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No Building Permit shall be issued by the City without design approval by the City Planning Commission, or its Director, for development projects that meet the following criteria for applicability, except that such approval shall not apply to structures that are designated as Landmarks or are located in Landmark Districts, for which design approval shall be the responsibility of the Landmarks Commission.
(a) Design Review Districts. New construction of and applicable exterior alterations to buildings and structures located in designated Design Review Districts.
(b) New Residential Development. New construction of residential buildings, including any new building for which residential use and associated accessory garage parking occupy at least fifty percent (50%) of the building.
(c) New Retail, Office and Institutional Development. New construction of buildings for “retail business, office and institutional uses,” as defined in this chapter, including any new building for which such uses and associated accessory garage parking occupy at least fifty percent (50%) of the building.
(d) Public Properties. New construction of and applicable exterior alterations to buildings and structures owned by local, county, state or federal government or by any other governmental agency, including regulated public utilities.
(e) Planned Unit Development (PUD) Districts. New construction of buildings and structures located in designated Planned Unit Development (PUD) Districts.
(Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)
§ 341.02 Applicability (effective 3-15-24)
No Building Permit shall be issued by the City without design approval by the City Planning Commission, or its Director, for development projects that meet the following criteria for applicability, except that such approval shall not apply to structures that are designated as Landmarks or are located in Landmark Districts, for which design approval shall be the responsibility of the Landmarks Commission.
(a) Design Review Districts. New construction of and applicable exterior alterations to buildings and structures located in designated Design Review Districts.
(b) New Residential Development. New construction of residential buildings, including any new building for which residential use and associated accessory garage parking occupy at least fifty percent (50%) of the building.
(c) New Retail, Office and Institutional Development. New construction of buildings for "retail business, office and institutional uses," as defined in this chapter, including any new building for which such uses and associated accessory garage parking occupy at least fifty percent (50%) of the building.
(d) Public Properties. New construction of and applicable exterior alterations to buildings and structures owned by local, county, state or federal government or by any other governmental agency, including regulated public utilities.
(e) Planned Unit Development (PUD) Districts. New construction of buildings and structures located in designated Planned Unit Development (PUD) Districts.
(f) Transit Oriented Development Projects. Any land use development, including new construction, that changes or expands the use(s) on a parcel of land entirely or partially within the Transit Oriented Development Zone, as defined in Section 301.02 of these Codified Ordinances.
(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)
(a) Purpose and Establishment. The University Circle Design District (UCDD) is established as a Public Land Protective District to safeguard public and community investments in the institutions and parks of the University Circle area, while promoting development of well-designed commercial, residential, and institutional uses in the district. Review and oversight of the character, design, and placement of buildings, structures, roadways, and open spaces, as required for properties located within the district, is fundamental to fostering positive growth and social welfare of the community and is critical to ensuring development of a premiere urban district in University Circle.
(b) Boundaries and Mapping. The boundaries of the UCDD shall be established and amended by ordinance of City Council and shall be shown on the Zoning Map of the City of Cleveland as an overlay district, supplementing the underlying zoning districts.
(c) Administration. Building Permit applications for properties located within the UCDD shall be reviewed and approved in accordance with the regulations of this chapter pertaining to Public Land Protective Districts. The University Circle Design Review Advisory Committee shall review building permit applications in meetings that are open to the pubic and shall make recommendations to the Commission. In making its recommendations to the Commission, the Advisory Committee shall consider any recommendations provided by the University Circle Architectural Review Board and other organizations and individuals offering comment.
(d) Advisory Committee. The University Circle Design Review Advisory Committee shall be composed of at least seven (7) and no more than nine (9) voting members appointed by the City Planning Commission. A majority of the members shall be design professionals with expertise in architecture, landscape architecture, historic preservation, urban planning, public art, or graphic design. Members who are not design professionals shall be representatives of organizations or businesses in the District or residents of the District. The City Planning Commission shall appoint those members who are not design professionals from nominations made to the Commission by the City Council members representing wards that are located in whole or in part within the boundaries of the District. The Advisory Committee shall hold at least two (2) regularly scheduled meetings each month, unless there is no business to conduct. A majority of the Advisory Committee’s membership shall constitute a quorum, without which no votes may be taken. Any recommendation regarding an application shall require the affirmative vote of a majority of the members present.
(e) Approvals. Applications subject to the provisions of the UCDD shall be approved by the City Planning Commission or by its Director acting on behalf of the Commission, pursuant to rules established by the Commission. Within thirty (30) days of receipt of a complete application by the City Planning Commission office, the University Circle Design Review Advisory Committee shall recommend approval, approval with conditions, or disapproval of the application, unless the applicant agrees to an extension. Within thirty (30) days of action by the Advisory Committee, or expiration of its action period, the City Planning Commission or its Director shall approve, approve with conditions, or disapprove the application, unless the applicant agrees to an extension.
(Ord. No. 1766-06. Passed 12-11-06, eff. 12-15-06)
For the purposes of this chapter, the following terms shall have the meaning given in the succeeding sections:
(a) Retail Business, Office and Institutional Uses. Any non-residential use permitted in a General Retail Business District.
(b) Applicable Exterior Alterations. Alterations to the exterior of a building or structure that result in a change in appearance that is visible from public streets or adjoining properties, including demolition, but excluding repair or replacement of worn or damaged materials with materials of the same design and color.
(c) Director. The Director of a specified City Department or his or her designee.
(Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)
Design Review Districts shall be established in accordance with the following provisions:
(a) Designation Criteria. A geographic area designated as a Design Review District shall be at least three (3) acres in size and shall be characterized by development or development opportunity for which improved design can be expected to significantly contribute to achieving one (1) or more of the objectives of this chapter. The district may be composed of one (1) or more noncontiguous geographic areas, each of which must be at least three (3) acres in size.
(b) Designation Process. Design Review Districts shall be designated and amended in accordance with the procedures for amending the Zoning Map as set forth in Chapter 333 of the Zoning Code.
(c) Mapping and Applicability. Design Review Districts shall be shown on the Zoning Map of the City of Cleveland as “overlay districts” to be applied in conjunction with the “underlying” zoning district. Provisions of the underlying district shall remain in effect except where inconsistent with the provisions of the Design Review District.
(d) District Name. The City Planning Commission shall assign each Design Review District a name reflective of the neighborhood or other geographic area in which the District is located.
(e) Previously Designated Districts. All Public Land Protective Districts, Business Revitalization Districts, and the University Circle Design District, to the extent that such districts existed on the effective date of this ordinance, shall become Design Review Districts subject to the regulations of this chapter on the effective date of this ordinance. Those districts shall be shown on the City’s Zoning Map as “Design Review Districts” on the effective date of this ordinance.
(Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)
The following procedures are established to govern the processing of applications for Building Permits subject to the regulations of this chapter.
(a) Contents of Application. In addition to meeting application requirements established in the Building Code and Zoning Code for Building Permit applications, applications governed by the provisions of this chapter shall include the following elements.
(1) Color photographs showing the subject property in the context of adjoining properties within two hundred fifty (250) lineal feet on either side of the subject property.
(2) Architectural drawings including elevation drawings and site plans for the construction or exterior alterations proposed, indicating design materials, colors, illumination, sign placement, and landscaping.
(3) In the case of a proposed demolition, a plan showing the proposed re-use of the property, including both interim and long-term reuse plans, if appropriate.
(4) Information indicating project elements that contribute to an environmentally sustainable development.
(5) A Tree Preservation Plan, if required, pursuant to this chapter.
(6) Other materials listed in guides that may be prepared by the staff of the City Planning Commission and provided to applicants.
(b) Determination of Applicability and Transmittal to City Planning Director. Upon receipt of an application for a Building Permit, the Director of Building and Housing shall use the standards of Section 341.02 to determine whether the proposed action is governed by the provisions of this chapter. If it is determined that the action is governed by these provisions, the Director of Building and Housing shall promptly transmit the application to the Director of the City Planning Commission.
(c) Transmittal to Local Design Review Advisory Committee. Upon receipt of a complete application, the City Planning Director shall promptly transmit the application for review and recommendation by the Local Design Review Advisory Committee, as established in Section 341.06. Other required City reviews may be conducted concurrently, as appropriate. In the case of an application for an action that the City Planning Director deems to have no significant impact on the design or appearance of the property, the Director may approve the application administratively without referral to the Local Design Review Advisory Committee.
(d) Standards for Review. An application received pursuant to the provisions of this chapter shall be reviewed in accordance with the design guidelines of Section 341.07 and any supplemental guidelines adopted by the City Planning Commission for a particular district. A Tree Preservation Plan received pursuant to this chapter shall be reviewed by the Commissioner of Urban Forestry in accordance with Section 341.051.
(e) Local Design Review Committee Meeting and Action.
(1) Meeting. The City Planning Director shall inform the applicant of the time and location of the Local Design Review Advisory Committee meeting at which the application will be considered. That consideration shall take place at the next regularly scheduled meeting of the Committee occurring at least five (5) days after acceptance of a complete application by the City Planning Director.
(2) Action. The Local Design Review Advisory Committee shall recommend either approval, approval with modifications or conditions, or disapproval of the application. The Committee may choose to postpone action in order to permit the applicant to prepare revisions if the applicant agrees to such postponement. If the applicant does not agree to a postponement, the Committee shall take action on the application at the meeting. The Committee shall provide a written record of its recommendation to the City Planning Commission.
(f) City Planning Commission Meeting and Action. After action by the Local Design Review Advisory Committee, or a failure to act at a meeting in accordance with the requirements of this section, the City Planning Director shall inform the applicant of the time and location of the City Planning Commission meeting at which the application will be considered. The City Planning Commission shall either approve or disapprove the application or approve the application with modifications or conditions. The Commission may choose to postpone action in order to permit the applicant to prepare revisions if the applicant agrees to such postponement. The Commission shall take action no later than forty-five (45) days after acceptance of a complete application by the City Planning Director unless the applicant has agreed to one (1) or more postponements, including agreed postponements in the Local Design Review Committee process.
(g) Administrative Approval. Pursuant to the “Rules of the City Planning Commission” regarding administrative approvals, the City Planning Director is authorized to act on behalf of the Commission in approving applications recommended for approval by the Local Design Review Advisory Committee and for applications that meet the standard stated in division (c) of this section. Use of the administrative approval procedure is not authorized in the case of applications for demolition or moving of buildings, other than for buildings that are deemed to be minor accessory structures. Generally, applications for development of new commercial or institutional buildings and for residential developments involving six (6) or more units shall not be approved without referral to the Local Design Review Advisory Committee and the City Planning Commission.
(h) Exemptions. No referral to the City Planning Commission or a Local Design Review Advisory Committee shall be required for projects approved under the City’s Storefront Renovation Program. Such projects may be approved by the action of the City Planning Director subsequent to approval under the Storefront Renovation Program.
(Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. 377-24. Adopted 8-7-24)
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