§ 337.01 Limited One-Family Districts

Cross-reference:
   Area regulations for Residence Districts, CO 355.04
   Front yard regulations, CO 357.04
   Landscaping, screening, and outdoor parking lot lighting, CO Ch. 352
   Lighting for off-street parking spaces, CO 349.09
   Maximum height of accessory buildings in Residence Districts, CO 353.05
   Off-street parking and loading requirements, CO Ch. 349
   Residence District defined, CO 335.02
   Residence-Industry District defined; uses, CO 345.01, 345.02
   Residential Parking District; purpose, permitted uses, maintenance, CO Ch. 339
   Screening of off-street parking spaces adjacent to Residence Districts, CO 349.08
   Variance from use regulations, CO 329.03
   Yard requirements for large-scale housing developments, CO 357.10
   Yards for mixed occupancy buildings used in part for Residential or Institutional H, CO 357.03

Statutory reference:
Off-street parking facilities, RC 717.05 et seq.

(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 (1) 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 (20) 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 (1) family and not more than two (2) roomers or boarders;

(b) Playgrounds, parks;

(d) Railroad rights-of-way, not including switching, storage or freight yards or industrial sidings;

(e) Agricultural uses, subject to the regulations of Section 337.25 and Section 347.02;

(f) The following buildings and uses, if located not less than fifteen (15) 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 (2) buses.

(g) 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 (30) 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 (50) 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 three hundred (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.

(h) A residential facility, as defined in Chapter 325 of this Zoning Code, for one (1) to five (5) unrelated persons, provided it is located not less than one thousand (1,000) feet from another residential facility. Residential facilities shall comply with area, height, yard and architectural compatibility requirements of this Zoning Code applicable to residences in One-Family Districts.

(Ord. No. 586-16. Passed 7-13-16, eff. 7-17-16)

§ 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 (2) families and not more than two (2) 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 remodeling of existing dwelling houses or the erection of row houses to provide for more than two (2) 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 (2) rooms and a bathroom;

(3) There will be no exterior evidence that a remodeled dwelling house is occupied by more than two (2) 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 (1) 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 set the requirements for the form, site plan and building features of Townhouse Projects, as defined below.

Safe sidewalks, inviting streets and compelling urban form are essential elements of vibrant, walkable urban neighborhoods. The inherent density of townhouses is a key component of this vision, but without thoughtful site planning and architectural design, this goal will not be fully realized. The provisions and standards of this section are intended to accommodate a variety of innovative housing typologies for infill development and to ensure compatibility of such units in Cleveland’s neighborhoods.

The following regulations provide clear guidance for the development and design of high quality Townhouse Projects in Cleveland that protect the health, safety, and general welfare of all citizens. The standards set forth in division (f) of this section are applied uniformly and are the minimum standards for any Townhouse Project.

(b) Definitions.

(1) “Townhouse Unit” is a one (1) or two (2) family dwelling unit on its own lot, which is attached to one (1) or more other Townhouse Units by fire walls or fire separation walls.

(2) “Townhouse Building” is a building composed of two (2) or more Townhouse Units.

(3) “Townhouse Project” is any combination of one (1) family or two (2) family detached dwelling units, Townhouse Units, and/or Townhouse Buildings submitted to the City as a unified development proposal. When one (1) family or two (2) family detached dwelling units are part of a Townhouse Project application, they must be contiguous with Townhouse Units and must comply with all requirements for Townhouse Units for the purposes of this section. One (1) family or two (2) family detached dwelling units may not exceed one-third (1/3) of the total unit count for a Townhouse Project in order to be reviewed under Section 337.031.

(4) “Principal Pedestrian Entrance” is the exterior door exclusive to the dwelling unit that offers a pedestrian the most visible and direct means of ingress and egress to a public right of way or private walkway.

(5) “ Primary Street Frontage” is the street line where a Townhouse Unit’s Principal Pedestrian Entrance is located. Where a Townhouse Unit has a lot line abutting a Public Space, that frontage shall be regulated as a Primary Street Frontage.

(6) “Secondary Street Frontage” is, for corner lots, any street line that is not the Primary Street Frontage, and is sometimes also known as the “side street frontage”.

(7) “Interior Frontage” is, for lots fronting an alley or without a street line, the frontage of a Townhouse Unit where the Principal Pedestrian Entrance is located.

(8) “Frontage Build-Out” is the portion of the Primary and Secondary Street Frontage containing a building.

(9) “Active Uses” are those habitable spaces of a dwelling most often used for living, eating or cooking. These spaces encourage “eyes on the street” and include such spaces as living rooms, offices, kitchens, and the like. Non-habitable spaces, garages, hallways, corridors, bathrooms, closets, storage, mechanical rooms, utility spaces, and the like are not considered Active Uses.

(10) “Human-Scaled Materials” are materials which have a maximum width of twelve inches (12") in either the vertical or the horizontal dimension. The other dimension is unlimited. Examples include brick, stone, wood, fiber-cement lap siding, terra cotta, and the like.

(11) “Motor Court” is an internal “private road” for a Townhouse Project allowing access from a public right-of-way to private garages or parking spaces. Court regulations in Section 357.16 of these Codified Ordinances do not apply to Townhouse Units and/or Townhouse Projects.

(12) “Mews Unit” is any Townhouse Unit with an Interior Frontage facing a Motor Court fronting a private walkway.

(13) “Private Road” is a privately owned, controlled and maintained drive, street, road or lane that provides the primary means of vehicular ingress or egress to a common access drive for two (2) or more lots, even if such lots have Primary Street Frontage.

(14) “Private Walkway” is any sidewalk or passageway located on privately-owned property.

(15) “Transition” is an additional setback for each story that begins above twenty-four feet (24') or for each story over the second story, whichever is less. It is a buffer requirement measured from the setback building line that is adjacent to a common property line and abuts a district with a lower height intensity.

(c) 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 numeral indicating that the districts are listed in order of “density,” from lowest to highest).

(d) Permitted Uses in All RA Districts.

A. Townhouses	Permitted
B. Accessory uses	As permitted in the Two- Family District

(e) Site Planning and Design. No Building Permit shall be issued for the original construction of a Townhouse Unit or Townhouse Building without design approval by the City Planning Commission, or the Director of City Planning, who shall seek to ensure that the development meets the spirit and intent of division (a) by applying the design and form standards set forth below, except that such approval shall not apply to Townhouse Projects that are designated as Landmarks, or are located in Landmark Districts, for which design approval shall be the responsibility of the Landmarks Commission.

(1) Compatibility. The development shall be visually compatible with nearby properties with respect to such residential design elements as scale, height, setbacks, orientation to existing streets, roof lines, architectural character, materials, colors, and proportions of architectural features.

(2) Site Layout. Buildings, structures and landscape features shall be arranged so as to create visual interest, promote security and personal safety, promote safe, efficient, and comfortable pedestrian circulation, facilitate safe and efficient vehicular circulation, conserve natural features and provide usable common and private open space.

(3) Building Features. Townhouse units shall contribute to the character of the public realm by drawing from the best examples of architecture and urbanism. Townhouse units shall be designed to create active, attractive, street frontages that promote safety and walkability using the essential elements of traditional urban architecture as regulated in division (g) of this section.

(4) Circulation and Parking. Circulation and parking shall be designed to achieve the following:

A. Provide proper access for service and safety vehicles;

B. Minimize conflicts between pedestrians and vehicles;

C. Minimize the number of curb cuts;

D. Maximize opportunities for on-street parking, transit waiting environments, bike lanes, drop-off zones, street furniture, public amenities, and preserving and street trees by prohibiting front loaded garages and unenclosed parking in front yards; and

E. Prohibits placement of garage doors so close to sidewalks as to impair pedestrian safety.

(f) Area, Yard, Siting and Design Standards. The following yard and area standards shall apply in RA-1, RA-2, and RA-3 Districts.

		RA-1 District	RA-2 District	RA-3 District
(1) Lot Dimensions		No min
(2) Setbacks	Where applicable	Requirements
A. Front Yard Depth 1	Primary	Min: 20' or, if greater, the average setback of the buildings within 100' on both sides. Max: none	Min: 10' Max: 20'	Min: 0' Max: 12'
	Secondary	Min: 7'	Min: 5'	Min: none
	Interior	Min: 10'	Min: 8'	Min: 7'
	Mews Unit	Min: 10'	Min: 10'	Min: 10'
B. Interior Side Yard Depth 2	Adjoining 1 or 2-Family District	Min: 10'	Min: 5'	Min: 3'
	Adjoining Other District	Min: 7'	Min: 5'	Min: 3'
C. Rear Yard Depth 3	Rear lot line adjoining 1 or 2-Family District	Min: 15'	Min: 10'	Min: 7'
	Rear lot line adjoining Other District	Min: 10'	Min: 10'	Min: 3'
(3) Building Design Features
A. First-story glazing % of facade required to be transparent windows and doors between 3' and 7' above finished floor.	Primary	Min: 35% Where the finished first floor is 48" or more above grade: Min. 20% glazing between grade and the finished first floor, less Frontage Feature areas.
	Secondary	Min: 25% Where the finished first floor is 48" or more above grade: Min. 20% glazing between grade and the finished first floor, less Frontage Feature areas.
	Interior	Min: 20%
	Mews Unit	Min: 20%
B. Active uses on first story	Primary	Required on 60 % of total Frontage Buildout. Min depth: 9'
	Secondary	No requirement
	Interior	No requirement
	Mews Unit	Required Min depth: 6'
C. Floor Area Ratio	No requirement
D. Entrances	Each Townhouse Unit with shall provide a Principal Pedestrian Entrance directly to the street line on the Interior Frontage, as applicable. Corner lots are required only one (1) Principal Pedestrian Entrance.
	Mews Units	Any Mews Unit more than 150' from a street line shall provide a Principal Pedestrian Entrance facing the Motor Court.
		Each Mews Unit in a Townhouse Building with more than three (3) shared walls shall provide at least two (2) ground floor Principal Pedestrian Entrances.
E. Frontage feature (See Figure (g)(1) of this section)		A or B Required Min. porch depth: 6'	B, C or E Required Min. area: 16 sq. ft.	B, C, D or E Required Min. area: 16 sq. ft.
F. Height of finished first floor above grade 4	Primary	Min: 18" Max: 4'	Min: 24" Max: 4'	Min: 28" Max: 5'6"
	Secondary	Min: 18" Max: 4'	Min: 24" Max: 4'	Min: 28" Max: 5'6"
	Interior	Min: 12" Max: 5'6"	Min: 12" Max: 5'6"	Min: 18" Max: 5'6"
	Mews Unit	Min: 12" Max: 5'6"	Min: 12" Max: 5'6"	Min: 18" Max: 5'6"
G. Private Open Space (sq. ft. per unit) 5	All	150'	100'	0'
H. First floor materials; Primary, Secondary	Human scaled; ex. brick, stone, lap siding, wood, terra cotta or similar. Above first-story: Materials in any dimension are permitted. Prohibited Materials on Primary and Secondary Street Frontage: plain and split-face concrete masonry units and synthetic stucco.
I. Transitions	For each story that begins above 24' or for each story over the second story, whichever is less, the additional minimum setback shall be:
Additional setback above 24'/2nd story (min) - measured from setback building line most adjacent to common property line	All	Min: 10'	Min: 5'	Min: 3'
(4) Garages, Car Openings and Driveways and Motor Courts
A. Garage or Car Openings fronting a Primary and Secondary Street Frontage	Not Permitted
B. Garage or Car Openings perpendicular to a Primary and Secondary Street Frontage	Streetscreen or fence required at actual Primary and Secondary Street setback, minus permitted driveways. Streetscreens or fence shall be a min. 3.5' in height, max. height as allowed by the Zoning Code.
C. Garage or Car Openings within an established front yard setback on a Secondary Street	Streetscreen or fence is required along the shared rear/side yard property line. Streetscreen or fence shall be a min. 3.5' in height, max. height as allowed by the Zoning Code.
D. Alley access 6	Where an alley abuts the development, no curb cuts shall be permitted on Primary or Secondary Street Frontage.
E. One-way vehicular driveway width	Max: 11'
F. Two-way vehicular driveway serving multiple units width	Max: 20'
G. Motor Court landscaping	25 sq. ft. of dedicated landscape area in the Motor Court for every 32 linear feet of garage door or garage entry that is visible from a public street immediately adjacent to the property, not including alleys.
H. Motor Court paving material	Any whole or portion of a Motor Court with garage doors or garage entry visible from a public street immediately adjacent to the property, not including alleys, shall have at least 60% of its surface area paved with human-scaled materials or distinctive characteristics to give visual cues to delineate space between pedestrians and vehicles.
I. Continuous at-grade sidewalk and apron	Required
1 Except that any mapped or established setback shall prevail over the setbacks of this section. 2 Does not apply to lot lines separating attached dwellings as a non-condominium townhouse development 3 Rear yard and Interior Frontages may be 0' if building is abutting a driveway or Motor Court and an access easement is provided. 4 For infill townhouses: Height of Finished Floor above grade shall match the typical height found in the adjacent context. Where the Height of Finished Floor above grade in the adjacent context is outside the range set forth in division (f)(3)F., the Height of Finished Floor above grade shall be set at the min or max permitted by division (f)(3)F. 5 Garden, deck, patio, balcony, solarium or other similar open space adjacent to the residence, for the private use of the resident household. 6 Garages must be placed entirely to the rear of each unit and be rear-accessed and cannot front a public street. Garage may be attached or detached. Garage doors should face the rear or side alley or Private Road.

(g) Diagrams & Modifications.

(1) Required Frontage Features.

(2) Administrative Modifications. The Director of City Planning may require a numerical standard that is different from the standard under division (f) of up to twenty (20) percent in any direction if it is determined that such relief will result in a townhouse or townhouse building that is more appropriately situated and/or more consistent with its context. This provision shall not apply to division (f)(3)F.

Example application of Director discretion: In the RA-3 District the Director may administratively reduce the required Interior Front Yard Depth from the numerical standard of 10' to 8' (10' x 0.8 = 8').

(h) Procedures and Appeals.

(1) Submission of an Application. An application to construct a Townhouse Project, subject to the regulations of this chapter, shall be submitted to the Department of Building & Housing as part of a Building Permit application. The application shall include a scaled site plan with street elevations and photographs showing the proposed construction, along with existing structures within two hundred fifty (250) feet of the site on all sides as the relevant area of context.

(2) Determination of Compliance. The Department of Building and Housing shall determine if the application conforms to the requirements of this chapter and other applicable regulations of the City of Cleveland, except for those provisions that require a determination by the City Planning Commission or its Director.

(3) Referral to City Planning Commission. For proposals subject to approval by the City Planning Commission or Landmarks Commission for design review, under Chapter 341 of these Codified Ordinances, or for permitted uses, under division (d) of Section 337.031, the Department of Building and Housing shall refer the application to the Department of City Planning and the City Planning Commission for review and approval.

(4) City Planning Director Action. The Director of City Planning, or his/her zoning designee, shall determine which RA District regulations are applicable to a project application. In all zoning districts other than a mapped Townhouse District, proposed Townhouse Projects shall be reviewed under the RA District whose Front Yard Depth in division (f)(2)A. most closely matches or compliments the zoning district of the proposed development. To determine which RA District is applicable, the Department of City Planning shall:

A. Determine the existing typical front yard setback of the zoning district of the proposed development.

B. For proposals to be constructed at mid-block, the RA District whose front yard setback range most closely aligns with the setback of the existing buildings on the block shall be applied.

C. For proposals to be constructed on corners, context from the buildings on the adjacent corners of the intersection as well as those buildings on the specific block should be considered, and the RA District whose front yard setback range most closely aligns with the front yard setback of the existing buildings at the intersection shall be applied.

(5) City Planning Commission Action. For Townhouse Projects located in any zoning district where a townhouse use is not permitted by right (ie.: One-Family or Two-Family District), the City Planning Commission shall review any application subject to conditional approval and shall determine whether the proposal meets all applicable standards established in division (e), Site Planning & Design, hereof to ensure proper design and compatibility with surrounding uses. The Commission shall take action on the application at a public meeting, subsequent to providing public notice. The Commission may require modifications to the proposal as a condition of approval. The Commission may disapprove an application if it determines that the proposed site plan and application does not meet the standards set forth in this chapter. No Building Permit shall be issued without the approval of the City Planning Commission for an application subject to conditional approval.

(Ord. No. 800-2023. Passed 11-27-23, eff. 12-27-23)

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