Loading...
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)
Whoever violates any of the provisions of Sections 457.01, 457.04 to 457.06, 457.08 or 457.09 shall be guilty of a minor misdemeanor and fined not more than one hundred dollars ($100.00). In addition to any other method of enforcement provided for in this chapter, these minor misdemeanors may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedures. Whoever violates any of the provisions of these sections, having previously been convicted of a violation of any of these sections within five (5) years, shall be guilty of a misdemeanor of the fourth degree.
(Ord. No. 2109-92. Passed 2-8-93, eff. 2-16-93)