301.01 Statement of Purpose
301.02 Definitions
301.03 Applicability
301.04 Exemptions from and Alternative Regulations to the Zoning Code
301.05 Transportation Demand Management Program Standards
301.06 Transportation Demand Management Plan Review
301.07 Transportation Demand Management Registration and Implementation
301.08 Transportation Demand Management Registration Application
301.09 Transportation Demand Management Registration Issuance; Renewal
301.10 Appeals
301.99 Penalties
These regulations are adopted for the following purposes: to support the implementation of the general plan, as amended, adopted by the City Planning Commission in accordance with § 76-2; to create neighborhoods where every resident can survive and thrive, and where their needs and desired amenities can be reached quickly and safely via a variety of transportation modes including walking, biking, transit, and motor vehicles; to support the welfare of the region's bus and rail transit system by permitting compact land use and development suitable to the sustainable operation and expansion of transit services across the City of Cleveland; to support the City of Cleveland in reaching goals described in its adopted Climate Action Plan related to environmental sustainability, the reduction of carbon emissions and decarbonization, and transportation equity; and to promote public health, safety, and general welfare of the people of the City of Cleveland.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
As used in this chapter:
(a) "Director" means the Director of the City Planning Commission.
(b) "Headway(s)" means the distance or duration between vehicles in a transit system measured in space or time.
(c) "High Frequency Transit Station" means any bus and rail stop or station with service headways of fifteen (15) minutes or less at any given time of day.
(d) "Single Occupancy Vehicle Trips" or "SOV Trips" is a measure of the number of trips from an origin to a destination conducted by a sole occupant of a motor vehicle.
(f) "Transportation Demand Management Menu" or "TDM Menu" means the specific TDM options available to TOD Projects to comply with the requirements of TDM Program, as established and maintained in the TDM Program Standards.
(g) "Transportation Demand Management Plan" or "TDM Plan" means a Transit Oriented Development Project's plan describing compliance with the Transportation Demand Management Program Standards.
(h) "Transportation Demand Management Program" or "TDM Program" means the requirement that Transit Oriented Development Projects incorporate Transportation Demand Management in the proposed projects.
(i) "Transportation Demand Management Program Standards" or "TDM Program Standards" means all the rules and requirements as adopted by the City Planning Commission pursuant to Section 301.05.
(j) "Transportation Demand Management Tier" or "TDM Tier" means the category assigned based on the characteristics of a TOD Project as defined by the TDM Program Standards adopted by the City Planning Commission pursuant to Section 301.05.
(k) "Transit Oriented Development Project" or "TOD Project" means any land use development, including new construction, that changes or expands the use(s) on a parcel of land entirely or partially within the Transit Oriented Development Zone.
(l) "Transit Oriented Development Zone" or "TOD Zone" is the area within 1/4 mile radius of a High Frequency Transit Station and that is depicted in the TDM Program Standards.
(m) "Vehicle Miles Traveled" or "VMT" is a measure of the distance in miles traveled in a personal automobile via expected trips generated by a TOD Project and more fully described in the TDM Program Standards adopted by the City Planning Commission.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
(a) No building permit or final certificate of occupancy shall be issued by the City without the submission to and approval by the Director of a TDM Plan submitted by, or on behalf of, the property owner for a TOD Project that is assigned a TDM Tier of one (1) or greater in accordance with the TDM Program Standards.
(b) No final certificate of occupancy shall be issued by the City without the issuance of a Certificate of Registration required under Section 301.07.
(c) Exception. No TOD Project consisting of five thousand (5,000) square feet or fewer shall be subject to the TDM Program Standards.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
(a) Within 90 days of the effective date of this chapter, the City Planning Commission shall adopt the TDM Program Standards. The TDM Program Standards shall be made publicly available in print and published in the City Record and on the City Planning Commission's website and shall become effective 30 days after publication in the City Record.
(b) The TDM Program Standards shall be updated from time to time, as deemed appropriate by the City Planning Commission, to reflect best practices in the field of Transportation Demand Management.
(c) When preparing, adopting, or updating the TDM Program Standards, the City Planning Commission shall be guided by the Statement of Purpose of Section 301.01, specifically the goals to reduce SOV Trips and VMT, increase transit ridership, and increase mode shift to modes of transportation alternative to the motor vehicle, and shall abide by the following:
(1) The requirements of the TDM Program, as set forth in the TDM Program Standards, shall be proportionate to the total amount of VMT and/or SOV Trips produced by TOD Projects.
(2) The TDM Program Standards shall provide flexibility for TOD Projects to achieve the purposes of the TDM Program in a way that best suits the circumstances of each TOD Project, including a menu of options from which to choose, known as the TDM Menu.
(3) Each of the TDM Menu options shall be assigned a number of points reflecting its relative effectiveness at reducing VMT/SOV Trips, as approved by the City Planning Commission.
(4) The TDM Program Standards shall establish TDM Tiers to determine the minimum threshold of points required for compliance by TOD Projects with the TDM Program. TDM Tiers shall be determined by such metrics deemed appropriate by the City Planning Commission and shall include square footage by use and gross square footage as one criterion and any other combination of criteria related to TOD Projects such as:
A. total number of housing units
B. total number of anticipated employees
or other criteria as determined by the City Planning Commission.
(d) The TDM Program Standards shall specify the requirements for a TDM Plan, including the administrative process for submission, review, and approval by the Director.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
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