Toledo City Zoning Code
CHAPTER 1101
Introductory Provisions
1101.0100 Official title.
The official title of this document is the "Zoning Code of the City of Toledo, Ohio." For convenience, it is referred to throughout this document as the "Zoning Code."
(Ord. 170-04. Passed 3-23-04.)
1101.0200 Authority.
This Zoning Code is adopted under the powers granted by laws of the State of Ohio, including the statutory authority granted in Chapter 713 of the Ohio Revised Code (hereinafter Revised Code) and Chapter II, Section 8(r) of the Charter of the City of Toledo.
(Ord. 170-04. Passed 3-23-04.)
1101.0300 Applicability.
The provisions of this Zoning Code apply to all development, public and private, throughout the City of Toledo, to the extent permitted by law.
(Ord. 170-04. Passed 3-23-04.)
1101.0400 Purpose.
This Zoning Code is intended to implement Toledo's Comprehensive Plan and other adopted plans in a manner that protects the health, safety, and general welfare of the citizens of Toledo.
(Ord. 170-04. Passed 3-23-04.)
1101.0500 Implementation of the Comprehensive Plan.
This Zoning Code has been prepared in accordance with the City's Comprehensive Plan. It is intended that decisions made pursuant to this Zoning Code will implement and be consistent with the Comprehensive Plan. The Comprehensive Plan, as used herein, means the Toledo 20/20 Comprehensive Plan Toledo by Choice as adopted by Council on September 12, 2000 and any additions and amendments thereto as may be approved by the City Plan Commission and City Council.
(Ord. 170-04. Passed 3-23-04.)
1101.0700 Compliance required.
1101.0701 In addition to the requirements of the Zoning Code, all uses and development must comply with all other applicable city, county, state, and federal regulations, including the City's Subdivision Rules and Regulations.
(Ord. 170-04. Passed 3-23-04.)
1101.0702 No building or structure shall be erected, enlarged, reconstructed, or structurally altered to exceed the bulk, intensity, and density limits established for the district in which the building is located.
(Ord. 170-04. Passed 3-23-04.)
1101.0703 The yards, parking space, and other open spaces, including lot area per household, required by this Zoning Code, for any building hereafter erected or structurally altered, shall not be encroached upon or considered as meeting the parking, yard open space, or lot area requirement for any other building, nor shall any lot area be reduced beyond the district requirements of this Zoning Code.
(Ord. 170-04. Passed 3-23-04.)
1101.0704 Every building hereafter erected or structurally altered shall be located on a lot and in no case shall there be more than one principal building on one lot except as specifically provided herein.
(Ord. 170-04. Passed 3-23-04.)
1101.1000 Lot splits for multiple buildings on lot.
Where more than one principal building exists on a lot legally constructed or installed prior to September 10, 1923, the lot may be divided so as to create a separate lot for each principal building provided that each lot has lot frontage on a street or place. The Planning Director, upon application for such a division, may waive the minimum residential lot size and division requirements.
(Ord. 170-04. Passed 3-23-04.)
1101.1100 Zoning of newly annexed areas.
1101.1101 Whenever any areas are annexed to the City, the newly annexed land must be given an interim zoning classification in accordance with one of the following procedures:
A. If the land is zoned before being annexed by the City, the City must classify the newly annexed land into the zoning district that closely matches the zoning that existed prior to annexation. That classification must be recommended by the Plan Commission and approved by the City Council.
B. If the land is not zoned before being annexed by the City, the City will classify the newly annexed areas into the RS12 district if the land is vacant. If the land is not vacant, the City will classify it in accordance with the procedure set forth in paragraph A, above.
(Ord. 170-04. Passed 3-23-04.)
1101.1102 In all cases, within a reasonable time after annexation, the Plan Commission must initiate action to approve permanent zoning for the property, following the rezoning procedures of Sec. 1111.0600.
(Ord. 170-04. Passed 3-23-04.)
1101.1300 Severability.
If any portion of this Zoning Code is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion held to be invalid or unconstitutional is to be deemed severed from the Zoning Code, and in no way affects the validity of any other portion of the Zoning Code.
(Ord. 170-04. Passed 3-23-04.)
1101.0601 Word Usage and Construction of Language Meanings and Intent.
The language of the Zoning Code must be read literally and in context. Regulations are no more or less strict than stated. Words and phrases used in the Zoning Code must be construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, must be construed accordingly. See Chapter 1116 for definitions of technical or particular terms used in this Zoning Code.
(Ord. 170-04. Passed 3-23-04.)
1101.0602 Tenses and Usage.
A. Words used in the singular include the plural. The reverse is also true.
B. Words used in the present tense include the future tense. The reverse is also true.
C. The words "must," "will," "shall" and "may not" are mandatory.
D. "May" is permissive.
E. When used with numbers, "up to x," "not more than x" and "a maximum of x" all include x.
(Ord. 170-04. Passed 3-23-04.)
1101.0603 Conjunctions.
As used in this Zoning Code, unless another definition is required or the context otherwise requires:
A. "And" may be read "or", and "or" may be read "and", if the sense requires it;
B. "Either … or" indicates that the connected items or provisions apply singly, but not in combination.
(Ord. 170-04. Passed 3-23-04.)
1101.0604 Headings, Illustrations and Text.
In case of any difference of meaning or implication between the text of this Zoning Code and any heading, drawing, table, figure, or illustration, the text controls.
(Ord. 170-04. Passed 3-23-04.)
1101.0605 Lists and Examples.
Unless otherwise specifically indicated, lists of items or examples that use terms such as "including," "such as," or similar language are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
(Ord. 170-04. Passed 3-23-04.)
1101.0606 Delegation of Authority.
Whenever a provision requires the head of a department or another officer or employee of the City to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.
(Ord. 170-04. Passed 3-23-04.)
1101.0607 Public Officials and Agencies.
All employees, public officials, bodies, and agencies to which references are made are those of the City of Toledo unless otherwise expressly stated.
(Ord. 170-04. Passed 3-23-04.)
1101.0608 References to Other Regulations, Publications and Documents.
A. All references in the Zoning Code to other city, county, state, or federal regulations are for informational purposes only, and do not constitute a complete list of such regulations. These references do not imply any responsibility on behalf of the City for enforcement of county, state, or federal regulations.
B. Unless otherwise noted, whenever reference is made to other regulations, publications or documents, such reference shall be construed as a reference to the most current version and citation for those regulations, publications or documents. Where referenced regulations have been repealed, Zoning Code requirements for compliance are no longer in effect.
(Ord. 170-04. Passed 3-23-04.)
1101.0801 Conflict with State or Federal Regulations.
If the provisions of this Zoning Code are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law.
(Ord. 170-04. Passed 3-23-04.)
1101.0802 Conflict with Other City regulations.
If the provisions of this Zoning Code are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision will control.
(Ord. 170-04. Passed 3-23-04.)
1101.0803 Conflict with Private Agreements and Covenants.
This Zoning Code is not intended to abrogate, annul, or otherwise interfere with any easement, covenant, deed restriction, or other private agreement or legal relationship otherwise in conformance with it. The City has no responsibility or authority for enforcing such private agreements or covenants.
(Ord. 170-04. Passed 3-23-04.)
1101.0901 Adoption.
The boundaries of the zoning districts established by this Zoning Code are shown on a map or series of maps designated the "Official Zoning Map," (effective September 19, 1959, as amended). The Official Zoning Map, including all notations, references, data and other information shown thereon, is adopted and made a part of this Zoning Code as fully as if it were contained within the pages of this Zoning Code. See Sec. 1101.1205 for conversion of existing zoning map districts and the new district designations.
(Ord. 170-04. Passed 3-23-04.)
1101.0902 Location.
The Official Zoning Map is located on the City of Toledo's official website on the Plan Commission webpage. In case of any dispute regarding the zoning classification of property subject to this Zoning Code, the maps maintained by the Plan Commission will govern. Administrative copies of the Official Zoning Map must also be on file in the office of the Plan Commission.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1101.0903 Updates.
The Planning Director is responsible for updating the Official Zoning Map to reflect amendments adopted by the City Council.
(Ord. 170-04. Passed 3-23-04.)
1101.0904 Zoning District Boundaries.
A. Unless otherwise indicated on the Official Zoning Map, zoning district boundaries follow lot lines, the centerlines of streets or alleys or the specified distance from such features, railroad right-of-way lines, or property lines, as indicated on the Official Zoning Map.
B. Where uncertainty exists about the boundaries of the zoning districts or when the street or property existing on the ground varies from that shown on the Official Zoning Map, the Planning Director is authorized to determine the location of such boundaries.
C. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way will be automatically extended to the center of such vacation, and all area included in the vacation will be subject to all applicable regulations of the extended districts.
D. All areas that are under water and not shown as included within any district, are subject to all regulations of the district that immediately abuts the submerged area. If the submerged area adjoins two or more districts, the boundaries of each district will be construed to extend to the center of the submerged area.
(Ord. 170-04. Passed 3-23-04.)
1101.1201 Violations Continue.
Any violation of the previous zoning regulations of the City will continue to be a violation under this Zoning Code and will be subject to penalties and enforcement under Chapter 1115 unless the use or development is consistent with the express terms of this Zoning Code, in which case enforcement action will cease, except to the extent of collecting penalties for violations that occurred before June 6, 2004. The adoption of this Zoning Code does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous City of Toledo zoning ordinance that occurred prior to June 6, 2004.
(Ord. 170-04. Passed 3-23-04.)
1101.1202 Nonconformities.
Any nonconformity under the previous zoning regulations of the City will also be a nonconformity under this Zoning Code, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this Zoning Code, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity. A situation that did not constitute a lawful nonconforming situation under the previously adopted zoning code does not achieve lawful nonconforming status under this Zoning Code merely by repeal of the previous zoning code.
(Ord. 170-04. Passed 3-23-04.)
1101.1203 Applications Submitted Before June 6, 2004.
Any building, structure, or development for which a complete application was submitted to the City before June 6, 2004 and pending approval on June 6, 2004 may, at the applicant's option, be reviewed wholly under the terms of the zoning code in effect immediately before June 6, 2004. If approved, such projects may be carried out in accordance with the development standards in effect at the time of application. Any re-application for an expired permit must meet the standards in effect at the time of re-application.
(Ord. 170-04. Passed 3-23-04.)
1101.1204 Permits Issued Before June 6, 2004.
Any building, structure, or development for which a permit was duly issued before June 6, 2004 may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building, structure, or development does not fully comply with provisions of this Zoning Code.
A. If development is not commenced or completed in accordance with the applicable permit terms, the issuing official may, upon receipt of a written request and payment of the required fee, grant one 6-month time extension for good cause shown.
B. If the building is not commenced or completed within the time allowed under the original permit or any extension granted, then the building, structure, or development must be completed or occupied only in strict compliance with the requirements of this Zoning Code.
(Ord. 170-04. Passed 3-23-04.)
1101.1205 Zoning District Designations.
The zoning district map designations in effect before June 6, 2004, are converted as follows:
Existing District | New District |
Existing District | New District |
Residential Districts | |
R-A | RS12 |
R-B | |
R-1 | RS9 |
R-2 | RS6 |
R-3 | RD6 |
R-2A | RM12 |
None | RM24 |
R-4 | RM36 |
R-4A | |
R-5 | |
R-MH | RMH |
Existing District | New District |
Existing District | New District |
Industrial Districts | |
M-1 | IL |
M-2 | IG |
M-4 | |
M-3 | IP |
Special Purpose Districts | |
P | POS |
None | IC |
Existing District | New District |
Existing District | New District |
Commercial Districts | |
C-1 | CN |
N-MX | |
C-2 | CO |
C-7 | |
C-6 - HS[1] | CS |
C-6 - LA[1] | |
C-6 - RE[1] | |
C-MX | CM |
C-3 | CR |
C4 | CR-SO |
C-5 | CD |
Existing District | New District |
Existing District | New District |
Overlay Districts | |
C.U.P. | None |
D.O.D. | -DO |
HD | -HO |
MR-O | -MRO |
None | -UNO |
None | -PO |
None | -SO |
Table Notes
[1] See Section 1111.1502
(Ord. 170-04. Passed 3-23-04.)