§ 152.487 COMPLIANCE WITH SCREENING STANDARD.

   (A)   The table set forth in § 152.489, in conjunction with the explanations in § 152.487 concerning the types of screens, establishes screening requirements that presumptively satisfy the general standards established in § 152.486; however, this table is only intended to establish a presumption and should be flexibly administered in accordance with § 152.490.

   (B)   The numerical designations contained in the table of screening requirements (§ 152.489) are keyed to the table of permissible uses (§ 152.215), and the letter designations refer to types of screening as described in § 152.487. This table indicates the type of screening that is presumptively required between two uses. Where such screening is required, only one of the two adjoining uses is responsible for installing the screening. The use assigned this responsibility is referred to as the burdened use in the table of screening requirements (§ 152.489), and the other use is the benefitted use.

      (1)   To determine which of two adjoining uses is required to install the screening, find the use classification number of one of the adjoining uses in the burdened use column and follow that column across the page to its intersection with the use classification number in the benefitted use column that corresponds to the other adjoining use. If the intersecting square contains a letter, then begin the process again, starting this time in the burdened use column with the other adjoining use.

      (2)   To determine the type of screening that a new development must install, begin under the burdened use column with the use classification number of the proposed use and follow that line across the page to its intersection with the use classification number of each use that adjoins the property to be developed. For each intersection square that contains a letter, the developer must install the level of screening indicated.

   (C)   If, when the analysis described in division (B)(1) above is performed, the burdened use is an existing use but the required screening is not in place, then this lack of screening shall constitute a non-conforming situation subject to all the provisions of §§ 152.155 through 152.159.

   (D)   Notwithstanding any other provision of this subchapter, a two-family or multifamily development shall be required, at the time of construction, to install any screening that is required between it and adjacent existing uses according to the table of screening requirements (§ 152.489), regardless of whether, in relation to such other uses, the two-family or multifamily development is the benefitted use or burdened use.

(Ord. passed 12-20-2001) Penalty, see § 152.999