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Cleveland City Zoning Code

CHAPTER 334

PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT

§ 334.01 Definitions

   (a)   “Planned Unit Development (PUD) Overlay District” means a special zoning district established to permit a more flexible approach to land use control where such an approach is necessary to achieve a higher quality of development and to facilitate development that is sensitive to special site constraints.
   (b)   “Planned Unit Development (PUD) project” means a development proposal voluntarily submitted for Site Plan approval as provided in this chapter within a PUD Overlay District.
   (c)   “Director” means the Director of the City Planning Commission.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.02 Purpose

   A Planned Unit Development Overlay District is intended for special situations in which adequate space, light, air, and other objectives of City land use regulations can be achieved without the literal application of such regulations. Approval for such a district may be obtained if a PUD area is planned as an integral unit and if its planning is subject to more detailed review and approval by the City than is normally required. Provisions of this chapter may be employed where:
   (a)   Special amenities and benefits to the physical environment of the City, beyond those normally required by City regulations, can be achieved by allowing more flexible planning than is permitted by such regulations; or
   (b)   Properties with special constraints, such as infill parcels, call for a more flexible approach to land use control in order to facilitate development that is sensitive to such constraints.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.03 Applicability

   The provisions of this chapter shall apply to projects in which the developer proposes to achieve a quality of integrated site planning not possible under the constraints of normal zoning requirements. Such projects are voluntarily submitted for Site Plan approval as an alternative to approval under normal requirements. A developer may use provisions of this chapter only for property under his or her ownership or control as evidenced through an option or another written agreement with the property owner. Developments approved as PUD’s shall be regulated by:
   (a)   The specific provisions of an approved Site Plan; and
   (b)   Any requirements of City land use regulations from which an exception has not been provided on the approved Site Plan.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.04 Approval Process

   (a)   Application. An application for mapping of a Planned Unit Development (PUD) Overlay District and for approval of the corresponding Planned Unit Development (PUD) project shall be submitted to the Director of the City Planning Commission. Application for approval of PUD project may be made concurrently with application for designation of a PUD Overlay District; or, alternately, a PUD Overlay District may be approved and designated prior to submission of an application for approval of a PUD project. The application for PUD project approval shall contain eight (8) copies of the narrative items required in Section 334.19 and eight (8) copies of the Site Plan required in Sections 334.17 and 334.20. A more generalized application may be submitted if the applicant selects the Optional Two-Stage Review as provided in Section 334.05.
   (b)   Acceptance of Application. The City Planning Director shall accept an application as provided in division (a), if the Director determines that such application includes all required items. The Director may waive any item, if he or she determines the item is not necessary for a decision on the application or would impose unreasonable expense or delay in relation to the nature of the action proposed. The Director shall advise the City Planning Commission and the City Planning Committee of Council of the items so waived prior to their action on the application. Either of the bodies may rescind the waiver and require the waived item to be submitted before taking action.
   (c)   Referral to City Council. Within three (3) working days after acceptance of the application, the Director shall provide written notification of the acceptance of the application to the member or members of Council in whose ward(s) the project district or project area is located. Provided said member or members of Council do not object, legislation shall be introduced to amend the Zoning Map and to approve the proposed development.
   (d)   Interdepartmental Review. Within three (3) working days after acceptance of the application for approval of a PUD project, the Director shall also transmit the application for review and comment to the Departments of Public Service, Public Safety, Public Utilities, and Community Development, in addition to any other department of City government as the Director deems appropriate. Each such department shall return written comments to the City Planning Director within ten (10) working days of receipt of the application.
   (e)   City Planning Commission Meeting. City Council shall refer the Planned Unit Development legislation to the City Planning Commission for review and recommendation. The City Planning Commission shall make its determination in accordance with the provisions of this chapter and shall also seek advice from the applicable design review advisory committee. The Commission shall recommend either approval, approval with conditions, or disapproval within thirty (30) calendar days of receipt of the legislation from City Council, unless the applicant has requested an extension of this time period.
   (f)   City Council Public Hearing. Within thirty (30) calendar days of action by the City Planning Commission, the City Planning Committee of City Council shall hold a Public Hearing to consider mapping of the PUD Overlay District and/or approval of the proposed PUD project. The Public Hearing shall be advertised and conducted in accordance with Chapter 333 of this Zoning Code. Within ten (10) working days of the conclusion of the Public Hearing, City Council shall take action on the application. A vote of three-fourths (3/4) of the membership of City Council shall be required to take any action different from the advisory action of the City Planning Commission.
   (g)   Transmittal to Commissioner of Building and Housing. Within three (3) working days after approval of legislation for a PUD project by City Council, the City Planning Director shall transmit a copy of the approved Site Plan and any applicable conditions to the Commissioner of Building and Housing for use in reviewing permit applications for development within the Planned Unit Development Overlay District.
   (h)   Rehearing. Except as otherwise provided herein, no application that has been finally disapproved by City Council shall be resubmitted within one (1) year of the date of disapproval or of the expiration of any applicable negotiation period except on the grounds of new factual evidence or a change in conditions found to be valid by the City Planning Commission Director. A tie vote shall not be considered a disapproval for purposes of this paragraph. Revision of an application that removes characteristics on which its disapproval was based may be considered such a change in conditions.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.05 Optional Two-Stage Approval

   In lieu of following the approval process as provided in Section 334.04, an applicant for mapping of a PUD Overlay District and for approval of the corresponding PUD project may request a Two-Stage Approval, which is conducted in the following manner.
   (a)   Stage 1 Approval. The applicant may submit a more generalized application than otherwise required under Section 334.04. The Director, however, may refuse to accept any Stage 1 application that he or she deems to contain insufficient information for meaningful review. Stage 1 approval shall constitute approval of only the level of detail and completeness presented in the Stage 1 application. No permits shall be issued until after Stage 2 approval.
   (b)   Stage 2 Approval. The City Planning Commission and City Council may take final action to approve, conditionally approve, or disapprove an application, or any phase thereof, for which it has given Stage 1 approval. The general terms, conditions, and requirements set forth in a Stage 1 approval shall not be modified, revoked, or otherwise impaired by final Stage 2 action of the City except on the basis of relevant new or changed information submitted with the Stage 2 application. The City Council, however, may rescind Stage 1 approval, and thereby revoke such terms and conditions, if the applicant has failed to file, within three hundred sixty (360) days of the date of initial Stage 1 approval or of approval of an amendment thereto, either an application for Stage 2 approval or an application for an amendment to the previous Stage 1 approval. City Council may grant an extension of this time period upon showing of good cause by the applicant.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.06 Submission of Covenants and Sureties

   (a)   Covenants. Before issuance of any permit or certificate, the applicant shall submit deed restrictions or covenants of a homeowners’ or condominium association which shall provide for:
      (1)   The improvement, preservation, regular maintenance, and public liability insurance required for any open spaces, thoroughfares, utilities, water retention or detention areas, and other common elements not to be dedicated to the City or to another public body; and
      (2)   Such control over the use and exterior design of individual structures, if any, as is necessary for continuing conformance to a Site Plan approved under Section 334.04, which provision shall be binding on all future ownerships.
   (b)   Sureties. Before issuance of any permit of certificate, any financial sureties required by City regulations or by action hereunder of the City Planning Commission or City Council shall be filed with the City.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.07 Recording of Approved Site Plan

   (a)   Filing with County Recorder. The applicant shall file with the County Recorder any Site Plan or Site Plan Amendment, except in the case of a Stage 1 approval, as approved in final action under Section 334.04 or division (b) of Section 334.05 as a plat for the development under the provisions of Chapter 309, whether or not the Site Plan development involves any subdivision of land. The applicant shall submit evidence of such filing to the Division of Engineering and Construction. A Building Permit shall not be issued until the Site Plan is recorded. The applicant shall pay all recording costs.
   (b)   Filing with City Engineer. One (1) reproducible mylar copy of an approved Site Plan or Site Plan Amendment shall be filed with the Division of Engineering and Construction.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.08 Expiration of Approval; Site Restoration

   (a)   Expiration of Site Plan Approval. Site Plan approval, as granted for PUD projects under Section 334.04 or division (b) of Section 334.05, shall be automatically revoked if construction on the development has not begun within two (2) years of the date of final approval or conditional approval thereof, or if the project has not been completed within four (4) years of the date of final approval or conditional approval. City Council may approve one (1) or more extensions of either time period and may establish an initial completion period exceeding four (4) years for projects deemed to be large or complex.
   (b)   Site Restoration. If construction on a property is permanently discontinued as a result of permit expiration, revocation, or for any other reason, the permittee shall repair any excavation, rough grading, or other earth work and restore the site to a safe condition and sightly appearance, as approved by the Commissioner of Engineering and Construction and the Commissioner of Building and Housing.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.09 Amendments to Approved Site Plan

   (a)   Requirement for Amendment. Approval of an amendment to a Site Plan is required for any material change, deletion, or addition made to such Site Plan after Stage 1, Stage 2, or any other approval, or for a Stage 2 Site Plan that does not conform to the Stage 1 Site Plan approved by City Council. The decision for such approval shall be made, pursuant to Section 334.10, by the City Planning Commission and the City Council upon submission of the amendment pursuant to division (b) of this section.
   (b)   Submission of Amendment. An applicant seeking approval of an amendment shall file an application therefor with the Commissioner of Building and Housing. The application shall describe the amendment sought and provide such other information as the City Planning Commission or City Council may require. It shall be accompanied by the number of copies of the proposed amendment required by the Commissioner of Building and Housing and a filing fee determined by the City Council.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.10 Amendment Approval Process

   (a)   Minor Amendments. The Commissioner of Building and Housing shall refer any request for amendment of an approved Site Plan to the Director of the City Planning Commission. The Director shall determine whether the amendment sought is a Minor Amendment as defined in Section 334.11. No public hearing shall be required for a Minor Amendment. An applicant may appeal a decision of the Planning Commission on a Minor Amendment to the Board of Zoning Appeals. The City Planning Commission shall approve Minor Amendments in accordance with the criteria and standards established in this chapter for approval of PUD projects.
   (b)   Other Amendments. For amendments other than Minor Amendments, the full Approval Process set forth in Section 334.04 shall be followed.
   (c)   Approval and Recording. The Planning Commission or City Council shall approve, conditionally approve, or disapprove an amendment. An amended Site Plan shall be recorded in accordance with Section 334.07.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.11 Approval of Minor Amendments

   A Minor Amendment to a Site Plan shall be any change from the previously approved Site Plan, other than changes required by the City, that does not involve any of the items listed in divisions (a)-(e) below.
   (a)   Land Use Change. Any change in land use type or housing type resulting in the addition or removal of a land use or housing type from that shown on the approved plan.
   (b)   Location Change. Any change in the location of a structure, parking or loading area, common or public open space, or any area or right-of-way to be conveyed to or reserved for a public body, by more than twenty (20) feet in any direction, nor a reduction in the spacing between any structures by more than twenty percent (20%).
   (c)   Standards Change. Any change of more than twenty percent (20%) in any nonlocational quantitative specification of the previously approved Site Plan, having the effect of increasing density or reducing open space or landscaping, including:
      (1)   The number or any dimension of lots, yards, structures, pedestrian ways, or vehicular thoroughfares;
      (2)   Any single or two (2) family residential density;
      (3)   Coverage of the site by structures;
      (4)   Amount of common open space acreage;
      (5)   Utility line capacity reduction;
      (6)   Amount of floor area of development other than single and two (2) family residential dwellings;
      (7)   Amount of land to be conveyed to or reserved for a public body;
      (8)   Size or capacity of any parking or loading area;
      (9)   Amount or dimensions of proposed tree or ground cover, landscaping, or screening.
   (d)   Greater Variation Change. Any other change that causes the development to fall short of meeting the requirements of any normally applicable regulation to any greater degree than provided on the previously approved Site Plan.
   (e)   Multiple Amendments. Any change which, when considered together with Minor Amendments previously approved for the same development, fails to meet the foregoing criteria.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.12 Issuance and Revocation of Permit

   (a)   Issuance. Subsequent to approval of all necessary plans and submissions, the Commissioner of Building and Housing shall issue any required permit or certificate, specifying any conditions or restrictions upon which City Council subjected its approval.
   (b)   Revocation. The Commissioner of Building and Housing may at any time revoke any permit or certificate issued pursuant to division (a) if:
      (1)   The action taken after issuance is not consistent with plans and information submitted as part of the approved application; or
      (2)   The resulting development fails to comply with any applicable provisions of City regulations or any conditions of the approved application; or
      (3)   Compliance with such conditions is not maintained at any time; or
      (4)   Approval has expired, as provided in Section 334.08.
   (c)   Notice of Revocation. The Commissioner of Building and Housing shall give the permittee or Certificate holder fifteen (15) business days notice of any intended revocation and the reasons therefor and an opportunity within that period to answer any charges of noncompliance or to propose measures to bring the permitted action into compliance within a reasonable time.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.13 Permits for Developed Lots

   After completion of initial construction, no Building Permit or Certificate of Occupancy shall be issued for any lot within a development or any phase thereof for which a Site Plan has been approved under Section 334.04 or division (b) of Section 334.05 unless one (1) of the following applies:
   (a)   The application for a Building Permit or Certificate of Occupancy conforms to the approved Final Site Plan; or
   (b)   The application conforms to all regulations applicable to properties for which a Site Plan has not been approved and is also generally consistent, in the judgment of the Director, with the approved Site Plan; or
   (c)   An amendment to the approved Site Plan is approved under Section 334.10 to allow the action for which the Permit or Certificate is sought; or
   (d)   For Permits or Certificates affecting a single lot of less than one-fourth (1/4) acre containing less than five thousand (5,000) square feet of gross floor area, a Variance from the Site Plan or the regulations of this Code has been approved by the Board of Zoning Appeals.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.14 Incentives

   The following incentives, in the form of relief from normal regulatory requirements, are offered for developments which meet the standards and criteria established in this chapter for approval of PUD projects. Such incentives shall not be considered Variances and shall not be required to conform to the approval criteria for Variances.
   (a)   Variable Zoning Standards. Except as provided by Section 334.16, standards for lot area, lot width, building height, yard dimensions, off-street parking and loading, landscaping and screening, and signs, may vary from those established in applicable sections of the Zoning Code.
   (b)   Buildings Per Lot. In an approved Site Plan, more than one (1) principal building may be located on a lot.
   (c)   Variable Subdivision Standards. Dimensional and design standards for subdivisions and subdivision improvements, such as for streets, blocks, and sidewalks, may vary from standards established in Chapter 309 and any other relevant City ordinances. Specifications for such construction elements as materials, thicknesses and tolerances, however, may not be varied.
   (d)   Mixed Land Uses. In residential zoning districts, a maximum of thirty percent (30%) of the gross floor area of all residential uses in the PUD project may be devoted to residential uses which are not otherwise permitted; whereas a maximum of ten percent (10%) of the project’s gross floor may be devoted to non-residential uses. In non-residential zoning districts, a maximum of twenty percent (20%) of the PUD project’s gross floor area may be devoted to uses which are not otherwise permitted.
(Ord. No. 1011-94. Passed 6-13-94, eff. 6-22-94)

§ 334.15 Quality of Planning

   In order to be granted the flexibility permitted under the provisions of this chapter, a Site Plan submitted hereunder shall evidence a level of integrated planning and amenity exceeding the level that may be achieved under otherwise applicable regulations. Features contributing to this higher level of planning and amenity include, but are not limited to, the following:
   (a)   Siting of buildings and other facilities in greater harmony with the existing man-made and natural environments on the site and in its surroundings;
   (b)   Buffering of uses from incompatible nearby uses that is superior to that routinely required by City regulations;
   (c)   An amount or quality of landscaping superior to that normally required by City regulations;
   (d)   The amount, quality, and interconnectedness of public or common open space or of areas of public access to the lakefront, riverfront, and other areas of special amenity;
   (e)   Special accommodations for bus or rapid transit, such as weather-protected access from buildings to rapid transit or bus stations or stops:
   (f)   Unusually sensitive adaption of a by-passed infill parcel to the character of its environs;
   (g)   Enclosed, underground, depressed, or outstandingly landscaped parking areas;
   (h)   Varied building setbacks or other measures to reduce monotony in external appearance in multi- building developments;
   (i)   Superior provision in the planning of the site for public security and crime prevention;
   (j)   Architectural design meeting exceptionally high standards of quality and character; and
   (k)   Other features relating to the physical development planning of the property as determined by the City Planning Commission or City Council.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.16 Specific Development Standards

   A PUD development project granted relief from normal regulatory requirements through this chapter shall meet the following specific standards regarding density, yards, and zero lot line development.
   (a)   Maximum Density. Neither the aggregate number of single and two (2) family dwellings, the total floor area, nor the total land coverage by buildings in the development as a whole, or any phase thereof, shall exceed the maximums allowed in the applicable sections of the Zoning Code (i.e., underlying zoning district) by an amount greater than ten percent (10%).
      (1)   For residential uses, land area devoted to new permanent common or public open space provided as part of a development within its residential areas may be included as part of lot or site area for purposes of these calculations.
      (2)   For purposes of division (a)(1), there shall not be counted as open space any land covered by buildings or devoted to streets, parking, loading, service, refuse disposal, storage, vehicular maneuvering or circulation, or fifty percent (50%) of wet and twenty five percent (25%) of dry stormwater retention or detention basins.
   (b)   Yard Obstructions. Where the normal definitions of yards do not apply, the Site Plan shall either:
      (1)   Designate which open spaces on the property are to be treated as front, corner side, interior side, or rear yards for purposes of conformance to Chapter 357; or
      (2)   Be accompanied by homeowners’ or condominium association covenants or other legal instruments governing such obstructions.
   (c)   Zero Lot Line Development. Subject to the restrictions of this division, the otherwise required width or depth of certain yards may be reduced to zero (0) in subdivisions of detached principal residential or non-residential buildings on individual lots. This provision is intended to allow more usable and more easily maintained open spaces on smaller lots, while also protecting privacy and assuring light, air, and safety. Zero (0) lot line developments shall be approved only under the provisions of this chapter except where reduction of a yard to zero qualifies as a variance.
      (1)   Minimum Size. No zero (0) lot line development shall include fewer than six (6) existing or newly subdivided lots. Zero lot line plans shall not apply to isolated individual lots in areas of conventionally sited buildings.
      (2)   Yards.
         A.   The following yards shall not be reduced to zero (0):
            1.   Front and corner side yards;
            2.   Yards that abut an alley;
            3.   Yards that abut a lot not included in a zero lot line development;
            4.   Yards that, if reduced to zero, would result in principal buildings on adjoining lots being separated by less than five (5) feet at any point, except for residential units designed as townhouse or attached single-family units.
         B.   If an interior side yard is reduced to zero (0), the remaining interior or corner side yard shall have a minimum width equal to the sum of the normally required widths of both side yards, except in the case of attached residential units.
      (3)   Required Easement.
         A.   A perpetual easement shall be provided in every yard that abuts a yard reduced to zero (0) on an abutting lot. The easement shall be in favor of the owner of the abutting building wall.
         B.   The easement shall be no less than four (4) feet in width extending along that portion of the lot line that abuts a building on the other lot and including a point of access to the easement from either a building exit or yard or other open space on the adjoining lot.
         C.   The easement shall be shown on the recorded plat and incorporated into each deed transferring title to the property. Proof of recording of such easement shall be submitted to the Commissioner of Building and Housing prior to issuance of a Building Permit.
         D.   Within the easement, there shall be no obstruction otherwise permitted in the applicable yard if it impedes access to the wall on the adjacent lot for painting, cleaning, maintenance, and repair.
         E.   Roof overhangs shall not project more than two (2) feet into the easement on the abutting lot. The roof shall be so designed that water runoff onto the lot is confined to the easement area.
      (4)   Wall Openings. No window, door, air conditioning unit, or other opening shall be located on a building wall that abuts a yard reduced to zero.
(Ord. No. 1011-94. Passed 6-13-94, eff. 6-22-94)

§ 334.17 Site Plan Approval Criteria

   A Site Plan submitted for approval as a PUD project shall be reviewed in accordance with the following approval criteria, in addition to other standards established in this chapter.
   (a)   Site Plan Requirements. The Site Plan shall meet all requirements for PUD projects set forth in this chapter. No modifications to any applicable Code regulations are allowed, other than those permitted herein.
   (b)   Consistency with City Plan. The Site Plan shall be generally consistent with Cleveland’s Comprehensive Plan as adopted by the City Planning Commission.
   (c)   Public Welfare. The Site Plan shall not jeopardize the public health, safety, or welfare.
   (d)   Compatibility with Surroundings. Neither the Site Plan nor any portion thereof shall be unduly injurious to the use and enjoyment of properties within the Plan or in its vicinity; nor shall the Site Plan, or any portion of it, seriously impair property values or environmental quality or significantly impede the development, redevelopment, or conservation of properties within the surrounding area.
   (e)   Circulation and Parking. The Site Plan shall provide for safe and efficient circulation of motor vehicles, pedestrians, and, where applicable, marine or bicycle traffic into, within, and out of the property. The Site Plan shall also provide for adequate access by service and emergency vehicles. It shall provide off- street parking and loading areas appropriate in size and location to planned land uses and to the location of the site. Circulation, parking, and loading facilities shall be adequate in location, size, capacity, and design to ensure safe and efficient circulation of automobiles, trucks, buses, bicycles, pedestrians, fire trucks, garbage trucks, boats, and snow plows, as appropriate, without creating unnecessary traffic hazards, blocking traffic, attracting congestion, creating excessive pedestrian- vehicular conflict, generating unnecessary through- traffic within the site, or unduly interfering with the safety or capacity of adjacent streets, sidewalks, or waterways.
   (f)   Open Spaces and Buffering. Open space between all buildings shall be adequate to allow for light and air, access by fire-fighting equipment, and privacy where walls have windows, terraces, or adjoining patios. Open space or buffering through landscaping or screening along the perimeter of the Site Plan shall be sufficient to reasonably protect existing and permitted future uses of adjacent property from adverse effects. The size, shape, and location of a substantial portion of any public or common open space provided in residential areas shall be useable for recreation purposes.
   (g)   Public Services. The land uses, intensities, and phasing of the Site Plan shall be consistent with the anticipated ability of the City, the school system, and other public bodies to provide and economically support police and fire protection, water supply, sewage disposal, schools, and other public facilities and services required by the development, without placing undue burden on existing residents and businesses. The Site Plan shall not unnecessarily require excessive public investment in installation or maintenance of facilities or services to serve the property but shall be reasonably efficient in its use of public services.
   (h)   Environment. The Site Plan shall not create, or fail to adequately mitigate, adverse environmental effects, such as harmful blockage of light and air, excessive street-level wind currents, glare, noise, or vibration. The Site Plan shall provide for effective storm drainage with minimum ponding, erosion, sedimentation, and discharge of runoff onto abutting lots.
   (i)   Security. The Site Plan shall minimize physical features that provide opportunities for anti- social or criminal behavior or that unduly threaten personal safety either on the site or on adjacent streets or abutting lots.
   (j)   Phasing. Each development phase shown in the Site Plan may, together with any phases that preceded it, exist as an independent unit that meets all of the foregoing criteria and all other applicable regulations herein, even if no subsequent phase is ever completed.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.18 Architectural Design Review

   (a)   Applicability. Within a PUD Overlay District which includes within its boundaries an approved PUD project site plan, no Building Permit shall be issued for any exterior construction or exterior alteration, except as provided in division (b) of this section, without issuance of a Certificate of Appropriateness by the City Planning Commission. In reviewing an application for a Certificate of Appropriateness, the Commission shall be guided by the general architectural standards presented in Section 341.05 of the Zoning Code and by any design guidelines approved by the City Planning Commission for the subject site. The applicant may seek approval of the Certificate of Appropriateness concurrently with or subsequent to approval of the Site Plan for the PUD project.
   (b)   Exemptions. No Certificate of Appropriateness shall be required for the following:
      (1)   Routine maintenance and repair activities resulting in no change in external appearance;
      (2)   Alterations to buildings and properties which are exclusively residential in use; and
      (3)   Alterations or demolition mandated by the Commissioner of Building and Housing to address an immediate danger to human life or health and, therefore, requiring prompt repair or removal, in accordance with the provisions of division (i) of Section 3103.09 of the Cleveland Building Code.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.19 Contents of Submissions

   The following information shall be submitted for all PUD project applications, except for those submissions made for Stage 1 Approvals pursuant to division (a) of Section 334.05.
   (a)   Names and Addresses. The name, address, and weekday daytime phone number of:
      (1)   The applicant;
      (2)   His or her attorney or agent, if any; and
      (3)   Any developer, site planner, architect, or engineer involved in project plans.
   (b)   Name of Project. The name of the development project, if any.
   (c)   Legal Description. Legal descriptions, using metes and bounds or subdivision block and lot number, of the subject property as a whole and of each phase of the proposed development thereof.
   (d)   Location. The street address of the subject property.
   (e)   Filing Fee. The applicable fees for the Division of Building and Housing and the City Planning Commission.
   (f)   Authorization. Written authorization for the filing by the ownership or management of the property, if different from the applicant. Authorization by a manager shall be accompanied by evidence satisfactory to the Commissioner of Building and Housing of his or her authority to act on behalf of the owner.
   (g)   Use. Descriptions of present and proposed uses of the subject property.
   (h)   Criteria Statement. Statement of reasons why applicant believes action requested conforms to applicable Approval Criteria.
   (i)   Common Area Maintenance. Deeds of easement agreements conveying ownership interests in any parcel required or proposed to be conveyed to any public body. In projects with common areas not to be dedicated to a public body, organizational details of all proposed property owners or condominium associations to be responsible for maintenance of common areas. Proposed protective covenants or deed restrictions to govern common open space or other areas. Other documents, if any, governing maintenance of common open space and other common areas. (If the required documents are not available at the time of submission, approval may be made conditional upon satisfactory submission prior to issuance of permits.)
   (j)   Deed Location. Volume and page number of location of recorded deed to subject property in county map records.
   (k)   Zoning. The zoning district classifications of the subject property and all other properties within two hundred (200) feet thereof.
   (l)   Structure Heights. Building heights or fence heights, as applicable, of proposed structures and existing structures to be retained.
   (m)   Dwelling Units. Numbers of dwelling units in proposed buildings and existing buildings proposed to be retained, by number of bedrooms and by any special populations to which occupancy is to be restricted (e.g., elderly, students, or low-income households).
   (n)   Floor Area. Gross and net floor area, as defined herein, of proposed buildings and existing buildings proposed to be retained, by type of use.
   (o)   Number of Employees. Proposed number of permanent employees to be accommodated on the property, including existing employment proposed to be retained, by shift and by full- or part-time status; hours of shifts or other working hours.
   (p)   Lot Coverage. Square footage of the lot to be covered by principal buildings, accessory structures, and paved surfaces.
   (q)   Plat of Survey. A current plat of survey.
   (r)   Site Plan. A Site Plan, in a number of copies specified by the Commissioner of Building and Housing, meeting the requirements of Section 334.19. No site plan shall be required for rezonings initiated by the City.
   (s)   Renderings. Architectural renderings showing substantial design intent for proposed structures, but not necessarily final design detail, unless the applicant seeks final design approval, in which case detailed, colored elevations drawings shall be submitted.
   (t)   Phasing. Chronological schedule of expected beginning and ending dates for proposed stages of construction and improvement of all structures; common or public areas; circulation ways; parking, loading, and service areas; and utilities, showing the interim use and maintenance of areas not under construction in each phase.
   (u)   Open Space. A written statement of the advantages any proposed common or public open space offers at each location for such use and ways such spaces might be used.
   (v)   Traffic Analysis. If deemed necessary by the Director, professional analysis of estimated vehicular trip generated by each phase of the completed development per day and during AM and PM peak hours – including the number of pass-by trips and for mixed use developments, internal trips; the hours of expected AM and PM peak volumes; the assignment of traffic volumes to each driveway or access road into the site; the impact on existing traffic loads in the area; and road construction or traffic control measures needed to accommodate the new traffic.
   (w)   Utility Capacity. If deemed necessary by the Director, evidence concerning the ability of available treatment and distribution capacities of sewer and water supply systems to handle the loads likely to be generated by the development.
   (x)   Final Plat. A Plat of Subdivision and final engineering plans and specifications as required by Chapter 309 of the Codified Ordinances.
   (y)   Hazardous Materials. Descriptions of any known hazardous materials contamination of the site, including buried storage tanks. Description of any hazardous wastes to be generated by the proposed project and of plans for disposal thereof.
   (z)   Other Information. Any other information required by applicable Code regulations, and any information that is deemed necessary by the Director to determine conformance with all applicable Code regulations.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)

§ 334.20 Contents of Site Plan

   The following information shall be included on site plans for all PUD project applications, except for those submitted for Stage 1 Approval pursuant to division (a) of Section 334.05.
   (a)   Scale. Number and graphic scales, north arrow, and date of preparation. Scale used shall be such as the City Planning Commission Director may require.
   (b)   Boundaries. Boundaries of the development and of each phase thereof.
   (c)   Dimensions. Lot lines and dimensions and areas of lots.
   (d)   Easements. Easements and encroachments on the subject property and easements on abutting property in favor of the subject property.
   (e)   Project Data. Data indicating for each development phase:
      (1)   The number of dwelling units broken down by number of bedrooms;
      (2)   The gross floor area, as defined herein, by use type;
      (3)   The number of lots;
      (4)   The gross and net site area, as defined herein; and
      (5)   The land area devoted to streets, off- street parking, off-street loading, recreation space, and each housing and land use type.
   (f)   Drainage. Existing and proposed drainage patterns and appurtenances for collecting storm water.
   (g)   Landscaping.
      (1)   Existing: Existing wooded areas and isolated trees four (4) inches or more in diameter at one (1) foot above natural grade at the base of the tree.
      (2)   Proposed:
         A.   Location, quantity, diameter, installation height, maturity height, caliper at one (1) foot above proposed grade, botanic name, and common name, of all proposed living and non-living landscaping materials and existing materials to be preserved;
         B.   Types and boundaries of proposed ground cover and identification of grass areas to be sodded, plugged or sprigged, and seeded;
         C.   Location and contours at one (1) foot intervals of all proposed berming;
         D.   Dimensions and descriptions, renderings, elevations, or photographs indicating the external appearance, including materials and colors, of all sides of proposed fences, walls, ornamental lighting, and screening treatments; and
         E.   Measures to be taken to protect new and preserved existing trees during construction.
   (h)   Structures. Location, type, shape, dimensions, gross and net floor areas as defined herein, orientation, height in feet, finished grade elevations at all entrances and corners, and number of stories of all existing and proposed structures, including buildings, sign structures, fences, walls, retaining walls, screening, street furniture, bridges, culverts, exterior lighting fixtures, and entrance features. Also, roof lines and roof overhangs in relation to all lot lines and easements.
   (i)   Parking. Location, type, shape, dimensions, surface type, area in square feet, and capacity in number of vehicles of off-street parking and loading spaces and areas, including aisles, curbing, wheel stops, islands, guard rails, driveways, and curb cuts. Number and locations of spaces open to the public, restricted to tenants or customers, and reserved spaces. Number and locations of spaces that are free, available for hourly or daily rental, or leased long-term.
   (j)   Open Uses. Location, dimensions, area in square feet, and surface type for open storage, refuse disposal and service areas.
   (k)   Topography. Map showing existing contours at two (2) foot intervals and proposed grading and contours. Description of amounts and methods of any excavation, dredging or filling proposed, including use of blasting and pile driving and of potential for ground movement and settlement during excavation and impact on adjacent buildings and utility lines.
   (l)   Boundaries. Current school district and municipal boundary lines on or adjacent to site.
   (m)   Circulation. Existing and proposed number, location, alignment, dimensions, design, and construction standards of all public and private thoroughfares, sidewalks, pedestrian and bicycle paths, fire lanes, railroad rights-of-way, curb cuts, and driveways. Existing and proposed streets, intersections, and curb cuts adjacent to the site.
   Information for all curb cuts shall include:
      (1)   Anticipated users (i.e., employees, patrons, delivery trucks, or other uses);
      (2)   Curb cut width, number of lanes, radii of curb returns or angles of flares, dimensions of medians or islands, if any, and all other geometrics; and
      (3)   Distance to property lines, to other curb cuts, existing or proposed, on the subject or adjacent lots, and to street intersections.
   (n)   Common Areas. The number, location, acreage, dimensions, proposed ownership, and provisions for maintenance of any proposed recreational and non-recreational public or common open spaces.
   (o)   Water Areas. Dimensions and locations of existing and proposed natural or artificial bodies of water, flood plains, marsh areas, drainage ditches, wet or dry stormwater detention or retention areas, and any proposed modifications to existing water courses or water bodies, including impact on ground water levels.
   (p)   Subsurface Data. If deemed necessary by the Director, data on subsurface soil, rock, and groundwater conditions.
   (q)   Utilities. Size, purpose, and location of existing and proposed public and private utilities, utility easements, and drainage facilities and proposed connections thereto on or within one hundred (100) feet of the property. Locations of existing and proposed hydrants, catch basins, manholes, and valves.
   (r)   Other Information. Any other information required by applicable Code regulations, or that is deemed necessary by the Director to determine conformance to the regulations of this chapter and all other applicable Code regulations.
(Ord. No. 2093-93. Passed 11-29-93, eff. 12-7-93)