Planning Commission

04/19/11

ORDINANCE NO. 11-O-31

AN ORDINANCE AMENDING PART ELEVEN, TITLE FIVE, CHAPTER 1165 OF THE

CODIFIED ORDINANCES OF THE CITY OF MENTOR, 2006, AS AMENDED, THE SAME
RELATING TO SUPPLEMENTAL DISTRICT REGULATIONS, EXCAVATION,
DEMOLITION, PROCESSING AND OUTDOOR STORAGE OF SOIL AND
OTHER EARTH SUBSTANCES

WHEREAS, the Municipal Planning Commission at a regular meeting held on March 31,
2011, recommended, by a vote of 7/0, to make changes to the Codified Ordinances of the City of
Mentor relative to Excavation, Demolition, Processing and Outdoor Storage of Soil and Other
Earth Substances.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

MENTOR, COUNTY OF LAKE, STATE OF OHIO:

SECTION 1. That Part Eleven, Title Five, Section 1165.07 of the Codified Ordinances
of the City of Mentor, 2006 as amended, be and the same is hereby amended to read in such a
way that existing language to be removed is shown as stricken, newly added language is shown
as bold and language to remain retains the existing font and format:

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 two thousand (2000) feet of any other non-manufacturing zoning district three
hundred (300) 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
 Planning Commission
04/19/11

ORDINANCE NO. 11-O-31(2)

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. 10-O-68. Passed 9-21-10.)

SECTION 2. That it is found and determined that all formal actions of this Council
concerning and relating to the adoption of this Ordinance were adopted in an open meeting of
this Council and that, except as otherwise provided by Section 121.22 of the Ohio Revised Code,
all deliberations of this Council and of any of its committees that resulted in such formal action
were in meetings open to the public in compliance with all legal requirements.

SECTION 3. That this ordinance shall take effect and be in force from and after its
passage at the earliest period allowed by law.

________________________________
President of Council

PASSED:__________________________________

ATTEST: _________________________________
Clerk of Council