ILLINOIS UNIVERSITY OF ILLINOIS AT URBANA-CHAMPA1GN PRODUCTION NOTE University of Illinois at Urbana-Champaign library Brittle Books Project, 2014.COPYRIGHT NOTIFICATION In Public Domain. Published prior to 1923. This digital copy was made from the printed version held by the University of Illinois at Urbana-Champaign. It was made in compliance with copyright law. Prepared for the Brittle Books Project, Main Library, University of Illinois at Urbana-Champaign by Northern Micrographics Brookhaven Bindery La Crosse, Wisconsin 2014I ,«5!wsr,:«» j»1f i) £ I fir 98§ir^r J& ^ IfrlJl Intt^ ... * i.i'A /'-MS*'1-*-" (-><£ ^ 4 ^51 1 ,*, „i/^" 'ws&fe'^y * <* -< *~t>^ ~ *- « aIl- >iv * £^*&^cOjj^V?^ *-3, -iv JS^i st- *.' *f ^"ii^ r-.^iV>'z n.a ' "-'/"*-x.» "••'""-?*%■>» "V <\ >>*"•" & "*"> * c * £ ' ^S32S Fm-- .- -^>,\ ^>'^>- • .. • '1 -V(5 Mm$& niiili^^;^ !!! • HI H - SSilfe ^ ^ - . ', * \z*^%£fJL ^ ■*$; ¥^tP^^- ^-- %P^2^-*2ra\- " * ?v ^.^.N^c r~^V v-V i-t*i" - TJt^tr- ■ ri^v^yv - T^".'i^'f •'-'S^V4-5* ''"^ ' *•' '^i5 VJfe®r:^..-,-¥:'a«fJr^..iSRr... £>JkuZ(kJ** *. ^ iHM^iisst^gi IBRKKiSlf^ Hip:i::H ^p r*it * -*'5%jEVvj :!!«!?;U! s-UiHs pqj#^ l>,Mi«5;;::5;:;:?!r,'Uii^ - -^ "■ ::s!j;;:5« muM »i:ii • - 4'* J! Jill i :*:!J!-"' , .„ js;;;^. r*'3:S: x. .-»"T?r'u siiihii S| 11...... mjr 'imi jj jgij f iiisip te-: ,r;^ V-. - IW^'W .... ;:ssi|;i| ..... iriiiisHfe;^^; ->v -«. -~?<*'&?X *i+ *- *- " " - r 4^V ; &-''& * ^ "K. *»* %.., - ,l bK -n^'-' mil j:sish?l I is mm iiliiliiii:! IPBihilii pHpij iiSfS!®'! >iv* lliliiiiiiCtje Clebelanb Chamber of Commerce rJfounbeb in 1848 w «v i . ; .... -L.., ;■, -*■ ■ DiViSkOfr br TaUDSCAPiTCb^aDttMiWW The Cleveland Zone Plan Report of the Committee on City Plan The Cleveland Chamber of Commerce Approved by the Board of Directors June 14,1922OUTLINE OF REPORT Zoning—What it is and what it does. Zoning in other places. The Cleveland Zoning Ordinance. Legal Phases. Physical Phases. "Principles and Methods Employed in the Preparation of the Cleveland Zone Plan," by Robert Whitten. Cleveland's planning problem. Recommendations. APPENDIX 1. Brief of Ordinance. APPENDIX 2. Three maps showing, respectively, Use, Height and Area districts.110.1 C*>Vc ; v To the Board of Directors of ey Hie Cleveland Chamber of Commerce. o oc Gentlemen: Your committee on city plan submits herewith a rn preliminary report upon and a recommendation for the approval of r4 Ordinance No. 57874, introduced and read the first time May 1, O 1922, entitled: "An ordinance establishing a Zone Plan regulating r~ the location of trades, industries, apartment houses, dwellings and " other uses of property, the area and dimensions of lots and yards, and the height of buildings." WHAT ZONING IS AND WHAT IT DOES. "Zoning is the creation by law of districts in which regulations differing in different districts prohibit injurious or unsuitable structures and uses of structures and land." (Edward M. Bassett, Counsel of the Zoning Committee of New York.) "Zoning is a conscious, intelligent effort to direct the building of the city in accord with a well-considered plan. Like good housekeeping it provides a place for everything and tries to keep everything in its place. Like good industrial management it plans for an orderly growth and expansion of the plant." (Cleveland City Plan Commission). Zoning will save the small home. By giving residence streets protection from apartment houses, small stores, garages, laundries, etc., they will keep their value and home owning wffl be a paying and not a losing investment for the citizen of average means. Zoning will make it easier to obtain money for the building of small homes from the large lending institutions. The insurance companies and building and loan societies which invest their funds in home property are inclined to favor cities in which their invest- ments are safeguarded by a zoning plan. It is said by one of the mortgage security brokers of Cleveland that more money has been lost by the small home owners in Cleveland for lack of the zoning plan than by fire. Zoning will centralize local business in well defined local bus- iness centers. This will both improve land and rental values in the business centers and at the same time keep the residence prop- erties from depreciating. 3 "V v '"Zoning will prevent congestion of population in the low-priced residence sections of the city and congestion of traffic, both pedestrian and street car, and motor vehide traffic in the business parts of the city. It will do this differently in different parts of the city ; in the residence sections by requiring a minimum number of square feet of lot area for each family and in the downtown section by limiting the heights of buildings. Zoning requires each owner so to use his property as not to injure his neighbor. Each man must submit to some restriction on his power to do with his own just as he pleases in order to obtain protection from the man next door who otherwise would desire to do just as he pleased with his own. Zoning gives by law to the citizen of average means, both in his home and in his business, the protection the citizen of large means is able to secure by private restriction. ZONING IN OTHER PLACES Zoning was initiated in some of the European cities in which, there being no written constitutions, the supreme governing powers were able to make a legal pronouncement which no court could set aside. The first steps toward height zoning in the United States were taken in Boston in 1911. A building height restriction of 125 feet was imposed on new buildings on all streets. This ordinance was attacked in the courts for unconstitutionality, but was upheld by the highest court of Massachusetts and affirmed by the Supreme Court of the United States. Los Angeles followed with a zoning plan dividing the city into use districts. This ordinance was retroactive in form and was attacked on the ground of unconstitutionality, but was upheld both by the highest court of California and by the United States Supreme Court. Sixty cities in the United States are now working under zoning laws similar in character to the one at present under consideration for Cleveland. New York City is the most conspicuous example of these, having adopted its zone plan in 1916. That interest in zoning extends even beyond the large cities is attested by the announcement that a zoning primer is shortly to be issued by Mr. Herbert Hoover, Secretary of the Department of Commerce of the United States. 4THE CLEVELAND ZONING ORDINANCE. The Cleveland zoning ordinance was prepared by and intro- duced at the request of the City Plan Commission. For convenient reference a statement of the ordinance, as brief as is consistent with accuracy, has been made and is attached to this report as Appendix 1. The map which accompanies the printed ordinance is declared to be a part of it. This map, divided into eleven sheets and a key sheet, shows the city divided into Use, Height and Area districts, all three districts being shown on the one map. Copies of this map may be seen at the Council Chamber, City Hall, the office of the City Plan Commission, City Hall, and in the library of The Cleveland Chamber of Commerce, Chamber of Commerce Building. For detailed study of the ordinance, and certainly for its later enforcement should it be enacted, the technique of this scheme is both highly desirable and exceedingly convenient, and your city plan committee desires to commend the City Plan Commission and its staff for so concentrating its recommendations on the one map. For the sake, however, of easy visualization of the provisions pro- posed, your committee has had made and submits herewith three small maps, each of the entire city, each showing in general outline the height, asrea or use districts into which it is proposed to divide the city. (Appendix 2.) Your committee has examined the ordinance in which it is both in its legal and physical phases, and desire to report, in regard to the legal phases, that— (1) The ordinance itself and the language in which it is embodied are sufficient to meet the purpose of the zoning act. (2) The ordinance is in proper relation to and consistent with other ordinances of the municipality and the state laws relat- ing to zoning and to city planning. (3) Specific provisions seem reasonable and entirely within the police powers of the municipality. (4) The ordinance follows very closely the enactments that have been held by the courts to be constitutional and care has been taken to see that it conforms to the theory and practice of the law of zoning as embodied in the already large volume of legislation and rulings. 5On the physical side, your committee has examined the ordi- nance and the map to ascertain the resultant physical effect upon the city in case of its enforcement* and desires to say that, except for changes in detail, it is of the opinion that the districts into which the city is divided are those in which various uses, heights and areas are established by buildings or premises at present erected or used. If the City Plan Commission has erred in any direction it is in the direction of conservatism in allowing more space for the expansion of commercial and industrial districts than might seem warranted. Your committee is of the opinion that if, when the workings of the ordinance become known to the public, any changes are suggested, they will be toward the side of greater restriction in residence and apartment house districts. Your committee has many minor changes in the ordinance and a few in the map which it wishes to present for the consideration of the Council at the time of the public hearings upon the ordinance. These are all in the direction of what your committee believes to be greater accuracy and closer definition. None of them alter either the ordinance or the map in fundamental plan or purpose. Cleveland was fortunate in having as an advisor to the City Plan Commission during the preparation of the zone plan and ordinance, Mr. Robert Whitten, one of those to whom is largely to be credited the first comprehensive zoning plan adopted in the United States, that of New York City in 1916, and who is one of the foremost authorities in the United States on this highly technical subject. Mr. Whitten has been a member of your city plan committee since his residence in Cleveland, some four years, and has con- tributed to this report as committee member—beside his constant attendance and advice at many meetings of your committee—the following statement in which questions raised by your committee in the course of its study of the subject, and which will doubtless be raised by others, are answered: PRINCIPLES AND METHODS EMPLOYED IN THE PREPARATION OF THE CLEVELAND ZONE PLAN By Robert Whitten Starting with the fundamental premise that the purpose of zoning is the control and direction of building development in accord with a well considered plan for the orderly and harmonious development of all property throughout the city, certain limiting conditions present themselves: 6(1) The zoning power is based on the right of the state to regulate the use of property in the interest of health, safety, and general welfare. Only such regulations as can be shown to be reasonably necessary in the interest of health, safety and general welfare can be enforced under existing constitutional limitations. The proposed zoning ordinance and the boundaries of the various districts were carefully studied with reference to these legal limita- tions. (2) Zoning cannot rebuild the city but must start with an existing city in which much haphazard and undesirable develop- ment has taken place. Zoning regulations are not retroactive; they cannot do away with existing structures or change existing uses. A careful study was made of existing buildings in each block. As a result of this study it was determined, for example, whether a residence block that had been ijnvaded by two or three small stores should be retained as a residence block or included in a business district. The decision could be based only partially on whether the area was actually needed for business purposes; the moving consideration in very many cases was that the existing stores had so lowered the desirability of the block for residence purposes that no advantage would be gained by preventing other stores from locating there. The zone plan is based on the assumption that Cleveland will continue to grow with the development of the great central area served by it and that one of the problems of zoning is to provide for this growth in an orderly manner and with a minimum of the evils of congestion usually attendant on the growth of great cities. The regulations requiring a specified number of square feet of lot area per family housed will put a definite limit on the congestion of population. In the apartment house areas from 4 to 8 families may, as a rule, be housed on the ordinary 40 foot lot. Existing development has made it necessary to include a much larger portion of the residence area of Cleveland in the apartment house zone than is desirable. It must be remembered, however, that Cleveland's chief dwelling house sections are outside the city limits. The area limitation above referred to will absolutely prevent the development of the excessive congestion of population in tenement houses that is now the curse of certain parts of New York and Chicago. Dwelling house districts from which apartment houses are to be excluded have been laid out to include practically all of the existing dwelling house areas that are now free from serious encroachment by the apartment house. It takes only a compar- atively small apartment area to house all of the population that ought normally be to housed in apartments. With the improved methods of transportation of the present day there is no excuse for the crowding of the great mass of the population into tenements 7even in a great city like New York. It would be a crime for Cleveland or any other city developing under present day condi- tions of transportation to duplicate New York conditions of over- crowding. Local retail stores are necessary to any residence section; but it is not necessary to have these stores scattered in every block. In a dwelling house section a block of stores located at approximately half mile intervals in each direction will normally supply all local requirements. In the zoning of Cleveland it has seemed necessary to designate for local business purposes a great deal more area than can conceivably be used for that purpose. This is due to the fact that so much street frontage has been spotted with small stores that its usefulness for residence purposes having been destroyed, it has been necessary to designate it for business. The central business district must expand with the growth of the city. A commercial district large enough to take care of growth for 25 to 50 years should normally be provided. In the proposed plan the area available for the expansion of the central commercial district will take care of any conceivable growth for a period of 100 years. This liberal allowance for business has been practically forced by a consideration of existing real estate values and the way in which this enormous area has been spotted with commercial and light manufacturing buildings. Industries are essential to the growth of the city. The aim has been to allow liberally for the expansion of existing industrial areas while at the same time providing good residence areas where factory employes may live within walking distance of their work. In some parts of the city the absence of good housing areas is the most serious handicap to industrial development. -o- CLEVELAND'S PLANNING PROBLEM ^ In January, 1919, the Chamber of Commerce, on recommen- dation of this committee, approved and was later instrumental in securing the passage through the State Assembly of an enabling act permitting cities to adopt zone plans. This recommendation and approval were based on the idea that Cleveland, with its restricted corporate boundaries and rapid industrial growth in conjunction with its total lack of building plan, has practically forced its best residence districts across its city limits into the adjacent cities and villages. Thousands of business men of financial ability and public spirit earn their living in Cleveland and give of their money and energy to making other cities healthy and beautiful. 8Since the enactment of the enabling statute the cities and the villages in the Cleveland metropolitan area have many of them utilized the powers conferred by the act. They have in most cases made their zoning plans in accordance with what seemed the best development of Cleveland as a metropolitan area, yet in general Cleveland may be said to be at a disadvantage in that, as the chief city and the cause for the being of the metropolitan area, Cleveland has not taken the lead in the most important scheme which has as yet been devised for the orderly development of the whole area. It is frequently said that Cleveland should have devised its plan for development, and especially established its use zones, twenty-five years ago; that owing to the rapid development and the close contiguity of the satellite cities and villages, it is hardly worth while any longer to endeavor to control the growth of Cleveland proper. Your committee is of the opinion that though the compre- hensive metropolitan city plan, of which zoning is only a part though a very essential part, has long been needed, it is by no means too late. Further delay would cause still greater injury. It is not possible, even if it were desirable, to keep in their historic form, sections of the city which are inadequate for modern needs any more than to preserve factory plants where the machinery has been superseded by later inventions. Few streets in the United States, hardly any in Cleveland, retain their character for more than a quarter of a century. There is no reason for supposing changes in the future will be less in extent or less fundamental in character than those that have taken place in the past. It is no longer possible to consider Cleveland in its social or economic aspect as confined by its political boundaries. If Cleveland proper is to be the financial, commercial, in- dustrial core of Greater Cleveland, there must be an orderly and logical development from a less to a more and more intensive use of the land. Such a development of the city as a setting and a means for the development of the intellectual and social and industrial life of the city and of the people will not necessarily follow either the zoning or the adoption of the comprehensive plan of the city but will, we believe, receive material assistance therefrom. It is cer- tain, however, that its further haphazard growth, without a controlling plan, will involve serious loss both socially and econom- ically. It is in this belief that your committee has devoted much time and thought to this ordinance and submits this first report. Your committee, with your authorization, will follow the hearings on the ordinance before the City Council and will submit some changes in detail. Subsequent to its enactment your committee expects to present a further report for your consideration. 9Your committee recommends that: THE CHAMBER OF COMMERCE COMMEND AND APPROVE ORDINANCE NO. 57874, SUBJECT TO THE USUAL REFINEMENTS IN DETAIL THAT COME WITH THE WORKING OUT OF SUCH VAST UNDERTAKINGS; and that THE CHAMBER OF COMMERCE USE ITS INFLU- ENCE TO SECURE THE ENACTMENT OF THIS ORDI- NANCE INTO LAW AT THE EARLIEST POSSIBLE TIME; and that AS A MEANS TO THIS END THE BOARD OF DIREC- TORS AUTHORIZE ITS COMMITTEE TO DISSEMINATE AS WIDELY AS POSSIBLE THROUGHOUT THE CITY, A KNOWLEDGE OF THE LAW, ITS PURPOSE, AND ITS ESSENTIAL FEATURES. Respectfully submitted, Morris A. Black Alfred Kelley Henry Turner Bailey Arch C. Klumph J. M. Beme B. F. Bourne W. C. Boyle M. A. Bradley F. H. Chapin Raymond T. Cragin W. J. Crawford, Jr. P. P. Evans H. M. Famsworth Horatio Ford Carl D. Friebolin Abram Garfield W. A. Greenlund K. F. Gill Charles F. Laughlin Wm. G. Mather Frank B. Meade D. C. Moon Clarence J. Neal D. Z. Norton F. F. Prentiss George N. Sherwin A. A. Stearns W. A. Stinchcomb Albert D. Taylor Mark L. Thomson F. R. Walker F. Allen Whiting Charles W. Hopkinson Robert H. Whitten Benjamin S. Hubbell Charles L. F. Wieber COMMITTEE ON CITY PLAN By Morris A. Black June 2, 1922 Chairman 10Appendix 1. BRIEF OF THE ORDINANCE AS INTRODUCED (Subject to Change by the City Council) Ordinance No. 57874, "An ordinance establishing a Zone Plan regulating the location of trades, industries, apartment houses, dwellings and other uses of property, the area and dimensions of lots and yards, and the height of buildings." The ordinance in brief provides as follows: It is declared that, in the interest of the public health, safety, convenience, prosperity and general welfare, it is necessary "to establish a general zone plan which will promote home ownership, protect the residence sections, prevent congestion, increase indus- trial efficiency, conserve property values and direct the building of the city in accord with a well considered plan for the use and development of all property throughout the city." Section I. Districts and Zone Map. The City of Cleveland is divided into districts of three kinds termed Use, Height and Area districts. These districts are designated on the zone map which accompanies the ordinance and is declared to be part of it. No building may be erected or building or premises used except in conformity with the regulations pre- scribed for the use, height and area districts in which such building or premises is located. Section 2. Definitions. Certain words used in the ordinance are defined for the purposes of the ordinance, among others: "established grade," "natural grade," "height of building," "lot," "single family dwelling," "two family dwelling," "apartment house," "non-con- forming use," "accessory use," etc., etc. Section 3. Classification of Uses. For the purposes of the ordinance the various uses of property are divided into the following use classes: Group 1—Residence Classes. Class U1 Uses: Single family dwellings and such other uses as are appropriate in residence neighborhoods. Class U2 Uses: Apartment Houses—Hotels. Group 2—Business Classes. Class U3 Uses: Local retail store and other business uses not manufacturing or industrial operations. Class U4 Uses: Commercial. Light manufacturing or indus- trial operations which are not offensive by means of emis- sion of odor, dust, gas, smoke or noise. Storage. 11Group 3—Industrial Classes. Class U5 Uses: Industrial. Heavy manufacture or indus- trial operations and related industries and uses. Class U6 Uses: Industrial—semi-nuisance. Manufacture or industrial operations in which odor, dust, gas, fumes, smoke or noise is carried beyond the limits of the premise (other than uses prohibited under U7). Class U7 Uses: Prohibited within the city—Cement, lime, gypsum, or plaster of paris manufacture; chlorine or hydrochloric, nitric or picric acid manufacture; smelting of copper, tin or zinc ores; explosives or fireworks manufac- ture; distillation of bones; fat rendering; glue manufac- ture from raw materials; slaughtering of animals; stock- yards; fertilizer manufacture; plant, other than municipal or accessory, for the incineration or reduction of garbage, offal or dead animals. Group 4—Special Classes. Class U8 Uses: Aviation field; crematory; cemetery; sewage disposal plant; refuse dump; gas or oil well. The loca- tion proposed in each special case as it arises is left to the discretion of the Board of Zoning Appeals established under the ordinance. Section 4. Residence Districts. (a) Dwellings or Ul district. (b) Apartment house or U2 district. Section 5. Accessory Uses in Residence Districts. An accessory use customarily incident to residence districts is permitted in a dwelling house or apartment house district pro- vided it is located upon the same lot with the building or use to which it is accessory. A private garage is permitted as an accessory use if it does not provide storage for more than one motor vehicle for each 2000 square feet of the lot area. A billboard, signboard, or advertising sign is not permitted as an accessory use. "For Sale" or "For Rent" signs are permit- ted. The office of a physician, surgeon, dentist or musician may be located in a dwelling or apartment used by him as his private residence. A customary home occupation may be carried on in a private residence or apartment. Section 6. Local Retail Store (U3) District. In a local retaij store district no building or premises may be used except for a Class U3 use or a use of higher classification— residence use. Note: These districts border the residence and apartment house districts and are designed for the small stores which serve household needs. 12An accessory use customarily incident to a local retaij store district is permitted, provided it is located upon the same lot or in the same building to which it is accessory. A private garage is permitted which does not provide storage for more than one motor vehicle for each 1,000 square feefc of lot area. Mechanical power in excess of 3 h. p. is not permitted. The killing, dressing or live storage of poultry is not permitted. Section 7. Commercial (U4) District. In a commercial district no building or premises may be used except for a Class U4 use or a use of higher classification. Note: These districts contain the larger stores and office buildings and light manufacturing plants. The downtown section —secondary business centers—street car streets are, in general, in commercial districts. An accessory use customarily incident to a Class U4 use is permitted in a commercial district provided it is located upon the same lot with a building or use to which it is accessory. Section 8. Industrial (U5) District In an induscrial district no building or premises may be used except for this or a higher class use. Note: Heavy manufacturing district. A Class U6 (semi-nuisance industry) use is not permitted as an accessory use in a Class U5 district unless it is upon the same lot with and accessory to a Class U5 use and occupying not more than 20% of the ground area of the plant and the entire product of which accessory use is utilized in the Class U5 use. Section 9. Class U6 District. In a Class U6 district (semi-nuisance industry) no industry or premises may be used except for this or a higher class use. Section 10. Use District Exceptions. The Board of Zoning Appeals may, in specific cases, after public notice and hearing, determine and vary the application of the district regulations herein established in harmony with their general purpose and intent, under the certain specified conditions. Among other conditions the Board inay: Grant in undeveloped sections of the city temporary and con- ditional permits for non-conforming uses. Permit in any use district any use that will not seriously injure the appropriate use of neighboring property provided there are filed the consents of the owners of 80% of the area immediately affected. A Class U8 use existing at the time of the passage of this ordinance is deemed an authorized use. 13Section 11. Non-Conforming Uses. A non-confonning use existing at the time of the passage of the ordinance may be continued. It may not be extended except as authorized by the Board of Zoning Appeals. Section 12. Height Districts. Height districts are established for the purpose of regulating the height of buildings. There are five classes of height districts: Class HI District: Buildings not in excess of 2j^ stories or 35 feet in height except in case of church, school or library such limit shall be 40 feet. Note: Largely residential and retail districts. Class H2 District: Buildings not in excess of 50 feet in height. Note: Commercial districts. Class H3 District: Buildings not in excess of 75 feet in height. Class H4 District: Buildings not in excess of 100 feet in height. Note: Industrial districts. Class H5 District: Buildings not in excess of 150 feet in height. Note: The downtown commercial section. Section 13. Height District Exceptions. The provisions of the preceding section shall not restrict the height of a church spire, belfry, clock tower, wireless tower, electric sign, chimney flue, water tank, elevator bulkhead or stage tower or scenery loft. 1 The Board of Zoning Appeals may after public notice and hearing permit the erection of a building or portion of a building covering not more than 25% of the area of the lot to a height in excess of the limits prescribed in the preceding section. Section 14. Area Districts—Lot Area Per Family. Area districts are established for the purpose of regulating the number of square feet of lot area per family housed, the location and size of side and rear yards. There are five classes of area districts: Class A1 District: In these districts no building is permitted which does not make provision for 4,000 square feet of lot area per family if the lot is an interior lot, or 3,200 square feet if the lot is a corner lot. Class A2 District: In these districts no building is permitted which does not provide for each family 2,000 square feet of lot area if the lot is an interior lot, or 1,600 square feet if the lot is a corner lot. Note: The above districts are in the single dwelling and two family house areas. Class A3 District: No building permitted that does not provide for each family 1,000 square feet of the area of the lot, if the lot is an interior lot, or 800 square feet if a corner lot. Note: Small apartment house areas. 14Class A4 District: No building permitted that does not provide for each family 625 square feet of the area of the lot if an interior lot, or 500 square feet for each family if a corner lot. Note: Larger apartments. Intensive living quarters. Class AS District: No building permitted that does not provide for each family 312 square feet of the area of the lot if an interior lot, or 250 square feet if a corner lot. Note: Applies to hotel area—elevator apartments. Section 15. Rear Houses. Rear houses must be provided with an easement for access to a public street over an unoccupied strip of land at least 16 feet in width. Section 16. Side Yards in Residence Districts. Permits a solid row of houses—terrace—in an A5 district (312 square feet per family). In residence districts side yards must not be less than 3 feet and need not be more than 16 feet in width. Section 17. Rear Yards in Residence Districts. Dwelling house discrict. Rear yard must be at least 15% of the depth of the lot but need not be more than 30 feet deep. Apartment house district. The least dimension of the rear yard must be at least one-half the height of the building. Except that in an A4 district (625 square feet per family) or an A5 district (312 square feet per family) the least dimension of the rear yard must be not less than one-fourth of the height of the building. Forty per cent of the area of the rear yard may be occupied by an accessory building (garage, for example). Protection is accorded, however, to a butt-end lot. Section 18. Side and Rear Yards in Business Districts. In local retail and commercial districts adjacent to residence districts side and rear lots must be 10% of the depth of the lot but need not be more than 20 feet deep. This provides protection for quasi-residential area. Section 19. Side and Rear Yard Exceptions. Provides for the ordinary projections of sky lights and par- apets, fire escapes, etc. A building and its accessory building are, for the purposes of side and rear yard requirements, considered as a single building. Section 20. Enforcement: Board of Zoning Appeals. The ordinance is to be enforced by the Commissioner of Buildings as administrative officer under the rules and regulations of the Board of Zoning Appeals. The Board of Zoning Appeals is by this ordinance established. It consists of the Commissioner of Engineering, chairman; Commissioner of Health; and Commis- sioner of Assessments and Licenses. There is provision for public notice of meetings and publication of proceedings. 15Provision is made for appeals from decisions of the Commis- sioner of Buildings in the enforcement of the ordinance to the Board of Zoning Appeals. Provision is made that the Board of Zoning Appeals shall have power in specific cases to vary the provisions of the ordinance in harmony with its general purpose. Section 21. Interpretation: Purpose. The provisions of the ordinance are held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. The ordinance does not repeal or in any way interfere with existing provisions of law relating to the use of buildings or premises. It does not interfere with or annul any easements, covenants or other agreements between parties. Where, however, this ordinance imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger yards than are imposed or required by any existing provisions of law or ordinance, or any rules or regula- tions previously adopted or issued by the city, the greater restric- tion shall control. Section 22. Amendments. The Council may on its own moti9n or on petition after public notice and hearing, amend the regulations and districts by this ordinance established. Such amendments shall be referred by the Council to the City Plan Commission for report. If a protest against such amend- ment be submitted by owners of 20% of the land affected, such amendment, for passage, requires a three-fourths vote of the Council. Wherever the owners of 50% of the land in any area request amendment of the regulation prescribed for such area, the Council shall vote upon such an amendment within 90 days of the filing of the request. Section 23. Completion and Restoration of Existing Buildings. Nothing in the ordinance may require any change in the plans of a building for which permit was issued prior to the passage of the ordinance, and the construction of which has been diligently pros- ecuted within a year of the date of such permit, and the entire building completed according to such plans within three years from the date of the passage of the ordinance. Nothing in the ordinance may prevent the restoration of a building wholly or partly destroyed by fire, etc., subsequent to the passage of this ordinance. Section 24. When Effective. The ordinance shall take effect from and after the earliest period allowed by law. 16ZONE MAP CITY or CLEVELAND CITY PLAN COMMISSION O 1/4- SCALE. OF MILES ftZZ HEIGHT DISTRICTS W/M Hi 35 FT LIMIT SItlil Hz 50 ■ BBSH! 100 HS 150 4 *>ZONE MAP CITY OF CLEVELAND CITY PLAN COMMISSION SCALE OF MILES o 1/4 I U ^ Apartment Houses U 3 e>. Ua Commercial wa Ii5 6)U6 INDUSTRIAL mwm i. □ _ 5w? ijtjipm* ••• k'Sasai wirnnc 5it.Cs.'': irj i WKMVfeS 1 UM*T^ CEMETtRV ^i?38®Sf !• ♦ •• • * ■/■ ;,7vy^pA^* •• ••> fcCEMETt BROOK3IDC. :* PARK f> clMIT3 CLMETtRV NOTE Small CEMETERIES AND SMAU. PA&KS ARE NOT INDICATED ClTVZONE MAP CITY OF CLEVELAND CITY PLAN COMMISSION O 1/4 i/z rs/JL* • •!• • V VA ••*&£• y**lm • • • '*wag."V« il**vewo*o » w w » » ■ ff ' SCALE OF M1LE.5 1 t . w • • • ft • • • !• ••• • ♦ * • • AEEA DI5T2ICT5 4-000 SQ.FT PER. FAMILV ESg Az 2000 A3 1000 Q>Zb WOOOWORTH TOEUWv A\\\v PI ocn- 1 wM5S H m WOOOUXHD Sk^# • m£mi: V; vJfcJtffKr • • 2JUIZ- V« » *' mm » » W>^ UMIT5 CITY •••*m# •••••• we S. crm U • + «r*3 4 » • LIMITS • # w * • « ^ w ^ ^ 1 • • •-/ • • • • • • • • • 1 CITY eacMPWALD* S'OAjl a^ovk^a?Me c»vy limitsThis book is a preservation facsimile produced for the University of Illinois, Urbana-Champaign. It is made in compliance with copyright law and produced on acid-free archival 60# book weight paper which meets the requirements of ANSI/NISO Z39.48-1992 (permanence of paper). Preservation facsimile printing and binding by Northern Micrographics Brookhaven Bindery La Crosse, Wisconsin 2014