(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)