(a) Purposes.
(1) The principal purpose of this section is to preserve the urban architectural character of the most intensively developed portions of downtown Cleveland by limiting the establishment and expansion of surface parking lots within these districts.
(2) A secondary purpose is to reduce auto emissions and traffic congestion in the downtown area by discouraging creation of additional parking.
(3) Furthermore, this section is intended to accomplish these purposes without discouraging new development.
(b) Applicability. This section shall apply only to land or property located within the districts hereafter described and thereafter referred to as the “designated districts”:
(1) The Downtown Core Parking District, Warehouse Parking District, Erieview Parking District, and Gateway Parking District, as established in division (b) of Section 457.035 of the Codified Ordinances; and
(2) The Cleveland State University Parking District, described as follows:
Beginning at the point of intersection of the center line of Payne Avenue N.E. with the center line of East 18 Street; thence southerly along said center line of East 18 Street to its intersection with the center line of Brownell Court, S.E.; thence easterly along said center line of Brownell Court, S.E. to its intersection with a line located one hundred thirty two (132) feet east of the easterly line of East 18 Street; thence southerly along said line which is parallel to and one hundred thirty two (132) feet east of said easterly line of East 18 Street to its intersection with the center line of Prospect Avenue, S.E.; thence westerly along said center line of Prospect Avenue, S.E. to its intersection with the center line of East 18 Street; thence southerly along said center line of East 18 Street to its intersection with the center line of East 14 Street; thence southerly along said center line of East 14 Street to the center line of the Inner Belt Freeway; thence Easterly and Northerly along the center line of the Inner Belt Freeway to its intersection with the center line of Payne Avenue N.E. thence westerly along the centerly line of Payne Avenue NE; to the place of beginning.
(c) Definition. For purposes of this section, a “surface parking lot” is an off-street parking area which is located at street-grade level and which is not enclosed within a garage structure. The unenclosed roof surface of a garage shall not be considered a “surface parking lot” if such surface is located at least one (1) story above grade level on at least one (1) of its frontages.
(d) Prohibition. Notwithstanding other provisions of the Zoning Code, no surface parking lot shall be established or expanded within the designated districts except as approved by the City Planning Commission in accordance with this section.
(e) Planning Commission Determination. The City Planning Commission shall approve building permit applications for the establishment or expansion of surface parking lots in the designated districts only in accordance with the following provisions:
(1) Temporary Parking Lots. If the City Planning Commission or Landmarks Commission, as applicable, has approved demolition of a building within the designated district(s) and has approved, in accordance with the regulations of Sections 341.04 and 341.05 or Section 161.05, as applicable, plans for a new building or other non-parking use to replace such building, the subject property may be used as a surface parking lot for a maximum period of one (1) year following the demolition of the building. If all necessary redevelopment permits have not been obtained within one (1) year of the commencement of surface parking use, the property shall be landscaped as open space or shall be converted to another appropriate non-parking use in accordance with a site plan approved by the Commission.
The Commission may, however, approve a request by the owner to extend use of the parking lot for a single period not greater than one (1) year in duration if the Commission determines that the owner has made a “good faith effort” to secure the approved redevelopment. During the time period of such extension, the Commission and the owner shall undertake discussions regarding efforts to facilitate appropriate redevelopment of the property. At the conclusion of the extension period, the property either shall be landscaped as open space or shall be converted to another appropriate non-parking use in accordance with a site plan approved by the Commission or, alternatively, the owner may seek a variance from the Board of Zoning Appeals in accordance with the provisions of division (h) of this section.
(2) Accessory Parking. Establishment or expansion of a surface parking lot within the designated districts shall be permitted if the City Planning Commission determines that the lot will be used exclusively for accessory parking spaces to serve a new use or uses proposed for a development, expansion or redevelopment project which has been approved by the City Planning Commission or Landmarks Commission, as applicable, but which has not yet been completed. The number of parking spaces in such accessory lot shall not be greater than one hundred twenty percent (120%) of the number of spaces which would be required for such use by the City’s Zoning Code.
(3) Action Areas. The City Planning Commission shall approve an application for a surface parking lot if the subject property has been designated for surface parking as part of an “action area” (as defined in Section 315.03) of a community development plan adopted by Council in the manner set forth in Title V of the Codified Ordinances.
(4) Vacant Lots. On any vacant lot which was vacant on the initial effective date of this section, a surface parking lot shall be permitted, in accordance with all applicable City regulations.
(f) Existing Surface Lots. Within the designated districts, surface parking lots legally established or approved prior to the initial effective date of this section shall be considered legal nonconforming uses and may be maintained, repaired and improved in accordance with otherwise applicable City regulations. No such lot shall be expanded without approval of the City Planning Commission, in accordance with the provisions of this section.
(g) Variances for Establishment of Parking Lots. In the case of a request for a variance to permit establishment of a surface parking lot which is prohibited by regulations of this section, the Board of Zoning Appeals shall grant such variance only if it determines that denial of the variance would deprive the owner of all reasonable economic use of the subject property. In making this determination, the Board may seek the advice of experts in relevant fields and shall consider the potential for long-term as well as short term economic gain.
(h) Variances for Temporary Lots. In the case of a request for a variance to extend the use of a parking lot approved under division (e)(1) of this section, the Board of Zoning Appeals shall grant such extension only if it determines that redevelopment of the subject property has been delayed by circumstances which are beyond the control of the owner and which would be present regardless of the particular ownership of the property. In such cases, the Board shall not grant an extension for a period greater than one (1) year in duration. The property owner may return to the Board for consideration of further extensions if said circumstances persist.
(Ord. No. 1465-97. Passed 12-15-97, eff. 12-22-97)