§ 457.07 Screening Barriers
   Except as provided in division (e) of Section 457.07, all surface parking lots with ten (10) or more spaces shall be bordered along the entire length of all lot lines fronting on public streets or public alleys, as defined in Section 303.09 of the Codified Ordinances, except at established entrances and exits, by a visual screen and a vehicular barrier, as further described in divisions (a) and (b) of this section. Such screen and barrier shall be sufficient to prevent vehicular ingress and egress except at established entrances and exits, to prevent motor vehicles from encroaching into the public right-of-way, to restrict pedestrian movement to established sidewalk areas and to screen parked vehicles from view from the public right-of-way.
   (a)   Vehicular Barriers. The vehicular barrier shall consist of a continuous concrete or cut stone curb at least eight (8) inches high and six (6) inches wide or anchored concrete wheel stops, as necessary to prevent motor vehicles from projecting into the public right-of- way or impacting with the visual screen.
   (b)   Visual Screens. All visual screens shall meet the following requirements with respect to height, opacity and materials.
      (1)   Central City Area. Within the Downtown Core, Gateway and Warehouse Parking Districts, as established in Section 457.035, visual screens shall meet the following standards. Minimum required height and opacity shall be provided throughout the length of any required visual screen. The visual screen shall be a minimum of four (4) feet and a maximum of six (6) feet in height and shall conform to one (1) of the following four (4) standards with respect to materials and opacity.
         A.   Shrubbery and Fence: A continuous hedge of shrubbery and a metal picket and rail fence, together providing one hundred percent (100%) opacity to a height of two and one-half (2.5) feet and providing a minimum of five percent (5%) and a maximum of twenty-five (25%) opacity between a height of two and one-half (2.5) feet and four (4) feet.
 
         B.   Shrubbery, Fence and Trees: Shrubbery and a metal picket and rail fence, supplemented by trees planted at a minimum average spacing of twenty (20) feet, together providing fifty percent (50%) opacity to a height of two and one-half (2.5) feet and providing a minimum of five percent (5%) and a maximum of twenty-five percent (25%) opacity between a height of two and one-half (2.5) feet and four (4) feet.
 
         C.   Berm and Trees: A landscaped earthen berm planted with trees placed at a minimum average spacing of twenty (20) feet, providing one hundred percent (100%) opacity to a height of two and one-half (2.5) feet and a maximum of twenty-five percent (25%) opacity between a height of two and one-half (2.5) feet and four (4) feet.
 
         D.   Wall/Fence and Shrubbery: Shrubs planted at a minimum average spacing of eight (8) feet and a combination metal picket and rail fence/masonry wall, together providing a minimum of one hundred percent (100%) opacity to a height of two and one-half (2.5) feet and providing a minimum of five percent (5%) and a maximum of twenty-five percent (25%) opacity between two and one-half (2.5) feet and four (4) feet.
 
      (2)   Other Areas. All parking lot areas established and licensed on or after June 26, 1991 shall meet the screening standards established in division (b)(1) of this section. Outside of the Downtown Core, Gateway and Warehouse Parking Districts, as established in Section 457.035, all parking lots legally established prior to June 26, 1991 shall meet the following visual screening standards. The visual screen shall be composed of anchored concrete, wood or metal bollards, at least eight (8) inches in width or diameter and at least two and one-half (2.5) feet in height, in uniform intervals of not more than eight (8) feet, connected through the top of each bollard by aluminum or galvanized metal chains, at least one-half (1/2) inch in diameter. The bollards and chains shall be supplemented by trees planted at minimum intervals of thirty (30) feet.
 
   (c)   Supplemental Standards for Visual Screens. The elements which compose a required visual screen shall meet the following requirements:
      (1)   Standards for Shrubs, Trees and Ground Cover. Shrubbery used as part of a visual screen must be sufficient to meet the height and opacity requirements by the end of the second growing season after initial planting. All shrubs and trees shall be selected from lists of approved types, as adopted by the City Planning Commission. At the time of installation, deciduous trees shall be a minimum of two (2.0) inches in caliper at one (1) foot above grade, and evergreen trees shall be a minimum of six (6.0) feet in height. Trees shall be permitted as part of any visual screen, and the maximum height and opacity limitations shall not apply to trees. In the event that irrigation as required under division (c)(4) of this section is not available, landscaping materials installed on such property shall be of a type which do not require such irrigation for proper maintenance, as determined by the Director of Public Works, or his or her designee.
      (2)   Standards for Landscaped Areas. If a visual screen is set within a landscaped area, such area shall be bordered by a continuous concrete or cut stone curb at least six (6) inches wide and eight (8) inches high and such area shall be covered by grass or other suitable vegetative ground cover, bark or decorative stones. If planted with shrubs, the landscaped area shall be a minimum of three (3) feet in width. If planted with trees, the landscaped area shall be a minimum of four (4) feet in width.
      (3)   Standards for Fences and Walls. All walls and fences used as part of a visual screen shall be of uniform appearance and shall be set in a concrete base. Required metal picket and rail fences shall be of actual or simulated wrought iron or cast iron construction. Masonry walls shall be of brick or stone construction.
      (4)   Irrigation Requirements.
         A.   General Provisions. Every landscaped area shall be served by a permanently- installed underground irrigation system. No irrigation system, however shall be required for trees provided to supplement the use of bollards and chains as required by division (b)(2) of this section.
         B.   Method of Connection. For parking lots established on or after June 26, 1991, the irrigation system shall be connected directly to City water lines. For parking lots legally established before June 26, 1991, the irrigation system shall be either connected to City water lines or shall be configured for coupling to a hose which draws water from any permitted source. In such instances, the selection of the water source shall be made by the applicant. In all instances, however, the Division of Water may reject a particular method of connection if it determines that such method is technically infeasible or unsafe in a particular location.
         C.   Responsibilities. In the case of a property, or adjoining properties under common ownership, which are not served by City water lines, the City shall provide, at its expense, water line hook- ups to serve the irrigation system. The City’s responsibility to dedicate a water source shall arise upon approval by the Division of Building and Housing and the Division of Water of plans, submitted by the applicant, for such irrigation, including necessary water line hook-ups. The parking lot operator shall not be responsible for installing live landscaping materials until the City provides the water line hook up. Each applicant shall be required to install and pay for a separate water meter or meters, vault and backflow devices and shall pay for all water used. In the case of a system served by a fire hydrant tap, the applicant shall be responsible for payment of a single annual fee to cover the costs of estimated water use and issuance of a permit.
   (d)   Maintenance. All screening materials shall be maintained in good condition at all times. Unhealthy or dead vegetation shall be replaced with healthy plantings no later than the end of the next applicable growing season. Fences and walls shall be kept free from peeling paint, rust, spalling, and broken, cracked or missing elements. Fences and walls shall also be kept plumb, with no more than a two (2) inch deflection from a vertical position.
   (e)   Exemption for Alleys. No visual screen shall be required along public alleys except within the Downtown Core Parking District (as established in Section 457.035), where the required visual screen shall be provided.
   (f)   Landscaping Requirement Reductions and Exemptions. With regard to a parking lot which otherwise complies with all requirements of Section 457.07, the City Planning Commission shall grant a reduction of or an exemption from the requirements for shrubs, trees and landscaped areas of division (b) of Section 457.07 if full compliance with such requirements would result in a loss of existing parking spaces which cannot be avoided or remediated through re-design or re-configuration of the parking lot. The Commission shall take such action in accordance with the following provisions.
      (1)   Evidence to Be Provided by the Applicant. An applicant seeking a reduction of or an exemption from the requirement for landscape elements of a visual screen shall present evidence to the City Planning Commission demonstrating that the potential loss of existing spaces cannot be avoided or remediated through re-design or re-configuration of the parking lot.
      (2)   City Planning Commission Determination. Upon consideration of evidence submitted by the applicant as well as any analysis prepared by City staff, the City Planning Commission shall determine whether strict application of the visual screen landscaping requirements will result in an unremediable loss of parking spaces. In determining whether a loss of parking spaces can be avoided
through re-design or re-striping, the Commission shall assume continued use of existing parking space and aisle dimensions for the subject property except where such dimensions are in excess of City standards. The Commission shall further determine whether the applicant can comply with the visual screen landscaping requirements through the use of a legal encroachment in one (1) or more of the public rights- of-way adjoining the parking lot.
      (3)   Minimum Requirement. Any reduction of standards approved by the City Planning Commission with respect to the required visual screen shall be the minimum reduction necessary to prevent a loss of parking spaces. The Commission may require compliance with the visual screen standards through the use of a legal encroachment in one (1) or more of the public rights-of-way adjoining the parking lot. At a minimum, the Commission shall require installation of a metal picket and rail fence meeting all applicable requirements of this section and, in addition, providing a metal, brick or stone pier or post, at least two (2) inches square, at a minimum spacing of eight (8) feet. The Commission shall also require provision of landscaped areas where such provision will not result in a loss of parking spaces.
 
   (g)   Temporary Uses. Where the City Planning Commission deems a parking lot to be a temporary use, the barrier and screening requirements of this section shall be met if the parking lot operator installs anchored concrete wheel stops supplemented by bollards and chains, as required in division (b)(2) of this section. The requirement for bollards and chains shall not apply outside of the Downtown Core Parking District. No surface parking lot shall be deemed temporary for a period in excess of one (1) year, provided however, that the City Planning Commission may extend the temporary use for one (1) additional one (1) year period if, prior to the completion of the initial one (1) year period, a project agreement with the City is executed which requires development of the lot within one (1) year or a Building Permit application has been filed for development of the lot. A parking lot shall also be considered as a temporary use if there exists a lease, recorded with the Cuyahoga County Recorder, between the parking lot operator and the owner of the subject property, and the term of the lease expires within eighteen (18) months after the compliance date for filing of plans, as specified in division (i) of this section.
   (h)   Approval. The materials, design, location and construction of the screens and barriers required by this section shall be approved by the Director of City Planning Commission, in consultation with the Commissioners of Research, Planning and Development and Traffic Engineering and shall be in accordance with the standards promulgated by the Commissioners in compliance with the provisions of this chapter. Unless otherwise permitted by the Commissioner of Traffic Engineering, each parking place shall have one (1) common entrance and one (1) common exit, which may or may not be combined.
   (i)   Compliance Dates. Parking lots legally established prior to June 26, 1991 shall comply with the requirements of this section in accordance with the following provisions:
      (1)   For lots within the Downtown Core Parking District, plans shall be filed by May 1, 1992, and installation shall be completed by August 1, 1992.
      (2)   For lots within the Erieview, Downtown Lakefront and Flats Parking Districts, plans shall be submitted by May 1, 1993, and installation shall be completed by August 1, 1993.
      (3)   For lots within the Gateway and Warehouse Parking Districts and in the remainder of the City, plans shall be submitted by May 1, 1994, and installation shall be completed by August 1, 1994.
(Ord. No. 1233-15. Passed 11-9-15, eff. 11-11-15)