CHAPTER 301 – TRANSIT ORIENTED DEVELOPMENT AND TRANSPORTATION DEMAND MANAGEMENT

301.01   Statement of Purpose

301.02   Definitions

301.03   Applicability

301.04   Exemptions from and Alternative Regulations to the Zoning Code

301.05   Transportation Demand Management Program Standards

301.06   Transportation Demand Management Plan Review

301.07   Transportation Demand Management Registration and Implementation

301.08   Transportation Demand Management Registration Application

301.09   Transportation Demand Management Registration Issuance; Renewal

301.10   Appeals

301.99   Penalties

§ 301.01 Statement of Purpose

   These regulations are adopted for the following purposes: to support the implementation of the general plan, as amended, adopted by the City Planning Commission in accordance with § 76-2; to create neighborhoods where every resident can survive and thrive, and where their needs and desired amenities can be reached quickly and safely via a variety of transportation modes including walking, biking, transit, and motor vehicles; to support the welfare of the region's bus and rail transit system by permitting compact land use and development suitable to the sustainable operation and expansion of transit services across the City of Cleveland; to support the City of Cleveland in reaching goals described in its adopted Climate Action Plan related to environmental sustainability, the reduction of carbon emissions and decarbonization, and transportation equity; and to promote public health, safety, and general welfare of the people of the City of Cleveland.

(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)

§ 301.02 Definitions

   As used in this chapter:

   (a)   "Director" means the Director of the City Planning Commission.

   (b)   "Headway(s)" means the distance or duration between vehicles in a transit system measured in space or time.

   (c)   "High Frequency Transit Station" means any bus and rail stop or station with service headways of fifteen (15) minutes or less at any given time of day.

   (d)   "Single Occupancy Vehicle Trips" or "SOV Trips" is a measure of the number of trips from an origin to a destination conducted by a sole occupant of a motor vehicle.

   (e)   "Transportation Demand Management" or "TDM" means design features, incentives, and tools implemented by a Transit Oriented Development Project to meet the City's goals stated in Section 301.01 and the TDM Standards adopted pursuant to Section 301.05.

   (f)   "Transportation Demand Management Menu" or "TDM Menu" means the specific TDM options available to TOD Projects to comply with the requirements of TDM Program, as established and maintained in the TDM Program Standards.

   (g)   "Transportation Demand Management Plan" or "TDM Plan" means a Transit Oriented Development Project's plan describing compliance with the Transportation Demand Management Program Standards.

   (h)   "Transportation Demand Management Program" or "TDM Program" means the requirement that Transit Oriented Development Projects incorporate Transportation Demand Management in the proposed projects.

   (i)   "Transportation Demand Management Program Standards" or "TDM Program Standards" means all the rules and requirements as adopted by the City Planning Commission pursuant to Section 301.05.

   (j)   "Transportation Demand Management Tier" or "TDM Tier" means the category assigned based on the characteristics of a TOD Project as defined by the TDM Program Standards adopted by the City Planning Commission pursuant to Section 301.05.

   (k)   "Transit Oriented Development Project" or "TOD Project" means 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.

   (l)   "Transit Oriented Development Zone" or "TOD Zone" is the area within 1/4 mile radius of a High Frequency Transit Station and that is depicted in the TDM Program Standards.

   (m)   "Vehicle Miles Traveled" or "VMT" is a measure of the distance in miles traveled in a personal automobile via expected trips generated by a TOD Project and more fully described in the TDM Program Standards adopted by the City Planning Commission.

(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)

§ 301.03 Applicability

   (a)   No building permit or final certificate of occupancy shall be issued by the City without the submission to and approval by the Director of a TDM Plan submitted by, or on behalf of, the property owner for a TOD Project that is assigned a TDM Tier of one (1) or greater in accordance with the TDM Program Standards.

   (b)   No final certificate of occupancy shall be issued by the City without the issuance of a Certificate of Registration required under Section 301.07.

   (c)   Exception. No TOD Project consisting of five thousand (5,000) square feet or fewer shall be subject to the TDM Program Standards.

(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)

§ 301.04 Exemptions from and Alternative Regulations to the Zoning Code

   Notwithstanding other provisions in the Zoning Code, TOD Projects are exempt from all requirements for a minimum number of off-street vehicular parking spaces in the Zoning Code.

(Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)