DESIGN REVIEW

Codified Ordinances of Cleveland pt. THREE, pt. IIIB, tit. VII, ch. 341

in effect

Codified Ordinances of Cleveland § 341.01 Purpose

§ 341.01 Purpose Design Review requirements and districts are established to ensure appropriate design of buildings and properties in furtherance of the following objectives: (a) To protect property values and to preserve and enhance the character of existing neighborhoods and development; (b) To promote economic activity and increase municipal revenues; (c) To enhance the visual image of Cleveland and its neighborhoods and downtown; (d) To preserve the community’s architectural assets; and (e) To protect the environment and facilitate healthy living. (Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)

Codified Ordinances of Cleveland § 341.02 Applicability (effective 3-15-24)

§ 341.02 Applicability (effective 3-15-24) No Building Permit shall be issued by the City without design approval by the City Planning Commission, or its Director, for development projects that meet the following criteria for applicability, except that such approval shall not apply to structures that are designated as Landmarks or are located in Landmark Districts, for which design approval shall be the responsibility of the Landmarks Commission. (a) Design Review Districts. New construction of and applicable exterior alterations to buildings and structures located in designated Design Review Districts. (b) New Residential Development. New construction of residential buildings, including any new building for which residential use and associated accessory garage parking occupy at least fifty percent (50%) of the building. (c) New Retail, Office and Institutional Development. New construction of buildings for "retail business, office and institutional uses," as defined in this chapter, including any new building for which such uses and associated accessory garage parking occupy at least fifty percent (50%) of the building. (d) Public Properties. New construction of and applicable exterior alterations to buildings and structures owned by local, county, state or federal government or by any other governmental agency, including regulated public utilities. (e) Planned Unit Development (PUD) Districts. New construction of buildings and structures located in designated Planned Unit Development (PUD) Districts. (f) Transit Oriented Development Projects. Any land use development, including new construction, that changes or expands the use(s) on a parcel of land entirely or partially within the Transit Oriented Development Zone, as defined in Section 301.02 of these Codified Ordinances. (Ord. No. 801-2023. Passed 8-16-23, eff. 3-15-24)

Codified Ordinances of Cleveland § 341.03 Definitions

§ 341.03 Definitions For the purposes of this chapter, the following terms shall have the meaning given in the succeeding sections: (a) Retail Business, Office and Institutional Uses. Any non-residential use permitted in a General Retail Business District. (b) Applicable Exterior Alterations. Alterations to the exterior of a building or structure that result in a change in appearance that is visible from public streets or adjoining properties, including demolition, but excluding repair or replacement of worn or damaged materials with materials of the same design and color. (c) Director. The Director of a specified City Department or his or her designee. (Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)

Codified Ordinances of Cleveland § 341.04 Design Review Districts

§ 341.04 Design Review Districts Design Review Districts shall be established in accordance with the following provisions: (a) Designation Criteria. A geographic area designated as a Design Review District shall be at least three (3) acres in size and shall be characterized by development or development opportunity for which improved design can be expected to significantly contribute to achieving one (1) or more of the objectives of this chapter. The district may be composed of one (1) or more noncontiguous geographic areas, each of which must be at least three (3) acres in size. (b) Designation Process. Design Review Districts shall be designated and amended in accordance with the procedures for amending the Zoning Map as set forth in Chapter 333 of the Zoning Code. (c) Mapping and Applicability. Design Review Districts shall be shown on the Zoning Map of the City of Cleveland as “overlay districts” to be applied in conjunction with the “underlying” zoning district. Provisions of the underlying district shall remain in effect except where inconsistent with the provisions of the Design Review District. (d) District Name. The City Planning Commission shall assign each Design Review District a name reflective of the neighborhood or other geographic area in which the District is located. (e) Previously Designated Districts. All Public Land Protective Districts, Business Revitalization Districts, and the University Circle Design District, to the extent that such districts existed on the effective date of this ordinance, shall become Design Review Districts subject to the regulations of this chapter on the effective date of this ordinance. Those districts shall be shown on the City’s Zoning Map as “Design Review Districts” on the effective date of this ordinance. (Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)

Codified Ordinances of Cleveland § 341.05 Administrative Procedures

§ 341.05 Administrative Procedures The following procedures are established to govern the processing of applications for Building Permits subject to the regulations of this chapter. (a) Contents of Application. In addition to meeting application requirements established in the Building Code and Zoning Code for Building Permit applications, applications governed by the provisions of this chapter shall include the following elements. (1) Color photographs showing the subject property in the context of adjoining properties within two hundred fifty (250) lineal feet on either side of the subject property. (2) Architectural drawings including elevation drawings and site plans for the construction or exterior alterations proposed, indicating design materials, colors, illumination, sign placement, and landscaping. (3) In the case of a proposed demolition, a plan showing the proposed re-use of the property, including both interim and long-term reuse plans, if appropriate. (4) Information indicating project elements that contribute to an environmentally sustainable development. (5) A Tree Preservation Plan, if required, pursuant to this chapter. (6) Other materials listed in guides that may be prepared by the staff of the City Planning Commission and provided to applicants. (b) Determination of Applicability and Transmittal to City Planning Director. Upon receipt of an application for a Building Permit, the Director of Building and Housing shall use the standards of Section 341.02 to determine whether the proposed action is governed by the provisions of this chapter. If it is determined that the action is governed by these provisions, the Director of Building and Housing shall promptly transmit the application to the Director of the City Planning Commission. (c) Transmittal to Local Design Review Advisory Committee. Upon receipt of a complete application, the City Planning Director shall promptly transmit the application for review and recommendation by the Local Design Review Advisory Committee, as established in Section 341.06. Other required City reviews may be conducted concurrently, as appropriate. In the case of an application for an action that the City Planning Director deems to have no significant impact on the design or appearance of the property, the Director may approve the application administratively without referral to the Local Design Review Advisory Committee. (d) Standards for Review. An application received pursuant to the provisions of this chapter shall be reviewed in accordance with the design guidelines of Section 341.07 and any supplemental guidelines adopted by the City Planning Commission for a particular district. A Tree Preservation Plan received pursuant to this chapter shall be reviewed by the Commissioner of Urban Forestry in accordance with Section 341.051. (e) Local Design Review Committee Meeting and Action. (1) Meeting. The City Planning Director shall inform the applicant of the time and location of the Local Design Review Advisory Committee meeting at which the application will be considered. That consideration shall take place at the next regularly scheduled meeting of the Committee occurring at least five (5) days after acceptance of a complete application by the City Planning Director. (2) Action. The Local Design Review Advisory Committee shall recommend either approval, approval with modifications or conditions, or disapproval of the application. The Committee may choose to postpone action in order to permit the applicant to prepare revisions if the applicant agrees to such postponement. If the applicant does not agree to a postponement, the Committee shall take action on the application at the meeting. The Committee shall provide a written record of its recommendation to the City Planning Commission. (f) City Planning Commission Meeting and Action. After action by the Local Design Review Advisory Committee, or a failure to act at a meeting in accordance with the requirements of this section, the City Planning Director shall inform the applicant of the time and location of the City Planning Commission meeting at which the application will be considered. The City Planning Commission shall either approve or disapprove the application or approve the application with modifications or conditions. The Commission may choose to postpone action in order to permit the applicant to prepare revisions if the applicant agrees to such postponement. The Commission shall take action no later than forty-five (45) days after acceptance of a complete application by the City Planning Director unless the applicant has agreed to one (1) or more postponements, including agreed postponements in the Local Design Review Committee process. (g) Administrative Approval. Pursuant to the “Rules of the City Planning Commission” regarding administrative approvals, the City Planning Director is authorized to act on behalf of the Commission in approving applications recommended for approval by the Local Design Review Advisory Committee and for applications that meet the standard stated in division (c) of this section. Use of the administrative approval procedure is not authorized in the case of applications for demolition or moving of buildings, other than for buildings that are deemed to be minor accessory structures. Generally, applications for development of new commercial or institutional buildings and for residential developments involving six (6) or more units shall not be approved without referral to the Local Design Review Advisory Committee and the City Planning Commission. (h) Exemptions. No referral to the City Planning Commission or a Local Design Review Advisory Committee shall be required for projects approved under the City’s Storefront Renovation Program. Such projects may be approved by the action of the City Planning Director subsequent to approval under the Storefront Renovation Program. (Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. 377-24. Adopted 8-7-24)

Codified Ordinances of Cleveland § 341.06 Local Design Review Advisory Committees

§ 341.06 Local Design Review Advisory Committees The City Planning Commission shall establish Local Design Review Advisory Committees to advise the Commission on applications received pursuant to the regulations of this chapter. The following provisions shall govern the establishment and operation of each such committee: (a) Appointment of Members. The City Planning Commission shall appoint the members of each Local Design Review Advisory Committee. In making these appointments, the City Planning Commission shall solicit nominations from Community Development Corporations operating within each committee’s geographic area of jurisdiction and the Council members representing each such area. Each Advisory Committee shall be composed of not less than five (5) and not more than eleven (11) members, except that the City Planning Commission may increase membership on a particular committee if necessary to incorporate relevant perspectives and areas of expertise. A maximum of three (3) alternate members may be appointed to each committee. The alternate members may vote in place of members not in attendance at a particular meeting, as determined by the Committee’s chairperson. (b) Committee Composition. A majority of the members appointed to each Advisory Committee shall be architects or other recognized design professionals, with the remaining members representing businesses or other organizations with operations in the local area or being residents of the local area. The term “recognized design professionals” shall refer to individuals with documented expertise in such fields as architecture, landscape architecture, urban design, graphic design, or historic preservation. (c) Committee Jurisdiction and Name. Each Local Design Review Advisory Committee shall review applications received pursuant to this chapter for properties located within the boundaries of its area of jurisdiction, as established by the City Planning Commission. All areas of the City shall be included in the jurisdiction of an Advisory Committee. The City Planning Director shall assign each Local Design Review Advisory Committee a name identified with the area of the City served by the Committee. (d) Term of Appointment. Each Advisory Committee member shall be appointed for an initial term of one (1) year and thereafter for a term of two (2) years. After expiration of the initial one (1) year term, an individual’s membership shall continue until the City Planning Commission takes action to replace the member with a new appointment or until the member resigns. The City Planning Commission shall replace members whose attendance is poor or who fail to act in accordance with the regulations of this chapter. (e) Quorum and Voting. A majority of the Advisory Committee’s membership shall constitute a quorum, without which no votes may be taken. Approval of an application shall require the affirmative vote of a majority of the members present at a meeting. (f) Meetings and Records. The Advisory Committee shall meet at least twice monthly unless there is no business to conduct. The staff representative of the City Planning Commission shall be designated as the Advisory Committee’s Secretary and shall be responsible for prompt preparation of minutes, which shall be retained by the City Planning Commission. (Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)

Codified Ordinances of Cleveland § 341.07 Design Guidelines

§ 341.07 Design Guidelines In reviewing applications subject to provisions of this chapter, the Local Design Review Advisory Committee and the City Planning Commission shall follow the design guidelines set forth in the succeeding sections as well as any supplemental design guidelines adopted by Commission for a particular district. (a) Design Compatibility. Alterations, additions and new development shall be compatible in scale, material, color, placement and character with the design of the subject property as well as the design of properties that are representative of the area’s most valued architectural and environmental qualities. In evaluating compatibility, consideration shall also be given to the value of diversity and individuality in design. (b) Contemporary Design. All buildings are recognized as products of their own time. Alterations, additions and new developments which have no historical basis and which seek to create an appearance characteristic of an earlier time are not required. Conversely, compatible contemporary design is encouraged except where such design would clearly detract from the architectural unity of a grouping of architecturally significant structures. (c) Preservation of Features. The distinguishing original qualities of a property should not be diminished through alteration or removal of distinctive architectural features. (d) Replacement of Features. In the event that replacement of significant architectural features is necessary, the new material should closely match the original material in composition, design, color, texture and all other visual qualities. (e) Cleaning. The cleaning of exterior wall surfaces should be undertaken by the gentlest means possible. Sandblasting and other cleaning methods that will damage facing materials and architectural features shall not be undertaken. (f) Fences and Other Accessory Structures. Fences, walkways, lighting, benches, landscaping and other accessory structures should be compatible in design with adjoining buildings and with the most valued aspects of an area’s character. Use of chain-link fences along street frontages is discouraged unless otherwise specified in guidelines for a district. (g) Parking Lots. Use of evergreen shrubbery and trees in combination with low ornamental fences is encouraged in screening parking lots from streets. Use of curbed, planted islands is encouraged to provide visual relief in large parking areas and to control traffic circulation. For districts characterized by buildings set along the street line, parking lots shall be located behind buildings whenever possible, with entrances located off of adjoining side streets. (h) Sustainability. Buildings and properties should be designed and constructed to minimize energy consumption and to promote conservation of materials and natural resources. (i) Signs. In addition to meeting Zoning Code and Building Code requirements for signs in applicable zoning districts, signs subject to approval under the provisions of this chapter shall also meet the following design guidelines. In the case of a conflict between these regulations and the Zoning Code regulations, these regulations prevail. (1) Placement. Wall signs should be designed to fit within the architectural space intended for signage and should not cover distinctive architectural features. (2) Compatibility. Signs to be seen as a series should be designed with compatibility in terms of location, size, shape, style, material, illumination and color. As a general rule, uniformity should be maintained in certain characteristics while other characteristics are varied to permit individual expression and identification. (3) Color. The colors of a sign should complement the color of the building facade to which the sign relates. If a raceway or similar device is used for attachment of a sign’s letters or characters, the color of the raceway should match the color of the wall surface. (4) Lettering and Symbols. The lettering and symbols on a sign should be large enough to be easily read but not overly large or out of scale with the building on which the sign is displayed. An excessive amount of information on signs, creating an image of visual clutter, should be avoided. Use of distinctive symbols or logos on signs is encouraged. (5) Projecting Signs. Where permitted, projecting signs should be no larger than necessary for readability by nearby pedestrians and should contain no internal illumination other than in use of exposed neon and similar treatments. Spacing between projecting signs should be sufficient to prevent an image of clutter. (6) Wall Signs. For signs mounted flat against the wall of a building, use of individual letters or characters is preferable to use of panel or cabinet signs in instances where individual letters or characters are less likely to detract from a building’s architectural character. Such letters or characters should be attached in a manner that will minimize damage to the wall surface after removal. For buildings lacking appropriately designed wall space for placement of a sign, consideration should be given to use of a projecting sign, window sign or canopy sign as an alternative to a wall sign. (7) Billboards. Billboards or “advertising signs”, as defined in Section 325.64(b) of the Zoning Code, shall not be permitted in any Design Review District. (8) Design Exceptions. In accordance with standards of Section 350.16 of the Zoning Code, the City Planning Commission, may vary the sign regulations of Chapter 350 as necessary to permit signs that are better suited to the design of the subject property or nearby properties of architectural or historic significance. (Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)

Codified Ordinances of Cleveland § 341.08 Demolition and Moving

§ 341.08 Demolition and Moving For applications proposing the demolition or moving of a building in a Design Review District, other than for emergency demolition activities ordered by the Director of the Building and Housing to remedy conditions that pose immediate danger to human life or health, the following provisions shall apply: (a) Criteria for Action. In considering a request to demolish or move a building or other structure located within a Design Review District, the City Planning Commission and its Local Design Review Advisory Committee shall consider the following factors in making its decision to approve or disapprove the request: (1) The architectural and historic significance of the subject building or structure; (2) The significance of the building or structure in contributing to the architectural or historic character of its environs; (3) In the case of a request to move a building or other structure, the relationship between the location of the subject building or structure and its overall significance; (4) The present and potential economic viability of the subject building or structure, given its physical condition and marketability; (5) The presence of conditions on the subject property that are dangerous or are detrimental to the immediate area and cannot be reasonably remedied other than by the proposed demolition; (6) The degree to which the applicant proposes to salvage and facilitate re-use of structures proposed for demolition; and (7) The design quality and significance and the appropriateness of the proposed re-use of the property. (b) Nature of Action. The City Planning Commission may delay action, for a period of not more than six (6) months, on the demolition or moving of a building in order to allow economic viability studies to be conducted, as well as to allow interested parties the opportunity to explore alternatives to the proposed action. At the end of such period, the Commission shall either approve or disapprove the request to demolish or move, or may choose to delay action for a second and final period of not more than six (6) months if the Commission determines that this additional time period may be useful in securing an alternative to the proposed demolition or moving. At the end of such second and final period, the Commission shall either approve or disapprove the request. (Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)

Codified Ordinances of Cleveland § 341.023 University Circle Design District (UCDD)

§ 341.023 University Circle Design District (UCDD) (a) Purpose and Establishment. The University Circle Design District (UCDD) is established as a Public Land Protective District to safeguard public and community investments in the institutions and parks of the University Circle area, while promoting development of well-designed commercial, residential, and institutional uses in the district. Review and oversight of the character, design, and placement of buildings, structures, roadways, and open spaces, as required for properties located within the district, is fundamental to fostering positive growth and social welfare of the community and is critical to ensuring development of a premiere urban district in University Circle. (b) Boundaries and Mapping. The boundaries of the UCDD shall be established and amended by ordinance of City Council and shall be shown on the Zoning Map of the City of Cleveland as an overlay district, supplementing the underlying zoning districts. (c) Administration. Building Permit applications for properties located within the UCDD shall be reviewed and approved in accordance with the regulations of this chapter pertaining to Public Land Protective Districts. The University Circle Design Review Advisory Committee shall review building permit applications in meetings that are open to the pubic and shall make recommendations to the Commission. In making its recommendations to the Commission, the Advisory Committee shall consider any recommendations provided by the University Circle Architectural Review Board and other organizations and individuals offering comment. (d) Advisory Committee. The University Circle Design Review Advisory Committee shall be composed of at least seven (7) and no more than nine (9) voting members appointed by the City Planning Commission. A majority of the members shall be design professionals with expertise in architecture, landscape architecture, historic preservation, urban planning, public art, or graphic design. Members who are not design professionals shall be representatives of organizations or businesses in the District or residents of the District. The City Planning Commission shall appoint those members who are not design professionals from nominations made to the Commission by the City Council members representing wards that are located in whole or in part within the boundaries of the District. The Advisory Committee shall hold at least two (2) regularly scheduled meetings each month, unless there is no business to conduct. A majority of the Advisory Committee’s membership shall constitute a quorum, without which no votes may be taken. Any recommendation regarding an application shall require the affirmative vote of a majority of the members present. (e) Approvals. Applications subject to the provisions of the UCDD shall be approved by the City Planning Commission or by its Director acting on behalf of the Commission, pursuant to rules established by the Commission. Within thirty (30) days of receipt of a complete application by the City Planning Commission office, the University Circle Design Review Advisory Committee shall recommend approval, approval with conditions, or disapproval of the application, unless the applicant agrees to an extension. Within thirty (30) days of action by the Advisory Committee, or expiration of its action period, the City Planning Commission or its Director shall approve, approve with conditions, or disapprove the application, unless the applicant agrees to an extension. (Ord. No. 1766-06. Passed 12-11-06, eff. 12-15-06)

Codified Ordinances of Cleveland § 341.051 Tree Preservation Plan Required

§ 341.051 Tree Preservation Plan Required (a) For any development project that meets the criteria of Section 341.02 (“development project”) and is situated on one (1) or more acres of land, and for apartment, townhome or condominium projects of four (4) or more units situated on any size parcel of land, a Tree Preservation Plan shall be submitted as part of the Building Permit application. The Tree Preservation Plan shall be approved by the Commissioner of Urban Forestry (“Commissioner”) or a designee before a Building Permit is issued. A Tree Preservation Plan is not required for single-family dwellings, two-family dwellings, and three-family dwellings or for any person, firm, or corporation demolishing a building or structure pursuant to a valid demolition permit issued under Chapter 3115 of this Code. (b) The Tree Preservation Plan shall include: (1) the location, botanical name, dimension at breast height (DBH), and vertical height of all existing trees on the property; (2) the intent to preserve, relocate, or replace each tree; (3) measures to be taken to protect new and mature trees during construction, and to protect roots and soil during construction, following Best Management Standards and ANSI Standards for Arboriculture, as may be amended from time to time; and (4) any other information the Commissioner or a designee requires to determine compliance with this chapter. The Tree Preservation Plan shall be adhered to during all phases of construction on any development project for which a Tree Preservation Plan is required. (c) The Commissioner or designee shall review all Tree Preservation Plans and notify the City Planning Director of approval or disapproval within thirty (30) business days of submittal of the Tree Preservation Plan. When a plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant. The notice shall specify the modifications, terms and conditions that are necessary for approval of the plan. The Commissioner or designee may make periodic inspections of trees within the development site to ensure compliance with this chapter. If the Commissioner does not approve or disapprove the Tree Preservation Plan within thirty (30) business days of its submittal, the Tree Preservation Plan is deemed approved. (Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)

Codified Ordinances of Cleveland § 341.052 Tree Preservation General Requirements

§ 341.052 Tree Preservation General Requirements The following are basic provisions for the preservation of private and public trees during construction of development projects on one (1) or more acres of land, for apartment, townhome or condominium projects of four (4) or more units situated on any size parcel of land, and for protecting public trees under Section 509.14. (a) All trees with a DBH of over six (6) inches shall be preserved, maintained and protected during construction, a tree's roots shall be protected, and the size of the Tree Protection Zone shall be, in accordance with Best Management Standards and ANSI Standards for Arboriculture, as may be amended from time to time. (b) Trees on the property shall not be removed without prior written approval from the Commissioner of Urban Forestry (“Commissioner”) or a designee and only if one (1) or more of the following situations apply: (1) The tree poses a risk. To verify that a risk exists, the City may require a tree risk assessment be performed by the Commissioner or designee or an International Society of Arboriculture (ISA) Certified Arborist with the ISA qualification. (2) The tree is planted too close to an existing structure, such that it is either damaging or has the clear potential to damage the structure. (3) The tree inhibits an infrastructure repair due to its proximity to the needed infrastructure repair. Trees should not be removed simply because a sidewalk is raised or cracked, unless it is determined that removal of the tree is necessary for the sidewalk repair. (4) The tree has structural defects (e.g., split trunk, poor branch attachments), is damaged to the point that it cannot recover and grow properly, or that it will grow in a misshapen or unsightly manner that could result in failure. (5) The tree is infested with an epidemic insect or disease where the recommended control is not applicable and removal is necessary to prevent transmission of the insect or disease to other trees. The City may require this condition to be verified by the Commissioner or designee or an ISA-Certified Arborist. (6) The Commissioner or a designee determines that the removal of the tree is necessary to carry out construction in compliance with approved plans. (c) A person, firm or corporation may appeal the decision whether to remove a tree under division (b) to the Commissioner within ten (10) business days of the date of the notice of the decision. The Commissioner shall have jurisdiction to affirm, reverse or modify the decision and shall do so within ten (10) days of the date of the appeal. A person aggrieved by a final decision of the Commissioner may further appeal to the Board of Zoning Appeals within thirty (30) days after the Commissioner’s decision. (d) A tree that is removed shall be replaced with a tree of appropriate species as selected by the Commissioner or designee and in a location where it will grow to replace the removed tree without posing the risks for which the tree was removed. Instead of replacing a tree removed pursuant to this section, a developer may pay the City the value of the tree as established using the Trunk Formula Method outlined in The Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers, as may be amended from time to time, or other tree replacement analysis provided by similar publication. All funds collected pursuant to this division shall be deposited in the Tree Preservation Fund established under Chapter 509 of the Codified Ordinances. (Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)

Codified Ordinances of Cleveland § 341.053 Civil Penalties for Damaged Trees or Trees Removed Without Approval

§ 341.053 Civil Penalties for Damaged Trees or Trees Removed Without Approval (a) Any person, firm, or corporation required to submit a Tree Preservation Plan that damages a tree located in the development site, due to the failure to properly protect or maintain the tree during construction pursuant to Section 341.052, whether by negligence or otherwise, shall be charged one thousand dollars ($1,000.00) per area of damage to the above ground portion of the tree. If the damage can be repaired or reduced following Best Management Standards and ANSI Standards for Arboriculture, as may be amended from time to time, the party responsible for the damage shall hire an ISA-Certified Arborist to repair or reduce the damage at the cost of the responsible party. If the damage to the tree is adequately repaired by the ISA-Certified Arborist, in the discretion of the Commissioner of Urban Forestry (“Commissioner”) or designee, the Commissioner may waive the civil fine. (b) Any person, firm, or corporation required to submit a Tree Preservation Plan that harms a tree within the development site by failing to properly protect the roots in violation of Section 341.052 or division (e) of Section 352.05, such that an ISA-Certified Arborist believes the tree will fall or decline and die within two (2) calendar years of the date of completion of construction, shall be charged the full value of the tree as established using the Trunk Formula Method outlined in The Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers, as may be amended from time to time, or other tree replacement analysis provided by similar publication. (c) Any person, firm or corporation required to submit a Tree Preservation Plan that removes any tree located in the development site in violation of Section 341.052, shall be charged a civil fine of one thousand dollars ($1,000.00) for each tree removed in addition to the full cost of any removed tree based on the replacement cost of the tree as established using the Trunk Formula Method outlined in The Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers, as may be amended from time to time, or other tree replacement analysis provided by similar publication. (d) The Commissioner or a designee shall have the authority to charge the civil fines set forth in this section. All civil fines and costs collected pursuant to this section shall be deposited in the Tree Preservation Fund established under Chapter 509 of the Codified Ordinances. (e) A person, firm or corporation required to submit a Tree Preservation Plan that receives a civil fine under this section may appeal to the Commissioner within ten (10) business days of the date of the notice of the civil fine. The Commissioner shall have jurisdiction to affirm, reverse, or modify the decision and shall do so within ten (10) days of the date of the appeal. A person aggrieved by a final decision of the Commissioner may further appeal to the Board of Zoning Appeals within thirty (30) days after the Commissioner’s decision. (Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-13679Fetched: 11/1/2026