As used in this chapter, the following terms shall be defined as stated below:

   (a)   "Active uses" are those uses that generate customer or visitor traffic such as retail, restaurants, personal services, offices, residential uses, and building lobbies. Uses that are not considered active uses include, but are not limited to, non-habitable spaces, hallways, storage, mechanical, utility spaces, trash rooms or areas, loading docks, parking, or similar.

   (b)   "Balcony" means an exterior space or platform that projects from the wall of a building and includes a railing or balustrade.

   (c)   "Block" means the aggregate of private lots, pedestrian passages, and alleys circumscribed by street right-of-ways (ROWs).

   (d)   "Block length" means the distance between the intersection of two (2) street ROWs, measured at the street line.

   (e)   "Frontage build-out" means the portion of the principal and secondary street frontage containing a building.

   (f)   "Human-scaled materials" are defined as twelve inch (12") maximum width in either the vertical or the horizontal dimension. The other dimension is unlimited. Examples include brick, stone, wood, fiber-cement lap siding, terra cotta, or similar materials.

   (g)   "Liner building" means a building that is placed between a street line and off-street parking in order to screen the parking from the public ROW.

   (h)   "Open sales lot" means open land that is used or occupied for the purpose of buying, selling, or storing prior to sale passenger cars, trucks, motor scooters, motorcycles, boats, trailers, recreational vehicles, manufactured homes, cemetery monuments, nursery plants or supplies, or other merchandise.

   (i)   "Plaza" means an open space available to the public for civic purposes and commercial activities. A plaza shall be spatially defined by building frontages. Its landscape shall consist primarily of pavement. Plazas are often located at the intersection of important streets. Plazas generally range from one-eighth (1/8) acre to two (2) acres in size.

   (j)   "Secondary street frontage" means that on corner lots, all street lines that are not the principal frontage are considered secondary street frontages; also known as the side street frontage.

   (k)   "Square" is an open space available to the public for unstructured recreation and civic purposes. A square shall be spatially defined by building frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares are generally located at the intersection of important streets. Squares may range from one (1) acre to five (5) acres in size.

   (l)   "Stoop" means an entrance wherein the facade of the main building is aligned close to the urban frontage line with the first-story elevated from the sidewalk for privacy, with an exterior stair and landing at the entrance.

   (m)   "Streetscreen" means a freestanding wall built along the street line, in the front or sideyard setback, or coplanar with the main building facade. Where permissible, it may mask a parking lot from the ROW, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm.

   (n)   "Street line" means the lot line dividing the lot from a street, under Chapter 325 of this Code.

   (o)   "Urban frontage line" means that side or sides of a public street frontage that is specifically designated on the Zoning Map.

   (p)   "Urban street 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 an urban frontage line.

(Ord. No. 364-16. Passed 5-2-16, eff. 5-4-16)

   One of the following features shall be required on principal street frontages:

   Porch
   Terrace or lightwell
   Forecourt
   Stoop; twelve (12) sq. ft. min.
   Shopfront
   Gallery; eight (8) ft. min. depth
   Arcade; eight (8) ft. min. depth

(Ord. No. 364-16. Passed 5-2-16, eff. 5-4-16)

   In a district created under this chapter, the regulations of the underlying zoning district shall govern except where in conflict with the regulations of the applicable district created under this chapter, in which case the regulations of the applicable district created under this chapter shall govern.

(Ord. No. 364-16. Passed 5-2-16, eff. 5-4-16)

   (a)   Purpose. The Urban Form Overlay (UF) District is established to foster a high level of walkability and design quality for Cleveland's urban streets. The UF will do this by requiring pedestrian-oriented building features, preserving and enhancing the architectural character of new and existing buildings and protecting public safety by minimizing conflicts between vehicles and pedestrians.

   (b)   Mapping. Areas designated as UF Districts are planned to be densely developed areas characterized by a preponderance of buildings set relatively close to the street with parking located behind the main building. In every UF District, any street frontage to be considered an "Urban Frontage Line", as defined in this section, shall be marked on the Zoning Map, with either one or both sides of a street designated as such.

   (c)   Use Regulations. All uses permitted in the underlying zoning district shall be permitted in the UF District, except that the following uses shall be regulated as follows:

      (1)   Open sales lots are prohibited;

      (2)   Gas station pump islands are prohibited within the urban street space;

      (3)   Any business served by a drive-thru shall have all points of customer interaction located outside of the urban street space; and

      (4)   A parking lot as a main use is prohibited.

   (d)   New Construction and Additions.

 

   (e)   For purposes of this section, "principal street frontage" means the side or sides of a public street frontage that is specifically designated on the Zoning Map or where there is only one street frontage, it is the street line.

   (f)   Variances.

      (1)   An applicant seeking a variance shall submit a site plan, color elevations, and other drawings as requested or necessary to compare and contrast a code compliant building with the proposed non-compliant building. Such exhibits shall demonstrate, based upon a preponderance of competent, probative evidence as evaluated under the guidelines set forth in division (f)(2) below, that the standard for granting a variance has been met.

      (2)   To ensure the development of a safe and cohesive district, the Board of Zoning Appeals shall have limited authority to grant variances from the following specific provisions of the UF District requirements.

         A.   The Board of Zoning Appeals shall have no authority to grant a variance to eliminate the requirement for the first story of a liner building. Where the Board of Zoning Appeals grants a variance to eliminate the requirement for a liner building above the first story, all building facades above the first story shall have architectural treatments that screen the view of parking from the ROW by the use of walls, glazing, decorative screens, durable plantings, or similar materials. Exposed structural spandrels are prohibited.

         B.   Parking Requirements. The Board may grant a variance above the maximum amount of parking spaces permitted by this section, where the applicant has either shown a good faith effort to first utilize district parking, on-street parking and /or secure shared-use agreements with adjacent property owners or has agreed to make its parking lot available for shared parking with neighboring businesses.

(Ord. No. 364-16. Passed 5-2-16, eff. 5-4-16)

   (a)   Purpose. The Urban Core Overlay (UC) District is established to foster the development of dense, vibrant, mixed-use neighborhoods that encourage a quality pedestrian experience. The UC achieves this goal for urban cores by setting forth requirements for consistent street walls, pedestrian-oriented building features, minimizing conflicts between vehicles and pedestrians, and screening of off-street parking and service areas.

   (b)   Mapping. The UC District may be overlayed on any zoning district where authorized by ordinance of Council. Areas designated as UC Districts are planned to be developed in accordance with the purpose set forth herein.

   (c)   Use Regulations. All uses permitted in the underlying zoning district shall be permitted in the UC District, except that the following uses as regulated below:

      (1)   Open sales lots are prohibited;

      (2)   Any establishment 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 is prohibited when accessed from a principal or secondary street frontage.

   (d)   New Construction and Additions.

 

   (e)   For purposes of this section, "principal street frontage" means the street line where the principal building entrance and address are located.

   (f)   The Commission may approve an application under this section with design and dimensional elements that are in accordance with the following standards when the site plans, color elevations, or other drawings demonstrate the proposed building configuration, design, or garage better meet the purpose of the Urban Core Overlay:

      (1)   Frontage build-out should not be less than sixty percent (60%) on each of the principal and secondary street frontages;

      (2)   Active use on the first-story should not be less than fifty percent (50%) on each of the principal and secondary street frontages;

      (3)   First-story non-residential glazing should not be less than fifty percent (50%) on each of the principal and secondary street frontages;

      (4)   Garage doors facing a principal or secondary street frontage for single-family, two-family and townhouse units should be no wider than ten (10) feet.

(Ord. No. 364-16. Passed 5-2-16, eff. 5-4-16)