(a)   “Local Retail District” means a business district in which such uses are permitted as are normally required for the daily local retail business needs of the residents of the locality only.

   (b)   Permitted Buildings and Uses. The following buildings and uses are permitted in a Local Retail Business District; and no buildings or premises shall hereafter be erected, altered, used, arranged or designed to be used, in whole or in part for other than one (1) or more of the following specified uses:

      (1)   Except as otherwise provided in this Zoning Code, all uses permitted in the Multi-Family District and as regulated in that district, except that “kindergartens, day nurseries and children’s boarding homes” shall be permitted without the requirement for a specified setback from an adjoining premises in a Residence District not used for a similar purpose;

      (2)   Retail business for local or neighborhood needs to the following limited extent:

         A.   The sale of baked goods, confectionery, dairy products, delicatessen, fruits, vegetables, groceries, meats;

         B.   The sale of dry goods and variety merchandise, excluding department stores;

         C.   The sale of men’s and boy’s furnishings, shoes, hats, women’s ready-to-wear, furs, millinery, apparel, accessories;

         D.   The sale of china, floor covering, hardware, household appliances, radios, paint, wallpaper, materials and objects for interior decorating;

         E.   The sale of books, magazines and newspapers, including adult book stores subject to Section 347.07, cigars, drugs, flowers, gifts, music, photographic goods, sporting goods, stationery;

         F.   Eating places, lunch rooms, restaurants, cafeterias and places for the sale and consumption of soft drinks, juices, ice cream and beverages, but excluding buildings which provide entertainment or dancing and buildings in which beer and intoxicating liquor are sold for consumption on the premises, provided such building for the sale of beer or intoxicating liquor is within five hundred (500) feet of the boundary of a parcel of real estate having situated thereon a school, church, library, nonprofit recreational or community center building or public playground;

         G.   Service establishments: barber or beauty shops, custom tailors, laundry agencies, self- service laundries, hand laundries, shoe repair, ice stations and dry cleaning, pressing or tailoring shops in which not more than five (5) persons are engaged in such work or business at any one time, and in which only nonexplosive and nonflammable solvents are used and no work is done on the premises for retail outlets elsewhere and pet shops, provided noise and odors are effectively confined to the premises. As used in this division (b)(2)G., “pet shops” does not include businesses which board dogs and cats overnight or any pet hospital.

      (3)   Business offices: banks, real estate, insurance and other similar offices, and the offices of the architectural, clerical, engineering, legal, dental, medical or other established recognized professional, but excluding morticians, undertakers and funeral directors, in which only such personnel are employed as are customarily required for the practice of such business or profession;

      (4)   Automotive services: public parking garages and parking lots;

      (5)   Charitable institutions not for correctional purposes;

      (6)   Signs: permitted in accordance with the requirements of Chapter 350;

      (7)   Other main uses: any other neighborhood store, shop or service similar to the uses listed in this division in type of goods or services sold, in business hours, in the number of persons or cars to be attracted to the premises and in effect upon the adjoining Residence Districts;

      (8)   Accessory uses, only to the extent necessary normally accessory to the limited types of neighborhood service use permitted under this division;

      (9)   State-licensed medical marijuana retail dispensary or adult use dispensary, as defined in and subject to Section 347.19 or Section 347.191 of this Code.

(Ord. No. 529-2024. Passed 6-3-24, eff. 7-3-24)

   (a)   As used in this Zoning Code, “Shopping Center District” means a retail business area within or adjacent to a Residence District, characterized by a concentrated grouping of stores, shops and other uses herein permitted, ordinarily planned as a unit and built according to such plan. The designation Shopping Center District shall apply to all areas so designated on the Building Zone Map by appropriate symbol and to all Local Retail Business Districts more than 200 feet in lot depth and more than one (1) acre in area, and, where such local retail business zone is separated from a street line by an adjoining general retail business zone, the Shopping Center District includes such General Retail Business District zone.

   (b)   The Shopping Center District is hereby created in order to secure in such store groupings, so located, traffic safety through provisions for proper traffic routing and car parking, freedom from traffic congestion on public streets through provision for adequate off-street car parking and off-street loading and protection of residential character of neighborhoods through provision of adequate and suitably treated business area open spaces at boundaries adjacent to residential areas.

(Ord. No. 1144-51. Passed 6-25-51, eff. 6-28-51)

   No permit for the construction or occupancy of a Shopping Center District or part thereof shall be issued unless the plans have been approved by the Planning Commission with respect to the provision for off-street parking, the provision for loading docks, the width and location of driveways for the car parking areas and the loading docks, the adequacy of open spaces and suitability of their proposed planting or other treatment at boundaries adjoining or adjacent to Residence Districts.

(Ord. No. 1144-51. Passed 6-25-51, eff. 6-28-51)

   In a Shopping Center District the following buildings and uses are permitted:

   (a)   All uses permitted and as regulated in a Local Retail Business District;

   (b)   The sale of general merchandise, including sale of department stores;

   (c)   Banks.

(Ord. No. 1144-51. Passed 6-25-51, eff. 6-28-51)

   A University (College) Retail District is established in order to provide a zoning use district in which retail uses that relate to the university or college needs may be located as compatible land uses. This District is provided with adequate regulatory controls to protect the surrounding development.

(Ord. No. 1501-72. Passed 4-9-73, eff. 4-12-73)

   As used in this Zoning Code, “university” or “college” means an educational institution as defined in RC 3377.01(A).

(Ord. No. 1501-72. Passed 4-9-73, eff. 4-12-73)

   In a University (College) Retail District the following buildings and uses are permitted:

   Antique shops;

   Art galleries;

   Barber shops and beauty parlors;

   Bicycle rental and repair shops;

   Bookstores;

   Coffee houses;

   Coin and stamp stores;

   Coin-operated dry cleaners and laundries;

   Dressmaking and tailoring shops;

   Eating and drinking establishments for the sale of food, beer or wine for consumption on the premises;

   Gift shops;

   Musical instrument repair shops;

   Private clubs without living accommodations;

   Small appliance, radio and television repair shops, including cameras and typewriters;

   Watch and clock repair shops;

   Wood, leather and metal craftshops;

   Hotels;

   Accessory uses related to a university or college.

(Ord. No. 826-87. Passed 6-16-87, eff. 6-19-87)

   No University (College) Retail District shall be established unless at the time of the introduction of an ordinance therefor, a comprehensive development plan for such area has been approved by the Planning Commission. The comprehensive development plan submitted to the Commission for approval shall contain the following information:

   (a)   The extent, boundaries and area of the proposed district, and the ownership or control of the properties therein;

   (b)   The size and location on the lot of existing and proposed buildings;

   (c)   The size and location of all off-street parking areas;

   (d)   The size and location of any signs.

(Ord. No. 1501-72. Passed 4-9-73, eff. 4-12-73)

   A University (College) Retail District may only be located within an area in which the properties are owned or controlled by a university or college.

(Ord. No. 1501-72. Passed 4-9-73, eff. 4-12-73)

   (a)   “General retail business” means an enterprise for profit for the convenience and service of, and dealing directly with, and accessible to, the ultimate consumer; neither injurious to adjacent premises or to the occupants thereof by reason of the emission of cinders, dust, fumes, noise, odors, refuse matter, smoke, vapor or vibrations; nor dangerous to life or property. It includes buildings or spaces necessary to a permitted use for making or storing articles to be sold at retail on the premises. Except as provided in division (b) of this section, it does not include any establishment which supplies a retail outlet other than that on the premises, or any building or use specifically mentioned as permitted only in a Semi-Industry or Industry District.

   (b)   Permitted Buildings and Uses. The following buildings and uses are permitted in a General Retail Business District; and no buildings or premises shall hereafter be erected, altered, used, arranged or designed to be used, in whole or in part for other than one (1) or more of the following specified uses:

      (1)   Except as otherwise provided in this Zoning Code, all uses permitted and as regulated in any Local Retail Business District;

      (2)   All retail business uses and buildings specified in division (b) of Section 343.01, and uses and buildings to provide for:

         A.   The sale of food and beverages of all kinds, including sale for consumption on the premises;

         B.   The sale of general merchandise, including sale in department stores;

         C.   The sale of apparel of all kinds;

         D.   The sale of furniture and household goods, including furniture and accessory furniture storage;

         E.   The sale of other goods or merchandise;

         F.   Eating places of all types;

         G.   Service establishments: service establishments permitted in a Local Retail Business District without limitation on the number of persons engaged in such work or business; mortuary or undertaking establishment; printing shop, provided not more than five (5) persons are engaged in such work or business; research laboratory, radio or television station, telephone exchange or transformer station, provided all buildings and structures except fences and barriers are located not less than fifteen (15) feet from a Residence District; hospital, sanitarium, convalescent home, rest home, nursing home, orphanage or home for the infirm or aged, provided that all main buildings are not less than fifteen (15) feet from any adjoining premises in a Residence District not used for a similar purpose; cat and dog hospital or pet shop, provided noise and odors are effectively confined to the premises;

         H.   Business offices and services: in addition to the uses permitted in Local Retail Districts, office buildings, banks, business colleges, private trade schools;

         I.   Automotive services: in addition to the uses permitted in Local Retail Districts:

            1.   Motor vehicle service station, as defined in Section 325.486, and meeting the provisions of Section 343.14;

            2.   Car wash, as defined in Section 325.111, and meeting the provisions of Section 343.14;

            3.   Motor vehicle service garage, as defined in Section 325.487, and meeting the provisions of Section 343.14;

            4.   Motor vehicle sales facility, as defined in Section 325.485, except for vehicles exceeding six thousand (6,000) pounds of gross vehicle weight.

         J.   House trailer or travel trailer park, as defined in RC 3733.01, when approved by the Board of Zoning Appeals after public hearing, and when used and maintained in conformity with any conditions specified in such approval;

         K.   Signs: signs permitted in accordance with the requirements of Chapter 350;

         L.   Amusement and recreation: armory, assembly hall, bowling alley, dance hall, video and pinball arcade, pool and billiards theater, skating rink or other social, sport or recreational center operated as a business, all such uses subject to the regulations of Section 347.12 and adult entertainment uses, subject to Section 347.07, provided that the place or building in which any such amusement or recreation use is operated is sufficiently sound-insulated to confine the noise to the premises;

         M.   Transportation services: railroad station; public service station; bus passenger station; bus terminal, provided the roadway of the street upon which the bus entrance or exit is located is at least forty-four (44) feet wide between curbs;

         N.   Office, display or sales space of a wholesale, jobbing or distributing establishment and specifically mentioned as permitted only in a less restricted district, in connection with which not more than twenty-five percent (25%) of the floor area of the building or part of the building occupied by the establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its products or merchandise and provided that:

            1.   Any resulting cinders, dust, fumes, noise, odors, refuse matter, smoke, vapor or vibration is effectively confined to the premises;

            2.   The ground floor premises facing upon and visible from a major street upon which the premises abut shall be used only for entrances, offices or display;

            3.   Adequate off-street loading and unloading facilities are provided and so designed that any standing vehicles using them shall be within the property lines and be either not visible from streets within Retail Business, Local Retail Business or Residence District, or not nearer than fifty (50) feet to such streets.

         O.   Retail poultry business: either as a main use or as an accessory use, including the storing and killing of poultry or game to be sold entirely at retail upon the premises and directly to the ultimate consumer, provided that the enterprise is conducted in strict compliance with all applicable statutes, laws, rules and regulations, including those requiring rat- proofing, and that adjacent premises or the occupants thereof are not injured by reason of the emission of dust, odor, smoke or noise or the accumulation of refuse or offal, and provided further that the buildings in which the killing, storing and selling are done are either detached masonry structures or part of a masonry building used entirely for the handling of poultry and/or game.

            1.   A detached masonry structure used for slaughtering or for storing of live poultry shall have not less than one hundred (100) square feet of floor area and shall be located at least ten (10) feet from any other building or part thereof on the same lot which is used for human habitation, or as a place where other food is prepared, placed, kept or sold.

            2.   Where the slaughtering room is part of a masonry building used entirely for the handling of poultry and/or game, such slaughtering room shall be separated from the sales or storage room by a solid masonry wall in which there may be only one (1) opening not greater than four (4) square feet in size, located not less than four (4) feet above the floors of both rooms, equipped with either a self-closing window or self-closing door. Such slaughtering room shall be entered only from outside the building.

            3.   In either case, such slaughtering room shall be used only for killing, flicking and dressing and shall be not less than twenty- five (25) feet from the boundary of the premises upon which it is located. All offal and refuse must be kept in covered containers within such slaughtering room until removed from the premises.

         Such slaughtering room and every building, room or space used for storage or sale of poultry or game in connection therewith shall be not less than three hundred (300) feet from any Residence District, church, school, playground, library or building of Institutional H Occupancy classification.

         P.   Tattooing and body piercing. As used in this division:

            1.   “Body Piercing” means the piercing of any part of the body by someone other than a physician licensed under RC Chapter 4731, who utilizes a needle or other instrument for the purpose of inserting an object into the body for non-medical purposes; body piercing includes ear piercing except when the ear piercing procedure is performed on the ear with an ear piercing gun.

            2.   “Tattoo” means any method utilizing needles or other instruments by someone other than a physician licensed under RC Chapter 4731, to permanently place designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of a person with ink or any other substance resulting in an alteration of the appearance of the skin.

         Q.   Kennels, either as a main use or an accessory use, provided that all odors, fumes, and noise be confined to the premises and the lot upon which the kennel is located is greater than one hundred (100) feet from a residence district.

            1.   Notwithstanding division (d)(3) of Section 329.03, the Board, on application for a use variance, may permit a Kennel in any use district.

            2.   The limitations stated in divisions (b) and (c) of Section 329.03 shall not apply when deciding whether to issue a use variance for a Kennel, the Board shall evaluate the applicant Kennel’s probable impact on the overall tranquility of the surrounding properties by considering all odors, noises, and fumes that will emanate from the lot on which the applicant Kennel is located.

         R.   Any other building, use or service similar to the uses herein listed in the type of services or goods sold, in the number of persons or cars to be attracted to the premises or in the effect upon adjacent areas in more restricted use districts.

         S.   Any accessory use customarily incident to a use authorized by this section, except that no use specified in divisions (b) and (c) of Section 345.04 as prohibited or permitted only by special permit in a General Industry District shall be permitted as an accessory use.

         T.   Hookah lounge: any facility, establishment or location with patron seating or that is classified or seeks classification as an assembly use as defined in the Ohio Building Code whose business operation includes the smoking of tobacco or any organic or synthetic material, including but not limited to plants, herbs or tobacco, through one or more hookah pipes (also commonly referred to as a hookah, waterpipe, shisha or narghile), including but not limited to establishments known variously as hookah bars, hookah lounges, or hookah cafes that are exempt from the Smoke Free Workplace Act under RC 3794.03.

         U.   Vapor lounge: any facility, establishment or location, whether fixed or mobile, with patron seating or that is classified or seeks classification as an assembly use as defined in the Ohio Building Code whose business operation includes the utilization of a heating element that vaporizes a substance that releases nicotine, tobacco, flavored vapor, or vapor or fumes from any other organic or synthetic material including but not limited to plants, herbs or tobacco, through one or more electronic or battery operated delivery device, including any device known as an electronic cigarette (also commonly referred to as e-cig, e-cigarette, e-pipe, electronic cigarillo, hookah pen, vape pen, vape pipe or any other electronic cigarette product), including but not limited to establishments known variously as vape bars, vape lounges, e-cigarette bars or vape cafes.

      (3)   Hotels;

      (4)   Motels;

      (5)   Charitable institutions, including correctional halfway houses, as regulated in Section 347.15; and notwithstanding any Section of the Codified Ordinances of Cleveland, Ohio, 1976, to the contrary, the Cuyahoga County Youth Intervention Center, providing temporary detention and shelter for juveniles, to be located at East 93rd Street, and Quincy Avenue.

(Ord. No. 529-2024. Passed 6-3-24, eff. 7-3-24)

   Beer and intoxicating liquor may be sold in a Central Business District, as defined in Section 325.12, for consumption on or off the premises, notwithstanding the provisions of Sections 343.01 and 343.11.

(Ord. No. 1232-52. Passed 2-2-53, eff. 2-5-53)

   (a)   Purpose. The Entertainment Overlay District is established to provide appropriate locations for entertainment uses that serve a city-wide or regional market and that are generally incompatible with areas characterized by a concentration of residential uses and uses serving children. In establishing the Entertainment Overlay District, this Council considered the findings stated in division (a) of Section 347.07 and incorporates those findings in this section.

   (b)   Applicability. The Entertainment Overlay District shall be mapped to supplement an underlying zoning district. Regulations of the underlying zoning district shall govern except where in conflict with regulations of the Entertainment District, in which case the regulations of the Entertainment District shall govern. The findings stated in Section 347.07 and the location regulations contained in that section, as well as any location regulations applicable to the other uses permitted in an Entertainment Overlay District, shall be considered when an Entertainment Overlay District is mapped. An Entertainment Overlay district shall be mapped only in General Retail Business Districts and Industrial Districts.

   (c)   Permitted Uses. Only the following uses are permitted in an Entertainment Overlay District:

      (1)   All main and accessory uses permitted in the underlying zoning district;

      (2)   Night clubs, dance halls, game rooms, pool halls, video arcades, bowling alleys, skating rinks, theaters, movie theaters and similar uses providing entertainment and recreation services;

      (3)   Restaurants, bars, taverns, banquet halls, catering halls and similar uses serving food for consumption on the premises;

      (4)   “Adult Entertainment” uses as defined in Section 347.07 of the Zoning Code and as regulated in that section.

   (d)   Number and Location of Adult Entertainment Uses. Not more than one (1) “adult entertainment” use shall be permitted for each one (1) acre of “land area” in an Entertainment Overlay District. Otherwise, adult entertainment uses shall be permitted without the location restrictions specified in division (c) of Section 347.07.

   (e)   Definitions. As used in this section, “land area” means all contiguous land within an Entertainment Overlay District, including land occupied by public streets, but excluding areas occupied by rivers and lakes.

(Ord. No. 990-07. Passed 7-11-07, eff. 7-18-07)

   Motor vehicle service stations, motor vehicle service garages and car washes located in General Retail Business Districts shall be established and maintained in accordance with the following provisions. These regulations shall also be considered by the Board of Zoning Appeals in hearing zoning variance applications for alterations to such uses or variances to establishment of such uses as nonconforming uses in other Business Districts.

   (a)   Location With Respect to Zoning Districts. No motor vehicle service station, motor vehicle service garage or car wash shall be located on a parcel that is within one hundred (100) feet of a Residence District unless the following conditions are met:

      (1)   A solid board-on-board wood fence or brick or stone wall at least six (6) feet in height is placed along any property line abutting a Residence District, in addition to any otherwise required landscaping;

      (2)   No motor vehicle repair activity occurs within ten (10) feet of a Residence District;

      (3)   No service bay or garage door is oriented toward a Residence District.

   (b)   Location With Respect to Streets. No service station shall be located on a “mid-block” property except if located on a street with a right-of-way that is at least eighty (80) feet wide. A “mid-block” property is any property other than a corner property, which is a property located at the intersection of two (2) streets.

   (c)   Hours of Operation. No motor vehicle repairs shall be performed before 7:00 a.m. or after 9:00 p.m.

   (d)   Number and Orientation of Service Bays. A motor vehicle service garage or service station shall include no more than four (4) service bays. For corner properties, such service bays shall be oriented to a street characterized by commercial or industrial uses as opposed to residential or local retail uses, if one (1) or more of the abutting streets can be so characterized. The Department of Building and Housing may consult the City Planning Commission in making such determinations.

   (e)   Outdoor Storage of Materials. All tires, barrels, discarded auto parts, and other outdoor storage of materials used or sold on the premises must be screened from view from adjacent properties and streets by a “screen barrier” as required in Section 352.10.

   (f)   Outdoor Storage of Vehicles. No commercial tractor, trailer or semi-trailer, except trailers designed to be pulled by passenger automobiles, may be parked on the premises of a motor vehicle service station or service garage for more than four (4) hours within any twenty-four (24) hour period, except in case of emergency. Not more than four (4) customer vehicles may be stored overnight in an outdoor location on the premises of a motor vehicle service station or service garage. A vehicle that is not in working order shall not be stored on such premises for more than forty-eight (48) hours.

   (g)   Location of Fuel Pumps. Fuel pumps at motor vehicle service stations may be located in a required yard but shall be set back at least fifteen (15) feet from any street right-of-way line and any property line.

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   In a Local Retail Business District or a General Retail Business District, plans for access to the land uses therein shall be approved by the Commissioner of Traffic Engineering and Parking who shall ascertain that the driveways used to provide accessibility to these uses shall be located and arranged to minimize traffic congestion in conformity with the regulations herein set forth:

   (a)   Not more than one (1) driveway shall be permitted on a lot of land with a frontage of one hundred (100) feet or less, but two (2) driveways may be permitted on a lot of land with a frontage of not less than one hundred fifty (150) feet. However, the Commissioner of Traffic Engineering and Parking may permit two (2) driveways on a lot of land with a frontage of not less than one hundred thirty (130) feet if the driveways are so located and constructed as to provide safety to the pedestrians and to the motorists using the property.

   Where two (2) driveways are permitted:

      (1)   If the center line of the driveway is at right angles to the property line, there shall be a minimum of thirty (30) feet of unbroken curb between driveways and a minimum driveway radius of six (6) feet;

      (2)   If the center line of the driveway is at other than right angles to the property line there shall be a minimum of thirty (30) feet of unbroken curb between driveways, the acute angle radius shall be not less than three (3) feet, and there shall be a minimum of sixteen (16) feet between the inside lines of the driveways at the property line.

   (b)   No driveway shall be located so that there would be less than fifteen (15) feet between the point of tangency of the driveway apron radius and the outside crosswalk line at the intersection when such driveway is on the approach side of an intersection. In such cases as the driveway is on the leaving side of the intersection, the requirement shall be five (5) feet between the outside crosswalk line and the point of tangency of the driveway apron radius.

   (c)   Any other driveway providing access to a property shall be located so that there would be not less than fifteen (15) feet between the point of tangency of the driveway apron radius and a prolongation of the property line to the curb line measured at the curb line.

   (d)   The maximum width of a driveway shall be thirty (30) feet measured at right angles to the angle of the driveway entrance. Such driveway shall have a curb cut of not more than sixty (60) feet.

   (e)   There must be a minimum of thirty (30) feet of unbroken curb between successive driveways on the same or adjoining land uses.

   (f)   Where there is a lot of land with a frontage of not less than one hundred fifty (150) feet, a divided driveway may be permitted provided that the median strip between each roadway of the divided driveway shall be at least six (6) feet in width and each roadway shall be not less than twenty-four (24) feet in width nor more than thirty (30) feet in width provided that the total width of any divided driveway shall not exceed sixty-six (66) feet in width.

(Ord. No. 914-A-70. Passed 6-29-70, eff. 6-29-70)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   (a)   Purpose. The Limited Retail District is established in order to provide a zoning use district in retail areas undergoing planned redevelopment and public reinvestment. This district is provided with adequate regulatory controls which restrict permitted uses of land and buildings to those compatible with a district’s emerging character while, simultaneously, reducing hardships for existing uses which do not conform with these regulations.

   (b)   Permitted Buildings and Uses. Except as provided in division (c) of this section, all uses permitted and as regulated in any General Retail Business District shall be permitted in a Limited Retail District. No buildings or premises shall hereafter be erected, altered, used, arranged or designed to be used, in whole or in part, for other than one (1) or more of such permitted uses.

   (c)   Prohibited Uses. The following uses as permitted and described in Section 343.11 of the General Retail Business District are hereby prohibited in the Limited Retail District:

      (1)   Mortuary or undertaking establishments;

      (2)   Telephone exchanges and transformer stations;

      (3)   Service garages;

      (4)   Sale of new or used motor vehicles or trailers;

      (5)   House trailers or trailer parks;

      (6)   Transportation services;

      (7)   Retail Poultry business;

      (8)   Auto car wash or auto laundry;

      (9)   Adult Entertainment;

      (10)   Billboards and advertising signs as defined in division (b) of Section 325.64 of this Zoning Code.

   (d)   Nonconforming Uses. Notwithstanding division (c) of this section and the provisions of Chapter 359, any non-conforming use legally established within the Limited Retail District prior to the effective date of this section may move to one (1) and only one (1) other location within said District, provided, however, that any such use which moves pursuant to the provisions of this division shall cease operation no later than eight (8) years after the effective date of this section.

(Ord. No. 1368-90. Passed 6-18-90, eff. 6-27-90)

   (a)   Purpose. The Pedestrian Retail Overlay (PRO) District is established to maintain the economic viability of older neighborhood shopping districts by preserving the pedestrian-oriented character of those districts and to protect public safety by minimizing conflicts between vehicles and pedestrians in neighborhood shopping districts.

   (b)   Mapping. The PRO District is an overlay district which shall be mapped only in an area where at least seventy-five percent (75%) of the underlying zoning is either Local Retail or General Retail. In every PRO District, any street frontage to be considered a "Pedestrian Retail Street Frontage," as defined in this section, shall be marked on the Zoning Map, with either one (1) or both sides of a street designated as such.

   (c)   Applicability. The PRO District regulations shall apply only in those portions of a PRO District in which the underlying zoning is either Local Retail or General Retail. In the relevant portions of a PRO District, the regulations of the underlying zoning district shall govern except where in conflict with the regulations of the PRO District, in which case the regulations of the PRO District shall govern.

   (d)   Definitions. As used in this section, the following terms shall be defined as stated below:

      (1)   "Pedestrian Retail Street Frontage" means that side or sides of a public street frontage where pedestrian-oriented retail shopping activity exists or is expected to exist and such street frontage is specifically designated on the Zoning Map.

      (2)   "Pedestrian Retail Space" means that portion of a building or property located at or closest to the level of the public sidewalk and within forty (40) feet of a Pedestrian Retail Street Frontage.

      (3)   "Open Sales Lot" means a property or portion of a property used for the sale of merchandise stored in outdoor, unenclosed locations.

      (4)   "Institutional Use" means, for purposes of this section, a school, day care center, place of worship, place of assembly, hospital, nursing home, residential treatment facility, or similar use.

      (5)   "Non-Retail Office" means an office use whose primary activity does not involve service to customers or clients on the premises.

   (e)   Use Regulations. All uses permitted in the underlying retail zoning district shall be permitted in the PRO District, except that the use of Pedestrian Retail Spaces, as defined in this section, shall be further limited as follows.

      (1)   Prohibited Uses. For Pedestrian Retail Spaces, as defined in this section, the following uses shall be prohibited:

         A.   Open sales lots, as defined in this section;

         B.   Filling and service stations;

         C.   Car washes; and

         D.   Any business served by a drive-through lane providing access to windows or other facilities at which food or merchandise can be ordered or picked up, or business can be transacted by a person in a motor vehicle.

      (2)   Conditional Uses. For Pedestrian Retail Spaces, as defined in this section, the following uses shall be permitted as Conditional Uses, as approved by the City Planning Commission under the approval criteria provided in this section:

         A.   Off-street parking or loading areas;

         B.   Driveways extending across a public sidewalk;

         C.   Residential, institutional and non-retail office uses, as defined herein, except that ground-floor entrances and lobbies serving such uses located on upper floors or in a basement level shall be permitted without the requirement for conditional approval;

         D.   Any building-enclosed use that does not have a public pedestrian entrance from the Pedestrian Retail Street Frontage; and

         E.   A building with an interior side yard more than four (4) feet in width and located within forty (40) feet of a Pedestrian Retail Frontage.

   (f)   Criteria for Conditional Uses. The City Planning Commission shall approve a Conditional Use application if it determines that the application meets the following criteria:

      (1)   In the case of a proposed residential, institutional or non-retail office use, one (1) or more of the following conditions apply:

         A.   The subject building space was designed specifically for the type of use proposed and, as such, occupancy by an allowed use is an unreasonable expectation;

         B.   Denial of the application for occupancy by a conditional use would result in a long-term vacancy of the subject property, as demonstrated by the applicant;

         C.   It has been determined that the proposed use is needed in the immediate area and that suitable alternative locations are unavailable.

      (2)   In the case of a proposed off street parking or loading area or driveway, one (1) or both of the following conditions apply.

         A.   The size, shape or layout of the subject property does not permit placement of the parking, loading or driveway in a more suitable location.

         B.   It has been demonstrated by the applicant that placement of the parking, loading or driveway in an allowed location would jeopardize the continued occupancy of the subject property by uses suited to the PRO District.

      (3)   In the case of a building enclosed use that does not have an entrance from the Pedestrian Retail Street Frontage, one (1) or both of the following conditions apply:

         A.   The proposed use will occupy an existing building that lacks such pedestrian entrance, and the addition of a conforming pedestrian entrance is made infeasible by the configuration of the interior space or other factors related to the design and placement of the building.

         B.   Placement of the pedestrian entrance in a location other than on the Pedestrian Retail Street Frontage will result in more suitable pedestrian access.

      (4)   In the case of an interior side yard more than four (4) feet in width and located within forty (40) feet of a Pedestrian Retail Frontage, the subject building will be occupied by residential units which require the greater side yard area to allow for desirable levels of light and air.

   (g)   Maximum Setbacks. Notwithstanding the provisions of the underlying zoning district, properties in PRO Districts shall conform to the following regulations with respect to maximum setbacks.

      (1)   Front Street Yard. No main building on a lot abutting a Pedestrian Retail Street Frontage shall be set back more than five (5) feet from the Pedestrian Retail Street Frontage unless the City Planning Commission has approved establishment of a surface parking lot in such location as a Conditional Use. Such building features as entrances and display windows may be set back up to an additional five (5) feet as long as these features occupy no more than fifty percent (50%) of the building's total frontage. These setback regulations shall not apply to portions of buildings above the first-story level.

      (2)   Interior Side Yard. No portion of an interior side yard located within forty (40) feet of a Pedestrian Retail Street Frontage shall exceed four (4) feet in width on the ground floor level, unless the City Planning Commission has approved a driveway or a residential side yard in such location as a Conditional Use.

      (3)   Exceptions for Outdoor Cafes. A building may be set back a maximum of fifteen (15) feet from the Pedestrian Retail Street Frontage in order to accommodate a permanent outdoor café. If use of such café is discontinued for a period of two (2) years or more, the setback area shall be landscaped or otherwise improved in accordance with a plan approved by the City Planning Commission.

   (h)   Window Areas. For any nonresidential building or storefront facing a Pedestrian Retail Street Frontage, not less than sixty percent (60%) of the front facade between two and one-half (2-1/2) and seven and one-half (7-1/2) feet in height shall be composed of transparent windows or doors. In addition, not more than twenty-five percent (25%) of such window or door area on a building or storefront shall be covered with permanent signs.

   (i)   Parking. In recognition of the expected greater use of public transit, bicycles and walking by customers and employees traveling to PRO Districts, the minimum number of parking spaces otherwise required by the Zoning Code shall be reduced by thirty-three percent (33%) for retail business uses in the districts. The Board of Zoning Appeals may further reduce parking requirements where it has been demonstrated that additional parking is available in common or shared parking facilities or in on-street parking areas located within a reasonable walking distance of the use, given the nature of the use and the district. The Board shall also consider factors as the number of bicycle racks available in proximity to a use. In making its determination, the Board shall be guided by an up-to-date analysis of parking supply and demand and other relevant factors submitted by or on behalf of the applicant. The City Planning Commission shall maintain a file of all such parking analyses submitted for properties in each PRO District.

   (j)   Signs in the Public Street Right-of-Way. An ordinance to map a PRO District in a particular location may include permission to place private signs in the public street right-of-way under the regulations of Chapter 512 of the Codified Ordinances. Such provision shall be included in the PRO designation only if it is determined, on the basis of a survey and analysis conducted by the City Planning Commission, that the particular PRO District is characterized by a preponderance of restaurants and small independent stores for which signs placed near the street curb would provide useful information to pedestrians seeking goods and services and would enhance the pedestrian-oriented image of the district. Any PRO District designated for display of signs in the street right-of-way shall be shown on the Zoning Map as a "PRO-S" District, with "S" noting the presence of special sign provisions. No sign permitted by these provisions shall be displayed without design approval of the sign's structure and permanent elements by the City Planning Commission, or where applicable, by the Landmarks Commission.

   (k)   Variances. The Board of Zoning Appeals may grant variances to requirements of this section under the applicable criteria stated in Chapter 329 of this code. In the case of an appeal for a variance to permit a drive-through business in a PRO District, the Board shall consider the following factors based, in part, on a traffic study performed by the applicant:

      (1)   The anticipated volume of vehicular use of the proposed drive-through facility, with higher volumes considered to detract from the pedestrian character of the district;

      (2)   The anticipated proportion of drive-through customer transactions to all transactions at the business, with over fifty percent (50%) of drive-through transactions indicating that the business is an inappropriate use for a Pedestrian Retail District.

      (3)   The impact of the drive-through facility on the pedestrian character of the designated Pedestrian Retail Street Frontage;

      (4)   The impact on traffic safety and pedestrian safety in the vicinity of the drive-through business.

   (l)   Appeals. Appeals from the decision of the City Planning Commission to approve or disapprove Conditional Uses in Pedestrian Retail Spaces shall be made to the Board of Zoning Appeals.

(Ord. No. 887-18. Passed 6-3-19, eff. 7-3-19)