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Broadway ?
Buckeye
?
Glenville
?
Gordon Square ?
Kamm's ?
Lorain Station
PEDESTRIAN
RETAIL OVERLAY (PRO) DISTRICT Summary of Draft Ordinance Description.
The PRO District is an overlay
zoning district that would be mapped in neighborhood shopping districts
characterized by retail buildings located at the sidewalk edge.
The PRO District would ensure that the pedestrian-oriented character of
these shopping districts is preserved. This
would be accomplished through the regulatory tools discussed below. Building Setbacks.
The PRO District would
prohibit any new buildings from being set back more than 5 feet from the
sidewalk on a street designated as a Pedestrian Retail Street. Location of
Parking. Any parking lot
proposed for a location directly along the Pedestrian Retail Street (e.g., on
the side of a building, as opposed to in back of the building) is classified as
a “Conditional Use” in the PRO District.
This means that such a parking lot would not be approved unless the City
Planning Commission determined that it was infeasible to locate the parking
behind the building –
either because of the size or shape of the property or because the
applicant demonstrated that placing the parking in back of the building would
jeopardize occupancy of the property by a viable retail use. Prohibited Uses.
The PRO District would permit those uses permitted in the underlying
district (either Local Retail or General Retail) but would prohibit certain uses
that detract from the pedestrian-oriented character of the district
– including open sales
lots (automobile dealers, etc.), gas stations, car washes, and drive-through
lanes (intersecting the Pedestrian Retail Street). Conditional Uses.
The PRO District would classify certain uses as “Conditional Uses,”
permitted only if the City Planning Commission determined that a more suitable
use could not reasonably be located on a particular property.
Conditional uses would include housing, institutions (such as churches
and schools) and offices that do not serve customers or clients on the premises
– except that such uses would
be allowed on upper floors or in basements (but not on the ground floor near
the sidewalk). Required Parking.
In recognition of the fact that a greater than average proportion of
customers will travel to stores in a PRO District by public transportation or by
walking, the PRO District reduces parking requirements by 33%, compared to the
otherwise applicable zoning requirements. The
PRO District regulations also direct the Board of Zoning Appeals to further
reduce parking requirements “where it has been demonstrated that additional
parking is available in common or shared parking facilities or in on-street
parking areas.” PEDESTRIAN
RETAIL OVERLAY (PRO) DISTRICT 343.22
Pedestrian Retail Overlay (PRO) District (a)
Purpose.
The Pedestrian Retail Overlay (PRO) District is established to maintain
the economic viability of older neighborhood shopping districts by preserving
the pedestrian-oriented character of those districts and to protect public
safety by minimizing conflicts between vehicles and pedestrians in neighborhood
shopping districts. (b)
Mapping.
The PRO District is an overlay district which shall be mapped only in an
area where at least 75% of the underlying zoning is (c)
Applicability.
The PRO District regulations shall apply only in those portions of a PRO
District in which the underlying zoning is either Local Retail or General
Retail. The regulations of the
underlying zoning district shall govern except where in conflict with the
regulations of the PRO District, in which case the regulations of the PRO
District shall govern. (d)
Definitions.
As used in this section, the following terms shall be defined as stated
below. (1)
“Pedestrian Retail Street Frontage” means
that side or sides of a public street frontage where pedestrian-oriented retail
shopping activity is encouraged by means of the designation of such street
frontage on the Zoning Map. (2)
“Pedestrian Retail Space” means
that portion of a building or property located at or closest to the level of the
public sidewalk and within forty (40) feet of a Pedestrian Retail Street
Frontage. (3)
“Open Sales Lot” means a property
or portion thereof used for the sale of merchandise stored in outdoor,
unenclosed locations. (4)
“Institutional Use” means, for
purposes of this section, a school, day care center, place of worship, place of
assembly, hospital, nursing home, residential treatment facility, or similar
use. (5)
“Non-Retail Office” means an
office use whose primary activity does not involve service to customers or
clients on the premises. (e)
Use
Regulations.
All uses permitted in the
underlying retail zoning district shall be permitted in the PRO District, with
the exception of Pedestrian Retail Spaces, as defined herein, for which uses
shall be further limited as follows. (1) Prohibited
Uses. For
Pedestrian Retail Spaces, as defined herein, the following uses shall be
prohibited:
A. open
sales lots, as defined herein
B.
filling and service stations C.
car washes D.
lanes serving a drive-through
facility (2)
Conditional Uses. For
Pedestrian Retail Spaces, as defined herein, the following uses shall be
permitted as Conditional Uses, as approved by the City Planning Commission in
accordance with the approval criteria provided in this section: A.
off-street parking or loading
areas B.
driveways extending across a
public sidewalk C.
residential, institutional and non-retail office uses, as defined herein,
except that ground-floor entrances and lobbies serving such uses located on
upper floors or in a basement level shall be permitted without the requirement
for conditional approval D.
any building-enclosed use that
does not have a public pedestrian entrance from the Pedestrian Retail Street
Frontage E.
any use with more than forty
(40) feet of frontage along the Pedestrian Retail Street Frontage F.
a building with an interior
side yard more than four (4) feet in width and located within forty (40) feet of
a Pedestrian Retail Frontage. (f)
Criteria for Conditional Uses.
The City Planning Commission
shall approve a Conditional Use application if it determines that the
application meets the following criteria. (1)
In the case of a proposed
residential, institutional or non-retail office use, one or more of the
following conditions apply. A.
The
subject building space was designed specifically for the type of use proposed
and, as such, occupancy by an unconditionally permitted use is an unreasonable
expectation. B.
Denial of the application for
occupancy by a conditional use would result in a long-term vacancy of the
subject property, as demonstrated by the applicant. C.
It has been determined that the proposed use is needed in the immediate area and
that suitable alternative locations are unavailable. (2)
In the case of a proposed off-street
parking or loading area or driveway, one or both of the following conditions
apply. A.
The size, shape or layout of the
subject property does not permit placement of the parking, loading or driveway
in a more suitable location. B.
It has been demonstrated by the
applicant that placement of the parking, loading or driveway in a location that
is permitted unconditionally would jeopardize the continued occupancy of the
subject property by uses suited to the PRO District. (3)
In the case of a building-enclosed
use that does not have an entrance from the Pedestrian Retail Street Frontage,
one or both of the following conditions apply. A.
The proposed use will occupy an
existing building that lacks such pedestrian entrance, and the addition of a
conforming pedestrian entrance is made infeasible by the configuration of the
interior space or other factors related to the design and placement of the
building. B.
Placement of the pedestrian
entrance in a location other than on the Pedestrian Retail Street Frontage will
result in more suitable pedestrian access. (4)
In the case of a proposed use with
more than forty (40) feet of frontage along the Pedestrian Retail Street
Frontage, the subject space was designed for use at such size and the proposed
use, in the determination of the City Planning Commission, will not have adverse
impacts on the functioning of nearby pedestrian-oriented retail uses. (5)
In the case of an interior
side yard more than four (4) feet in width and located within forty (40) feet of
a Pedestrian Retail Frontage, the subject building will be occupied by
residential units which require the greater side yard area to allow for
desirable levels of light and air. (g)
Maximum Setbacks. Notwithstanding
the provisions of the underlying zoning district, properties in PRO Districts
shall conform to the following regulations with respect to maximum setbacks. (1)
Front Street Yard.
No main building on a lot
abutting a Pedestrian Retail Street Frontage shall be set back more than five
(5) feet from the Pedestrian Retail Street Frontage unless the City Planning
Commission has approved establishment of a surface parking lot in such location
as a Conditional Use. Such building
features as entrances and display windows may be set back up to an additional
five (5) feet as long as these features occupy no more than fifty percent (50%)
of the a building’s total frontage. These
setback regulations shall not apply to portions of buildings above the
first-story level. (2)
Interior Side Yard.
No portion of an interior side
yard located within forty (40) feet of a Pedestrian Retail Street Frontage shall
exceed four (4) feet in width on the ground floor level, unless the City
Planning Commission has approved a driveway or a residential side yard in such
location as a Conditional Use. (3)
Exceptions for Outdoor Cafes.
A building may be set back a maximum of fifteen (15) feet from the
Pedestrian Retail Street Frontage in order to accommodate a permanent outdoor
café. If use of such café is
discontinued for a period of two (2) years or more, the setback area shall be
landscaped or otherwise improved in accordance with a plan approved by the City
Planning Commission. (h)
Window Areas.
For any non-residential
building or storefront facing a Pedestrian Retail Street Frontage, not less than
sixty percent (60%) of the front façade between 2.5 and 7.5 feet in height
shall be composed of transparent windows or doors.
In addition, not more than twenty-five percent (25%) of such window or
door area on a building or storefront shall be covered with permanent signs. (i) Parking.
In recognition of the expected greater use of public transit, bicycles
and walking by customers and employees traveling to PRO Districts, the minimum
number of parking spaces otherwise required by the Zoning Code shall be reduced
by thirty-three percent (33%) for retail business uses in such districts.
The Board of Zoning Appeals may further reduce parking requirements where
it has been demonstrated that additional parking is available in common or
shared parking facilities or in on-street parking areas located within a
reasonable walking distance of the use, given the nature of the use and the
district. The Board shall also
consider such factors as the number of bicycle racks available in proximity to a
use. In making its determination,
the Board shall be guided by an up-to-date analysis of parking supply and demand
and other relevant factors submitted by or on behalf of the applicant.
The City Planning Commission shall maintain a file of all such parking
analyses submitted for properties in each PRO District. (j) Variances. The Board of Zoning Appeals may grant variances to requirements of this section in accordance with the applicable criteria stated in Chapter 329 of this code.
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