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Every applicant for a license to operate a public garage or parking lot shall make application in writing to the Commissioner of Assessments and Licenses, which application shall set forth the following information:
(a) The name and address of the applicant, and if a partnership, the names and addresses of all partners, and if a corporation, the name, date and state under which incorporated, and the names and addresses of the officers and the statutory agent;
(b) An accurately scaled and dimensioned site plan and elevation drawing(s) showing the configuration of entrances, exits, aisles and spaces; identifying the right-of-way, curbs and sidewalks, signage, landscaping, curbing, wheel stops, and screening materials; and indicating the dimensions of all such elements;
(c) The hours during which motor vehicles may be stored and the hours during which the premises will be served by an attendant;
(d) Such other information as the Commissioner deems pertinent or necessary to carry into effect the provisions of this chapter.
(Ord. No. 2603-91. Passed 8-19-92, eff. 8-27-92)
(a) Public Garages. On receipt of an application for a license to operate a public garage, and payment of the fee required by division (g) of this section, the Commissioner of Assessments and Licenses shall issue the license on a form promulgated by the Commissioner for that purpose. No license shall be issued except to an applicant for a property which is in compliance with the terms of this chapter and is also in compliance with division (a) of Section 349.07, Section 349.09, and Section 350.17 of the Codified Ordinances, as applicable to the subject property.
(b) Parking Lots. On receipt of an application for a license to operate a parking lot, the Commissioner of Assessments and Licenses shall transmit the application to the Director of the City Planning Commission to determine whether the facility in question complies with the substantive provisions of the chapter. The Director of the City Planning Commission shall, within sixty (60) days of receipt of the application, notify the Commissioner of Assessments and Licenses whether the facility in question complies with all of the substantive provisions of this chapter. On notification of compliance, the Commissioner of Assessments and Licenses shall issue the license on a form promulgated by the Commissioner for that purpose. No license shall be issued except to an applicant for property which is in compliance with the terms of this chapter and is also in compliance with division (a) of Section 349.07, Section 349.09, and Section 350.17 of the Codified Ordinances, as applicable to the subject property.
(c) Issuance and Renewal. All licenses issued under this section shall be issued for a period of one (1) year commencing November 1. Licenses may be renewed if an application for renewal containing the information listed in Section 457.02 is submitted to the Commissioner of Assessments and Licenses not less than ninety (90) days before termination of the previous license or registration. Applications for license renewal or for the licensing of a registered parking lot shall be accompanied by the required site plan and elevation drawing only in the following two (2) instances: 1) in the year in which landscaping and screening compliance is required under division (i) of Section 457.07, and 2) if a change in the parking lot renders the previously submitted site plan or elevation drawing inaccurate.
(d) License Extension. If an application for a license renewal has been submitted in accordance with the provisions of Sections 457.02 and 457.03 of this chapter, and if, before the existing license has expired, the City has not taken all administrative and legislative action required for approval of the renewal of the license (including, if applicable, the granting of an encroachment permit), the Commissioner of Assessments and Licenses shall extend the existing license on a month-by-month basis until the City has taken action as required by this chapter.
(e) Applicability to Premises. Licenses issued under this section shall apply only to the premises described in the application, and a separate application and license shall be required for each noncontiguous site operated. The license shall not be assignable or transferable.
(f) Notification of Police Chief. The Commissioner of Assessments and Licenses shall notify the Chief of Police of each license issued under this chapter.
(g) License Fee. Each application for a new or renewal license shall be accompanied by a fee of:
(1) In 2003 and 2004, fifty cents ($0.50) per parking space;
(2) In 2005 and 2006, seventy-five cents ($0.75) per parking space; and
(3) In 2007, one dollar ($1.00) per parking space.
(h) Site Plan Review Fee. Each application for a new or renewal license, including a new or revised site plan, shall be accompanied by an additional fee of one hundred and twenty dollars ($120.00).
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
Six (6) specific geographic districts are hereby established for the application of particular provisions of this chapter. Except as otherwise specified, regulations of this chapter shall apply in each of the six (6) districts as well as in the remainder of the City.
(a) Purpose. It is recognized that, on a citywide basis, Cleveland’s central business district is characterized by the highest levels of vehicular traffic, pedestrian traffic, parking demand, general business activity, and convention and tourism-related activity. These circumstances require that the highest standards for parking facility operation be applied to facilities closest to the City’s core.
(b) Description of Districts. The six (6) parking facility licensing districts are as follows:
(1) Downtown Core Parking District. Beginning at a point of intersection of the center line of West 3 Street and the center line of the Conrail Tracks; thence northeasterly along said center line of the Conrail Tracks to its intersection with the center line of East 12 Street; thence southeasterly along said center line of East 12 Street to its intersection with the center line of Chester Avenue, N.E.; thence northeasterly along said center line of Chester Avenue, N.E. to its intersection with the center line of East 18 Street; thence southerly along said center line of East 18 Street to its intersection with the center line of Brownell Court, S.E.; thence easterly along said center line of Brownell Court, S.E. to its intersection with a line located one hundred thirty two (132) feet east of the easterly line of East 18 Street; thence southerly along said line which is parallel to and one hundred thirty two (132) feet east of said easterly line of East 18 Street to its intersection with the center line of Prospect Avenue, S.E.; thence westerly along said center line of Prospect Avenue, S.E. to its intersection with the center line of East 14 Street; thence northwesterly along said center line of East 14 Street to its intersection with the center line of Brownell Court, S.E.; thence westerly, northwesterly, and southwesterly along said center line of Brownell Court, S.E., to its intersection with a twelve (12) foot unnamed alley; thence northwesterly along said twelve (12) foot unnamed alley to its intersection with the center line of Huron Road, S.E.; thence southwesterly along said center line of Huron Road, S.E. to its intersection with the center line of East 9 Street; thence northwesterly along said center line of East 9 Street to the center line of Alpha Court, S.E.; thence westerly and northwesterly along said center line of Alpha Court, S.E. to its intersection with the center line of East 8 Street; thence northeasterly along said center line of East 8 Street to its intersection with a line located one hundred (100) feet southwest of the southwesterly line of Euclid Avenue; thence northwesterly and southwesterly along said line which is parallel to and one hundred (100) feet southwest of said southwesterly line of Euclid Avenue to its intersection with the center line of Ontario Street; thence southeasterly along said center line of Ontario Street to its intersection with the center line of Huron Road, S.E.; thence northwesterly along said center line of Huron Road, S.E. to its intersection with the center line of Superior Avenue, S.E.; thence easterly along said center line of Superior Avenue, S.E. to its intersection with the center line of West 3 Street; thence northerly along said center line of Old River Road to its intersection with the center line of West 3 Street; thence northerly along said center line of West 3 Street to the place of beginning.
(2) Warehouse Parking District. Beginning at a point of the intersection of the center line of Superior Avenue, S.E., and the center line of Old River Road; thence northwesterly along said center line of Old River Road to its intersection with the center line of West St. Clair; thence northeasterly along said center line of West St. Clair to its intersection with the center line of West 10 Street; thence northwesterly along said center line of West 10 Street to its intersection with the center line of Main Avenue, N.E.; thence northeasterly along said center line of Main Avenue, N.E. to its intersection with the center line of West 3 Street; thence southerly along said center line of West 3 Street to its intersection with the center line of Superior Avenue, S.E.; thence westerly along said center line of Superior Avenue, S.E. to its intersection with the center line of Huron Road, S.E.; thence northwesterly along the center line of Superior Road, S.E. to the place of beginning.
(3) Erieview Parking District. Beginning at a point of intersection of the center line of Chester Avenue, N.E. and the center line of East 12 Street; thence northwesterly along said center line of East 12 Street to its intersection with the center line of the Conrail Tracks; thence northeasterly along said center line of said Conrail Tracks to its intersection with the center line of East 18 Street; thence southeasterly along said center line of East 18 Street to its intersection with the center line of Chester Avenue, N.E.; thence northwesterly and southwesterly along said center line of Chester Avenue, N.E. to the place of beginning.
(4) Flats Parking District. Beginning at a point of intersection of the center line of the Detroit Superior Bridge and the center line of West 25 Street; thence northwesterly along said center line of West 25 Street to its intersection with the center line of Mulberry Street; thence northwesterly along said center line of Mulberry Street to its intersection with the center line of River Road, N.W.; thence northeasterly along said center line of River Road, N.W. to its intersection with the northwesterly edge of the river bank; thence westerly, northwesterly and northerly along said northerly edge of the river bank to its intersection with the center line of the Conrail Tracks; thence northeasterly along said center line of the Conrail Tracks to its intersection with the center line of West 3 Street; thence southeasterly along said center line of West 3 Street to its intersection with the center line of Superior Avenue, N.W.; thence southwesterly along said center line of Superior Avenue, N.W. and continuing southwesterly along the center line of the Detroit Superior Bridge to the place of beginning.
(5) Downtown Lakefront Parking District. Beginning at a point of intersection of the center line of the Conrail Tracks and the center line of West 3 Street; thence northwesterly along said center line of West 3 Street to its intersection with the center line of the Memorial Shoreway; thence northeasterly along said center line of the Memorial Shoreway to its intersection with the northwesterly extension of the center line of I-71 Innerbelt Freeway; thence southeasterly along said northwesterly extension and along said center line of said I-71 Innerbelt Freeway to its intersection with said center line of said Conrail Tracks; thence southwesterly along said center line of said Conrail Tracks to the place of beginning.
(6) Gateway. Beginning at a point of intersection of the center line of East 14 Street and the center line of the Inner Belt; thence southwesterly along said center line of the Inner Belt to its intersection with the center line of Broadway; thence northwesterly along said center line of Broadway to its intersection with the center line of Ontario Street; thence northwesterly along said center line of Ontario Street to its intersection with the westerly extension of a line located one hundred (100) feet southwest of the southwesterly line of Euclid Avenue; thence easterly along said westerly extension and continuing southeasterly along said line which is parallel to and one hundred (100) feet southwest of said southwesterly line of Euclid Avenue and along its easterly extension to its intersection with the center line of East 9 Street; thence southeasterly along said center line of East 9 Street to its intersection with Huron Road, S.E.; thence northeasterly along said center line of Huron Road, S.E. to its intersection with the center line of a twelve (12) foot unnamed alley; thence southeasterly along said center line of said twelve (12) foot unnamed alley to its intersection with the center line of Brownell Court, S.E.; thence easterly along said center line of Brownell Court, S.E. to the center line of East 14 Street; thence southeasterly along said center line of East 14 Street to its intersection with the center line of Prospect Avenue, S.E.; thence easterly along said center line of Prospect Avenue to its intersection with the center line of East 18 Street; thence southerly along said center line of East 18 Street to its intersection with the center line of East 14 Street; thence southerly along said center line of East 14 Street to the place of beginning.
(Ord. No. 1552-A-90. Passed 6-17-91, eff. 6-26-91)
(a) Purpose. The regulations of this section are established to ensure that licensed parking facilities are furnished with signs which provide customers with accurate, useful, and legible information regarding rates and other operational matters. Furthermore, these regulations are established to ensure provision of signs which clearly and effectively identify parking available to visitors seeking daily or other short-term parking. The requirement for provision of such visitor-oriented signage is intended to promote economic activity in the City by facilitating easy access to parking which serves the Central Business District and major visitor attractions.
(b) Display of Rates and Other Information. The following regulations shall apply to all parking lots and garages subject to licensing regulations.
(1) Display of Rates. Each parking facility shall be furnished with signs readable from each vehicular entrance, displaying all parking rates applicable at any given time. When multiple rates are applicable at a given time, the display shall include, at a minimum, the lowest and highest rates. All rates applicable at a given time shall be displayed in numerals which are the same size for each rate. Rates displayed on signs for surface lots or on free-standing signs for garages shall be a minimum height of five (5) inches for dollar amounts and three (3) inches for display of cents and other rate information. For garages, rates and rate information displayed on or adjacent to booths and ticket dispensers shall have a minimum character height of two (2) inches.
(2) Visibility of Rate Information. For a surface lot or for a garage which is set back from the street, the sign displaying the required rate information shall be placed so that the rates are visible and readable to the motorist prior to entering the property. For a garage entrance located at the sidewalk edge, such sign shall be placed so that the rates are readable to the motorist prior to passing the ticket dispenser or attendant’s booth.
(3) Required Information. In addition to the rate information required in division (b)(1) of this section, each parking facility shall display the following items of information: 1) a full listing of all rates applicable at all times, 2) the telephone number for after-hours contact, 3) the name of the operator, and 4) the closing time of the facility if exits are blocked after closing. Such additional information shall be displayed in lettering and numerals a minimum of two (2) inches and a maximum of eight (8) inches in height, placed at all attendant’s booths, all payment boxes and/or at all vehicular entrances.
(4) Destination Information. The sign(s) identifying the parking facility and/or its rates, as required in division (b)(1) of this section, may also display information identifying businesses or other uses served by the parking facility. Such information shall be displayed in lettering no more than five (5) inches in height and shall be incorporated within the standard- size sign, as permitted in this section.
(c) Special Event and Other Special Rate Parking. Information regarding flat rates for special event parking or other special time-period parking, such as “early bird specials,” shall be displayed in accordance with the following regulations. Such sign may also be used to indicate that the garage is “full.”
(1) Such rate information shall be displayed on the permanent free-standing sign or signs which identify the parking facility’s regular rates, using changeable panels or electronically-changeable copy, in accordance with design standards adopted by the City Planning Commission.
(2) In the case of a garage which is not served by a free-standing rate sign, the special event or other special time-period parking rate may be displayed on a metal or plastic panel, mounted on a pole which is inserted into a base which is permanently affixed to the ground. Such sign shall be a maximum of six (6) square feet in area and four (4) feet in height above the ground and shall not project into the public right-of-way.
(3) Availability of parking for special events shall be identified by use of the term “Event,” accompanied by the applicable rate. Such information may be displayed in characters which are larger than those used for display of other rates.
(d) Sign Structures and Locations. The following regulations shall apply to all parking lots and garages subject to licensing regulations.
(1) Sign Types. Signs for parking facilities may take the form of a free-standing sign, a sign projecting from or otherwise applied to a building wall, a sign mounted on an attendant’s booth, ticket machine or payment box, a sign placed on a canopy or marquee, or a sign mounted above a fence post or pier. Portable signs (i.e., “sandwich boards” and other signs not permanently affixed to the ground or to a permitted structure) shall not be permitted, except as permitted in division (c)(2) of this section.
(2) Location of Signs. No freestanding sign, nor any portion of such sign, shall be located within or above the public right-of-way, except as permitted in division (e)(1) of this section for a sign element displaying the international parking symbol. No sign projecting from a building wall shall extend to a point which is within two (2) feet of the outer edge of a street curb nor shall such sign extend more than five (5) feet from the building wall.
(3) Vertical Clearance. No portion of a sign located above a sidewalk or other pedestrian walking area shall be located less than eight (8) feet above the surface of such area. No portion of a sign located above a driveway or other vehicular way shall be located less than sixteen (16) feet above the surface of such area.
(4) Primary and Secondary Signs. As used in this section, the terms “primary signs” and “secondary signs” shall have the following meanings. “Primary signs” are a parking facility’s principal signs identifying the parking facility and/or its rates. A primary sign may display other permitted information in addition to the identification and rate information. “Secondary signs” are signs which display only directional and instructional messages necessary to guide motorists and pedestrians within the parking facility. Signs which provide detailed rate information, supplementing that provided on the primary signs, shall also be considered secondary signs.
(5) Size, Number and Height of Signs. Each parking facility shall be permitted a total of thirty-two (32) square feet of “primary sign” area for each vehicular entrance, except that two (2) vehicular entrances located less than thirty (30) feet apart, as measured along the property line, shall be counted as a single entrance for this purpose. Such primary sign area permitted for each entrance may be displayed on either one (1) or two (2) sign structures. If two (2) sign structures are used, rate information must be readable at each vehicular entrance. No single primary sign shall exceed thirty-two (32) square feet in area nor shall it exceed fifteen (15) feet in height if free-standing. “Secondary signs,” if free-standing, shall not exceed six (6) square feet in area nor four (4) feet in height, and shall be placed, as approved by the City Planning Director, only where necessary to provide instructions to customers of the parking facility. Secondary signs displayed on building walls or on overhead structures shall be no larger than necessary to display permitted information in a readable manner, as determined by the City Planning Director.
(6) Measurement of Sign Area. Only one (1) side of double-sided signs shall be counted in the measurement of sign area if the two (2) sides are in parallel, back-to-back arrangement.
(7) Temporary Signs. For a newly- established license parking facility, the following temporary signs shall be permitted for a period not exceeding sixty (60) days following the opening of the parking facility:
A. Signs substituting for approved but not-yet-installed permanent signs, conforming, to the maximum extent feasible, with all regulations and design standards for permanent signs except those pertaining to fabrication materials; and
B. For each vehicular entrance, one (1) wall-mounted banner, not exceeding forty (40) square feet in area, or one (1) free-standing temporary sign, not exceeding ten (10) square feet in area, announcing the opening of the parking facility.
(e) Signs for Visitor-Oriented Parking Facilities. In addition to other applicable regulations of this section, the following supplemental regulations shall apply to signs for parking facilities which are available to the general public on an hourly, daily or special event basis (i.e., “visitor-oriented parking facilities”). These supplemental regulations shall not apply to parking facilities which are restricted to use by employees, residents, faculty or students of businesses, institutions or other buildings served by the parking facility nor shall these regulations apply to parking facilities which are restricted exclusively to use on a weekly or monthly basis.
(1) Use of the International Parking Symbol. All visitor-oriented parking facilities shall be furnished with a sign or signs, visible from each vehicular entrance, displaying the international parking symbol, displayed as a white letter “P” at least fourteen (14) inches in height, placed on a purple (PMS #2685) circular background, a minimum of twenty-two (22) inches in diameter. The design shall be in accordance with design standards adopted by the City Planning Commission. In the case of a free-standing sign, the parking symbol may project over a public sidewalk, extending no more than thirty (30) inches beyond the property line and maintaining a minimum vertical clearance of eight (8) feet. No other element of such sign may project over the public sidewalk.
(2) Design Standards. The City Planning Commission shall adopt and disseminate design standards which, through use of narrative materials and illustrations, describe and depict signs which conform to the requirements of this section applicable to signs for visitor-oriented parking facilities. The standards shall also provide supplemental information on such design elements as color, materials, illumination, methods of attachment, border areas, positioning of information items, etc.
(3) Approval Process. The Director of the City Planning Commission shall determine whether a proposed sign for a visitor-oriented parking facility meets the requirements of this section and the adopted design standards, and shall approve or disapprove each application on that basis. In the case of a proposed sign which does not meet the requirements of this section, the City Planning Commission may approve the sign if it determines that such sign meets the standards of division (e)(7) of this section.
(4) Comprehensive Sign Systems for Large- Scale Facilities. In the case of a large-scale complex of facilities served by a network of parking lots or garages under common management, the City Planning Commission may approve signs which differ from the standards established in this section as necessary to create a uniform series of signs which identify parking facilities serving such complex.
(5) Replacement of Nonconforming Signs. For parking signs installed prior to the initial effective date of this ordinance, any such signs which do not conform to the applicable regulations of this section shall be replaced by conforming signs in accordance with the following schedule, except as provided in division (e)(6) of this section.
A. For parking facilities located within the Downtown Core and Downtown Lakefront Parking Districts, as established in Section 457.035, and for parking facilities located in the area directly north of the Downtown Lakefront Parking District, all nonconforming signs shall be replaced or removed by August 1, 1997, except that any nonconforming sign installed pursuant to a Building Permit issued between June 1, 1991 and May 31, 1996, shall be replaced or removed by August 1, 1998.
B. For parking facilities located within the Gateway, Warehouse, Erieview, and Flats Parking Districts, as established in Section 457.035, all nonconforming signs shall be replaced or removed by August 1, 1998.
C. For parking facilities located within the remainder of the City, all nonconforming signs shall be replaced or removed by August 1, 1999.
(6) Retention of Nonconforming Signs. With respect to signs whose replacement is required under the provisions of division (e)(5), any owner wishing to retain such sign shall submit a written request to the City Planning Commission no later than six (6) months prior to the date on which replacement is required. Such application shall include the address of the parking place, a sketch showing the sign’s dimensions and its approximate location on the property, and color photographs of the sign. The City Planning Commission shall, within two (2) months of receipt, approve retention of the sign if it determines that such sign meets the standards of division (e)(7) of this section.
(7) Standards for Approval of Nonconforming Signs. With respect to an application for the installation or retention of a sign which does not conform to the regulations of this section, the City Planning Commission shall approve such application if it determines that the sign, either alone or in combination with other signs, provides information which is sufficient to fulfill the stated purposes of this section, and that the sign meets the following standards, as applicable:
A. The sign is attached to the wall of a building and is better suited to the design of such building than a conforming sign would be; or
B. The sign meets a higher standard of design quality than would result from minimal conformance to the standards of this section; or
C. The sign has been designed so that it is more appropriate to its environs or the uses which it serves than a conforming sign would be; or
D. The sign is part of a comprehensive signage system for a large-scale complex of facilities, and such system meets the standards of division (e)(4); and
E. In the case of a new sign, the deviation from the otherwise applicable regulations of this section is the minimum necessary to meet one (1) or more of the special standards established for approval of nonconforming signs.
(f) Application. Plans for installation of signs regulated in this section shall be submitted to the City Planning Director either prior to or concurrently with submission of any required Building Permit application. The plans shall be sufficient to demonstrate compliance with all regulations of this section and with the design standards adopted by the City Planning Commission pursuant to the provisions of this section. No signs regulated in this section shall be installed before approval by the City Planning Director and issuance of any required Building Permit.
(Ord. No. 832-96. Passed 6-18-96, eff. 6-26-96)
At the time of accepting a motor vehicle for storage or parking in a parking place, the person operating the same, his or her agent, servant or employee, shall furnish to such person parking his or her motor vehicle a distinctive check which shall be numbered to correspond to a coupon placed upon such motor vehicle, which coupon shall be in the form approved by the Commissioner of Assessments and Licenses.
The above provision as to claim checks shall not apply where cars are stored in a non-attended parking lot controlled either by an automatic gate device or by a coin meter, or where cars are stored on a weekly or monthly fee basis or some memorandum in writing is given to the person storing his or her car stating the weekly or monthly arrangement and showing the name and address of the operator of the storage or parking place.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) No operator of a parking place shall make any charge for storing a motor vehicle in excess of the rates set forth on the sign erected on the premises as required by Section 457.04.
(b) For at least two (2) weekdays prior to the effective date of an increase in hourly or daily rates, and for at least five (5) weekdays prior to the effective date of an increase in monthly parking rates, the operator of a parking place which requires payment upon exiting shall post the change of rates and the date on which the change of rates is to take effect on a sign conforming to the size requirements of Section 457.04 and placed so that the information is clearly visible from each customer entrance to the parking place or from each place of payment.
(c) However, nothing herein contained shall be deemed to prevent the operator of any parking lot from charging a rate in case of special events different from that ordinarily charged, if such operator has placed over that portion of the sign indicating such the usual rate for parking a sign bearing the following legend: “SPECIAL EVENT PARKING,” and indicating the increased rate in lettering at least twice as large as the lettering of the usual rate indicated on such sign.
(Ord. No. 2603-91. Passed 8-19-92, eff. 8-27-92)
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)
The Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, and assignable by the permittee with consent of the Director of Capital Projects, to an operator of a parking lot within any of the following listed downtown block faces, to construct, maintain, and use fencing and landscaping providing the visual screen and vehicular barrier required by Section 457.07 of the Codified Ordinances, which will encroach into the public right- of-way:
Side of Street
|
Street Name | Street Segment |
Side of Street
|
Street Name | Street Segment |
West | West 9th | Main Avenue to St. Clair |
East | West 9th | Lakeside to St. Clair |
West | West 6th | Lakeside to Superior |
East | West 6th | Lakeside to Superior |
West | West 3rd | Lakeside to Superior |
East | West 3rd | Lakeside to Superior |
East | East 6th | St. Clair to Superior |
West | East 12th | St. Clair to Rockwell |
East | East 12th | Lakeside to Rockwell |
North | St. Clair | West 9th to West Mall Dr |
South | St. Clair | West 9th to Ontario |
South | St. Clair | East 6th to East 9th |
North | St. Clair | East 13th to East 18th |
South | St. Clair | East 13th to East 18th |
North | Superior | East 13th to East 18th |
South | Superior | East 13th to East 18th |
South | Huron | East 6th (alley) to East 9th |
(a) Any fencing or landscaping placed within the public right-of-way as aforesaid, shall be constructed under plans and specifications approved by both the Manager of Engineering and Construction and the City Planning Commission, each to the extent of its respective jurisdiction under other sections of the Codified Ordinances.
(b) Each permit authorized by this section shall be prepared by the Director of Law, shall require the permittee to pay any taxes, assessments or other costs resulting from the construction, maintenance, and use authorized by the permit, and shall be issued only when, in the opinion of the Director of Law, the City of Cleveland has been properly indemnified against any loss, including taxes, assessments, and other costs, resulting from the encroachment permitted.
(c) A permit authorized by this section shall be issued only in accordance with the provisions of division (c) of Section 457.07 regarding actions necessary to avoid a loss of existing parking spaces.
(Ord. No. 1330-A-10. Passed 12-6-10, eff. 12-6-10)
(a) Each operator of a parking place shall keep the sidewalk surrounding the parking place free from dirt, ice, sleet and snow and shall keep the sidewalk and driveways in a safe condition for the travel of pedestrians.
(b) The loading or unloading of passengers or drivers across or upon a public sidewalk is expressly prohibited and any operator or employee who by receiving or delivering motor vehicles other than within the space provided by such place, aids or assists in blocking any sidewalk or street shall be deemed to have violated the provisions of this section.
(c) In outdoor parking lots the operator shall at all times be required to keep the lot in good order and condition and free from nuisance, and if the lot is not a hard surface, to take the necessary precautions to prevent the raising of dust and dirt by the movement of cars thereon.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
As a condition of the issuance or renewal of an annual license, all parking lots and garages subject to the provisions of this chapter shall provide spaces for bicycle parking in accordance with the following regulations.
(a) Purpose. The requirements for bicycle parking are established for the purpose of ensuring adequate and safe facilities to accommodate bicycle parking and to encourage use of bicycles for travel as an alternative to use of motorized vehicles.
(b) Time of Compliance. For applicable parking lots and garages that were licensed prior to the initial effective date of this section, required bicycle parking spaces shall be provided no later than two (2) years after the initial effective date of this section. For other applicable parking lots and garages, required bicycle parking spaces shall be provided prior to the issuance of a license.
(c) Number of Bicycle Parking Spaces. Bicycle parking spaces shall be provided at a rate of one (1) bicycle parking space for each twenty (20) automobile spaces provided. However, no automobile parking lot or garage shall be required to provide more than twenty-four (24) bicycle parking spaces.
(d) Substitution for Automobile Spaces. The total number of automobile off-street parking spaces required under the Zoning Code shall be reduced at the ratio of one (1) automobile off-street parking space for each six (6) bicycle spaces provided. The total number of required automobile off-street parking spaces, however, shall not be reduced by more than five percent (5%) for any parking lot or garage.
(e) Bicycle Parking Space Size. Required bicycle parking spaces for nonresidential uses must have minimum dimensions of two (2) feet in width by six (6) feet in length.
(f) Bicycle Parking Space Location. Required bicycle parking spaces shall be located at least as close to the entrance of the building as the nearest non-handicapped automobile parking space. Where automobile parking is provided in an enclosed area, bicycle parking shall be provided within the enclosure or in such a way as to provide comparable protection from the elements.
(g) Bicycle Racks and Lockers. Each required bicycle parking space shall be equipped with a bicycle rack or "bicycle locker", as defined in this section.
(1) Design. Bicycle racks and lockers must be securely anchored to the ground or a building. Bicycle racks must provide a stable frame to which the bicycle may be conveniently secured, such as the inverted-U, post and loop, or another type of rack that meets these standards. Bicycle racks that support the wheel but not the frame of the bike may not be used to fulfill a bicycle parking requirement. In parking lots and parking garages, physical barriers, such as posts or bollards, shall be provided so as to prevent a motor vehicle from striking a parked bicycle.
(2) Residential Uses. Neither bicycle racks nor bicycle lockers are required for bicycle parking associated with residential uses. Required bicycle parking for residential uses may be provided in garages, storage rooms, or any other resident-accessible, secure areas.
(h) Bike Locker. As used in this section, "bike locker" means a locker or storage space large enough to house a single bicycle and which may be secured and accessed by a single user.
(i) Alternate Locations and Number of Spaces. For public parking garages and parking lots legally established prior to June 9, 2008, the Director of the City Planning Commission may approve locations other that the garage or lot for the required bicycle parking spaces or less than the required number of bicycle parking spaces if the Director determines that, under the following circumstances, alternate locations or number of bicycle parking spaces would better meet the stated purpose of this section:
(1) A single entity controls multiple parking garages or parking lots that serve the same business or use;
(2) The aggregate number of bicycle parking spaces for the multiple parking garages or parking lots that serve the same business or use will meet or exceed the bicycle parking requirements under this section;
(3) A location on another property or in the public right-of-way represents the only feasible means to meet the requirement for bicycle parking spaces. A location in the public right-of-way shall be permitted only if such location meets all requirements for issuance of an encroachment permit.
(Ord. No. 539-16. Passed 5-16-16, eff. 5-18-16)
In case of refusal to issue a license or of revocation or suspension of a license by the Commissioner of Assessments and Licenses, the applicant or licensee may appeal from such order to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and filed with the Board within ten (10) days after the making of such order. The Board shall fix a time of hearing for such appeal not later than ten (10) days after the filing of such notice, at which hearing all parties interested shall be afforded an opportunity to be heard. Such Board shall approve, modify or annul such order from which the appeal has been perfected. Such opinion of the Board shall be final on all parties thereto. If the Director of the City Planning Commission has not notified the Commissioner of Assessments and Licenses of his or her determination within the required sixty (60) day period, the applicant may appeal to the Board of Zoning Appeals for a determination.
(Ord. No. 522-08. Passed 6-9-08, eff. 6-16-08)
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