(a)   Light Industrial. An establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial processing of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes, but is not limited to, a business engaged in the processing, fabrication, assembly, treatment or packaging of food and beverages, textile, leather, wood, paper, chemical, plastic or metal products, but does not include basic industrial processing from raw materials.

   (b)   Outdoor Display. The placing of merchandise in an outdoor area that is open to the general public when the merchandise on display is removed from its shipping package and is representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area.

   (c)   Outdoor Storage. The keeping, in an area outside of a building, of any goods, materials, or merchandise in the same place for more than twenty- four (24) hours, except for merchandise placed in an area for outside display.

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)

   A Midtown Mixed-Use District (MMUD) and its regulations are established in order to permit and encourage an intensity and mix of development that supports and implements the development policies that have been established for this area by the City of Cleveland, the Greater Cleveland Regional Transit Authority (GCRTA), and Midtown Cleveland, Inc. The intention in establishing this District in the development regulations to is to permit specific uses, at a development intensity and with an urban form in a manner that:

   (a)   Encourages a pedestrian-oriented mix of uses including retail, residential, offices and light industrial;

   (b)   Expands the available economic development options while strengthening the existing uses found in the Midtown District;

   (c)   Encourages a compact land development pattern that increases resident and employment densities to support the GCRTA’s Euclid Corridor Transportation Project investment and facilitates transit usage to/from the Midtown area;

   (d)   Ensures that new development and/or redevelopment will occur in a unified manner consistent with the Midtown Cleveland Inc. Strategic Plan as adopted by the Cleveland City Planning Commission;

   (e)   Establishes design criteria for new development or redevelopment to ensure that an aesthetically pleasing and pedestrian friendly environment is provided.

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)

   The boundaries of the Midtown Mixed-Use District (MMUD), and any of its four (4) sub-areas, as defined below, may be established only in accordance with the required procedures for a Zoning Map amendment under Chapter 331. The boundaries of the Midtown Mixed-Use District and its sub-areas shall be indicated on the official City of Cleveland Zoning Map with the symbol MMUD.

   (a)   Euclid Corridor Development Sub-Area (MMUD-1): Provides for a mix of land uses to be built at higher densities; requiring the siting of buildings closer to the front property line and closer to each other; facilitating pedestrian access to the proposed transit stops and to buildings; and encouraging the location of retail shops, plazas and other pedestrian amenities at the ground level of buildings.

   (b)   Chester Corridor Development Sub-Area (MMUD-2): Provides for a residential area of medium density adjacent to the existing residential areas on the north side that reinforces the landscaped character of Chester Avenue and permits expansion of the Euclid Corridor Development Area patterns when a mixed-use project extends to Chester Avenue from Euclid Avenue.

   (c)   Carnegie Corridor Development Sub-Area (MMUD-3): Provides for a mix of uses that includes accommodating auto-oriented retail and light industrial uses in a manner that encourages placing buildings near the street with landscaping along the frontage.

   (d)   Chester Corridor West Development Sub- Area (MMUD-4): Provides for light industrial uses in a manner that encourages placing buildings near the street with landscaping along the frontage.

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)

   Buildings and land shall be used, and buildings shall be designed, erected, altered, moved or maintained, in whole or in part in the MMUD only for the uses listed herein.

   (a)   A use listed in Schedule 344.04 shall be permitted by right when denoted by the letter “P” provided that all requirements of other City ordinances and this zoning code have been met;

   (b)   A use listed in Schedule 344.04 shall be permitted as a conditional use when denoted by the letter “C” subject to the approval of the City Planning Commission as set forth in the regulations contained in Section 344.12.

   (c)   A use listed in Schedule 344.04 shall be permitted as an accessory use when denoted by the letter “A”. Such accessory uses shall be permitted as a subordinate use when it is clearly incidental to and located on the same zoning lot as the principal building or use.

   (d)   A use not listed in Schedule 344.04 as either a permitted principal or conditional use shall be a prohibited use in the MMUD zoning district.

   Schedule 344.04

 

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)

   (a)   Principal and accessory buildings shall be located on a lot in a manner that maintains the front, side and rear yard requirements as set forth in Schedule 344.05.

   Schedule 344.05

 

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)

   (a)   Principal buildings shall have building width characteristics as set forth in Schedule 344.06:

   Schedule 344.06

 

 

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)

   Principal buildings shall have height characteristics as set forth in Schedule 344.07:

   Schedule 344.07

 

 

(Ord. No. 161-06. Passed 4-17-06, eff. 4-21-06)

   (a)   Off-street parking and loading areas in the MMUD shall conform to the parking requirements in Chapter 349, except as modified herein. Where there is conflict between a provision in this section and a provision in Chapter 349, the requirement of this section shall prevail.

   (b)   All accessory off-street parking spaces in the entire MMUD shall comply with parking setback requirements set forth in division (a) of Section 344.05.

   (c)   Off-street loading in the entire MMUD shall be from the rear if possible, or from the side where rear loading is not possible.

   (d)   In the MMUD-1:

      (1)   The minimum parking requirement for various uses shall be fifty percent (50%) of what is required in Section 349.04;

      (2)   Accessory off-street parking spaces serving two (2) or more uses that are located on the same lot or parcel may be combined and used jointly by such uses, and may have its total parking requirement reduced by up to fifty percent (50%), as approved by the City Planning Commission notwithstanding the provisions of Section 349.06 “Mixed Use Facilities,” if it can be demonstrated that the lesser number of spaces is appropriate and consistent with these regulations;

      (3)   Maximum parking for retail uses may not exceed one hundred percent (100%) of the requirements specified in Chapter 349;

      (4)   Vehicle access to parking should be from side streets and not from Euclid Avenue where possible.

      (5)   Bicycle parking shall be provided at the level of one (1) for every twenty (20) automobile parking spaces, with a minimum of two (2) spaces and a maximum of forty (40) spaces. No bicycle parking is required where less than twenty (20) automobile parking spaces are required.

   (e)   In the MMUD-2 and MMUD-3:

      (1)   Maximum parking for retail uses may not exceed one hundred twenty percent (120%) of the requirements specified in Chapter 349.

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)

   (a)   Visual Screening and Landscape Buffers. Visual screening and landscaping buffers shall be provided for all lots in the entire MMUD in accordance with the provisions in Chapter 352 as applicable to the Central Business District, referenced in Section 352.03(d)(6), except as modified herein. Where there is conflict between a provision in this section and a provision in Chapter 352, the requirement of this section shall prevail.

      (1)   A Frontage Strip shall be provided as specified in Section 352.10 – “Table Containing Uses Requiring Other Screening or Landscaping.”

         A.   In the MMUD-1 and MMUD-3, the frontage strips shall be at least of the intensity specified in Section 352.11 – “Table Containing Screening Intensity” and required setback areas may be enhanced further with pedestrian amenities such as benches, public art and similar features.

         B.   In the MMUD-2, the frontage strips shall be at least twenty (20) feet.

      (2)   An Island Strip as required by Section 352.10 – “Table Containing Uses Requiring Other Screening or Landscaping.”

      (3)   Off-street accessory parking spaces shall be screened from an adjacent Residential District consistent with the provisions of Section 349.08.

      (4)   A landscaping plan shall be submitted consistent with the requirements of Section 352.04.

      (5)   Materials used for landscaping shall be consistent with the requirements provided in Section 352.05.

   (b)   Fencing. Fencing requirements shall be provided for all lots in the MMUD in accordance with the provisions set forth herein and those referenced in Chapter 352. Where there is conflict between a provision in this section and a provision in Chapter 352, the requirement of this section shall prevail.

      (1)   In the entire MMUD, only ornamental fences up to five (5) feet in height with twenty-five percent (25%) maximum opacity are permitted in the required building and parking setback area unless provided for screening pursuant to Chapter 352. Alternatively, a masonry wall up to three (3) feet in height may be provided in lieu of an ornamental fence in the required building and parking setback area unless the fence is provided for screening pursuant to Chapter 352.

      (2)   In the entire MMUD, fences and walls shall be permitted in interior rear and side yards consistent with the following:

         A.   The fence shall not exceed seven (7) feet in height.

         B.   The fence shall be to the side and rear of the building, starting at the building line, and may not encroach on the front setback.

   (c)   Lighting Requirements. Appropriate site lighting, including lights for signs, buildings and streets, shall be arranged so as to provide safety, utility and security and control light trespass and glare on adjacent properties and public roadways. Lighting shall be provided for all parking lots in the entire MMUD in accordance with the provisions set forth herein.

      (1)   All developments with ten (10) or more parking spaces are required to provide exterior lighting for all vehicular use areas including entrance and exit access drives and pedestrian paths connecting parking areas to principal buildings.

      (2)   Lighting shall be integrated into the public character both in terms of illumination and fixtures.

      (3)   Light poles shall not be higher than thirty (30) feet.

      (4)   All parking lot and security lighting fixtures shall be full cut-off fixtures except for decorative lighting meaning that the lighting fixture is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.

      (5)   Automobile-oriented uses such as gasoline service stations, automotive service stations and drive-through facilities shall install recessed ceiling fixtures in any canopy.

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)

   All new development or redevelopment projects in the MMUD shall be subject to the design guidelines and review procedures established in Section 303.08. The following design criteria are also established to ensure that new development or redevelopment in the MMUD-1 complies with the purpose and objectives of this chapter, as set forth in Section 344.01.

   (a)   General Criteria.

      (1)   The proposal shall enhance and improve the character of the community and be appropriate and compatible with its surroundings in accordance with the intent, objectives and development requirements set forth in this chapter.

      (2)   Buildings, structures and landscaping should be designed and located on the site and be of a scale and massing to complement adjacent buildings and enhance the character of the surrounding area.

      (3)   Each building or unit of a multiple building development should have its own distinct identity, yet should also be compatible with adjacent units or buildings in terms of scale, proportion, color, and materials.

      (4)   Ingress and egress to drive-thru facilities, if permitted, should be from side streets, not from Euclid Avenue.

   (b)   Building Design, Walls and Materials.

      (1)   Building Design.

         A.   Building entrances should be oriented to Euclid Avenue where feasible.

         B.   Architectural style is not restricted, but the evaluation of the appearance of the project shall be based on the quality of its design and relationship to the prevailing design characteristics of the surrounding area.

         C.   Building components, such as windows, doors, eaves, and parapets, shall be composed on a facade of a building with harmonious proportions in relationship to one another and surrounding buildings.

         D.   Architectural features should be placed upon a facade of a building in a pattern that creates a building fenestration that has a constant rhythm and harmonious appearance.

      (2)   Building Walls.

         A.   When the wall of a non-residential building faces a public right-of-way or is within forty- five (45) degrees of facing a public right-of-way, a minimum of fifty percent (50%) of such wall area, on the ground floor, shall have display-type windows. The bottom edge of such window shall not be higher than three (3) feet above grade. A maximum of twenty percent (20%) of such windows may be opaque.

         B.   Walls shall have no more than twenty (20) feet of continuous wall length devoid of windows, on any ground floor, unless the wall includes architectural features such as piers, columns, defined bays or an undulation of the building, so that a pedestrian scale, rhythm, and visual interest is created.

         C.   Walls that meet the following criteria shall be exempt from the requirements of division (c)(2) above:

            1.   Two (2) walls face one another, are separated by not more than thirty (30) feet and the space between the two (2) walls is used for servicing the buildings; or

            2.   The wall faces an area devoted solely to loading and delivery and the wall is screened from view from all public rights-of-way, parking areas and abutting residential areas.

      (3)   Building Materials.

         A.   Buildings shall have finish materials on all sides, including brick, stone, decorative split face block or similar materials. Finish materials shall not include exposed concrete or cinder block or stucco (commonly known as “dryvit”) unless it is utilized with bands of accent color, recessed or protruding belt courses, wide reveals or combinations thereof.

         B.   A combination of materials, textures, colors, and finishes are preferred to create visual interest.

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)

   (a)   Any existing building in MMUD-1 that contains an industrial use at the time that the boundaries for the MMUD-1 in which it is located are established shall be considered conforming to the use provisions of Chapter 344 and may continue as an industrial use.

   (b)   Any existing building in MMUD-1 that does not meet the minimum height requirements at the time that the boundaries for the MMUD-1 in which it is located are established shall be considered as conforming to the building height requirements of Chapter 344.

   (c)   Residential projects, both apartment and townhouse/attached housing projects, in the MMUD-1 will include at least sixty percent (60%) of the ground floor area of the project as retail, day care, or similar use providing tenant/resident amenity or service. This requirement may be suspended or reduced if it is determined by the City Planning Commission that (1) sufficient ground-level retail is provided by other projects constructed or approved in the MMUD-1 District, or (2) the particular configuration of an existing building and its property make compliance infeasible.

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)

   (a)   General Criteria. A conditional use, and uses accessory to such conditional use, shall be permitted in the MMUD only when specified as a conditional use in such District, and only if such use conforms to the following general criteria, and the specific conditions, standards and regulations set forth in this section. The City Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following criteria and shall find adequate evidence that the use, as proposed, satisfies the following criteria:

      (1)   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area;

      (2)   Will not restrict or adversely affect the existing use of the adjacent property owners;

      (3)   Will be properly landscaped in compliance with Section 344.09;

      (4)   That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare.

   (b)   Supplemental Criteria for Specific Uses. The following are specific conditions, standards and regulations for certain conditional uses.

      (1)   Automotive Sales and Related. (MMUD-3)

         A.   A service garage, leasing department and other activities, including cleaning, servicing and repair, customarily incidental to an automobile dealer shall be permitted provided these activities are conducted in a wholly enclosed building; vehicles currently being repaired at a service garage may be stored outside for up to forty-eight (48) hours.

         B.   No junk, inoperative or unlicensed vehicle, except for the inventory of new or used cars for sale, shall be permitted to remain outside an enclosed building for more than forty-eight (48) hours.

         C.   Display of vehicles for sale shall be located on a paved surface and shall comply with the parking setback requirements of division (a) of Section 344.05.

         D.   Lighting for all areas used for the outdoor display of automobiles shall be in accordance with a lighting plan approved by the City Planning Commission pursuant to Section 344.09(c).

      (2)   Drive-thru Facility. (MMUD-1)

         A.   Such facilities shall be located to the rear of the building if possible or in an area least disruptive to pedestrian or vehicular traffic if location to the rear of the building is not feasible.

         B.   To the extent possible, access to the drive-thru should be provided from a side street and, if necessary, there shall be only one (1) access to/from Euclid Avenue.

         C.   Any proposed loudspeaker system shall be approved by the City Planning Commission.

         D.   At least five (5) waiting or stacking parking spaces shall be provided in addition to the required number of parking spaces specified in Section 344.08 unless deemed unnecessary by the City Planning Commission.

      (3)   Gasoline Service Stations, Automotive Service Stations and Automotive Repair Garages. (MMUD-3)

         A.   Fuel pumps and associated access aisles and canopies shall comply with the parking setbacks set forth in Schedule 344.05(a).

         B.   When located on a corner lot, the location of access drives shall be placed as far as possible from the intersection and shall be limited to no more than one (1) access drive per fronting street.

         C.   A car wash establishment may be combined with a gasoline station or automotive service station provided that the minimum lot are for the combined uses is a minimum of fifty thousand (50,000) square feet.

         D.   An area for vehicular circulation that is not otherwise used for required parking shall be provided at each end of a gasoline pump island. Such area shall be a minimum of thirty (30) feet in width.

      (4)   Outdoor Storage. (MMUD-3 and MMUD-4)

         A.   Outdoor storage of materials includes the storage of goods, materials or products associated with the principal use. The storage of radioactive, toxic or otherwise hazardous materials shall not be permitted.

         B.   The following provisions shall apply to outdoor storage of goods and materials:

            1.   Areas devoted to outdoor storage shall be located in a side or rear yard only and shall comply with the building setbacks set forth for the sub-districts in Schedule 344.05;

            2.   All outdoor storage areas shall be contiguous to the principal building;

            3.   No outdoor storage area shall be permitted to occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access;

            4.   The area of the lot devoted to outdoor storage shall not exceed twenty-five percent (25%) of the ground floor area of the principal building;

            5.   Areas devoted to outdoor storage shall be paved with asphalt or concrete and free of dust;

            6.   All outdoor storage areas shall be enclosed with a solid wall or fence, including solid gates. The wall or fence shall be at least seven (7) feet tall. No razor or barb wire shall be permitted. Where the fencing presents a face to the front or to a public street, a landscaping strip of at least three (3) feet shall be provided with fifty percent (50%) opacity at planting as a means of camouflaging the storage wall or fence;

            7.   No signs shall be permitted in conjunction with outdoor storage areas except those otherwise in compliance with the sign regulations in Chapter 350;

            8.   No junk, inoperative or unlicensed vehicle, except for the inventory of new or used cars for sale, shall be permitted to remain outside an enclosed building for more than forty-eight (48) hours.

      (5)   Outdoor Display. (MMUD-2)

         A.   Outdoor display of materials includes merchandise in an outdoor area that is representative of the merchandise for sale from inside the building and is permitted by retail uses subject to the following provisions:

         B.   The display of merchandise for sale is limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by the employees of such principal business;

         C.   The areas devoted to outdoor display must comply with all building setbacks and yard regulations set forth in Schedule 344.05 and be contiguous to the building;

         D.   The height of the outdoor display may not exceed six (6) feet;

         E.   No outdoor display is permitted to occupy or interfere with traffic circulations, required parking areas, public sidewalks or pedestrian access;

         F.   No signs are permitted in conjunction with the outdoor display except those otherwise in compliance with the sign regulations in Chapter 350.

      (6)   MMUD-1 Uses and Development Standards in the MMUD-2. (MMUD-2 and MMUD-4)

         A.   The intention is to permit the extension of a mixed-use development project initiated on Euclid Avenue through the block to the south side of Chester Avenue when the project would complement the residential uses on Chester Avenue.

         B.   When approved by the City Planning Commission, such a mixed-use development project as permitted in the MMUD-1, including the permitted uses and development standards, shall be acceptable for property located in the MMUD-2 or MMUD-4 when the following are provided:

            1.   Building frontage on both Chester and Euclid Avenues with at least one (1) main building entrance provided on each street;

            2.   Accessory parking is provided internal to the site and is accessed from a side street.

      (7)   Retail Uses. (MMUD-4)

         A.   Retail uses in the MMUD-4 shall be permitted only if fronting W. 55th Street.

      (8)   Townhouse Unit, Row House or Dwelling, Single-family Attached. (MMUD-1)

         A.   Single-family units in the MMUD-1 are permitted to locate on the side streets perpendicular to Euclid Avenue.

         B.   Single-family units in the MMUD-1 must have vehicle ingress/egress from the side streets and not from Euclid Avenue.

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)

   All development within the MMUD shall be subject to the development review requirements set forth in Chapter 303, Business Revitalization District.

(Ord. No. 910-05. Passed 7-13-05, eff. 8-22-05)