Toledo City Zoning Code
CHAPTER 1103
Overlay Zoning Districts
1103.0100 Districts established.
1103.0101 Overlay districts are tools for dealing with special situations or accomplishing special zoning goals. As the name implies, overlay zoning districts are "overlaid" on base zoning classification to alter some or all of the underlying district regulations. Overlay districts are shown on the Official Zoning Map as dashed lines labeled with the overlay map symbol or with the overlay district name. A CD (Downtown Commercial) parcel that is included in the -DO (Downtown Overlay) district would be referred to as CD-DO.
(Ord. 170-04. Passed 3-23-04.)
1103.0102 The following overlay and special purpose zoning districts are included in this Zoning Code:
District Name | Map Symbol |
Overlay Districts | |
Downtown Overlay | -DO |
Historic Overlay | -HO |
Maumee Riverfront Overlay | -MRO |
Urban Neighborhood Overlay | -UNO |
Pedestrian-Oriented Overlay | -PO |
Shopping Center Sign Control Overlay | -SO |
Marina District Overlay | -MD |
Monroe Street Corridor | -UNO |
Planned Unit Development | -PUD |
Summit Street Corridor | -UNO |
Main Street/Starr Avenue | -UNO |
Cherry Street | -UNO |
Warehouse | -UNO |
(Ord. 170-04. Passed 3-23-04; Ord. 273-07. Passed 5-1-07; Ord. 497-07. Passed 7-24-07; Ord. 202-08. Passed 4-8-08; Ord. 38-09. Passed 1-20-09; Ord. 95-10. Passed 3-2-10; Ord. 8-14. Passed 1-2-14; Ord. 9-14. Passed 1-2-14.)
1103.0706 Ground Signs.
A ground sign for a shopping center within the -SO Shopping Center Sign Control Overlay shall be in accordance with the requirements of Sec. 1113.0407 Shopping Center Ground Sign or another permitted ground sign.
(Ord. 166-24. Passed 4-10-24.)
1103.0800 - MD, Marina District Overlay District. (Repealed)
(EDITOR'S NOTE: Former Section 1103.0800 was repealed by Ordinance 198-24, passed April 24, 2024.)
1103.1314 Demolition Hearing Procedures (Main Starr Front Urban Overlay District).
A. The Plan Commission has review and approval authority for demolition review under this section. A Major Site Plan application shall be required for all demolition requests.
B. When application is made for demolishing a structure within the Main Starr Front Urban Overlay District, the Plan Commission must grant the application 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 Main Starr Front Urban Overlay 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.
C. Economic Hardship Standards and Criteria. The Plan 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 Plan Commission 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, 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 Plan 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 2 years; itemized operating and maintenance expenses for the previous 2 years; and depreciation deduction and annual cash flow after debt service, if any, during the same period;
c. real estate taxes for the previous 2 years and assessed value of the property according to the most recent assessed valuation; and
d. all appraisals obtained within the previous 2 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 2 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 Plan Commission to be significant in determining whether the property does yield or may yield a reasonable return to the owner.
D. Alternatives to Demolition Submitted By Others. In deciding on the feasibility of an alternative to demolition, the Plan 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.
E. Additional Application Requirements. An applicant must meet with the Plan 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 Commission, the application must contain sufficient information so that the Plan 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 2 years.
3. 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 Economic Hardship Standards and Criteria.
4. The Planning Director must notify the applicant of any deficiencies in the documentation or other evidence provided.
5. 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.
6. After receipt of a completed application in which all required information is attached, the Plan Commission must make a determination on the applicant's submission in accordance with the time frames set forth herein.
F. The Plan Commission staff must evaluate each application in accordance with the standards and criteria contained in Demolition Hearing Procedures and Economic Hardship Standards and Criteria and must provide a written evaluation and report. The report must be presented to the respective Plan Commission on or before the Plan Commission's hearing.
G. The respective Toledo City Plan Commission must hold a hearing on the application. The Plan Commission, at the 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 Main Starr Front Urban Overlay District and that alternatives to demolition may be feasible and should be actively pursued by both the Plan Commission and the applicant. This finding may include written recommendations to the applicant.
H. 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.
1. The Plan Commission and applicant must investigate the feasibility of all means of preserving the structure. During this period the Plan Commission and the applicant must make every reasonable effort to find a demolition alternative for that structure.
2. 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. 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.
I. The Plan Commission may develop its own information on the Economic Hardship Standards and Criteria, and this information must be made part of the record on the application.
J. The Plan 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 Plan Commission and the applicant.
K. When the demolition application is first received, the Plan Commission must seek the help of neighborhood leaders and suggest that they and the Plan Commission work together on developing an alternative to demolition. The Plan Commission shall arrange one or more meetings between the applicant and any organizations and individuals working on an alternative to demolition.
L. The Plan 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 Plan 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 the Economic Hardship Standards and Criteria. It must forward a written report on this evaluation to the Plan Commission.
M. If, after reviewing all of the evidence, the Plan Commission finds as follows below, then the Plan Commission must approve the request, conditionally or otherwise. If the Plan Commission finds that the standards, criteria, and requirements are not satisfied, the request will be denied. The Plan Commission must find that:
1. The standards and criteria set forth in the Economic Hardship Standards and Criteria are satisfied;
2. And there is no feasible alternative to demolition, per the requirements of paragraph C above.
N. If the applicant or a representative fails to meet with the Plan Commission at the times specified, or to participate in a meeting arranged by the Plan Commission, then the Plan Commission may deny the request.
O. During the waiting period, the owner of such structure must maintain or mothball the structure to prevent further deterioration. If the request for a demolition 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 holding good faith meetings pursuant to paragraph G above for 6 months into the waiting period specified by the Plan Commission, or any time thereafter, the applicant may appeal to the Plan Commission for a determination pursuant to Section B through Section F.
Q. After each demolition of a landmarked structure or within a historic district, the Plan Commission must prepare a brief report on that structure giving the reasons why the demolition took place. The report must be given to interested neighborhood organizations. 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 neighborhood organizations.
(Ord. 199-24. Passed 4-24-24.)
1103.1512 Fencing.
A. No chain link fencing or barbed wire shall be permitted.
B. Fencing shall be pre-finished, dark colored ornamental aluminum style or similar material approved by TWDARC with vertical pickets of a commercial quality.
C. Re-construction of existing fencing is be reviewed by the ARC, and shall be replaced with approved materials.
(Ord. 84-20. Passed 2-25-20.)
1103.1513 Canopies/Awnings.
A. Awnings shall be traditional in design; they shall be triangular in section, sloping outward and down from the top of the opening. Curved awnings matching the curve of the openings being covered are permitted. Other round-top, half-round, box, or other unusual awning shapes are prohibited unless approved in writing by the Plan Director. Internally illuminated awnings are also prohibited. Signage on awnings shall be allowed as long as it meets appropriate portions of the requirements of Section 1103.1514.
B. Structural canopies shall be narrow in elevation, six (6") inches to twelve (12") inches, and flat or minimally pitched for drainage. Typically such canopies would have internal drainage. Canopies shall be self-supporting or supported by tension rods.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1514 Signage.
Signage shall comply, Signs Permitted in Zoning Districts, and the following regulations:
A. Building signs shall be located above the main entrance in the sign band area, on the upper facade wall. The sign shall be sized to allow the masonry to be fully exposed around the sign.
B. No sign or part of a sign shall be located above the parapet of any facade. Roof mounted signs are prohibited.
C. Building signs shall not exceed 65% of the width of the street façade.
D. Creative and unique sign designs are encouraged.
E. Projecting signs are allowed. The maximum projection is three and one-half (3½') feet and the minimum mounting height to the bottom of the sign shall be seven (7') feet.
F. Signs and graphics painted or applied directly to the window glass are allowed. Vinyl window graphics applied directly to the glass are allowed. Both signs and graphics should not exceed 25% of the window area or obstruct visibility inside or outside of the window.
G. Raceways, cabinets, box signs, moving, animated or intensely lighted signs, roof signs or signs that extend above a building roofline or parapet, and pole mounted signs are prohibited.
H. Monument or ground signs are allowed.
I. Each building shall display a street address as per City of Toledo Municipal Code. The street address shall also appear on any alley building elevation.
J. Sign Illumination.
1. External Illumination:
a. External light sources shall be placed close to, and directed into, the sign and shielded to minimize glare into the street, sidewalks or onto adjacent properties.
b. Project light fixtures used for externally illuminated signs shall be simple and unobtrusive in appearance. They should not obscure the sign.
2. Internal illumination:
a. Channel letters may be internally lit or back-lit.
b. For cabinet signs, the background must be opaque. Only graphics, text and logos may be illuminated, and a halo of one inch around graphics, text, and logos may be non-opaque.
c. Exposed neon may be used for lettering or as an accent.
K. Signs for commercial or industrial businesses with exterior lighting:
1. For the second floor and above of the existing structure, all exterior lights must be dimmed by half or to 50% of their illumination capacity by 11 pm.
2. All entryways shall remain at light as deemed necessary by the owners or occupants.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20; Ord. 166-24. Passed 4-10-24.)
1103.1515 Murals.
The Toledo Arts Commission accepts mural applications city wide as stated in the Toledo Municipal Code Section 167. All mural applications for the Warehouse District shall be submitted directly to the Toledo Arts Commission and a copy of the submission shall be submitted to the Toledo City Plan Commission staff in order to inform the Warehouse District ARC of any new or potential murals.
(Ord. 84-20. Passed 2-25-20.)
1103.1516 Architectural Review Committee Composition, Jurisdiction and Procedures.
A. Toledo Warehouse District Architectural Review Committee (TWDARC) Authority
The Toledo Warehouse District Architectural Review Committee (TWDARC) shall have the responsibility for reviewing all Development Plans and proposed demolitions for projects in the Warehouse District, for compliance with the Warehouse UNO District.
The TWDARC shall recommend to the Plan Director to approve, approve with modifications, or disapprove submissions for projects in the Warehouse District. The TWDARC shall have full authority to approve, approve with modifications, or disapprove demolition submissions in the Warehouse District. The applicant may appeal decisions on demolitions by the Toledo Warehouse District Architectural Review Committee or any other interested person to the Plan Commission, in writing, within 7 days of the Toledo Warehouse District Architectural Review Committee. The Plan Commission must hear such appeals within thirty (30) calendar days of the date of receipt of the appeal.
If the TWDARC forwards the Submission to the Toledo Plan Commission, or the decision under these Declarations is appealed to the Toledo Plan Commission, the Toledo Plan Commission shall review the Submission in accordance with the Declarations, the Toledo Municipal Code, and its Rules, and render its decision in writing. The Toledo Plan Commission shall not arbitrarily or unreasonably withhold its approval of Submissions.
B. TWDARC Composition and Term
The TWDARC shall consist of not more nor less than five (5) members. The Toledo Warehouse District Association shall appoint the members of the TWDARC. In the event that the Toledo Warehouse District Association is no longer a functional entity then Toledo City Council shall appoint the members. The composition of the TWDARC shall consist of those property owners (minimum of 2), residents (minimum of 1), or business owners (minimum of 1) who are located within the boundaries of the Warehouse District as defined in the Toledo Warehouse District Plan, and a professional architect or landscape architect, or planner (minimum of 1).
In the event that there is a vacant position on the TWDARC that has not been filled by the process defined in these Declarations, the TWDARC, by majority vote, may temporarily appoint a person to serve on the TWDARC until a replacement is designated.
The TWDARC members shall serve the terms as outlined below. To achieve staggered terms the initial terms of the appointees of the Professional Architect, Landscape Architect, or Planner shall be three (3) years.
- Property Owners shall serve a term of two (2) years;
- Business Owners shall serve a term of two (2) years;
- Residents shall serve a term of two (2) years;
There are no term limitations.
C. TWDARC Rules
The Chair shall be responsible for providing a non-voting Secretary for the TWDARC who shall be responsible for maintaining the minutes and records of the TWDARC. A quorum of the TWDARC shall consist of three (3) members, one (1) of which must be the Chair. Three (3) affirmative votes are necessary for all TWDARC review action, unless stated otherwise in these Declarations. In the event of a tie vote, the Chair shall render a decision on behalf of the TWDARC.
The TWDARC may adopt Rules of Procedure ("Rules") to govern the operations of the TWDARC. Such Rules must be adopted by, and may be amended by, a vote of not less than four (4) members of the TWDARC.
Robert's Rules of Order shall govern the actions of the TWDARC unless otherwise expressly provided for in the Rules.
The TWDARC may adopt provisions to allow the Chair to administratively approve certain Submissions conforming to the Declarations without review by the TWDARC.
D. TWDARC Procedures
An applicant shall forward Submissions to the TWDARC for preliminary review in accordance with the Declarations before review of the Submission by the TWDARC. The TWDARC shall review the Submission for conformance with the Declarations and the Toledo Municipal Code, and shall respond in writing within thirty (30) days of the filing of the Submission as to whether the Submission materially conforms to the Declarations and Toledo Municipal Code, or what modifications are needed to achieve conformance.
If the Submission materially conforms to the Declarations and the Toledo Municipal Code, the TWDARC shall forward the Submission and all comments to the Toledo Plan Commission for review as provided for in this Article.
E. TWDARC Liability
The TWDARC, as a City of Toledo entity, shall have the liability protections granted to such bodies under the laws of the State of Ohio.
F. Variance
The TWDARC is authorized to recommend variances from any provision of the Declarations where such variances will assist in carrying out the intent and spirit of the development and where strict application of the provision would result in a particular hardship to the applicant.
G. Public Meetings
Regular and Special meetings of the TWDARC shall be subject to the public meeting and notice requirements (commonly known as the "Sunshine Laws") of the Ohio Revised Code and the Toledo Municipal Code.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1517 Demolition Hearing Procedures (Warehouse District).
A. The Toledo Warehouse District Architectural Review Committee (TWDARC) has review and approval authority for demolition review under this section after seeking comment from the City Historic District Commission for review and comment.
B. When application is made for demolishing a structure within the Warehouse District, the Toledo Warehouse District Architectural Review Committee (TWDARC) must grant the application 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 Warehouse 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.
C. Economic Hardship Standards and Criteria
The Toledo Warehouse District Architectural Review Committee (TWDARC), 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 Toledo Warehouse District Architectural Review Committee (TWDARC) 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, 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 Toledo Warehouse District Architectural Review Committee (TWDARC) 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 2 years; itemized operating and maintenance expenses for the previous 2 years; and depreciation deduction and annual cash flow after debt service, if any, during the same period;
c. real estate taxes for the previous 2 years and assessed value of the property according to the most recent assessed valuation; and
d. all appraisals obtained within the previous 2 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 2 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 Toledo Warehouse District Architectural Review Committee (TWDARC) to be significant in determining whether the property does yield or may yield a reasonable return to the owner.
D. Alternatives To Demolition Submitted By Others
In deciding on the feasibility of an alternative to demolition, the Toledo Warehouse District Architectural Review Committee 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.
E. Additional Application Requirements
An applicant must meet with the Toledo Warehouse District Architectural Review Committee 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 Toledo Warehouse District Architectural Review Committee, the application must contain sufficient information so that the Toledo Warehouse District Architectural Review Committee 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 2 years.
3. At the initial meeting with the applicant, the Toledo Warehouse District Architectural Review Committee or the staff must indicate the information the Toledo Warehouse District Architectural Review Committee 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 Economic Hardship Standards and Criteria.
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 Toledo Warehouse District Architectural Review Committee must make a determination on the applicant's submission in accordance with the time frames set forth herein.
F. The Plan Commission staff must evaluate each application in accordance with the standards and criteria contained in Demolition Hearing Procedures and Economic Hardship Standards and Criteria and must provide a written evaluation and report. The report must be presented to the respective Toledo Warehouse District Architectural Review Committee on or before the Toledo Warehouse District Architectural Review Committee's initial hearing.
G. The respective Toledo Warehouse District Architectural Review Committee must hold an initial hearing on the application. The Toledo Warehouse District Architectural Review Committee, 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 Warehouse District and that alternatives to demolition may be feasible and should be actively pursued by both the Toledo Warehouse District Architectural Review Committee and the applicant. This finding may include written recommendations to the applicant.
H. Upon the imposition of a waiting period, the Toledo Warehouse District Architectural Review Committee must undertake meaningful and continuing discussions during the waiting period in order to find a means of preserving the structure.
1. The Toledo Warehouse District Architectural Review Committee and applicant must investigate the feasibility of all means of preserving the structure. During this period the Toledo Warehouse District Architectural Review Committee and the applicant must make every reasonable effort to find a demolition alternative for that structure.
2. If the Toledo Warehouse District Architectural Review Committee 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 Toledo Warehouse District Architectural Review Committee must give written notice to the applicant when the Toledo Warehouse District Architectural Review Committee believes that the structure may be saved if the applicant agrees to a longer waiting period.
I. The Toledo Warehouse District Architectural Review Committee may develop its own information on the Economic Hardship Standards and Criteria, and this information must be made part of the record on the application.
J. The Toledo Warehouse District Architectural Review Committee 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 Toledo Warehouse District Architectural Review Committee and the applicant.
K. When the demolition application is first received, the Toledo Warehouse District Architectural Review Committee must seek the help of neighborhood leaders and suggest that they and the Toledo Warehouse District Association work together on developing an alternative to demolition. The Toledo Warehouse District Architectural Review Committee shall arrange one or more meetings between the applicant and any organizations and individuals working on an alternative to demolition.
L. The Toledo Warehouse District Architectural Review Committee 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 Toledo Warehouse District Architectural Review Committee, 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 the Economic Hardship Standards and Criteria. It must forward a written report on this evaluation to the Toledo Warehouse District Architectural Review Committee.
M. If, after reviewing all of the evidence, the Toledo Warehouse District Architectural Review Committee finds as follows below, then the Toledo Warehouse District Architectural Review Committee must approve the request, conditionally or otherwise. If the Toledo Warehouse District Architectural Review Committee finds that the standards, criteria, and requirements are not satisfied, the request will be denied. The Toledo Warehouse District Architectural Review Committee must find that:
1. The standards and criteria set forth in the Economic Hardship Standards and Criteria are satisfied;
2. And there is no feasible alternative to demolition, per the requirements of paragraph C above.
N. If the applicant or a representative fails to meet with the Toledo Warehouse District Architectural Review Committee at the times specified, or to participate in a meeting arranged by the Toledo Warehouse District Architectural Review Committee, then the Toledo Warehouse District Architectural Review Committee may deny the request.
O. During the waiting period, the owner of such structure must maintain or mothball the structure to prevent further deterioration. If the request for a demolition 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 holding good faith meetings pursuant to paragraph G above for 6 months into the waiting period specified by the Toledo Warehouse District Architectural Review Committee, or any time thereafter, the applicant may appeal to the Plan Commission for a determination pursuant to Section B through Section F.
Q. After each demolition of a landmarked structure or within a historic district, the Toledo Warehouse District Architectural Review Committee 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 Toledo Warehouse District Architectural Review Committee 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. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1518 Demolition Appeals.
A. Decisions concerning demolitions by the Plan Commission may be appealed by the applicant or any other interested person to the City Council Planning and Zoning Committee, in writing, within 7 days of the Plan Commission hearing. Applications must be accompanied by the fee amount that has been established by the City Council.
B. The City Council Planning and Zoning Committee 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 Plan 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 City Council Planning and Zoning Committee is required to overturn a decision of the Plan Commission.
C. In cases involving denial of an application for demolition pursuant to Demolition Hearing Procedures, the Plan Commission and the applicant must present such evidence as will be relevant to the conditions set forth in Demolition Hearing Procedures and Economic Hardship Standards and Criteria 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 City Council Planning and Zoning Committee 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 Plan Commission hearing.
2. The City Council Planning and Zoning Committee may direct the applicant and the Plan Commission to continue discussions as provided for in Demolition Hearing Procedures (G) for the balance of the waiting period.
D. Decisions by the City Council Planning and Zoning Committee will be deemed final administrative orders for appellate purposes and will be thereafter regulated by Revised Code Chapter 2506.
E. No 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 A, during the pendency of a timely- filed appeal before the City Council Planning and Zoning Committee, or during the time prescribed in Revised Code Chapter 2506 for an appeal of a decision of the Plan Commission.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20; Ord. 199-24. Passed 4-24-24.)
1103.1519 Design Standards - Surface Parking Lots.
Parking should be limited to structured facilities and on street parking. Parking structures located on pedestrian routes should accommodate streetscape related improvements such as entertainment, storefronts/retail and/or landscaped treatments to soften the structure. Existing Surface Parking Lots, public or private, permitted by the City of Toledo shall be subject to the following standards:
Surface Parking Lots shall be bordered along public rights of way by black wrought iron or black heavy gauge aluminum tube fencing that is at least four feet high with brick or thin brick columns that are at least 4'6" high and at least 18'' wide or greater. Brick columns shall meet the requirements for brick as defined in Sec. 1109.0502.A. Columns shall be constructed using earth tone colors. On primary streets, spacing of columns shall be at least every 24' for small lots (120' x 120' and under) and at least every 60' for large lots (with frontage of more than 120'). On non-primary streets, spacing of columns may be spaced no more than 90' apart. The Plan Director may approve greater distance spacing of columns where recommended by Toledo Downtown Parking Lot Review and Improvement Advisory Committee. Measurement as to placement of columns, new entrances, and exits will take into consideration turning radius needed for motor vehicles as well as two-way traffic. Fencing may connect to adjacent buildings rather than installing a pillar in instances where such connections are practical and do not detract from the site.
The fences shall be clear of signage or other obstructions. The specifications for the fencing are as follows:
1. Sections: Standard sections are 6' wide.
2. Pickets: Commercial ¾" square x .055
3. Spacing between Pickets: Commercial standard 3-5/8" and optional 1-1/2"
4. Fasteners: Stainless steel
5. Horizontal Rails: Commercial 1-1/4" x 1-3/8" with .088'' side walls and .065'' top walls
6. Posts: Commercial 2'' square x .080, or .125; 2-1/2" square x .100; and 3" square x.125
7. Alloy: High-strength Ultrum™ 6005-T5 alloy, min. strength 35,000 PSI Finish: Powercoat. When applied, Powercoat is twice the thickness and hardness of a typical acrylic, baked enamel or "wet paint" finish, making it more durable, fade-resistant and scratch-resistant than other coatings.
8. Color: Black
Parking spaces in Surface Parking Lots that abut fencing shall have wheel stops of 4" high or a continuous 4 inch concrete inside the fence placed as to prevent cars from hitting or damaging the fence or columns.
Guard rails, bollards, chains, wires, ropes or similar type barriers are not permitted on any Surface Parking Lot in the Downtown Overlay District - even inside the black metal fences unless they are to protect electrical boxes/conduit, drains, honor boxes, machines, or large investments within the lot.
Lighting fixtures located on the brick columns are encouraged, but not required.
Landscaping is encouraged but not required. Landscaping shall not be a substitute or replacement for the Fencing & Columns required above.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20; Ord. 403-21. Passed 7-20-21.)
1103.1520 Supplemental Standards for Visual Screens.
Standards for Shrubs, Trees and Ground Cover. Shrubbery used as part of a visual screen must be sufficient to meet the height and opacity requirements by the end of the second growing season after planting. All shrubs and trees shall be selected from the list of approved plant material as adopted by the City of Toledo Division of Forestry. At the time of installation, deciduous trees shall be a minimum of 6 feet in height with a caliper of 1.5 inches at one foot above grade, and evergreen trees shall be 6 feet in height. Trees not used as a part of visual screen need not meet height, caliper size or opacity requirements. In the event of an existing parking lot where irrigation is not provided, landscaping materials installed on the property shall be drought tolerant species not requiring regular watering for good plant health and growth.
A. Standards for Landscaped areas. If a visual screen is set within a landscaped area, it shall be bordered by a continuous concrete or asphalt curb at least 6 inches wide and 6 inches high and covered by grass or other suitable vegetative ground cover, bark or decorative stones. All landscaped areas planted with shrubs shall be a minimum of 4 feet in width. If planted with trees, the landscaped area is to be a minimum of 4 feet in width.
B. Standards for Fences and Walls. All walls and fences used as part of visual screen shall be of uniform appearance and shall be set in a concrete base. Required ornamental metal fences shall be of actual or simulated wrought iron construction. Walls shall be of reinforced masonry construction, including decorative concrete masonry units.
C. Irrigation Requirements.
1. General Provisions: Every landscaped area installed after adoption of these standards shall be served by a permanent underground irrigation system. No irrigation system, however, shall be required for trees provided to supplement the use of bollards and chains as required by "Existing parking lots that are licensed but not in full compliance with current City of Toledo Municipal Code and licensing regulations" described in Section B(4).
Method of Connection: For all existing parking lots that are not in full compliance with current City of Toledo Municipal Code and licensing regulations, the irrigation system shall be either connected to City water lines or shall be configured for coupling to a hose which draws water from any permitted on site or nearby source. In such instances, the selection of the water source shall be made by the applicant.
2. As an alternative to an irrigation system, a parking lot owner or group of parking lot owners may contract for regular watering and maintenance of plant material. Proof of such service shall be provided for licensing.
D. Maintenance: All plant materials shall be maintained in good condition at all times. Unhealthy or dead plant material shall be replaced with healthy plant material no later than the start of next growing season. Fences and walls shall be kept free from peeling paint, rust, spalls, and broken, cracked or missing elements. Fences and walls shall also be kept plumb, with no more than a 2 inch deflection from grade to top of element.
E. Exemption for Alleys: No visual screen shall be required along public alleys except where alleys are designated as public walkways, pedestrian zones or for purposes other than service ways.
F. Street Corner Parking Lots: All street corner parking lots shall have a minimum 18 feet square landscaped area on the corner where automobiles cannot park. Materials may include decorative paving, shrubbery, trees, flowers, walls, fee boxes and benches intended to beautify the street intersection. If the fronts of automobiles face only one street, the size of the landscaped area may be reduced to 9 feet by 18 feet.
G. Landscaping Reductions and Exemptions: With regard to an existing permitted parking lot that otherwise complies with all current City Zoning regulations, the City Plan Commission may grant a reduction of or an exemption from the requirements for shrubs, trees and landscaped areas if full compliance with such requirements would result in a loss of existing parking spaces which cannot be avoided or remediated through re-design or re-configuration of the parking lot. The City Plan Commission may take such action in accordance with the following provisions:
1. Evidence to be Provided by the Applicant: An applicant seeking a reduction of or an exemption from the requirement for landscape elements of a visual screen shall present written and graphic evidence to the City Plan Commission demonstrating that the potential loss of existing spaces cannot be avoided or remediated through re-design or re-configuration of the parking lot.
2. Determination by City Plan Commission: Upon consideration of evidence submitted by the applicant as well as any analysis prepared by the staff, the City Plan Commission shall determine whether strict application of the visual screen landscape requirements will result in an irremediable loss of parking spaces. In determining whether a loss of parking spaces can be avoided through re-design or re-striping, the City Plan Commission shall assume continued use of the existing parking space and aisle dimensions for the subject property except where such dimensions are in excess of current City of Toledo Municipal Code requirements.
H. Temporary Uses Where the City Plan Commission deems a parking lot to be a temporary use, the barrier and screening requirements of the section shall be considered to be met if the parking lot operator installs anchored concrete wheel stops supplemented by bollards and chains, as required by these standards. No surface parking lot shall be deemed temporary for a period in excess of one year, provided however, that the City Plan Commission may extend the temporary use for one additional one-year period if, prior to the completion on the initial one-year period, a project agreement with the City is executed which requires development of the lot within one year or a Building Permit application has been filed for development of the property. A parking lot shall also be considered as a temporary use if a lease exists, recorded with the Lucas County Recorder, between the owner of the property and the parking lot operator, and term of the lease expires within eighteen months after the compliance date for filing of plans.
I. Approval: The materials, design, location and construction of the screens and barriers required by this section shall be approved by the Director of the Toledo-Lucas County Plan Commissions in consultation with City of Toledo Division of Transportation, Division of Engineering Services, and the Toledo Warehouse District Architectural Review Committee and shall be in accordance with the standards promulgated by the Commissioners in compliance with the provisions of this Chapter of the Toledo Municipal Code. Unless otherwise permitted by the Commissioner of the Division of Transportation, each parking lot shall have one common entrance and one common exit, which may or may not be combined.
J. Compliance Dates: All legally established existing parking lots shall be in full compliance within one year after the adoption of these standards in order to obtain annual relicensing. Subsequent to the adoption of these Standards, all new parking lots shall be in full compliance prior to initial approval and licensing.
K. Confirmation of Compliance: Representatives of the Toledo Warehouse District Architectural Review Committee will regularly inspect each parking lot to confirm compliance with these standards and will recommend approval or denial to the City of Toledo Finance Department prior to the issuance of the annual renewal of a license to operate.
L. Americans with Disabilities Act Compliance: Full compliance with current standards for handicapped and van accessible parking, including signage, shall be required for licensing.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.0201 Purpose.
The -DO, Downtown Overlay district is intended to provide a review process for proposed physical changes to structures within the Central Business District of the City and adjacent areas in order to evaluate the proposals in relation to the approved plan for the area.
(Ord. 355-19. Passed 7-23-19.)
1103.0202 Definitions.
The definitions of this section are to be used solely for the purpose of interpreting and administering the downtown overlay provisions of this Zoning Code.
A. "Demolition." For the purposes of the downtown overlay provisions, "demolition" means the removal or tearing down of all or part of a structure.
B. "Physical change." For the purpose of the downtown overlay provisions, "physical change" means any work such as alteration, remodeling, new construction or renovation of the exterior of a structure for which the total cost would be more than two hundred fifty thousand dollars ($250,000) or twenty-five percent (25%) of the appraised value of the building, as listed by the County Auditor, whichever is the lesser amount. In computing the total cost, the cost of any such work accumulated in any three-year period shall be considered.
C. "Reasonable economic use." For the purpose of the downtown overlay provisions, "reasonable economic use" means a use for a structure or property that will produce a reasonable return that is economically viable. In a situation involving a property or structure that is not income-producing, reasonable economic use means that the property structure can be put to a reasonable beneficial use in a reasonable period of time based upon all relevant criteria set forth in Section 1111.0904.
D. "Surface Parking Lots." For purposes of the downtown overlay provisions. "Surface Parking Lots" means any nonstructural property used for temporary storage of vehicles upon real estate which is not part of any street, highway or alley. "Surface Parking Lots" shall not include parking garages.
(Ord. 355-19. Passed 7-23-19.)
1103.0203 Creation and Boundaries.
The -DO District is created as an overlay district to be applied to land within and adjacent to the Central Business District as the City Council designates by ordinance. The boundaries of the -DO District are depicted on the Official Zoning Map. A map of the boundaries and boundary description are also presented in Appendix A.
(Ord. 170-04. Passed 3-23-04.)
1103.0204 Effect of -DO Designation.
The -DO District regulations apply in combination with underlying base zoning district regulations and all other applicable standards of this Zoning Code. When -DO District standards conflict with the underlying base zoning district standards or other regulations of this Zoning Code, the regulations of the -DO District will always govern. When no special -DO District standards are specified, all other applicable regulations of this Zoning Code will govern.
(Ord. 170-04. Passed 3-23-04.)
1103.0205 Design Guidelines.
These guidelines are derived largely from the Design Guidelines chapter found in 2002 Downtown Toledo Master Plan, as adopted by Ordinance 280-02.
A. Rehabilitation of existing structures. Wherever possible, examples of the City's traditional commercial, civic and residential architecture should be preserved, renovated and where appropriate, adaptively reused. Specifically:
1. Where removed a cornice or fascia should be restored to reemphasize the original design intent of the structure and should be designed in proportion to the overall mass of the building.
2. The building's original wall surface and detailing should be restored whenever possible and all exposed mechanical equipment, unused electrical apparatus or sign supports should be removed.
3. Special attention should be given to the removal of storefront surface materials that will extend onto the piers and walls of the upper facade.
4. If new materials are to be used for buildings that are architecturally undistinguished, they should be selected to coordinate with neighboring structures and to complement the design of the storefront.
5. The proportions of restored windows and the rhythm of the window pattern should replicate the original facade design as closely as possible.
6. Display windows of a storefront should never be filled or covered except where there are residential uses abutting the sidewalk on the ground floor.
7. On traditional buildings, recessed entrances are encouraged and where entrances are flush with display windows, awnings can be used to give greater definition to the storefront and provide overhead protection. Awnings should be attached directly to the building without requiring a support column on the sidewalk, have a minimum clearance of eight feet and a maximum clearance of 12 feet above the sidewalk.
8. Loading and service entrances should be located at the rear and side of the building.
9. Trash containers, service and storage areas should be screened and maintained. In larger developments, trash collection, service and loading areas should be separated from main circulation and parking areas.
B. New Development Infill.
1. The front setback of new development should replicate the setback of existing buildings to create a consistently developed edge, reinforce the City center's urban development pattern and enhance pedestrian orientation.
2. There should be no spacing between buildings except a mid-block pedestrian walkway would be allowed.
3. Building height and massing should be compatible with existing development. The building mass should be broken into increments that correspond to the scale and massing of existing buildings through the use of such devices as setbacks and variable roof heights.
4. The location and articulation of building entrances should complement those of existing buildings and should be oriented to street frontages.
5. Street facades of new infill development should be organized into:
a. ground-level pedestrian presentation; and
b. the upper architecture, with strong horizontal elements separating the two.
C. Major New Development Over 25,000 Square Feet. The principal challenge in designing major new downtown development projects is the successful incorporation of large-scale and/or high-rise structures into the existing context of smaller- scale buildings.
1. Unarticulated forms and masses should be avoided in new larger-scale development. Instead, the building should be broken into increments that relate to the human scale by using such devices as fenestration, architectural detailing, variable setbacks and rooflines to define a sequence of bays and provide transitions in height and scale. Multi-block mega-structures that erase the street grid and weaken the basic urban block structure are discouraged.
2. Blank wall areas at sidewalk edge may not extend for more than 25 horizontal feet without articulation such as a window, glass-covered display area, entryway or recessed area.
3. To counter high-rise impacts the use of reflective glass at ground level should be avoided so that the building base meets the ground in a manner that is more inviting to the public. Controls designed to preserve solar access to streets and public spaces and measures that help minimize wind tunnel and down draft effects may also be considered.
4. Maintain pedestrian connections and view corridors along traditional street rights of way when a project spans several blocks (mega-structures) providing for a sequence of public spaces and walkways that are linked to the street grid.
D. Facade Materials and Colors. See Section 1109.0500
for building facade material and color standards.
E. Streetscape.
1. Street trees to the satisfaction of the Department of Parks, Recreation and Forestry, light standards, street signs, etc., should be placed so that the trees are between the street lanes and any pedestrian walkway. Moveable seating is preferred to seating that is permanently anchored to the sidewalk.
2. Trees should be spaced at distances so that each tree can attain the appropriate form and shape at maturity. This could range between 30 and 40 foot spacing for large trees and 15 to 25 feet for smaller trees. Do not plant trees directly in front of entrances or other significant architectural features.
3. Any walkway or public spaces specifically designed to enhance pedestrian movement should not use plain asphaltic pavements for the walking surface or use tiles or similar surfaces that can become slippery when wet.
4. Existing and future transit stop locations should have ample space for patron amenities and waiting.
F. Building Identification Signs. Signage shall comply with Chapter 1113
, Signs, and the following regulations:
1. Each building within the -DOD is limited to one (1) Building Identification Sign per building façade, with a maximum of two (2) Building Identification Signs.
2. Additional building signs, including projecting, marquee, fascia or monument, shall be limited to tenants and/or occupants located in the building Such signs shall be located between the top of the first floor door or window lintel and the second floor windowsill. Unless architectural treatments and/or features preclude the installation of such signs, which then shall be reviewed and approved by the Plan Director.
3. No sign or part of a sign shall be located above the parapet of any facade. Roof mounted signs are prohibited.
4. Projecting signs are not allowed as Building Identification Signs.
G. Exemptions. The Plan Commission may modify and/or waive all or parts of the design standards in this section for site when, in the opinion of the Plan Commission, the design constitutes a unique, one of a kind building that meets the intent of these design standards. The Plan Commission may request the City Historic District Commission to review and comment.
(Ord. 355-19. Passed 7-23-19; Ord. 558-19. Passed 11-26-19; Ord. 166-24. Passed 4-10-24.)
1103.0206 Relationship to Comprehensive Plan.
Review of proposals for physical change for demolition must be based on the Comprehensive Plan, the Downtown Toledo Master Plan approved through Ordinance 280-02, the CBD Architectural Survey Report (1986), and any other additions and amendments thereto as may be approved by the Plan Commission and City Council.
(Ord. 170-04. Passed 3-23-04.)
1103.0207 Special Design Standards - Surface Parking Lots.
Parking should be limited to structured facilities and on street parking. Parking structures located on pedestrian routes should accommodate streetscape related improvements such as entertainment, storefronts/retail, and/or landscaped treatments to soften the structure. Existing Surface Parking Lots, public or private, permitted by this Code shall be subject to the following standards:
A. Surface Parking Lots that are permitted by this Code or are created after the effective date of this Section shall comply with the standards set forth herein prior to storage or parking occurring on the Surface Parking Lot.
B. Surface Parking Lots in the Downtown Overlay district shall be bordered along public rights of way by black wrought iron or black heavy gauge aluminum tube fencing that is at least four feet high with brick or thin brick columns that are at least 4'6" high and at least 18'' wide or greater. Brick columns shall meet the requirements for brick as defined in Sec. 1109.0502.A. Columns shall be constructed using earth tone colors. On primary streets, spacing of columns shall be at least every 24' for small lots (120' x 120' and under) and at least every 60' for large lots (with frontage of more than 120'). On non-primary streets, spacing of columns may be spaced no more than 90' apart. The Plan Director may approve greater distance spacing of columns where recommended by Toledo Downtown Parking Lot Review and Improvement Advisory Committee. Measurement as to placement of columns, new entrances, and exits will take into consideration turning radius needed for motor vehicles as well as two-way traffic. Fencing may connect to adjacent buildings rather than installing a pillar in instances where such connections are practical and do not detract from the purposes of this Chapter. The fences shall be clear of signage or other obstructions. The specifications for the fencing are as follows:
1. Sections: Standard sections are 6' wide.
2. Pickets: Commercial ¾" square x .055
3. Spacing between Pickets: Commercial standard 3-5/8" and optional 1-1/2"
4. Fasteners: Stainless steel
5. Horizontal Rails: Commercial 1-1/4" x 1-3/8" with .088'' side walls and .065'' top walls
6. Posts: Commercial 2'' square x .080, or .125; 2-1/2" square x .100; and 3" square x.125
7. Alloy: High-strength Ultrum™ 6005-T5 alloy, min. strength 35,000 PSI Finish: Powercoat. When applied, Powercoat is twice the thickness and hardness of a typical acrylic, baked enamel or "wet paint" finish, making it more durable, fade-resistant and scratch-resistant than other coatings.
8. Color: Black
C. Parking spaces in Surface Parking Lots in the Downtown Overlay District that abut fencing required by this Section shall have wheel stops of 4" high or a continuous 4 inch concrete inside the fence placed as to prevent cars from hitting or damaging the fence or columns.
D. Guard rails, bollards, chains, wires, ropes or similar type barriers are not permitted on any Surface Parking Lot in the Downtown Overlay District - even inside the black metal fences unless they are to protect electrical boxes/ conduit, drains, honor boxes, machines, or large investments within the lot.
E. Lighting fixtures located on the brick columns are encouraged, but not required.
F. Landscaping is encouraged but not required. Landscaping shall not be a substitute or replacement for the Fencing & Columns required above.
H. These provisions apply to all properties within the Downtown Overlay District with the exception of the area bounded by Woodruff Avenue, Cherry Street, Spielbusch Avenue, Southard Street, 12th Street, Jackson Street and 13th Street.
(Ord. 170-04. Passed 3-23-04; Ord. 355-19. Passed 7-23-19; Ord. 403-21. Passed 7-20-21.)
1103.0208 Other Provisions.
It is the intent of Section 1103.0207 of this Code to provide for uniform standards for Surface Parking Lots in the Downtown Overlay District. Nothing in Section 1103.0207 should be interpreted as excusing or superseding any and all other applicable Code Provisions governing parking except to the extent that any other provision could be interpreted as allowing a lesser standard. To the extent that any other design standard in the Code conflict with the design standards set forth in Section 1103.0207, the provisions of 1103.0207 shall control.
(Ord. 355-19. Passed 7-23-19.)
1103.0209 Compliance.
Surface Parking Lots within the part of the Downtown Overlay District bounded by Michigan Street, Jackson Street, Water Street and Lafayette Street shall be in full compliance with the provisions of Section 1103.0207 within three (3) years of the effective date of the adopting legislation unless granted a variance or extension as provided herein. All other Surface Parking Lots in the Downtown Overlay District shall be in full compliance with Section 1103.0207 within five (5) years of the effective date of the adopting legislation unless granted a variance or extension as provided herein.
(Ord. 355-19. Passed 7-23-19.)
1103.0210 Existing Surface Parking Lot Fencing/ Extensions/Exemptions.
Fencing on surface lots that are not used for commercial parking that existed on the day this code is enacted except for barbed wire fences, may be granted an extension of up to ten (10) years to comply with the requirements of this Chapter by a recommendation by the Toledo Downtown Parking Lot Review and Improvement Advisory Committee (DPLRIAC) to the Plan Commission Director. Additionally, surface lots that are not used for public parking that are determined by the DPLRIAC to currently have a unique landscaping design or perimeter finish may be granted an 'exemption' from the metal fencing & brick pillars, as long as the unique landscaping design or perimeter finish is maintained in excellent or good condition as determined by the DPLRIAC.
(Ord. 355-19. Passed 7-23-19.)
1103.0211 Downtown Parking Lot Review and Improvement Advisory Committee, Composition, Jurisdiction and Procedures.
A. Downtown Parking Lot Review and Improvement Advisory Committee Authority
1. There is hereby established the Toledo Downtown Parking Lot Review and Improvement Advisory Committee ("DPLRIAC") which shall have the responsibility for reviewing all Plans and requests for variances in the DOD, for compliance with the provisions of this Chapter. The DPLRIAC shall review all Surface Parking Lot Design plans in the Downtown Overlay District and may issue variances from brick columns, the height of the fencing, or the spacing of the brick columns. No color variances for fence or columns shall be permitted.
2. The DPLRIAC shall recommend to the Plan Director to approve, approve with modifications, or disapprove submissions for parking lot improvements and/or variances. Any applicant may appeal decisions on plans or variances by the DPLRIAC or any other interested person to the Plan Commission, in writing, within 7 days of an adverse decision of the DPLRIAC. The Plan Commission must hear such appeals within thirty (30) calendar days of the date of receipt of the appeal.
3. If the DPLRIAC forwards the Submission to the Toledo Plan Commission, or the decision under these Declarations is appealed to the Toledo Plan Commission, the Toledo Plan Commission shall review the Submission in accordance with these Declarations, the Toledo Municipal Code, and its Rules, and render its decision in writing.
4. The DPLRIAC may recommend public improvements to the public ways in the Downtown Overlay District to the Mayor and may recommend to the Mayor expenditures of any funds maintained in the revenue accruing account established pursuant to Section 743.04(C) of this Code.
B. DPLRIAC Composition and Term
The DPLRIAC shall consist of not more nor less than seven (7) members who shall be appointed by the Mayor in accordance with Charter Section 61 but shall include:
1. A representative of the Downtown Toledo Improvement District,
2. A representative from the Toledo City Commission (or their designee),
3. A private parking lot owner/operator,
4. A public parking lot owner/operator,
5. A restaurant or retail store owner/operator,
6. A downtown resident who owns their dwelling, and
7. A representative of the Toledo Design Center or, if no such representative is available, an elector of the City of Toledo.
In the event that there is a vacant position on the DPLRIAC that has not been filled by the process defined in these Declarations, the DPLRIAC, by majority vote, may temporarily appoint a person to serve on the DPLRIAC until a replacement is designated. The DPLRIAC members shall serve three year terms. A member may serve no more than two consecutive terms.
C. DPLRIAC RULES
The Chair shall be responsible for providing a non-voting Secretary for the DPLRIAC who shall be responsible for maintaining the minutes and records of the DPLRIAC. A quorum of the DPLRIAC shall consist of five (5) members, one (1) of which must be the Chair. Four (4) affirmative votes are necessary for all DPLRIAC review action, unless stated otherwise in these Declarations. In the event of a tie vote, the Chair shall render a decision on behalf of the DPLRIAC.
The DPLRIAC may adopt Rules of Procedure ("Rules") to govern the operations of the DPLRIAC. Such Rules must be adopted by, and may be amended by, a vote of not less than four (4) members of the DPLRIAC. Robert's Rules of Order shall govern the actions of the DPLRIAC unless otherwise expressly provided for in the Rules.
The DPLRIAC may adopt provisions to allow the Chair to administratively approve certain Submissions conforming to the Declarations without review by the TWDARC.
D. DPLRIAC Procedures
An applicant shall forward Submissions to the DPLRIAC for preliminary review in accordance with the Declarations before review of the Submission by the DPLRIAC. The DPLRIAC shall review the Submission for conformance with the Declarations and the Toledo Municipal Code, and shall respond in writing within thirty (30) days of the filing of the Submission as to whether the Submission materially conforms to the Declarations and Toledo Municipal Code, or what modifications are needed to achieve conformance.
If the Submission materially conforms to the Declarations and the Toledo Municipal Code, the DPLRIAC shall forward the Submission and all comments to the Toledo Plan Commission for review as provided for in this Article.
E. DPLRIAC Liability
The DPLRIAC, as a City of Toledo entity, shall have the liability protections granted to such bodies under the laws of the State of Ohio.
F. Exceptions
The DPLRIAC is authorized to recommend exceptions from any provision of the Declarations where such variances will assist in carrying out the intent and spirit of the development and where strict application of the provision would result in a particular hardship to the applicant.
G. Public Meetings
Regular and Special meetings of the DPLRIAC shall be subject to the public meeting and notice requirements (commonly known as the "Sunshine Laws") of the Ohio Revised Code and the Toledo Municipal Code.
H. In the event that the DPLRIAC is no longer an official, active organization for the Downtown Parking Lots then the development plans shall be subject to the Site Plan Review procedure of the TMC Section 1111.0800.
(Ord. 355-19. Passed 7-23-19.)
1103.0301 Purpose.
The City Council has declared as a matter of public policy that the preservation, protection, and use of areas, places, buildings, structures and works of art - whether designated as local landmarks or in local historic districts or National Register Historic Districts - is a public necessity and is required in the interest of the health, safety and welfare of the people. The purposes of the -HO Historic Overlay Districts are to:
A. Safeguard the heritage of the City by preserving sites and structures within National Register Historic Districts and/or within state and locally designated historic districts that reflect the City's history and architectural past.
B. Stabilize and improve property values.
C. Strengthen the economy of the City.
D. Protect and enhance the City's attractions to residents, tourists and visitors.
E. Enhance the visual and aesthetic character, diversity and interest of the City.
F. Foster civic pride in the beauty and notable accomplishments of the past.
G. Promote the use and preservation of historic sites and structures for the education and general welfare of the people of the City.
H. Preserve sound existing housing stock and safeguard the residential character of primarily residential neighborhoods.
(Ord. 170-04. Passed 3-23-04.)
1103.0302 Definitions.
The definitions of this section are to be used solely for the purpose of interpreting and administering the Historic District and landmark provisions of this Zoning Code.
A. "Alter" or "alteration" means any chance requiring a building permit involving the exterior architectural features, including significant landscaping, of any property which lies within a Historic District, not including demolition, removal or new construction.
B. "Applicant" means any person, persons, association, organization, partnership, units of government, public bodies and corporations who applies for a Certificate of Appropriateness in order to undertake an environmental change within a Historic District or to a landmarked property.
C. "Certificate of Appropriateness" means a certificate authorizing any environmental change within a Historic District or to a landmarked property.
D. "Delegates-at-large" means residents of Toledo appointed to the Historic District commissions who represent education, civic, governmental, professional and historic preservation organizations.
E. "Demolition" means the complete or substantial removal or destruction of any structure which is located within a Historic District or on a landmarked property.
F. "Environmental change" means any exterior alteration, demolition, removal or new construction of any property, requiring or not requiring a building permit subject to the historic overlay provisions of this Zoning Code.
(Ord. 314-12. Passed 6-19-12.)
G. "Exterior architectural feature" means the architectural style, general design and arrangement of the exterior of a structure including, but not limited to, the type, color and texture of the building material, doors, windows, roof, porches and other appurtenant features.
H. "Historic District" means any district that has been locally designated by the City Council to be regulated by the historic overlay provisions of this Zoning Code.
I. "Landmark" means a single property or site that has been locally designated by the City Council to be regulated by the historic overlay provisions of this Zoning Code.
J. "Mothballing" means the process of protecting a vacant historically and/or architecturally significant building from further deterioration and/or vandalism by:
1. Patching the roof of the building to protect the building from inclement weather; and/or
2. Securely boarding up the doors, windows and any or all other openings of the building.
K. "Neighborhood delegates" means residents of the City who reside in or own property within designated Historic Districts.
L. "Person" means any person, persons, associations, organizations, partnership, units of government, public body, corporation, owner occupant or tenant, vendor or vendee under a land installment contract, court-appointed guardian of a minor or incompetent owner of real property, parent or custodian of a minor owner of real property, trustee under a trust agreement owning real property, or any person contracting with or acting as agent or servant for any of the above.
M. "Preservation" means the process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilize the structure and provide structural safety without changing or adversely affecting the character or appearance of the structure.
N. "Property owner" means the owner or owners of record.
O. "Reasonable economic use" means a use for a structure or property that will produce a reasonable return for the owner. "Reasonable economic use" means that the property or structure is economically viable. In a situation involving a property or structure that is not income-producing, reasonable economic use means that the property or structure can be put to a reasonable beneficial use.
P. "Rehabilitation" or "renovation" means the modification or change to an existing building. Rehabilitation extends the useful life or utility of the building through repairs or alterations, sometimes major, while the features of the building that contributed to its architectural, cultural or historical character are preserved and/or restored.
Q. "Standards and guidelines" means the building construction and building rehabilitation criteria, derived from historical and architectural information reflecting that particular Historic District or landmarked property, to be used by a Historic District Commission in considering Certificate of Appropriateness applications.
R. "Structure" means any building including houses, stores, warehouses, places of religious assembly, schools, garages, barns, carriage houses, tool sheds, or similar buildings, and also fences, walls, light fixtures, steps, signs, works of art, or other like fixtures of any appurtenances thereto, or any significant landscaping.
(Ord. 170-04. Passed 3-23-04.)
1103.0303 Designation or Expansion of Historic Districts and Landmarks.
The required procedure for designation of expansion of Historic Districts and landmarks is set forth in Section 1111.1000.
(Ord. 170-04. Passed 3-23-04.)
1103.0304 Effect of Designation.
The Historic Overlay (-HO) zoning classification may be applied to Historic Districts or individual landmarks. Once -HO zoning is approved, the Planning Director must cause the Historic District designation to be shown upon the Official Zoning Map as an overlay without changing the base zoning district or districts. Whenever there is conflict between regulations applicable in a base zoning district and the regulations of the Historic District, the more restrictive will apply.
(Ord. 170-04. Passed 3-23-04.)
1103.0305 Correlation of City Programs; Land Use Review.
A. The City must consider its Capital Improvements Program, land purchases, and other plans in or proximate to a Historic District, with respect to the purpose and requirements of the historic overlay provisions of this Zoning Code and will, whenever feasible, support them and conform thereto.
B. The Plan Commission must notify the respective Historic District Commissions of any activity requiring Plan Commission review which is in the respective Historic District or 500 feet from its boundary. Notification must be given to the respective Historic District Commission at least ten calendar days before the Plan Commission hearing.
(Ord. 170-04. Passed 3-23-04.)
1103.0306 Certificates of Appropriateness.
No contractor, owner or other person may make any environmental changes to any landmark property or property within a designated historic district unless a valid written Certificate of Appropriateness has been issued by the respective Historic District Commission. See the Certificate of Appropriateness procedures of Section 1111.1100.
A. Standards for Rehabilitation. The U.S. Secretary of the Interior's "Standards for Rehabilitation" ("Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings;" W. Brown Morton et al.; U.S. Department of the Interior, National Park Service, Cultural Resources Preservation Assistance Division; Washington D.C., reprinted 1997) have been adopted pursuant to this section. Compliance with these standards is required for all historic landmarks and districts.
1. The "Standards for Rehabilitation" are available from the office of the Plan Commission and the U.S. Government Printing Office.
2. Information about the "Standards for Rehabilitation" may be viewed on the Internet at http://www.nps.gov/history/hps/tps/ standards/rehabilitation.pdf.
B. Decisions. Decisions reached by each Historic District Commission will be based on the Commission's interpretation of the U.S. Secretary of the Interior's "Standards for Rehabilitation", the testimony of the applicant and other interested parties, and most importantly, the effect of the Commission's decision upon the applicant.
(Ord. 170-04. Passed 3-23-04; Ord. 314-12. Passed 6-19-12; Ord. 614-22. Passed 11-22-22.)
1103.0307 Old West End Historic District.
A. Boundaries.
1. The Old West End Historic District lies approximately ½ mile northwest of the Central Business District and consists of approximately 35 City blocks, approximately 1½ miles north to south and ½ mile east to west, and is approximately 355 acres.
2. The boundaries of the district are generally depicted on the Official Zoning Map. A map of the boundaries and boundary description are also presented in Appendix B.
3. The district boundaries will be automatically amended at such time as local Historic District status is established for the Toledo Olde Towne Historic District area, the boundary between the Toledo Olde Towne and Old West End Historic Districts will then be defined as the centerline of Collingwood Boulevard.
B. Historic and Architectural Significance.
1. The Old West End is a predominantly late Victorian and Edwardian residential district. The district is mostly residential built almost entirely between 1875 and 1915, with houses including, but not limited to, the Second Empire, Queen Anne, Eastlake and Shingle styles, Richardsonian, Romaneseque, Chateauesque, Georgian Revival, Renaissance Revival, and Neo- Classical Revival styles. It also includes apartment houses, the Toledo Museum of Art, whose original unit was completed in 1912, Mary Manse College, three churches and a hospital.
2. The development of the district began after the Civil War when prosperous merchants and later industrialists moved away from the downtown area near the Maumee River. The names of the owners such as Libbey, Ford, Willys, Blair and Secor have a great local, and in some cases, Ohio and national significance. The unusual integrity of this early residential area makes it most imperative that it be preserved as a viable element in urban Toledo.
(Ord. 170-04. Passed 3-23-04.)
1103.0308 Vistula Historic District.
A. Boundaries. The Vistula Historic District lies just northeast of the Central Business District and consists of approximately 26 square blocks. The Vistula Historic District comprises the earliest remaining commercial and residential development in the City of Toledo. The boundaries of the district are generally depicted on the Official Zoning Map. A map of the boundaries and boundary description are also presented in Appendix C.
B. Historic and Architectural Significance.
1. Vistula is historically significant because it is the oldest remaining neighborhood within the City of Toledo. The architecture of this area adds to Vistula's significance as it represents a full range of 19th century styles. It is a living museum of commercial, domestic, and ecclesiastic architecture. Vistula portrays an impressive visual scale of architectural development including, but not limited to, Greek Revival, Italianate, Gothic, Victorian, Queen Anne, and Eclectic styles.
2. The beginnings of Vistula date to 1832, when Major Benjamin F. Stickney, a former U.S. Indian agent at Fort Wayne, Indiana, and a prominent resident of this area, began to develop the land below the existing town of Port Lawrence on the Maumee River. Actual land clearing and construction in Vistula was undertaken by Edward Bissell, who came from New York at Stickney's urging. By 1833, the sale of lots had commenced, and there are still a few homes from t his era remaining in Vistula.
3. Port Lawrence and Vistula were merged and incorporated under the new name of "Toledo" in 1837. It was at this time that Major Stickney donated a strip of land to the new Erie & Kalamazoo Railroad, thereby distinguishing these two towns as the home of the first railroad west of the Allegheny Mountains. Also, the Miami and Erie Canal was continued through Port Lawrence and Vistula, connecting with the Maumee Bay in 1842. Both of these factors contributed greatly to an increased prosperity in this area.
4. Construction of homes, businesses, and religious buildings in Vistula has continued from those early days of the 1830's, with revisions, restorations, and new commerce currently occurring. What remains in Vistula, then, is a cohesive neighborhood whose buildings represent the growth of this area spanning 140 years.
(Ord. 170-04. Passed 3-23-04.)
1103.0309 Westmoreland Historic District.
A. Designation. The Westmoreland Historic District is hereby designated to protect and enhance the historical and architectural characteristics of Westmoreland.
B. Boundaries. The Westmoreland Historic District lies three miles west of the Central Business District and consists of 20 blocks comprising 261 lots on approximately 90 acres. The boundaries of the district are generally depicted on the Official Zoning Map. A map of the boundaries and boundary description are also presented in Appendix D.
C. Historic and Architectural Significance. Westmoreland is significant as the largest example of the "planned landscaped neighborhood" in Toledo, and as the finest collection of early 20th century revival style architecture in the City. It was begun in 1915 as an aggressive real estate development of the Welles-Bowen Company of Toledo, and was platted into its current subdivision form (90 acres) at its origin by the developers. The architecture represents some of the most important domestic examples of the Colonial, English, Italian, Spanish and French revival styles in northwestern Ohio, and is the work of notable 19th and 20th century Toledo architects. Westmoreland's original residents were among Toledo's most prominent.
(Ord. 170-04. Passed 3-23-04.)
1103.0401 Creation of District.
The -MRO, Maumee Riverfront Overlay District is hereby created as an overlay district to be applied to such lands related to and adjacent to the Maumee River and MaumeBay as City Council may designate by ordinance.
A. The -MRO District and its subdistricts, after designation by City Council, must be shown on the Official Zoning Map as an overlay zoning designation so that the underlying zoning district designation will remain legible.
B. A map of the boundaries and boundary description of the -MRO District and its three subdistricts are presented in Appendix E.
(Ord. 170-04. Passed 3-23-04.)
1103.0402 Effect of District.
The -MRO District modifies the requirements, regulations and procedures that apply in the underlying zoning districts pursuant to the regulations of this section.
(Ord. 170-04. Passed 3-23-04.)
1103.0403 General Purpose and Intent.
A. The Maumee Riverfront District is of special and substantial public interest because of its location along the lower reaches of the major river in the region. The river is a visual, environmental and transportation resource affecting substantial portions of the City including many neighborhoods, the Central Business District, numerous parks, and several areas designated or with the potential for redevelopment.
B. It is the general purpose and intent of these regulations to provide for maximum public benefit from the further development of the riverfront area, through a sharing of the -MRO District land by different types of uses which are developed with a river orientation and with an emphasis on the opportunity for enjoyment of river vistas and access by a maximum number of citizens.
C. It is further the intent of this section to provide for public access to the waterfront; to eliminate or minimize negative environmental impact; and to provide for improved scenic and aesthetic controls, improved transportation coordination and capability, and the coordination of residential, recreational, commercial and industrial land uses.
d. It is further the intent of this section to implement the Comprehensive Plan by requiring public review of proposed development within the -MRO District.
(Ord. 170-04. Passed 3-23-04.)
1103.0404 Purpose and Intent of Residential, Park and Water-Oriented Recreation -MRO Subdistrict.
Within the Residential, Park and Water- Oriented Recreation subdistrict, the -MRO regulations are intended to promote a superior level of public access, convenience, comfort and amenity; to encourage safe and efficient pedestrian and vehicular access; to provide adequate parking; to preserve and enhance principal vistas and visual relationships; and to promote a beneficial relationship between the waterfront area and adjoining areas.
(Ord. 170-04. Passed 3-23-04.)
1103.0405 Purpose and Intent of Industry and Water-Oriented Industry -MRO Subdistrict.
Within the Industry and Water-Oriented Industry subdistrict, the -MRO District regulations are intended to encourage, foster, consolidate, and unify such development in locations with adequate land area and access capabilities.
(Ord. 170-04. Passed 3-23-04.)
1103.0406 Purpose and Intent of Near Downtown -MRO Subdistrict.
Within the Near Downtown subdistrict, the - MRO regulations are intended to promote commercial uses and high-intensity residential development, while permitting other appropriate uses such as parks, recreational facilities, the retention of existing water- oriented industrial uses, or nondisruptive additions to existing industrial facilities; to encourage the beneficial coordination of commercial, residential, recreational, park and appropriate industrial uses. To these ends, development shall be designed to establish, through the spacing, height and bulk of structure, an open character with respect to principal views of the river. Pedestrian circulation system, wherever feasible, shall form a convenient, landscaped network to extensive areas of shoreline. It is further intended that adverse visual influences be prohibited or minimized, to preserve and enhance unusual visual qualities.
(Ord. 170-04. Passed 3-23-04.)
1103.0407 Modifications of Zoning District Regulations.
A. Modification of Regulations. Modifications may be required or permitted from a regulation or regulations applying generally within the underlying district upon finding in a particular case that such modifications are necessary to achieve the public purposes set forth for the -MRO District or for public protection, protection of particular buildings and their environs, preservation of undeveloped areas of public interest, or to ease the transition from one zoning district or type of use to another. Such modifications may require or permit such change as:
1. Buffering and screening, variation of yards or other open space generally required, changes in signs, and changes in height.
2. Elimination of or limitation on specific uses otherwise permitted. Determination of any such elimination or limitation of a specific use may be requested without plan review in order to reduce the time and expense of review in those cases where the Plan Commission finds it can feasibly determine such limitation independently of a review of detailed site and development of operational plans.
B. Recording of Modifications. As appropriate to the circumstances of the particular case, a document describing the modifications may be recorded with the County Recorder.
(Ord. 170-04. Passed 3-23-04.)
1103.0408 Review Procedures and Guidelines.
See Section 1111.1400, Maumee Riverfront Review Procedure and Guidelines.
(Ord. 170-04. Passed 3-23-04.)
1103.0502 Selection Criteria.
A -UNO District must be a geographically defined area that has a significant concentration, linkage or continuity of sites that are united by physical development, architecture or history.
A. To be eligible for -UNO zoning, the area must comply with the following criteria.
1. The area must possess environmental characteristics that create an identifiable setting, character and association.
2. The area must be covered by a neighborhood or area plan approved as an amendment to the Comprehensive Plan.
3. The designated area must be a contiguous area of at least five acres. Areas of less than five acres may be designated if they abut an existing -UNO District.
B. Preference shall be given to areas where the general pattern of development, including streets, places, lots and buildings, has been established at least 40 years prior to creation of the district.
(Ord. 170-04. Passed 3-23-04.)
1103.0503 Uses.
The -UNO District does not regulate the use of land, buildings or structures. The use regulations of the underlying base zoning district control.
(Ord. 170-04. Passed 3-23-04.)
1103.0504 Development/Design Standards.
In establishing an -UNO District, the Plan Commission is authorized to propose, and the City Council is authorized to adopt, by ordinance, district-specified development and design standards to guide development and redevelopment within -UNO Districts.
A. When development/design standards have been approved, each building permit application for new construction or exterior alteration within the designated -UNO District must comply with those standards.
B. When there are conflicts between the development/design standards of the underlying base zoning district and adopted -UNO District development/design standards, the -UNO development/design standards will govern.
C. The Board of Zoning Appeals has no authority to grant interpretations, exceptions or variances from the adopted development/design standards.
D. The enforcement provisions of Chapter 1115 apply.
(Ord. 170-04. Passed 3-23-04.)
1103.0505 -UNO Districts Established.
The following -UNO Districts are established:
Urban Neighborhood District Name | Boundaries | Associated Development Standards and Administrative Policy |
Monroe Street Corridor | 14th St. to Algonquin Parkway | See Sec. 1103.0900 |
Summit Street Corridor Redevelopment | Cherry Street to I-280 | See Sec. 1103.1200 |
Main Street/Starr Avenue | Front Street, Main Street, & Starr Ave. | See Sec. 1103.1300 |
Cherry Street
| Cherry Street from Manhattan Boulevard to Greenbelt Parkway
| See Sec. 1103.1400 |
Warehouse
| Monroe Street, Swan Creek, Woodville Road, St. Clair Street, I-75 to Anthony Wayne Trail
| See Sec. 1103.1500 |
(Ord. 170-04. Passed 3-23-04; Ord. 497-07. Passed 7-24-07; Ord. 38-09. Passed 1-20-09; Ord. 95-10. Passed 3-2-10; Ord. 8-14. Passed 1-2-14; Ord. 9-14. Passed 1-2-14.)
1103.0506 Establishment of -UNO District.
-UNO zoning districts are established in accordance with the Zoning Map Amendment procedures of Section 1111.0600, except as modified by the following provisions.
A. An application to establish an -UNO District may be initiated by the City Council.
B. Applications may also be initiated by petition when signed either by the owners of fifty-one percent (51%) of the area within the proposed -UNO District or by at least fifty-one percent (51%) of the property owners within the proposed district.
C. The Plan Commission must make written recommendations regarding the creation of an -UNO District, which shall be provided to the City Council for its consideration along with other relevant information. The written recommendations shall:
1. Be preceded by and take due consideration of public hearings held upon the proposed -UNO District; and
2. Expressly state whether the proposed district should be approved, approved subject to conditions, or denied.
3. An explanation of how the area meets the selection criteria contained in Section 1103.0502;
4. In the case of an area found to meet the criteria in Section 1103.0502, a description of the general pattern of development, including streets, places, lots and buildings in the area; district-specified development and design standards to guide development and redevelopment within the district;
5. An explanation of the planning and zoning implications related to the designation of the proposed area and district- specified development and design standards;
6. A map showing the recommended boundaries of the -UNO District;
7. A record of the proceedings before the Plan Commission.
D. Upon receipt and due consideration of the written recommendations of the Plan Commission, and other relevant information, the City Council must act to approve, approve with conditions or deny the application for a -UNO District.
(Ord. 170-04. Passed 3-23-04.)
1103.0507 Review Procedures.
Unless otherwise expressly required in this Zoning Code, proposed new construction and exterior alterations within designated -UNO Districts are subject to the Site Plan Review procedures of Section 1111.0800.
(Ord 170-04. Passed 3-23-04.)
1103.0601 Purpose.
The -PO, Pedestrian-Oriented Overlay district is intended to:
A. Protect, maintain and re-establish the physical character of older commercial corridors that are characterized by pedestrian- oriented development patterns;
B. Implement appropriate building and parking setbacks that accommodate redevelopment that is compatible with historical building patterns; and
C. Promote development that features retail display windows, rear parking lots, and other pedestrian-oriented site design features.
(Ord. 170-04. Passed 3-23-04; Ord. 247-20. Passed 7-13-20.)
1103.0602 Effect of Designation.
The -PO district is an overlay zoning classification that establishes additional design standards on development allowed by the underlying zoning district. In the event of conflict between the -PO district regulations and the regulations of the underlying base zoning district, the -PO zoning regulations govern. In all other cases, both the overlay zoning and underlying zoning regulations apply.
(Ord. 170-04. Passed 3-23-04; Ord. 247-20. Passed 7-13-20.)
1103.0603 -PO Classification.
Those areas classified in the -PO district shall be shown on the Official Zoning Map.
(Ord. 170-04. Passed 3-23-04; Ord. 247-20. Passed 7-13-20.)
1103.0604 Establishment of District.
-PO zoning districts are established in accordance with the Zoning Map Amendment procedures of Sec. 1111.0600. The following factors should be considered when establishing a new -PO district:
A. Community engagement and public support of the proposed Pedestrian Overlay;
B. Availability of on-street parking, public parking, and other shared parking within and surrounding the district, including handicap accessible spaces; and
C. Ample pedestrian and bicycle infrastructure within and surrounding the district.
(Ord. 170-04. Passed 3-23-04; Ord. 247-20. Passed 7-13-20.)
1103.0605 Applicability.
A. The standards of the -PO district apply to the construction of any building or building addition that increases a building's floor area by more than 10 percent, except for detached houses and duplexes. The standards also apply to the construction of off-street parking spaces and driveways.
B. Building alterations that conflict with these standards or that otherwise increase the degree of non-compliance with these standards are prohibited.
(Ord. 170-04. Passed 3-23-04; Ord. 247-20. Passed 7-13-20.)
1103.0606 Maximum Setbacks.
A. Building Setbacks
1. The maximum allowed front setback shall be 10 feet unless a public-private setback zone is provided.
2. If a public-private setback zone is provided a maximum front setback of 20 feet is allowed for up to 50 percent of the building frontage.
3. Buildings on corner lots must comply with maximum building setback standards along all lot frontages.
B. Parking Setbacks
1. Parking lots, on-site drive aisles and parking lanes must be set back from street rights-of-way a minimum of 5 feet.
2. Parking lots and accessory structures shall be located at the rear of the principal building. No corner parking lots are permitted. Parking may be located along the non-street side of the principal building if approved through the Major Site Plan review process of Sec. 1111.0800.
3. See also the parking area design standards of Sec. 1103.0610.
(Ord. 170-04. Passed 3-23-04; Ord. 247-20. Passed 7-13-20.)
1103.0607 Design Standards.
A. Building facades facing a Primary Street must incorporate a main entrance door on the primary street.
B. Building frontages that face Primary Streets and exceed a width of 50 feet must include vertical visual elements to break the plane of the building frontage. Such vertical elements must be spaced at intervals of 15 feet to 35 feet along the entire building frontage.
C. For commercially used property at least 60 percent of each building frontage along a Primary Street, between the height of 2 feet and 10 feet above the nearest sidewalk grade, must consist of clear, non-tinted, non-mirrored, and uncovered window glass permitting views of the building's interior to a depth of at least 4 feet. For building frontages other than those on Primary Streets, the window glass must continue for a minimum of 10 feet. No exterior security bars or roll-down metal doors shall be allowed. This provision shall not apply for the conversion of a residential building to a commercial use.
D. All roof-mounted mechanical equipment must be screened from public view. The screening must be of a sufficient height to prevent persons located at the street level from viewing the screened items. The design, colors and materials used in screening must be consistent with the architectural design of the building. Dumpsters and trash receptacles must be screened in accordance with Sec. 1108.0304(B).
E. This provision does not apply to buildings officially recognized as historic or those deemed eligible for listing in the National Register of Historic Places if the provision would result in a modification of the original historic appearance of the building.
(Ord. 170-04. Passed 3-23-04; Ord. 247-20. Passed 7-13-20.)
1103.0608 Building Facade Material and Color.
See Sec. 1109.0500 for building facade material and color standards.
(Ord. 170-04. Passed 3-23-04; Ord. 247-20. Passed 7-13-20.)
1103.0609 Drive-through Uses.
Drive-through pickup windows and canopies are permitted only in accordance with the following standards:
A. They must be attached to the principal building.
B. They must be located at the rear of the building and are prohibited on building frontages.
C. No multi-lane drive-through facilities are allowed, except for banks which may have up to two drive-through lanes.
(Ord. 170-04. Passed 3-23-04; Ord. 247-20. Passed 7-13-20.)
1103.0610 Parking.
A. Non-residential uses are exempt from off-street parking minimums.
B. No off-street parking spaces are required for residential developments of 10 units or less. For larger residential uses, the minimum number of off-street parking spaces required is one space per residential unit, plus one space per 10 dwelling units for visitor parking.
D. Parking, stacking, and circulation aisles between a street right-of-way and a building are not permitted.
E. Additional curb cuts are prohibited along streets identified in the Street and Highway Plan unless the Division of Transportation determines that a new curb cut is the only means available to provide vehicular access to the site and that the new location of the curb cut meets the requirements of the Division of Transportation.
F. Parking lots and parking facilities that front on street rights-of-way shall be screened as provided in Sec. 1108.0305.
G. Bicycle parking is still required. The minimum number of bicycle parking slots is listed in Sec. 1107.0300.
H. See also the parking area setback standards of Sec. 1103.0606B.
(Ord. 170-04. Passed 3-23-04; Ord. 247-20. Passed 7-13-20; Ord. 419-25. Passed 9-9-25.)
1103.0611 Landscape Standards.
See Section 1108.0300, Urban Commercial Landscape Standards.
(Ord. 170-04. Passed 3-23-04.)
1103.0612 Review Procedures.
Unless otherwise expressly required in this Zoning Code, proposed new construction and exterior alterations are subject to the Site Plan Review procedures of Section 1111.0800.
(Ord. 170-04. Passed 3-23-04.)
1103.0701 Purpose.
The -SO, Shopping Center Sign Control Overlay District is intended to regulate the number, type and location of signs on shopping center sites and other properties within the boundaries of designated -SO Districts. The regulations are also intended to encourage unified sign plans for multi-tenant shopping center sites.
(Ord. 170-04. Passed 3-23-04.)
1103.0702 Effect of Designation.
The -SO District is an overlay zoning classification that establishes additional sign regulations on development allowed by the underlying zoning district. In the event of conflict between the -SO District regulations and the regulations of the underlying base zoning district or the sign regulations of the Municipal Code, the overlay zoning regulations govern. In all other cases, both the overlay zoning and underlying zoning regulations apply.
(Ord. 170-04. Passed 3-23-04.)
1103.0703 -SO Classification.
Those areas classified in the -SO District shall be shown on the Official Zoning Map.
(Ord. 170-04. Passed 3-23-04.)
1103.0704 Establishment of District.
-SO zoning districts are established in accordance with the Zoning Map Amendment procedures of Section 1111.0600.
(Ord. 170-04. Passed 3-23-04.)
1103.0705 Applicability.
All exterior signs, including the replacement of existing signs within the -SO District shall comply with the provisions of Part Thirteen of the Building Code, except as modified by the overlay district standards of this section.
(Ord. 170-04. Passed 3-23-04.)
1103.0708 Low-Profile Signs. (Repealed)
(EDITOR'S NOTE: Former Section 1103.0708 was repealed by Ordinance 166-24, passed April 10, 2024.)
1103.0709 Prohibited Signs. (Repealed)
(EDITOR'S NOTE: Former Section 1103.0709 was repealed by Ordinance 166-24, passed April 10, 2024.)
1103.0710 Review Procedures.
Proposed sign plans for properties within the -SO District shall be reviewed at the time of Site Plan approval for the subject property, in accordance with Section 1111.0800. Any proposed signage changes after approval of the original Site Plan shall require review as an amendment to the approved Site Plan.
(Ord. 170-04. Passed 3-23-04.)
1103.0901 Purpose.
The Monroe Street Corridor UNO District is intended to:
A. provide a review process for proposed physical changes to structures and public space along the Monroe Street Corridor in order to evaluate the proposals in relation to the Monroe Street Corridor Design and Livability Plan, adopted by Toledo City Council as an amendment to the Toledo 20/20 Comprehensive Plan (Ordinance 368-03);
B. implement appropriate building and parking setbacks that accommodate redevelopment that is compatible with historical building patterns; and
C. promote development that features retail display windows, rear parking lots, and other pedestrian-oriented site design features.
(Ord. 497-07. Passed 7-24-07.)
1103.0902 Effect of Designation.
The Monroe Street Corridor UNO district is an overlay zoning classification to be established as an Urban Neighborhood Overlay (UNO) District under the provisions of Sec. 1103.0500. The overlay zoning district establishes additional design standards for development allowed by the underlying zoning district. In the event of conflict between the Monroe Street Corridor UNO district regulations and the regulations of the underlying base zoning district, the overlay zoning regulations govern. In all other cases, both the overlay zoning and underlying zoning regulations apply.
(Ord. 497-07. Passed 7-24-07.)
1103.0903 Monroe Street Corridor UNO Classification.
Those areas classified in the Monroe Street district shall be shown on the Official Zoning Map.
(Ord. 497-07. Passed 7-24-07.)
1103.0904 Monroe Street Corridor UNO District Boundaries.
The boundaries of the District are hereby established as shown on the City of Toledo zoning maps. The District boundaries includes those parcels within 300 feet of the centerline of the Monroe Street right-of-way along both sides, extending from Collingwood Boulevard on the east to Algonquin Parkway (just past Central Avenue) on the west. The overlay district regulations apply to the entirety of parcels, as existing at the time of adoption, lying wholly or partially within this boundary.
(Ord. 497-07. Passed 7-24-07; Ord. 366-24. Passed 7-17-24.)
1103.0905 Review and Approval Procedures.
The site plan review shall be as specified in Sec. 1111.0800. Building elevation drawings (with colors and materials indicated) showing the front, rear and side views shall be submitted along with the site plan.
A. The standards of the Monroe Street Corridor UNO district apply to the construction of any building or building addition that increases a building's floor area by more than 10 percent, except for detached houses and duplexes used for residential purposes. The standards also apply to the construction of off-street parking spaces and driveways, except for those serving detached houses and duplexes used for residential purposes.
B. Building alterations that conflict with these standards or that otherwise increase the degree of non-compliance with these standards are prohibited.
(Ord. 497-07. Passed 7-24-07.)
1103.0906 Design Criteria Used to Evaluate Site Plans and Projects.
In addition to the design standards contained in Chapter 1109, Design Standards, the following criteria apply.
A. Relationship of Buildings to Site
1. The site shall be planned to accomplish a desirable transition between the building(s) and the streetscape to provide for adequate planting, safe pedestrian movement, and parking areas.
2. Parking areas shall be treated with decorative elements, building wall extensions, plantings, or other innovative means so as to screen parking areas from view from public ways.
3. The height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
4. Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.
B. Building Setback and Height
1. The maximum allowed front setback shall be 10 feet unless a public-private setback zone is provided.
2. If a public-private setback zone is provided a maximum front setback of 20 feet is allowed for up to 50 percent of the building frontage.
3. Buildings on corner lots must comply with maximum building setback standards along all lot frontages.
4. The minimum side yard and rear yard setbacks shall be as specified in the underlying zoning district.
5. The maximum building height shall be as specified in the underlying zoning district.
C. Building Design
1. Building facades facing a Primary Street must incorporate a main entrance door on the primary street.
2. Building frontages that face Primary Streets and exceed a width of 50 feet must include vertical visual elements to break the plane of the building frontage. Such vertical elements must be spaced at intervals of 15 feet to 35 feet along the entire building frontage.
3. All roof-mounted mechanical equipment must be screened from public view. The screening must be of a sufficient height to prevent persons located at the street level from viewing the screened items. The design, colors and materials used in screening must be consistent with the architectural design of the building.
4. Dumpsters and trash receptacles must be screened in accordance with Sec. 1108.0304(B).
5. For commercially used property at least 60 percent of each building frontage along a Primary Street, between the height of 2 feet and 10 feet above the nearest sidewalk grade, must consist of clear, non-tinted, non-mirrored, and uncovered window glass permitting views of the building's interior to a depth of at least 4 feet. For building frontages other than those on Primary Streets, the window glass must continue for a minimum of 10 feet. No exterior security bars or roll-down metal doors shall be allowed. This provision shall not apply for the conversion of a residential building to a commercial use.
6. This provision does not apply to buildings officially recognized as historic or those deemed eligible for listing in the National Register of Historic Places if the provision would result in a modification of the original historic appearance of the building.
D. Building Materials
Maintaining consistent palette of materials is important to establish continuity within the corridor and to improving the overall appearance of the district. Predominant building materials should be high quality. Exterior insulation and finish system (EIFS) materials and applications are prohibited. The following are identified as acceptable for predominant exterior building materials:
1. Brick: Shall be standard modular brick with common tooled mortar joints. Untooled joints, distressed brick, or irregular shaped brick are prohibited. Brick color and texture shall be compatible with original brick facades on Monroe Street, constructed prior to the 1940's. Brick of this period was commonly blond, yellow blond, beige, or dull red with very little color range. Textures varied from smooth or glazed to rough. Textures tended to be uniform.
2. Wood;
3. Smooth finish stone such as limestone or sandstone; color to be light to medium 'buff';
4. Glass.
5. Materials with a brick-like appearance such as "Founders Brick" or similar material;
6. Textured cement board;
7. The Plan Director, in consultation with the Monroe Street Redevelopment Organization, may approve exceptions in special circumstances, such as an addition or renovation to an existing building or a unique architectural treatment.
(Ord. 497-07. Passed 7-24-07; Ord. 811-07. Passed 12-11-07.)
1103.0907 Permitted and Special Uses.
All uses that are permitted or special uses in the underlying zoning district(s) remain as permitted or special uses in the Overlay District.
(Ord. 497-07. Passed 7-24-07.)
1103.0908 Accessory Buildings and Uses.
All accessory buildings and uses which are permitted in the underlying zoning district(s) are permitted within the district, except that any detached accessory building on any lot shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Accessory buildings used for single family residential purposes are exempt from this requirement.
(Ord. 497-07. Passed 7-24-07.)
1103.0909 Landscape Review Requirements.
Site plan review shall also include the review of landscape design elements and conformance with Sec. 1108.0300 (Urban Commercial Landscape Standards).
(Ord. 497-07. Passed 7-24-07.)
1103.0910 Off-Street Parking.
Off-street parking requirements for properties within the Monroe Street Corridor UNO district shall comply with the requirements set forth in Chapter 1107, Parking, and the following provisions:
A. Location of off-street parking facilities shall be on the same lot as the principal use or within three hundred (300) feet of the building (measured from the nearest point of the building or use to the nearest point of the parking) on the same side of Monroe Street or an alternative access and parking plan may be submitted as provided for in Sec. 1107.1400.
B. Off-street parking facilities shall be located in the rear portion of the subject property and behind the principal building or use. The construction of new off-street parking lots having frontage on Monroe Street is prohibited. This provision may be waived by the Plan Commission if parking cannot be provided in the rear or on the side of the principal building(s).
C. If parking in the rear of the lot is not feasible because the lot is too shallow, or other unique circumstances approved by the Plan Commission, then parking may be allowed on the side of the building if a screening wall and landscape treatment is installed along the frontage in conformance with the following:
1. A brick masonry screen wall thirty-two (32") inches in height measured from grade with a four (4") inch coping shall be installed along the property line.
2. A landscape island or greenbelt, ten (10') feet in width shall be installed behind the screen wall. This landscape island/ greenbelt shall accommodate the installation of canopy trees, at least three (3") inches in caliper.
3. If the parking lot is located adjacent to a building, a six (6') foot wide sidewalk shall be installed between the building and the parking area.
D. Access to parking lots shall be provided off alleys when available in order to minimize curb-cuts across pedestrian sidewalks.
E. The required number of off-street loading spaces may be reduced or eliminated by the Planning Director in consultation with the Division of Transportation, with due consideration given to the following factors:
1. frequency and time of deliveries;
2. size and nature of vehicles accommodated by the loading spaces;
3. the character of the neighborhood; and
4. impact upon adjoining streets, places, or alleys.
(Ord. 497-07. Passed 7-24-07.)
1103.0911 Lighting Requirements.
A. In reviewing the lighting proposed for a lot to be developed in the District, factors to be considered include but are not limited to:
1. Safety provided by the lighting.
2. Security provided by the lighting.
3. Light spillage or glare onto adjoining residential properties and/or streets is prohibited.
4. Height and placement of lighting standards considering the use.
B. Site Lighting for Small Parking Lots (Twenty-Five or Less Parking Spaces)
1. Site lighting for small parking lots shall utilize a pedestrian style light fixture and pole to match the lights being used by the City of Toledo for public enhancement projects along Monroe Street. The model number for the light pole and luminaire, as well as detailed product specifications, will be provided by the Plan Commission.
2. The light source shall be metal halide.
3. The light intensity shall average a minimum of .5 footcandles, measured five (5') feet above grade for parking lots and 1 to 3 footcandles measured five (5') feet above grade for pedestrian sidewalks.
C. Site Lighting for Large Parking Lots (Twenty-Six or More Parking Spaces)
1. Site lighting for large parking lots shall utilize a Shoe Box Fixture and pole (maximum 25 feet height) for efficiency of lighting and neutrality of design. The model number for the light pole and luminaire, as well as detailed product specifications will be provided by the Plan Commission.
2. The light source shall be metal halide.
3. Pedestrian scale lighting (pole top mount) shall be used along collective walks.
4. The light intensity shall average a minimum of .5 footcandles, measured five (5') feet above grade for parking lots and 1 to 3 footcandles measured five (5') feet above grade for pedestrian sidewalks.
(Ord. 497-07. Passed 7-24-07.)
1103.0912 Canopies/Awnings.
A. Awnings shall be traditional in design; they shall be triangular in section, sloping outward and down from the top of the opening. Narrow front and side flaps are common. Round-top, half-round, box, or other unusual awning shapes are prohibited unless approved in writing by the Plan Director. Internally lighted awnings are also prohibited. Signage on awnings shall be prohibited.
B. Canopies shall be narrow in elevation, six (6") inches to twelve (12") inches, and flat. Typically such canopies would have internal drainage. Canopies shall be self supporting or supported by tension rods. Canopy projections are limited to thirty-six (36") inches. Sloping or unusually shaped canopies are prohibited.
(Ord. 497-07. Passed 7-24-07.)
1103.0913 Signage.
Signage shall comply with Part 13, Title 9, Chapter 1387, Signs Permitted in Zoning Districts, and the following regulations:
A. Building signs shall be located above the main entrance, on the upper facade wall. The sign shall be sized to allow the masonry to be fully exposed around the sign.
B. No sign or part of a sign shall be located above the parapet of any facade. Roof mounted signs are prohibited.
C. Building signs shall not exceed the width of the storefront opening.
D. The shape of building signs shall be rectangular, or slight variations of rectangular forms.
E. Projecting signs are allowed. The maximum projection is three and one-half (3 ½') feet.
(Ord. 497-07. Passed 7-24-07; Ord. 166-24. Passed 4-10-24.)
1103.1001 Purpose.
The Planned Unit Development (PUD) is a voluntary procedure that provides an overlay zoning district that is intended to encourage innovative design, conservation of significant natural features or consolidation of open space in order to provide for a mixture of uses with an integrated design. The Planned Unit Development allows greater design flexibility that provides for the siting of development in a coordinated and efficient manner.
(Ord. 202-08. Passed 4-8-08.)
1103.1002 Description.
Planned Unit Development regulations are intended to promote consistency with the Comprehensive Plan and adopted neighborhood plans. The Planned Unit Development may be a residential, commercial, or industrial development or may be a combination of uses with no minimum site area required. All planned unit developments shall be platted in accordance with applicable subdivision rules and regulations.
(Ord. 202-08. Passed 4-8-08.)
1103.1003 Effect of other Zoning District Standards.
Except as expressly authorized by the regulations of this section and approved as part of a PUD plan, all of the standards of this Zoning Code apply to development within a PUD district.
(Ord. 202-08. Passed 4-8-08.)
1103.1004 Applicability.
A PUD district may be approved only when the City Council determines that a PUD would result in a greater benefit to the City than could development under conventional zoning district regulations. Existing Community Unit Plan (CUP) Ordinances prior to June 6, 2004 may be amended under the provision of this PUD section.
(Ord. 202-08. Passed 4-8-08.)
1103.1005 Approval Procedure.
The Planned Unit Development shall be submitted and processed pursuant to the notice and hearing provisions in Sec. 1111.0600- Zoning Map Amendments. All PUD applications shall include a site plan that shall be prepared by a licensed engineer, architect, or surveyor and a landscape plan. The City Council and/or Plan Commission may require additional information such as professionally prepared maps, survey drawings, studies or reports including environmental assessments and/or traffic impact studies for the development. The expense of providing this information is the responsibility of the applicant.
(Ord. 202-08. Passed 4-8-08.)
1103.1006 General Standards.
A. The development shall be in conformance with the goals and objectives of the Comprehensive Plan, and this Zoning Code.
B. The uses are compatible within the PUD and with surrounding land uses.
C. The arrangement of land uses and buildings on the site integrate the topography, natural features, views, traffic access and the arrangement of usable common open space.
(Ord. 202-08. Passed 4-8-08.)
1103.1007 Residential Standards.
A. The maximum number of dwelling units permitted shall not exceed the number of units permitted without the Planned Unit Development as determined by the underlying zoning district using net residential acreage (excepted as indicated in Table Note 2 below). The maximum number of dwelling units permitted in the Planned Unit Development shall be calculated by dividing the net residential acreage by the minimum lot area per dwelling unit as shown under Sec. 1106.0100. There shall be no right of approval to maximum density. For purposes of the calculation, net residential acreage equals 80 percent of the gross parcel acreage, and gross parcel acreage is the total parcel area excluding existing public rights-of-way. The maximum number of dwelling units permitted per gross acre according to this calculation is listed below for each zoning district.
Zoning District Maximum Dwelling Units Per Gross Acre:
Zoning District | Units Per Gross Acre |
Zoning District | Units Per Gross Acre |
RS12 | 2.9 |
RS9 | 3.8 |
RS6 | 5.8 |
RD6 | 5.8 |
RM12¹ | 10 |
RM24¹ | 19 |
RM36¹ | 29 |
CN¹ | 8 |
CO¹ | 19 |
CS¹ | 19 |
CM¹ ² | 49 |
CR¹ | 19 |
CD3 | NA |
Table Notes
1. Calculations based on multi-dwelling density
2. A PUD in a CM district is eligible for Density Bonuses as described in Sec. 1106.0400
3. A PUD in a CD district must have at least two (2) amenities listed in Sec. 1106.0400.
B. Dwelling Units may be any single or combination of the following residential household living types: single family, zero lot line, attached house, or duplex. Multi-family units are only permitted in RM and C zoning districts.
C. No more than 40 percent of gross site acreage shall be devoted to coverage by buildings, structures, street pavement, driveway, and parking area pavement.
D. No less than 15 percent of the gross site acreage, none of which is part of any required yard or perimeter open space, shall be allocated to usable, accessible and consolidated common open space (per Sec. 1103.1010(E)) and may be allocated on a plat by plat basis (one-third of the required common open space may be a lake or pond or storm detention or retention area). This open space shall be delineated on the plat as a lettered lot.
E. An open space area void of buildings, structures, parking areas, or other above ground improvements except fencing shall be maintained along all perimeter property lines of the Planned Unit Development as follows:
1. When abutting a Residential district, the open space perimeter area shall be provided with a minimum depth equal to the required rear yard setback of the PUD's underlying zoning district;
2. When a residential area of a Planned Unit Development abuts a Commercial or Industrial district, an open space perimeter area shall be provided that has a minimum depth of 50 feet or 30 feet with fencing or screening.
F. Building height shall be in accordance with the underlying zoning.
G. There are no minimum lot size, lot-width, building or structure setback requirements except as provided in Sec. 1103.1007 (E).
H. Telephone, electrical, cable, and other utility appurtenances shall be buried and dumpsters shall be sufficiently screened.
(Ord. 202-08. Passed 4-8-08; Ord. 346-10. Passed 6-22-10.)
1103.1008 Commercial.
A. Commercial developments shall be planned with common parking areas and common points of ingress and egress. Parking requirements shall be provided pursuant to Sec. 1107.0300, Off-Street Parking Loading, and the number of spaces shall be determined by each specific use within the Planned Unit Development. Parking and lighting shall be screened in accordance with Chapter 1108 - Landscaping and Screening.
B. An open space area void of buildings, structures, parking areas, or other above ground improvements except fencing shall be maintained on all perimeter property lines (except frontage) of the Planned Unit Development:
1. A minimum open space depth of 30 feet shall be provided unless a greater setback is required as listed in the underlying zoning district;
2. A minimum open space of 60 feet shall be provided when abutting a Residential District;
C. No less than 10 percent of the gross site acreage, none of which shall be a part of any required yard or perimeter open space, shall be allocated to usable, accessible and consolidated common open space (one-third of the required common open space may be a lake or pond or storm detention or retention area). Commercial development must include some noncommercial amenities within required common open space areas, such as open or closed plazas or mall areas, benches, tables, statuary, fountains, kiosks, pergolas and areas for public enjoyment.
D. No more than 70 percent of gross site acreage shall be devoted to coverage by buildings, structures, street, driveway and parking area pavement.
E. There shall be no minimum lot size, lot-width or building or structure setback requirements except as provided in Sec. 1103.1008 (B).
F. Telephone, electrical, cable and other utility appurtenances shall be buried and dumpsters shall be sufficiently screened.
(Ord. 202-08. Passed 4-8-08; Ord. 419-25. Passed 9-9-25.)
1103.1009 Industrial.
A. Industrial developments shall utilize natural features to screen lighting and parking. Parking and lighting shall be screened in accordance with Chapter 1108 - Landscaping and Screening.
B. A minimum open space width of 50 feet void of buildings, structures, parking areas, or other above-ground improvements except fencing shall be provided and maintained on all perimeter property lines of the Planned Unit Development when abutting a Residential district unless a greater setback is required by this Zoning Code.
C. No less than 10 percent of the gross site acreage, none of which shall be a part of any required yard or perimeter open space, shall be allocated to usable, accessible and consolidated common open space (two-thirds of the required common open space may be a lake or a pond or storm detention or retention area).
D. There shall be no minimum lot size, lot width, or building or structure setback requirements except as provided in Sec. 1103.1009 (B).
(Ord. 202-08. Passed 4-8-08.)
1103.1010 Additional Requirements and Standards.
A. Design
The architectural design and materials of multi-family, commercial, and industrial buildings, including signs, must comply with the applicable standards of Chapter 1109 - Design Standards. The architectural design shall be compatible with residential development although the style may vary provided it carries out a unique theme that enhances the character of the area.
B. Street Access
PUD's must have direct access to a street shown on the Toledo-Lucas County Major Street & Highway Plan. Each individual residential lot must connect to a public street or private place.
C. Platting
All Planned Unit Developments shall be platted according to the Subdivision Rules & Regulations for the City of Toledo.
D. Sidewalks
In addition to Sec. 1107.1300, Sec. 1109.0100, Sec. 1109.0204 (A), and Sec. 1109.0304, sidewalks must be built to city specifications along both sides of all streets, public or private. Sidewalks or other approved pedestrian walkways must be provided to link nonresidential areas with residential areas, both inside and outside the PUD.
E. Parking and Loading
The number of required off-street parking and loading spaces may be decreased or increased during the PUD review and approval process. Such requests must detail the type of alternative proposed and the rationale for such a proposal, including supporting research on or documentation of parking demand for the proposed use. The proposed request shall:
1. not adversely affect surrounding neighborhoods;
2. not adversely affect traffic congestion and circulation; and
3. have a positive effect on the economic viability or appearance of the project or on the environment.
Parking and loading areas must comply with all otherwise applicable design standards.
F. Open Space
The Plan Commission may recommend and the City Council may require private ownership and development of those common open spaces that are clearly of primary benefit to the employees, residents or visitors of the development.
1. The landowner must establish an agency for the ownership and maintenance of common open spaces where such are to be retained in private ownership.
2. The City may accept the dedication of land or any interest therein for public use and maintenance.
3. In the event the agency established to own and maintain the common open space or any successor agency shall at any time after establishment of the Planned Unit Development fail to fulfill any obligation imposed on such agency as a condition of approval of the Planned Unit Development, the City may serve written notice upon such agency or upon the residents and owners of the Planned Unit Development, setting forth the manner in which the agency has failed to fulfill its obligation. The notice shall include a demand that such deficiencies be cured within the time specified within the notice. If such deficiencies are not cured within the specified time, the City, in order to preserve the taxable values of the properties within the Planned Unit Development and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same and perform the other duties of the agency until such agency shall again resume its obligations. All costs incurred by the City in carrying out the obligations of the agency shall be assessed against the properties within the Planned Unit Development and shall become a tax lien on the properties.
G. Landscaping
Landscape plans shall be reviewed and approved in accordance with the procedures of Chapter 1108, Landscaping and Screening.
(Ord. 202-08. Passed 4-8-08.)
1103.1011 Amendments to Approved Planned Unit Development.
Minor amendments to approved Planned Unit Development applications or permits may be approved by the Planning Director. Major amendments require full review and approval in accordance with the procedures of this Sec. 1103.1000.
A. An application will be considered a major amendment to an approved Planned Unit Development application or 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;
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;
5. new uses 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 when not exceeding the maximum net residential acreage density allowed in the underlying zoning district; or
7. the Planning Director determines that the proposed change will have impacts that warrant full review of the application in accordance with the customary Zoning Map Amendment procedures.
B. An application that is not classified as a major amendment will be considered a minor amendment.
(Ord. 202-08. Passed 4-8-08.)
1103.1012 Successive Applications.
When the City Council denies a Planned Unit Development application or the applicant withdraws an application after the first public hearing notice has been published in the newspaper, the Plan Commission may not accept or process another application for the same or similar 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. 202-08. Passed 4-8-08; Ord. 510-21. Passed 9-28-21.)
1103.1013 Appeals.
Appeals of City Council decisions on a Planned Unit Development may be taken to the courts, as provided by law.
(Ord. 202-08. Passed 4-8-08.)
1103.1014 Expiration and Extension of Approval Period.
If construction of any phase of the approved Planned Unit Development begins within two years after the date of approval by ordinance is granted, the approval shall be valid until the development is completed. If no construction has begun within two years after approval is granted, the Planned Unit Development shall be void and the land shall revert to the original zoning classification prior to the PUD application. An extension of the time limit may be approved by the Toledo City Plan Commission.
(Ord. 202-08. Passed 4-8-08.)
1103.1015 Zoning Map.
Approved PUDs must be identified on the Official Zoning Map.
(Ord. 202-08. Passed 4-8-08.)
1103.1016 Additional Conditions.
The Plan Commission may recommend and the City Council may impose and/or waive other conditions other than density and standards during the PUD review and approval process, as deemed necessary to ensure consistency with the purposes of this section and those of this zoning code. Such conditions may include structures or building types to be allowed in the PUD. When conditions are imposed, an application will not be deemed approved until the applicant has complied with all of the conditions.
(Ord. 202-08. Passed 4-8-08.)
1103.1101 Purpose.
The purpose of the Reynolds Road Signage Overlay District is to establish an overlay district to address the unique characteristics of the properties within the Reynolds Road Signage Overlay district (RRSO).
(Ord. 489-08. Passed 7-29-08.)
1103.1102 Intent.
Reynolds Road is a major transportation corridor with unique traffic management needs, development pressures, and aesthetic characteristics that require the establishment of additional development standards to meet the City's goals and fulfill the purpose of this Section. The intent of the RRSO district is to require development along this portion of Reynolds Road that is aesthetically consistent, responsive to development pressures, and proportional to the area's traffic management issues.
(Ord. 489-08. Passed 7-29-08.)
1103.1103 Overlay District Boundaries.
The RRSO district shall apply to all property abutting the portion of Reynolds Road bounded by the Ohio Turnpike to the south and ending at Swan Creek to the north.
A. Applicability: If any portion of a piece of property lies within the RRSO district, the requirements of this Section shall apply to the entire parcel.
B. Zoning Map: The boundaries for the RRSO district are shown on the Official Zoning Map.
C. Effect of other Zoning District Standards: Except as expressly authorized by the regulations of this section and approved as part of the RRSO district, all of the standards of this Zoning Code apply to development within the RRSO district.
(Ord. 489-08. Passed 7-29-08.)
1103.1104 Applicable Permitted and Special Uses and Development Standards.
A. Permitted Uses: All uses permitted, not permitted, and permitted as special uses in any underlying base zoning district to which the RRSO district is applied shall be unaffected by the presence of the overlay district.
B. Development Standards: The RRSO district development standards shall apply to all uses as follows:
1. All signage standards established by any underlying base zoning district shall also apply if that district is included in the RRSO district unless alternate signage standards are provided by this Section.
2. Properties located in the RRSO district shall also be subject to any additional signage standards established in this Section.
3. In cases where signage standards established by the underlying base zoning district and the overlay district are inconsistent, the requirements of the more restrictive regulations or where the intent of the district can be fulfilled shall apply.
C. Exemptions:
1. All single and two-family residential and agricultural uses shall be exempt from the development standards of the overlay district and shall comply with the requirements of the base district in which they are located.
2. Existing signage shall be subject to Part 13, Title 9, Chapter 1395 Non-Conforming Signs. Replacement of face panels will not require adherence to these overlay requirements.
D. Appeals:
1. The Plan Commission will consider an appeal filed pursuant to this section within 45 days of receipt of notice of appeal.
(Ord. 489-08. Passed 7-29-08.)
1103.1105 Overlay District Development Standards.
A. Design Criteria Used to Evaluate Signage:
Signs, as permitted in all use districts, shall be designed to be compatible in character and style with regard to materials, color and size of the building, other signs designed or located on the same building, and other signs adjoining buildings in order to produce an overall unified effect, and in accordance with the standards set forth in this section. Signs shall be reviewed with respect to each of the provisions of this section.
1. Continuity. Signs shall be considered in relationship to their surrounding environment and, if seen in series, should have a continuity of design.
2. Style and Color. The style of a sign shall be generally consistent throughout the particular building involved; the color of signs shall be a component of the color of the building façade and the number of colors on a sign base shall be limited to the color of the building façade material.
3. Lettering. The lettering on a sign shall be large enough to be easily read, but not overly large or out of scale with the building upon which it is placed. An excessive amount of information on signs, where visual clutter could create a potential safety hazard to motorists or pedestrians, shall not be permitted.
4. Materials. Signs shall be fabricated on and of materials which are of good quality, good durability and complementary to the building of which they become part. Maintaining consistent palette of materials is important to establish continuity and to improve the overall appearance of the overlay district. Predominant sign materials should be high quality and should reflect the predominant building material from the principal building on site. The following are identified as acceptable for predominant materials:
a. Brick;
b. Masonry material other than split faced block;
c. Wood;
d. Smooth finish stone such as limestone or sandstone; color to be light to medium 'buff' or similar to building;
e. Metal.
B. Landscape Review Requirements:
Sign review shall also include the review of landscape design elements that shall consist of foundation shrub plantings or hedges along the base of the sign. Landscape materials shall be in conformance with Sec. 1108.0400 Landscape Material Standards.
C. Definitions:
1. Free-Standing Sign: a sign erected on a free-standing frame, mast or pole and not attached to any building.
Types of Free-Standing Signs:
a. Pole sign: A free-standing sign attached to a pole.
b. Low profile sign: A free-standing sign erected near ground level.
c. Monument sign: A free-standing sign displayed on a decorative feature of brick, wood, metal or other material, which the entire bottom of the sign is generally in contact with or in close proximity to the ground, other than a pylon sign.
2. Multi-tenant sign: Sign which is an accessory use of land and which directs attention to more than one business, commercial use or corporate location in the same development in which the sign is located.
D. Signage
1. All free-standing or pole signs shall cover or encapsulate the pole or mast with the materials described in Section 1103.1105 (A).
2. Berms or other means used to elevate the sign above the ground level may be used, but shall be counted as part of the sign height.
3. All signage must conform to Section 1107.2000 Sight Distance Setback or to the satisfaction of the Division of Transportation.
E. Free-Standing Sign Requirements: Establishes sign type, area, height and location requirements for free-standing signs. Embellishments are not included in the calculation for total sign area. Parcels on corner lots shall be limited to one sign and are permitted 150% of the allowable max area square footage per sign face.
A parcel is limited to one free-standing sign (total) as described in the table below.
Max # of Signs | Height | Setback | Max Area Total Per Sign Face |
1 | 20 ft. | 15 ft.+ | 120 sq. ft.* |
1 | 15 ft. | 10 ft. - 15 ft. | 80 sq. ft. at the 10' setback line with 4 sq. ft. of additional surface face permitted per 1 ft. of setback. Maximum surface face permitted: 100 sq. ft. |
1 | 10 ft. | 10 ft. - 15 ft. | 60 sq. ft. at the 10' setback line with 4 sq. ft. of additional surface face permitted per 1 ft. of setback. Maximum surface face permitted: 80 sq. ft. |
1 | 8 ft. | 5 ft. | 60 sq. ft. |
1 | 5 ft. | R-O-W - 5 ft. | 50 sq. ft. |
*Multi-tenant signs may have 150 sq.ft. Max Area Total Per Sign Face only at the 15' + setback.
(Ord. 489-08. Passed 7-29-08; Ord. 30-10. Passed 1-19-10.)
1103.1201 Purpose and Intent.
The purpose of the Summit Street Corridor Redevelopment (SSCR) District is to:
A. Assess existing conditions within the corridor;
B. Review potential infrastructure and development initiatives;
C. Recommend community and economic development initiatives to reverse urban and economic decline;
D. Link existing residential neighborhoods with the Maumee River; and
E. Devise a market driven revitalization program.
The Summit Street corridor, located in the North River neighborhood, comprises approximately eighty-two (82) acres of land between I-280, Cherry Street, the Maumee River, and Superior Street. Summit Street is a major north-south route in the City of Toledo that links the downtown business district with the north end and Point Place.
(Ord. 38-09. Passed 1-20-09.)
1103.1202 Effect of Designation.
The Summit Street Corridor Redevelopment (SSCR) District is an overlay zoning classification to be established as an Urban Neighborhood Overlay (UNO) District under the provisions of Sec. 1103.0500. The overlay zoning district establishes additional design standards on development allowed by the underlying zoning district. In the event of conflict between the SSCR district regulations, Vistula Historic District regulations, and the regulations of the underlying base zoning district, the Vistula Historic District regulations govern. In the event of conflict between the SSCR district regulations and the Maumee Riverfront Review regulations, the SSCR District regulations govern.
(Ord. 38-09. Passed 1-20-09.)
1103.1203 SSCR Classification.
Those areas classified in the SSCR district shall be shown on the Official Zoning Map.
(Ord. 38-09. Passed 1-20-09.)
1103.1204 Summit Street Corridor Redevelopment District Boundaries.
The Summit Street Corridor Redevelopment District boundary is as follows: Commencing at the intersection of the centerline of Cherry Street and the northern bank of the Maumee River, thence northwesterly along the centerline of Cherry Street to its intersection with the centerline of Huron Street, thence northeasterly along the centerline of Huron Street to its intersection with the centerline of Walnut Street; thence southeasterly along the centerline of Walnut Street to its intersection with the centerline of Superior Street; thence northeasterly along the centerline of Superior Street to its intersection with the centerline of Bush Street; thence northwesterly along the centerline of Bush Street to its intersection with the centerline of Huron Street; thence northeasterly along the centerline of Huron Street to its intersection with the centerline of I-280; thence southeasterly along the centerline of I-280 to the northern bank of the Maumee River; thence southwesterly along the northern bank of the Maumee River to its intersection with the centerline of Cherry Street.
(Ord. 38-09. Passed 1-20-09.)
1103.1205 Review and Approval Procedures.
The site plan review shall be as specified in Section 1111.0800 of the Toledo Zoning Code. Building elevation drawings (with colors and materials indicated) showing the front, rear and side views shall be submitted to the Summit Street Corridor Redevelopment Organization (SSCRO) along with the site plan.
A. The standards of the SSCR district apply to the construction of any building or building addition that increases a building's floor area by more than ten (10) percent, except for detached houses and duplexes. The standards also apply to the construction of off-street parking spaces and driveways, except for those serving detached houses and duplexes used for residential purposes.
B. Building alterations that conflict with these standards or that otherwise increase the degree of non-compliance with these standards are prohibited.
(Ord. 38-09. Passed 1-20-09.)
1103.1206 Design Criteria Used to Evaluate Site Plans and Projects.
In addition to the design standards contained in Chapter 1109, Design Standards, the following criteria apply.
A. Relationship of Buildings to Site.
1. The site shall be planned to accomplish a desirable transition, between the building(s) with the streetscape to provide for adequate planting, safe pedestrian movement, and parking areas.
2. Parking areas shall be treated with decorative elements, building wall extensions, plantings, or other innovative means so as to screen parking areas from view from public ways.
3. The height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
4. Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.
B. Building Setback and Height.
1. The maximum allowed front setback shall be ten (10) feet unless a public-private setback zone is provided.
2. If a public-private setback zone is provided a maximum front setback of twenty (20) feet is allowed for up to fifty (50) percent of the building frontage.
3. Buildings on corner lots must comply with maximum building setback standards along all lot frontages.
4. Single family and two-family residential uses are exempt from this requirement.
5. The minimum side yard and rear yard setbacks shall be as specified in the underlying zoning district.
6. The maximum building height shall be as specified in the underlying zoning district.
C. Minimum Front Yard Landscape Area.
1. As specified in Chapter 11087.0300 "Urban Commercial Landscape Standards". Single family and two-family residential uses are exempt from this requirement.
D. River Vistas.
1. Careful consideration shall be given to protecting the vistas from Summit Street and the Vistula Historic District neighborhood to the Maumee River. The river is a visual, environmental and transportation resource affecting substantial portions of the City including many neighborhoods. It is the general intent of the SSCR district to provide for maximum public benefit from the further development of the riverfront area with regard to a river orientation and with an emphasis on the opportunity for enjoyment of river vistas and public access by a maximum number of citizens. Maintaining the view of the river will help eliminate or minimize negative environmental impact and provide for improved scenic and aesthetic controls.
E. Building Design.
1. Architectural style, building mass and placement shall be compliant and shall conform to scale and proportions of buildings surrounding the subject property.
2. Building facades facing Summit Street must incorporate a main entrance door on Summit Street.
3. Building frontages that face Summit Street and exceed a width of fifty (50) feet must include vertical visual elements to break the plane of the building frontage. Such vertical elements must be spaced at intervals of fifteen (15) feet to thirty-five (35) feet along the entire building frontage.
4. All roof-mounted mechanical equipment must be screened from public view. The screening must be of a sufficient height to prevent persons located at the street level from viewing the screened items. The design, colors and materials used in screening must be consistent with the architectural design of the building.
5. Dumpsters and trash receptacles must be screened in accordance with Sec. 1108.0304(B).
6. This provision does not apply to buildings officially recognized as historic or those deemed eligible for listing in the National Register of Historic Places if the provision would result in a modification of the original historic appearance of the building.
7. For commercially used property at least sixty (60) percent of each building frontage along Summit Street, between the height of two (2) feet and ten (10) feet above the nearest sidewalk grade, must consist of clear, non-tinted, non-mirrored, and uncovered window glass permitting views of the building's interior to a depth of at least four (4) feet. For building frontages other than those on Summit Street, the window glass must continue for a minimum of ten (10) feet. No exterior security bars or roll-down metal doors shall be allowed. This provision shall not apply for the conversion of a residential building to a commercial use.
(Ord. 38-09. Passed 1-20-09.)
1103.1207 Permitted and Special Uses.
All uses that are permitted or special uses in the underlying zoning district(s) are allowed in the Overlay District.
(Ord. 38-09. Passed 1-20-09.)
1103.1208 Accessory Buildings and Uses.
All accessory buildings and uses which are permitted in the underlying zoning district(s) are permitted within the district, except that any detached accessory building on any lot shall have on all sides the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Accessory buildings used for single-family residential purposes are exempt from this requirement.
(Ord. 38-09. Passed 1-20-09.)
1103.1209 Architectural Review Requirements for New Buildings.
Site plan review shall include review of architectural design elements. The architectural design of buildings within the Summit Street Corridor Redevelopment District shall include consideration of the following elements: scale and proportion, suitability of building materials, design in relation to surrounding buildings, design in relation to proposed landscaping and aesthetics of the proposed building. Maintaining consistent palette of materials is important to establish continuity within the corridor and for improving the overall appearance of the district. The following are identified as acceptable building materials:
A. Building Facade Material and Color.
1. Ground floor facades that face streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than fifty (50) percent of their horizontal length.
2. Building shall have parapets or other architectural features concealing flat roofs and rooftop equipment, such as HVAC units, from public view. The average height of such parapets shall not exceed one-third of the height of the supporting wall and such parapets shall not be of a constant height for a distance of greater than fifty (50) feet.
3. Grade level mechanical equipment shall be screened from adjoining residential parcels and from the right of way(s). All utilities shall be underground wherever possible.
4. Predominant exterior building materials shall be high quality. These include, but are not limited to:
a. Brick: Shall be standard modular brick with common tooled mortar joints. Untooled joints, distressed brick, or irregular shaped brick are prohibited. Stucco and EIFS (exterior insulation and finishing system) materials and applications are prohibited;
b. wood, but not wood sheet goods;
c. natural stone, smooth finish stone such as limestone or sandstone. Color to be light to medium 'buff', or
d. tinted, textured, concrete block or tilt-up masonry panels;
e. Predominant exterior building materials shall not include the following:
i. smooth-faced concrete block
ii. smooth-faced tilt-up concrete panels
iii. pre-fabricated steel panels
iv. vinyl siding
5. The use of high-intensity colors, metallic colors, blacks or fluorescent colors is prohibited. Paint colors shall visually relate building elements to each other, as well as individual facades to each other. The colors chosen for any façade shall relate to the neighboring facades and to the blockscape as a whole. The placement of colors should be based on the existing hierarchy of detail: base, major and minor trim colors. The color of the upper wall surface and the storefront piers is the base color. A palette of suggested color schemes may be obtained from the SSCRO. The color scheme for the building shall be reviewed and approved by the SSCRO.
6. Each principal building on a site shall have clearly defined, highly visible customer entrance featuring at least three elements including, but not limited to, the following:
a. arches
b. arcades
c. architectural details such as tile work and moldings which are integrated into the building structure and design
d. canopies or porticos
e. display windows
f. integral planters or wing walls that incorporate landscaped areas and/or places for sitting
g. outdoor patios
h. overhangs
i. peaked roof forms
j. raised cornice parapets over the door
k. recesses/projections
(Ord. 38-09. Passed 1-20-09.)
1103.1210 Architectural Review Requirements for Existing Buildings.
Duplication of the exact historic design of the original building façade is not completely necessary in order to create a handsome and functional building, but the historical appearance should be the principal influence in façade rehabilitation.
A. Elements in restoring historical appearance:
1. Applied siding treatments, metal fascias and canopies should be removed wherever possible.
2. Repair damage from siding and fascia attachments and repair the upper facades hidden by such treatments. Metal fascias and other applied treatments often aid in preserving the façade and its materials.
3. Rehabilitate the existing facades in keeping with the original architecture of the building.
4. Maintain the original architectural elements and detail that remain.
5. Reconstruct non-original portions of the façade, as needed, in keeping with the original façade design.
6. Restore original elements and detail that have been lost, when feasible.
B. Traditional façade guidelines for façade rehabilitation.
1. Maintain the continuity of the blockscape. Do not recess the storefront or otherwise change the continuous plane of the facades.
2. Maintain the original palette of building materials. Refrain from adding new and inappropriate materials.
3. Maintain the original masonry wall of the façade at both the upper and the storefront. Do not change materials at the lower storefront. Properly clean original brick when necessary (recommended pressure for removing paint is four hundred (400) psi), paint original brick only as a last resort, and remove paint or stucco where feasible. The use of abrasive or otherwise damaging removal techniques shall not be permitted.
4. Maintain the size and shape of the original façade openings: the storefront opening and the upper story windows. Do not fill-in or reduce the size of the original openings.
5. New windows should fit the size and shape of their openings.
6. Maintain or construct the large storefront windows. Original storefront windows usually begin at eighteen inches (18") to twenty-four inches (24") above the sidewalk and extend to the underside of the second floor.
7. Follow the original pattern of mullions at the storefront and upper story windows.
8. Maintain the upper façade cornice and storefront cornice bands. If they have been removed, consider reconstructing simplified replacements.
9. Maintain original decorative stone details, window hoods, cornice brackets, and woodwork.
(Ord. 38-09. Passed 1-20-09.)
1103.1211 Landscape Review Requirements.
Site plan review shall also include the review of landscape design elements and conformance with all applicable requirements.
(Ord. 38-09. Passed 1-20-09.)
1103.1212 Off-Street Parking.
Off-street parking requirements for properties within the SSCR district shall comply with the requirements set forth in Section 1107 of the Toledo Zoning Code, including these provisions:
A. Location of off-street parking facilities shall be on the same lot as the principal use or within three hundred (300) feet of the building (measured from the nearest point of the building or use to the nearest point of the parking) or an alternative access and parking plan may be submitted as provided for in Sec. 1107.1400.
B. Off-street parking facilities shall be located in the rear portion of the subject property and behind the principal building or use. The construction of new off-street parking lots having frontage on Summit Street is prohibited. This provision may be waived by the Plan Commission if parking cannot be provided in the rear of the principal building(s).
C. If parking in the rear of the lot is not feasible because the lot is too shallow, or other unique circumstances approved by the Plan Commission, then parking may be allowed on the side of the building if a screening wall and landscape treatment is installed along the frontage in conformance with the following:
1. A brick masonry screen wall thirty-two inches (32") in height measured from grade with a four-inch (4") coping shall be installed along the property line.
2. A landscape island or greenbelt, ten feet (10') in width, shall be installed behind the screen wall. This landscape island/greenbelt shall accommodate the installation of canopy trees, at least two and a half inches (2 ½") in caliper.
3. If the parking lot is located adjacent to a building, a six foot (6') wide sidewalk shall be installed between the building and the parking area.
4. The perimeter of the parking lot shall be constructed with concrete curb and gutter and properly drained. Wheel chocks, bumper blocks or header curbs may not be used in lieu of curbs.
5. The surface of the parking lot shall consist of bituminous surface. If the maneuvering lane will be used by commercial vehicles (semi-trucks, stake trucks, panel trucks, etc.) it shall be constructed with a deep strength bituminous surface.
D. For a lot facing Summit Street and a side street, parking is prohibited on the corner facing the intersection.
E. Access to parking lots shall be provided off alleys when available in order to minimize curb-cuts across pedestrian sidewalks.
F. The required number of off-street loading spaces may be reduced or eliminated by the Planning Director in consultation with the Division of Transportation, with due consideration given to the following factors:
1. frequency and time of deliveries;
2. size and nature of vehicles accommodated by the loading spaces;
3. the character of the neighborhood; and
4. impact upon adjoining streets, places, or alleys.
(Ord. 38-09. Passed 1-20-09.)
1103.1213 Lighting Requirements.
In reviewing the lighting proposed for a lot to be developed in the District, factors to be considered include but are not limited to:
A. Safety provided by the lighting.
B. Security provided by the lighting.
C. Light spillage or glare onto adjoining residential properties and/or streets is prohibited.
D. Height and placement of lighting standards considering the use.
(Ord. 38-09. Passed 1-20-09.)
1103.1214 Site Lighting for Small Parking Lots (Twenty-Five or Less Parking Spaces).
A. Site lighting for small parking lots shall utilize a pedestrian style light fixture and pole to match the lights being used by the City of Toledo for public enhancement projects along Summit Street. The model number for the light pole and luminaire, as well as a detail product specifications will be provided by the City Plan Commission.
B. The light source shall be metal halide.
C. The light intensity shall average a minimum of .5 foot-candles, measured five (5) feet above grade for parking lots and 1 to 3 foot-candles measured five feet (5') above grade for pedestrian sidewalks.
(Ord. 38-09. Passed 1-20-09.)
1103.1215 Site Lighting for Large Parking Lots (Twenty-Six or More Parking Spaces).
A. Site lighting for large parking lots shall utilize a Shoe Box Fixture and pole (maximum 25' height) for efficiency of lighting and neutrality of design. The model number for the light pole and luminaire, as well as a detail product specifications will be provided by the City Plan Commission.
B. The light source shall be metal halide.
C. Pedestrian scale lighting (pole top mount) to match the lights being used by the Downtown Development Authority shall be used along collective walks.
D. The light intensity shall average a minimum of .5 foot-candles, measured five feet (5') above grade for parking lots and 1 to 3 foot-candles measured five feet (5') above grade for pedestrian sidewalks.
(Ord. 38-09. Passed 1-20-09.)
1103.1216 Canopies/Awnings.
A. Awnings shall be traditional in design; they shall be triangular in section, sloping outward and down from the top of the opening. Narrow front and side flaps are common. Round-top, half-round, box, or other unusual awning shapes are prohibited unless approved in writing by the Plan Commission. Internally lighted awnings are also prohibited. Signage on awnings shall be prohibited.
B. Canopies shall be narrow in elevation, six inches (6") to twelve inches (12"), and flat. Typically such canopies would have internal drainage. Canopies shall be self-supporting or supported by tension rods. Canopy projections to be limited to thirty-six inches (36"). Sloping or unusually shaped canopies are prohibited.
(Ord. 38-09. Passed 1-20-09.)
1103.1217 Signage.
Signage shall comply with Part 13, Title 9, Chapter 1387, Signs Permitted in Zoning Districts, and the following regulations:
A. Building signs shall be located above the storefront opening (doorway or window) at the storefront cornice line, on the upper facade wall. The sign shall be sized to allow the masonry to be fully exposed around the sign. A well-designed and maintained building is as much of an advertisement for a business as the sign itself.
B. No sign or part of a sign shall be located above the parapet of any facade. Roof mounted signs are prohibited.
C. Building signs shall not exceed the width of the storefront opening.
D. The shape of building signs shall be rectangular, or slight variations of rectangular forms.
E. Projecting signs are allowed. The maximum allowable projection is three and one-half feet (3 ½').
F. Low profile signs with a maximum height of forty-two inches (42") are permitted. Pole signs are prohibited.
G. It is recommended that no signs or advertisement block the view of the interior of stores or offices.
(Ord. 38-09. Passed 1-20-09; Ord. 166-24. Passed 4-10-24.)
1103.1218 Applicability.
The Urban Commercial Landscape Standards of this Section apply:
A. In the CM, CS, -PO, -DO, -HO, Monroe Street Corridor UNO, and Summit Street Corridor Redevelopment (SSCR) UNO districts.
(Ord. 38-09. Passed 1-20-09.)
1103.1301 Purpose.
The Main Starr Front Urban Overlay District is intended to:
A. Provide a review process for proposed physical changes to structures and public space along the Main Street, Starr Avenue & Front Street areas;
B. Implement appropriate building and parking setbacks that accommodate redevelopment that is compatible with historical building patterns; and
C. Promote development that features retail display windows, rear parking lots, and other pedestrian-oriented site design features.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1302 Effect of Designation.
The Main Starr Front Urban Overlay District is an overlay zoning classification to be established as an Urban Neighborhood Overlay (UNO) District under the provisions of Sec. 1103.0500
. The overlay zoning district establishes additional design standards for development allowed by the underlying zoning district. In the event of conflict between the Main Starr Front Urban Overlay District regulations and the regulations of the underlying base zoning district, the UNO will control. In all cases, the most restrictive provision of the Main Starr Front Urban Overlay District, or the underlying zoning will control.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1303 Main Starr Front UNO District Classification.
Those areas classified in the Main Starr Front Urban Overlay District shall be shown on the Official Zoning Map.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1304 Main Starr Front Urban Overlay District Boundaries.
The boundaries of the District are hereby established as shown on the City of Toledo zoning maps. The District boundaries includes those parcels commonly referred to as the Main/Starr Avenue Business District and are defined via the map attached hereto and legally described in Exhibit B, both of which are incorporated herein by reference. The overlay district regulations apply to the entirety of parcels, as existing at the time of adoption, lying wholly or partially within this boundary.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1305 Review and Approval Procedures.
The site plan review shall be as specified in Sec. 1111.0800. Building elevation drawings (with colors and materials indicated) showing the front, rear and side views shall be submitted along with the site plan.
A. The standards of the Main Starr Front Urban Overlay District apply to the physical change of any building or building addition that increases a building's floor area by more than 10 percent, except for detached houses and duplexes used for residential purposes. "Physical change" means any work such as alteration, remodeling, new construction or renovation of the exterior of a structure. The standards also apply to the construction of off-street parking spaces and driveways, except for those serving detached houses and duplexes used for residential purposes.
B. Building alterations that conflict with these standards or that otherwise increase the degree of non-compliance with these standards are prohibited.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1306 Design Criteria Used to Evaluate Site Plans and Projects.
In addition to the design standards contained in Chapter 1109, Design Standards, the following criteria apply.
A. Relationship of Buildings to Site.
1. The site shall be planned to accomplish a desirable transition between the building(s) and the streetscape to provide for adequate planting, safe pedestrian movement, and parking areas.
2. Parking areas shall be treated with decorative elements, building wall extensions, plantings, or other innovative means so as to screen parking areas from view from public ways.
3. The height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
4. Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.
B. Building Setback and Height.
1. The maximum allowed front setback shall be 10 feet unless a public-private setback zone, as defined in Section 1116.0100, is provided.
2. If a public-private setback zone is provided a maximum front setback of 20 feet is allowed for up to 50 percent of the building frontage.
3. Buildings on corner lots must comply with maximum building setback standards along all lot frontages.
4. The minimum side yard and rear yard setbacks shall be as specified in the underlying zoning district.
5. The maximum building height shall be as specified in the underlying zoning district.
C. Building Design.
1. Building facades facing a primary street must incorporate a main entrance door on the primary street.
2. Building frontages that face primary streets and exceed a width of 50 feet must include vertical visual elements to break the plane of the building frontage. Such vertical elements must be spaced at regularly spaced intervals to provide visual interest along the entire building frontage.
3. All roof-mounted mechanical equipment must be screened from public view. The screening must be of a sufficient height to prevent persons located at the street level from viewing the screened items and a sight line analysis from at least 200 feet away must be submitted for review and approval. The design, colors and materials used in screening must be consistent with the architectural design of the building.
4. Dumpsters and trash receptacles must be screened in accordance with Sec. 1108.0304(B), and located to the rear of the property.
5. For commercially used property at least 60 percent of each building facade along a primary street, between the height of 2 feet and 10 feet above the nearest sidewalk grade, must consist of clear, non-tinted, non-mirrored, and uncovered window glass permitting views of the building's interior to a depth of at least 4 feet. For building frontages other than those on primary streets, the window glass must continue for a minimum of 10 feet from the building corner. No exterior security bars or roll-down metal doors shall be allowed. This provision shall be reduced to at least 30 percent of each building facade along a primary street, for the conversion of a residential building to a commercial use. This provision does not apply to buildings officially recognized as historic or those deemed eligible for listing in the National Register of Historic Places if the provision would result in a modification of the original historic appearance of the building.
D. Building Materials. Maintaining a consistent palette of materials is important to establish continuity within the District and to improving the overall appearance of the District. Predominant building materials should be high quality. Exterior insulation and finish system (EIFS) materials and applications are prohibited, except where used to simulate an existing material and when 36 inches above grade and not within an entryway, and comprising less than 15% of the facade. The following are identified as acceptable for predominant exterior building materials:
1. Brick: Shall be standard modular brick with common tooled mortar joints. Un-tooled joints, distressed brick, or irregular shaped brick are prohibited. Brick color and texture shall be compatible with original brick facades on Main Street and Starr Avenue, constructed prior to the 1940's. Brick of this period was commonly blond, yellow-blond, beige, or dull red with very little color range. Textures varied from smooth or glazed to rough. Textures tended to be uniform.
2. Materials with a brick-like appearance such as "Founder's Brick", or similar material.
3. Wood, and it must be painted.
4. Materials with a wood-like appearance such as "Textured Cementitious Board", "Cement Board Siding", or similar material.
5. Smooth finished stone such as limestone or sandstone; color to be light to medium 'buff'.
6. Glass.
7. Building materials other than those listed above may be approved by the Plan Director, in consultation with River East Corporation, in special cases such as building additions or building renovations, taking into consideration the predominant building materials existing on the building to be added to or renovated.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1307 Permitted or Prohibited or Special Uses.
All uses that are permitted or prohibited or are special uses in the underlying zoning district(s) shall remain as permitted or prohibited or special uses in the Main Starr Front Urban Overlay District.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1308 Accessory Buildings and Uses.
All accessory buildings and uses which are permitted or prohibited in the underlying zoning district(s) are permitted or prohibited within the Main Starr Front Urban Overlay District, except that any detached accessory building on any lot shall have, on all sides, the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated. Accessory buildings used for detached houses and duplexes, used for residential purposes, are exempt from this requirement.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1309 Landscape Review Requirements.
Site plan review shall also include the review of landscape design elements and conformance with Sec. 1108.0300
(Urban Commercial Landscape Standards).
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1310 Off-Street Parking.
Off-street parking requirements for properties within the Main Starr Front Urban Overlay District shall comply with the requirements set forth in Chapter 1107, Parking, and the following provisions:
A. Location of off-street parking facilities shall be on the same lot as the principal building or use or an alternative access and parking plan may be submitted as provided for in Sec. 1107.1400.
B. Off-street parking facilities shall be located in the rear portion of the subject property and behind the principal building or use. The construction of new off-street parking lots having frontage on Main Street, Starr Avenue or Front Street is prohibited.
C. If parking in the rear of the lot is not feasible because the lot is too shallow, or other unique circumstances approved by the Plan Commission, then parking may be allowed on the side of the building if a screening wall and landscape treatment is installed along the street frontage in conformance with the following:
1. A brick masonry screen wall thirty-two (32") inches in height measured from grade with a four (4") inch stone or pre-cast, concrete coping, or a black, ornamental metal fence with brick masonry piers thirty-two (32") inches in height, with a four (4") inch stone or pre-cast concrete coping, spaced no further than ten (10') feet apart, shall be installed along the property line on the street frontage.
2. A landscape island or greenbelt, six (6') feet in width shall be installed behind the screen wall or fence and piers. This landscape island/greenbelt shall accommodate the installation of canopy trees, at least two (2") inches in caliper together with other appropriate plant material as outlined in Sec. 1108.0300 (Urban Commercial Landscape Standards), so as to screen vehicles parked in the lot from the adjoining street frontage.
3. If the parking lot is located adjacent to a building, a six (6') foot wide sidewalk shall be installed between the building and the parking area.
D. Access to parking lots shall be provided off alleys whenever possible in order to minimize curb cuts across pedestrian sidewalks on Main Street, Starr Avenue and Front Street.
E. The required number of off-street loading spaces may be reduced or eliminated by the Planning Director in consultation with the Division of Transportation, with due consideration given to the following factors:
1. Frequency and time of deliveries;
2. Size and nature of vehicles accommodated by the loading spaces;
3. The character of the neighborhood;
4. Impact upon adjoining streets, places, or alleys; and
5. Type of business.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1311 Lighting Requirements.
A. In reviewing the lighting proposed for a lot to be developed in the District, factors to be considered include but are not limited to:
1. Safety provided by the lighting.
2. Security provided by the lighting.
3. Light spillage or glare onto adjoining residential properties and/or streets is prohibited. All lamination shall be directed downwards.
4. Height and placement of lighting standards considering the use.
B. Site Lighting for Small Parking Lots (Twenty-Five or Less Parking Spaces).
1. Site lighting for small parking lots shall utilize a pedestrian style light fixture and pole to match the lights being used by the City of Toledo for public enhancement projects along Main Street, Starr Avenue, and Front Street. The Plan Commission will provide the model number for the light pole and luminaire, as well as detail product specifications.
2. The light source shall be metal halide.
3. The light intensity shall average a minimum of .5 foot-candles, measured five (5') feet above grade for parking lots and 1 to 3 foot-candles measured five (5') feet above grade for pedestrian sidewalks.
C. Site Lighting for Large Parking Lots (Twenty-Six or More Parking Spaces). Site lighting for large parking lots shall utilize a shoe box fixture and pole (maximum 25 feet height) for efficiency of lighting and neutrality of design. The Plan Commission will provide the model number for the lights or luminaires, as well as detailed product specifications.
1. Fixtures mounted on buildings are encouraged.
2. The light source shall be metal halide.
3. Pedestrian style light fixture and pole, as indicated for small parking lots, shall be used along collective walks.
4. The light intensity shall average a minimum of .5 foot/candles, measured five (5') feet above grade for parking lots and 1 to 3 foot-candles measured five (5') feet above grade for pedestrian sidewalks.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1312 Canopies/Awnings.
A. Awnings shall be traditional in design; they shall be triangular in section, sloping outward and down from the top of the opening. First floor awning sides shall be open to increase sight lines towards storefronts along the street. Round-top, half-round, box, or other unusual awning shapes are prohibited unless approved in writing by the Plan Director. Internally lighted awnings are also prohibited. Signage on awnings shall be allowed as long as it meets appropriate portions of the requirements of Section 1103.1313. Internally illuminated awnings are prohibited.
B. Canopies shall be narrow in elevation, six (6") inches to twelve (12") inches, and flat. Typically, such canopies would have internal drainage. Canopies shall be self-supporting or supported by tension rods. Canopy projections are limited to thirty-six (36") inches. Sloping or unusually shaped canopies are prohibited.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
1103.1313 Signage.
Signage shall comply with Part 13, Title 9, Chapter 1387, Signs Permitted in Zoning Districts, and the following regulations:
A. Building signs shall be located above the main entrance in the sign band area, on the upper facade wall. The sign shall be sized to allow the masonry to be fully exposed around the sign.
B. No sign or part of a sign shall be located above the parapet of any facade. Roof mounted signs are prohibited.
C. Building signs shall not exceed 75% of the width of the storefront opening.
D. The sign shall be designed to harmonize with the principal building and surrounding architecture by incorporating the same architectural base and top treatments as the principal building. This includes wainscot and wall materials, cornice details, roof shape, roof material and decorative embellishments.
E. Projecting signs are allowed. The maximum projection is three and one-half (3 ½') feet and the minimum mounting height to the bottom of the sign shall be seven (7') feet.
F. Window signs are allowed.
G. Raceways, cabinets, box signs, moving, animated or intensely lighted signs, roof signs or signs that extend above a building roofline or parapet, and pole mounted signs are prohibited.
H. All ground signs shall be monument and limited to 6 feet in height
I. Additional Off-Premise Signs (Billboards) are prohibited. Existing off-premise signs may remain subject to the regulations for legal non-conforming signs in Chapter 1395.
J. Each building shall display a street address as per City of Toledo Municipal Code.
(Ord. 95-10. Passed 3-2-10; Ord. 166-24. Passed 4-10-24; Ord. 199-24. Passed 4-24-24.)
1103.1401 Purpose.
The Cherry Street UNO District is intended to create an area that has an urban, pedestrian friendly, walkable character that promotes a healthy community by:
A. Providing a review process for proposed physical changes to structures and public space within the Cherry Street corridor.
B. Implementing appropriate building and parking setbacks that accommodate redevelopment that is compatible with historical building patterns; and
C. Promoting development that features retail display windows, rear parking lots, and other pedestrian-oriented site design features.
(Ord. 8-14. Passed 1-2-14.)
1103.1402 Effect of Designation.
The Cherry Street UNO District is an overlay zoning classification to be established as an Urban Neighborhood Overlay (UNO) District under the provisions of Sec. 1103.0500. The overlay zoning district establishes additional design standards for development allowed by the underlying zoning district. In the event of conflict between the Cherry Street UNO District regulations and the regulations of the underlying base zoning district, the UNO regulations govern. In all cases, the most restrictive provision of the Cherry Street UNO District or the underlying zoning regulations govern.
(Ord. 8-14. Passed 1-2-14.)
1103.1403 Cherry Street UNO District Classification.
Those areas classified in the Cherry Street UNO District shall be shown on the Official Zoning Map.
(Ord. 8-14. Passed 1-2-14.)
1103.1404 Cherry Street UNO District Boundaries.
The boundaries of the District are hereby established as shown on the City of Toledo zoning maps. The District boundaries are defined via the map attached hereto and legally described in this section, both of which are incorporated herein by reference. The overlay district regulations apply to the entirety of parcels, as existing at the time of adoption, lying wholly or partially within this boundary.
(Ord. 8-14. Passed 1-2-14.)
1103.1405 Review and Approval Procedures.
The site plan review shall be as specified in Sec. 1111.0800. Building elevation drawings (with colors and materials indicated) showing the front, rear and side views shall be submitted along with the site plan.
A. The standards of the Cherry Street UNO District apply to the physical change of any building or building addition that increases a building's floor area by more than 10 percent, except for detached houses and duplexes used for residential purposes. "Physical change" means any work such as alteration, remodeling, new construction or renovation of the exterior of a structure. The standards also apply to the construction of off-street parking spaces and driveways.
B. Building alterations that conflict with these standards or that otherwise increase the degree of non-compliance with these standards are prohibited.
C. A copy of new development, redevelopment and existing building rehabilitation plans, including landscaping, shall be submitted by the developer or building owner to the Cherry Street Development Organization (CSDO) for their review prior to any work or any permits being issued by any city department.
D. The Cherry Street Development Organization shall be responsible for the review of plans as required by the Cherry Street Urban Neighborhood Overlay District. They shall review and make recommendations to the Plan Director of the Plan Commission within forty-five (45) calendar days of receipt of the plans by the Cherry Street Development Organization.
E. In the event that the Cherry Street Development Organization is no longer an official active organization for the Cherry Street corridor then the development plans shall be subject to the Site Plan Review procedures of TMC 1111.0800.
(Ord. 8-14. Passed 1-2-14.)
1103.1406 Design Criteria Used to Evaluate Site Plans and Projects.
In addition to the design standards contained in Chapter 1109, Design Standards, the following criteria apply.
A. Relationship of Buildings to Site
1. The site shall be planned to accomplish a desirable transition between the building(s) and the streetscape to provide for adequate planting, safe pedestrian movement, and parking areas.
2. Parking areas shall be treated with decorative elements, building wall extensions, plantings, or other innovative means so as to screen parking areas from view from public ways.
3. The height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
4. Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.
5. Newly proposed sidewalks within the public right-of-way shall be a minimum of five feet (5') in width.
B. Building Setback and Height
1. The maximum allowed front setback shall be 10 feet from the right-of-way unless a public-private setback zone is provided.
2. If a public-private setback zone is provided a maximum front setback of 20 feet is allowed for up to 50 percent of the building frontage. Buildings on corner lots must comply with maximum building setback standards along all lot frontages. Single family and two-family residential uses are exempt from this requirement.
3. The minimum side yard and rear yard setbacks shall be as specified in the underlying zoning district.
4. The maximum building height shall be as specified in the underlying zoning district.
C. Building Design
1. Building facades facing a Primary Street must incorporate a main entrance door on the primary street.
2. Building frontages that face Primary Streets and exceed a width of 50 feet must include vertical visual elements to break the plane of the building frontage. Such vertical elements must be spaced at regularly spaced intervals to provide visual interest along the entire building frontage.
3. All roof-mounted mechanical equipment must be screened from public view. The screening must be of a sufficient height to prevent persons located at the street level from viewing the screened items and a sight line analysis from at least 200 feet away must be submitted for review and approval. The design, colors and materials used in screening must be consistent with the architectural design of the building.
4. Grade level mechanical equipment shall be screened from adjoining residential parcels and from the right of way(s). All utilities shall be underground wherever possible.
5. Dumpsters and trash receptacles must be screened in accordance with Sec. 1108.0304(B), and located to the rear of the property.
6. For commercially used property at least 60 percent of each building façade along a Primary Street, between the height of 2 feet and 10 feet above the nearest sidewalk grade, must consist of clear, non-tinted, non-mirrored, and uncovered window glass permitting views of the building's interior to a depth of at least 4 feet. For building frontages other than those on Primary Streets, the window glass must continue for a minimum of 10 feet from the building corner. No exterior security bars or roll-down metal doors shall be allowed. This provision shall be reduced to at least 30 percent, of each building facade along a Primary Street, for the conversion of a residential building to a commercial use. This provision does not apply to buildings officially recognized as historic or those deemed eligible for listing in the National Register of Historic Places if the provision would result in a modification of the original historic appearance of the building.
D. Building Materials
Maintaining a consistent palette of materials is important to establishing continuity within the District and to improving the overall appearance of the District. Predominant building materials should be high quality. Exterior insulation and finish system (EIFS) materials and applications are prohibited, except where used to simulate an existing material and when 36 inches above grade and not within an entryway, and comprising less than 15% of the facade. The following are identified as acceptable for predominant exterior building materials:
1. Brick: Shall be standard modular brick with common tooled mortar joints. Un-tooled joints, distressed brick, or irregular shaped brick are prohibited. Brick color and texture shall be compatible with original brick facades in the Cherry Street corridor.
2. Materials with a brick-like appearance such as "Founder's Brick", or similar material.
3. Wood, it must be painted.
4. Materials with a wood-like appearance such as "Textured Cementitious Board", "Cement Board Siding", or similar material.
5. Smooth finished stone such as limestone or sandstone; color to be light to medium 'buff'.
6. Glass.
7. Building materials other than those listed above may be approved by the Plan Director, in consultation with Cherry Street Development Organization, in special cases such as building additions or building renovations, taking into consideration the predominant building materials existing on the building to be added to or renovated.
8. Predominant exterior building materials shall not include the following:
(1) smooth-faced concrete block
(2) smooth-faced tilt-up concrete panels
(3) pre-fabricated steel panels
(4) vinyl siding
9. The use of high-intensity colors, metallic colors, blacks or fluorescent colors is prohibited. Paint colors shall visually relate building elements to each other, as well as individual facades to each other. The colors chosen for any façade shall relate to the neighboring facades and to the blockscape as a whole. The placement of colors should be based on the existing hierarchy of detail: base, major and minor trim colors. The color of the upper wall surface and the storefront piers is the base color. A palette of suggested color schemes may be obtained from the CSDO. The color scheme for the building shall be reviewed and approved by the CSDO.
(Ord. 8-14. Passed 1-2-14.)
1103.1407 Permitted or Prohibited or Special Uses.
All uses that are permitted or prohibited or are special uses in the underlying zoning district(s) shall remain as permitted or prohibited or special uses in the Cherry Street UNO District.
(Ord. 8-14. Passed 1-2-14.)
1103.1408 Accessory Buildings and Uses.
All accessory buildings and uses which are permitted or prohibited in the underlying zoning district(s) are permitted or prohibited within the Cherry Street UNO District, except that any detached accessory building on any lot shall have, on all sides, the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated.
(Ord. 8-14. Passed 1-2-14.)
1103.1409 Landscape Review Requirements.
Site plan review shall also include the review of landscape design elements and conformance with Sec. 1108.0300 Urban Commercial Landscape Standards. Any fencing or walls shall be aesthetically compatible with the iconic fencing (brick piers and black wrought iron or aluminum tube) that is currently along Cherry Street. All landscaping shall adhere to the crime prevention through environmental design (CPTED) standards. Applicants are strongly encouraged to contact the Toledo Police Department Community Services Division who can make recommendations to enhance the usage of CPTED principles, which include natural surveillance, natural access control, and territorial reinforcement. Landscapes must allow clear and unobstructed views of the surrounding areas. All landscaping will be at ground level, three feet in height maximum, and any tree canopy base shall be six feet or higher to allow for natural surveillance and eliminate potential ambush points.
(Ord. 8-14. Passed 1-2-14.)
1103.1410 Off-Street Parking.
Off-street parking requirements for properties within the Cherry Street UNO District shall comply with the requirements set forth in Chapter 1107, Parking, and the following provisions:
A. Location of off-street parking facilities shall be on the same lot as the principal building or use or an alternative access and parking plan may be submitted as provided for in Sec. 1107.1400.
B. Off-street parking facilities shall be located in the rear portion of the subject property and behind the principal building or use. The construction of new off street parking lots having frontage on Cherry Street is prohibited.
C. If parking in the rear of the lot is not feasible because the lot is too shallow, or other unique circumstances approved by the Plan Commission, then parking may be allowed on the side of the building if a screening wall and landscape treatment are installed along the street frontage in conformance with the minimum parking lot standards for perimeter screening barriers.
1. If the parking lot is located adjacent to a building, a six (6') foot wide sidewalk shall be installed between the building and the parking area.
D. Access to parking lots shall be provided off alleys whenever possible in order to minimize curb cuts across pedestrian sidewalks.
E. The required number of off-street loading spaces may be reduced or eliminated by the Planning Director in consultation with the Division of Transportation, with due consideration given to the following factors:
1. Frequency and time of deliveries
2. Size and nature of vehicles accommodated by the loading spaces
3. The character of the neighborhood
4. Impact upon adjoining streets, places, or alleys; and
5. Type of business.
(Ord. 8-14. Passed 1-2-14.)
1103.1411 Lighting Requirements.
A. In reviewing the lighting proposed for a lot to be developed in the District, factors to be considered include but are not limited to:
1. Safety provided by the lighting.
2. Security provided by the lighting.
3. Light spillage or glare onto adjoining residential properties and/or streets is prohibited. All lumination shall be directed downwards.
4. Height and placement of lighting standards considering the use.
B. Site Lighting for Small Parking Lots (Twenty-Five or Less Parking Spaces)
1. Site lighting for small parking lots shall utilize a pedestrian style light fixture and pole to match the lights being used by the City of Toledo for public enhancement within the Cherry Street corridor. The Plan Commission will provide the model number for the light pole and luminaire, as well as detail product specifications.
2. The light source shall be metal halide or LED.
3. The light intensity shall average a minimum of .5 foot-candles, measured five (5') feet above grade for parking lots and 1 to 3 foot-candles measured five (5') feet above grade for pedestrian sidewalks.
C. Site Lighting for Large Parking Lots (Twenty-Six or More Parking Spaces)
1. Site lighting for large parking lots shall utilize a Shoe Box Fixture and pole (maximum 25 feet height) for efficiency of lighting and neutrality of design. The Plan Commission will provide the model number for the lights or luminaires, as well as detailed product.
2. The light source shall be metal halide or LED.
3. Pedestrian style light fixture and pole, as indicated for small parking lots, shall be used along collective walks.
4. The light intensity shall average a minimum of .5 foot-candles, measured five (5') feet above grade for parking lots and 1 to 3 foot-candles measured five (5') feet above grade for pedestrian sidewalks.
(Ord. 8-14. Passed 1-2-14.)
1103.1412 Canopies/Awnings.
A. Awnings shall be traditional in design; they shall be triangular in section, sloping outward and down from the top of the opening. First floor awning sides shall be open to increase sight lines towards storefronts along the street. Round-top, halfround, box, or other unusual awning shapes are prohibited unless approved in writing by the Plan Director. Internally lighted awnings are also prohibited. Signage on awnings shall be allowed as long as it meets appropriate portions of the requirements of Sec. 1103.1413. Internally illuminated awnings are prohibited.
B. Canopies shall be narrow in elevation, six (6") inches to twelve (12") inches, and flat. Typically such canopies would have internal drainage. Canopies shall be self-supporting or supported by tension rods. Canopy projections are limited to thirty-six (36") inches. Sloping or unusually shaped canopies are prohibited.
(Ord. 8-14. Passed 1-2-14.)
1103.1413 Signage.
Signage shall comply, Signs Permitted in Zoning Districts, and the following regulations:
A. Building signs shall be located above the main entrance in the sign band area, on the upper facade wall. The sign shall be sized to allow the masonry to be fully exposed around the sign.
B. No sign or part of a sign shall be located above the parapet of any facade. Roof mounted signs are prohibited.
C. Building signs shall not exceed 75% of the width of the storefront opening.
D. The shape of building signs shall be rectangular, or slight variations of rectangular forms, except business logos and/or corporate identity symbols are allowed.
E. Projecting signs are allowed. The maximum projection is three and one-half (3½') feet and the minimum mounting height to the bottom of the sign shall be seven (7') feet.
F. Window signs are allowed.
G. Raceways, cabinets, box signs
H. Moving, animated or intensely lighted signs, roof signs or signs that extend above a building roofline or parapet, and pole mounted signs are prohibited.
I. Monument or ground signs are allowed.
J. Each building shall display a street address as per City of Toledo Municipal Code. The street address shall also appear on any alley building elevation.
(Ord. 8-14. Passed 1-2-14; Ord. 166-24. Passed 4-10-24.)
1103.1414 Demolition Hearing Procedures (Cherry Street Urban Overlay District).
A. The Chery Street Development Organization (CSDO) has review and approval authority for demolition review under this section after seeking comment from the Plan Commission. A Major Site Plan application shall be required for all demolition requests.
B. When application is made for demolishing a structure within the Cherry Street Urban Overlay District, the Cherry Street Development Organization must grant the application when one or both of the following conditions are found to exist:
1. The structure for which demolition is sought contains no feature so architectural or historical significance, and it does not contribute to maintaining the character of the Cherry Street Urban Overlay District; or
2. There is no reasonable economic return for the structure as it exists and there is no feasibly alternative to demotion submitted to the applicant by concerned organizations of individuals who wish to preserve the structure.
C. Economic Hardship Standards and Criteria. The Cherry Street Development Organization 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 recommendation of the Cherry Street Development Organization 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, 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 Cherry Street Development Organization 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 2 years; itemized operating and maintenance expenses for the previous 2 years; and depreciation deduction and annual cash flow after debt service, if any, during the same period;
c. real estate taxes for the previous 2 years and assessed value of the property according to the most recent assessed valuation; and
d. all appraisals obtained within the previous 2 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 2 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 of private programs.
5. Other information considered by the respective Cherry Street Development Organization to be significant in determining whether the property does yield or may yield a reasonable return to the owner.
D. Alternatives to Demolition Submitted by Others. In deciding on the feasibility of an alternative to demolition, the Cherry Street Development Organization 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.
E. Additional Application Requirements. An applicant must meet with the Cherry Street Development Organization 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 Cherry Street Development Organization the application must contain sufficient information so that the Cherry Street Development Organization 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 2 years.
3. At the initial meeting with the applicant, the Cherry Street Development Organization or the staff must indicate the information the Cherry Street Development Organization 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 ser forth in Economic Hardships Standards and Criteria.
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 other evidence will be construed as a failure on the part of the applicant to meet the 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 Cherry Street Development Organization must make a determination on the applicant's submission in accordance with the time frames set forth herein.
F. The Plan Commission staff must evaluate each application in accordance with the standards and criteria contained in Demolition Hearing Procedures and Economic Hardship Standards and Criteria and must provide a written evaluation and report. The report must be presented to the respective Cherry Street Development Organization on or before the Cherry Street Development Organization's hearing.
G. The respective Cherry Street Development Organization must hold a hearing on the application. The Cherry Street Development Organization, at the 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 Cherry Street Urban Overlay District and that alternatives to demolition may be feasible and should be actively pursued by both the Cherry Street Development Organization and the applicant. This finding may include written recommendations to the applicant.
H. Upon the imposition of waiting period, the Cherry Street Development Organization must undertake meaningful and continuing discussion during the waiting period in order to find a means of preserving the structure.
1. The Cherry Street Development Organization and applicant must investigate the feasibility of all means of preserving the structure. During this period the Cherry Street Development Organization and the applicant must make every reasonable effort to find a demolition alternative for the structure.
2. If the Cherry Street Development Organization 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 discussion at least every 30 days after the initial meeting. During these meetings the Cherry Street Development Organization must give written notice to the applicant when the Cherry Street Development Organization believes that the structure may be saved if the applicant agrees to a longer waiting period.
I. The Cherry Street Development Organization may develop its own information on the Economic Hardship Standards and Criteria, and this information must be made part of the record on the application.
J. The Cherry Street Development Organization 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 Cherry Street Development Organization and the applicant.
K. When the demolition application is first received, the Cherry Street Development Organization must seek the help of neighborhood leaders to suggest that they and the Cherry Street Development Organization work together on developing an alternative to demolition. The Cherry Street Development Organization shall arrange one or more meetings between the applicant and any organizations and individuals working on an alternative to demolition.
L. The Cherry Street Development Organization may cause to be establish 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 oner person selected by the Cherry Street Development Organization, 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 the Economic Hardship Standards and Criteria. It must forward a written report on this evaluation to the Cherry Street Development Organization.
M. If, after reviewing all of the evidence, the Cherry Street Development Organization finds as follows below, then the Cherry Street Development Organization must approve the request, conditionally or otherwise. If the Cherry Street Development Organization finds that the standards, criteria, and requirements are not satisfied, the request will be denied. The Cherry Street Development Organization must find that:
1. The standards and criteria set forth in the Economic Hardship Standards and Criteria are satisfied;
2. And there is no feasible alternative to demolition, per the requirements of paragraph C above.
N. If the applicant or a representative fails to meet with the Cherry Street Development Organization at the times specified, or to participate in a meeting arranged by the Cherry Street Development Organization, then the Plan Commission may deny the request.
O. During the waiting period, the owner of such structure must maintain or mothball the structure to prevent further deterioration. If the request of a demolition 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 holding good faith meetings pursuant to paragraph G above for 6 months into the waiting period specified by the Cherry Street Development Organization, or at any time thereafter, the applicant may appeal to the Plan Commission for a determination pursuant to Section B through Section F.
Q. After each demolition of a landmarked structure or within a historic district, the Cherry Street Development Organization must prepare a brief report on that structure giving the reasons why the demolition took place. The report must be given to interested neighborhood organizations. At the end of each year the Cherry Street Development Organization 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 neighborhood organizations.
(Ord. 417-25. Passed 9-9-25.)
1103.1415 Demolition Appeals.
A. Decisions concerning demolitions by the Plan Commission may be appealed by the applicant or any other interested person to the City Council Planning and Zoning Committee, in writing, within 7 days of the Plan Commission hearing. Applications must be accompanied by the fee amount that has been established by the City Council.
B. The City Council Planning and Zoning Committee 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 Plan 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 City Council Planning and Zoning Committee is required to overturn a decision of the Plan Commission.
C. In cases involving denial of an application for demolition pursuant to Demolition Hearing Procedures, the Plan Commission and the applicant must present such evidence as will be relevant to the conditions set forth in Demolition Hearing Procedures and Economic Hardship Standards and Criteria 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 City Council Planning and Zoning Committee 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 Plan Commission hearing.
2. The City Council Planning and Zoning Committee may direct the applicant and the Plan Commission to continue discussions as provided for in Demolition Hearing Procedures (G) for the balance of the waiting period.
D. Decisions by the City Council Planning and Zoning Committee will be deemed final administrative orders for appellate purposes and will be thereafter regulated by Revised Code Chapter 2506.
E. No 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 A, during the pendency of a timely-filed appeal before the City Council Planning and Zoning Committee, or during the time prescribed in Revised Code Chapter 2506 for an appeal of a decision of the Plan Commission.
(Ord. 417-25. Passed 9-9-25.)
1103.1501 Purpose.
The Warehouse District Urban Overlay District is intended to:
A. Provide a review process for proposed physical changes to existing structures, new construction, and public spaces within the Warehouse District;
B. Implement appropriate building and parking setbacks that accommodate redevelopment that are compatible with historical building patterns; and
C. Promote development that features retail display windows, parking lots, and other pedestrian-oriented site design features.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1502 Effect of Designation.
The Warehouse UNO District is an overlay zoning classification to be established as an Urban Neighborhood Overlay (UNO) District under the provisions of Sec. 1103.0500. The overlay zoning district establishes additional design standards for development allowed by the underlying zoning district. In the event of conflict between the Warehouse District Urban Overlay District regulations and the regulations of the underlying base zoning district, the UNO regulations govern. In all cases, the most restrictive provision of the Warehouse District Urban Overlay District or the underlying zoning regulations govern.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1503 Warehouse UNO District Classification.
Those areas classified in the Warehouse UNO District shall be shown on the Official Zoning Map.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1504 Warehouse UNO District Boundaries.
The boundaries of the District are hereby established as shown on the City of Toledo zoning maps. The District boundaries are defined via the map attached hereto and legally described in this section, both of which are incorporated herein by reference. The overlay district regulations apply to the entirety of parcels, as existing at the time of adoption, lying wholly or partially within this boundary.
The Warehouse UNO District boundary is as follows: Commencing at the intersection of the centerline of Monroe Street and the centerline of 10th Street, thence southwest along the centerline of 10th Street to its intersection with the centerline of Washington Street, thence northwest along the centerline of Washington Street to its intersection with the centerline of 11th Street, thence south along the centerline of 11th Street extended to its intersection with the centerline of Lucas Street extended to the east right-of-way line of the Anthony Wayne Trail, thence southwesterly along the east right-of-way of the Anthony Wayne Trail to its intersection with the east right-of-way line I-75, thence south along the east right-of-way line of I-75 to its intersection with the centerline of Collingwood Boulevard, thence east along the centerline of Collingwood Boulevard to its intersection with St. Clair Street, thence north along the centerline of St Clair Street to its intersection with the centerline of William Street, thence southeast along the centerline of William Street to its intersection with the centerline of Oliver Street, thence northeast along the centerline of Oliver Street to its intersection with the centerline of Clayton Street, thence southeast along the centerline of Clayton Street to a point of intersection with the centerline of Ottawa Street/Owens Corning Parkway, thence northeast along the centerline of Ottawa Street/Owens Corning Parkway to its intersection with the centerline of Monroe Street, thence northwest along the centerline of Monroe Street to its intersection with the centerline 10th Street.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1505 Review and Approval Procedures.
The site plan review shall be as specified in Sec. 1111.0800. Building elevation drawings (with colors and materials indicated) showing the front, rear and side views shall be submitted along with the site plan.
A. The standards of the Warehouse UNO District apply to the physical change of any building or building addition that increases a building's floor area. "Physical change" means any work such as alteration, remodeling, new construction or renovation of the exterior of a structure. The standards also apply to the construction of off-street parking spaces, parking structures and driveways.
B. Building alterations that conflict with these standards or that otherwise increase the degree of non-compliance with these standards are prohibited.
C. A copy of new development, redevelopment and existing building rehabilitation plans, including landscaping, shall be submitted by the developer or building owner to the Toledo Warehouse District Architectural Review Committee for review prior to any work or any permits being issued by any city department.
D. The Toledo Warehouse District Architectural Review Committee shall be responsible for the review of plans as required by the Warehouse UNO District. It shall review and make recommendations to the Plan Director of the Plan Commission within thirty (30) calendar days of receipt of the plans by the Warehouse District Association.
E. Minor site modifications and adjustments to prior approvals may be approved administratively by the Plan Commission Staff.
F. In the event that Toledo Warehouse District Architectural Review Committee is no longer an official active organization for the Warehouse District then the development plans shall be subject to the Site Plan Review procedures of TMC 1111.0800.
G. Lapse of approval. If no building permit is issued for the site within two years from the date of Warehouse District ARC 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. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20; Ord. 24-22. Passed 2-1-22.)
1103.1506 Design Criteria Used to Evaluate Site Plans and Projects.
In addition to the design standards contained in Chapter 1109, Design Standards, the following criteria apply.
A. Relationship of Buildings to Site
1. The site shall be planned to accomplish a desirable transition between the building(s) and the streetscape to provide for adequate planting, safe pedestrian movement, and parking areas.
2. The height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
3. All new utility services, and service revisions necessitated by exterior alterations, must be installed underground.
B. Building Setback and Height
1. All new buildings, including buildings on corner lots, shall be built to the Right of Way.
C. Building Design
1. Building facades facing a Primary Street must incorporate a main entrance door on the primary street.
2. Building frontages that face Primary Streets and exceed a width of 50 feet must include vertical visual elements to break the plane of the building frontage.
3. Roof-mounted mechanical equipment must be screened from public view. The screening must be of a sufficient height to prevent persons located at the street level from viewing the screened items and a sight line analysis from at least 200 feet away must be submitted for review and approval. The design, colors and materials used in screening must be consistent with the architectural design of the building.
4. Dumpsters, recycling, and trash receptacles must be screened in accordance with TMC Sec. 1108.0304(B), and located adjacent to the primary structure. Materials of screen wall shall be consistent with the adjacent architecture, and exposed concrete block shall not be permitted.
5. For commercially used property at least 60 percent of each building façade along a Primary Street, between the height of 2 feet and 10 feet above the nearest sidewalk grade, must consist of clear, non-tinted, non-mirrored, and uncovered window glass permitting views of the building's interior to a depth of at least 4 feet. For building frontages other than those on Primary Streets, the window glass must continue for a minimum of 10 feet from the building corner. No exterior security bars or roll-down metal doors shall be allowed. This provision shall be reduced to at least 30 percent, of each building facade along a Primary Street, for the conversion of a residential building to a commercial use. This provision does not apply to buildings officially recognized as historic or those deemed eligible for listing in the National Register of Historic Places if the provision would result in a modification of the original historic appearance of the building.
6. New buildings, stand alone and in-fill, may be designed in a contemporary style but must be in harmony and compatible with neighboring structures by using the materials listed below.
D. Building Materials
Building facades shall reflect the Warehouse District's patterns of the surrounding context and provide interest for the pedestrian. Building facades shall reflect and complement the traditional materials and techniques of the district. They shall express the construction techniques and structural constraints of traditional, long-lasting building materials. Simple configurations and solid craftsmanship are favored over complexity and ostentation in building form and the articulation of details. All building materials to be used shall express their specific properties. For example, heavier more prominent materials (masonry) support lighter materials (wood). The following are identified as acceptable for predominant exterior building materials:
1. Brick: Shall be standard modular brick with common tooled mortar joints. Un-tooled joints, distressed brick, or irregular shaped brick are prohibited. Brick color and texture shall be compatible with original brick facades in the Warehouse District, constructed prior to the 1940's. Brick of this period was commonly beige or dull red with very little color range. Textures shall be uniform. Reclaimed brick shall only be used as a matching repair material.
2. Materials with a brick-like appearance such as "Founder's Brick", or similar material.
3. Wood, and it must be painted or stained/sealed.
4. Materials with a wood-like appearance such as "Textured Cementitious Board", "Cement Board Siding", or similar material.
5. Smooth finished or manufactured stone such as limestone or sandstone and terra cotta.
6. Glass.
7. Metal. Architectural metal panels which are either pre-finished aluminum or pre-finished steel that utilize concealed fasteners.
8. Building materials other than those listed above may be approved by the Plan Director, in consultation with TWDARC, in special cases such as building additions or building renovations, taking into consideration the predominant building materials existing on the building to be added to or renovated.
9. Exterior insulation and finish system (EIFS) with drainage cavity are acceptable where used to simulate an existing material and when 36 inches above grade and not within an entryway, and comprising less than 15% of the facade. EIFS systems must be applied as per manufacturer's specifications and certified by the manufacturer.
E. Alley Facades
On any building being considered for restoration or renovation, the exterior facades facing an alley shall be improved. Any exterior fire escape that is still in use and approved by the Fire Prevention Division of the Department of Fire and Rescue Operations shall be repaired and painted. Unused fire escapes shall be removed completely. All unused sign brackets or mounting devices shall be removed. All existing doors, windows and security devices shall be repaired and painted or replaced. All masonry or other facade materials shall be cleaned and sealed or painted, except where such work may cause damage. New lighting and building identification signage or street addresses shall be installed. New lighting fixtures with downward directed lighting shall be installed above or near any point of entry into the building.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1507 Permitted or Prohibited or Special Uses.
All uses that are permitted or prohibited or are special uses in the underlying zoning district(s) shall remain as permitted or prohibited or special uses in the Warehouse UNO District.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1508 Accessory Buildings and Uses.
All accessory buildings and uses which are permitted or prohibited in the underlying zoning district(s) are permitted or prohibited within the Warehouse UNO District, except that any detached accessory building on any lot shall have, on all sides, the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1509 Landscape Review Requirements.
Site plan review shall also include the review of landscape design elements and conformance with Sec. 1108.0300 | Urban Commercial Landscape Standards.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1510 Off-Street Parking.
Off-street parking requirements for properties within the Warehouse UNO District shall comply with the requirements set forth in Chapter 1107, Parking, and the following provisions:
A. Location of off-street parking facilities shall be on the same lot as the principal building or use or an alternative access and parking plan may be submitted as provided for in Sec. 1107.1400.
B. Off-street parking facilities shall be located in the rear portion of the subject property and behind the principal building or use. The construction of new off street parking lots having frontage on a street is prohibited.
C. If parking in the rear of the lot is not feasible because the lot is too shallow, or other unique circumstances approved by the Plan Commission, then parking may be allowed on the side of the building if a screening wall and landscape treatment are installed along the street frontage in conformance with the minimum parking lot standards for perimeter screening barriers.
1. If the parking lot is located adjacent to a building, a six (6') foot wide sidewalk shall be installed between the building and the parking area.
D. Access to parking lots shall be provided off alleys whenever possible in order to minimize curb cuts across pedestrian sidewalks.
E. The required number of off-street loading spaces may be reduced or eliminated by the Planning Director in consultation with the Division of Transportation, with due consideration given to the following factors:
1. Frequency and time of deliveries;
2. Size and nature of vehicles accommodated by the loading spaces;
3. The character of the neighborhood;
4. Impact upon adjoining streets, places, or alleys; and
5. Type of business.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1511 Lighting Requirements.
A. In reviewing the lighting proposed for a proposed development, existing or new, in the District, factors to be considered include but are not limited to:
1. Safety provided by the lighting.
2. Security provided by the lighting.
3. Light spillage or glare onto adjoining residential properties and/or streets is prohibited. All lumination shall be directed downwards.
4. Height and placement of lighting considering the proposed use.
5. Unless lighting is strictly used for security purposes, lighting must be turned off or dimmed 75% prior to 11:00 pm or daily close of business for buildings that are above twenty-four (24) feet in height.
B. Site Lighting for Parking Lots
1. Site lighting for parking lots shall utilize a pedestrian style light fixture and pole to match the lights being used by the City of Toledo for public enhancement within the Warehouse District. The Plan Commission will provide the model number for the light pole and luminaire, as well as detail product specifications. Similar fixtures and poles will be considered. Height shall be 14' to 16' maximum.
2. The light source shall be metal halide or LED.
3. The light intensity shall average a minimum of .5 foot-candles, measured five (5') feet above grade for parking lots and 1 to 3 foot-candles measured five (5') feet above grade for pedestrian sidewalks.
4. Pedestrian style light fixtures and poles shall be used along collective walks.
(Ord. 9-14. Passed 1-2-14; Ord. 84-20. Passed 2-25-20.)
1103.1601 Purpose.
The UpTown District Urban Overlay District is intended to:
A. Provide a review process for proposed physical changes to structures and public space within the UpTown District;
B. Implement appropriate building and parking setbacks that accommodate redevelopment that are compatible with historical building patterns; and
C. Promote development that features retail display windows, rear parking lots, and other pedestrian-oriented site design features.
D. Encourage Public Art & Green Infrastructure.
(Ord. 530-15. Passed 10-27-15.)
1103.1602 Effect of Designation.
The UpTown UNO District is an overlay zoning classification to be established as an Urban Neighborhood Overlay (UNO) District under the provisions of Sec. 1103.0500. The overlay zoning district establishes additional design standards for development allowed by the underlying zoning district. In the event of conflict between the UpTown District Urban Overlay District regulations and the regulations of the underlying base zoning district, the UNO regulations govern. In all cases, the most restrictive provision of the UpTown District Urban Overlay District or the underlying zoning regulations govern.
(Ord. 530-15. Passed 10-27-15.)
1103.1603 UNO District Classification.
Those areas classified in the UpTown UNO District shall be shown on the Official Zoning Map.
(Ord. 530-15. Passed 10-27-15.)
1103.1604 UpTown UNO District Boundaries.
The boundaries of the District are hereby established as shown on the City of Toledo zoning maps. The District boundaries are defined via the map attached hereto and legally described in this section, both of which are incorporated herein by reference. The overlay district regulations apply to the entirety of parcels, as existing at the time of adoption, lying wholly or partially within this boundary.
The UpTown UNO District boundary is as follows: Washington Street to the south, Collingwood Boulevard to the west, Woodruff Avenue, Putnam Street, alley south of Woodruff between Putnam and Warren Street, Warren Street, alley south of Woodruff between Warren Street and Franklin Avenue, Southard Avenue, Vermont Avenue, and Jackson Boulevard to the north, 10th Street, Adams Street, Michigan Avenue, Madison Avenue, and 10th Street to the east.
(Ord. 530-15. Passed 10-27-15; Ord. 366-24. Passed 7-17-24.)
1103.1605 Review and Approval Procedures.
The site plan review shall be as specified in Sec. 1111.0800. Building elevation drawings (with colors and materials indicated) showing the front, rear and side views shall be submitted along with the site plan.
A. The standards of the UpTown UNO District apply to physical changes to the appearance of any building or building addition which is viewable from the right-of-way and the total cost would be greater than or equal to 10% of the appraised value of the building, as listed by the County Auditor. For the purpose of the UpTown overlay provisions "physical change" means any work such as alteration, remodeling, new construction or renovation of the exterior of a structure. All new off-street parking spaces, driveways, fencing and signage shall be subject to review under the provisions of the UpTown UNO District and are not subject to cost restrictions as stated above.
B. Industrial zoned properties shall be exempt from the provisions of the UpTown UNO District but still comply with the design standards of TMC 1109.000.
C. Building alterations that conflict with these standards or that otherwise increase the degree of non-compliance with these standards are prohibited.
D. A copy of new development, redevelopment and existing building rehabilitation plans, including landscaping, shall be submitted by the developer or building owner to the UpTown District Architectural Review Committee for their review prior to any work or any permits being issued by any city department.
E. The UpTown District Architectural Review Committee shall be responsible for the review of plans as required by the UpTown UNO District. They shall review and make recommendations to the Director of the Plan Commission within forty-five (45) calendar days of receipt of the plans by the UpTown District Association.
F. In the event that UpTown District Architectural Review Committee is no longer an official active organization for the UpTown District, then the development plans shall be subject to the Site Plan Review procedures of TMC 1111.0800.
(Ord. 530-15. Passed 10-27-15.)
1103.1606 Design Criteria Used to Evaluate Site Plans and Projects.
In addition to the design standards contained in Chapter 1109, Design Standards, the following criteria apply.
A. Relationship of Buildings to Site
1. The site shall be planned to accomplish a desirable transition between the building(s) and the streetscape to provide for adequate planting, safe pedestrian movement, and parking areas.
2. Parking areas shall be treated with decorative elements, building wall extensions, plantings, or other innovative means so as to screen parking areas from view from public ways.
3. The height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.
4. Newly installed utility services, and service revisions necessitated by exterior alterations, should be underground.
5. Sidewalks located in the public right-of-way shall be appropriate widths consistent with those of adjacent properties.
6. Newly proposed sidewalks within the public right-of-way shall be a minimum of five feet (5') in width.
B. Building Setback and Height
1. The maximum allowed front setback shall be twenty (20) feet unless a public-private setback zone is provided.
2. Buildings on corner lots must comply with maximum building setback standards along all lot frontages.
3. The minimum side yard and rear yard setbacks shall be as specified in the underlying zoning district.
4. The maximum building height shall be as specified in the underlying zoning district.
C. Building Design
1. Building facades facing a Principal Street (as described below) must incorporate a main entrance door on the principal street. Principal Streets located in the UpTown District shall consist of the Streets named after the Presidents, Collingwood Blvd, 11th, 14th & 17th Streets.
2. Building frontages that face Principal Streets and exceed a width of 50 feet must include vertical visual elements to break the plane of the building frontage. Such vertical elements must be spaced at regularly spaced intervals to provide visual interest along the entire building frontage.
3. The use of public artwork is encouraged and should be incorporated whenever possible.
4. Grade level mechanical equipment shall be screened from public view and all public right-of-ways. All utilities shall be underground wherever possible.
5. Roof-mounted mechanical equipment must be screened from public view. The screening must be of a sufficient height to prevent persons located at the street level from viewing the screened items and a sight line analysis from at least 200 feet away must be submitted for review and approval. The design, colors and materials used in screening must be consistent with the architectural design of the building.
6. Dumpsters and trash receptacles must be screened in accordance with Sec. 1108.0304(B), and located to the rear of the property.
7. For commercially used property at least 60 percent of each building façade along a Principal Street, between the height of 2 feet and 10 feet above the nearest sidewalk grade, must consist of clear, non-tinted, non-mirrored, and uncovered window glass permitting views of the building's interior to a depth of at least 4 feet. For building frontages other than those on Principal Streets, the window glass shall continue for a minimum of 10 feet from the Principal Street building corner. No exterior security bars or roll-down metal doors shall be allowed. This provision shall be reduced to at least 30 percent of each building facade along a Principal Street, for the conversion of a residential building to a commercial use. This provision does not apply to buildings officially recognized as historic or those deemed eligible for listing in the National Register of Historic Places if the provision would result in a modification of the original historic appearance of the building.
8. New buildings, stand alone and in-fill buildings, may be designed in a contemporary style but must be in harmony and compatible with the context of neighboring properties.
D. Building Materials
Maintaining a consistent palette of materials is important to establishing continuity within the District and to improving the overall appearance of the District. Predominant building materials should be high quality. Exterior insulation and finish system (EIFS) materials and applications are prohibited, except where used to simulate an existing material and when eight (8) feet above grade and not within an entryway, and comprising less than 15% of the frontage facing the principal street & all public right-of-ways. The following are identified as acceptable for predominant exterior building materials:
1. Brick: Shall be standard modular brick (4" x 8") with common tooled mortar joints (the UDARC may approve non-standard modular brick sizes and designs). Un-tooled joints, distressed brick, or irregular shaped brick are prohibited. Brick color and texture shall be compatible with original brick facades in the UpTown District, constructed prior to the 1940's. Brick of this period was commonly blond, yellow-blond, beige, or dull red with very little color range. Textures varied from smooth or glazed to rough. Textures tended to be uniform.
2. Materials with a brick-like appearance (4" x 8") such as "Founder's Brick" or similar material (the UDARC may approve additional sizes and designs).
3. Wood; and it must be painted or stained/sealed.
4. Materials with a wood-like appearance such as "Textured Cementitious Board", "Cement Board Siding", or similar material.
5. Smooth finished or manufactured stone such as limestone or sandstone and terra cotta.
6. Glass.
7. Building materials other than those listed above may be approved by the Plan Director, in consultation with UDARC, in special cases such as building additions or building renovations, taking into consideration the predominant building materials existing on the building to be added to or renovated.
8. Predominant exterior building materials shall not include the following:
a. smooth-faced concrete block
b. smooth-faced tilt-up concrete panels
c. pre-fabricated steel panels
d. vinyl siding
9. The use of high-intensity colors, metallic colors, blacks or fluorescent colors is discouraged. Paint colors shall visually relate building elements to each other, as well as, individual facades to each other. The colors chosen for any façade shall relate to the neighboring facades and to the blockscape as a whole. The placement of colors should be based on the existing hierarchy of detail: base, major and minor trim colors. The color of the upper wall surface and the storefront piers is the base color.
E. Alley Facades
1. On any building being considered for restoration or renovation, the exterior facades facing an alley shall also be improved. Any exterior fire escape that is still in use and approved by the Fire Prevention Division of the Department of Fire and Rescue Operations shall be repaired and painted. Unused fire escapes shall be removed completely. All unused sign brackets or mounting devices shall be removed. All existing doors, windows and security devices shall be repaired and painted or replaced. All masonry or other facade materials shall be cleaned and sealed or painted. New lighting and building identification signage or street addresses shall be installed. New lighting fixtures with downward directed lighting shall be installed above or near any point of entry into the building.
2. The use of artwork is encouraged along alley facades.
(Ord. 530-15. Passed 10-27-15.)
1103.1607 Architectural Review Requirements for Existing Buildings.
Duplication of the exact historic design of the original building façade is not completely necessary in order to create a handsome and functional building, but the historical appearance should be the principal influence in façade rehabilitation.
A. Elements in restoring historical appearance:
1. Applied siding treatments, metal fascias and canopies should be removed wherever possible.
2. Repair damage from siding and fascia attachments and repair the upper facades hidden by such treatments. Metal fascias and other applied treatments often aid in preserving the façade and its materials.
3. Rehabilitate the existing facades in keeping with the original architecture of the building.
4. Maintain the original architectural elements and detail that remain.
5. Reconstruct non-original portions of the façade, as needed, in keeping with the original façade design.
6. Restore original elements and detail that have been lost, when feasible.
B. Traditional façade guidelines for façade rehabilitation:
1. Maintain the continuity of the blockscape. Do not recess the storefront or otherwise change the continuous plane of the facades.
2. Maintain the size and shape of the original façade openings: the storefront opening and the upper story windows. Do not fill-in or reduce the size of the original openings.
3. New windows should fit the size and shape of their openings.
(Ord. 530-15. Passed 10-27-15.)
1103.1608 Permitted or Prohibited or Special Uses.
All uses that are permitted or prohibited or are special uses in the underlying zoning district(s) shall remain as permitted or prohibited or special uses in the UpTown UNO District.
(Ord. 530-15. Passed 10-27-15.)
1103.1609 Accessory Buildings and Uses.
All accessory buildings and uses which are permitted or prohibited in the underlying zoning district(s) are permitted or prohibited within the UpTown UNO District, except that any detached accessory building on any lot shall have, on all sides, the same architectural features or shall be architecturally compatible with the principal building(s) with which it is associated.
(Ord. 530-15. Passed 10-27-15.)
1103.1610 Landscape Review Requirements.
Site plan review shall also include the review of landscape design elements and conformance with Sec. 1108.0300 | Urban Commercial Landscape Standards. All landscaping shall adhere to the crime prevention through environmental design (CPTED) standards. Applicants are strongly encouraged to contact the Toledo Police Department Community Services Division who can make recommendations to enhance the usage of CPTED principles, which include natural surveillance, natural access control, and territorial reinforcement. Landscapes must allow clear and unobstructed views of the surrounding areas. All landscaping will be at ground level, three feet in height maximum, and any tree canopy base shall be six feet or higher to allow for natural surveillance and eliminate potential ambush points.
(Ord. 530-15. Passed 10-27-15.)
1103.1611 Off-Street Parking.
Off-street parking requirements for properties within the UpTown UNO District shall comply with the requirements set forth in Chapter 1107, Parking, and the following provisions:
A. Location of off-street parking facilities shall be on the same lot as the principal use or within three hundred (300) feet of the building (measured from the nearest point of the building or use to the nearest point of the parking) or an alternative access and parking plan may be submitted as provided for in Sec. 1107.1400X.
B. Off-street parking facilities shall be located in the rear portion of the subject property and behind the principal building or use. The construction of new off street parking lots having frontage on a street is prohibited.
C. If parking in the rear of the lot is not feasible because the lot is too shallow, or other unique circumstances approved by the Plan Commission, then parking may be allowed on the side of the building if a screening wall and landscape treatment are installed along the street frontage in conformance with the minimum parking lot standards for perimeter screening barriers.
1. A landscape island or greenbelt, five (5') feet in width shall be installed behind the screen wall. This landscape island/ greenbelt shall accommodate the installation of canopy trees, at least three (3") inches in caliper.
2. If the parking lot is located adjacent to a building, a six (6') foot wide sidewalk shall be installed between the building and the parking area.
D. Access to parking lots shall be provided off alleys whenever possible in order to minimize curb cuts across pedestrian sidewalks.
E. The required number of off-street loading spaces may be reduced or eliminated by the Planning Director in consultation with the Division of Transportation, with due consideration given to the following factors:
1. Frequency and time of deliveries;
2. Size and nature of vehicles accommodated by the loading spaces;
3. The character of the neighborhood;
4. Impact upon adjoining streets, places, or alleys; and
5. Type of business.
(Ord. 530-15. Passed 10-27-15.)
1103.1612 Lighting requirements.
A. In reviewing the lighting proposed for a lot to be developed in the District, factors to be considered include but are not limited to:
1. Safety provided by the lighting.
2. Security provided by the lighting.
3. Light spillage or glare onto adjoining residential properties and/or streets is prohibited. All lumination shall be directed downwards.
4. Height and placement of lighting standards considering the use.
B. Site Lighting for Small Parking Lots (Twenty-Five or Less Parking Spaces)
1. Site lighting for small parking lots shall utilize a pedestrian style light fixture and pole to match the lights being used by the City of Toledo for public enhancement within the UpTown District. The City of Toledo will provide the model number for the light pole and luminaire, as well as detail product specifications. Similar fixtures and poles will be considered.
2. The light source shall be metal halide or LED.
3. The light intensity shall average a minimum of .5 foot-candles, measured five (5') feet above grade for parking lots and 1 to 3 foot-candles measured five (5') feet above grade for pedestrian sidewalks.
C. Site Lighting for Large Parking Lots (Twenty-Six or More Parking Spaces)
1. Site lighting for large parking lots shall utilize a Shoe Box Fixture and pole (maximum 25 feet height) for efficiency of lighting and neutrality of design. The City of Toledo will provide the model number for the lights or luminaires, as well as detailed product specifications. Similar fixtures and poles will be considered.
2. The light source shall be metal halide or LED.
3. Pedestrian style light fixture and pole, as indicated for small parking lots, shall be used along collective walks.
4. The light intensity shall average a minimum of .5 foot/candles, measured five (5') feet above grade for parking lots and 1 to 3 foot-candles measured five (5') feet above grade for pedestrian sidewalks.
(Ord. 530-15. Passed 10-27-15.)
1103.1613 Canopies/Awnings.
A. Awnings shall be traditional in design; they shall be triangular in section, sloping outward and down from the top of the opening. First floor awning sides are recommended to be open to increase sight lines towards storefronts along the street. Curved awnings matching the curve of the openings being covered are permitted. Other round-top, halfround, box, or other unusual awning shapes are prohibited unless approved in writing by the Plan Director. Internally illuminated awnings are also prohibited. Signage on awnings shall be allowed as long as it meets appropriate portions of the requirements of Section 1103.1613.
B. Canopies shall be narrow in elevation, six (6") inches to twelve (12") inches, and flat. Typically such canopies would have internal drainage. Canopies shall be self-supporting or supported by tension rods. Canopy projections are limited to thirty-six (36") inches. Sloping or unusually shaped canopies are prohibited.
(Ord. 530-15. Passed 10-27-15.)
1103.1614 Signage.
Signage shall comply with Part 13, Title 9, Chapter 1387, Signs Permitted in Zoning Districts, and the following regulations:
A. Building signs shall be located above the main entrance in the sign band area, on the upper facade wall. The sign shall be sized to allow the masonry to be fully exposed around the sign.
B. No sign or part of a sign shall be located above the parapet of any facade. Roof mounted signs are prohibited.
C. Building signs shall not exceed 75% of the width of the storefront opening.
D. The shape of building signs shall be rectangular, or slight variations of rectangular forms, except business logos and/or corporate identity symbols are allowed.
E. Projecting signs are allowed. The maximum projection is three and one-half (3½') feet and the minimum mounting height to the bottom of the sign shall be seven (7') feet.
F. Window signs are allowed. However, no signage or advertisement shall block the view to the interior.
G. Raceways, cabinets, box signs, moving, animated or intensely lighted signs, roof signs or signs that extend above a building roofline or parapet, and pole mounted signs are prohibited.
H. Monument or ground signs are allowed.
I. Additional Off-Premise Signs (Billboards) are prohibited. Existing off-premise signs may remain subject to the regulations for legal non-conforming signs in Chapter 1395.
J. Each building shall display a street address as per City of Toledo Municipal Code. The street address shall also appear on any alley building elevation.
K. Public Art shall be approved by the UDARC prior to final approval from the Toledo Arts Commission.
(Ord. 530-15. Passed 10-27-15.)
1103.1615 Fencing.
Fencing when visible from a public right-of-way shall be of an ornamental design, such as wrought iron or aluminum tube fencing. Alternative ornamental designs shall be subject to the review of the UDARC. Industrial zoned properties shall be exempt from UpTown UNO fencing requirements. However, industrial zoned properties shall be required to meet industrial fencing design standards as outlined in Section 1105.0300.
(Ord. 530-15. Passed 10-27-15.)
1103.1616 Architectural Review Committee Composition, Jurisdiction and Procedures.
A. UpTown District Architectural Review Committee (UDARC) Authority
There is hereby established the UpTown District Architectural Review Committee ("UDARC") which shall have the responsibility for reviewing all Development Plans and proposed demolitions for projects in the UpTown District, for compliance with the UpTown UNO District.
The UDARC shall recommend to the Plan Director to approve, approve with modifications, or disapprove submissions for projects in the UpTown District. The UDARC shall have full authority to approve, approve with modifications, or disapprove demolition submissions in the UpTown District. The applicant may appeal decisions on demolitions by the UpTown District Architectural Review Committee or any other interested person to the Plan Commission, in writing, within 7 days of the UpTown District Architectural Review Committee. The Plan Commission must hear such appeals within thirty (30) calendar days of the date of receipt of the appeal.
If the UDARC forwards the Submission to the Toledo Plan Commission, or the decision under these Declarations is appealed to the Toledo Plan Commission, the Toledo Plan Commission shall review the Submission in accordance with the Declarations, the Toledo Municipal Code, and its Rules, and render its decision in writing. The Toledo Plan Commission shall not arbitrarily or unreasonably withhold its approval of Submissions.
B. UDARC Composition and Term
The UDARC shall consist of not more nor less than five (5) members. The UpTown District Association shall appoint the members of the UDARC. In the event that the UpTown District Association is no longer a functional entity then Toledo City Council shall appoint the members. The composition of the UDARC shall consist of those property owners (minimum of one), residents (minimum of one), business owners or employees under special circumstance (minimum of one) who are located within the boundaries of the UpTown District as defined in the Toledo UpTown Plan to comprise at least four of the members, and shall include one (1) professional architect, landscape architect or planner.
In the event that there is a vacant position on the UDARC that has not been filled by the process defined in these Declarations, the UDARC, by majority vote, may temporarily appoint a person to serve on the UDARC until a replacement is designated.
The UDARC members shall serve the terms as outlined below. To achieve staggered terms the initial terms of the appointees of the Professional Architect, Landscape Architect, or Planner shall be three (3) years.
- Property Owners shall serve a term of two (2) years;
- Business Owners or employees shall serve a term of two (2) years;
- Residents shall serve a term of two (2) years;
There are no term limitations.
C. UDARC Rules
The Chair shall be responsible for providing a non-voting Secretary for the UDARC who shall be responsible for maintaining the minutes and records of the UDARC. A quorum of the UDARC shall consist of three (3) members, one (1) of which must be the Chair or Vice Chair. Three (3) affirmative votes are necessary for all UDARC review action, unless stated otherwise in these Declarations. In the event of a tie vote, the Chair shall render a decision on behalf of the UDARC.
The UDARC shall adopt Rules of Procedure ("Rules") to govern the operations of the UDARC. Such Rules must be adopted by, and shall be amended by, a vote of not less than four (4) members of the UDARC. Robert's Rules of Order shall govern the actions of the UDARC unless otherwise expressly provided for in the Rules.
The UDARC shall adopt provisions to allow the Chair or Chair's designee to administratively approve certain Submissions conforming to the Declarations without review by the UDARC.
D. UDARC Procedures
An applicant shall forward Submissions to the UDARC for preliminary review in accordance with the Declarations before review of the Submission by the UDARC. The UDARC shall review the Submission for conformance with the Declarations and the Toledo Municipal Code, and shall respond in writing within forty-five (45) days of the filing of the Submission as to whether the Submission materially conforms to the Declarations and Toledo Municipal Code, or what modifications are needed to achieve conformance.
If the Submission materially conforms to the Declarations and the Toledo Municipal Code, the UDARC shall forward the Submission and all comments to the Director of the Plan Commissions for review as provided for in this Article.
E. UDARC Liability
The UDARC, as a City of Toledo entity, shall have the liability protections granted to such bodies under the laws of the State of Ohio.
F. Variance
The UDARC is authorized to recommend variances from any provision of the Declarations where such variances will assist in carrying out the intent and spirit of the development and where strict application of the provision would result in a particular hardship to the applicant.
G. Public Meetings
Regular and Special meetings of the UDARC shall be subject to the public meeting and notice requirements (commonly known as the "Sunshine Laws") of the Ohio Revised Code and the Toledo Municipal Code.
(Ord. 530-15. Passed 10-27-15.)
1103.1617 Demolition Hearing Procedures (UpTown District).
A. The UpTown District Architectural Review Committee (UDARC) has review and approval authority for demolition review under this section after seeking comment from the City Historic District Commission for review and comment.
B. When application is made for demolishing a structure within the UpTown District, the UpTown District Architectural Review Committee (UDARC) must grant the application 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 UpTown 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.
C. Economic Hardship Standards and Criteria
The UpTown District Architectural Review Committee (UDARC), 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 UpTown District Architectural Review Committee (UDARC) 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, 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 UpTown District Architectural Review Committee (UDARC) 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 2 years; itemized operating and maintenance expenses for the previous 2 years; and depreciation deduction and annual cash flow after debt service, if any, during the same period;
C. real estate taxes for the previous 2 years and assessed value of the property according to the most recent assessed valuation; and
D. all appraisals obtained within the previous 2 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 2 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 UpTown District Architectural Review Committee (UDARC) to be significant in determining whether the property does yield or may yield a reasonable return to the owner.
D. Alternatives To Demolition Submitted By Others
In deciding on the feasibility of an alternative to demolition, the UpTown District Architectural Review Committee 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.
E. Additional Application Requirements
An applicant must meet with the UpTown District Architectural Review Committee 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 UpTown District Architectural Review Committee, the application must contain sufficient information so that the UpTown District Architectural Review Committee 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 2 years.
3. At the initial meeting with the applicant, the UpTown District Architectural Review Committee or the staff must indicate the information the UpTown District Architectural Review Committee 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 Economic Hardship Standards and Criteria.
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 UpTown District Architectural Review Committee must make a determination on the applicant's submission in accordance with the time frames set forth herein.
F. The Plan Commission staff must evaluate each application in accordance with the standards and criteria contained in Demolition Hearing Procedures and Economic Hardship Standards and Criteria and must provide a written evaluation and report. The report must be presented to the respective UpTown District Architectural Review Committee on or before the UpTown District Architectural Review Committee's initial hearing.
G. The respective UpTown District Architectural Review Committee must hold an initial hearing on the application. The UpTown District Architectural Review Committee, 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 UpTown District and that alternatives to demolition may be feasible and should be actively pursued by both the UpTown District Architectural Review Committee and the applicant. This finding may include written recommendations to the applicant.
H. Upon the imposition of a waiting period, the UpTown District Architectural Review Committee must undertake meaningful and continuing discussions during the waiting period in order to find a means of preserving the structure.
1. The UpTown District Architectural Review Committee and applicant must investigate the feasibility of all means of preserving the structure. During this period the UpTown District Architectural Review Committee and the applicant must make every reasonable effort to find a demolition alternative for that structure.
2. If the UpTown District Architectural Review Committee 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 UpTown District Architectural Review Committee must give written notice to the applicant when the UpTown District Architectural Review Committee believes that the structure may be saved if the applicant agrees to a longer waiting period.
I. The UpTown District Architectural Review Committee may develop its own information on the Economic Hardship Standards and Criteria, and this information must be made part of the record on the application.
J. The UpTown District Architectural Review Committee 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 UpTown District Architectural Review Committee and the applicant.
K. When the demolition application is first received, the UpTown District Architectural Review Committee must seek the help of neighborhood leaders and suggest that they and the UpTown District Association work together on developing an alternative to demolition. The UpTown District Architectural Review Committee shall arrange one or more meetings between the applicant and any organizations and individuals working on an alternative to demolition.
L. The UpTown District Architectural Review Committee 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 UpTown District Architectural Review Committee, 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 the Economic Hardship Standards and Criteria. It must forward a written report on this evaluation to the UpTown District Architectural Review Committee.
M. If, after reviewing all of the evidence, the UpTown District Architectural Review Committee finds as follows below, then the UpTown District Architectural Review Committee must approve the request, conditionally or otherwise. If the UpTown District Architectural Review Committee finds that the standards, criteria, and requirements are not satisfied, the request will be denied. The UpTown District Architectural Review Committee must find that:
1. The standards and criteria set forth in the Economic Hardship Standards and Criteria are satisfied;
2. And there is no feasible alternative to demolition, per the requirements of paragraph C above.
N. If the applicant or a representative fails to meet with the UpTown District Architectural Review Committee at the times specified, or to participate in a meeting arranged by the UpTown District Architectural Review Committee, then the UpTown District Architectural Review Committee may deny the request.
O. During the waiting period, the owner of such structure must maintain or mothball the structure to prevent further deterioration. If the request for a demolition 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 holding good faith meetings pursuant to paragraph G above for 6 months into the waiting period specified by the UpTown District Architectural Review Committee, or any time thereafter, the applicant may appeal to the Plan Commission for a determination pursuant to Section B through Section F.
Q. After each demolition of a landmarked structure or within a historic district, the UpTown District Architectural Review Committee 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 UpTown District Architectural Review Committee 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. 530-15. Passed 10-27-15.)
1103.1618 Demolition Appeals.
A. Decisions concerning demolitions by the UpTown District Architectural Review Committee may be appealed by the applicant or any other interested person to the Plan Commission, in writing, within 7 days of the UpTown District Architectural Review Committee hearing provided for in Initial Hearing Procedures.
B. 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 UpTown District Architectural Review Committee 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 UpTown District Architectural Review Committee.
C. In cases involving denial of an application for demolition pursuant to Demolition Hearing Procedures, the UpTown District Architectural Review Committee and the applicant must present such evidence as will be relevant to the conditions set forth in Demolition Hearing Procedures and Economic Hardship Standards and Criteria 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 UpTown District Architectural Review Committee hearing.
2. The Plan Commission may direct the applicant and the UpTown District Architectural Review Committee to continue discussions as provided for in Demolition Hearing Procedures (G) for the balance of the waiting period.
D. Decisions by the Plan Commission will be deemed final administrative orders for appellate purposes and will be thereafter regulated by Revised Code Chapter 2506.
E. No 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 A, 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. 530-15. Passed 10-27-15.)