(a) For the purpose of this Zoning Code, certain terms or words used herein shall be interpreted as follows:
(1) The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(2) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(3) The word "shall" is mandatory, the word "may" is permissive.
(4) The words "used" or "occupied" include the words "intended", designed", or “arranged" to be used or occupied.
(5) The word "lot" includes the words "plot" or “parcel".
(b) For the purpose of this Zoning Code, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1) Administrator, or Zoning Administrator - the official charged with the enforcement of the provisions of this Zoning Code. Unless otherwise specified by City Council, the Director of Planning shall be the administrator. (1969 Code 150.005; Ord. 18-O-075. Passed 9-4-18.)
(2) Adult Arcade - any place to which the public is permitted or invited where either or both (i) motion picture machines, projectors, video, DVD or digital-based media, or (ii) other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(3) Adult Bookstore, Adult Novelty Store, or Adult Video Store - a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, digital-based media, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" or
B. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
(4) Adult Cabaret - a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
A. Persons who appear in a "state of nudity" or "state of semi- nudity;" or
B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;” or
C. Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
D. Films, motion pictures, video cassettes, digital-based media, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." (Ord. 06-O-105. Passed 9-5-06.)
(5) Adult Family Home - a residence or facility licensed by the State of Ohio and further identified at 3722.01(A)(7) of the Ohio Revised Code that provides accommodations to three to five unrelated adults and supervision and personal care services to at least three of those adults. All adults to whom the residence or facility provides accommodations shall be considered in determining the total number of adults, unless exception is provided to O.R.C. 3722.021(B).
(6) Adult Group Home - a residence or facility licensed by the State of Ohio and further identified at 3722.01(A)(8) of the Ohio Revised Code that provides accommodations to six to sixteen unrelated adults and provides supervision and personal care services to at least three of those adults. All adults to whom the residence or facility provides accommodations shall be considered in determining the total number of adults, unless exception is provided pursuant to O.R.C. 3722.021(B).
(7) Adult Motion Picture Theater - a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, digital-based media, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and that take place outside the context of some larger form of expression.
(8) Adult Theater - a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the depiction or description of "specified anatomical areas," "specified sexual activities" or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment and which for each of the previously mentioned categories, take place outside the context of some larger form of expression.
(9) Agricultural and Horticultural Uses - the production, keeping or maintenance for sale of plants and ornamental products.
(10) Architect - an architect registered with the State of Ohio.
(11) "Automated teller machine (ATM)" - a machine which handles financial transactions including, but not necessarily limited to, dispensing of currency or receipt of deposits. (Ord. 20-O-075. Passed 12-1-20.)
(12) Assisted Living Facility - a residential community with services that provides meals, laundry, housekeeping, medication reminders and assistance with Activities of Daily Living (ADL's), such as walking and moving, bathing, grooming, toileting, oral hygiene, hair care, dressing, eating and nail care to a minimum of 50% of the residents, or such percentage as determined by the Planning Commission.
(13) Auto Wrecking Yard - land used to dismantle or store two or more inoperable motor vehicles or trailers, or land used to store, sell or dump partly dismantled, obsolete, or wrecked vehicles or their parts.
(14) Building - any structure enclosed within exterior walls used or intended for supporting or sheltering any use or occupancy.
(15) Building, accessory - a building or structure detached from and subordinate to a main building and used for purposes customarily incidental to those of the main building.
(16) Building, height of - the vertical distance from the finish grade to the roof line measured at the front wall of a structure.
(17) Building, main - a building in which is conducted the principal use of the lot on which it is situated.
(18) Child Day Care Center - any licensed child care facility in which care is provided, with or without compensation, for seven or more children at any one time, but not including nursery schools, kindergartens, or other facilities of which the purpose is primarily education, recreational or medical treatment.
(19) City Council or Council - the City Council of the City of Mentor.
(1969 Code 150.005; Ord. 06-O-105. Passed 9-5-06.)
(20) "Collection bin" - a container of any type, construction or material designed for the collection and storage of articles donated to a recognized charitable, educational or similar organization. (Ord. 20-O-075. Passed 12-1-20.)
(21) Covering - any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
(22) District, Commercial - the term "commercial district" shall include those zoning districts designated as Community Service, General Business, Interchange Service and Commercial Recreation.
(23) District, Industrial - the term "industrial district" shall include those zoning districts designated as Light Manufacturing, Heavy Manufacturing, Research and Development, and Industrial Park.
(24) District, Residential - the term "residential district" shall include those zoning districts designated as Single Family Residential, Multi-family Residential, Village Green, Mobile Home and Conservation.
(25) Dwelling - any structure designed for use for residential purposes but not including hotels, boarding houses, tourist cabins, motels or trailers.
(26) Dwelling, multi-family - a building consisting of three or more dwelling units.
(27) Dwelling, single family - a building consisting of one dwelling unit.
(28) Dwelling unit - one or more rooms intended to be occupied by and providing facilities for one family, including rooms and/or facilities for cooking, bathing and toilet facilities. An independent living development, adult family home, adult group home, licensed residential family facility, and licensed residential group facility are not subject to this definition.
(29) Duplex - A building consisting of two dwelling units.
(1969 Code 150.005; Ord. 06-O-105. Passed 9-5-06.)
(30) (EDITOR’S NOTE: Former subsection (b)(28) was repealed by Ordinance 12-O-60, passed September 4, 2012.)
(31) Engineer - an engineer registered by the State of Ohio.
(32) Family - one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over five persons.
(33) Family Child Care Home - a permanent residence of the provider in which child care or child day care services are provided, by the resident only, for one to six children at a time and in which no more than three children may be under the age of two at one time. In counting children for purposes of this division, any children under six years of age who are related to the provider and who are in the premises shall be counted.
(34) Flood Plain - the areas adjoining a watercourse which may be inundated during a flood; especially those areas indicated on the Flood Insurance Rate Map.
(35) Floor Area - the sum of the areas of the floors of a building, measured from outside wall to outside wall.
(36) Front Wall - that wall which most nearly parallels the street frontage of a premises or, on a premises that does not face a street, a wall facing a parking lot.
(37) Funeral Home - an establishment for the care, preparation for burial or alternate disposition of dead human bodies and/or where funerals or wakes are held.
(38) Game Room - a place of business within a building or any part of a building or any part of a building having more than three (3) mechanical or electronic amusement devices.
(39) Garage, private - an accessory building or part of a main building used for the storage of motor vehicles as an accessory use.
(40) Grade, finished - the average elevation of the surface of the ground adjoining the building after completion of construction.
(41) Home occupation - an accessory use which is any occupation or business activity that is incidental and subordinate to the principal residential use of the dwelling unit, including the principal use of the home for providing supervision, personal care services and habilitation services to individuals under license issued by the State of Ohio. Said occupation is conducted from property without any adverse effect upon the surrounding neighborhood.
(42) Independent Living Development - A multi-unit senior housing development that provides supportive services such as a meal (or meals), housekeeping, social activities and transportation to a minimum of 50% of the residents, or such percentage as determined by the Planning Commission.
(43) Junk Yard - land used to store, sell, or dump secondhand materials, chattels, junk, waste paper, containers or other salvage.
(44) Kennel - any place in or at which four or more dogs more than four months of age are kept, or where any number of dogs are kept for the purpose of sale or rental or in connection with boarding, care or breeding for which a fee is charged. Kennels shall have pens designed for secure confinement.
(45) "Kiosk" - a small free-standing structure, which may be permanent or temporary in design and construction, is designed or used with no interior space for customers and provides walk-up or drive-up service to customers.
(Ord. 20-O-075. Passed 12-1-20.)
(46) Licensed Residential Family Facility - a residence or facility licensed by the State of Ohio and further identified at 5123.19(K) of the O.R.C. that provides room and board, personal care, habilitation services and supervision in a family setting for at least six but not more than eight persons with mental retardation or a developmental disability.
(47) Licensed Residential Group Facility - a residence or facility licensed by the State of Ohio and further identified at 5123.19(L) of the O.R.C. that provides room and board, personal care, habilitation services and supervision in a family setting for at least nine, but not more than sixteen persons with mental retardation or a developmental disability.
(48) Live/work Unit - a dwelling unit with additional work space for a resident to conduct a professional business or artistic endeavor and which is not open to members of the public. The predominant use of the unit must be residential and commercial activity is a secondary use. Employees and walk-in trade are not permitted. Some limited appointment-based clients/patrons may be permitted subject to the terms of a conditional use permit. Living and work spaces must be separate and distinct from one another and otherwise comply with all pertinent Code requirements as if they were located independently of one another. The space must be designed to ensure the quiet enjoyment expectations of neighbors within the building and adjacent buildings.
(49) Lot - a parcel of land recorded with the County Recorder and listed on the Maps and Tax Lists of the County Auditor in a Permanent Parcel number.
(50) Lot, corner - a lot abutting on two streets at their intersection, where the angle of intersection is not more than 135 degrees.
(51) Lot depth - the mean horizontal distance between the front and rear lot lines.
(52) Lot, front of - the front of a lot shall be the portion abutting the street.
(53) Lot line - the boundary of a lot separating it from adjoining property.
(54) Lot width - the horizontal distance between the side lot lines measured at the minimum front setback.
(55) Mechanical or Electronic Amusement Device - any machine or device which, upon the insertion of a coin, slug, token, plate or disc, permits a person or operator to use the device as a game, contest of skill or amusement, whether or not registering a score, which may cause a person or operator of the same to secure some amusement, enjoyment, entertainment or relaxation by use of such machine or device.
(1969 Code 150.005; Ord. 06-O-105. Passed 9-5-06.)
(56) Mixed-Use Development - a tract of land, building or structure developed for two or more compatible land uses such as, but not limited, to residential, office, retail, commercial, entertainment/recreation, or light manufacturing. (Ord. 20-O-017. Passed 2-18-20.)
(57) Mobile Home - an industrialized unit constructed on a permanent chassis for towing to the point of use and designed to be used without a permanent foundation for occupancy as a dwelling and which is designed for removal to and installation or erection on other sites.
(58) Nude Model Studio - any place where a person who appears semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nude Model Studio shall not include:
A. A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
B. A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
C. An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
(59) Nudity or a State of Nudity or Nude - exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(60) Nursing Home - a home licensed by the State of Ohio pursuant to Title 37 of the ORC and used for the reception and care of individuals who, by reason of illness or physical or mental impairment, require skilled nursing care and of individuals who require personal care services, but not skilled nursing care. (1969 Code 150.005; Ord. 06-O-105. Passed 9-5-06.)
(61) "Outdoor" - any area regardless of size not fully roofed and enclosed by walls on all sides.
(62) "Outdoor display" - an area designated outside of a building used for the arrangement of merchandise, typically not in a fixed position and capable of rearrangement, and for the purposes of advertising or offering for sale such merchandise incidental to the business existing on the premises.
(63) "Outdoor storage" - an area designated outside of a building used for the storage of goods or materials, often within packaging or containers that are not easily moved or carried without a mechanical lifting device, and placed for safekeeping for a period of time greater than twenty-four (24) hours.
(Ord. 20-O-075. Passed 12-1-20.)
(64) Parking Lot - any land area used or intended to be used for the temporary storage of motor vehicles.
(65) Person - an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(66) Personal Care Services - assisting residents with activities of daily living, self-administration of medication and preparing special diets for residents pursuant to the instructions of a physician or licensed dietitian.
(1969 Code 150.005; Ord. 06-O-105. Passed 9-5-06.)
(67) Planned Development (PD) - a comprehensive development intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities and dwelling types, provide for economy of shared services and facilities, and preserve natural resources and open space.
(Ord. 20-O-017. Passed 2-18-20.)
(68) Planning Commission or Commission - the Municipal Planning Commission of the City of Mentor.
(69) Public Use - any activity or function carried on by a governmental organization.
(70) Recreational Vehicles - recreational vehicles shall include travel trailers, pickup campers, motorized homes, folding tent trailers, boats, boat trailers, and similar vehicles.
(71) Rental Truck Facilities - any operation engaged in the rental or lease of trucks and/or trailers used for self-transport of goods, merchandise or possessions, and including any facility for the return and/or storage of such trucks and/or trailers.
(1969 Code 150.005; Ord. 06-O-105. Passed 9-5-06.)
(72) Retail, traditional - a place of business which sells by small quantities, in broken lots or parcels, direct to the consumer and which is open at any time to the consumer for any reason related to the sale.
(73) Retail, non-traditional - a place of business which sells by small quantities, in broken lots or parcels, direct to the consumer where the place of business is never open to any consumer for any reason related to the sale including, but not limited to, viewing merchandise, discussion concerning sale and purchase, arranging for payment, or pick-up of merchandise. Examples of non-traditional retail businesses include Internet and catalogue-based retailers.
(Ord. 08-0-31. Passed 4-1-08.)
(74) Roadside Stand - temporary structure used or intended to be used solely for the sale of agricultural products produced on the premises.
(75) Roof Line - the highest point of any structure exclusive of chimneys, belfries, spires, antennas and similar appurtenances.
(1969 Code 150.005; Ord. 06-O-105. Passed 9-5-06.)
(76) "Self-service parcel drop-off/pick-up box or locker" - a secure container used for dropping off or picking up packages. Shippers can leave mailings for pick up by a carrier to send out for delivery or mail can be delivered to the designated box or locker for someone to retrieve. United States Postal Service mailboxes are excluded from this definition.
(Ord. 20-O-075. Passed 12-1-20.)
(77) Semi-nudity or Semi-nude Condition or Semi-nude - exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(1969 Code 150.005; Ord. 06-O-105. Passed 9-5-06.)
(78) Service Station - a building or portion thereof and land on which said building or portion thereof is located, used for the sale of gasoline, diesel, or other fuels, lubricants, motor vehicle accessories, including electric vehicle charging stations proposed as the main or principal use, or for minor services and repairs to motor vehicles.
(Ord. 22-O-001. Passed 1-4-22.)
(79) Setback - (Front setback) - the minimum distance between a building or structure and the public right-of-way. (Side setback) - the minimum allowable distance between a building or structure and the side lot line. (Rear setback) - the minimum allowable distance between a building or structure and the rear lot line.
(80) Sexual Encounter Center - a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
(81) Sexually Oriented Business - an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter and/or any combination of these classifications.
(1969 Code 150.005; Ord. 06-O-105. Passed 9-5-06.)
(82) Shopping Center - A lot or lots under a single ownership, control, or management, on which are located four (4) or more commercial establishments containing a total of a least 20,000 square feet and having a common parking area and shared driveway entrances.
(Ord. 13-O-57. Passed 9-3-13.)
(83) - (88) (EDITOR’S NOTE: Former subsections (b)(83) through (b)(88) [originally numbered (b)(72) through (77)] were repealed by Ordinance 12-O-60, passed September 4, 2012. See Chapter 1171 for sign definitions.)
(89) Specified Anatomical Areas -
A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
B. Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(90) Specified Sexual Activities - any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
C. Excretory functions as part of or in connection with any of the activities set forth in A. and B. above.
(91) Structure - anything constructed or erected with a fixed location on or in the ground or attached to something having a fixed location on or in the ground. Among other things, the term includes buildings, mobile homes, walls, fences, signs, swimming pools, tanks and towers.
(92) Surveyor - a surveyor registered by the State of Ohio.
(93) Traffic Impact - amount of delay time to traffic resulting from development of land as determined by the Highway Capacity Manual, Special Report 209, 3rd Edition, Washington, D. C.; Transportation Research Board 1994 and amendments or additions thereto.
(94) Travel Trailer - a vehicle built on a chassis designed as a temporary dwelling for travel or recreation having a gross weight of less than 4500 pounds or a body length of less than 30 feet.
(95) Trip Generation - traffic resulting from development of land as determined by Trip Generation, 56th Edition, Washington D.C.; Institute of Transportation Engineer and amendments or additions thereto.
(96) Use - the specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
(97) Use, Accessory - a subordinate use customarily incidental to and located upon the same lot occupied by the main use.
(98) Use, Main - the principal activity to be conducted on a single lot.
(99) Vehicle - every device in, upon or by which any person or property may be transported or drawn upon a highway, except devices moved by power collected from overhead electric trolley wires, or used exclusively upon stationary rails or tracks, and except devices other than bicycles moved by human power. (1969 Code 150.005; Ord. 06-O-105. Passed 9-5-06.)
(100) "Vending Machine/Cold Storage Unit" - a self-service device that dispenses a unit of goods or services, either in bulk or in package, typically upon the insertion of currency, tokens, credit and debit cards, but may also require payment directly to the retailer on site. It includes freestanding containers or racks from which customers may pick up purchased or rented merchandise. Examples of vending machines include, but are not necessarily limited to, soft drink machines, candy and other food product machines, video rental machines, or anything else of value or service. An example of a cold storage unit may include the storage of bags of ice for purchase. Motor fuel pumps, self-service parcel drop-off/pick-up box or lockers and automated teller machines (ATMs) are excluded from this definition. (Ord. 20-O-075. Passed 12- 1-20.)
(101) Wholesale - the sale of commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments for resale, use in the fabrication of a product, or use by a business service.
(1969 Code 150.005; Ord. 06-O-105. Passed 9-5-06.)