(a)   Permitted Buildings and Uses. In a Limited One-Family District the following buildings and uses are permitted:

      (1)   One-family dwelling houses and their accessory buildings and uses. Except as otherwise provided in this Zoning Code, no main building or premises in a Limited One-Family District shall hereafter be erected, altered, used, arranged or designed to be used, in whole or in part for other than a dwelling house occupied by not more than one (1) family;

      (2)   Schools, dormitories constructed or operated by an existing permitted school, libraries or museums and police protective facilities therefor, providing they are not conducted as a gainful business, places of worship, if permitted by the Board of Zoning Appeals after public notice and public hearing under appropriate safeguards and such special conditions as the Board deems necessary, and if in the judgment of the Board such uses and buildings are appropriately located and designed and will meet a community need without adversely affecting the neighborhood.

   (b)   Proximity to Other Buildings. Every dwelling house hereafter erected in a Limited One-Family District shall be not less than twenty (20) feet from any other main building in the District.

(Ord. No. 918-59. Passed 6-1-59, eff. 7-12-59)

   In a One-Family District, the following buildings and uses and their accessory buildings and uses are permitted:

   (a)   Dwelling houses, each occupied by not more than one (1) family and not more than two (2) roomers or boarders;

   (b)   Playgrounds, parks;

   (c)   The extension of existing cemeteries;

   (d)   Railroad rights-of-way, not including switching, storage or freight yards or industrial sidings;

   (e)   Agricultural uses, subject to the regulations of Section 337.25 and Section 347.02;

   (f)   The following buildings and uses, if located not less than fifteen (15) feet from any adjoining premises in a Residence District not used for a similar purpose:

      (1)   Churches and other places of worship, but not including funeral chapels or mortuary chapels;

      (2)   Telephone exchanges and static transformer stations, provided there is no public business office or any storage yard or storage building operated in connection therewith;

      (3)   Bus turn-around and layover areas operated by a public transit agency provided that no buildings other than a passenger shelter and restroom are located at each site, and provided, further, that any layover space accommodates no more than two (2) buses.

   (g)   The following buildings and uses, if approved by the Board of Zoning Appeals after public notice and public hearing, and if adequate yard spaces and other safeguards to preserve the character of the neighborhood are provided, and if in the judgment of the Board such buildings and uses are appropriately located and designed and will meet a community need without adversely affecting the neighborhood:

      (1)   A temporary or permanent use of a building by a nonprofit organization for a dormitory, fraternity or sorority house, for the accommodation of those enrolled in or employed by an educational institution permitted in the District;

      (2)   Fire stations, police stations;

      (3)   The following buildings and uses, if located not less than thirty (30) feet from any adjoining premises in a Residence District not used for a similar purpose, and subject to the review and approval of the Board of Zoning Appeals as stated above:

         A.   Public libraries or museums, and public or private schools or colleges including accessory laboratories, provided such private schools or colleges are not conducted as a gainful business;

         B.   Recreation or community center buildings, parish houses and grounds for games and sports, except those of which a chief activity is one customarily carried on primarily for gain;

         C.   Day nurseries, kindergartens;

         D.   Hospitals, sanitariums, nursing, rest or convalescent homes, not primarily for contagious diseases nor for the care of drug or liquor patients, nor for the care of the insane or developmentally disabled;

         E.   Orphanages;

         F.   Homes for the aged or similar homes;

         G.   Charitable institutions not for correctional purposes.

      (4)   The following buildings and uses, if located not less than fifty (50) feet from adjoining premises in a Residence District not used for a similar purpose, and subject to the review and approval of the Board of Zoning Appeals as stated above.

         A.   Municipal recreation buildings;

         B.   Municipal swimming pools;

      (5)   Crematories in existing cemeteries, provided they are not less than three hundred (300) feet from any boundary that abuts a Residence District, and subject to the review and approval of the Board of Zoning Appeals as stated above.

   (h)   A residential facility, as defined in Chapter 325 of this Zoning Code, for one (1) to five (5) unrelated persons, provided it is located not less than one thousand (1,000) feet from another residential facility. Residential facilities shall comply with area, height, yard and architectural compatibility requirements of this Zoning Code applicable to residences in One-Family Districts.

(Ord. No. 586-16. Passed 7-13-16, eff. 7-17-16)

   In a Two-Family District the following buildings and uses are permitted:

   (a)   Dwelling houses, each occupied by not more than two (2) families and not more than two (2) roomers or boarders.

   (b)   All other uses permitted and as regulated in a One-Family District.

   (c)   The Board of Zoning Appeals, after public notice and public hearing, and upon prescribing proper safeguards to preserve the character of the neighborhood, may grant special permits for the remodeling of existing dwelling houses or the erection of row houses to provide for more than two (2) dwelling units but not more than six dwelling units in each building, provided that:

      (1)   The square feet of lot area to be allotted to each dwelling unit is in accordance with the area regulations included in Chapter 355;

      (2)   The dwelling units to be created will be not smaller than two (2) rooms and a bathroom;

      (3)   There will be no exterior evidence that a remodeled dwelling house is occupied by more than two (2) families, except such as may be permitted by the Board;

      (4)   The building when altered or erected and when occupied will conform to all the applicable provisions of the Building and Housing Codes and as the Commissioner of Building and the Commissioner of Housing so certify;

      (5)   Garage space or hard surfaced and drained parking space will be provided upon the premises for the cars of the families to be accommodated on the premises at the rate of not less than one (1) car per family.

(Ord. No. 740-67. Passed 5-22-67, eff. 5-23-67)

   (a)   Purpose. Townhouse Districts (i.e., Residential Attached Districts) are established to set the requirements for the form, site plan and building features of Townhouse Projects, as defined below.

   Safe sidewalks, inviting streets and compelling urban form are essential elements of vibrant, walkable urban neighborhoods. The inherent density of townhouses is a key component of this vision, but without thoughtful site planning and architectural design, this goal will not be fully realized. The provisions and standards of this section are intended to accommodate a variety of innovative housing typologies for infill development and to ensure compatibility of such units in Cleveland’s neighborhoods.

   The following regulations provide clear guidance for the development and design of high quality Townhouse Projects in Cleveland that protect the health, safety, and general welfare of all citizens. The standards set forth in division (f) of this section are applied uniformly and are the minimum standards for any Townhouse Project.

   (b)   Definitions.

      (1)   “Townhouse Unit” is a one (1) or two (2) family dwelling unit on its own lot, which is attached to one (1) or more other Townhouse Units by fire walls or fire separation walls.

      (2)   “Townhouse Building” is a building composed of two (2) or more Townhouse Units.

      (3)   “Townhouse Project” is any combination of one (1) family or two (2) family detached dwelling units, Townhouse Units, and/or Townhouse Buildings submitted to the City as a unified development proposal. When one (1) family or two (2) family detached dwelling units are part of a Townhouse Project application, they must be contiguous with Townhouse Units and must comply with all requirements for Townhouse Units for the purposes of this section. One (1) family or two (2) family detached dwelling units may not exceed one-third (1/3) of the total unit count for a Townhouse Project in order to be reviewed under Section 337.031.

      (4)   “Principal Pedestrian Entrance” is the exterior door exclusive to the dwelling unit that offers a pedestrian the most visible and direct means of ingress and egress to a public right of way or private walkway.

      (5)   “ Primary Street Frontage” is the street line where a Townhouse Unit’s Principal Pedestrian Entrance is located. Where a Townhouse Unit has a lot line abutting a Public Space, that frontage shall be regulated as a Primary Street Frontage.

      (6)   “Secondary Street Frontage” is, for corner lots, any street line that is not the Primary Street Frontage, and is sometimes also known as the “side street frontage”.

      (7)   “Interior Frontage” is, for lots fronting an alley or without a street line, the frontage of a Townhouse Unit where the Principal Pedestrian Entrance is located.

      (8)   “Frontage Build-Out” is the portion of the Primary and Secondary Street Frontage containing a building.

      (9)   “Active Uses” are those habitable spaces of a dwelling most often used for living, eating or cooking. These spaces encourage “eyes on the street” and include such spaces as living rooms, offices, kitchens, and the like. Non-habitable spaces, garages, hallways, corridors, bathrooms, closets, storage, mechanical rooms, utility spaces, and the like are not considered Active Uses.

      (10)   “Human-Scaled Materials” are materials which have a maximum width of twelve inches (12") in either the vertical or the horizontal dimension. The other dimension is unlimited. Examples include brick, stone, wood, fiber-cement lap siding, terra cotta, and the like.

      (11)   “Motor Court” is an internal “private road” for a Townhouse Project allowing access from a public right-of-way to private garages or parking spaces. Court regulations in Section 357.16 of these Codified Ordinances do not apply to Townhouse Units and/or Townhouse Projects.

      (12)   “Mews Unit” is any Townhouse Unit with an Interior Frontage facing a Motor Court fronting a private walkway.

      (13)   “Private Road” is a privately owned, controlled and maintained drive, street, road or lane that provides the primary means of vehicular ingress or egress to a common access drive for two (2) or more lots, even if such lots have Primary Street Frontage.

      (14)   “Private Walkway” is any sidewalk or passageway located on privately-owned property.

      (15)   “Transition” is an additional setback for each story that begins above twenty-four feet (24') or for each story over the second story, whichever is less. It is a buffer requirement measured from the setback building line that is adjacent to a common property line and abuts a district with a lower height intensity.

 

 

      (3)   Building Features. Townhouse units shall contribute to the character of the public realm by drawing from the best examples of architecture and urbanism. Townhouse units shall be designed to create active, attractive, street frontages that promote safety and walkability using the essential elements of traditional urban architecture as regulated in division (g) of this section.

      (4)   Circulation and Parking. Circulation and parking shall be designed to achieve the following:

         A.   Provide proper access for service and safety vehicles;

         B.   Minimize conflicts between pedestrians and vehicles;

         C.   Minimize the number of curb cuts;

         D.   Maximize opportunities for on-street parking, transit waiting environments, bike lanes, drop-off zones, street furniture, public amenities, and preserving and street trees by prohibiting front loaded garages and unenclosed parking in front yards; and

         E.   Prohibits placement of garage doors so close to sidewalks as to impair pedestrian safety.

 

Example application of Director discretion: In the RA-3 District the Director may administratively reduce the required Interior Front Yard Depth from the numerical standard of 10' to 8' (10' x 0.8 = 8').

   A limited Multi-Family District is established in order to provide a zoning use district within which one (1), two (2) and multi-family buildings may locate as compatible land uses. This is a district of low population density equivalent to the population densities of a Two-Family District. The yard and lot area requirements are such as will afford maximum protection to the various permitted uses. To secure these ends, a building permit for the construction of an apartment house or group of apartment houses shall not be issued until the Planning Commission has approved the plans for the proposed development. Such plans shall include a site plan showing the location and size of the buildings and their relationship to other buildings on adjoining lots. The plan shall also show the design of that area to be devoted to off-street parking, the number of off-street parking spaces, a system of vehicular traffic circulation and points of access from adjoining streets. The plan shall also show landscape treatment at the boundaries of the proposed development indicating the type, size and location of trees, shrubs and other landscaping. In making its determination the Planning Commission shall require conformance to the provisions of this section, and shall be satisfied that the proposed development plans will provide the maximum residential amenities as applied to the adjoining lots as well as the proposed development itself.

(Ord. No. 2222-58. Passed 2-16-59, eff. 3-29-59)

   The following are permitted buildings and uses in a Limited Multi-Family District:

   (a)   All uses permitted and as regulated in a One- Family District;

   (b)   Row Houses;

   (c)   Apartment houses provided that they conform to the requirements of Section 337.06.

(Ord. No. 2222-58. Passed 2-16-59, eff. 3-29-59)

   (a)   Maximum Gross Floor Area. The maximum gross floor area for all buildings shall not exceed one-half (1/2) the lot area.

   (b)   Minimum Lot Area. The minimum lot area for each dwelling unit shall be two thousand four hundred (2,400) square feet.

   (c)   Required Side Yards. Two (2) side yards shall be required with a minimum width for each side yard of twenty (20) feet, notwithstanding the provisions of Section 357.09.

   (d)   Required Rear Yard. A rear yard shall be provided with a minimum depth of fifty (50) feet except that where the rear lot line adjoins the boundary of a less restricted area district, the provisions of Section 357.08 shall apply.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   Except as otherwise specifically provided in this Zoning Code, no building or premises in a Multi- Family District 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:

   (a)   All uses permitted and as regulated in a Two-Family District;

   (b)   Row houses, apartment houses;

   (c)   Rooming houses, boarding houses, tourist homes;

   (d)   The following buildings or uses, if located not less than ten (10) feet from any adjoining premises in a Residence District not used for a similar purpose:

      (1)   Dormitories;

      (2)   Reserved;

      (3)   Lodges or social buildings and their grounds, except those a chief activity of which is one customarily carried on primarily for gain;

      (4)   Police stations, fire stations;

      (5)   Other public buildings or properties of a character not customarily conducted as a gainful business.

   (e)   The following buildings and uses if located not less than fifteen (15) feet from any adjoining premises in a Residence District not used for a similar purpose:

      (1)   Public libraries, public museums;

      (2)   Public or private schools or colleges, including accessory laboratories, not conducted as a gainful business;

      (3)   Kindergartens, day nurseries, children’s boarding homes;

      (4)   Fraternity houses, sorority houses;

      (5)   Hospitals, sanitariums, nursing, rest or convalescent homes, not primarily for contagious diseases nor for the care of epileptics or drug or liquor patients, nor for the care of the insane or feeble- minded;

      (6)   Orphanages;

      (7)   Homes for the aged and similar homes;

      (8)   Charitable institutions not for correctional purposes.

   (f)   Accessory uses permitted in a Multi-Family District.

   (g)   A residential facility, as defined in Chapter 325 of this Zoning Code, for six (6) to sixteen (16) persons may be permitted as a conditional use. The City Planning Commission shall approve a residential facility as a conditional use in a Multi-Family District only when the residential facility is located not less than one thousand (1,000) feet from another residential facility and only if the City Planning Commission determines that the conditional use meets the following zoning and architectural criteria:

      (1)   the architectural design and site layout of the home and the location, nature and height of any walls, screens, and fences are compatible with adjoining land uses and the residential character of the neighborhood, as may be specified in applicable Zoning Code regulations for Multi-Family Districts; and

      (2)   the use complies with all applicable yard, parking and sign regulations in this Zoning Code for Multi-Family Districts.

(Ord. No. 586-16. Passed 7-13-16, eff. 7-17-16)

   (a)   Purpose. A Downtown Residential (DR) District is established to reserve suitably-located sites for development or retention of residential uses, supplemented by compatible retail or office uses, within the downtown area of the City of Cleveland. Reservation of such sites for residential use is intended to strengthen the economy of the City’s central business district by supplementing the demand for retail and entertainment uses, particularly during evening and weekend hours. Establishment of a downtown residential zoning district is also intended to protect residential uses in the downtown area from detrimental effects of incompatible uses.

   (b)   Definition of Residential Use. For purposes of this section, the term “residential use” shall refer to dwelling units, hotel rooms, dormitory rooms, live/work space, and all hallways and other common areas serving such units or rooms.

   (c)   Permitted Uses. In a Downtown Residential (DR) District, permitted uses shall be limited to the following, provided that at least fifty-one percent (51%) of all floor area devoted to main uses in each main building or complex of main and accessory buildings shall be in residential use, as defined in division (b) of this section:

      (1)   Residential uses: including “Class A” multiple dwellings, townhouse buildings and dormitories;

      (2)   Professional, business, governmental, institutional and medical offices;

      (3)   Restaurants, taverns and other eating establishments;

      (4)   Retail stores and retail services, except as prohibited in division (d) of this section;

      (5)   Theaters, nightclubs, dance halls, bowling alleys, skating rinks and other places of entertainment and recreation, except as prohibited in division (d) of this section;

      (6)   Banks and other financial service establishments, copying and printing services, employment agencies, and other business service establishments, except as prohibited in division (d) of this section;

      (7)   Museums, libraries, galleries, schools, places of worship, daycare centers, and other cultural and institutional uses, not for correctional purposes;

      (8)   Parking and other accessory uses permitted in Multi-Family and General Retail Districts, and rooftop antennae and associated equipment for transmission or reception;

      (9)   Uses similar to those permitted with respect to the type of goods sold, the type of services offered, hours of operation, and effects on nearby residential uses.

   (d)   Prohibited Uses. All uses not listed as permitted nor determined to be a similar use are prohibited. In addition, the following uses are specifically prohibited in Downtown Residential (DR) Districts:

      (1)   Uses permitted only in an Industrial District;

      (2)   Service stations, service garages, and car washes (“automobile laundries”), except as an accessory use to a multiple dwelling, where such services are available exclusively to residents to the multiple dwelling and for which no exterior signs are displayed;

      (3)   Adult entertainment uses, as defined in Section 347.07 of this Code;

      (4)   Animal kennels and establishments in which animal slaughtering is conducted.

   (e)   Limitation on Parking. In Downtown Residential (DR) Districts, parking shall be permitted as an accessory use but shall be limited to a maximum of two (2) parking spaces per dwelling unit plus the minimum number of parking spaces that would be required for any non-residential floor area, if such property were subject to the parking requirements of this zoning code.

   (f)   Limitation on Location of Non-Residential Main Uses. In Downtown Residential (DR) Districts, no building shall be devoted exclusively to retail, office, or other permitted non-residential main uses. Such uses shall be located only in buildings which are devoted principally to residential use or to garages providing parking for the residential uses.

   (g)   Exceptions to Yard Regulations. Requirements for interior side yards and rear yards may be waived by the Board of Zoning Appeals in Downtown Residential (DR) Districts if the Board determines that one (1) of the following factors applies:

      (1)   The subject property owner has obtained a legal interest from an adjoining property owner to provide yard areas which are equivalent to those required – such legal interest to be properly recorded, to be of appropriate duration and to be filed with the Division of Building and Housing prior to issuance of a Building Permit;

      (2)   No windows for residential uses are located in any side of the building where the required yard area is not provided; or

      (3)   Development of a structure on an adjoining property, so as to block adequate light and air to windows for residential uses, is made infeasible by topography, natural features or other factors identified by the Board.

   (h)   Area Regulations. Regulations of Section 355.04 regarding “minimum lot area per dwelling unit” and the ratio of “maximum gross floor area to lot area” shall not apply in Downtown Residential (DR) Districts.

   (i)   Nonconforming Uses and Buildings. Legally established nonconforming uses located in a Downtown Residential (DR) District may be continued in accordance with the regulations of Chapter 359 of the Zoning Code. In addition, within a DR District, any building which does not meet the minimum requirement for proportion of floor area in residential use shall be governed by the following regulations with regard to changes in use:

      (1)   Any existing non-residential use may be replaced by any use permitted in the DR District, without action by the Board of Zoning Appeals.

      (2)   Any vacant space in which the immediate prior use was non-residential may be occupied by any use permitted in the DR District, without action by the Board of Zoning Appeals.

   (j)   Signs. In a Downtown Residential District, signs shall be permitted as in a General Retail District.

(Ord. No. 338-97. Passed 3-26-01, eff. 4-2-01)

   A Residence-Office District is established in order to provide a zoning use district where apartment houses and administrative and professional office buildings and similar uses may be located as compatible land uses. The height, area, yard and court regulations of this Zoning Code are the same for residential and nonresidential uses. Off-street parking is required of all uses permitted in the district. Thus, a district is provided within which the related uses can function effectively and at the same time protecting the residential amenities of adjoining Residence Districts.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   In a Residence-Office District the following buildings and uses are permitted, provided that no sales, display or warehousing of merchandise shall be permitted on the premises:

   (a)   Apartment houses;

   (b)   Apartment hotels;

   (c)   The following, if located at least fifteen (15) feet from the lot lines where the adjoining premises are not used for similar purposes:

      (1)   Administrative and professional office buildings;

      (2)   Hospitals, sanitariums, nursing, rest or convalescent homes, homes for the aged and clinics provided that none of these uses are operated primarily for abortions, the care of contagious diseases, the insane or feeble-minded, epileptics, drug or liquor patients;

      (3)   Junior or senior high schools, colleges and universities that are nonprofit;

      (4)   Dormitories, fraternity or sorority houses when related to an existing nonprofit public or private school, college or university located within the same Residence-Office District;

      (5)   Police and fire stations and other administrative governmental buildings;

      (6)   Nonprofit libraries and museums;

      (7)   Kindergartens, day nurseries, children’s boarding homes, orphanages and other child care centers;

      (8)   Public utility buildings, provided that no storage yard or building shall be operated in connection therewith;

      (9)   Research laboratories not involving the manufacture, fabrication, processing or sale of products on or off the premises, provided that such does not create or emit offensive or noxious odors, fumes, dust, smoke, gas, noise or other similar air pollutants;

      (10)   An accessory ethical pharmacy used in connection with and for the exclusive use of the patients in a medical office building or any other permitted use devoted to medical care, provided that there shall be no display or advertising sign visible from the exterior of the building, and further that access to such pharmacy shall be had from within the main building only;

      (11)   Nonprofit lodges;

      (12)   Charitable institutions not for correctional purposes;

   (d)   Accessory uses as permitted and as regulated by divisions (a)(8), (a)(9) and (11) of Section 337.23.

(Ord. No. 2215-96. Passed 4-7-97, eff. 4-7-97; Reprinted 7-2-97 CR)

   In a Residence-Office District, every building or structure erected, altered or remodeled and every use of land occupied on or after December 16, 1959, shall provide the total number of accessory off-street parking spaces as required by this Zoning Code.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   An application for a building permit shall not be approved unless a parking plan is submitted with it that shows the location, dimensions and grades of all required parking spaces and approaches thereto in accordance with the provisions of Sections 337.11 to 337.21.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   Accessory off-street parking spaces shall be provided and maintained in accordance with the requirements set forth in the following table:

 

   For the purpose of determining the amount of accessory off-street spaces required, “gross floor area” means the total area of all the floors in a building or structure, excluding basement space used for storage or utilities, measured from the exterior faces of exterior walls.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   Except as provided by this section, the required accessory off-street parking space shall be located on the same lot as the use for which it is provided. All such parking spaces shall be located behind the setback building line. No such parking space shall be located within ten (10) feet of any wall of a building or structure if such wall contains ground floor openings designed to provide light or ventilation for such building structure.

   The Board of Zoning Appeals may permit as a special exception the location of required accessory off-street parking spaces on a separate lot if the Board finds all of the following:

   (a)   That there is no way to provide such parking spaces on the same lot as the use;

   (b)   That for a permitted apartment house, such parking spaces are within two hundred (200) feet of or for any other permitted use, within four hundred (400) feet of the nearest boundary of the lot upon which the use is located measured by a straight line between the two (2) points;

   (c)   That the separate lot upon which such parking spaces are provided is in the same ownership as the permitted use, and is subject to deed restrictions recorded in the office of the County Recorder binding the owner, his or her heirs and assigns to maintain and provide for the required number of such parking spaces throughout the life of such use in accordance with the provisions of this Zoning Code; and

   (d)   That the Commissioner of Traffic Engineering and Parking has caused a study to be made of the proposed location and finds that safe and adequate access can be provided and that the potential traffic will not be injurious or detrimental to the adjoining streets.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   Accessory off-street parking spaces required of two (2) or more uses located on the same lot or parcel may be combined and used jointly by such uses, provided that the parking spaces provided shall be equal to the total number of accessory off-street parking spaces required by all such uses.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   The sale of automotive fuels and accessories and the furnishing of repairs or service of any kind for motor vehicles shall not be permitted.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   Each accessory off-street parking space shall have a minimum unobstructed area of three hundred (300) square feet. Where driveways are required to provide accessibility to the parking spaces, they shall have an unobstructed width of at least twenty (20) feet.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   (a)   Accessory off-street parking spaces, driveways and maneuvering areas shall be properly graded for drainage so that all water is drained within the lot providing such parking spaces, surfaced with concrete, asphaltic concrete, asphalt or similar surfacing material, maintained in good condition and free of debris and trash.

   (b)   Accessory off-street parking spaces shall be provided with wheel or bumper guards that are so located that no part of a parked vehicle will extend beyond such parking space.

   (c)   The driveway used to provide accessibility to accessory off-street parking spaces shall be so located and arranged to minimize traffic congestion.

   Therefore:

      (1)   Only one (1) such driveway shall be permitted for each one hundred (100) feet of frontage of the use providing such parking spaces.

      (2)   The center line of such driveway shall be at least thirty (30) feet from the right-of-way line of any intersecting street where the driveways and intersecting street are on the same side of a street.

      (3)   The maximum width of such driveway shall be thirty (30) feet measured at right angles to the angle of the driveway entrance. Such driveway shall have an apron of six (6) feet radius at the curb, and provide a means for motor vehicles to enter and leave the parking facilities without obstructing traffic.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   (a)   "Recreational vehicle" means a vehicular portable structure designed solely for the purpose of recreational travel, that is not used for engaging in business for profit or for intrastate commerce, and includes but is not limited to: a boat, boat on a trailer, boat trailer, jet ski and raft and associated equipment for transport on a public roadway, travel trailer, motor home, pick-up camper, folding tent trailer, and a licensed private trailer intended to haul personal property.

   (b)   Recreational vehicles shall not be parked in a residential district, including on a public roadway, except:

      (1)   when the recreational vehicle owned or used by the occupants of the premises is stored on the premises in a closed garage; storage of a recreational vehicle shall not be in the open air, except as provided in division (b)(2) below.

      (2)   No more than one (1) recreational vehicle owned or used by the occupants of the premises may occupy no more than one (1) improved open air parking surface located in a rear yard of the premises provided that:

         A.   the parking space is surfaced with concrete, asphaltic concrete, asphalt or other surfacing materials approved by the Director of Building and Housing, and maintained in good condition and free of debris and trash;

         B.   the recreational vehicle shall not have fixed connections to electricity, water, gas or sanitary sewer facilities and at no time shall the recreational vehicle be used for living or housekeeping purposes on the premises;

         C.   the recreational vehicle must be kept in good repair and workable condition and, where applicable, must carry a current year's license plate and registration;

         D.   the recreational vehicle shall be limited to thirty (30) feet in length from end to end, not including any hitch or attachment; and

         E.   the recreational vehicle shall be adequately screened in accordance with the Table Containing Uses Requiring Other Screening or Landscaping in Section 352.10 of this Zoning Code, note a. of said Table notwithstanding, except that no screening shall exceed six (6) feet in height.

      (3)   A recreational vehicle may be parked in a parking or driveway area anywhere on the premises for loading or unloading purposes for a period of not more than forty-eight (48) hours in any consecutive twenty-one (21) day period.

(Ord. No. 98-2022. Passed 9-26-22, eff. 10-26-22)

   Where lighting is provided for accessory off-street parking spaces, it shall be constructed and arranged so as to prevent the direct emission of light upon adjoining lots or the public streets.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   Except as provided in Section 337.10, every building or structure hereafter erected or altered in any way, in a Residence-Office District, shall comply with the height, area, yard and court regulations applicable to Class A Multiple Dwellings and Multi-Family District.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   (a)   When application for a building permit is made to erect or alter a building or structure within a Residence-Office District, the applicant shall deposit with the Commissioner of Building a performance bond or a sum of money sufficient to cover the cost of providing the required off-street parking in accordance with the provisions of Sections 337.11 to 337.21. The performance bond shall be approved as to form and sufficiency by the Director of Law and shall be in effect until a certificate of compliance is issued by the Commissioner.

   (b)   If construction is not carried out in accordance with the provisions of Sections 337.11 to 337.21, the applicant shall within thirty (30) days after notice by the Commissioner comply with the sections. If the applicant does not comply, the Commissioner shall proceed to have the work done and charge all cost and expense for the work against the performance bond or the deposit filed by the applicant as herein set forth.

(Ord. No. 1903-59. Passed 12-14-59, eff. 12-16-59)

   (a)   Permitted Accessory Uses. The following accessory uses and buildings are permitted in a Residence District. Attached and detached garages shall be regulated as described in division (a)(6) of this section. All other permitted accessory buildings shall be located on the rear half of the lot, a minimum of eighteen (18) inches from all property lines and at least ten (10) feet from any main building on an adjoining lot in a Residence District. Accessory buildings shall not occupy more than forty percent (40%) of the area of the required rear yard and, in the case of a corner lot, shall be located back of any required setback or specific building line. For side street yard regulations consult Sections 357.05 to 357.07.

      (1)   Within a main building, the office of a surgeon, physician, clergyman, architect, engineer, attorney or similar professional person residing in such main building and employing in the office not more than one (1) nonresident office or laboratory assistant.

      (2)   Customary home occupation for gain carried on in the main building or in a rear building accessory thereto and requiring only customary home equipment; provided that no nonresident help is employed for that purpose, no trading in merchandise is carried on and no personal physical service is performed and, in a Limited One-Family District or in a One-Family District, no sign or other outward evidence of the occupation is displayed on the premises.

      (3)   Agricultural uses, subject to the regulations of Section 337.25 and Section 347.02 regarding the keeping of farm animals.

      (4)   Private incinerators for the burning of refuse and garbage produced on the same premises, provided that the construction is such as to assure immediate and complete combustion and freedom from offensive smoke, ash, unburned particles and odors, and a permit therefor is granted by the Commissioner of Environment.

      (5)   Fences and walls, as regulated in Chapter 358.

      (6)   Parking spaces for the occupants of the premises and, when the premises are used for other than residence purposes, for their employees, patrons and guests provided they are located in the rear half of the lot.

         A.   Interior Lots.

            1.   Detached Garages. Permitted provided they are located in the rear half of the lot.

            2.   Attached Garages. Permitted provided they are located in the rear half of the lot, or provided that they have their entire width and height screened from a required or actual Front Yard Setback Building Line by an Active Use of at least 9 (nine) feet in depth..

         B.   Corner Lots.

            1.   Lot width: more than 40'.

               a.   Attached and Detached Garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be set back a minimum of eighteen (18) feet from the Side Lot Line, or a minimum of fifty percent (50%) of the established Side Street Setback, whichever is greater.

            2.   Lot width: 40' or less.

               a.   Detached Garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be setback a minimum of 18 (eighteen) feet from the Side Lot Line.

               b.   Attached Garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be setback a maximum of twenty-four (24) feet from the Interior Side Lot Line. Any garage door fronting a Side Lot Line and within eighteen (18) feet of a Side Lot Line shall be limited to a maximum of nine (9) feet in width.

         C.   In a Dwelling House District the floor area of a private garage erected as an accessory building shall not exceed eight hundred (800) square feet unless the lot area exceeds four thousand eight hundred (4,800) square feet in which event the floor area may be increased in the ratio of one (1) square foot for each twelve (12) square feet of additional lot area.

         D.   In Multi-Family Districts, garages and parking spaces erected or established as accessory uses shall be subject to the restrictions specified in Sections 343.19 to 343.21 and Chapter 349.

      (7)   Garage Sale or Other Residential Property Sales, as defined in Section 676B.01(a), as long as they conform to the provisions in Chapter 676B.

      (8)   Signs permitted in accordance with the requirements of Chapter 350.

      (9)   Any other accessory use customarily incident to a use authorized in a Residence District except that no use prohibited in a Local Retail Business District shall be permitted as an accessory use.

   (b)   Accessory Building Erected Prior to Erection of Main Building. An accessory building may be erected prior to the construction of the main building only if:

      (1)   The accessory building is erected on the rear half of the lot;

      (2)   The accessory building is so placed as not to prevent the practicable and conforming location of the main building;

      (3)   The main building is completed within two (2) years from the date of issuance of the permit for the accessory building.

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

   (a)   For purposes of this section, a "portable storage container" means a container, unit, shed-like structure, or other receptacle that is capable of being moved and is, or can be, used for the temporary storage of personal property or building materials of any kind, and is located on residential property.

   (b)   No person shall place a portable storage container on residential property without first obtaining a permit issued by the Director of Building and Housing, and displaying the permit on the front of the container most visible from the street. The Board of Control shall determine the permit fee and the Director of Building and Housing shall determine the permit application contents.

   (c)   All portable storage containers and their use on residential premises shall meet the following requirements:

      (1)   A portable storage container may not be located at a residential property for more than thirty (30) consecutive days of any calendar year; and

      (2)   No more than one (1) portable storage container shall be placed on a residential property at any given time without the express permission of the Director of Building and Housing; and

      (3)   All portable storage containers during the term of shall be in good condition free from rust, peeling paint and other visible forms of deterioration; and

      (4)    No portable storage container shall be placed where it obstructs traffic vision or on any public sidewalk or street, nor placed within any required front yard set-back; and a portable storage container shall be placed at least ten (10) feet away from any side-street property line and from any main building on an adjoining lot; and

      (5)   Portable storage containers may be kept on a property during the term of a valid building permit issued by the Director of Building and Housing for construction work on the property, and must be removed within fifteen (15) days of final cessation of construction or any thirty (30) day stop of construction; and

      (6)   No portable storage container shall exceed twenty (20) feet in length, ten (10) feet in width, or ten (10) feet in height.

(Ord. No. 440-16. Passed 8-10-16, eff. 8-11-16)

   (a)   Except as provided in Sections 329.01 and 329.04, no nursing home, convalescent home, old folks home, home for the aged, rest home or similar use shall hereafter be erected nor shall any such existing structure, building or use be hereafter altered or remodeled to provide for any increase in occupancy, or to affect a change in occupancy classification, in a one (1) and two (2) family use district without complying with the following requirements:

      (1)   Each such use shall have a minimum lot size of twenty thousand (20,000) square feet, and no less than eight hundred (800) square feet of lot area per patient.

      (2)   Each such use shall have a minimum frontage of two hundred (200) feet in single-family and two (2) family residential districts.

      (3)   Each such use shall have a side yard of no less than thirty (30) feet on each side.

      (4)   Each such use shall have a landscaped front yard of no less than thirty-five (35) feet, and where no off-street parking may be maintained.

      (5)   Each such structure or building shall be no more than a maximum of two (2) stories in height.

      (6)   Each such use shall provide space on the premises to the rear of the structure or building for the parking or garaging of motor vehicles so that there shall be one (1) such space for each professional staff member, including doctors and nurses, one (1) space for each three (3) other employees and one (1) space for each six (6) beds.

      (7)   Each such use shall provide permitted compact evergreen planting or a permitted masonry wall or fence to a height of five (5) feet above grade level along both side lot lines and the rear lot line.

   (b)   The provisions herein shall apply, notwithstanding any other provisions of this Zoning Code.

(Ord. No. 1242-65. Passed 7-12-65, eff. 7-15-65)

   Agricultural uses in Residential Districts shall be subject to the following regulations and the regulations of Sections 347.02 and 205.02 regarding the keeping of farm animals.

   (a)   Permitted Accessory Structures. In addition to fences, as regulated in division (b) of this section, a permitted agricultural use may be served by the following accessory structures: sheds, greenhouses, coops, cages, beehives, hoophouses, cold frames, barns, rain barrels, composting, farm stands as regulated in division (d) of this section, and similar structures not exceeding fifteen (15) feet in height.

   (b)   Fences. Fences for agricultural uses shall be permitted in accordance with the regulations applicable to fences in Residential Districts, except that the following regulations shall apply where an agricultural use is the principal use in a Residential District.

      (1)   Front Yard and Other Street Yard. A fence located in a required front yard, side street yard or other street yard, shall not exceed four (4) feet in height and shall be either ornamental or black or dark green, vinyl-coated chain link.

      (2)   Other Locations. A fence located at or behind the setback line of a required front yard or other street yard shall not exceed six (6) feet in height and shall be either ornamental or chain link. Any open lot area between a fence and a street line shall be planted with grass or other vegetation.

   (c)   Setbacks for Structures. No permitted accessory structures to an agricultural use, other than fences and farm stands, shall be located in a required front yard or side street yard area line or within eighteen (18) inches of an interior side or rear lot line.

   (d)   Farm Stands and Sale of Produce. The sale of produce and the placement of farm stands shall be permitted only in accordance with the following regulations.

      (1)   Sale of Produce. Where such sales have been permitted by the Board of Zoning Appeals, agricultural products, plants, eggs and honey grown or produced on a property or within one thousand (1,000) feet of the subject property may be sold on the premises of an agricultural use in a Residential District if the agricultural use is the only use of the subject property or occupies at least seventy-five percent (75%) of the property or at least four thousand (4,000) square feet. In addition, foods prepared on site or off site may be sold if the principal ingredients are grown or produced on the subject property or within one thousand (1,000) feet of the subject property. No sales shall be made before 8:00 a.m. or after dusk. Food sales shall be licensed by the Cleveland Department of Public Health if such licensing is required in the City’s Codified Ordinances.

      (2)   Farm Stands. Where a farm stand has been permitted by the Board of Zoning Appeals, any such farm stand located in a required front yard area in a One-Family or Two-Family District shall be removed from the front yard or stored inside a building on the premises during that time of the year when the garden or farm is not open for public use. Farm stands shall not occupy more than two percent (2%) of the subject property’s land area and, in One-Family and Two- Family Districts, farm stands also shall not exceed two hundred (200) square feet in area on the subject property. A farm stand shall be set back at least eighteen (18) inches from any lot line.

      (3)   Board of Zoning Appeals Approval. No agricultural produce or related products may be sold from the property of an agricultural use and no farm stand for the sale of such products may be located on the property unless the Board of Zoning Appeals determines, after public notice and pubic hearing, that the farm stand and sales will meet a community need without adversely affecting the neighborhood. In making this determination, the Board shall consider, among others, the following factors:

         A.   The nature of nearby uses of land with respect to their sensitivity to the activity associated with farm stand sales;

         B.   The proximity of the farm stand to one (1) family and two (2) family houses;

         C.   Traffic volumes on the street on which the subject property is located;

         D.   The availability of off-street or on- street parking to serve the farm stand use;

         E.   The proximity of other farm stands serving the immediate area; and

         F.   The maintenance of a substantially unobstructed view in the set back area which shall include a clear view through the farm stand above a height of three (3) feet.

   (e)   Signs. Where an agricultural use is the principal use in a Residential District or occupies at least seventy-five percent (75%) of the property or at least four thousand (4,000) square feet, one (1) sign shall be permitted on each street frontage identifying the agricultural use and listing hours of operations for market sales and contact information. Such sign shall not exceed four (4) square feet in area and, if freestanding, shall not exceed three (3) feet in height and shall be set back at least five (5) feet from all property lines unless the sign is placed on a permitted farm stand. No signs shall be permitted for an agricultural use that is an accessory use in a Residential District.

   (f)   Composting. Composting may be conducted on the premises of an agricultural use if limited to use on the subject property and if stored in a manner that controls odor, prevents infestation and minimizes runoff into waterways and onto adjacent properties.

   (g)   Maintenance. Any land devoted to agricultural use shall be well-maintained and shall be free of excessively tall weeds or grass. All accessory structures to an agricultural use shall also be well maintained.

   (h)   Building Permits. No Building Permit or Certificate of Occupancy shall be required for establishment of an agricultural use. A Building Permit shall be required for installation of a fence or for construction of a barn or other structure routinely requiring such permit, except that no Building Permit shall be required for cages, coops, beehives or similar structures that are not permanently attached to the ground or to another structure and do not exceed thirty- two (32) square feet in area nor eight (8) feet in height. No farm stand shall be installed without issuance of a Building Permit. The application for such Permit shall include the name, address and phone number of the operator of the farm stand; the length, width and height of the farm stand; a description of the type of produce to be sold from the farm stand; and the name of the property owner. If the applicant is not the property owner, the applicant shall include with the Permit application a written statement from the property owner authorizing the applicant to install and operate the farm stand.

   (i)   Definitions. As used in this section:

      (1)   “Farm stand” means a temporary structure used for display or sale of produce as described in division (d)(1) of this section and that meets the requirements of this section.

      (2)   “Subject property” refers to a parcel of land or two (2) or more adjacent parcels of land in agricultural use.

(Ord. No. 814-10. Passed 10-4-10, eff. 11-3-10)

   (a)   Definitions. As used in this section:

      (1)   "Accessory use" shall have the same meaning as defined in Section 325.02.

      (2)   "Booking agent" means any person or entity that facilitates reservations or collects payment for limited lodging accommodations on behalf of or for an owner or primary resident. Merely publishing an advertisement for accommodation in a dwelling unit for limited lodging does not make the publisher a booking agent.

      (3)   "Dwelling unit" shall have the same meaning as defined in Section 325.20.

      (4)    "Limited lodging" means the accessory use of all or part of a dwelling unit by rental for temporary occupancy for dwelling, sleeping, or lodging. Limited lodging includes the arrangement of such rental by the owner through a booking agent.

      (5)   "Lodgers" means a person who is a renter of all or part a dwelling unit and has mere use without actual or exclusive possession of the dwelling unit.

      (6)   "Owner" means a titled-owner or a tenant/renter of a property who is in possession and control of the dwelling unit and who lives in the dwelling unit more than fifty-one percent (51%) of the calendar year. Any tenant or renter of the property must be authorized by the titled-owner of the property to provide limited lodging.

      (7)   "Primary residence" means the use of a dwelling unit for residential household living purposes of more than fifty-one percent (51%) of the calendar year by the owner, tenant/renter, or person in possession and control of the dwelling unit.

      (8)   "Temporary occupancy" means the accommodation of lodgers conducted in a dwelling unit, the primary use of which is for household living, and where the total accommodations of lodgers provided is for fewer than ninety-one (91) days per calendar year but where the provision of lodging to any particular lodger is for no more than thirty (30) consecutive days.

   (b)   General Provisions.

      (1)   Limited lodging is permitted in a Residence District, provided that limited lodging in a particular dwelling unit may be provided for no more than ninety-one (91) days per calendar year.

      (2)   Notwithstanding Chapter 365, limited lodging is not required to have a certificate of rental registration provided the dwelling unit remains owner-occupied as a primary residence.

      (3)   The standards set forth in division (c) of this section are intended to ensure that limited lodging will not be a detriment to the character and livability of the surrounding residential neighborhood.

   (c)   Standards. A dwelling unit may be used for limited lodging subject to compliance with all of the following minimum requirements:

      (1)   The dwelling unit shall remain as a household living unit with housekeeping facilities in common.

      (2)   Limited lodging must be accessory and incidental to the use of a dwelling unit for residential household living purposes as a primary residence.

      (3)   Smoke detectors shall be provided and maintained adjacent to each sleeping area in each dwelling unit as required in Chapter 392.

      (4)   One or more carbon monoxide detection devices shall be installed and maintained as close to the center of the dwelling unit and within close proximity to the living and sleeping areas of the dwelling unit.

      (5)   Lodgers shall be notified of the trash and recycle collection days for the property and any applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property. The owner shall provide proper trash and recycling containers for the lodgers.

      (6)   The owner or primary resident offering the dwelling unit for limited lodging shall provide to any lodger the contact information, including a telephone phone number, of a person with responsibility to take action to resolve any complaints regarding the condition, operation or maintenance of the dwelling unit.

      (7)   Compliance with all other applicable provisions of the Cleveland Codified Ordinances related to residential dwelling units.

(Ord. No. 1444-16. Passed 1-23-17, eff. 1-26-17)