Mentor storage of soil
Content
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
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
