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(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)
A Residence-Office District is established in order to provide a zoning use district where apartment houses and administrative and professional office buildings and similar uses may be located as compatible land uses. The height, area, yard and court regulations of this Zoning Code are the same for residential and nonresidential uses. Off-street parking is required of all uses permitted in the district. Thus, a district is provided within which the related uses can function effectively and at the same time protecting the residential amenities of adjoining Residence Districts.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
In a Residence-Office District the following buildings and uses are permitted, provided that no sales, display or warehousing of merchandise shall be permitted on the premises:
(a) Apartment houses;
(b) Apartment hotels;
(c) The following, if located at least fifteen (15) feet from the lot lines where the adjoining premises are not used for similar purposes:
(1) Administrative and professional office buildings;
(2) Hospitals, sanitariums, nursing, rest or convalescent homes, homes for the aged and clinics provided that none of these uses are operated primarily for abortions, the care of contagious diseases, the insane or feeble-minded, epileptics, drug or liquor patients;
(3) Junior or senior high schools, colleges and universities that are nonprofit;
(4) Dormitories, fraternity or sorority houses when related to an existing nonprofit public or private school, college or university located within the same Residence-Office District;
(5) Police and fire stations and other administrative governmental buildings;
(6) Nonprofit libraries and museums;
(7) Kindergartens, day nurseries, children’s boarding homes, orphanages and other child care centers;
(8) Public utility buildings, provided that no storage yard or building shall be operated in connection therewith;
(9) Research laboratories not involving the manufacture, fabrication, processing or sale of products on or off the premises, provided that such does not create or emit offensive or noxious odors, fumes, dust, smoke, gas, noise or other similar air pollutants;
(10) An accessory ethical pharmacy used in connection with and for the exclusive use of the patients in a medical office building or any other permitted use devoted to medical care, provided that there shall be no display or advertising sign visible from the exterior of the building, and further that access to such pharmacy shall be had from within the main building only;
(11) Nonprofit lodges;
(12) Charitable institutions not for correctional purposes;
(d) Accessory uses as permitted and as regulated by divisions (a)(8), (a)(9) and (11) of Section 337.23.
(Ord. No. 2215-96. Passed 4-7-97, eff. 4-7-97; Reprinted 7-2-97 CR)
In a Residence-Office District, every building or structure erected, altered or remodeled and every use of land occupied on or after December 16, 1959, shall provide the total number of accessory off-street parking spaces as required by this Zoning Code.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
Accessory off-street parking spaces shall be provided and maintained in accordance with the requirements set forth in the following table:
Uses
|
Required Accessory Off-Street Parking Spaces
|
Uses
|
Required Accessory Off-Street Parking Spaces
|
Apartment houses | 1 for each dwelling unit. |
Apartment hotels | 1 for each dwelling unit, plus 1 for each 2 rented sleeping rooms, plus 1 for each 2 employees expected on the premises during the largest work shift period. |
Medical or dental offices | 5 for each doctor or dentist, plus 1 for each 2 employees expected on the premises during the largest work shift period; or 1 for each 150 square feet of gross floor area, whichever is greater. |
Other professional and administrative offices | 1 for each 300 square feet of gross floor area. |
Hospitals and sanitariums | 1 for each bed, plus 1 for each staff doctor, plus 1 for each 3 other employees expected on the premises during the largest work shift period. |
Accessory ethical pharmacy | 1 for each employee or operator expected on the premises during the largest work shift period. |
Clinics | 1 for each 200 square feet of gross floor area. |
Homes for the aged, convalescent, rest and nursing homes and orphanages | 1 for each staff member, including doctors and nurses, plus 1 for each 3 other employees expected on the premises during the largest work shift period, plus 1 for each 6 beds. |
Schools: | (See also requirements for auditoriums, gymnasiums and stadiums.) |
Junior High | 1 for each 2 staff members and other employees expected on the premises during the largest work shift period. |
Senior High | 1 for each 2 staff members and other employees expected on the premises during the largest work shift period, plus 1 for each 12 seats in a classroom, based on planned classroom activity. |
Colleges and Universities | 1 for each 2 staff members and other employees expected on the premises during the largest work shift period, plus 1 for each 10 seats in a classroom based on planned classroom activity. |
Dormitories, fraternity and sorority houses | 1 for each 4 beds, plus 1 for the operator or manager living on the premises, plus 1 for each other employee expected on the premises during the largest work shift period. |
Police and fire stations and other governmental administrative buildings and public utility buildings | 2 for each 3 employees expected on the premises during the largest work shift period. |
Libraries and museums | 1 for each employee expected on the premises during the largest work shift period, plus 1 for each 200 square feet of gross floor area. |
Kindergartens, day nurseries, children’s boarding homes and otherchild care centers | 1 for each 2 staff members and other employees expected on the premises during the largest work shift period. |
Auditoriums, gymnasiums and stadiums | 1 for each 6 seats or total parking area equal to 3 times the gross floor area, whichever is greater. Where there are no fixed seats, each 24 inches of bench space shall be considered 1 seat. Where there are no seats or benches, each 20 square feet of floor area usable for seating shall be considered 1 seat. |
Research laboratories | 1 for each employee expected on the premises during the largest work shift period, or total parking space equal to 25% of the gross floor area, whichever is greater. |
Lodges | Total parking space equal to 1/2 of gross floor area. |
For the purpose of determining the amount of accessory off-street spaces required, “gross floor area” means the total area of all the floors in a building or structure, excluding basement space used for storage or utilities, measured from the exterior faces of exterior walls.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
Except as provided by this section, the required accessory off-street parking space shall be located on the same lot as the use for which it is provided. All such parking spaces shall be located behind the setback building line. No such parking space shall be located within ten (10) feet of any wall of a building or structure if such wall contains ground floor openings designed to provide light or ventilation for such building structure.
The Board of Zoning Appeals may permit as a special exception the location of required accessory off-street parking spaces on a separate lot if the Board finds all of the following:
(a) That there is no way to provide such parking spaces on the same lot as the use;
(b) That for a permitted apartment house, such parking spaces are within two hundred (200) feet of or for any other permitted use, within four hundred (400) feet of the nearest boundary of the lot upon which the use is located measured by a straight line between the two (2) points;
(c) That the separate lot upon which such parking spaces are provided is in the same ownership as the permitted use, and is subject to deed restrictions recorded in the office of the County Recorder binding the owner, his or her heirs and assigns to maintain and provide for the required number of such parking spaces throughout the life of such use in accordance with the provisions of this Zoning Code; and
(d) That the Commissioner of Traffic Engineering and Parking has caused a study to be made of the proposed location and finds that safe and adequate access can be provided and that the potential traffic will not be injurious or detrimental to the adjoining streets.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
Accessory off-street parking spaces required of two (2) or more uses located on the same lot or parcel may be combined and used jointly by such uses, provided that the parking spaces provided shall be equal to the total number of accessory off-street parking spaces required by all such uses.
(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)
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