Mentor City Zoning Code
CHAPTER 1161
Industrial and Commercial Districts
1161.01 SPECIAL PROVISIONS APPLICABLE TO INDUSTRIAL ZONES.
(a) Industrial Performance Standards. Every establishment desiring to locate and/or obtain an occupancy permit in the M-1 Light Industrial District, MIP Industrial Park or M-2 Heavy Industrial District shall submit evidence to the satisfaction of the Director of Planning that its activities comply with the criteria established in the Schedule of District Regulations and, furthermore, that the environmental impacts resulting from such activities shall not violate the following performance standards.
(1) Air pollution. Establishments emitting air pollutants affecting ambient air quality shall conform to all Ohio Environmental Protection (OEPA) regulations and show evidence of a current air permit.
(2) Water pollution. Establishments emitting solids, liquids, or other matter into or onto bodies of water or the ground shall comply with the regulation of OEPA and the Lake County Health Department.
(3) Vibration. No vibration shall be permitted which is discernible without instruments at the property line of the establishments creating such vibration or beyond any boundary of the district in which the establishment is located.
(4) Smoke, fly ash, dust, and dirt. No establishment shall exhaust or discharge into the air any quantity of fly ash, smoke, dust, dirt, or similar form of particulate matter except as permitted by the Air Pollution Standard of the OEPA.
(5) Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable beyond the property line of any establishment creating such odorous emission.
(6) Glare and exterior lighting. No direct glare from floodlights, high temperature processes such as combustion or welding, or from any other source shall be visible at the property line of any establishment.
(7) Solid and liquid wastes. No discharge of liquid or solid wastes into any public or private sewage system; lake, stream, ditch, or other body of water; floodway, swale, dry retention pond, or other intermittent facility for water storage or management; or onto or into the ground shall be permitted except as approved by permit granted by all agencies having jurisdiction.
(8) Heat. No establishment shall produce heated or cooled air, water or other matter in such quantity or in such manner as to adversely alter the natural temperature of the air, water, or other matter beyond the property line of the establishment.
(9) Radioactivity. No establishment shall produce, store, transfer, or use radioactive materials in any manner hazardous to human health.
(10) Electric or electronic disturbance. No establishment shall produce electrical or electronic disturbances perceptible beyond the property line of the establishment.
(11) Fire and explosion hazards. Materials and processes having potential for fire explosion hazards shall not be permitted in close proximity to residential areas where they constitute undue safety hazards. When permitted, such uses shall be controlled by the requirements of the Building Code, Fire Prevention Code and such other regulations as the City of Mentor shall adopt.
(12) Noise. Noise which is determined to be objectionable at the property line of the establishment creating such noise due to volume, frequency, or beat shall be prohibited. All uses shall comply with Chapter 531 of the General Offenses Code.
(13) Noxious gases or fumes. No establishment shall emit noxious gases or fumes, except as permitted by law or permit granted by all agencies having jurisdiction.
(14) Miscellaneous hazards. Miscellaneous hazards not specifically addressed by the performance standards established herein shall be made known to the Director of Planning by any establishment proposing to locate in an industrial district. Regulation of such hazards shall be as determined by the Planning Commission.
(15) Open testing procedures. Open testing procedures of conformance with all performance standards established herein.
(b) Where questions exist regarding compliance with these standards by a proposed industry, the Director of Planning may request a determination by the Planning Commission whose decision shall be final. (Ord. 20-O-075. Passed 12-1-20.)
1161.02 SCREENING BUFFERING REQUIRED IN INDUSTRIAL AND COMMERCIAL ZONES. (REPEALED)
(EDITOR’S NOTE: Former Section 1161.02 was repealed by Ordinance 09-0-24, passed May 19, 2009. See Chapter 1162 for relevant legislation.)
1161.03 TRADITIONAL RETAIL IN INDUSTRIAL ZONES.
Traditional retail may be permitted in the industrial zones, with the approval of the Planning Commission via the issuance of a conditional use permit and provided further that such use is an integral part of and accessory to the main use.
Prior to the approval of any such use by the Planning Commission, it shall be the responsibility of the applicant to establish by clear and convincing evidence that the proposed traditional retail use meets the requirements of this section.
Under no circumstances shall the gross receipts generated by said traditional retail exceed 15% of the gross receipts generated by the facility in question nor shall the floor area attributable to said traditional retail exceed 25% of the total floor area of the facility.
In approving traditional retail which it finds to be an integral part of and accessory to a main use, the Commission may attach such conditions as it may deem reasonable and necessary to carry out the intent of this section and to preserve the purpose of this chapter.
(Ord. 14-O-97. Passed 10-21-14.)
1161.04 OUTDOOR STORAGE, DISPLAY AND TEMPORARY EVENT REGULATIONS FOR COMMERCIAL AND INDUSTRIAL ZONES AND OTHER ZONING DISTRICTS.
Outdoor activities in the Commercial and Industrial Districts, including mixed-use districts, shall be permitted only when accessory to a permitted or conditionally permitted principal use, as set forth in Chapter 1155, and in compliance with the following purpose, standards and procedures for review:
(a) Purpose. These regulations for outdoor storage and display are intended to achieve the following objectives:
(1) To protect and enhance the health, safety, welfare and physical appearance of the community.
(2) To provide for the appropriate location and design of outdoor sales, display, and storage areas where they are compatible with associated and nearby uses.
(3) To mitigate any adverse impacts that such uses may have on adjacent properties, especially residential neighborhoods and public rights-of- way.
(4) To ensure that outdoor activities do not create an unsightly appearance of unrestricted clutter.
(5) To ensure that outdoor activities do not interfere with vehicular, pedestrian or bicycle safety, nor access to buildings, parking spaces, loading areas, public or private utilities, services or drainage systems, fire lanes, alarms, hydrants, standpipes, or other fire protection equipment, or emergency access or egress.
(b) Outdoor Display. The outdoor display of merchandise in all commercial and industrial districts is prohibited, except when permitted as a temporary event, in compliance with Section 1161.04 (j) and Section 1165.03, and as further outlined for long-term outdoor storage of retail inventory in subsection (g)(2) and (3) below.
(c) Vending Machines/Cold Storage Units. Vending machines and cold storage units located outside the building may be permitted provided that the Planning Commission shall have first approved an area for the vending machines/cold storage units on a site plan in compliance with the following:
(1) Vending machines/cold storage units shall not obstruct public or private sidewalks, roadways, drive aisles, landscaped areas, parking areas, or fire lanes.
(2) Such machines/units shall be integrated into the design of the building. Appropriate screening may be required by the Planning Commission.
(d) ATM Machines and Kiosks (Drive-Up). Drive-up ATM machines and kiosks are permitted with a conditional use permit where drive-in or drive-through facilities are conditionally permitted, as outlined in Chapter 1155, Schedule of District Regulations.
(e) Outdoor Collection Bins. Outdoor collection bins may be permitted provided that the Planning Commission shall have first approved an area for the outdoor collection bin(s) on a site plan in compliance with the following:
(1) Collection bins shall not be located between the main structure and the public right-of-way.
(2) Collection bins shall be shielded from view in accordance with the screening requirements set forth in Section 1162.06
(b).
(3) Every collection bin shall be maintained in a neat, clean, and sanitary condition and shall be serviced, as needed, to be kept free of dirt and grease; chipped or peeling paint; rust and corrosion; dents and discoloration.
(4) Collection bins shall be emptied regularly to prevent overflow of materials outside of the bin. A current contact name and number of the owner of the collection bin shall be clearly identified on the bin.
(5) No more than two (2) collection bins shall be permitted on any property or business location.
(6) One (1) sign identifying the company's name and a phone number for the owner of the bin shall be placed on the fence or wall at a maximum size of six (6) square feet.
(f) Self-Service Parcel Drop-off/Pick-up Box or Locker. A self-service parcel drop-off/pick-up box or locker is subject to review and issuance of a Conditional Use Permit by the Planning Commission. The proposed location for the box or locker shall be shown on a site plan in compliance with the following requirements:
(1) Such box or locker shall be located along the side or rear wall of the main building on site. A box or locker shall not obstruct public or private sidewalks, roadways, drive aisles, landscape areas, parking areas, or fire lanes.
(2) Colors should be limited to neutral tones that are compatible with the main building or as determined acceptable by the Planning Commission.
(3) Appropriate screening shall be provided along the sides of box or locker when visible from the public right-of-way or neighboring parcel. Such screening shall be a masonry material that matches the design and materials of the adjoining building or a solid vinyl fence or other appropriate solid material that is maintenance free and compatible with the existing building. The height of the screening wall shall be, at a minimum, equal to the height of the pick-up box or locker. Drop-off only boxes shall be excluded from this provision.
(4) Security lighting and monitored surveillance cameras for "pick-up" boxes or lockers shall be provided in conformance with the lighting requirements outlined in Chapter 1169 Outdoor Lighting and as approved by the City. Drop-off only boxes shall be excluded from this provision.
(5) The box(es) or locker(s) on site shall not occupy a combined area greater than twenty (20) feet in length and no more than seven (7) feet in height.
(6) Signage shall only be located on the box or locker and shall be no more than 0.5 sq. ft. per linear foot of the overall unit.
(7) Drop-off only boxes three (3) feet or less in width and not higher than five (5) feet do not require a Conditional Use Permit and are not subject to review by the Planning Commission but shall meet the location requirements outlined in subsection (f)(1) above.
(g) Outdoor Storage in Business Districts (B-1, B-2, B-3, C-2, OV, PUD, & PD Overlay (Mixed-Use or Infill) Districts). Outdoor storage in business districts shall be limited to the following types of retail inventory and in accordance with the requirements and procedures outlined in this section.
(1) The outdoor storage of vehicles as part of an approved vehicle sales business shall be permitted only in conformity with Section 1161.05
of this Code.
(2) When the outdoor storage of retail inventory consists of live plant stock, such storage may be permitted provided that the Planning Commission shall have first approved an area for the inventory on a site plan, and the outdoor storage area complies with the following performance standards:
A. The live plant stock area shall be located adjacent to a side wall or rear wall of the retail establishment that does not front on a public right-of-way.
B. The live plant stock area shall be screened on all sides not bounded by a building wall. Such screening shall have a minimum of 25% masonry at the base with the remainder being a wrought iron or finished metal fence with masonry piers/columns spaced eight (8) feet on center. The height of the perimeter screening wall shall be in proportion to the adjoining building, as approved by the Planning Commission.
C. The live plant stock area shall be secured by a gate.
D. The inventory shall be stored at a height no greater than one (1) foot below the height of the perimeter walls of the live plant stock area.
(3) When the outdoor storage of retail inventory consists of palletized building or packaged landscape material, the outdoor storage of such materials may be permitted provided that the Planning Commission shall have first approved an area for the inventory on a site plan, and the outdoor storage area complies with the following performance standards:
A. The outdoor storage area shall be located adjacent to a side or rear wall of the retail establishment that does not front on a public right-of-way.
B. The outdoor storage area shall be enclosed on all sides not bounded by a building wall. The enclosure shall be a masonry material that matches the design and materials of the main building or a solid vinyl fence or other appropriate solid material that is maintenance free and compatible with the existing building. The height of the perimeter screening wall shall be in proportion to the adjoining building, as approved by the Planning Commission.
C. The outdoor storage area shall be secured by a gate.
D. The inventory shall be stored at a height no greater than one (1) foot below the height of the perimeter walls of the outdoor storage area.
E. If this outdoor storage area is combined with live plant stock, the palletized material and/or packaged landscape material shall be stored behind the live plant stock area, all of which shall be shielded by a masonry wall or a combination of masonry and finished metal fencing to allow for some light infiltration. The height of the perimeter screen wall and screening materials shall be approved by the Planning Commission.
(h) Outdoor Storage in Industrial Districts (M-1, M-2, MIP Districts). Outdoor storage in industrial districts shall be in accordance with the requirements and procedures outlined in this section as well as the standards outlined in Section 1161.01
(a) Industrial Performance Standards.
(1) Outside storage may be permitted provided that the Planning Commission shall have first approved an area for such storage on a site plan. The outdoor storage shall be fully screened from off-site views in accordance with the criteria outlined below.
A. The outdoor storage area shall be located adjacent to a side or rear wall of the main building that does not front on a public right-of-way.
B. The outdoor storage area shall be enclosed on all sides not bounded by a building wall. The enclosure shall be a masonry material that matches the design and materials of the main building or a solid vinyl fence or other appropriate solid material that is maintenance free and compatible with the existing building, at a minimum height of eight (8) ft. or as otherwise approved by the Planning Commission.
C. The outside storage area shall be on an improved surface.
D. The outdoor storage area shall be secured by a gate.
E. The inventory shall be stored at a height no higher than one (1) foot below the height of the perimeter walls/fence of the outdoor storage area.
F. Any outdoor storage shall be located so that it does not adversely affect the use of neighboring properties and the health or safety of persons residing and/or working in the neighborhood with emphasis placed on protecting neighboring properties from any exposure to noise, odor, dust or vibration.
(2) Unless enclosed in a building, the storing of any top soil, loam, sand, gravel or other erodible fill type substances on land shall be prohibited unless done pursuant to an annual grading permit set forth in Chapter 1355 of the Building Code or a conditional use permit (CUP) in accordance with Section 1165.07
of the Planning and Zoning Code. This provision includes, without limitation, provisions for erosion control, elimination of standing and stagnant water, dust control, silt fences or other site storm water runoff controls necessary to control, prevent and limit storm water runoff including sediment and other pollutants into the private and public storm water ditches and facilities or the natural lakes and streams.
(i) Outdoor Propane Sales/Exchange Areas and Above-Ground Tanks. Such outdoor areas may be permitted provided that the Planning Commission shall have first approved such outdoor area on a site plan in compliance with the following performance standards.
(1) General requirements:
A. Total propane storage quantity and location on a lot shall be approved by the Fire Chief and shall not exceed the volumes set forth in the Ohio Fire Code.
(2) Outdoor Propane Sales/Exchange Areas may be permitted as an accessory use to a permitted retail or business establishment in accordance with the following:
A. Outdoor propane sales/exchange areas shall be operated by authorized personnel only. Neither outdoor self-service propane refilling nor unattended exchange of propane cylinders shall be permitted.
B. The propane sales/exchange area shall be located adjacent to a side or rear wall of the main building that does not front a public right-of-way, and away from high traffic areas to minimize any chance of accidental vehicular impact.
C. Propane cylinders stored, refilled and/or exchanged with end-user propane cylinders in the propane sales/exchange area shall be secured in a lockable, ventilated metal cage or other approved enclosure, which shall not exceed six (6) feet in height. Cages shall be kept free and clear of any combustibles or flammable materials.
D. The propane sales/exchange area shall be secured by a gate.
E. The outside storage area shall be on an improved surface.
F. The propane sales/exchange area shall be screened from view by an opaque, masonry wall or solid fence that is color compatible with the principal structure (exclusive of the minimum area needed for access). The wall or fence shall be at least one (1) foot higher than the propane sales/exchange area.
(3) Outdoor, Above-Ground Bulk Tanks used for the retail dispensing of flammable substances or for the storage of flammable substances that are a necessary component of business operations may be permitted in accordance with the following:
A. The above-ground tanks shall be located adjacent to a side or rear wall of the main building that does not front on a public right-of-way.
B. The above-ground tanks shall be installed in a horizontal direction whenever possible.
C. The tanks shall be screened from view from the public street and adjacent parcels by one or a combination of the following methods at a height approved by the Planning Commission:
1. A masonry wall that matches the design and materials of the main building;
2. A solid fence made of durable material that matches the color of the existing building; or
3. Landscape material planted in a manner to screen the tanks from all off-site views year-round.
D. Weeds, grass, brush, trash, and other combustible materials shall be kept clear from approved above-ground tank storage areas.
(j) Temporary Events or Sales. Any retail activity, whether for charitable or not-for-profit purposes or otherwise conducted from a tent or temporary structure is subject to the following performance standards. If, in the judgment of the Director of Planning, there are any unusual circumstances or conditions associated with any request, the Director of Planning may forward the application to the Planning Commission for review and approval. Any retail activity use exceeding any one of the parameters of subsection (j)(1) through (4) as listed below shall be subject to issuance of a conditional use permit (CUP) as prescribed per Section 1135.01
, Conditional Use Permits Required.
(1) The tent or temporary structure shall be erected for not more than seven (7) days at a given time nor more than two (2) times per calendar year.
(2) Activity within the tent shall be related to the principal use of the property and conducted by the property owner or tenant presently located on the subject property.
(3) The hours of operation shall be confined to those normally attributed to the principal use.
(4) No music or public address system.
(5) A site plan shall be submitted at a scale of 1" = 100' which indicates the location of the proposed temporary structure(s), existing permanent structures, driveways, fire lanes and parking areas.
(6) Copy of fire-retardant certification for tent or temporary structure as required per the Building Code.
(7) Any electrical service to the tent is subject to review and approval by the Building Department.
(Ord. 20-O-075. Passed 12-1-20.)
1161.05 VEHICLE SALES.
(a) The business of selling at retail used and/or previously titled automobiles and/or trucks shall be permitted as an accessory use only in conjunction with new automobile and/or truck dealerships. All used and/or previously titled automobiles and/or trucks offered for sale at retail must be located on the same site as the new automobile and/or truck dealerships. The total site area which may be devoted to the display, housing and/or storage of used automobiles and/or trucks offered for sale at retail shall be limited to a maximum forty-five percent (45%) of the total surface parking area (as further defined herein below) of the site (site, as used herein, is defined as the sum total area of all contiguous lots devoted to the dealership's use) versus a remaining minimum of fifty-five percent (55%) of the total surface parking area of the site which shall be devoted to the display, housing and/or storage of new automobiles and/or trucks offered for sale at retail. The total surface parking area of the site devoted to the display, housing and/or storage of new and/or used automobiles and/or trucks offered for retail sale is to be computed exclusive of surface parking areas designated for employee and customer vehicles as well as parking areas for such other vehicles as may be used in connection with the business but which are not offered for sale. Site development plans shall designate the areas of surface parking to be utilized for each of these purposes. All vehicle parking shall be in conformity with the approved site plan.
(b) The business of selling at wholesale used and/or previously titled automobiles and/or trucks in the M-1, Light Manufacturing and M-2, Heavy Manufacturing districts shall be permitted only as an accessory conditional use with new automobile and/or truck dealerships located in the City. The total surface parking area devoted to the display, housing and/or storage of used automobiles and/or trucks offered for sale at wholesale shall be limited to the same maximum forty-five percent (45%) of the total surface parking area of the site as that used for the display, housing and/or storage of used automobiles and/or trucks offered for sale at retail, as set forth in subsection (a) hereof. A site development plan and landscape plan is required for review and approval.
(c) In the event that, due to a lack of storage capacity at a new automobile/truck dealership currently operating within the City, it is necessary to store used and/or previously titled automobiles and/or trucks offered for sale at wholesale off-site, then, the dealership may apply for a conditional use permit for a storage site, subject to the requirements set forth in Section 1135.04
of this Code and the following additional requirements:
(1) Off-site storage lots may be conditionally permitted in the M-1 and M-2 zoning district;
(2) No inoperable vehicles may be stored for any length of time in an open lot;
(3) Vehicles shall be wholesaled as complete units, there shall be no salvaging of parts or scrap materials at the site;
(4) No vehicle may remain stored for a period in excess of 120 days;
(5) The CUP shall be non-transferable;
(6) The CUP shall immediately lapse and expire without notice in the event the dealership ceases business operations in the City; and
(7) All vehicle parking shall be in conformity with an approved site plan.
(8) A landscape plan shall be submitted for review and approval for screening around the perimeter of the storage site.
(d) As used in this Section 1161.05
, "wholesale" means that vehicle(s) are offered for sale only to licensed dealers, salvage businesses, or other such businesses and not offered for sale to members of the general public.
(Ord. 16-O-123. Passed 12-6-16.)