Toledo City Zoning Code
CHAPTER 1111
Development Approval Procedures
1111.0400 Summary of procedures.
The following table provides a summary of the procedures in this chapter. In the event of conflict between this summary table and the detailed procedures in this chapter, the detailed procedures govern.
Staff | HDC | PC | BZA | CC | Notice[1] |
Staff | HDC | PC | BZA | CC | Notice[1] | |
Text Amendments | R | — | <R> | — | <DM> | N |
Zoning Map Amendments | R | — | <R> | — | <DM> | N, P, M |
Special Uses | R | — | <R> | — | <DM> | N, P, M |
Site Plan Review | ||||||
Minor | DM | — | A | — | A | P. M[2] |
Major | R | — | <DM> | — | A | P, M |
Downtown Review (Physical Changes) | DM | — | A/DM[3] | — | A | — |
Downtown Review (Demolition) | R | — | DM | — | A | M |
Historic Districts (Designation/Expansion) | R | R | <R> | — | <DM> | N, P, M |
Certificate of Appropriateness | R | <DM> | A | — | — | M |
Administrative Certificate of Appropriateness | DM | A | A | — | — | M |
Institutional Master Plan | R | — | <R> | — | <DM> | N, P, M |
Maumee Riverfront Review | R | — | <DM> | — | A | M |
Certificate of Use and Occupancy | DM | — | — | <A> | — | — |
Variances | R | — | — | <DM> | — | M |
Exceptions | R | — | — | <DM> | — | M |
Written Interpretations | DM | — | ---- | <A>[4] | — | — |
Appeals of Bldg. Official's Zoning Decisions | — | — | — | <DM> | — | M |
Decision Making Bodies
HDC = Historic District Commission
PC = Plan Commission
BZA = Board of Zoning Appeals
CC = City Council
Staff = Plan Commission or the Div. of Building Inspection
Types of Procedures
R = Review Body
DM = Decision Making Body
A = Appellate Body
<xx> = Public Hearing Required
Types of Notice
N = Newspaper (published)
P = Posted (signs)
M = Mailed
When no local appellate body is specified, appeals are taken to court as provided by law.
Table Notes
[1] See Section 1111.0300
[2] For appeals only
[3] Planning Director has review and decision-making authority unless a Plan Commission members calls up the application for review by the full Plan Commission. Plan Commission acts as appeal body when Planning Director is decision-maker.
[4] Appeals processed as "Appeals of Administrative Decisions."
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.0101 Authority to File Applications.
An application for development review or approval under this Zoning Code must be filed by the person having legal authority to take action in accordance with the approval sought.
A. Unless otherwise expressly stated, that person is presumed to be the record owner, option holder, or duly authorized agent of the record owner. City officials are authorized to require proof of legal authority to take the action sought.
B. Review and decision-making bodies may initiate action with or without an application from the property owner. When a review or decision-making body initiates an application it does so without prejudice toward the outcome.
(Ord. 170-04. Passed 3-23-04.)
1111.0102 Pre-application Conference.
A. Each applicant for development approval is encouraged to arrange a preapplication conference with Plan Commission staff. Plan Commission staff will provide assistance to applicants and ensure that the appropriate review agencies are involved in such meetings.
B. At such time as the Toledo Design Center becomes fully functional as determined by the Planning Director, a development review application may be recommended for referral to the Toledo Design Center.
(Ord. 170-04. Passed 3-23-04.)
1111.0103 Form of Application.
Applications required under the Zoning Code must be submitted in a form and in such numbers as required by the Toledo City Plan Commission. Application forms and checklists of required submittal information shall be available in the Toledo City Plan.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)
1111.0104 Storm Water Discharge Control Plan.
Where necessary, an application for development approval shall include, for review and approval, a topographical plan indicating proposed control practices that will reduce pollutants from storm water runoff, both during development activity and upon completion.
A. The objectives and requirements of storm water discharge control are found in Chapter 941 of the Streets, Utilities and Public Services Code.
B. Review and approval of the topographical plan may be conducted by the Director of Public Utilities concurrently with review and approval of the application for development approval, or may be a condition of approval prior to the issuance of permits,
C. When a topographical plan has been approved for a site or parcel, no further submittal or approval of a topographical plan for the same development activity on the same site or parcel shall be required.
(Ord. 170-04. Passed 3-23-04.)
1111.0105 Application Filing Fees.
Applications must be accompanied by the fee amount that has been established by the City Council and available at the Toledo City Plan Commission. Fees are not required with applications initiated by review or decision-making bodies. Any fee refund is solely at the discretion of the Planning Director.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)
1111.0106 Application Completeness.
An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required filing fee.
A. The official responsible for accepting the application will make a determination of application completeness within 10 working days of application filing.
B. If an application is determined to be incomplete, the official responsible for accepting the application must notify the applicant along with an explanation of the application's deficiencies. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 60 days, the application will be considered withdrawn.
(Ord. 170-04. Passed 3-23-04.)
1111.0107 Wetlands Determination.
A. The presence of a wetland, and delineation of its boundaries, shall ordinarily be determined by the applicant through the performance of a field survey in accordance with the procedures set forth in the currently used 1987 Wetland Delineation Manual of the U.S. Army Corps of Engineers. Actual site conditions may demonstrate the presence of a wetland, not shown on the maps, which may require the applicant to comply with Section 404 of the Federal Clean Water Act.
B. The City shall assume no liability for the failure of an applicant to comply with Section 404 of the Federal Clean Water Act or other applicable law.
(Ord. 170-04. Passed 3-23-04.)
1111.0108 Letters of Zoning Verification.
Any person may request from the Planning Director a written zoning verification letter verifying the zoning currently applicable to a particular parcel.
(Ord. 170-04. Passed 3-23-04.)
1111.0109 City Council Notification.
Within 10 days of receipt of any application for a Zoning Map Amendment, Special Use, Major Site Plan Review or Institutional Master Plan the Planning Director shall notify City Council of the application.
(Ord. 170-04. Passed 3-23-04.)
1111.0110 Continuation of Public Hearings.
A public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuance is set for a date and time certain and that date and time is announced at the time of the continuance. If a public hearing is tabled or deferred for an indefinite period of time or postponed more than 3 months from the date of the originally scheduled public hearing, new public notice must be given before the rescheduled public hearing. The review or decision-making body is authorized to require that the party responsible for the deferral or postponement pay the cost of re-notification.
(Ord. 170-04. Passed 3-23-04.)
1111.0111 Action By Review Bodies.
In making their recommendation, review bodies may take any action that is consistent with the Toledo Municipal Code and the notice that was given, including recommending approval of the application, recommending approval with modifications or conditions, or recommending denial of the application.
A. Review bodies may recommend modifications, amendments, or the imposition of conditions on the application if the effect of the condition is to allow a less intensive use or zoning district than indicated in the application or to reduce the impact of the development or to reduce the amount of land area included in the application.
B. Review bodies may not recommend approval of a greater density of development, a more intensive use or a more intensive zoning district than was indicated in any public notice.
(Ord. 170-04. Passed 3-23-04.)
1111.0112 Action By Decision-Making Bodies.
Decision-making bodies may take any action that is consistent with regulations of the Toledo Municipal Code and the notice that was given, including approving the application, approving the application with modifications or conditions, or denying the application.
A. The decision-making body may impose conditions on the application or allow modifications or amendments if the effect of the condition, modification or amendment is to allow a less intensive use or zoning district than indicated in the application or to reduce the impact of the development or to reduce the amount of land area included in the application.
B. Decision-making bodies may not approve a greater density of development, a more intensive use or a more intensive zoning district than was indicated in any public notice.
C. Decision-making bodies are not required to approve the maximum density or intensity of use allowed.
(Ord. 170-04. Passed 3-23-04.)
1111.0113 Burden of Proof or Persuasion.
In all cases, the burden is on the applicant to show that an application complies with applicable review or approval criteria.
(Ord. 170-04. Passed 3-23-04.)
1111.0114 Conditions of Approval.
When the procedures of this chapter allow decision-making bodies to approve applications with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impact of the use or development.
(Ord. 170-04. Passed 3-23-04.)
1111.0115 Inaction by Review/Decision-Making Bodies.
A. When a review or decision-making body fails to take action on an application within any time limit that is specified in this chapter, that inaction will be interpreted as a recommendation of approval or a decision to approve, respectively.
B. Time limits for action may be extended if the applicant consents to the extension or when the applicant requests a deferral. If an applicant requests a deferral, their request constitutes automatic consent to an extension of any required processing time.
C. When a review body fails to take action on an application within the time required, the decision-making body is free to proceed with its own action on the matter without awaiting a recommendation.
(Ord. 170-04. Passed 3-23-04.)
1111.0201 Applicability.
Prior to any Plan Commission public hearings, if a Councilperson or the Planning Director believes that an application warrants a neighborhood meeting with persons required to be notified, then the Planning Director shall advise the applicant to hold a neighborhood meeting.
(Ord. 170-04. Passed 3-23-04.)
1111.0202 Neighborhood Meeting Notice.
For the purposes of this section, persons required to be notified shall include property owners required to be notified by law and Plan Commission policy as stated in Section 1111.0303, and representatives of identifiable neighborhood organizations (Section 145.06).
(Ord. 170-04. Passed 3-23-04.)
1111.0203 Neighborhood Meeting.
When a neighborhood meeting is advised, the applicant shall do the following:
A. Notify those persons required to be notified that a neighborhood meeting will be held prior to the scheduled Plan Commission hearing to explain and discuss the proposed development. The applicant shall be responsible for identifying and notifying the persons required to be notified. Notification shall be sent by regular mail.
B. Hold the neighborhood meeting at a time and location reasonably convenient to the persons required to be notified. The applicant shall notify the Clerk of Council and the Planning Director of the time, place and location of the meeting. The meeting format shall include an explanation of the project and time for questions, discussion and comment.
(Ord. 170-04. Passed 3-23-04.)
1111.0204 Summary of Neighborhood Meeting.
A. The applicant shall submit to the Planning Director a written report (no more than two pages in length) summarizing the neighborhood meeting and issues raised and resolved or unresolved. This report shall be due to the Planning Director 21 days prior to the hearing date for the application. The applicant's failure to submit the report may be grounds for deferral of the matter by the Plan Commission.
B. Persons required to be notified in attendance at the neighborhood meeting may also submit their own report (no more than two such reports containing no more than two pages) to the Planning Director 21 days prior to the hearing date for the application.
C. Reports received after the deadline of 21 days prior to the Plan Commission hearing shall be kept on file but shall not be part of the staff report. All reports received prior to the deadline shall be contained in the Plan Commission staff report as attachments.
(Ord. 170-04. Passed 3-23-04.)
1111.0205 Neighborhood Meeting after Plan Commission Hearing Exception.
In the event that a Councilperson determines that an application warrants a neighborhood meeting after the Plan Commission hears the application, but before the scheduled Council Zoning and Planning Committee review of the application, the applicant shall hold a neighborhood meeting using the procedures of Section 1111.0203, paragraphs A and B (except for the requirement to hold the meeting prior to the Plan Commission hearing.). Written reports of these meetings containing no more than two pages in length may be submitted by the applicant and persons required to be notified to the Clerk of Council for consideration by Council.
(Ord. 170-04. Passed 3-23-04.)
1111.0301 Content.
A. All notices required under this Zoning Code must:
1. Indicate the date, time and place of the public hearing or date of action that is the subject of the notice;
2. Describe the property involved in the application by street address or other means to appropriately identify the property.
3. Describe the nature, scope and purpose of the application or proposal; and
4. Indicate where additional information on the matter can be obtained.
B. Posted Notice Exception.
Content of the posted notice on a subject property at a minimum must indicate the application by street address, the type of request, and the telephone number where additional information on the matter can be obtained.
(Ord. 170-04. Passed 3-23-04.)
1111.0302 Newspaper Notice.
A. When the provisions of this Zoning Code require that "Newspaper Notice" be provided, the City is responsible for publishing notice in a daily newspaper of general circulation in the City of Toledo.
B. The notice must appear in the newspaper at least 30 days before the date of the City Council public hearing.
(Ord. 170-04. Passed 3-23-04.)
1111.0303 Mailed Notice.
When the provisions of this Zoning Code require that "Mailed Notice" be provided, the City must mail notice to all owners of the subject property and all owners of property abutting or directly across the street or place from the subject property as required by the Revised Code Chapter 713, and as established by Plan Commission policy.
A. Ownership information is to be obtained from the county auditor's current tax list, the Treasurer's mailing list or other list that may be specified by City Council.
B. Notices must be deposited in the U.S. mail at least 20 days before the date of the City Council public hearing.
C. When required notices have been properly addressed and deposited in the mail, failure of a party to receive such notice will not be grounds to invalidate any action taken.
D. Mailed notice is not required for zoning map amendments involving more than 10 parcels of land as listed on the current tax list; however, at the discretion of the Planning Director, notice may be mailed.
(Ord. 170-04. Passed 3-23-04.)
1111.0304 Posted Notice.
When the provisions of this Zoning Code require that "Posted Notice" be provided, the applicant must ensure that notice is posted on the subject property. Posted notice must be in the form of official signs provided by the Plan Commission and be done in a manner that makes the notice clearly visible to neighboring residents and passers-by from each street bordering the subject property.
A. One or more signs must be posted where instructed by the Planning Director. At least one sign must be posted for each lot frontage.
B. Required posted notice must be in place for at least 15 days before the hearing, meeting, or date of action that is the subject of the notice.
C. Failure to properly post signs is grounds for deferral or denial of the application. No one, except the applicant or an agent of the applicant or the City, shall remove or tamper with any such required sign during the period it is required to be maintained under this section.
D. The applicant must remove signs between 7 and 10 days of the date that the decision-making body takes action.
(Ord. 170-04. Passed 3-23-04.)
1111.0305 Public Meeting Notice.
When the provisions of this Zoning Code require a public hearing or provide for an appeal, the City also must provide public meeting notice in accordance with Chapter 107 of the Administrative Code.
(Ord. 170-04. Passed 3-23-04.)
1111.0306 Courtesy Notice.
As a matter of practice the City may provide broader notice to supplement the above notice provisions. Examples are:
A. When the official responsible for accepting the application or providing the notice determines that broader notice is necessary because of the extraordinary land use impacts likely to result from the proposal;
B. Attempt to provide notice to occupants of property within notice areas;
C. To interested persons and groups who have requested such notice;
D. To neighborhood organizations within the subject area;
E. Utilize new technologies of communication such as the Internet to upload review and decision-making bodies' agendas.
(Ord. 170-04. Passed 3-23-04.)
1111.0501 Initiation and Application Filing.
The Plan Commission or City Council may initiate Zoning Code text amendments.
(Ord. 170-04. Passed 3-23-04.)
1111.0502 Public Hearing Notice.
Newspaper notice of the City Council public hearing must be provided in accordance with Section 1111.0300.
(Ord. 170-04. Passed 3-23-04.)
1111.0503 Staff Review/Report.
Plan Commission staff will review each proposed text amendment in accordance with the criteria of Section 1111.0506 and, if deemed necessary, distribute the proposed amendment to other agencies and reviewers. Based on the results of those reviews, the staff will provide a report on the proposed amendment to the Plan Commission and City Council.
(Ord. 170-04. Passed 3-23-04.)
1111.0504 Plan Commission's Review/Recommendation.
The Plan Commission must hold a public hearing on proposed text amendments and recommend that the City Council approve, approve with modifications or deny the proposed amendment. In making its recommendation, the Plan Commission must use the criteria of Section 1111.0506.
A. In the case the proposed text amendment is disapproved by the Plan Commission such amendment may not be passed except by a three-fourths vote of the full membership of City Council.
B. The Plan Commission must make its recommendation to the City Council within 90 days of receipt of a complete application by the Plan Commission.
(Ord. 170-04. Passed 3-23-04.)
1111.0505 City Council Hearing and Decision.
Not less than 30 days after receiving the Plan Commission's recommendation or after having allowed the time required for the Plan Commission's consideration, the City Council must hold at least one public hearing on the proposed text amendment. Following the public hearing (at the same or subsequent meeting), the City Council must take action to approve, approve with modifications or deny the proposed amendment based on the criteria of Section 1111.0506.
(Ord. 170-04. Passed 3-23-04.)
1111.0506 Review and Decision-Making Criteria.
In reviewing and making decisions on proposed zoning text amendments, review and decision-making bodies must consider at least the following factors:
A. Whether the proposed text amendment corrects an error or inconsistency in the Zoning Code or meets the challenge of a changing condition; and
B. Whether the proposed text amendment is consistent with the Comprehensive Plan and the stated purpose of this Zoning Code (See Section 1101.0400).
(Ord. 170-04. Passed 3-23-04.)
1111.0601 Application Filing.
Applications must be filed with the Toledo City Plan Commission.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.0602 Public Hearing Notice.
Posted, and mailed notice of the Plan Commission public hearing, and posted, newspaper and mailed notice of the City Council public hearing, must be provided in accordance with Section 1111.0300.
(Ord. 170-04. Passed 3-23-04.)
1111.0603 Staff Review/Report.
Plan Commission staff will review each proposed zoning map amendment in accordance with the criteria of Section 1111.0606 and, if deemed necessary, distribute the proposed amendment to other agencies and reviewers. Based on the results of those reviews, the staff will provide a report on the proposed amendment to the Plan Commission and City Council.
(Ord. 170-04. Passed 3-23-04.)
1111.0604 Plan Commission's Review/Recommendation.
The Plan Commission must hold a public hearing on proposed zoning map amendments and recommend that the City Council approve, approve with modifications or deny the proposed amendment. In making its recommendation, the Plan Commission must use the criteria of Section 1111.0606.
A. In the case the proposed map amendment is disapproved by the Plan Commission, such amendment may not be passed except by a three-fourths vote of the full membership of City Council.
B. The Plan Commission must make its recommendation to the City Council within 90 days of receipt of a complete application by the Plan Commission unless the applicant concurs with a deferral.
(Ord. 170-04. Passed 3-23-04.)
1111.0605 City Council Hearing and Decision.
Not less than 30 days after receiving the Plan Commission's recommendation or after having allowed the time required for the Plan Commission's consideration, the City Council must hold at least one public hearing on the proposed zoning map amendment. Following the public hearing, at the same or subsequent meeting, the City Council must take action to approve, approve with modifications or deny the proposed amendment based on the criteria of Section 1111.0606.
(Ord. 170-04. Passed 3-23-04.)
1111.0606 Review and Decision-Making Criteria.
In reviewing and making decisions on proposed zoning map amendments, review and decision-making bodies must consider at least the following factors:
A. Consistency of the proposed rezoning with the Comprehensive Plan and the stated purpose of this Zoning Code (See Section 1101.0400);
B. Existing land uses within the general vicinity of the subject property;
C. The zoning classifications of properties within the general vicinity of the subject property;
D. The physical suitability of the subject property for the uses permitted under the existing and proposed zoning classifications;
E. The extent to which rezoning will positively or detrimentally affect properties within the vicinity of the subject property;
F. Whether the proposed amendment corrects an error or inconsistency in the Zoning Code or meets the challenge of a changing condition;
G. Whether the City and other service providers will be able to provide sufficient public safety, transportation, and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development; and
H. Whether the proposed rezoning will have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation.
(Ord. 170-04. Passed 3-23-04.)
1111.0607 Official Zoning Map.
Approved zoning map amendments must be indicated on the Official Zoning Map.
(Ord. 170-04. Passed 3-23-04.)
1111.0608 Successive Applications.
When the City Council denies a zoning map amendment application or the applicant withdraws an application after the first public hearing notice has been published in the newspaper, the Plan Commission staff may not accept or process another application for the same or similar amendment affecting the same property or a portion of it until the expiration of a 1-year period, extending from the date of denial by the City Council or withdrawal by the applicant.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.0609 Appeals.
Appeals of City Council decisions on zoning map amendments may be taken to the courts, as provided by law.
(Ord. 170-04. Passed 3-23-04.)
1111.0701 Application Filing.
Applications and a site plan of the proposed special use must be filed with the Toledo City Plan Commission.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.0702 Public Hearing Notice.
Posted, and mailed notice of the Plan Commission public hearing, and posted, newspaper and mailed notice of the City Council public hearing, must be provided in accordance with Section 1111.0300.
(Ord. 170-04. Passed 3-23-04.)
1111.0703 Staff Review/Report.
Plan Commission staff will review each proposed Special Use in accordance with the criteria of Section 1111.0706 and, if deemed necessary, distribute the proposed Special Use to other agencies and reviewers. Based on the results of those reviews, the staff will provide a report on the proposed Special Use to the Plan Commission and City Council.
(Ord. 170-04. Passed 3-23-04.)
1111.0704 Plan Commission's Review/Recommendation.
The Plan Commission must hold a public hearing on each proposed Special Use application and recommend that the City Council approve, approve with conditions or deny the proposed Special Use. In making its recommendation, the Plan Commission must use the criteria of Section 1111.0706.
A. In the case the proposed special use application is disapproved by the Plan Commission such application may not be passed except by a three-fourths vote of the full membership of City Council.
B. The Plan Commission must make its recommendation to the City Council within 90 days of receipt of a complete application by the Plan Commission.
(Ord. 170-04. Passed 3-23-04.)
1111.0705 City Council Hearing and Decision.
Not less than 30 days after receiving the Plan Commission's recommendation or after having allowed the time required for the Plan Commission's consideration, the City Council must hold at least one public hearing on the proposed Special Use. Following the public hearing, at the same or subsequent meeting, the City Council must take action to approve, approve with modifications or deny the proposed amendment based on the criteria of Section 1111.0706.
(Ord. 170-04. Passed 3-23-04.)
1111.0706 Review and Decision-Making Criteria.
In reviewing and making decisions on proposed Special Uses, review and decisionmaking bodies must consider at least the following factors:
A. Whether the proposed use meets the stated purpose of this Zoning Code (See Section 1101.0400);
B. Whether the proposed use complies with all applicable provisions of this Zoning Code;
C. Whether the proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other impacts associated with the use's operation);
D. How the proposed use will affect the value of other property in the neighborhood in which it is to be located;
E. Whether the City and other service providers will be able to provide sufficient public safety, transportation, and utility facilities and services to the subject property while maintaining sufficient levels of service for existing development; and
F. Whether the proposed use will have any adverse land or environmental impacts and, if so, whether those impacts can and will be mitigated.
(Ord. 170-04. Passed 3-23-04.)
1111.0707 Lapse of Approval.
A. A new Special Use Permit will lapse and have no further effect 1 year after its effective date unless:
1. a building permit has been issued and construction diligently pursued;
2. a Certificate of Use and Occupancy has been issued;
3. the use is established; or
4. the City Council extends the expiration period by no more than 6 months upon request filed before the expiration of the 1 year period.
B. A new or existing Special Use Permit also lapses upon abandonment of a project or revocation of a building permit. A project is deemed abandoned if the use has been discontinued for a period of 1 year or more or if the permit holder notifies the Planning Director in writing that the project has been abandoned.
C. Use and occupancy permits for Special Uses are valid for the period established by the City Council or as long as the use is established and maintained in conformance with the plans submitted to and approved by City Council. This is in addition to any rescission of a use and occupancy permit based on Building Code violations.
D. If the ownership of the property transfers, or the operator of the special use changes, prior to the establishment of the special use, the new permit holder (owner or operator) must submit written notice to the Planning Director indicating knowledge of, and agreement with, all terms and conditions set forth in the Ordinance approving the Special Use Permit.
(Ord. 170-04. Passed 3-23-04; Ord. 345-10. Passed 6-22-10.)
1111.0708 Amendments to Approved Special Uses.
Minor amendments to approved Special Use permits may be approved by the Planning Director. Major amendments require full review and approval in accordance with the procedures of this Section (Sec. 1111.0700).
A. An application will be considered a major amendment to an approved Special Use Permit when any of the following criteria are met:
1. an increase in building footprint size by more than 10 percent, cumulative;
2. an increase in the cumulative floor area by more than 10 percent or 1,500 square feet, whichever is less;
3. an increase in building height by more than 10 percent or 6 feet, whichever is less;
4. an increase in the cumulative impervious surface coverage by more than 10 percent or 2,000 square feet, whichever is less;
5. new uses, defined as uses falling under a different use category or use type in Sec. 1116.0200, or improvements not previously approved, extensive site modification involving location of buildings, razing and reconstruction of approved uses;
6. an increase in the number of dwelling units or residential occupancy by more than 10 percent;
7. for schools, a change in the hours of operation resulting in a shift of the majority of academic classes from daytime to evening or vice versa; or
8. the Planning Director determines that the proposed change will have impacts that warrant full review of the application in accordance with the customary Special Use procedures.
B. An application that is not classified as a major amendment will be considered a minor amendment.
(Ord. 170-04. Passed 3-23-04; Ord. 345-10. Passed 6-22-10.)
1111.0709 Successive Applications.
When the City Council denies a special use application or the applicant withdraws an application after the first public hearing notice has been published in the newspaper, the Plan Commission staff may not accept or process another application for the same or similar special use affecting the same property or a portion of it until the expiration of a 1-year period, extending from the date of denial by the City Council or withdrawal by the applicant.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.0710 Appeals.
Appeals of City Council decisions on Special Use permits may be taken to the courts, as provided by law.
(Ord. 170-04. Passed 3-23-04.)
1111.0801 Purpose.
The purpose of requiring Site Plan Review and approval is to ensure compliance with the standards of this Zoning Code; minimize land use conflicts; and encourage the compatible physical design and arrangement of buildings, off-street parking, lighting, landscaping, drainage, vehicle and pedestrian access, all in a manner that will promote public safety and convenience and will preserve property values.
(Ord. 170-04. Passed 3-23-04.)
1111.0802 Applicability.
A. Minor Site Plan Review. Minor Site Plan Review is required for all of the following:
1. All nonresidential developments containing up to 49,999 square feet of floor area;
2. Proposed off-street parking developments with between 5 and 59 spaces;
3. Multi-unit residential developments containing more than 4 dwelling units and less than 40 dwelling units. See Section 1106.0300 for multiple buildings on a lot; and
4. At such time as the Toledo Design Center becomes fully functional as determined by the Planning Director, any development, regardless of square footage size, number of off-street parking spaces or number of dwelling units, that has received from the Toledo Design Center documentation of having successfully utilized their design and planning assistance.
5. Whenever expressly required by any other part of this Zoning Code.
B. Major Site Plan Review. Major Site Plan Review is required for all of the following:
1. All nonresidential developments with a floor area of more than 50,000 square feet;
2. Proposed off-street parking with 60 or more spaces; and
3. Multi-family residential development containing 40 or more dwelling units. See Section 1106.0300 for multiple buildings on a lot; and
4. Whenever expressly required by any other part of this Zoning Code.
(Ord. 170-04. Passed 3-23-04.)
1111.0803 Exemption.
The Site Plan Review procedures of this section do not apply to developments for which plans have been reviewed and approved pursuant to the Special Use procedures of this Zoning Code. This provision is intended to clarify that Site Plan Review is not required for projects that have received equivalent review through other procedures of this Zoning Code.
(Ord. 170-04. Passed 3-23-04.)
1111.0804 Initiation and Application Filing.
Site Plan Review applications must be filed with the Toledo City Plan Commission.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.0805 Decision-Making Authority.
A. Minor Site Plan Review. The Planning Director shall have final decision-making authority on Minor Site Plan Review applications unless otherwise expressly stated in this section.
B. Major Site Plan Review. The Plan Commission shall have final decision-making authority on Major Site Plan Review applications unless otherwise expressly stated in this section.
(Ord. 170-04. Passed 3-23-04.)
1111.0806 Public Hearing Notice.
Posted and mailed notice of the Plan Commission's consideration of a Major Site Plan Review application must be provided in accordance with Section 1111.0300.
(Ord. 170-04. Passed 3-23-04.)
1111.0807 Review/Action.
A. Minor Site Plan Review. The Planning Director will review each complete application for Minor Site Plan Review and, within 45 days, take one of the following actions:
1. Approve the application;
2. Identify those revisions or modifications that would allow approval of the application;
3. Approve the application with conditions;
4. Disapprove the application; or
5. Forward the application to the Plan Commission for review and action.
(Ord. 274-07. Passed 5-1-07.)
B. Major Site Plan Review.
1. The Planning Director will review each complete application for Major Site Plan Review and, within 90 days, recommend that the Plan Commission take one of the following actions:
a. Approve the application;
b. Identify those revisions or modifications that would allow approval of the application;
c. Approve the application with conditions; or d. disapprove the application.
2. The Plan Commission must hold a public hearing on the Major Site Plan Review application and take one of the following actions:
a. Approve the application;
b. Identify those revisions or modifications that would allow approval of the application;
c. Approve the application with conditions; or d. disapprove the application.
(Ord. 170-04. Passed 3-23-04.)
1111.0808 Notice of Decision.
Notice of the decision of the Planning Director or Plan Commission must be mailed to the applicant.
(Ord. 170-04. Passed 3-23-04.)
1111.0809 Approval Criteria.
In order to be approved, the submitted plan must comply with all of the following criteria:
A. The plan must comply with all standards of the Toledo Municipal Code, this Zoning Code and other adopted City policies;
B. The proposed use must be allowed in the district in which it is located;
C. Vehicular ingress and egress to and from the site and circulation within the site must provide for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well; and
D. The plan must provide for the safe, efficient and convenient movement of pedestrians on the subject site.
(Ord. 170-04. Passed 3-23-04.)
1111.0810 Appeal of Site Plan Decisions.
A. Appeals of the Planning Director's decision on a Minor Site Plan Review application may be taken to the Plan Commission by filing a notice of appeal with the Planning Director. Appeals must be filed within 10 days of the Planning Director's decision. Public notice of appeals shall be provided by posted and mailed notice in accordance with Section 1111.0300.
B. Appeals of the Plan Commission's decision, in the case of Major Site Plan Review applications or Minor Site Plan Review applications appealed to the Plan Commission, may be appealed to the City Council by filing a notice of appeal to the Planning Director and the Clerk of City Council. Appeals must be filed within 10 days of the Plan Commission's decision.
(Ord. 170-04. Passed 3-23-04.)
1111.0811 Right to Appeal Site Plan Decisions.
A. Any person aggrieved by a final decision on a site plan application may make an appeal.
B. An appeal shall be accompanied by a written statement from the aggrieved party setting forth the grounds for the appeal. Grounds for appeal shall include at least one of the following:
1. A description of the asserted error or abuse of the discretion by the Planning Director or Plan Commission.
2. A description of how it is claimed a standard or review criteria was incorrectly applied.
3. A description of how the decision creates an inconsistency with the City's Comprehensive Plan or this Zoning Code.
(Ord. 170-04. Passed 3-23-04.)
1111.0812 Action on Appeal of a Site Plan.
In the case of appeals, the Plan Commission or City Council must consider the appealed decision as a new matter. After considering the matter, the Plan Commission or City Council must act on the original Site Plan Review application. The procedure is to be the same as required of the original action before the Plan Commission staff.
(Ord. 170-04. Passed 3-23-04.)
1111.0813 Modifications and Revisions to Approved Site Plans.
A. An applicant who wishes to alter or revise an approved Minor Site Plan must contact the Planning Director to determine if a revised plan must be resubmitted for review in accordance with the procedures of Section 1111.0807A.
B. An applicant who wishes to alter or revise an approved Major Site Plan must be reviewed in accordance with the procedures of Section 1111.0807B. when any of the following criteria are met:
1. An increase in building footprint size by more the 10 percent, cumulative;
2. An increase the cumulative floor area by more than 10 percent or 1,500 square feet, whichever is less.
3. An increase in building height by more than 10 percent or 6 feet, whichever is less;
4. An increase in the cumulative impervious surface coverage by more than 10 percent or 2,000 square feet, whichever is less;
5. New improvements not previously approved, extensive site modification involving location of buildings, razing and reconstruction of approved buildings;
6. An increase in the number of dwelling units or residential occupancy by more than 10 percent; or
7. The Planning Director determines that the proposed change will have impacts that warrant full review of the application in accordance the customary Major Site Plan procedures.
C. An applicant who wishes to alter or revise an approved Major Site Plan and is not classified in any of the above criteria of Section 1111.0813B. must contact the Planning Director to determine if a revised plan must be resubmitted for review in accordance with the procedures of Section 1111.0807A.
(Ord. 170-04. Passed 3-23-04.)
1111.0814 Lapse of Approval.
If no building permit is issued for the site within 2 years from the date of Site Plan approval, the approved plan shall lapse and become null and void. In such cases, no building permits may be issued until a new application is submitted and approved. Applicant may request an extension to a date certain prior to expiration by submitting a letter to the Plan Director describing the hardship.
(Ord. 346-21. Passed 6-22-21.)
1111.0815 Approval plus Variance.
If a development proposal requires both a site plan and a variance as provided for in Section 1111.1700, the applicant shall proceed through the Site Plan Review process first. The applicant shall seek the variance only after obtaining approval under the provisions of this section.
(Ord. 170-04. Passed 3-23-04.)
1111.0901 Required Review.
Before a physical change or demolition is commenced and before a use and occupancy certificate, building permit or other permit or license is issued within the boundaries of the -DO district (See Section 1103.0200), site plans, building plans or any other plans as required by the Plan Commission for review, must be submitted to the Planning Director. The Plan Commission may review proposals without detailed plans in order to reduce the time and expense of review in those cases where the Plan Commission finds it can feasibly judge the proposal independently of such detailed plans. Reviews must be carried out in accordance with this section.
(Ord. 170-04. Passed 3-23-04.)
1111.0902 General Provisions.
A. Cost of Emergency Repairs or Demolition. The cost of emergency repairs or demolition necessitated by explosion, fire or act of God and that results in imminent danger of personal injury or property damage, must be considered separately from other work.
(Ord. 170-04. Passed 3-23-04.)
1111.0903 Review of Physical Changes.
A. Review and Approval Authority. Proposals for physical change must be filed with the Planning Director. Within 10 working days the Planning Director shall notify the Plan Commission of any filings for physical change. The Planning Director will review proposals for approval or disapproval unless any Plan Commission member specifically requests that the proposal be placed on the Plan Commission's agenda for review. Such a request must occur prior to the Planning Director's decision and within 15 working days of the filing date.
B. Review Process. The Planning Director must complete the review within 30 days of the application filing date. In the event that the Planning Director does not take action within 30 days, the application must be placed on the next regularly scheduled Plan Commission agenda for review.
C. Review Criteria.
The -DO District review process must complement the Downtown Toledo Master Plan, adopted by Ordinance 280-02, by identifying proposed changes that would conflict with the Downtown Toledo Master Plan and its implementation. During the review of proposed physical changes, consideration must be given to such items as:
1. The development of sufficient off-street parking areas as part of the Downtown Toledo Master Plan based on location, system of streets and public transportation facilities.
2. Compatibility with the downtown urban design guidelines in Section 1103.0205.
(Ord. 170-04. Passed 3-23-04.)
1111.0904 Demolition Review.
A. Applicability. All demolition requests are subject to review under the provisions of this subsection (Section 1111.0904).
B. Authority. The Plan Commission has review and approval authority for Demolition Review under this section after seeking comment from the City Historic District Commission for review and comment.
C. General Review Criteria. When application is made to demolish a structure that is subject to the provisions of this Section, the Plan Commission must approve the application when it finds that an economic hardship exists in that:
1. There is no reasonable economic use or return for the structure as it exists;
2. Deterioration has progressed to the extent that rehabilitation is not economically sound; or
3. The structure is of no reasonable value to the -DO District.
D. Economic Hardship Criteria.
The Plan Commission, in making a determination of economic hardship, may consider any relevant information, including, without limitation, the following criteria:
1. Alternative uses are not feasible because they cannot earn a reasonable economic return in relation to all the following:
a. Estimate of the cost of the proposed redevelopment, alteration, demolition, or removal and an estimate of any additional cost that would be incurred for changes necessary for the continued use of the building.
b. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structures on the property and their suitability for rehabilitation;
c. Estimated market value of the property in its current condition; after completion of the proposed redevelopment, alteration, demolition or removal; and after changes for the renovation of the existing property for continued use; and
d. Testimony from an architect, developer, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.
2. The current economic return on the property in relation to all the following:
a. The amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased;
b. If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow after debt service, if any, during the same period;
c. Real estate taxes for the previous two years and assessed value of the property according to the most recent assessed valuation; and
d. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property.
3. The property is not able to be sold, considered in relation to any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two years, including testimony and relevant documents regarding:
a. Any real estate broker or firm engaged to sell or lease the property;
b. Reasonableness of the price or rent sought by the applicant; and
c. Any advertisements placed for the sale or rent of the property.
4. Economic incentives and/or funding available to the applicant through federal, state, city or private programs.
5. Other information considered by the Plan Commission to be significant in determining whether the property does yield or may yield a reasonable return to the owner.
E. Additional Demolition Review Procedures. After receipt of a demolition application, the Plan Commission must make a decision on the application.
2. The Plan Commission must hold an initial hearing on the application within 45 days of the date of filing of the application with mailed notice in accordance with Section 1111.0300. The Plan Commission may:
a. Approve the application upon a finding that an economic hardship exists under Section 1111.0300; or
b. May impose a waiting period of at least 30 days and not longer than 6 months from the date of the hearing of the application upon a finding that no economic hardship exists under Section 1111.0904D. This finding may include written recommendations to the applicant.
3. Upon the imposition of a waiting period, the Plan Commission must undertake meaningful and continuing discussions during the waiting period in order to find a means of preserving the structure. The Plan Commission and applicant must investigate the feasibility of preserving the structure. During this period the Plan Commission and the applicant must make reasonable efforts to find a demolition alternative for the structure.
a. If the Plan Commission and applicant do not agree on a means of preserving the structure at the initial meeting, then they must continue to undertake meaningful and continuing discussions at least every 30 days after the initial meeting.
b. During these meetings, the Plan Commission must give written notice to the applicant when the Plan Commission believes that the structure may be saved if the applicant agrees to a longer waiting period.
5. The Plan Commission must announce at the initial public hearing that further information from any interested party may be made part of the record by submitting such information to the Planning Director by a date certain, and the Planning Director must transmit any such information received to the Plan Commission and the applicant.
6. The Plan Commission must seek the help of downtown leaders and suggest that they and the Plan Commission work together on developing an alternative to demolition by a date certain.
7. If, after reviewing all relevant information, the Plan Commission finds that an economic hardship exists under Section 1111.0904D., then the Plan Commission must approve the application.
8. If the Plan Commission, or upon appeal the City Council, and the applicant cannot agree on an alternative to demolishing the structure within the specified waiting period, then the application must be approved as a matter of law.
9. During the waiting period, the owner of such structure must reasonably maintain the structure to reduce further deterioration.
10. The applicant may appeal a decision of the Plan Commission, including the imposition of a waiting period, to the City Council for a determination pursuant to Section 1111.0905.
11. At the end of each year the Plan Commission must prepare a report summarizing the demolitions that year and the reasons for these demolitions. These summaries must be given to the Mayor, City Council, and interested downtown organizations.
(Ord. 170-04. Passed 3-23-04.)
1111.0905 Appeals.
A. The applicant or any other interested person, including any member of the Plan Commission, may appeal any decision of the Planning Director under this section by giving written notice to the Planning Director within 10 days after the Planning Director's action. No work on the proposed change may be commenced during the time for appeal or while an appeal is pending.
B. The Plan Commission must hear appeals or proposals that are properly called up for review, within 45 days of the time of appeal from the Planning Director or call up by the Plan Commission.
C. The applicant or any other interested person may, within 10 days after a Plan Commission decision, appeal the decision to City Council by filing written notice of the appeal with the Plan Commission and the Clerk of City Council, in which case the study and decision of the Plan Commission shall be forwarded to the City Council for a final decision by the City Council within 45 days. No work on the proposed change may be commenced during the time for appeal or while an appeal is pending.
(Ord. 170-04. Passed 3-23-04.)
1111.1001 Generally.
Historic Districts and landmarks must be designated or expanded in accordance with the zoning map amendment procedures of Section 1111.0600 except as expressly modified by the provisions of this section.
(Ord. 170-04. Passed 3-23-04.)
1111.1002 Initiation.
Proposals to designate or expand Historic Districts and landmarks must be initiated by resolution of the City Council, with referral to the Plan Commission and the City Historic District Commission for study and recommendation.
(Ord. 170-04. Passed 3-23-04.)
1111.1003 Information Required.
Proposals to designate or expand Historic Districts and landmarks must include the following documentation:
A. An architectural survey of the same quality as required for listing on the National Register of Historic Places;
B. A boundary description; and
C. A description of the architectural and historical significance of the area or property.
(Ord. 170-04. Passed 3-23-04.)
1111.1004 Report Contents.
The reports of the Plan Commission and City Historic District Commission, containing their written recommendations to the City Council, must include information about how the proposed Historic District or landmark, or expansion, is of special historical and architectural significance. The reports must include the following:
A. Whether the district or landmark proposed to be designated is listed on the National Register of Historic Places;
B. Whether the district or landmark proposed to be designated provides significant examples of architectural styles of the past; and
C. A description of the district or landmark to serve as an informational resource. The description must include, but need not be limited to, the following:
1. A geographic description including location and its relationship to the entire City;
2. A description of the general land uses;
3. A general description of the building conditions;
4. A general description of the socio-economic characteristics;
5. A description of existing developmental plans or programs within or including the historic district or landmark; and
6. A list of neighborhood organizations within or serving the Historic District or landmark.
(Ord. 170-04. Passed 3-23-04.)
1111.1005 Notification of Designation.
Upon designation, the Clerk of the City Council must promptly notify the Commissioner of Building Inspection, the Planning Director and the City Law Director.
(Ord. 510-21. Passed 9-28-21.)
A. The Law Director must then cause the designation to be recorded by the Lucas County Recorder.
B. The Planning Director must notify interested or affected property owners, groups, City departments, boards and commissions.
(Ord. 170-04. Passed 3-23-04.)
1111.1101 Applicability.
No contractor, owner or other person may make any environmental changes to any property designated as a historic landmark or within a designated Historic District unless a valid written Certificate of Appropriateness has been issued by the respective Historic District Commission in accordance with the procedures of this section.
(Ord. 170-04. Passed 3-23-04.)
1111.1102 Exemptions.
A. Nothing in this section will be construed to prevent ordinary maintenance or repair of any exterior architectural feature of any property that does not involve a change in design, material or other appearance thereof covered by the Historic District Commission's standards and guidelines.
1. Whenever the Commissioner of the Division of Building Inspection or the Commissioner of Code Enforcement receives a public nuisance complaint involving a landmarked structure or structure within a historic district, the Commissioner must notify the Planning Director within two working days after receipt of such nuisance complaint.
(Ord. 510-21. Passed 9-28-21.)
2. In no event may an oral demolition permit be issued under this exclusion to allow abatement of public nuisances unless the municipal official authorized to issue such permits has certified, in writing, that the public health, safety, or welfare, is in immediate danger unless such oral permission is granted.
C. Nothing in this section will authorize a Historic District Commission to regulate or review development of the interior of a building or structure that does not affect the exterior thereof.
(Ord. 170-04. Passed 3-23-04.)
1111.1103 Initiation.
Applications for a Certificate of Appropriateness for environmental changes upon landmarks or within designated Historic Districts shall be submitted directly to the Planning Director on forms provided by the Plan Commission, together with four complete sets of all applicable plans, designs, elevations, specifications and documents relating thereto.
(Ord. 170-04. Passed 3-23-04.)
1111.1104 No Retroactive Certificates.
Applications for retroactive Certificates of Appropriateness shall not be accepted, and retroactive Certificates of Appropriateness shall not be issued.
(Ord. 170-04. Passed 3-23-04.)
1111.1105 Planning Director's Review and Report.
Upon receipt of all pertinent documents, the Planning Director:
A. Must inform the applicant of the review procedures and application requirements;
B. Has the authority to request from the applicant additional pertinent information regarding the proposed environmental change;
C. Must inform the respective Historic District Commission members of the Certificate of Appropriateness applications.
(Ord. 170-04. Passed 3-23-04.)
1111.1106 Public Hearing Notice.
Mailed notice of the Historic District Commission public hearing must be provided in accordance with Section 1111.0300. In addition to those to be notified pursuant to that section, notice must be provided to:
A. Any interested citizen who has filed with the Historic District Commission a formal request for such notice; and
B. Other owners, residents and neighborhood organizations as determined by the Historic District Commission to carry out the intent of this section.
(Ord. 170-04. Passed 3-23-04.)
1111.1107 Initial Hearing Procedures.
A. A public hearing on an application for a Certificate of Appropriateness must be conducted at the next regularly scheduled Historic District Commission meeting, no later than 45 days after the filing of the application. The Historic District Commission chairperson may call special meetings with the applicant for consultation at his or her own discretion or at the request of the Commissioner of Building Inspection and/or Planning Director prior to the regularly scheduled Historic District Commission meeting.
B. At the Historic District Commission's discretion, a maximum of one deferral not to exceed 45 days beyond the originally scheduled hearing date may be granted. This does not apply to requests for demolition, which are governed by Section 1111.1108.
C. The chairperson will conduct meetings of the Historic District Commission and a record of minutes must be kept and maintained for at least 6 years. All meetings must be open to the public and the minutes of meetings must be a public record.
D. The applicant and all interested parties either supporting or opposing such issuance must be permitted to present information and arguments.
E. In ruling upon an application for a Certificate of Appropriateness, the Historic District Commission must consider the following:
1. The adherence of the environmental change to the landmark's or district's adopted standards and guidelines; and
2. The effect of the Historic District Commission's decision upon the applicant.
F. At the hearing, the Historic District Commission must issue an oral decision followed by a written decision within 7 days after the date of the hearing, setting forth with specificity its findings and issue a Certificate of Appropriateness. In the event that no action is taken within 45 days, the Certificate of Appropriateness must be issued as a matter of law.
G. Building permit applications to the Division of Inspection for construction or rehabilitation work within a designated historic district shall not be accepted or approved unless three of four complete sets of building plans, where required in Section 1305.04 of the Building Code, detailing the proposed construction or rehabilitation work bear the official endorsement stamp of the respective Historic District Commission on each and every page, signed by the chairperson thereof or their duly authorized designee and a Certificate of Appropriateness is issued with the three sets of plans. The fourth set of stamped plans shall remain in the office of the Plan Commission.
H. Unless the work described in the Certificate of Appropriateness is commenced within one year and continued progress is made and is completed within two years, the Certificate of Appropriateness will expire as a matter of law. The respective Historic District Commission may grant an extension of time for good cause shown.
I. In the event that the owner, contractor, subcontractor, or other person to whom a Certificate of Appropriateness has been issued either violates the terms or conditions thereof or deviates from the approved plans, designs, elevations, and specifications therein, then the Commissioner of Building Inspection may revoke such Certificate and further deny issuance of the building, use and occupancy and/or demolition permit for such Certificate. In no event may the Commissioner of Building Inspection approve retroactively any amendment to a Certificate of Appropriateness.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)
1111.1108 Demolition Hearing Procedures.
A. Where application is made for a Certificate of Appropriateness to demolish a landmarked structure or structure within a designated Historic District, the respective Historic District Commission must grant the application and issue the certificate when one or both of the following conditions are found to exist:
1. The structure for which demolition is sought contains no features of architectural or historic significance, and it does not contribute to maintaining the character of the Historic District; or
2. There is no reasonable economic return for the structure as it exists and there is no feasible alternative to demolition submitted to the applicant by concerned organizations or individuals who wish to preserve the structure.
B. Economic Hardship Standards and Criteria.
The Historic District Commission, in making a determination of economic hardship, may consider any relevant information, including but not limited to the following standards and criteria:
1. Alternative uses and the economic return they will earn in relation to all the following:
a. Estimate of the cost of the proposed redevelopment, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the Historic District Commission for changes necessary for the continued use of the building and the issuance of a Certificate of Appropriateness;
b. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structures on the property and their suitability for rehabilitation, including any existing evidence that deterioration has progressed to the extent that rehabilitation is not practical;
c. Estimated market value of the property in its current condition, based on an independent MAI-certified appraiser; after completion of the proposed redevelopment, alteration, demolition or removal; and after changes recommended by the Historic District Commission for the renovation of the existing property for continued use; and
d. Testimony from a third party architect, developer, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property, taking into consideration any existing evidence that deterioration has progressed to the extent that rehabilitation is not practical.
2. The current economic return on the property in relation to all the following:
a. The amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased;
b. If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation deduction and annual cash flow after debt service, if any, during the same period;
c. Real estate taxes for the previous two years and assessed value of the property according to the most recent assessed valuation; and
d. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property.
3. The property is not able to be sold, considered in relation to any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two years, including testimony and relevant documents regarding:
a. Any real estate broker or firm engaged to sell or lease the property;
b. Reasonableness of the price or rent sought by the applicant; and
c. Any advertisements placed for the sale or rent of the property.
4. Economic incentives and/or funding available to the applicant through federal, state, city or private programs.
5. Other information considered by the respective Historic District Commission to be significant in determining whether the property does yield or may yield a reasonable return to the owner.
C. Alternatives To Demolition Submitted By Others. In deciding on the feasibility of an alternative to demolition, the Historic District Commission must find that the alternative plan meets the following requirements:
1. It contains a credible short-term and long-term program for the protection and use of the building;
2. It contains financial and architectural plans prepared by architects, engineers, real estate professionals, and other persons experienced in the rehabilitation and reuse of historic buildings; and
3. It has been submitted to the applicant as a good faith proposal containing an offer to enter into a contract at a price that reflects the fair market value of the property based upon three independent MAI-certified appraisers.
D. Additional Application Requirements. An applicant must meet with the Historic District Commission or the Plan Commission staff, and the applicant must then submit evidence on the following standards and criteria.
1. For a demolition application to be considered by the Historic District Commission, the application must contain sufficient information so that the Historic District Commission may adequately analyze the application in relation to its standards and criteria and then make a factual decision on the application.
2. The application shall include photographs and a written description of the present condition of the structure for which demolition is sought. The applicant shall include information about any changes in the condition of the structure during the previous two years.
3. At the initial meeting with the applicant, the Historic District Commission or the staff must indicate the information the Historic District Commission will need for a valid application.
4. For applications based on a lack of reasonable economic return, the applicant has the burden of showing that the property in question is incapable of earning a reasonable economic return in the absence of the proposed demolition. The showing must be made in accordance with the standards and criteria set forth in Section 1111.1108B.
5. The Planning Director must notify the applicant of any deficiencies in the documentation or other evidence provided.
6. Failure of the applicant to submit the required documentation and/or evidence will be construed as a failure on the part of the applicant to meet that standard for which the documentation and/or evidence is lacking.
7. After receipt of a completed application in which all required information is attached, the Historic District Commission must make a determination on the applicant's submission in accordance with the time frames set forth herein.
E. The Plan Commission staff must evaluate each application in accordance with the standards and criteria contained in Section 1111.1108A. and Section 1111.1108B. and must provide a written evaluation and report. The report must be presented to the respective Historic District Commission on or before the Historic District Commission's initial hearing.
F. The respective Historic District Commission must hold an initial hearing on the application as set forth in Section 1111.1107. The Historic District Commission, at the initial hearing, may delay a determination on the application and may impose a waiting period of at least 30 days and not longer than 9 months upon a finding that the structure is of value to the Historic District and that alternatives to demolition may be feasible and should be actively pursued by both the Historic District Commission and the applicant. This finding may include written recommendations to the applicant.
G. Upon the imposition of a waiting period, the Historic District Commission must undertake meaningful and continuing discussions during the waiting period in order to find a means of preserving the structure.
1. The Historic District Commission and applicant must investigate the feasibility of all means of preserving the structure. During this period the Historic District Commission and the applicant must make every reasonable effort to find a demolition alternative for that structure.
2. If the Historic District Commission and applicant do not agree on a means of preserving the structure at the initial meeting, then they must continue to undertake meaningful and continuing discussions at least every 30 days after the initial meeting. During these meetings, the Historic District Commission must give written notice to the applicant when the Historic District Commission believes that the structure may be saved if the applicant agrees to a longer waiting period.
H. The Historic District Commission may develop its own information on the standards and criteria in Section 1111.1108, and this information must be made part of the record on the application.
I. The Historic District Commission must announce at the initial public hearing that further evidence or documentation from any interested party may be made part of the record by submitting such information to the Planning Director by a date certain. These materials may include one or more plans for an alternative to demolition prepared by concerned organizations or individuals. The Planning Director must transmit any such information received to the Historic District Commission and the applicant.
J. When the demolition application is first received, the Historic District Commission must seek the help of neighborhood leaders and suggest that they and the Historic District Commission work together on developing an alternative to demolition. The Historic District Commission shall arrange one or more meetings between the applicant and any organizations and individuals working on an alternative to demolition.
K. The Historic District Commission may cause to be established a three-person economic review panel. The review panel will be comprised of three real estate and redevelopment experts knowledgeable in the economics of renovation, redevelopment and other aspects of rehabilitation.
1. The panel will consist of one person selected by the Historic District Commission, one person selected by the applicant and one person selected by the first two appointments. If the first two appointments cannot agree on a third person, the third appointment will be selected by the Planning Director.
2. Within 60 days after the economic review panel is established and before the end of the 6th month of the waiting period, the panel must review the evidence and complete an evaluation of the economic return issue, applying the standards and criteria set forth in Section 1111.1108B. It must forward a written report on this evaluation to the Historic District Commission.
L. If, after reviewing all of the evidence, the Historic District Commission finds as follows below, then the Historic District Commission must issue the Certificate of Appropriateness, conditionally or otherwise. If the Historic District Commission finds that the standards, criteria, and requirements are not satisfied, the Certificate of Appropriateness will be denied. For the Certificate to issue, the Historic District Commission must find that:
1. The standards and criteria set forth in Section 1111.1108B. are satisfied; and
2. There is no feasible alternative to demolition, per the requirements of paragraph C. above.
M. If the applicant or a representative fails to meet with the Historic District Commission at the times specified, or to participate in a meeting arranged by the Historic District Commission, then the Historic District Commission may deny a Certificate of Appropriateness.
N. During the waiting period, the owner of such structure must maintain or mothball the structure to prevent further deterioration. If the application for a Certificate of Appropriateness is denied, the applicant must develop a program for continuing maintenance for the structure to ensure that the deterioration of the structure is not caused by the neglect of the structure by its owner or by a tenant. Such program must address the condition of the structure, the money currently available for repairs and maintenance, and any funds or in-kind assistance that may be available from interested third parties.
P. After each demolition of a landmarked structure or within a Historic District, the Historic District Commission must prepare a brief report on that structure giving the reasons why the demolition took place. The report must be given to the Plan Commission and interested neighborhood organizations. At the end of each year the Historic District Commission must prepare a report summarizing the demolitions that year and the reasons for these demolitions. These summaries must be given to the Mayor, City Council, the Plan Commission and interested neighborhood organizations.
(Ord. 170-04. Passed 3-23-04.)
1111.1109 Appeals.
A. Decisions by the Planning Director may be appealed by the applicant to the Historic District Commission. Notice of appeal must be made within 7 days of the decision. The appeal must be heard at the next regularly scheduled meeting of the respective Historic District Commission.
B. Decisions by the Historic District Commission may be appealed by the applicant or any other interested person to the Plan Commission, in writing, within 7 days of the Historic District Commission hearing provided for in Section 1111.1107. Applications must be accompanied by the fee amount that has been established by the City Council.
C. The Plan Commission will consider an appeal filed pursuant to this section within 30 days of receipt of notice of appeal, and must utilize the written findings of that Historic District Commission to review economic, historic, architectural and aesthetic features of such structure, the nature and character of the surrounding area, the use of such structure and its cultural importance to the City. A majority vote of the Plan Commission is required to overturn a decision of the Historic District Commission.
D. In cases involving denial of an application for a Certificate of Appropriateness for demolition pursuant to Section 1111.1108, the Historic District Commission and the applicant must present such evidence as will be relevant to the conditions set forth in Section 1111.1108A and Section 1111.1108B. and must further present evidence upon the efforts made, if any, to find a feasible and prudent alternative to demolition during the pendency of the appeal.
1. In such cases, the Plan Commission may, in its discretion, and to facilitate the production of the evidence contemplated herein, defer its final decision to a date no later than 9 months from the initial Historic District Commission hearing.
2. The Plan Commission may direct the applicant and the Historic District Commission to continue discussions as provided for in Section 1111.1108G. for the balance of the waiting period.
E. Decisions by the Plan Commission will be deemed final administrative orders for appellate purposes and will be thereafter regulated by Revised Code Chapter 2506.
F. No Certificate of Appropriateness, building permit, or other permit necessary for the activity applied for, including environmental changes, may be issued, or if issued will be valid, during the appeal time provided in Section 1111.1109B., during the pendency of a timely-filed appeal before the Plan Commission, or during the time prescribed in Revised Code Chapter 2506 for an appeal of a decision of the Plan Commission.
(Ord. 170-04. Passed 3-23-04.)
1111.1201 Development Review.
A. Applicability. Unless otherwise expressly exempted below, development review shall be required prior to new construction, redevelopment or rehabilitation in the IC, Institutional Campus district. To comply with the development review requirements of this section, applicants have the option of:
1. Submitting and securing approval of an Institutional Master Plan, in accordance with the procedures of Section 1111.1300, for the IC district as a whole; or
2. Securing Special Use approval, in accordance with the Special Use procedures of Section 1111.0700, for each individual development proposal.
B. Exemptions. The following shall be exempt from the development review requirements of this section:
1. Development that complies with a valid, approved, and unexpired Institutional Master Plan; and
2. Interior or exterior building alterations if the alteration will not result in an increase in the number of employees or the creation of or need for additional parking spaces.
(Ord. 170-04. Passed 3-23-04.)
1111.1301 Purpose.
The Institutional Master Plan review and approval procedures are intended to provide a framework for development of large institutions in campus settings. Approval of an Institutional Master Plan is intended to permit flexibility in site development and in the design and arrangement of buildings that is not possible when development occurs on a lot-by-lot basis. In addition, it is intended that the master planning process and resulting Institutional Master Plan protect the integrity of adjacent neighborhoods. Institutional Master Plans are intended to create efficient, functional, and attractive areas that incorporate a high level of amenities and meet public objectives for protection and preservation of Toledo's neighborhoods. The provisions are intended to ensure appropriate uses and structures within Institutional Master Planned areas and between institutional areas and areas adjacent to them. The provisions are specifically intended to:
A. Maintain the integrity of existing residential neighborhoods and protect such areas from the adverse land use impacts sometimes associated with large institutional uses;
B. Ensure safe and adequate pedestrian and vehicular movements;
C. Offer predictability for institutions as they contemplate expansion and improvement efforts; and
D. Offer a predictable framework for the City in its efforts to make sound public investment decisions.
(Ord. 170-04. Passed 3-23-04.)
1111.1302 Application Filing.
Applications for Institutional Master Plan approval must be filed with the Toledo City Plan Commission.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.1303 Master Planning Area.
An Institutional Master Plan shall include all the area of the subject institution within the IC District and a boundary of influence extending out not less than 300 feet from the boundary of the IC District, unless the Planning Director establishes a different area requirement based on a review of the following:
A. Physical area occupied or controlled by the existing institution;
B. Trends in property values;
C. Redevelopment potential of surrounding areas;
D. Proximity of other institutional uses;
E. Condition of structures; and
F. Level of area vacancy.
(Ord. 170-04. Passed 3-23-04.)
1111.1304 Planning Requirements.
An Institutional Master Plan shall, at a minimum, include the following information unless the Planning Director determines that such information is not necessary to evaluate the proposed Institutional Master Plan and the institution's future impacts on surrounding neighborhoods.
A. Planning Horizon; Expiration and Lapse of Approval. The Institutional Master Plan shall cover at least a 6-year period unless the City Council approves a different Planning Horizon at the time of Institutional Master Plan approval.
B. Mission and Objectives. The Institutional Master Plan shall include a statement that defines the organizational mission and objectives of the institution and description of how all development contemplated or defined by the Institutional Master Plan advances the goals and objectives of the institution. The statement should describe the population to be served by the institution, and any projected changes in the size or composition of that population. It should also specify any services to be provided to residents in adjacent neighborhoods and in other areas of the region.
C. Existing Property and Uses. The Institutional Master Plan shall include a description of land, buildings, and other structures occupied by the institution as of the date of submission of the Institutional Master Plan. At a minimum, the following information shall be required:
1. Illustrative site plans showing the footprints of each existing and proposed building and structure, roads, sidewalks, parking, landscape features and other significant site improvements;
2. Land and building uses;
3. Floor area in square feet;
4. Building height in stories and feet;
5. Landscaping and lighting concept plans; and
6. A description of off-street parking and loading areas and facilities, including a statement of the approximate number of parking spaces in each area or facility.
D. Needs of the Institution. The Institutional Master Plan shall include a summary and projection of the institution's current and future needs for the following facilities:
1. Academic;
2. Service;
3. Research;
4. Office;
5. Housing;
6. Patient care;
7. Public assembly;
8. Parking; and
9. Other facilities related to the institutional use.
E. Development Envelope. The Institutional Master Plan shall include a description of the land area and "development envelope" within which future development will occur. The development envelope shall be described in narrative and through the use of drawings or models. The intent of this provision is to provide the institution with certainty regarding the future development potential of the site subject to the Institutional Master Plan while protecting the integrity of adjacent neighborhoods. The Institutional Master Plan shall include the following in describing the development envelope:
1. Floor area ratio;
2. Average daily and peak-hour traffic;
3. Height;
4. Setbacks;
5. Total site area of open space; and
6. Total number of parking spaces to be provided.
F. Transportation Management Plan. The Institutional Master Plan shall include a transportation and parking management plan that identifies any traffic mitigation measures to be employed.
G. Pedestrian Circulation Plan. The Institutional Master Plan shall include pedestrian circulation guidelines and objectives, including a description of the circulation system to be provided through the campus and plans for ensuring the accessibility of pedestrian areas and open spaces.
H. Urban Design Guidelines. The Institutional Master Plan shall include design guidelines and objectives for new and renovated buildings and structures to assure their appropriateness with surrounding neighborhoods and districts and to minimize potential adverse impacts on such neighborhoods. Urban design guidelines shall include listings of appropriate materials, height, bulk, massing, and colors that will be used to guide the course of proposed and future development.
I. Neighborhood Protection Strategy. The Institutional Master Plan shall identify standards and programs that will be put in place to ensure that the quality of the surrounding neighborhoods is maintained or enhanced.
(Ord. 170-04. Passed 3-23-04.)
1111.1305 Public Hearing Notice.
Posted, and mailed notice of the Plan Commission public hearing, and newspaper and mailed notice of the City Council public hearing, must be provided in accordance with Section 1111.0300.
(Ord. 170-04. Passed 3-23-04.)
1111.1306 Planning Director's Review and Report.
The Planning Director shall review each proposed Institutional Master Plan and, if deemed necessary, distribute the application to other reviewers. Based on the results of those reviews, the Planning Director shall provide a report to the Plan Commission and City Council.
(Ord. 170-04. Passed 3-23-04.)
1111.1307 Plan Commission Review and Recommendations.
The Plan Commission must hold a public hearing on the application and recommend approval, approval with conditions or denial of the application based on the Approval Criteria of Section 1111.1309.
A. In case the proposed application is disapproved by the Plan Commission, such application may not be passed except by a three-fourths vote of the full membership of City Council.
B. The Plan Commission must make its recommendation to the City Council within 90 days of receipt of a complete application by the Plan Commission.
(Ord. 170-04. Passed 3-23-04.)
1111.1308 City Council's Review and Decision.
After receiving the recommendation of the Plan Commission, the City Council shall consider the Institutional Master Plan application. After holding at least one public hearing on the proposed Institutional Master Plan, the City Council shall act to approve, approve with conditions, or deny the application based on the Approval Criteria of Section 1111.1309.
(Ord. 170-04. Passed 3-23-04.)
1111.1309 Approval Criteria.
The City Council may approve an Institutional Master Plan application only if it determines that the proposed use/development in its proposed location:
A. Is consistent with adopted plans of the City and the stated purposes of this Zoning Code;
B. Complies with all applicable standards of this Zoning Code;
C. Will not result in significant adverse impacts to other property in the vicinity of the subject tract or to the natural environment;
D. Will not have significant adverse impacts on the livability of nearby residentialzoned lands due to:
1. Noise, glare from lights, late-night operations, odors, and litter; and
2. Privacy, traffic and other safety issues.
E. Any differences in appearance or scale from the surrounding area will be mitigated through setbacks, screening, landscaping, or other design features;
F. Has adequate mitigation measures for any other identified adverse impacts.
(Ord. 170-04. Passed 3-23-04.)
1111.1310 Effect of Approval.
A. Property covered by a valid, approved, Institutional Master Plan shall be entitled to building permits to develop in accordance with the approved Institutional Master Plan until the Plan expires or is amended in accordance with the procedures of this section.
B. Review pursuant to Special Use or Major Site Plan Review shall not be required for development in accordance with a valid, approved, and unexpired Institutional Master Plan.
(Ord. 170-04. Passed 3-23-04.)
1111.1311 Amendments.
A. The procedure for amending an approved Institutional Master Plan shall be the same as required for a new Institutional Master Plan under this section, except that the Planning Director may approve minor revisions administratively. Minor revisions shall be interpreted as those that meet all of the following criteria:
1. Will not result in the addition of more than 3,000 square feet of floor area; and
2. Will not result in the coverage of more than 10,000 square feet of site area.
B. The Planning Director has discretion to require minor revisions to go through the amendment process.
(Ord. 170-04. Passed 3-23-04.)
1111.1401 Required Review.
A. No person shall make a change, as defined below, before such change is approved unless it has been exempted under the terms of this section or is for emergency work.
B. Emergency work may be commenced concurrent with an application for review when there is imminent danger of personal injury or material damage to property. Plans for emergency change shall be filed for review as soon as possible not later than the first working day after repairs have commenced. No building, use and occupancy, Health Department or other permit or license shall be issued for a change required to be reviewed under this section unless the change has been approved or is proceeding as emergency work under concurrent review.
C. For the purposes of the -MRO District, "change" means:
1. Development of premises;
2. Occupancy of vacant premises; or
3. Commencement of a different land use.
(Ord. 170-04. Passed 3-23-04.)
1111.1402 Application Filing.
Before a change is commenced, site plans, building plans, and elevations and operational plans as required by the Plan Commission for its review, shall be submitted to the Plan Commission. The Plan Commission may review proposals without detailed plans as provided in Section 1111.1403.
(Ord. 170-04. Passed 3-23-04.)
1111.1403 Administrative Review.
Review of changes not otherwise exempted, related to existing uses, which involve paragraphs 1111.1403A. and 1111.1403B. below may be reviewed by the Planning Director within 30 days following his receipt thereof. The Planning Director shall mail or give personal delivery of written notice of each proposal or plan to the Plan Commission within one working day after it is approved and report on such proposals at the first Plan Commission meeting following approval. A building permit may be issued 15 days after approval unless an appeal is filed. Whether the Planning Director approves or disapproves the proposal, the Planning Director shall inform the applicant and the Plan Commission in writing of his or her decision. The applicant or any member of the Plan Commission may, within 15 days thereafter, appeal the decision to the Plan Commission, by written notice to the Plan Commission for their review and determination.
A. A total expenditure of less than two hundred fifty thousand dollars ($250,000) or 25 percent of the total appraised value of the premises, as listed by the Lucas County Auditor, whichever is the lesser amount; and
B. All proposals pursuant to Section 1111.1406.
(Ord. 170-04. Passed 3-23-04.)
1111.1404 Plan Commission Review.
A. The Plan Commission shall hold a public hearing, with mailed notice in accordance with Section 1111.0300, on proposed changes not eligible for review by the Planning Director under Section 1111.1403, and on any items reviewed by the Planning Director and which are properly appealed. Such hearing shall be held within 60 days after the request for review by the Plan Commission is filed.
B. If the Plan Commission approves the plans, building permits may be issued in accordance therewith 10 days thereafter, unless appealed.
(Ord. 170-04. Passed 3-23-04.)
1111.1405 Appeals.
Any aggrieved party may, within 10 days after the Plan Commission decision, appeal the decision to City Council by filing written notice of appeal with the Plan Commission, and the Clerk of the City Council, in which case the study and decision of the Plan Commission shall be forwarded to the City Council for a final decision by Council within 45 days.
(Ord. 170-04. Passed 3-23-04.)
1111.1406 Limited Exemption from Review.
A. Proposed changes by existing industrial uses which involve a total projected expenditure of less than two hundred fifty thousand dollars ($250,000) or 25 percent of the appraised value of the premises as listed by the Lucas County Auditor, whichever is the lesser, shall be exempt from review provided:
1. They do not involve a change in land use, or the external configuration of a main structure, external-oriented signing, or substantial change in the grade of the land or access thereto.
2. The cumulative total of such expenditures, over any 3-year period, on the same structure or project is not reasonably expected to, and does not exceed the lesser amount specified above.
B. Proposed changes by industrial uses not otherwise exempt, located within the portion of the -MRO District designated by Section 1103.0405 as principally for industry, and in accordance with the underlying zoning, shall be limited to the following site plan and environmental review items including:
1. Location, height, and bulk of buildings;
2. Traffic access, roadways, parking;
3. Buffering, screening, site grading and erosion;
4. Signage;
5. Provision for public access.
C. Proposed changes to existing detached house, attached house, and duplex uses involving new construction, remodeling, building additions, accessory structures and garages when in conformance with Zoning and Building Codes.
(Ord. 170-04. Passed 3-23-04.)
1111.1407 General.
No permit required for uses or development reviewed under this section shall be issued without final approval under this section. Approval may be granted for the plans as submitted, or conditionally subject to stated modifications, or may be denied with written reasons for the denial supplied to the applicant.
(Ord. 170-04. Passed 3-23-04.)
1111.1408 Review Criteria.
A. Reviews under this section shall be based on: consideration of the intent, principles and standards of the -MRO District, regulations for the underlying zoning district; the Downtown Toledo Master Plan as most recently approved by City Council and amendments thereto, as approved by City Council; the Comprehensive Plan as amended by City Council with the adoption of the Maumee Riverfront Plan and amendments thereto.
B. The review shall include, but is not limited to, consideration of the following specific items:
1. The relation of the proposed use and/or development to surrounding or otherwise affected property in terms of location, amount, character, and continuity of open space; protection of desirable principal views; public access where feasible, height and bulk of structures.
2. Convenience of access through and between buildings or in other locations where appropriate for public purposes and where such access will reduce pedestrian congestion on public streets.
3. Separation of pedestrian and vehicular traffic.
4. Signs, lighting, landscaping.
5. Advisory comments received from the Toledo-Lucas County Port Authority, the United States Army Corps of Engineers, the Toledo Metropolitan Area Council of Governments, the Toledo Environmental Services Agency, the Ohio Environmental Protection Agency, and United States Environmental Protection Agency and such other agencies as may be affected from time to time. Official permits and approvals from such agencies may be considered evidence of minimal environmental impact in the specific category covered by such permit or approval, though such permits and approvals are not necessarily required prior to review and approval under this section.
6. Such other matters as are appropriate to determinations in the circumstances of the case, particularly matters related to the purpose and intent of the -MRO District.
C. The following uses are set out as examples of development meeting the general purpose and intent of the -MRO:
1. Public parks, recreation and cultural facilities.
2. Scenic drives, walkways, bicycle paths.
3. Commercial recreation facilities, including small boat marinas, open to the public.
4. Restaurants and other food service facilities open to the public which orient public assembly areas to the river.
5. Indoor theaters, auditoriums, cultural and arts and crafts display areas.
6. Government buildings needed for service to the area or open to the public.
7. Office buildings in and adjacent to the Central Business District.
8. Boutiques and similar specialty shops and retail establishments particularly when located within or adjacent to a landmark or historic district which by their design and merchandising carry out the theme concept and purpose of the landmark or district or otherwise complement the waterfront area.
9. Public service facilities having a peculiar locational need.
10. Multi-dwellings on large sites or in areas not predominantly developed with detached houses, attached houses, duplexes, or incompatible commercial or industrial uses, but not within the flood hazard area.
11. Uses which are directly and necessarily related to water front locations, such as boat and ship repair and ship building, layover and winter dock facilities for freighters and other commercial watercraft.
12. Water-oriented industrial facilities within the Industry and Water-Oriented Industry subdistrict of the -MRO district (see Section 1103.0405) and such other sites as would be appropriate for the particular industrial use and in accordance with the purpose and guidelines of this section. A water-oriented facility is hereby defined as one which:
a. Operates docks, loading and unloading facilities for waterborne commerce as the only or primary activity;
b. Stores materials unloaded from or to be loaded on ships at the site where stored, which materials cannot readily be moved from or to the dock area at the time of loading or unloading;
c. Processes materials unloaded from ships which materials are primarily intended for reshipment by water from locations where such unloading and processing takes place; or
d. Processes materials unloaded from ships at the unloading location, which material could not readily be shipped elsewhere.
(Ord. 170-04. Passed 3-23-04.)
1111.1409 Conflicts of Regulations.
Where there are conflicts between the development standards of the underlying base zone, the design standards of Chapter 1109, and the -MRO review criteria, the -MRO review criteria will govern.
(Ord. 170-04. Passed 3-23-04.)
1111.1501 Referral to Commercial District Organization.
The Planning Director shall refer a copy of new development, redevelopment, and existing building rehabilitation plans submitted in accordance with this zoning code to the commercial district organization within the CS District for their review prior to any work or any permits being issued by the City. The commercial district organization shall make its recommendations known to the Planning Director.
(Ord. 170-04. Passed 3-23-04.)
1111.1502 Standards and Guidelines.
The adopted Land Development Standards and Guidelines for the Lagrange Business District and Heritage South Business District shall remain in effect in their respective areas. In the event of conflict between the CS District regulations and these adopted Land Development Standards and Guidelines, the Land Development Standards Guidelines shall govern.
(Ord. 170-04. Passed 3-23-04; Ord. 94-10. Passed 3-2-10.)
1111.1601 Certificate Required.
No building hereafter erected or structurally altered shall be occupied or used, until a Certificate of Use and Occupancy has been issued by the Commissioner of Building Inspection.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.1602 Certificate of Use and Occupancy for a Building.
A Certificate of Use and Occupancy for a new building or the alteration of an existing building shall be applied for at the same time as the application for a building permit, and a certificate shall be issued within five days after the erection or alteration of such building, provided such erection or alteration has been completed in conformity with the provisions of this Zoning Code and the Toledo Building Code.
(Ord. 170-04. Passed 3-23-04.)
1111.1603 Plans.
All applications for building permits or Certificates of Use and Occupancy shall be accompanied by three sets drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, legal description, and such other information as may be necessary to provide for the enforcement of this Zoning Code.
A. A careful record of such applications and plans shall be kept in the office of the Division of Building Inspection.
(Ord. 510-21. Passed 9-28-21.)
B. Any conditions imposed by decision-making bodies shall be filed with the application.
(Ord. 170-04. Passed 3-23-04.)
1111.1604 Contents of Certificate.
The Certificate of Use and Occupancy shall state that the building, or proposed use of a building or land, complies with all the building and health laws and ordinances and with the provisions of this Zoning Code.
A. A record of all certificates shall be kept on file in the office of the Division of Building Inspection.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.1701 Applicability.
This section sets forth required procedures for review and approval of variances from the standards of this Zoning Code. Variances are intended to address unnecessary hardships or practical difficulties resulting from strict application of zoning standards. The variance procedures of this section may not be used to permit a use in a zoning district that is not otherwise allowed in that district, nor may the variance procedures be used to waive, vary or otherwise circumvent a condition of approval or requirement imposed by another decision-making body.
(Ord. 170-04. Passed 3-23-04.)
1111.1702 Application Filing.
Applications for zoning variances must be submitted to the Division of Building Inspection.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.1703 Public Hearing Notice.
Mailed notice of the Board of Zoning Appeals hearing must be provided in accordance with Section 1111.0300.
(Ord. 170-04. Passed 3-23-04.)
1111.1704 Board of Zoning Appeals' Hearing and Decision.
A. The Board of Zoning Appeals must hold at least one public hearing on the proposed variance.
B. Following the hearing, at the same or subsequent meeting, the Board of Zoning Appeals must take action to approve, approve with conditions, or deny the proposed variance.
(Ord. 170-04. Passed 3-23-04.)
1111.1705 Approval Criteria.
Zoning variances shall only be approved when the Board of Zoning Appeals finds substantial evidence in the official record to support at least five of the following findings:
A. Unnecessary hardships or practical difficulties apply to the subject land, buildings or uses which are not generally applicable to other land, buildings, structures, or uses in the same zoning district;
B. The undue hardship or practical difficulties are not the result of the actions of the property owner or applicant, their agent, employee, or contractor;
C. Granting the requested variance will not result in advantages or special privileges to the applicant or property owner that the Zoning Code denies to other land, structures, or uses in the same district, and that the variance is the minimum variance necessary to provide relief;
D. The variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance;
E. The variance is not inconsistent with the stated purpose and intent of this Zoning Code (See Section 1101.0400);
F. Granting this request will not change or alter the overall image and character of the neighborhood, or introduce new materials or colors that are incompatible with the neighborhood; and
G. The variance is not an after-the-fact approval of an intentional violation.
(Ord. 170-04. Passed 3-23-04; Ord. 437-24. Passed 9-11-24.)
1111.1706 Express Limitation of Authority.
A. Issues that are under the express jurisdiction of the Plan Commission or applicable Historic District Commission shall not be subject to a variance. When the procedures of the Zoning Code expressly state that decisions of the Planning Director are to be appealed to other review and decision-making bodies, those decisions shall not be subject to a variance.
B. The variance does not overrule any decisions of the Plan Commission, applicable Historic District Commission, or City Council on matters over which the Plan Commission or City Council has final decision-making authority under this Zoning Code.
(Ord. 170-04. Passed 3-23-04.)
1111.1707 Findings of Fact.
All decisions on zoning variances must be supported by an affirmative finding of fact on each of the approval criteria of Section 1111.1705. Findings must be supported by sworn testimony and substantial evidence in the record of proceedings.
(Ord. 170-04. Passed 3-23-04.)
1111.1708 Notice of Decision.
Within 10 days after a final zoning variance decision is made by the Board of Zoning Appeals, copies of the written decision must be sent to the applicant and filed with the Division of Building Inspection, where it will be available for public inspection during regular office hours.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.1709 Lapse of Approval.
A. An approved variance will lapse and have no further effect one year after its effective date unless:
1. A building permit has been issued and construction diligently pursued;
2. A Certificate of Use and Occupancy has been issued; or
3. The building or structure is established.
B. A variance also lapses upon revocation of a building permit for violations of conditions of approval
C. A variance lapses if the use has been voluntarily discontinued for a period of two years or more.
(Ord. 170-04. Passed 3-23-04.)
1111.1710 Optional Administrative Procedure.
A. Any person seeking a variance has the option of having the variance reviewed by the Commissioner of Building Inspection in lieu of a formal Board of Zoning Appeals' hearing. This administrative review must be conducted in accordance with rules and procedures adopted by the Board of Zoning Appeals.
B. The rules and procedures adopted by the Board of Zoning Appeals for the administrative review procedure must include provisions for appropriate public notification and input, including the following:
1. Mailed notice must be provided in accordance with Section 1111.0300.
2. A formal Board of Zoning Appeals hearing must be held in all cases where an affected property owner files an objection to the Commissioner of Building Inspection's decision.
3. The Board of Zoning Appeals must be notified monthly of cases decided administratively.
C. Any person who elects to have their case reviewed by this administrative review procedure may, after receipt of the decision of the Commissioner of Building Inspection, appeal the decision to the Board of Zoning Appeals for a formal hearing. This hearing must be conducted at the next regularly scheduled meeting of the Board of Zoning Appeals, unless the next meeting occurs 7 days or less after receipt of the appeal of the Commissioner's decision, in which case the appeal will be heard at the second next scheduled meeting of the Board of Zoning Appeals.
D. The Commissioner of Building Inspection, in exercising the rules and procedures of this administrative review procedure, has the same power as the Board of Zoning Appeals to grant variances.
E. This administrative review procedure does not apply to appeals of orders issued by the Commissioner of Building Inspection concerning violations or enforcement of this Zoning Code. Those appeals are subject to a full Board of Zoning Appeals hearing.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.1711 Transferability.
The status of a variance is not affected by changes of tenancy, ownership, or management.
(Ord. 170-04. Passed 3-23-04.)
1111.1712 Amendments.
A request for changes in conditions of approval of a variance, or a change to development plans that would affect a condition of approval, must be processed as a new application.
(Ord. 170-04. Passed 3-23-04.)
1111.1713 Appeals.
Any person who is directly affected by a zoning variance decision of the Board of Zoning Appeals may appeal the decision to the Court of Common Pleas, as provided by law.
(Ord. 170-04. Passed 3-23-04.)
1111.1801 Applicability.
Exceptions are intended to allow the efficient and expeditious disposition of requests for modification or exemptions from strict application of the Zoning Code under very specific circumstances where the decision requested has, by its nature, little prospect of significantly impacting neighboring land or the community as a whole. The following constitute exceptions pursuant to this Section:
A. Extension of a district for a distance of not more than 25 feet, where the boundary line of a district divides a parcel or parcels in single ownership on September 14, 1959.
B. Reconstruction of a nonconforming structure that has been destroyed or partially destroyed, where there is some compelling public necessity requiring the continuation of the nonconformity.
C. Modification of the interpretation and application of the provisions of this Zoning Code where the street layout actually in existence varies from the street layout as shown on the Official Zoning Map.
D. Enclosure of an existing porch with less than a minimum of 60 percent glass or other translucent material on exterior walls above the porch floor that extends within the front setback for a distance of not more than 10 feet, subject to the following:
1. Consideration of the need for open, rather than enclosed, porches within yards as part of the open space proximate to dwellings, for the benefit of the dwelling's occupants and of the neighborhood.
2. Consideration of the need for the particular enclosure to provide reasonable living amenities for the dwelling generally, rather than for a particular occupant, and the alternatives for providing such amenities.
3. Consideration of the probable effect on the character of development and property values in the neighborhood, both negative and positive, and the desirability of encouraging owners to invest in those improvements in older neighborhoods that tend to increase living amenities and stabilize property values.
4. Authorizing the enclosure will not impair an adequate supply of light and air to adjacent property, create a traffic hazard in streets, increase the danger of fire or imperil the public safety, unreasonably diminish established property values in the surrounding areas, or in any other respect impair the health, safety, convenience, or general welfare of the inhabitants of the City.
E. Provision of a reasonable accommodation to a person with a disability.
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17.)
1111.1802 Application Filing.
Applications for zoning exceptions must be submitted to the Division of Building Inspection.
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17; Ord. 510-21. Passed 9-28-21.)
1111.1803 Public Hearing Notice.
Mailed notice of the Board of Zoning Appeals hearing must be provided in accordance with Sec. 1111.0300.
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17.)
1111.1804 Board of Zoning Appeals' Hearing and Decision.
The Board of Zoning Appeals must hold at least one public hearing on the proposed exception.
A. Quasi-judicial. The Board of Zoning Appeals' public hearing is a quasi-judicial hearing.
B. Decision. Following the hearing, at the same or subsequent meeting, the Board of Zoning Appeals must take action to approve, approve with conditions, or deny the proposed exception.
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17.)
1111.1805 Approval Criteria.
Zoning exceptions shall be approved only when the Board of Zoning Appeals finds substantial evidence in the official record to support the findings expressly required by Sec. 1111.1801 as inherent to the exception and the following additional findings:
A. the exception, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the exception; and
B. the exception is not inconsistent with the stated purpose and intent of this Zoning Code (See Sec. 1101.0400).
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17.)
1111.1806 Findings of Fact.
All decisions on zoning exceptions must be supported by an affirmative finding of fact on each of the approval criteria.
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17.)
1111.1807 Notice of Decision.
Within 10 days after a final zoning exception decision is made by the Board of Zoning Appeals, copies of the written decision must be sent to the applicant and filed with the Division of Building Inspection, where it will be available for public inspection during regular office hours.
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17.)
1111.1808 Lapse of Approval.
A. An approved exception will lapse and have no further effect 1 year after its effective date unless:
1. A building permit has been issued and construction diligently pursued;
2. a Certificate of Use and Occupancy has been issued; or
3. the building or structure is established.
B. An exception also lapses upon revocation of a building permit.
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17.)
1111.1809 Optional Administrative Procedure.
A. Any person seeking an exception has the option of having the exception reviewed by the Commissioner of Building Inspection or the Chief Building Official in lieu of a formal Board of Zoning Appeals' hearing. This administrative review must be conducted in accordance with rules and procedures adopted by the Board of Zoning Appeals.
B. The rules and procedures adopted by the Board of Zoning Appeals for the administrative review procedure must include provisions for appropriate public notification and input, including the following:
1. Mailed notice must be provided in accordance with Sec. 1111.0300.
2. A formal Board of Zoning Appeals hearing must be held in all cases where an affected property owner files an objection to the Commissioner of Building Inspection or the Chief Building Official.
3. The Board of Zoning Appeals must be notified monthly of cases decided administratively.
C. Any person who elects to have their case reviewed by this administrative review procedure, may, after receipt of the decision of the Commissioner of Building Inspection or the Chief Building Official appeal the decision to the Board of Zoning Appeals for a formal hearing. This hearing must be conducted at the next regularly scheduled meeting of the Board of Zoning Appeals, unless the next meeting occurs 7 days or less after receipt of the appeal of the Commissioner's decision, in which case the appeal will be heard at the second next scheduled meeting of the Board of Zoning Appeals.
D. If a person is requesting a Reasonable Accommodation, the following shall apply:
1. A request for a "Reasonable Accommodation Exception" means a request to modify land use, zoning, and building regulations, policies, practices, or procedures in order to give people with disabilities an equal opportunity to use and enjoy a dwelling.
2. All requests for Reasonable Accommodation Exceptions shall be reviewed administratively under the procedures of Sec. 1111.1809 except that Sec. 1111.1809 (B) (1 & 2) does not apply, and there shall not be any mailed notice. The Commissioner of Building Inspection or the Chief Building Official shall issue a written determination of the request no later than thirty (30) days from the date the request is filed.
3. In determining a request for a Reasonable Accommodation Exception, the Commissioner of Building Inspection or the Chief Building Official shall consider the following factors:
i. the necessity of the accommodation to afford a person with a disability an equal opportunity to use and enjoy a dwelling;
ii. if the requested accommodation requires fundamental alterations to zoning laws, rules, policies, practices, and procedures;
iii. if the requested accommodation imposes an undue financial or administrative burden on the city.
Other factors may be considered if they are explicitly listed in the written determination.
E. The Commissioner of Building Inspection or the Chief Building Official, in exercising the rules and procedures of this administrative review procedure, has the same power as the Board of Zoning Appeals to grant exceptions.
(Ord. 170-04. Passed 3-23-04; Ord. 304-17. Passed 7-25-17.)
1111.1810 Transferability.
The status of an exception is not affected by changes of tenancy, ownership, or management.
(Ord. 170-04. Passed 3-23-04.)
1111.1811 Amendments.
A request for changes in conditions of approval of an exception, or a change to development plans that would affect a condition of approval, must be processed as a new application.
(Ord. 170-04. Passed 3-23-04.)
1111.1812 Appeals.
Any person who is directly affected by a zoning exception decision of the Board of Zoning Appeals may appeal the decision to the Court of Common Pleas.
(Ord. 170-04. Passed 3-23-04.)
1111.1901 Application Filing.
A. Any person may apply to the Director of the Planning Commission for a written interpretation of this Zoning Code.
(Ord. 510-21. Passed 9-28-21.)
B. For existing nonconforming use verification see Sec. 1114.0107.
(Ord. 170-04. Passed 3-23-04; Ord. 344-25. Passed 8-12-25.)
1111.1902 Additional Information.
The person applying for an interpretation shall provide such additional information as the Planning Director requests as necessary for a proper determination. The Planning Director may refuse to issue a written application if the person fails to provide the additional information.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)
1111.1903 Review and Decision.
After receiving a complete application for a written interpretation, the Planning Director must:
A. review and evaluate the application in light of this Zoning Code, the Comprehensive Plan, and any other relevant documents;
B. consult with the Law Director and other staff as necessary; and
C. render a written interpretation.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)
1111.1904 Form.
The interpretation will be provided in writing to the person or administrative agency that requested the interpretation. The interpretation must also be filed in the official record of interpretations.
(Ord. 170-04. Passed 3-23-04.)
1111.1905 Official Record of Interpretations.
An official record of interpretations is kept on file with the Planning Commission. The record of interpretations is available for public inspection during normal business hours.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)
1111.1906 Appeals.
Appeals of the Planning Director's written interpretation may be taken by the applicant to the Zoning Board of Appeals in accordance with procedures of Sec. 1111.2000. If the appeal results in a change of interpretation, the new interpretation must be filed in the official record of interpretations.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)
1111.2001 Authority and Applicability.
The Board of Zoning Appeals is authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Commissioner of Building Inspection or the Planning Director in the administration or enforcement of the provisions of this Zoning Code.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.2002 "Commissioner".
For purposes of this Section, "Commissioner" means the Commissioner of Building Inspection or the Planning Director, whichever an appeal is being taken from in the particular case at hand.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.2003 Application Filing.
Appeals of administrative decisions must be submitted to the Division of Building Inspection. Unless otherwise expressly stated, appeals of administrative decisions must be filed within 20 days of the date that notice of the Commissioner's decision is given to the applicant.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.2004 Effect of Filing.
The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the Commissioner certifies to the Board of Zoning Appeals, after the appeal is filed, that, because of facts stated in the certification, (a) a stay would cause immediate peril to life or property or (b) the situation appealed from is transitory in nature, and therefore, an appeal would seriously interfere with enforcement of this Zoning Code. In each instance, the Commissioner must place in the certificate facts to support the conclusion. In such case, proceedings may not be stayed other than by a restraining order.
(Ord. 170-04. Passed 3-23-04.)
1111.2005 Record of Administrative Decision.
The Commissioner must transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed is taken.
(Ord. 170-04. Passed 3-23-04.)
1111.2006 Public Hearing Notice.
The Board of Zoning Appeals must fix a reasonable time for a hearing on the appeal and give due notice to the parties in interest, including mailed notice pursuant to Section 1111.0300.
(Ord. 170-04. Passed 3-23-04.)
1111.2007 Board of Zoning Appeals Review and Decision.
A. The Board of Zoning Appeals must hold at least one public hearing on the appeal.
1. At the hearing any party may appear in person, by agent or by attorney and must be given an opportunity to be heard.
2. Following the close of the public hearing, the Board of Zoning Appeals must take final action based on the procedures and requirements of this section.
3. The concurring affirmative vote of a majority of the quorum of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision or determination of the Commissioner.
B. In exercising the appeal power, the Board of Zoning Appeals has all the powers of the Commissioner. The Board of Zoning Appeals may reverse or affirm wholly or partly or may modify the decision being appealed.
C. If the Board of Zoning Appeals determines that it is necessary to obtain additional evidence in order to resolve the matter, it will remand the appeal to the respective Commissioner, with directions to obtain such evidence and to reconsider the decision in light of such evidence.
D. The Board of Zoning Appeals must decide the issue within 45 days after notice of appeal is filed unless the Board grants an extension in time to decide the issue.
(Ord. 170-04. Passed 3-23-04.)
1111.2008 Approval Criteria; Findings of Fact.
The Board of Zoning Appeals may reverse an order, requirement, decision, or determination of the Commissioner only when the Board of Zoning Appeals finds substantial, factual evidence in the official record of the application that the Commissioner erred. The decision of the Board of Zoning Appeals must be supported by written findings of fact.
(Ord. 170-04. Passed 3-23-04.)
1111.2009 Notice of Decision.
Within 10 days after a final decision on an administrative appeal is made by the Board of Zoning Appeals, copies of the written decision must be sent to the applicant and filed in the office of the Commissioner, where it must be available for public inspection during regular office hours.
(Ord. 170-04. Passed 3-23-04.)
1111.2010 Appeals.
Any person who is directly affected by a decision of the Board of Zoning Appeals may appeal the decision to the courts, as provided by law.
(Ord. 170-04. Passed 3-23-04.)