§ 323.02 Criteria for Designation as Neighborhood Conservation Area

   An area may qualify for designation as a neighborhood conservation area if the following requirements are met:

   (a)   A preponderance of the structures in the area must be in violation in at least one (1) instance of the provisions of these Codified Ordinances relating to housing or building, which violation is determined by the Commissioner of Housing or the Commissioner of Building to be a major structural, electrical, heating or plumbing violation, or must be in violation in at least three (3) instances of the provisions of these Codified Ordinances relating to housing, building or sanitation;

   (b)   At least sixty-five percent (65%) of the structures in the area must be residential in nature; and

   (c)   The area shall be an area in which the deteriorated conditions can be alleviated by a plan the predominant feature of which is rehabilitation.

(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

§ 323.03 Contents of Neighborhood Conservation Plan

   A neighborhood conservation plan adopted pursuant to the provisions of the Charter and these Codified Ordinances may include limited acquisition and clearance, planning services relevant to rehabilitation and conservation and the provision for direct or indirect financing of such rehabilitation and conservation or any combination or part thereof, and shall include a land use plan showing thoroughfares and rights of way, location, character and extent of public and private land ownership, institutional or occupational public uses, use and occupancy purposes within the area, including any contemplated public housing.

   The plan shall designate the area of rehabilitation and conservation as may be proposed to be carried out in the plan, including a statement of methods and standards under which it is to be accomplished and the necessary conditions to be applied in order to extend the rehabilitation and conservation by the owners of existing properties, and a statement of the special conditions under which properties may be acquired. The plan or its supporting documentation shall include a statement of the relationship of the plan to definite objectives of the City respecting appropriate land uses, improved traffic and transportation, public utilities, recreational and community facilities and other public improvements.

(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

§ 323.04 Rehabilitation and Conservation Defined

   “Rehabilitation” and “conservation”, as used in this chapter, may include but shall not be limited to the restoration and renewal of an area or individual structures within an area or by carrying out plans for a program of repair and rehabilitation of buildings or other improvements, including the direct or indirect financing of the restoration or renewal, and the limited purchase repair and rehabilitation for guidance purposes and resale, and the purchase, rehabilitation, repair and retention for rental purposes or resale, and the purchase and resale for rehabilitation purposes by the City of structures located in the neighborhood conservation area which, under the plan, are to be repaired or rehabilitated for dwelling use or related facilities.

(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

§ 323.05 Conformity of Neighborhood Conservation Plan to General Plan and Workable Program

   The neighborhood conservation plan for such neighborhood conservation area shall conform to the general plan of Cleveland as adopted by official action of the Planning Commission pursuant to Charter Section 76-2 and as the general plan may be amended from time to time by the Commission, and to the general development plan for the district of the City within which the neighborhood conservation area lies.

(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

§ 323.06 Provision to Prevent Recurrence of Substandard Housing, Building and Sanitary Conditions and Discrimination

   The neighborhood conservation plan shall include provisions that every contract for the sale, lease, use, rehabilitation or redevelopment of the property within such area shall contain such restrictions and conditions as are deemed necessary to prevent a recurrence of blighted or substandard areas, provided that no such restriction shall be based upon race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status, shall indicate what covenants, restrictions and conditions of such contracts shall be covenants running with the land and shall provide appropriate remedies for any breach of the covenants or conditions.

(Ord. No. 1260-08. Passed 11-30-09, eff. 12-3-09)

§ 323.07 Relocation of Displaced Families

   The Division of Relocation and Property Management shall prepare, for presentation and acceptance with the neighborhood conservation plan, a statement of a feasible method for the relocation of families displaced from the area, and that there are or are being provided, in the area or other areas not less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families to be displaced from the development area, decent, safe and sanitary dwellings for such displaced families, which displacement shall be carried out with a minimum of hardship to site occupants.

(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

§ 323.08 Adoption of Plan

   The Department of Community Development in conjunction with the Planning Commission after at least one (1) public hearing held pursuant to the provisions of the Charter and these Codified Ordinances, shall adopt the neighborhood conservation plan for the area described therein.

(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)