that reasonable controls over the character and design of buildings and structures adjoining or in the neighborhood of Cleveland State University or which connect such area to the Mall Public Land Protective District are essential for the promotion of the public health, safety, property, comfort and the general social and economic welfare of the City, and in furtherance thereof the Cleveland State University Public Land Protective District is hereby created.
(b) Pursuant to subsection (a) hereof, a Euclid-Cleveland State University Land Protective District is hereby created, bounded and described as follows:
Beginning at the intersection of the center line of East 9 Street and the center line of Superior Avenue. N.E.; thence northeasterly along said center line of Superior Avenue N.E. to its intersection with the center line of East 13 Street; thence northwesterly along said center line of East 13 Street to its intersection with a line located one hundred (100) feet northwest of the northwesterly line of Superior Avenue, N.E.; thence northeasterly along said line which is parallel to and one hundred (100) feet northwest of said northwesterly line of Superior Avenue, N.E. to its intersection with the center line of the Inner Belt Freeway; thence southerly and southwesterly along said center line of the Inner Belt Freeway to its intersection with the center line of Broadway; thence northwesterly along said center line of Broadway to its intersection with the center line of Carnegie Avenue. N.E.; thence southwesterly along said center line of Carnegie Avenue, N.E. to its intersection with the center line of East 4 Street; thence northwesterly along said center line of East 4 Street to its intersection with the center line of Broadway; thence northwesterly along said center line of Broadway to its intersection with the center line of Ontario Street. N.E.; thence northwesterly along said center line of Ontario Street, N.E., to its intersection with the center line of the southerly side of Public Square; thence northeasterly along said center line of the southerly side of Public Square to its intersection with the center line of Euclid Avenue; thence northeasterly along said center line of Euclid Avenue to its intersection with the center line of East 6 Street; thence northerly and northwesterly along said center line of East 6 Street to its intersection with the center line of Vincent Avenue N.E.; thence northeasterly along said center line of Vincent Avenue, N.E. to its intersection with the center line of East 9 Street; thence northwesterly along said center line of East 9 Street to the place of beginning, and as outlined in red in the map hereto attached, be and the same is now defined as the Euclid-Cleveland State University Land Protective District.
(Ord. 199-88. Passed 3-21-88, eff. 3-25-88)
In accordance with the policy of enhancing the development of the City as set forth in the Zoning Code. Council deems it essential to the general health, safety, and welfare that the public investments in the lakefront airport, public utilities, and public parks be protected; that a high quality of design and development of properties surrounding these public investments be maintained; and that development incompatible with the safe and efficient operations of the City's lakefront airport be prohibited.
Therefore, in furtherance of the basic principle set forth in Section 341.01 of these codified ordinances that reasonable controls over the character and design of buildings and structures adjoining these public properties and facilities are essential for the promotion of the public health, safety, property, comfort and the general social and economic welfare of the City, the Cleveland Lakefront Public Land Protective District is created as described below.
The Cleveland Lakefront Public Land Protective District
Beginning at the intersection of the center line of Lake Avenue, N.W. and the center line of West Boulevard, N.W.; thence northeasterly along said center line of West Boulevard, N.W. to the center line of Cliff Drive, N.W; thence northwesterly along said center line of Cliff Drive, N.W. and along its northwesterly prolongation to its intersection with the southeasterly line of Permanent Parcel No. 001-04-009; thence northeasterly along said southeasterly line of said Permanent Parcel No. 001-04-009 and along its northeasterly prolongation to its intersection with the shoreline of Lake Erie: thence southeasterly, northerly, southeasterly, northwesterly and northeasterly along said shoreline of Lake Erie to its intersection with the westerly line of the Breakwall; thence northerly along said westerly line of the Breakwall to its intersection with the northwesterly line of said Breakwall; thence northeasterly along said northwesterly line of said Breakwall and continuing northeasterly following the most northwesterly line of said Breakwall and or shoreline of Lake Erie to its intersection with the northerly prolongation of the City Line separating the City of Cleveland and the Village of Bratenahl; thence southerly along said northerly prolongation and along said City Line separating the City of Cleveland and the Village of Bratenahl and along its southerly extension to its intersection with the southeasterly line of the New York Central (Lake Shore and Michigan Southern Railway) Railroad; thence southwesterly along said southeasterly line of said New York Central (Lake Shore and Michigan Southern Railway) Railroad to its intersection with the northwesterly extension of the center line of East 33 Street; thence southeasterly along said northwesterly extension and along said center line of East 33 Street to the center line of the Innerbelt Freeway ramp at King Avenue, N.E.; thence southwesterly along said center line of said Innerbelt Freeway ramp at King Avenue, N.E. to the center line of said Innerbelt Freeway; thence southeasterly along said center line of said Innerbelt Freeway to its intersection with the southeasterly line of the Pennsylvania Railroad; thence southwesterly along said southeasterly line of said Pennsylvania Railroad to said southeasterly line of New York Central Railroad; thence continuing southwesterly along said southeasterly line of said New York Central Railroad to its intersection with the center line of Lake Avenue, N.W.; thence northwesterly along said center line of Lake Avenue, N.W. to the place of beginning and as outlined in red on the map attached to the enacting ordinance be and the same is now defined as the Lakefront Public Land Protective District.
(Ord. No. 1282-06, § 3. Passed 11-27-06, eff. 1-6-07)
Note: Sections 4 through 8 of Ordinance No. 452-01, passed June 19, 2001, effective July 29, 2001, read as follows:
Section 4. That said changed designation of lands described in Section 341.021(a) of the Codified Ordinances of Cleveland, Ohio, 1976 as enacted above, shall be identified as Map Change No. 2027, Sheet Nos. 1, 4, and 5 and shall be made upon the Building Zone maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for such purpose by the City Planning Commission.
Section 5. That said changed designation of lands described in Section 341.021(b) of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted above, shall be identified as Map Change No. 2028, Sheet No. 13 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for such purpose by the City Planning Commission.
Section 6. That the Use, Area, and Height Districts of lands bounded and described as follows,
Beginning at the intersection of the easterly line of Permanent Parcel No. 009-32-061 and the southwesterly Limited Access Line of State Route 176; thence southeasterly along said southwesterly limited access line of said State Route 176 to its intersection with the easterly prolongation of the southerly line of Permanent Parcel No. 009-32-074; thence westerly along said easterly prolongation of said southerly line of said Permanent Parcel No. 009-32-074 to its intersection with the easterly line of said Permanent Parcel No. 009-32-074 to its intersection with the easterly line of said Permanent Parcel No. 009-32-074; thence northerly along said easterly line of said Permanent Parcel No. 009-32-074 and continuing northerly along the easterly lines of Permanent Parcel Nos. 009-32-073, 009-32-072, 009-32-071, 009-32-069, 009-32-068, 009-32-067, 009-32-066, 009-32-065, 009-32-064, 009-32-063, 009-32-062, and 009-32-061, to the place of beginning and as outlined in red on the map hereto attached be and the same are hereby changed to a One Family Use District, an `A' Area District, and a `1' Height District.
Section 7. That said changed designation of lands described in Section 1 shall be identified as Map Change No. 2029, Sheet No. 6 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for such purpose by the City Planning Commission.
Section 8. That the Clerk of Council shall create a legislative file, File No. 452-01-A, to contain the various documents that were presented to this Council during the consideration of this legislation, which shall include, without limitation, each of the following: the proposed settlement agreement between the City of Cleveland and Eller Media, two summaires of this legislation, the document labeled "Eller Media Company Billboard Upgrades in the City of Cleveland", the map and listing of "Gateway Locations" relating to billboards that will be removed under the proposed settlement agreement, and the map showing the approximate location of the thirteen billboard sites that will be available along freeways under the regulations of this ordinance. The City Planning Commission shall maintain a copy of this map in its offices and the map shall be updated to reflect the locations of installed billboards along freeways and the remaining available sites.
(a) Purpose and Establishment. The University Circle Design District (UCDD) is established as a Public Land Protective District to safeguard public and community investments in the institutions and parks of the University Circle area, while promoting development of well-designed commercial, residential, and institutional uses in the district. Review and oversight of the character, design, and placement of buildings, structures, roadways, and open spaces, as required for properties located within the district, is fundamental to fostering positive growth and social welfare of the community and is critical to ensuring development of a premiere urban district in University Circle.
(b) Boundaries and Mapping. The boundaries of the UCDD shall be established and amended by ordinance of City Council and shall be shown on the Zoning Map of the City of Cleveland as an overlay district, supplementing the underlying zoning districts.
(c) Administration. Building Permit applications for properties located within the UCDD shall be reviewed and approved in accordance with the regulations of this chapter pertaining to Public Land Protective Districts. The University Circle Design Review Advisory Committee shall review building permit applications in meetings that are open to the pubic and shall make recommendations to the Commission. In making its recommendations to the Commission, the Advisory Committee shall consider any recommendations provided by the University Circle Architectural Review Board and other organizations and individuals offering comment.
(d) Advisory Committee. The University Circle Design Review Advisory Committee shall be composed of at least seven and no more than nine voting members appointed by the City Planning Commission. A majority of the members shall be design professionals with expertise in architecture, landscape architecture, historic preservation, urban planning, public art, or graphic design. Members who are not design professionals shall be representatives of organizations or businesses in the District or residents of the District. The City Planning Commission shall appoint those members who are not design professionals from nominations made to the Commission by the City Council members representing wards that are located in whole or in part within the boundaries of the District. The Advisory Committee shall hold at least two regularly scheduled meetings each month, unless there is no business to conduct. A majority of the Advisory Committee's membership shall constitute a quorum, without which no votes may be taken. Any recommendation regarding an application shall require the affirmative vote of a majority of the members present.
(e) Approvals. Applications subject to the provisions of the UCDD shall be approved by the City Planning Commission or by its Director acting on behalf of the Commission, pursuant to rules established by the Commission. Within thirty (30) days of receipt of a complete application by the City Planning Commission office, the University Circle Design Review Advisory Committee shall recommend approval, approval with conditions, or disapproval of the application, unless the applicant agrees to an extension. Within thirty (30) days of action by the Advisory Committee, or expiration of its action period, the City Planning Commission or its Director shall approve, approve with conditions, or disapprove the application, unless the applicant agrees to an extension.
(Ord. No. 1766-06. Passed 12-11-06, eff. 12-15-06)
The boundaries of a Public Land Protective District shall be established by ordinance of Council and shown on the Building Zone Maps of the City of Cleveland, which shall be deemed to accompany, and are hereby made part of this Zoning Code.
(Ord. No. 1459-66. Passed 9-26-66, eff. 9-29-66)
No building or structure within a Public Land Protective District shall be constructed, reconstructed, altered, moved, extended, razed, enlarged or changed in external appearance unless and until the plans and specifications of such building or structure and the landscaping plans for the premises on which it is to be located have been approved by the Planning Commission, and then only in accordance with the terms of such approval. In addition to architectural plans, plot plans and landscaping plans, the materials submitted shall include front elevations of all structures plus elevations or perspective drawings showing proposed structures and all existing structures within 500 feet of the proposed structure and on the same side of the street.
(Ord. No. 393-58. Passed 5-12-58, eff. 6-22-58)
In its review of the plans and specifications set forth in Section 341.04, the Planning Commission shall examine the architectural design, the exterior surface treatment, the arrangement and location of the buildings and structures on the site in question, as well as their relationship to other buildings and structures within the Public Land Protective District, and all other factors that affect the appearance of the District. The Commission shall endeavor to assure that the exterior appearance of such buildings and structures will:
(a) Enhance the attractiveness and desirability of the District in keeping with its purpose and intent;
(b) Encourage the orderly and harmonious development of the District in keeping with the character of the District;
(c) Improve residential amenities in any adjoining residential neighborhood; and
(d) Enhance and protect the public and private investment and the value of all land and improvements within the adjoining district.
In the performance of its duties the Commission shall not attempt to prescribe the style of architecture so long as the architectural style and design under consideration meet the standards set forth above.
(Ord. No. 393-58. Passed 5-12-58, eff. 6-22-58)
(a) In considering a request to demolish or move a building or other structure located within a Public Land Protective District, the City Planning Commission shall consider the following factors in making its decision to approve or disapprove the request:
(1) the architectural and historic significance of the subject building or structure;
(2) the significance of the building or structure in contributing to the architectural or historic character of its environs;
(3) the relationship between the location of the subject building or structure and its overall significance (in the case of a request to move a building or other structure);
(4) the present and potential economic viability of the subject building or structure, given its physical condition and marketability;
(5) if the demolition will remedy conditions imminently dangerous to life, health or property, as determined in writing by the Division of Building and Housing, the Division of Fire or the Department of Public Health; and
(6) the results of the review made pursuant to Section 341.05 of the plans and specifications for the proposed re-use of the site;
(b) The City Planning Commission may delay action, for a period of not more than six (6) months, on the demolition or moving of a building which it deems to be significant, in order to allow economic viability studies to be conducted, as well as to allow interested parties the opportunity to explore alternatives to the proposed action. At the end of such period, the Commission shall either approve or disapprove the request to demolish or move, or may choose to delay action for a second and final period of not more than six (6) months if the Commission determines that this additional time period may be useful in securing an alternative to the proposed demolition or moving. At the end of such second and final period, the Commission shall either approve or disapprove the request to demolish or move.
(Ord. No. 959-95. Passed 6-19-95, eff. 6-28-95)
Note: Former Section 341.051 was enacted by Ord. No. 285-91, passed 3-4-91, effective 3-4-91, and repealed by Ord. No. 1382-91, passed 6-3-91, eff. 6-11-91. See Section 301.01.
(a) Purpose. The regulations of this section are established to achieve, among others, the following purposes.
(1) ensuring the continued economic viability of retail corridors that depend on the patronage of customers who seek a shopping environment that is convenient and comfortable for pedestrians;
(2) enhancing the vitality of downtown streets, thereby strengthening the district's attractiveness as a location for residences, offices and tourism;
(3) increasing the marketability of housing located on upper floors of historic buildings in the district;
(4) providing necessary retail services to downtown residents and office workers;
(5) reducing traffic congestion by allowing downtown residents and employees to patronize retail businesses by walking rather than by traveling in automobiles or other vehicles;
(6) furthering economic development in the City of Cleveland and providing additional employment for City residents.
(b) Applicability. The regulations of this section shall apply to the ground floor or "street-level floor area" of any property located both in the Public Land Protective District and in a Retail Business District on a "pedestrian-oriented shopping street," as defined herein. No use in such location shall be established or changed except in accordance with the provisions of this section.
(c) Pedestrian-Oriented Shopping Street. A "pedestrian-oriented shopping street" is any side of any block of a street characterized by a predominance of retail businesses situated at or near the public sidewalk. The City Planning Commission shall prepare and adopt a map designating pedestrian-oriented streets within the area to which the regulations of this section apply. The Planning Commission shall review and update that map periodically. The Planning Commission shall also consider for designation as a pedestrian-oriented shopping street any block that is designated for retail use in the adopted general plan for the development and improvement of the City, regardless of the current uses located on that block.
(d) Referral by Division of Building and Housing. The Division of Building and Housing shall refer to the City Planning Commission any application for establishment or change of a ground floor use in a building located both in the Public Land Protective District and in a Retail Business District.
(e) Planning Commission Determination. Upon receipt of an application to establish a new street-level use in a location subject to the provisions of this section, the City Planning Commission shall determine whether the space is located on a pedestrian-oriented street and whether the proposed use is permitted by the regulations of this section. The Commission shall make its determination within thirty (30) days of receipt of a complete application, unless the applicant approves an extension of time.
(f) Prohibited Uses. Street-level floor area in a building located on a pedestrian-oriented shopping street, as determined by the City Planning Commission in accordance with the provisions of this section, shall not be occupied principally for purposes of storage or warehousing or operation of telecommunications devices, telephone switching equipment or other automated or remotely controlled machinery or equipment.
(g) Facade and Window Treatment. If any uses prohibited in street-level areas are proposed for upper floors in buildings subject to the provisions of this section, the City Planning Commission or, if applicable, the Landmarks Commission during its review shall ensure that the entire facade and window areas are treated in a manner that does not convey the appearance of a space used for storage or warehousing purposes, but rather conveys the appearance of a space used actively by employees, customers or residents.
(h) Nonconforming Uses. Legally established uses made nonconforming by the initial adoption of this section may continue but may not be expanded or otherwise changed so as to create a greater degree of nonconformity, unless approved by the Board of Zoning Appeals in accordance with Chapter 359.
(i) For any use subject to the regulations of this section, no exhaust vents (including, without limitation, any exhaust vents serving any diesel or other powered emergency generator) shall be placed along the designated pedestrian-oriented shopping street on the first floor, second floor or in the sidewalk area.
(j) Exceptions. Notwithstanding the variance powers outlined in Section 329.03, the Board of Zoning Appeals may vary or modify the application of these provisions in harmony with the general purpose and intent of the Zoning Code so that the public health, safety, morals and general welfare may be safeguarded and substantial justice done. The decision to vary or modify the application of these provisions shall consider the following factors: (1) the proximity of the proposed use to the pedestrian-oriented street frontage, in the case of a use that will occupy only a portion of the street-level floor space; (2) the physical size, shape or other characteristics of the premises; and (3) whether refusal of the variance appealed for will deprive the owner of substantial property rights.
(Ord. No. 773-2000. Passed 5-8-00, eff. 5-18-00)