Mentor City Zoning Code
CHAPTER 1165
Supplemental District Regulations
1165.01 ACCESSORY BUILDINGS.
(a) Setbacks for accessory buildings:
(1) Accessory buildings or structures of 125 square feet and less in area shall be set back a minimum of five (5) feet from any side or rear property line.
(2) Accessory buildings or structures in excess of 125 square feet shall be set back a minimum of ten (10) feet from any side or rear property line.
(3) Accessory buildings or structures in excess of 576 square feet shall be set back twenty (20) feet from the rear property line and the side set back shall meet the minimum side set back requirements established for main building structure as outlined in Section 1155.01 Schedule of District Regulations.
(4) On lots of 60 feet or less in width and/or lots with less than 115 feet in depth, side and rear setback of five (5) feet shall be permitted for all accessory buildings or structures.
(b) Single Family Residential, RVG Village Green and C-1, Conservation Districts only:
(1) The maximum building height for accessory buildings or structures in residential districts and RVG districts shall be fifteen (15) feet measured from the finished grade to the roof line.
(2) The maximum floor area for storage buildings including sheds, gazebos and pavilions shall not exceed fifteen (15) percent of the floor area of the dwelling unit as recorded on the Property Record Card from the Lake County Auditor's office. All dwelling units shall be permitted 200 square feet for a storage building. No more than two (2) storage buildings shall be permitted per lot or developmental unit consisting of multiple parcels.
(3) Detached garages and carports shall not exceed three (3) percent of the lot area or developmental unit consisting of multiple parcels. All lots or developmental units consisting of multiple parcels shall be permitted 576 square feet detached garage or carport. Only one (1) detached garage/carport structure shall be permitted per lot or developmental unit consisting of multiple parcels. A detached garage or carport must be accessible by a driveway constructed from asphalt, concrete or permeable type pavers approved by the City.
(4) Fifty (50) percent of the permitted floor area for a storage building may be allocated towards the construction of a larger detached garage and fifty (50) percent of the permitted floor area for a detached garage may be allocated towards the construction of a larger storage building.
(5) Where any part of the accessory structure is attached to the main building by way of breezeways or other similar connections, the accessory structure shall not be considered part of the main building for purposes of determining maximum height and/or area.
(6) The floor area for accessory structures including detached garages, carports and storage buildings shall not exceed the floor area of the main structure or dwelling unit.
(7) Accessory structures erected for permitted institutional uses shall not exceed 576 square feet unless approved by the Planning Commission as part of a site development review.
(8) No accessory structure may be erected upon any parcel that does not have erected thereon a principal structure. Demolition of the principal structure shall require the demolition of the accessory structures unless the demolition is performed as part of an approved building permit for the reconstruction of the principal structure. Demolition permits issued for the principal structure shall include conditions requiring the removal of any accessory structures.
(Ord. 15-O-86. Passed 10-20-15.)
(9) A portable storage unit as defined in Section 1367.10 of the Codified Ordinances is not a permitted accessory building/structure. This includes, but is not limited to, unmodified shipping containers and lightweight plastic or fabric structures used for storage.
(Ord. 24-O-076. Passed 11-19-24.)
1165.02 FENCES AND HEDGES.
(a) General Regulations
(1) Electrically charged fences shall be forbidden in all districts.
(2) Fences and hedges in front setbacks shall not exceed three (3) feet in height in any district except as provided for per subsections (a)(3) and (a)(5). Fences and hedges within a side setback abutting side streets shall not exceed four (4) feet in height and shall be set back a minimum of ten (10) feet. No fencing or hedge shall be placed such as to obstruct the view of pedestrians or vehicular traffic or be detrimental to public safety. Fences shall be of a uniform color except in instances where the Planning Administrator determines that extenuating circumstances exist that warrant departure from the requirement.
(3) Chain link fences shall not be permitted within a front setback or side setbacks abutting streets in any district. Guardrails shall not be used for fencing. Decorative fences may be constructed in front setbacks or side setbacks abutting streets. Decorative fences shall mean split rail, picket, ornamental metal, or other decorative styles as approved by the Administrator. Fences with a scalloped design shall also be considered decorative and may be permitted with a maximum post peak height of four (4) feet and a minimum scallop depth of six (6) inches.
(4) Temporary fencing for the purpose of protecting landscape shrubs and trees from road salt or drifting snow from private drives and/or streets, sidewalks and parking lots may be erected from November 1st thru April 15th. Such temporary fencing materials shall be limited to construction of burlap, plastic mesh fabric of a neutral or dark color, any clear plastic material or wood slat fencing (traditional snow fence) with wood or metal supports. Such fencing shall be limited to a maximum height of four (4) feet and shall be erected on private property only and positioned on the site so as not to obstruct the view of pedestrians or vehicular traffic or be detrimental to public safety. No permit is required for this type fencing. Temporary fencing shall also be permitted as part of any approved temporary event per Section 1165.03
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(5) No permanent fence shall hereafter be erected, constructed, altered, relocated or rebuilt until an application has been filed with a permit issued by the Administrator.
(b) Residential Regulations.
(1) Fences in rear setbacks and side setbacks not abutting streets shall not exceed six (6) feet in height.
(2) Fences on residential properties, which abut commercial or industrial zoned lands or abut a limited access highway, shall not exceed eight (8) feet along the highway right-of-way or common property line.
(c) Commercial/Industrial Regulations.
(1) Barbed wire may be used only to top standard security fences in commercial and industrial districts at a height of eight (8) feet or greater except when abutting or within 10 feet of any residentially zoned property where such fencing shall be prohibited. The supports for barbed wire shall be either vertical or lean inward above the property of the owner of the fence.
(2) Fences in rear setbacks and side setbacks not abutting streets shall not exceed ten (10) feet in height.
(1969 Code 150.242)
1165.03 TEMPORARY EVENTS.
(a) A temporary event is defined as an activity lasting for not more than five consecutive days which is conducted for educational, cultural or recreational purposes and which may also include temporary retail activity that is operated in conjunction with the temporary event. A request for a temporary event shall be submitted on a form provided by the Department of Planning and Development. Temporary events may be permitted in any zoning district but 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 temporary event exceeding any one of the parameters one (1) thru six (6) listed below shall be subject to issuance of a conditional use permit (CUP) as prescribed per Section 1135.01
(b), Conditional Use Permits Required.
(1) The hours of operation shall be confined to those normally attributed to the principal use.
(2) The sponsor of the event shall be the owner of the property, his agent or assignee.
(3) Attendance at the event is limited to employees of the property owner/tenant(s) or invited guests, except religious or non-profit events.
(4) There shall be no music or public address system.
(5) Lighting shall not cause a disturbance across a residential property line.
(6) The event shall not exceed five (5) days.
(7) A site plan shall be submitted at a scale of 1" = 100' which indicates the location of a temporary event, existing permanent structures, driveways, fire lanes and parking areas. (The following specific items shall be highlighted: location of bathrooms, drinking water, emergency services/security, refuse control and setup/takedown).
(8) A copy of fire retardant certification for tent or temporary structure as required per the Building Code shall be submitted to the Department of Planning and Development.
(9) Any electrical service to the temporary structures is subject to review and approval by the Building Department.
(b) Exemptions: City of Mentor sanctioned events, public institutions, libraries and church or school festivals.
(c) CUP fee request for temporary events may be waived by the Administration upon satisfactory showing by the applicant that the event is for the sole purpose of raising funds and/or public awareness for a recognized charitable entity, religious organization or government.
(Ord. 14-O-65. Passed 7-1-14; Ord. 18-O-075. Passed 9-4-18.)
1165.04 CORNER LOTS.
(a) In any district the front of a corner lot shall be deemed to be the shorter of the two sides fronting on streets.
(b) The minimum setbacks on the side facing the side street shall be 35 feet except in commercial zones where it shall be 30 feet.
(c) The minimum lot width for corner lots shall be 15 feet greater than the width required for interior lots in the same zone.
(1969 Code 150.246)
1165.05 EXCEPTIONS TO LOT SIZE AND WIDTH REQUIREMENTS.
The Planning Commission may, as part of the approval of a subdivision, permit the creation of lots with areas and/or width less than required by this chapter where (due to conditions peculiar to the property) strict compliance would constitute an unnecessary hardship.
(1969 Code 150.247)
1165.06 EXCEPTIONS TO HEIGHT REGULATIONS.
The height limitations contained in the Schedule of District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof and not intended for human occupancy, except that the height of such structure shall not exceed 60 feet above grade, unless approved by the Planning Commission. (1969 Code 150.248)
1165.07 EXCAVATION, DEMOLITION, PROCESSING AND OUTDOOR STORAGE OF SOIL AND OTHER EARTH SUBSTANCES FOR SALE OR TRANSFER PROHIBITED.
(a) The excavation, demolition, processing or outdoor storage for sale or transfer off-site of soil, mulch, other earth substances, logs, stumps, demolition debris or other types of fill material (collectively hereinafter referred to as substances) is prohibited in all zoning districts within the City of Mentor with the exception of the M-1, Light Manufacturing and M- 2 Heavy Manufacturing districts where it shall be conditionally permitted with the issuance of a Conditional Use Permit as set forth in Chapter 1135 Conditional Use Permit, so long as activities conditionally permitted are not conducted within one thousand (1000) feet of any non-manufacturing district measured from the property line of the non-manufacturing zoning district. Such conditionally permitted uses shall also comply with industrial performance standards outlined in Chapter 1161.01 Special Provisions Applicable to Industrial Zones and require an annual site inspection to verify conformance with conditions made part of the CUP permit and applicable zoning ordinances. The term "earth substances" shall include: bulk, unfinished and unpackaged quantities of soils, mulch, grass, sod, vegetation, rubble, garbage, rubbish or other mixtures thereof.
(b) The activities or conditions prohibited in subsection (a) may be permitted if the substance or substances are generated by, or the consequence of construction pursuant to or implementation of a presently approved building permit, issued in accordance with Chapters 1305 et seq. of the Building Code, or site plan pursuant to Chapter 1133 et seq. The substance(s) shall not be treated, screened or otherwise processed or refined upon the site prior to its storage or transfer from the site where a building permit and/or site development plan has been approved.
(Ord. 11-O-31. Passed 6-7-11.)
1165.08 SPECIAL PROVISIONS RELATIVE TO P.U.D. ZONES. (REPEALED)
(EDITOR’S NOTE: Former Section 1165.08 was repealed by Ordinance 19-O-055, passed July 2, 2019.)
1165.09 ELECTRIC VEHICLE CHARGING STATIONS.
Electric vehicle (EV) charging stations may be permitted as an accessory use in all Residential, Commercial and Industrial Districts, including mixed-use districts, when in compliance with the standards and development criteria outlined below. Proposed locations shall be identified on a site plan and reviewed by the Planning Director and other city departments, as necessary, for compliance with all applicable city requirements. If the Planning Director determines that the proposal significantly alters a previously approved plan, the proposal shall be forwarded to the Planning Commission for review and approval. If an EV charging station is proposed as the main or principal use, the proposal shall be subject to the review requirements for a service station, as permitted under Chapter 1155, Schedule of District Regulations.
For the purposes of this section, an EV charging station shall mean a public or private parking space that is served by battery charging station equipment for the purpose of transferring electric energy (by conductive or inductive means) to a battery or other energy storage device within an electric vehicle.
(a) An EV charging station shall be an accessory use to the main use of the property.
(b) An EV charging station shall be either a Level 2 or Level 3 charger. If a charging station has more than one (1) port, each port shall count as a charging station.
(c) The proposed EV charging station shall be located adjacent to the side or rear wall of the main building and shall not front on a public right-of-way except, when an EV charging station is setback at least 200 feet from the right-of-way line of the building frontage, it may be located in front of the main building.
(d) The designated parking space(s) for EV chargers shall be above the minimum number of parking spaces required for the site, in accordance with Section 1173.03 Spaces Required.
(e) The recommended parking space dimensions for an EV charging station are a minimum of ten (10) feet wide by twenty (20) feet long when new spaces are installed for such use.
(f) The charging station/equipment shall be protected by wheel stops or bollards in accordance with Section 1173.10 Parking Lot Safety Standards.
(g) Each parking space designated for an EV charging station shall be clearly marked as reserved for EV charging only.
(h) Charging station equipment shall not exceed eight (8) feet in height.
(i) Charging stations shall not include overhead canopies.
(j) The location, legend, and mounting height details for any proposed electric vehicle parking sign shall be included on the plans and submitted with the building permit application.
(k) An electrical permit shall be required as part of building permit application prior to installation.
(l) Any branding or advertising located on the charging station shall be limited to the manufacturer's information and not for advertising of the business or site on which the EV charger is located. There shall be no appurtenances attached to the charger other than what is necessary for operation.
(m) The owner shall provide adequate security and lighting for use of the charging station. All proposed lighting shall be in conformance with the lighting requirements outlined in Chapter 1169 Outdoor Lighting. Security cameras are recommended.
(n) Any landscaping impacted by the installation of the charging station shall be replaced.
(o) The EV charging station shall comply with the current National Electric Code (NEC) standards and shall be inspected once a year. Proof of inspection shall be made available to the City of Mentor, upon request.
(p) When proposed in a Residential District, EV charging stations shall only be permitted for occupants or patrons of the lot on which the station is located and shall not be used for commercial purposes.
(Ord. 22-O-001. Passed 1-4-22.)