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(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 | ||
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)
A limited Multi-Family District is established in order to provide a zoning use district within which one (1), two (2) 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)
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)
(a) Maximum Gross Floor Area. The maximum gross floor area for all buildings shall not exceed one-half (1/2) the lot area.
(b) Minimum Lot Area. The minimum lot area for each dwelling unit shall be two thousand four hundred (2,400) square feet.
(c) Required Side Yards. Two (2) side yards shall be required with a minimum width for each side yard of twenty (20) feet, notwithstanding the provisions of Section 357.09.
(d) Required Rear Yard. A rear yard shall be provided with a minimum depth of fifty (50) 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)
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 (1) 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 (10) feet from any adjoining premises in a Residence District not used for a similar purpose:
(1) Dormitories;
(2) Reserved;
(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 (15) 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.
(g) A residential facility, as defined in Chapter 325 of this Zoning Code, for six (6) to sixteen (16) persons may be permitted as a conditional use. The City Planning Commission shall approve a residential facility as a conditional use in a Multi-Family District only when the residential facility is located not less than one thousand (1,000) feet from another residential facility and only if the City Planning Commission determines that the conditional use meets the following zoning and architectural criteria:
(1) the architectural design and site layout of the home and the location, nature and height of any walls, screens, and fences are compatible with adjoining land uses and the residential character of the neighborhood, as may be specified in applicable Zoning Code regulations for Multi-Family Districts; and
(2) the use complies with all applicable yard, parking and sign regulations in this Zoning Code for Multi-Family Districts.
(Ord. No. 586-16. Passed 7-13-16, eff. 7-17-16)
(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 (1) 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)
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