ENCROACHMENTS

Codified Ordinances of Cleveland pt. THREE, pt. IIIE, tit. XIII, ch. 3109

in effect

Codified Ordinances of Cleveland § 3109.01 General Restrictions Beyond the Building Line; Fee

§ 3109.01 General Restrictions Beyond the Building Line; Fee (a) No part of any building or other structure erected and no addition to any existing building or other structure shall be constructed so as to encroach upon public property or project beyond the street or alley line or setback or specific building line except as provided in this chapter, Chapter 3113 or the Zoning Code (Chapters 325 to 359). (b) Any part of a building or other structure, except permitted footings, constructed so as to project beyond the street or alley line or specific building line shall be constructed so that it may be removed at any time without causing the building or other structure to become structurally unsafe in whole or in part. (c) A permit shall be required for all permitted projections and encroachments beyond the building line and into required yard or court spaces which are regulated by this chapter, except that permits shall be required for retractable awnings only when located at the first story level and projecting, when open, over public property. The Commissioner of Assessments and Licenses shall charge a fee of one hundred dollars ($100.00) for a permit issued under this section, except for banners. For encroachment permits to attach banners to utility or other poles in the right-of-way, the Commissioner of Assessments and Licenses shall charge a fee of ten dollars ($10.00) per pole. No fee shall be charged for encroachment permits to stretch a banner across the right-of-way. (d) No permit to erect, alter, enlarge or maintain a projection beyond the street or alley line, or to encroach upon public property, shall constitute a permanent easement. Every such permit shall be revocable at any time by action of Council, and the City shall not be liable for any damages to the owner by reason of the revocation. (e) All projections and all encroachments shall be kept and maintained in a safe, sound and non- hazardous condition and in conformity with the provisions of this chapter or, where applicable, with the provisions of Chapter 3113. All corrodible materials shall be kept protected from corrosion by painting or shall be otherwise protected as approved by the Commissioner. All conditions which are declared unsafe or in violation of this chapter by the Commissioner shall be promptly abated by repair or by removal and rendered safe and in compliance with this chapter. Should an owner fail to comply within a reasonable time with any order of the Commissioner requiring the abatement of any unsafe condition, the Commissioner shall act under the provisions of Section 3103.09. (f) Any permit issued for a projection beyond the street or alley line, or for encroachment upon public property, shall be valid only while the projection or encroachment is maintained in a safe, sound, and nonhazardous condition. The Commissioner shall revoke any such permit when unsafe conditions are not promptly corrected by the owner of the property. (g) No projection beyond a street or alley line and no encroachment upon public property, shall be constructed so as to interfere with trees on public property, or with street lamps, hydrants, trolley or utility poles or wires, or other public installations, or with any required means of egress. (h) Except as may be limited or restricted by specific regulations, the provisions of this chapter permitting projections beyond the street or alley line shall apply also to projections on a public park or other permanent open public space provided, however, that the provisions of this chapter permitting underground installations between the street or alley line and the curb line, and the erection of marquees, fixed awnings and entrance canopies shall apply only between the street or alley line and a curb line. (Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

Codified Ordinances of Cleveland § 3109.02 Relations to Other Code Provisions

§ 3109.02 Relations to Other Code Provisions (a) For provisions governing the installation and maintenance of signs consult OBBC, Chapter 3113 of this Building Code and the Zoning Code (Chapters 325 to 359). (b) For provisions governing the use of sidewalks and streets during construction, demolition or moving of buildings consult Chapter 3115. (c) No installation permitted by this chapter shall be made so as to violate any provision of the Zoning Code (Chapters 325 to 359). (d) The provisions of this Building Code, including its enforcement and penalty provisions, shall apply to any violation of Chapter 670B related to: (1) An outdoor pay telephone that is attached to a building or structure by any means, including the attachment of any portion of a pay telephone, a frame or post to which a pay telephone is attached, or a wire or conduit connecting a pay telephone or its lighting source to a building or structure; or (2) An outdoor pay telephone that is located on a parking lot, yard, or any other part of a premises where such pay telephone is available for public use. An outdoor pay telephone shall be considered a structure for the purposes of the Building Code to the extent that it is erected on a stand alone basis on a premises, and it shall be considered an appurtenance that is a part of a building or other structure for purposes of this chapter to the extent that it is attached or connected to a building or other structure. No building or encroachment permit shall be required for a pay telephone that is permitted under Chapter 670B. (Ord. No. 1989-01. Passed 10-22-01, eff. 11-1-01 without the signature of the Mayor)

Codified Ordinances of Cleveland § 3109.03 Prohibited Projections and Encroachments

§ 3109.03 Prohibited Projections and Encroachments (a) The following projections beyond street or alley lines and encroachments upon public property are specifically prohibited. (1) Steps which are not contained within permitted base courses; (2) Steps which project beyond the permitted projection of base courses; (3) Areas for light and ventilation of below- grade rooms or spaces; (4) The projection of doors when opening or opened in a horizontal direction; (5) Storm doors and enclosures; (6) Fire escapes, fire tower balconies, balconies serving as horizontal exists, or other similar means of egress, except when specifically approved by the Board of Building Standards and Building Appeals; (7) Under-grade uses prohibited by Section 3109.20. (b) Sidewalks shall not be used for the display of goods, wares or merchandise, or for other similar commercial purpose. (c) The prohibitions of this section shall not be interpreted as permitting the construction of any projections or encroachments not specifically permitted by this Building Code.

Codified Ordinances of Cleveland § 3109.04 Sidewalks, Driveways, Curbs and Pavements

§ 3109.04 Sidewalks, Driveways, Curbs and Pavements (a) Any alteration, change, repair, removal or replacement of curbs, or of pavements within the traveled right-of-way, shall be under the control and direction of the Director of Public Service and shall be done by the City through its duly authorized employees or contractors. For all newly-installed, re-located, or reinstalled curbs, the curb elevation shall be the elevation directed by the Commissioner of Engineering and Construction of the Department of Public Service. (b) No curb shall be cut, lowered or installed at lower than customary height for access to premises unless the proposed use or the use of such premises is permitted by this Building Code and a permit, when required, has been issued for such use by the Commissioner. (c) The length and location of each curb cut and lowered curb shall also be subject to the approval of the Traffic Engineer and, where such curb abuts a tree lawn, to the approval of the Commissioner of Shade Trees. (d) The construction or alteration of sidewalks or driveways outside of a street or alley line or on public property shall be performed under permits from the Department of Public Service and in conformity with its regulations. (e) Unless otherwise specifically approved by the Commissioner of Engineering and Construction of the Department of Public Service under unusual conditions or conditions which would otherwise result in undue hardship, all sidewalks shall be in stalled with a rise of three-eighths (3/8) of an inch to the foot from the top of the curb to the street or alley line, measured at right angles to the curb, provided that at street intersections where the grade of the intersecting street prevents compliance with these provisions, the sidewalk shall be laid as directed by and to the acceptance of the Commissioner of Engineering and Construction. (f) Sidewalks shall be laid with the top surface properly roughened so that they will not become slippery when covered with moisture.

Codified Ordinances of Cleveland § 3109.05 Footings

§ 3109.05 Footings (a) Footings located six (6) feet or more but less than ten (10) feet below grade level may project not more than twelve (12) inches beyond the street or alley line. Footings located ten (10) feet or more below grade level may project not more than three (3) feet beyond the street or alley line. (b) No other part required for structural support of a building, and no foundation wall below grade level, shall project beyond the street or alley line. Permissible projections above the grade level shall be supported by corbelling, bracketing or cantilevering from supports and foundations maintained within the street or alley line.

Codified Ordinances of Cleveland § 3109.06 Below Grade Structures

§ 3109.06 Below Grade Structures There shall be no restrictions on the extent of structures entirely below grade level and located between a setback building line which is not a specific building line, and the street or alley line.

Codified Ordinances of Cleveland § 3109.07 Interference With Street Widening

§ 3109.07 Interference With Street Widening Where specific building lines are shown on the Zoning Maps, or where street widening is contemplated, the Director of Public Service may limit the projection of structures beyond a building line so that they will not interfere with street widening.

Codified Ordinances of Cleveland § 3109.08 Permissible Projections on Buildings

§ 3109.08 Permissible Projections on Buildings (a) The following projections shall be permitted beyond the street or alley line or setback or specific building line, or a lot line which adjoins a permanent open public space not less than ten (10) feet in width, provided that such projections are not in violation of the provisions of Section 357.13 of the Zoning Code governing encroachment on required front and side street yards, or of other provisions of this chapter. (1) Main cornices twelve (12) feet or more above grade level: five percent (5%) of the width of the street or alley or other permanent open public space, but not exceeding five (5) feet; (2) Belt courses, lintels, sill courses, pediments, subordinate cornices, moldings and similar decorative projections: one and one-fourth percent (1-1/4%) of the width of the street, alley or other permanent open public space, but in no case more than ten (10) inches; (3) Ordinary window sills and similar sills: not more than two (2) inches; (4) Base courses: one and one-fourth percent (1-1/4%) of the width of the street, alley or other permanent open public space but not more than ten (10) inches; except that when the width of an adjoining sidewalk is less than ten (10) feet the maximum permissible projection shall be six (6) inches. In all cases, the height of a projecting base course above grade level shall not exceed three (3) feet; (5) Rustications and quoins and similar decorative surfaces not more than four (4) inches; (6) Architraves, columns or pilasters or other decorative projections, emphasizing entrances: not more than ten (10) inches; (7) Bays or oriels located not less than twelve (12) feet above grade level, and aggregating a vertical area in any story of not more than twenty percent (20%) of the area of the facade in that story, may project three percent (3%) of the width of the street, alley or other public open space upon which they face but not more than three (3) feet; (8) Noncombustible veneer when used for refacing existing buildings only: not more than four (4) inches. (b) In calculating the maximum projection as limited by the prescribed percentage of the width of the street, alley or other permanent open public space, such width may be measured between setback or specific building lines. (c) For permitted projections into required rear yards and side yards see Section 357.13(c) of the Zoning Code. For permitted projections into required courts see Section 357.16(d) of the Zoning Code.

Codified Ordinances of Cleveland § 3109.09 Marquees

§ 3109.09 Marquees (a) Application. (1) The provisions of this section shall govern the erection of marquees located between a setback building line, specific building line, street line or alley line and the curb line. (2) Fixed structures for shelter or shade attached to the face of a building and located within a required interior side yard, rear yard or court, shall, for the purposes of this Building Code, be deemed to be fixed awnings and shall conform to the provisions of Section 3109.10. (b) Definition. For purposes of this Building Code “marquee” means a fixed structure constructed at the ground story level of a building to provide shelter for sidewalks or walks; supported by cantilevering outward from the face of a building, or by chains or rods, and not supported by posts or columns; and capable of supporting safely a live load of sixty (60) pounds per square foot of roof area and resisting safely an uplift of twenty (20) pounds per square foot with no downward live load. (c) Permitted Locations. A marquee located as specified in subsection (a)(1) hereof and conforming to the provisions of this section may be erected on any building except that no marquee shall extend over a window required to provide natural light in a habitable room. (d) Permissible Length. (1) When glass or other fragile material is used on the roof surface or in the roof construction of a marquee, or the roof slope of a marquee exceeds one (1) in four (4), such marquee shall not extend more than ten (10) feet on either side of an entrance doorway and the aggregate length of such marquees on any street or alley frontage of a building shall not exceed twenty- five percent (25%) of such frontage. (2) When the roofs of marquees are constructed and finished with solid, nonfragile material from which firefighting operations can be conducted and have a slope of one (1) in four (4) or less, such marquees may be erected for the full length of a street or alley frontage of a building. (e) Maximum Projection. (1) In Dwelling House Districts no marquee shall extend beyond the limits specified in Section 357.13(b)(1) of the Zoning Code. (2) No marquee shall extend so that the extreme outer edge is less than two (2) feet from a vertical surface passing through the outer face of the sidewalk curb. (f) Minimum Clearance and Maximum Height. There shall not be less than ten (10) feet in the clear between any point of a marquee and the sidewalk or walk surface directly below. The roof of a marquee shall be not more than twenty (20) feet above the highest level of the sidewalk or walk surface under such marquee. (g) Construction. (1) The vertical dimension of the side or front face of a marquee shall not exceed twenty-four (24) inches. (2) Every marquee shall be constructed of noncombustible materials. (3) Glass used in the roof construction or on the roof surface of a marquee shall be wired glass not less than one-fourth (1/4) inch thick and no light of such glass shall exceed seven hundred twenty (720) square inches in area or forty-eight (48) inches in any dimension. (4) The roofs of all marquees shall be equipped for drainage of storm water therefrom into the public drainage system. No water from the roofs of marquees shall be discharged in any fashion other than by piping connected into an approved drainage system. (5) Signs attached to marquees or erected on roofs of marquees shall conform to the applicable provisions of Chapter 3113. (h) Artificial Illumination. All sidewalks or walks under marquees shall be illuminated so that there will be not less than one (1) foot-candle at the sidewalk or walk level. Artificial illumination shall be provided by the owners of marquees whenever and wherever natural illumination or street lighting does not provide the intensity specified in this subsection.

Codified Ordinances of Cleveland § 3109.10 Fixed Awnings

§ 3109.10 Fixed Awnings (a) Application. The provisions of this section shall govern the erection of fixed awnings erected between a setback building line, specific building line, street line or alley line and the curb line; or within a required yard or court. (b) Definition. For purposes of this Building Code a “fixed awning” means a fixed structure supported by cantilevering or bracketing from the face of a building, and constructed to provide shelter or shade. (c) Permitted Locations. (1) Fixed awnings conforming to the provisions of this section may be erected on any building. (2) A fixed awning located as specified in subsection (a) hereof shall not be erected above the lowest story abutting a yard or court or facing a street or alley. (d) Permissible Length. There shall be no limitation on the permitted length of fixed awnings, measured parallel to the face of the building to which they are attached, when constructed and installed in conformity with the provisions of this section. (e) Maximum Projection. (1) In Dwelling House Districts no fixed awning shall extend beyond the limits specified in Section 357.13(b)(1) of the Zoning Code. (2) No fixed awning shall extend so that the extreme outer edge is less than two (2) feet from a vertical surface passing through the outer face of the sidewalk curb and no fixed awning shall extend more than forty-two (42) inches from the building face to which it is attached when over a window required to provide natural light in a habitable room, or more than five (5) feet in other instances; except that on one (1) story buildings fixed awnings may extend six (6) feet from the building face when not over a window required to provide natural light in a habitable room. (f) Minimum Clearance and Maximum Height. (1) There shall be not less than seven (7) feet, six (6) inches in the clear between any point of a fixed awning and the sidewalk, walk, or ground surface directly below, and no part of such awning shall be more than twelve (12) feet above such sidewalk, walk, or ground surface, except that such latter distance may be twenty (20) feet where the awning will not obstruct rescue through windows above the awning. (2) The maximum overall vertical dimension between top and bottom of any such fixed awning measured at the building face shall be three (3) feet; the maximum overall vertical dimension between top and bottom of such awning at its outermost projection shall be ten (10) inches; and the maximum overall vertical dimension between top and bottom at the midpoint of projection shall be twenty-three (23) inches; except that under conditions where undue hardship would otherwise result, the Commissioner may approve vertical dimensions of four (4) feet at the building face and twenty-nine (29) inches at the midpoint of projection. (g) Construction. (1) Fixed awnings shall be constructed throughout of noncombustible material, except that glass or other fragile material shall not be used in any part of such awning. (2) Fixed awnings shall be constructed to withstand snow loads and other loads incidental to serve performed, and maximum applied in any direction. (3) Fixed awnings shall be rigidly attached to the building or structure by bracketing or cantilevering. (4) Any fixed awning which is not constructed to permit the passage of rain or snow through open slots, slats, or louvers in the roof of the awning, or so arranged, designed, and erected that the discharge of rain water from the fixed awning at any point is not excessive and does not create a nuisance, shall be equipped with gutters or drains and downspouts to conduct water to the public drainage system and prevent flow upon pedestrians. (5) Ferrous metal or other material subject to corrosion when exposed to the weather, used in the construction of fixed awnings, shall be not lighter than twenty (20) U.S. gauge except that lighter gauge may be used for applied members, supported nonstructural parts, and decorative trim. (h) Signs. Signs attached to fixed awnings shall conform to the applicable provisions of Chapter 3113.

Codified Ordinances of Cleveland § 3109.11 Retractable Awnings

§ 3109.11 Retractable Awnings (a) Definition. For the purposes of this Building Code “retractable awning” means a structure fastened to the face of a building which in a closed position does not project more than twelve (12) inches from the face of such building and which, when opened by the operation of folding arms or other retractable supports, provides shelter or shade under canvas or metal or other material no more flammable or combustible than canvas. (b) Permitted Locations. Retractable awnings conforming to the provisions of this section may be erected on any building. (c) Permissible Length. There shall be no limitation on the permissible length of retractable awnings. (d) Maximum Projection and Minimum Clearance. (1) In Dwelling House Districts no retractable awning shall project beyond the limits specified in Section 357.13(b)(1) of the Zoning Code. (2) No retractable awning shall project more than eight (8) feet over a required front or side street yard or over public property when located at the first story level nor more than forty-two (42) inches when located above the first story level, and no retractable awning shall extend so that the extreme outer edge is less than two (2) feet from a vertical surface passing through the outer face of the sidewalk curb. (3) No retractable awning shall project into a required rear yard or interior side yard to a distance more than one-half (1/2) the width of such yard; or into a required court to a distance more than one-half (1/2) the width of the court; or in any case more than forty- two (42) inches; except that the Commissioner may approve greater projection at the lowest story abutting an interior side yard or rear yard or a court, or at the level of a setback, provided light and ventilation are not materially obstructed thereby. (4) In the closed position, no part of a retractable awning which is less than seven (7) feet, six (6) inches above the sidewalk or walk level shall project beyond the building line, and in the open position, no part of canvas shall be less than six (6) feet, eight (8) inches above the sidewalk or walk level and no part of metal or other nonyielding material shall be less than seven (7) feet, six (6) inches above the sidewalk or walk level. (e) Construction. (1) The framework of retractable awnings shall be either of noncorrodible metal or of metal properly protected against corrosion, or of other approved incombustible material suitable for the purpose. (2) All canvas hereafter installed on retractable awnings in connection with business, mercantile, commercial or industrial occupancy, shall be approved flameproofed canvas.

Codified Ordinances of Cleveland § 3109.12 Entrance Canopies

§ 3109.12 Entrance Canopies (a) Definition. For purposes of this Building Code an “entrance canopy” means a fixed or stationary canopy or hood constructed to provide protection at the entrance of a building, either supported entirely from a building, or supported partly from a building or from posts within the street or alley line, and partly by not more than two (2) pipe posts located two (2) feet in from the outer face of the curb. (b) Limiting Dimensions. (1) The maximum width of any entrance canopy shall be eight (8) feet; no part of the horizontal supporting framework shall be less than eight (8) feet above the sidewalk or walk level and no part of such canopy shall be more than twelve (12) feet above the sidewalk or walk level. (2) The minimum clearance under any canvas part of an entrance canopy shall be six (6) feet, eight (8) inches. (3) Side curtains of canvas may be attached to an entrance canopy provided the width of the traveled sidewalk is not obstructed thereby; such traveled width to be established by the Director of Public Service with due consideration of the density of travel over the sidewalk. (c) Permitted Locations. Entrance canopies may be constructed at the entrances of buildings other than dwelling houses or row houses, except that not more than one (1) entrance canopy shall be provided for each eighty (80) feet of street frontage of a building. (d) Construction. (1) The framework of entrance canopies shall be either of noncorrodible metal or of metal properly protected against corrosion, or other incombustible material approved for the purpose. (2) All canvas hereafter installed on any entrance canopy shall be approved flameproofed canvas. Any other material used in covering an entrance canopy shall be no more flammable or combustible than approved flameproofed canvas.

Codified Ordinances of Cleveland § 3109.13 Canopies on Market Streets

§ 3109.13 Canopies on Market Streets (a) Definitions. A “market street” means a street on which the buildings are used primarily for the wholesale handling and sale of perishable foods and which has been designated as a “market street” by the City Planning Commission. (b) Permits and Construction. (1) By special permit from the Commissioner and the Director of Public Service, canvas awnings on pipe frames may be erected on a market street on pipe supports located adjacent to the curb line, but not closer than one (1) foot from the curb line, for the sole purpose of protection of perishable foods in the process of loading, unloading or handling. (2) The canvas covering for such canopies may extend from the building to a horizontal support placed adjacent to the curb line and shall be arranged so that it can be rolled up, removed or retracted; and shall be rolled up, removed or retracted on days when not in actual use. (3) No such canopy shall be more than fifty (50) feet in length measured parallel to the building line, and there shall be a clearance of not less than four (4) feet from every common lot line, and not less than eight (8) feet between adjacent canopies. (4) The horizontal members of such canopies shall be not less than ten (10) feet above curb level and the total height at any point shall not exceed twelve (12) feet above curb level. (5) All canvas hereafter installed on sidewalk canopies on market streets shall be approved flameproofed canvas.

Codified Ordinances of Cleveland § 3109.14 Temporary Canopies

§ 3109.14 Temporary Canopies (a) Temporary canopies may be erected on sidewalks in connection with special events of a public nature for periods not exceeding two (2) weeks, and for other purposes for periods not exceeding forty-eight (48) hours, provided that no public hazard is created thereby and a permit therefor is obtained from the Director of Public Service. (b) The arrangement of such temporary canopies shall afford at least six (6) feet of unobstructed sidewalk width for the use of the public, or such greater unobstructed width as may be directed by the Director of Public Service.

Codified Ordinances of Cleveland § 3109.15 Temporary Reviewing Stands

§ 3109.15 Temporary Reviewing Stands (a) No temporary reviewing stands shall be erected except under permit from the Commissioner and in accordance with plans and specifications approved by him or her. (b) No temporary reviewing stand shall be placed upon public property without a permit from the Director of Public Service, and no such stand shall be so located when a charge is made for space in such stand by any person or persons other than a general committee having charge of a public demonstration. (c) No temporary reviewing stand shall be erected upon public property so as to obstruct more than two-thirds (2/3) of the width between the curb line and the street line.

Codified Ordinances of Cleveland § 3109.16 Storm Doors and Enclosures

§ 3109.16 Storm Doors and Enclosures (a) Storm doors and storm enclosures shall not project beyond the street or alley line. (b) Storm enclosures may project beyond a building line into a front yard or side street yard as permitted for front and side street yard encroachments under Section 357.13(b)(4) of the Zoning Code.

Codified Ordinances of Cleveland § 3109.17 Sidewalk Vaults

§ 3109.17 Sidewalk Vaults (a) Except as may be further limited where specific building lines are established or where street widening is contemplated, the space which may be occupied for a sidewalk vault shall be limited to the space between the street or alley line and a line four and one-half (4-1/2) feet from and parallel to the outer face of the curb to the outside face of the retaining wall of the vault; provided that spurs for sidewalk elevators, coal holes, and chutes shall be constructed so that the outer edge of sidewalk doors and coal holes shall be two (2) feet from the outer face of the curb. (b) Sidewalk vaults shall be designed to support the live loads specified in OBBC. Walls of sidewalk vaults shall be designed to resist all loads including possible surcharge from fixed or moving loads. (c) The structural slab or arch forming the roof of the vault shall be not less than four and one-half (4-1/2) inches below the finished surface of the sidewalk, and the sidewalk shall be installed in conformity with the rules and regulations of the Director of Public Service. (d) No glass light shall be installed in the roof of any sidewalk vault. (e) Manholes or other openings shall be provided in the roof of a sidewalk vault only when their need is conclusively demonstrated to the satisfaction of the Director of Public Service. Manholes or other opening covers installed in the roof of any sidewalk vault shall be approved type and shall not exceed thirty (30) inches in diameter or, when rectangular, shall not exceed thirty (30) inches along any side; shall be of metal or other approved incombustible material constructed to support the sidewalk loads prescribed by this Building Code and to prevent persons from slipping thereon; shall normally be kept closed; and shall have covers and frames flush with the sidewalk or walk. When covers are removed, the opening shall be properly protected and safeguarded. (f) When approved by the Director of Public Service under provisions of subsection (e) hereof, gratings not larger than necessary to provide required ventilation may be installed in the roofs of sidewalk vaults. Such gratings shall be of metal or other approved incombustible material constructed to support the sidewalk loads prescribed by this Building Code; shall be flush with the sidewalk, and shall be arranged so that no hazard will be created thereby. Gratings constructed of iron or steel bars shall have bars spaced not more than seventy-three hundredths (0.73) inch apart, and shall be of an approved nonslip type. (g) Sidewalk vaults shall be paved as required for cellars and shall be maintained in a dry and sanitary condition.

Codified Ordinances of Cleveland § 3109.18 Sidewalk Elevators and Sidewalk Doors

§ 3109.18 Sidewalk Elevators and Sidewalk Doors (a) No sidewalk door or doors for any purpose shall exceed four (4) feet in one (1) dimension and six (6) feet in the other dimension, nor shall the dimension at right angles to the curb be more than one-third (1/3) of the sidewalk width. (b) No sidewalk door or doors shall be installed in any sidewalk six (6) feet or less in width, measured at right angles to the curb. (c) No sidewalk elevator or sidewalk door or doors shall be installed in any sidewalk in front of any building where unloading space for off-street unloading and loading is available or required by this Building Code, except that in cases of undue hardship such installations may be permitted by the Board of Building Standards and Building Appeals. (d) All sidewalk doors shall be constructed of noncombustible material; shall be capable of supporting the sidewalk loads prescribed by this Building Code; and shall have surfaces which will prevent persons from slipping on them. No glass lights shall be installed within such doors and any perforations or gratings within them shall conform to the requirements hereinbefore specified for gratings in sidewalk vault roofs. (e) All sidewalk doors shall be installed so that one (1) side is two (2) feet from the outer face of the curb and parallel to the curb, and so that all portions of the frame and the door or doors are flush with the sidewalk surface. (f) Not more than one (1) sidewalk door or pair of doors shall be installed for each eighty (80) feet of frontage of a building. (g) All sidewalk doors shall be kept closed and sidewalks unobstructed except when sidewalk doors are in actual use for the transfer of objects through such doors. When closed, sidewalk doors shall be securely fastened from the underside. When open, sidewalk openings shall be properly protected and safeguarded.

Codified Ordinances of Cleveland § 3109.19 Prohibited Uses Under Grade Between Building Line and Curb Line

§ 3109.19 Prohibited Uses Under Grade Between Building Line and Curb Line (a) No gas or gasoline engine, or storage tank for the storage of gasoline or other flammable liquid with a flash point of one hundred degrees Fahrenheit (100°F) or less, nor any pipe or fixture generating or emitting gas or noxious or offensive odor, shall be installed under any street or alley. (b) No fill pipe opening for tanks or containers of flammable liquid with a flash point of one hundred degrees Fahrenheit (100°F) or less shall be located outside of a street or alley line or on public property. Fill pipe openings for liquids with a flash point above one hundred degrees Fahrenheit (100°F) installed outside of a street or alley line shall be two (2) feet from the outer face of the curb. (c) No opening in the space between the street or alley line and the curb line shall be used for the emission of vitiated air or as an exhaust opening or intake opening for a ventilating system, or for any similar purpose, except that gratings may be installed for natural ventilation as permitted by Section 3109.17(f). (d) No equipment, the operation of which is noisy and objectionably audible at the street level, shall be installed under the grade level between the building line and curb line. (e) Every application for the construction of a vault or other structure under the grade level between the building line and the curb line shall clearly state the intended use and occupancy of such vault or space and the tanks, machinery, or equipment intended to be placed therein, and such vault space or structure shall be used for no other than the approved purpose unless such other purpose is approved by the Commissioner and the Director of Public Service.

Codified Ordinances of Cleveland § 3109.20 Reservations on Under Sidewalk Uses

§ 3109.20 Reservations on Under Sidewalk Uses (a) No vault or other structure below the sidewalk level shall be constructed between the street or alley line and the curb line so as to interfere with or obstruct any existing or proposed installation of the City, or any existing installation of public utility companies, except as such installation may be relocated by the owners thereof. (b) The City reserves the right to construct at any time, under, over, or through such vault space or under sidewalk structure any installation needed for the public service without liability or compensation to the owner of such vault or under sidewalk structure. (c) Every application for a permit for a sidewalk vault or other under sidewalk structure shall be accompanied by a written recorded agreement upon an official blank, signed by the owner of the abutting property, contracting to release and relinquish the whole or part of such vault space or other under sidewalk space if so directed by ordinance of Council, and to remove all machinery, fixtures and structural parts of the vault which conflict with or obstruct proposed installations of the City or, when so directed, to alter such vault or other under sidewalk structure so as not to conflict with or obstruct proposed installations of the City, and to construct any retaining walls or other structures necessary to support walk and roadway loads and resist lateral pressures where such vault or other under sidewalk structure is removed in whole or in part; all without cost to the City and without compensation therefor from the City. (d) Where specific building lines are shown on the Zoning Maps, or where street widening is contemplated, the Director of Public Service may limit the dimensions of under sidewalk structures so that they will not interfere with street widening.

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-19922Fetched: 11/1/2026