Toledo City Zoning Code

CHAPTER 1104

Use Regulations

1104.0200 Attached house.

The following standards apply to attached houses.

(Ord. 170-04. Passed 3-23-04.)

1104.0201 In the RM12 District, up to eight dwelling units may be attached, and structures containing nine or more dwelling units are therein prohibited.

(Ord. 170-04. Passed 3-23-04.)

1104.0202 In the RD6 District, up to two dwelling units may be attached, and structures containing three or more dwelling units are therein prohibited.

(Ord. 170-04. Passed 3-23-04.)

1104.0203 The density and lot size (area and width) requirements of the underlying zoning district apply. Commonly used areas, including commonly owned open space, driveway, or parking areas, apply toward the overall density standard.

(Ord. 170-04. Passed 3-23-04.)

1104.0204 The front, side, and rear setback standards of the underlying zoning district apply around the perimeter of the project.

(Ord. 170-04. Passed 3-23-04.)

1104.0205 The side setback on the side containing a common wall is reduced to zero.

(Ord. 170-04. Passed 3-23-04.)

1104.0206 On corner lots, either the rear setback or side setback may be reduced to zero. However, the remaining side or rear setback must comply with the rear setback standards of the underlying zoning district.

(Ord. 170-04. Passed 3-23-04.)

1104.0207 The roof of each attached house must be distinct from the others through separation of roof pitches or direction, or other variation in roof design.

(Ord. 170-04. Passed 3-23-04.)

1104.0208 A common access to the rear of the lots for common or individual parking is allowed and may take the form of an easement. Common access drives must be at least 12 feet wide if designed for one-way traffic and at least 20 feet wide if designed for two-way traffic. When the access drive abuts Residential zoned property that is not part of the attached house project, it must be buffered by a Type B Landscape/Screening Buffer (See Section 1108.0203F.)

(Ord. 170-04. Passed 3-23-04.)

1104.0209 See also Section 1105.0600, Residential Garages.

(Ord. 170-04. Passed 3-23-04.)

1104.0600 Convenience stores.

EDITOR'S NOTE: Former Section 1104.0600 was repealed by Ordinance 147- 22, passed 4-26-22.

1104.0804 Car Washes.

A. Car washes without fuel pumps shall be reviewed under this section.

B. Gasoline and fuel sale facilities with or without car wash facilities shall not be reviewed as a drive-through use under this section so long as they are subject to review under the special use or other special permit process wherein they are specifically designed for review.

C. A car wash shall not be located within 100 feet of a residential zoning district or property upon which a residential use is established.

(Ord. 170-04. Passed 3-23-04; Ord. 151-25. Passed 4-8-25.)

1104.0903 General Requirements.

A. Canopies shall be set back a minimum of 10 feet from the property line, and shall be designed to be consistent with the building materials and colors of the principal building. Support columns shall be brick, brick base, or other durable materials compatible with the principal building. The Planning Director may require a peaked roof to complement the principal building.

B. Pump islands shall be set back a minimum of 15 feet from the property line.

C. Non-petroleum displays must be within 25 feet of the building but not within 25 feet of any right-of-way. The maximum height of such displays shall not exceed 5 feet.

D. Free air (with the capability of filling standard automobile tires), water, and restrooms shall be provided and maintained during operating hours of the station.

(Ord. 198-11. Passed 4-19-11.)

1104.1000 Group living and day care - spacing.

1104.1001 Group Living facilities, Type A Family Day Care Home and Nonresidential Drug and Alcohol Centers that are subject to this spacing requirement Section in the Use Table of Sec. 1104.0100 , must be at least 500 feet from a site with any other Group Living facility, Type A Family Day Care Home, and Nonresidential Drug and Alcohol Center that is also subject to this spacing requirement.

(Ord. 170-04. Passed 3-23-04; Ord. 14-20/38-21. Passed 1-19-21)

1104.1002 In no case may more than one facility subject to this Section be located on the same block.

(Ord. 170-04. Passed 3-23-04; Ord. 14-20/38-21. Passed 1-19-21)

1104.1003 Halfway houses must be at least 2,000 feet away from other halfway houses.

(Ord. 552-11. Passed 11-29-11; Ord. 14-20/38-21. Passed 1-19-21.)

1104.1004 Drug and Alcohol Residential Facilities and Drug and Alcohol Treatment Centers, Nonresidential must be at least 1,000 feet away from other Drug and Alcohol Treatment Centers.

A. Facilities permitted by right shall request a letter from the Plan Commission indicating the location is properly zoned and not in violation of spacing requirements. If a spacing violation exists, a facility may request approval through the Special Use Permit process.

B. Facilities requiring a Special Use Permit shall be forwarded to the Mental Health and Recovery Service Board of Lucas County for an opportunity to provide input as part of the review process.

(Ord. 14-20/38-21. Passed 1-19-21)

1104.0101 [P] Permitted Uses.

A "P" indicates that a use is permitted by right, subject to compliance with all other applicable regulations of this Zoning Code.

(Ord. 170-04. Passed 3-23-04.)

1104.0102 [S] Special Uses.

An "S" indicates that a use is allowed only if reviewed and approved in accordance with the Special Use procedures of Section 1111.0700.

(Ord. 170-04. Passed 3-23-04.)

1104.0103 Uses Not Allowed.

A blank cell (one with a "-" and doesn't contain a "P" or "S") indicates that the listed use is not allowed in the respective zoning district.

(Ord. 170-04. Passed 3-23-04.)

1104.0104 Use Standards.

The existence of use standards for a use category is noted by a bracketed table note reference "[x]" within the table cell containing the "P" or "S." Unless otherwise noted, use standards are also subject to the provisions of: Chapter 1107, Parking, Loading, and Access; Chapter 1108, Landscaping and Screening; and Chapter 1109, Design Standards.

(Ord. 170-04. Passed 3-23-04.)

1104.0105 Developments with Multiple Principal Uses.

A. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a computer store, bookstore, and discount store, for example, would be classified in the Retail Sales, General category because all of the development's principal uses are in that category.

B. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to applicable regulations within that category. For example, a gas station that also contains a mini-convenience store would be subject to the special permit regulations for both gasoline and fuel sales facility and for a convenience store.

C. Developments with multiple principal uses, such as shopping centers, shall incorporate only those uses allowed in the underlying base zoning district.

(Ord. 170-04. Passed 3-23-04.)

1104.0106 Unlisted Uses.

If an application is submitted for a use type that is not listed in the Use Table of this section, the Planning Director is authorized to classify the new or unlisted use type into an existing land use category that most closely fits the new or unlisted use. If no similar use determination can be made, the Planning Director must initiate an amendment to the text of this Zoning Code to clarify where such uses are allowed.

(Ord. 170-04. Passed 3-23-04.)

1104.0107 Use Categories.

The use categories listed in the Use Table are organized into five major use groups: Residential, Public and Civic, Commercial Use Types, Industrial Use Types, and Other Use Types. Each major use group is further divided into a series of use categories. All of the use categories listed in the Use Table are defined in Section 1116.0200.

Use Category

RS12

RS9

RS6

RD6

RM (all)

RMH

POS

Residential

Household Living

Detached House

Detached House, Zero Lot Line

P[1]

Attached House

P[2]

Duplex

Cluster Housing

S[3]

Manufactured Housing Park

P[4]

Manufactured Home

Multi-Dwelling Structure

P[5]

P
[5, 6]

P
[5, 7]

P
[5, 6]

P[5]

Adult Foster Home

Certified Foster Home

Group Living

Adult Family Home

P[8]

Residential Facility, Small

P[8]

Residential Facility, Large

S[8]

Drug and Alcohol Residential Facility

S[8]

P[8]

Halfway House

S
[8, 27]

Nursing Home

S[9]

P[9]

Rest Home

S[9]

P[9]

Home for the Aging

S[9]

P[9]

Group Rental

P[9], [10]

P[10]

Homeless Shelter

S[8]

Other Group Living

Public and Civic

Colleges and Universities

Community Recreation

Passive

Active

Marinas

S[11]

Cultural Exhibits and Libraries

Day Care

Type A Family Day Care Home

S[8], [12]

P[12]

Type B Family Day Care Home

P[12]

Day Care Center

[12]

P[12]

Hospital

Lodge, Fraternal and Civic Assembly

Postal Service

Public Safety

Religious Assembly

Schools

Utilities, Minor

Utilities and Services, Major

Commercial Use Types

Animal Services

Sales and Grooming

[13]

Kennels

[14]

Animal Shelters

[14]

Fully Enclosed Animal Shelters/ Kennels

Veterinary

[13]

Building Maintenance Services

Business Equipment Sales and Services

[13]

Business Support Services

[13]

Communications Service Establishments

Construction Sales and Services

[15]

Eating and Drinking Establishments

Tavern

[13]

Fast Order Food

[13]

[16]

Fast Order Food, Drive-through

[17]

[9], [17]

Restaurant, Sit-down

[13]

[16]

Electronic Gaming Parlor

[32]

Entertainment and Spectator Sports

Limited

[13]

General

Financial, Insurance and Real Estate Services

[13]

Short-term Lender

P
[29]

Food and Beverage Retail Sales

Large Stores

[13]

Convenience Stores

P
[13]

Funeral and Interment Services

Cremating

[9]

[28]

Interring

[13]

Undertaking

(9)

[13]

Cemeteries

Gasoline and Fuel Sales

[13], [19]

[19]

Medical Services

Drug and Alcohol Treatment Center, Nonresidential

P[8]

All other Medical Services

[13]

Office, Administrative and Professional

[13]

Parking, Commercial

Personal Convenience Services

[13]

Personal Improvement Services

[13]

Rental Halls

Repair Services, Consumer

[13]

Retail Sales, General

[13]

Sexually-Oriented Business Establishment

[20]

Small Box Discount Store

[34]

Sports and Recreation, Participant

Indoor

Outdoor

Tobacco Shop

[13], [21]

[21]

Transient Habitation

Bed and Breakfast

[22]

[13]

Lodging

Rooming House

[9]

[9], [13]

Vehicle Sales and Service

Cleaning/Washing

[9], [17]

[9, 17]

Fleet Storage

Heavy Equipment Repairs

Light Equipment Repairs

Heavy Equipment Sales/Rental

Auto and RV Sales/Rental

Auto and RV Sales, used only

[23]

Storage of Towaway Vehicles

[24]

Storage of Recreational Vehicles

Vehicle Storage

Industrial Use Types

Explosive Storage

Freight Terminal

[26]

Industrial, General

Industrial, Intensive

Laundry Service

Manufacturing and Production, Limited

Manufacturing and Production, Technological

Scrap and Salvage Operations

[35]

Wholesale, Storage and Distribution

Mini-Warehouse

Light

Heavy

Other Use Types

Solar Energy Systems

Accessory

P
[33]

Primary

Urban Agriculture

Major Urban Agriculture

S
[31]

P
[31]

Minor Urban Agriculture

P
[31]

Marijuana Facility

Cultivator-

[30]

Dispensary

[30]

Processor

[30]

Testing Laboratory

[30]

Mining

Recycling Facilities

Large Collection Facilities

Small Collection Facilities

Processing Center

Wireless Telecommunications Facilities

Co-Located

[25]

Freestanding

S [25]

P [25]

S [25]

P [25]

S [25]

P [25]

Radio/TV Towers

S [25]

Table Notes

[1] Subject to standards of Section 1104.1900, Zero Lot Line Housing, Detached

[2] Subject to standards of Section 1104.0200, Attached House

[3] Subject to standards of Section 1104.0500, Cluster Housing

[4] Subject to standards of Section 1104.1300, Manufactured Housing Parks

[5] Subject to standards of Sec. 1106.0300 if more than one structure on a lot

[6] All dwelling units must be located above the ground floor of the building.

[7] Subject to standards of Section 1106.0600, Mixed Commercial-Residential District Additional Standards

[8] Subject to spacing standards of Section 1104.1000, Group Living and Day Care - Spacing

[9] Uses must have frontage on one or more major street

[10] Subject to standards of Section 1104.1100, Group Rental

[11] Subject to standards of Section 1104.1400, Marinas

[12] Subject to standards of Section 1104.0700, Day care

[13] Subject to standards of Section 1106.0500, Neighborhood Commercial District Maximum Floor Area

[14] Subject to standards of Section 1104.1200, Animal Shelters and Kennels

[15] No outdoor storage allowed

[16] Only when included as part of a structure which is used as a hotel, motel or office building

[17] Subject to standards of Section 1104.0800, Drive-through Facilities

[18] Subject to standards of Section 1104.0600, Convenience Stores (Repealed)

[19] Subject to standards of Section 1104.0900, Gasoline and Fuel Sales

[20] Subject to standards of Section 1104.1500, Sexually- oriented Business Establishment

[21] Subject to standards of Section 1104.1700, Tobacco Shops

[22] Subject to standards of Section 1104.0400, Bed and Breakfast

[23] Subject to standards of Section 1104.0300, Auto and RV Sales, Used Only

[24] Subject to standards of Section 1104.1600, Storage of Towaway Vehicles

[25] Subject to standards of Section 1104.1800, Wireless Facilities

[26] Subject to Sec. 1108.0203 (H) Outdoor Storage Screening when abutting residential zoning or uses

[27] Subject to standards of Section 1104.2000 Halfway Houses.

[28] Subject to standards of Sec. 1104.2100 Cremating. In the CR Regional Commercial district crematories may only operate as an accessory use to undertaking.

[29] Subject to standards of Section 1104.2200, Short-term Lender

[30] Subject to standards of Section 1104.2300, Marijuana Facilities

[31] Subject to standards of Sec. 1104.2400, Urban Agriculture

[32] Subject to standards of Sec. 1104.2500 , Electronic Gaming Parlor

[33] Subject to the standards of Sec 1105.0800 | Solar Energy Systems

[34] Subject to standards of Sec. 1104.2600 | Small Box Discount Stores

[35] Subject to the standards of Sec. 1104.2700 Scrap and Salvage Operations

(Ord. 26-07. Passed 1-2-07; Ord. 180-09. Passed 3-31-09; Ord. 670-10. Passed 12-21- 10; Ord. 402-11. Passed 8-23-11; Ord. 552-11. Passed 11-29-11; Ord. 276-13. Passed 5-28-13; Ord. 228-14. Passed 5-20-14; Ord. 325-14. Passed 7-29-14; Ord. 230-15. Passed 4-28-15; Ord. 401-16. Passed 10-25-16; Ord. 191-17. Passed 5-2-17; Ord. 359-17. Passed 8-22-17; Ord. 158-18. Passed 4-24-18; Ord. 353-18. Passed 8-28-18; Ord. 14-20/38-21. Passed 1-19-21; Ord. 147-22. Passed 4-26-22; Ord. 21-24. Passed 1-17-24; Ord. 23-24. Passed 1-17-24; Ord. 532-24. Passed 11-6-24; Ord. 640-24. Passed 12-18- 24; Ord. 226-25. Passed 6-3-25; Ord. 285-25. Passed 6-17-25; Ord. 343-25. Passed 7-15- 25; Ord. 418-25. Passed 9-9-25.)

1104.0301 Location.

A 50-foot separation measured along the street frontage between any open display sales lot and a Residential district boundary line shall be maintained. This separation shall apply to both sides of a street and to intersecting streets on corner lots.

(Ord. 502-13. Passed 11-26-13.)

1104.0302 Outdoor Display Areas.

A. Elevated displays, lifts or metal structures used in conjunction with the display of motor vehicles shall be permitted only within those areas specifically designated upon the site plan and shall not be allowed in any required front yard.

B. Incorporate curbs or other substantial permanent barriers to prevent encroachment of the vehicles into the required setback and landscape areas.

C. Wheel stop must be provided when outdoor display areas abut public right-of-way, ensuring that display vehicles do not overhang directly on sidewalks.

(Ord. 502-13. Passed 11-26-13.)

1104.0303 Vehicle Quality.

All used motor vehicles parked or displayed outdoors shall conform to Chapter 337, Safety and Equipment, of the Traffic Code and shall be operable.

(Ord. 502-13. Passed 11-26-13.)

1104.0304 Repairs.

Repairs and service of inoperable auto and RV motor vehicles shall be conducted wholly within an enclosed structure permanently located on the lot.

(Ord. 502-13. Passed 11-26-13.)

1104.0305 Fencing.

See Sec. 1105.0302 for fencing requirements of customer display areas and Sec. 1108.0203H for outdoor storage screening requirements.

(Ord. 502-13. Passed 11-26-13.)

1104.0306 Lot Size.

A. The minimum lot size shall be no less than one-half (1/2) acre.

B. Each lot shall have a minimum average width of 150 feet along the main road frontage. Lot Width shall be measured as outlined in Sec. 1106.0204.

(Ord. 502-13. Passed 11-26-13.)

1104.0307 Accessory Uses.

Used automobile and recreational vehicle sales shall not be permitted on sites containing another primary use.

(Ord. 502-13. Passed 11-26-13.)

1104.0308 Site Plan.

Site plans for used automobile and recreational vehicle sales shall delineate, with dimensions, parking areas and drive aisles for the outdoor display area and customer/employee parking area. Used vehicle inventory shall only be displayed, parked or located within areas approved and defined. Required customer/employee parking may not be used for used vehicle inventory.

(Ord. 502-13. Passed 11-26-13.)

1104.0309 Structures.

A permanent structure with a minimum floor area of 200 square feet, meeting the building design standards of Sec.1109.0500, shall be provided on site.

(Ord. 502-13. Passed 11-26-13.)

1104.0401 Employees.

A Bed and Breakfast use may have one employee for the lodging activity, such as food preparation or cleaning.

(Ord. 170-04. Passed 3-23-04.)

1104.0402 Maximum Size.

A Bed and Breakfast use may not exceed four bedrooms for guests or a maximum of six guests per night.

(Ord. 170-04. Passed 3-23-04.)

1104.0403 Length of Stay.

Guests shall be limited to a maximum stay of 30 days.

(Ord. 170-04. Passed 3-23-04.)

1104.0501 Generally.

A. Under the Cluster Housing option, a subdivision can contain no more lots than would otherwise be allowed for a conventional subdivision in the same zoning district, but the individual lots within the development can be smaller than required in a conventional subdivision. Smaller lot sizes within a Cluster Housing development are required to be offset by a corresponding increase in Common Open Space.

B. Cluster Housing developments require that planning for lots and the locations of houses on the lots be done at the same time. Because the allowable building envelope of each house is predetermined, greater flexibility in development standards is possible while assuring that the residential character of the zoning district is maintained.

(Ord. 170-04. Passed 3-23-04.)

1104.0502 Housing Types.

The dwelling types permitted in the applicable zoning district may be included in a Cluster Housing development. The proposed building envelope for all dwellings must be shown on the subdivision plat with enough detail so that compliance with required density and dimensional standards can be determined.

(Ord. 170-04. Passed 3-23-04.)

1104.0503 Lot Size.

The minimum lot size required for Cluster Housing developments shall be no less than 25 percent of the lot area required for a conventional lot. Lot sizes must be adequate to meet all applicable standards of this Zoning Code.

(Ord. 170-04. Passed 3-23-04.)

1104.0504 Density.

The overall Cluster Housing development may not exceed the maximum density of the applicable zoning district. Site design and other constraints may work to limit maximum density more than the stated maximums. There shall be no right of approval of maximum density.

(Ord. 170-04. Passed 3-23-04.)

1104.0505 Density Example.

A 47.30 gross site area has 0.62 acres in existing right-of-way resulting in a developable parcel of 46.68 acres including flood hazard areas. The parcel is located in the RS9 Single-Dwelling Residential district, which has a maximum density of four units per acre for Cluster Housing per the Residential District Table in Section 1106.0101. The project site could contain 187 units

(46.68 x 4 = 186.72 or 187 units) on 187 lots.

(Ord. 170-04. Passed 3-23-04.)

1104.0506 Setbacks.

A. A setback equal to the minimum front setback of the zoning district must be provided along the entire perimeter of the Cluster Housing development that is adjacent to any street or place.

B. A setback equal to the minimum rear setback of the zoning district must be provided along the entire perimeter of the Cluster Housing development that is not adjacent to any street or place.

C. Within the Cluster Housing development, the distance between dwelling buildings must be at least 10 feet.

(Ord. 170-04. Passed 3-23-04.)

1104.0507 Common Open Space.

A. Common Open Space must be provided in an amount equal to at least the difference between the:

1. Actual, average lot area per dwelling unit within the Cluster Housing development; and

2. Required lot area per dwelling unit for conventional development within the zoning district.

B. The common open space required by this section must be set aside as part of, or at the time of each phase of development. The common open space set aside for each phase must be proportionate to the overall level of development that will occur as part of each phase.

C. The landowner must establish an agency for the ownership of the common open space where such areas are to be retained in private ownership. The agency shall be set up so that individual lot owners will own a proportional share of the common open space. The document establishing ownership must be approved as to form and execution by the Law Department before the Lucas County Recorder may record it.

(Ord. 170-04. Passed 3-23-04.)

1104.0508 Maintenance.

A. An enforceable maintenance agreement for any commonly owned areas, including but not limited to places and Common Open Space, must be created and recorded by the Lucas County Recorder. The agreement must be approved as to form and execution by the Law Department before it may be recorded.

B. 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 Cluster Housing development fail to fulfill any other obligation imposed on such agency as a condition of approval of the Cluster Housing development, the City may serve written notice upon such agency or upon the residents and owners of the Cluster Housing 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 Cluster Housing 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 Cluster Housing development and shall become a tax lien on the properties.

(Ord. 170-04. Passed 3-23-04.)

1104.0701 Type A Family Day Care Home.

A. Applicability

In residential zoning districts, the owner or lessee of the subject dwelling shall be both the licensee and the administrator of the Type A Home. Each licensee/administrator is limited to one (1) Type A Family Day Care facility in the City of Toledo. The Type A Home licensee/administrator shall be an individual person and resident domiciliary of the subject home.

B. Application Materials

A copy of the site plan and descriptive plan of operation as submitted to the Ohio Director of Job and Family Services as part of the license application must be included in the application for a Special Use permit or Site Plan Review. A copy of the applicant's deed or lease shall be provided with the site plan review application.

C. Location

In residential zoning districts, a Type A Family Day Care must have building frontage on a major street.

D. Indoor Space

35 square feet of useable indoor space per person in care must be regularly available for the day care operation.

E. Outdoor Space

60 square feet of useable outdoor space must be provided for each person in care using the outdoor area at any one time. A Type B landscape buffer shall be provided around the outdoor space. (See Sec. 1108.0203F).

F. Drop-off/Pick-up Area

A paved area for dropping off and picking up persons in care at the facility must be provided with the approval of the Division of Transportation.

G. Spacing

Subject to the spacing standards of Sec. 1104.1000.

(Ord. 684-08. Passed 11-5-08.)

1104.0702 Type B Family Day Care Home.

Type B Family Day Care facilities for one to six children or adults are considered a residential use and permitted in all residential districts, with no zoning permit required when the licensee or administrator of the facility resides in the home. See Revised Code Section 5104.05.4 on the zoning status of Type B Family Day Care homes.

(Ord. 170-04. Passed 3-23-04.)

1104.0703 Day Care Center.

Day Care Centers are subject to the Site Plan Review provisions of Section 1111.0800 where permitted by right, and are subject to the following requirements:

A. Application Materials. A copy of the site plan and descriptive plan of operation as submitted to the Ohio Director of Job and Family Services as part of the license application must be included in the application for a Special Use permit or Site Plan Review.

B. Location. A Day Care Center must have building frontage on a major street.

C. Places of Religious Assembly and Schools. A Day Care Center may be an accessory use when associated with a place of religious assembly or school and established in an existing building occupied by the principal use. Such a Day Care Center does not require a Special Use permit or Site Plan Review.

(Ord. 670-10. Passed 12-21-10.)

D. Indoor Space. 35 square feet of useable indoor space per person in care must be regularly available to the Day Care Center.

E. Outdoor Space. 60 square feet of useable outdoor space must be provided for each person in care using the outdoor area at any one time. A Type B landscape buffer shall be provided around the outdoor space. (See Section 1108.0203F.)

F. Drop-off/Pick-up Area. A paved off-street area for dropping off and picking up persons in care at the facility must be provided and approved by the Division of Transportation.

(Ord. 170-04. Passed 3-23-04.)

1104.0801 Hours of Operation.

The hours of operation of a drive-through facility may be made limited to 5:30 a.m. to 1:00 a.m., or other hours consistent with a liquor permit issued by the State of Ohio, as a condition of a development approval. Particular attention will be given to drive-through facilities located adjacent to any residential district, school, place of religious assembly, park or playground.

(Ord. 170-04. Passed 3-23-04.)

1104.0802 Location.

Suitability of location with respect to land use patterns and traffic. Some uses with drive-through facilities require frontage on a major street, see Section 1104.0100, Use Table.

(Ord. 170-04. Passed 3-23-04.)

1104.0803 Vehicle Stacking.

Minimum off-street stacking spaces in accordance with Section 1107.1600.

(Ord. 170-04. Passed 3-23-04.)

1104.0901 Review Items.

The following items shall be among those considered with respect to the particular location and the present and future development of the area, including traffic flow and safety:

A. Location and orientation of all structures.

B. Location, number and size of curb cuts.

C. Sign size, location and type.

D. Intensity, location, and screening of outside lighting, including canopies, especially when abutting a residential district. Flat lens lighting shall be used.

E. Design of structures and architectural compatibility with existing and future development of the area shall be in accordance with Sec. 1109.0200.

F. Relationship of the facility's development and internal circulation to adjoining commercial, such as cross access provisions, which shall be encouraged whenever appropriate, and the provision of convenient services to the public.

G. Type and location of business activity, inside and outside.

H. Hours of operation may be limited to 5:30 a.m. to 1 a.m., or other hours consistent with a liquor permit issued by the State of Ohio, to reduce detriment to the area.

(Ord. 170-04. Passed 3-23-04; Ord. 198-11. Passed 4-19-11.)

1104.0902 Location.

A. Gasoline and Fuel Sales facilities in the CN district shall be located on a major street.

B. New Gasoline and Fuel Sales facilities that are proposed within a CR district and which are within 200 feet of a major street intersection as identified on the Street and Highway Plan with lot frontage on each street shall be presumed to be at a proper location but shall be subject to review with respect to such development and other standards as are applicable under the Zoning Code.

C. Pumps and pump islands shall not be located in the front yard within 50 feet of a Residential district.

(Ord. 170-04. Passed 3-23-04.)

1104.1101 Intent.

This section is intended to reasonably regulate detached houses and duplexes in group rental housing situations. The City finds that occupancy limits are needed to control negative impact such as traffic congestion, off and on street parking congestion, noise and litter which are inimical to the health and safety of residents, particularly children. Such regulation is also needed to preserve property values and the characteristics of family values, quiet seclusion and clean air of such neighborhoods.

(Ord. 170-04. Passed 3-23-04.)

1104.1102 Maximum Number of Occupants.

A. In the RS, RD and RM Residential districts detached houses or a dwelling unit in a duplex may not be rented to more than three individuals who do not constitute a household by virtue of being a family or the functional equivalent of a family. See Section 1115.0900, Determination of Status as Household.

B. In Commercial districts detached houses or a dwelling unit in a duplex the allowed density of the underlying district shall determine the maximum number of individuals in a group rental situation. In determining density, each individual sleeping quarter will be considered the equivalent of a dwelling unit.

(Ord. 170-04. Passed 3-23-04.)

1104.1103 Major Street Frontage.

Within the RS, RD and RM Residential Districts a group rental must have frontage on a major street.

(Ord. 170-04. Passed 3-23-04.)

1104.1104 Housing Code Compliance.

Compliance with Section 1745.14, "Density and Space Requirements" of the Housing Code.

(Ord. 170-04. Passed 3-23-04.)

1104.1105 Neighborhood Character.

Any proposed group rental house, which does not meet the above standards, shall be presumed to be detrimental to the character and development of the neighborhood.

(Ord. 170-04. Passed 3-23-04.)

1104.1201 Setbacks.

In the event an animal shelter or kennel has a dog run or exercise area, said run or exercise area shall be set back no less than 200 feet from any residential district or residential use.

(Ord. 180-09. Passed 3-31-09; Ord. 640-24. Passed 12-18-24.)

1104.1202 Noise.

An animal shelter or kennel shall prevent the animals in its care from disturbing the comfort of any person in the vicinity by frequent or long-continued barking, howling or other noise. Dogs may only be exercised outdoors during the hours of operation. In determining whether a particular sequence of noises is excessive, other relevant factors in addition to frequency and duration shall be considered, including but not limited to time of day, general noise level of the area and proximity to residential units.

(Ord. 180-09. Passed 3-31-09.)

1104.1203 Waste and odor.

An animal shelter or kennel shall remove animal waste from outdoor areas on a daily basis. All animal waste shall be bagged, tied securely and deposited in a fully enclosed dumpster, trashcan or other sealed containment system. All dumpsters, trashcans or other containment systems shall be emptied on a regular basis, but no less than weekly. All trash receptacles must be securely sealed at all times.

(Ord. 180-09. Passed 3-31-09.)

1104.1204 Security of outdoor facilities.

An animal shelter or kennel shall install and maintain a privacy fence, no less than seven (7) feet high around all dog runs. An animal shelter or kennel shall install and maintain appropriate fencing around any exercise areas, which is adequate and appropriate to securely contain any animal placed within the area. All outdoor facilities shall be adequately screened from residentially zoned properties through the use of landscaping and/or solid opaque fencing or walls.

(Ord. 180-09. Passed 3-31-09.)

1104.1301 Plats.

No permits or approvals will be issued for manufactured housing parks that are not platted. Unplatted manufactured housing parks must be platted as a single lot plat.

(Ord. 170-04. Passed 3-23-04.)

1104.1302 Street Access.

Manufactured housing parks must have direct access to and be located on a principal arterial, minor arterial, or major collector street, as defined in the Street and Highway Plan.

(Ord. 170-04. Passed 3-23-04.)

1104.1303 Park Area and Size Standards.

A. RMH Districts that are established solely for the development of a single owner manufactured housing park must have a minimum area of 5 acres, with a minimum width of 60 feet on those portions of the site used for general vehicular entrances and exits.

B. At least 25 manufactured housing lots must be completed and ready for occupancy before the first occupancy is permitted.

C. Manufactured housing parks must be developed on a single parcel except where the site is divided by public streets or alleys.

D. The above limitations do not apply to expansions of existing manufactured housing parks.

(Ord. 170-04. Passed 3-23-04.)

1104.1304 Accessory Uses.

The following are allowed as accessory uses in manufactured housing parks:

A. Parks, playgrounds, community buildings and noncommercial recreational facilities such as golf courses, shuffleboard courts, swimming pools, tennis courts and the like.

B. Structures and uses required for operation of a public utility, performance of a governmental function, or performance of any function necessary for the construction, operation, or maintenance of manufactured housing parks.

(Ord. 170-04. Passed 3-23-04.)

1104.1305 Prohibited Uses.

A. Recreational vehicles may not be occupied as living quarters.

B. Sales lots are not permitted, but manufactured housing units for re-sale on lots within the park may be sold.

(Ord. 170-04. Passed 3-23-04.)

1104.1306 Required Outdoor Living Area.

In manufactured housing parks, an outdoor living area containing not less than 480 square feet must be provided on each lot. Such outdoor living area must be properly drained and located for convenience and optimum use and may not include required setbacks or parking areas.

(Ord. 170-04. Passed 3-23-04.)

1104.1307 Storm Shelter.

A manufactured housing park must provide one or more storm shelters, with 15 square feet of floor space for each lot. An existing building that complies with these provisions may serve as a storm shelter. A storm shelter must:

A. Be a building complying with Part 13, Building Code, and with the Association Standard for the Design, Construction, and Performance of Storm Shelters produced by the National Storm Shelter Association;

B. Be clearly marked with a sign at or near its entrance; and

C. Be accessible at all times, either by being kept unlocked or by a person with access being present at the manufactured housing park at all times.

(Ord. 170-04. Passed 3-23-04.)

1104.1308 Parking.

In manufactured housing parks, at least one of the required residential parking spaces must be located on the lot occupied by the manufactured housing unit served, but not in the front setback. Additional required spaces may be located within a common parking area provided within the manufactured housing park. The "off-street" requirement will be construed to be met if the parking within the common parking areas is so arranged that there is no vehicle maneuvering incidental to such parking on travel lanes of streets or places.

(Ord. 170-04. Passed 3-23-04.)

1104.1309 Common Recreational Facilities.

Common recreational area within a manufactured housing park must be provided at the rate of not less than 1/2 acre per 50 manufactured housing units, and no less than 1 acre in the development for fewer than 100 manufactured housing units.

A. Roadways, bikeways and parking, easement or setback areas may not be included in the recreational space computations.

B. Recreational areas must be located to serve best the recreational needs of the residents of the development.

C. The space allocated for recreational use must be contiguous, unless the applicant demonstrates to the satisfaction of the Plan Commission that two or more separate areas would be preferable.

D. The recreational area or areas must be closed to automotive traffic except for maintenance and service vehicles, and must be improved and maintained for the use intended.

(Ord. 170-04. Passed 3-23-04.)

1104.1310 Site Plan Review.

Manufactured housing parks are subject to the Major Site Plan Review procedures of Section 1111.0800. General site planning for manufactured housing parks must be carried out in accordance with Chapter 3701-27 of the Ohio Administrative Code.

(Ord. 170-04. Passed 3-23-04.)

1104.1311 Management.

Each manufactured housing park must be managed by an operator licensed in accordance with Chapter 3701-27 of the Ohio Administrative Code. The operator must establish rules governing the operation and maintenance of the manufactured housing park and assume responsibility for enforcement of those rules. These rules must be conspicuously posted or provided to each occupant as they initially enter the park.

(Ord. 170-04. Passed 3-23-04.)

1104.1401 Exception.

The requirements of this section do not apply to the mooring, berthing, or securing of recreational boats where:

A. It is exclusively an accessory use to a residential use; and

B. The number of boat berths does not exceed two per dwelling unit, to a maximum of six per parcel.

(Ord. 170-04. Passed 3-23-04.)

1104.1402 Allowed Uses.

Uses are allowed in accordance with the underlying zoning district and may include the following:

A. Wet storage and temporary docking of seaworthy watercraft at piers, pilings, buoys and other such facilities.

B. Fuel and supply facilities.

C. Launching ramps and hoists for the launching and removal of watercraft.

D. Dry storage of seaworthy watercraft and outside storage of licensed watercraft trailers, not to intrude into parking spaces required for the seasonal activities currently functioning at the marina.

E. Maintenance and simple repairs of watercraft, of a type that normally can be done while the vessel is in the water and simple repairs done on the land, including scraping, sanding, painting and emergency repairs to watercraft. Boats may be repaired in outside storage areas only between the hours of 8:00 a.m. and 8:00 p.m.

F. Restaurants, restaurants with bar facilities, snack and vending machines.

G. Swimming pools, tennis courts, and other recreational facilities.

H. Clubhouse facilities, including office and administration facilities necessary for operating the marina, and/or a residential dwelling, limited to occupancy by one household, for the sole purpose of custodial, managerial, or operational aspects of the uses permitted by this provision.

I. Signs, in accordance with the provisions of Part 13, Title 9 of the Building Code.

J. Off-street parking, in accordance with Chapter 1107.

(Ord. 170-04. Passed 3-23-04.)

1104.1403 Lot Size.

A. The minimum lot size shall be 1 acre.

B. Each lot shall have a minimum width at the shoreline of 130 feet, measured along the straight line drawn from one waterfront corner of the lot to the other waterfront corner of the lot, to allow for a dock and water access aisles.

(Ord. 170-04. Passed 3-23-04)

1104.1404 Marina Basin.

The extent of the marina basin shall be determined as follows.

A. The direction of side lot line extension channelward from the shoreline must be determined by the Plan Commission, and must follow the course of a line extended:

1. Perpendicular to the shoreline of the subject property at the intersection of the side lot line with the shoreline; or

2. Perpendicular to the centerline of body of water; or

3. Along a line extending the course of the side lot line which intersects with the shoreline; or

4. Along a line connecting the point of intersection between the side lot line and the shoreline with the center of cove; or

5. Along a line which is generally parallel to existing piers located on adjacent properties.

B. The length of each side lot line extension is limited as follows:

1. One-half the distance from the shoreline to the centerline of the river, not to exceed 500 feet or go beyond a channel line; or

2. One-half the distance from the shoreline to the centerpoint of a cove.

C. Water at the sides and channel edges of a marina basin shall remain open as follows:

1. Along the side lot line extensions, a minimum of 25 feet shall remain free of piers, pilings, slips, buoys, and the edge of the arc of swing therefrom, to provide navigation access between open waters and docks; and

2. Along the channelward edge, a setback of 50 feet shall be maintained between the harbor line, channel line, or docking limit and all piers, pilings, slips, buoys, and the edge of the arc of swing therefrom. This area shall serve as an area outside of the navigation channel for returning boats to wait their turn for access to docking space.

(Ord. 170-04. Passed 3-23-04.)

1104.1405 Access and Parking.

A. Lots used for marinas shall border a paved street for a minimum of 50 feet.

B. All roadways and required parking areas shall be improved with a concrete, bituminous or similar impervious and dustless surface and shall be graded to drain all surface water within the parking area.

C. Areas used solely for boat storage shall be graded and covered with a low dust-producing surface and treated as necessary to prevent dust.

1. Interior roadways shall remain unobstructed at all times, and shall be well maintained to serve as fire lanes.

(Ord. 170-04. Passed 3-23-04.)

1104.1406 Watercraft Repair and Maintenance Areas.

All outside areas, including dry storage areas, used for any type of repair or maintenance of watercraft, including scraping, sanding, painting and fiberglass repairs, shall be set back at least 100 feet from all Residential districts and screened in accordance with Section 1108.0203. All discharge of fiberglass residue, oil, gasoline or any other wastes shall be collected at the site and removed to an appropriate disposal facility.

(Ord. 170-04. Passed 3-23-04.)

1104.1407 Lighting.

Site illumination shall be limited to walkways, steps, parking areas, piers, docking facilities, and dry storage areas. All lighting shall be shielded to prevent glare observable from any residence or from the water, and shall not cause reflections on the water surface that will constitute a hazard to navigation.

(Ord. 170-04. Passed 3-23-04.)

1104.1408 Sanitary Facilities.

Any marina facility providing dockage for more than seven boats shall conform with requirements for sanitary facilities as stipulated in Revised Code Sections 3733.21 through 3733.30, and Chapter 3701-35 of the Ohio Administrative Code. Connection with the public sanitary sewer line shall be provided, subject to the approval of the Department of Engineering Services.

(Ord. 170-04. Passed 3-23-04.)

1104.1409 Additional Approvals.

Additional applications and reviews may be necessary as a part of the City permit process. Specifically, the Department of Public Services, Division of Streets, Bridges, and Harbor, the Department of Fire and Rescue Operations and the Division of Building Inspection.

(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)

1104.1501 Location and Spacing.

A sexually-oriented business establishment shall not be located within:

A. 500 feet of any residential district, school (K-12), religious institution, public park, public playground, public library, pre-school, child day care, or other use established specifically for the activities of minors; and

B. 1,000 feet of another existing sexually-oriented business establishment.

C. For the purposes of this section, the measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually-oriented business establishment is conducted, to the nearest property line of the premises of a residential district, school (K-12), religious institution, public park, public playground, public library, pre-school, child day care, or other use established specifically for the activities of minors. The distance between any two sexually-oriented businesses establishments shall be measured in a straight line, without regard to any intervening structures or objects, from the closest exterior wall of the structure in which each business establishment is located. For leased spaces in multi-tenant properties, the measurements shall be from the outer boundaries of the leased space (projected to ground level, if applicable); for leased space in single-tenant properties, the measurements shall be from the property lines.

(Ord. 170-04. Passed 3-23-04.)

1104.1502 Massage Parlors Prohibited.

A massage parlor, as defined in Section 1116.0100, is not a permitted use in any zoning district in the City of Toledo.

(Ord. 170-04. Passed 3-23-04.)

1104.1503 Non-Conforming Status.

A sexually-oriented business establishment granted a permit in conformance with this section shall not become non-conforming because a residential district, school, religious institution, public park, public playground, public library, pre-school, child day care, or other use is subsequently established within 500 feet of it or because the City of Toledo or another jurisdiction changes the zoning designation of property within 500 feet of it to one of the protected zoning districts.

(Ord. 170-04. Passed 3-23-04.)

1104.1601 Location.

Storage of towaway vehicles must be 500 feet from any Residential district and be located on a major street.

(Ord. 170-04. Passed 3-23-04.)

1104.1602 Outdoor Storage.

Any space for the storage of vehicles outdoors must be shielded by a fence between 6 and 10 feet tall that shields the premises from ordinary view on all sides and protected by a guardrail or other barriers approved by the Planning Director. All inventory of the business must be stored behind the fence.

(Ord. 170-04. Passed 3-23-04.)

1104.1603 Landscaping.

A Type A landscape buffer shall be provided as required by the Planning Director. (See Section 1108.0203E.)

1104.1701 Location.

A. A Tobacco Shop shall not be located within 1,000 feet of any of the following uses: school, public park, public library, child day care center, or other use established specifically for the activities of minors.

B. A Tobacco Shop shall not locate within 2,000 feet of any other existing tobacco shop.

(Ord. 170-04. Passed 3-23-04; Ord. 343-25. Passed 7-15-25.)

1104.1702 Hours of Operation.

The hours of operation of a tobacco shop may be limited to 5:30 a.m. to 1:00 a.m., or other hours consistent with a liquor permit issued by the State of Ohio, as a condition of development approval. Particular attention will be given to tobacco shops located adjacent to any residential district.

(Ord. 170-04. Passed 3-23-04; Ord. 343-25. Passed 7-15-25.)

1104.1703 Exceptions.

Section 1104.1700 through 1104.1701 shall not apply to the locations of current legal tobacco shops operating prior to the passage of this section, but no tobacco shop may move to a different location except as provided in Sections 1104.1700 through 1104.1701.

(Ord. 343-25. Passed 7-15-25.)

1104.1801 All Wireless Facilities.

A. With the exception of necessary electric and telephone service and connection lines approved by the City, no part of any Wireless Facility tower or antenna, nor any lines, cable, equipment, wires or braces connecting to a tower or antenna, shall at any time extend across or over any part of the right-of-way.

B. Construction of or a change to a main or accessory structure on a Wireless Facility site when not involving a change to a wireless facility need not be reviewed as a Special Use amendment but shall comply with all applicable zoning district standards.

C. Wireless Facilities shall be designed to reasonably blend into the surrounding environment through the use of neutral colors (such as gray), screening, landscaping and architecture, unless the Federal Aviation Administration, or other Federal or State authorities, require otherwise. Any Wireless Facility sited on the ground, as opposed to being attached to a structure, shall:

1. Be subject to setback requirements, have an 8 foot high privacy fence or wall, as measured from the finished grade of the site, constructed around the perimeter of the Wireless Facility; and

2. Be landscaped in accordance with the screening requirements of Section 1108.0203. For purposes of said section, a Wireless Facility shall be deemed an Industrial use regardless of the zoning district in which the facility is located.

D. No commercial advertising shall be allowed on a tower or antenna, except for antennas attached to an existing and approved sign. Towers may have safety or warning signs in appropriate places.

E. No signals, lights or other illumination shall be permitted, unless required by FAA regulation, other Federal or State law, or otherwise authorized below.

1. Light fixtures may be attached to a tower or antenna if it is part of the design incorporated into the structure to be used for the illumination of parks, athletic fields, parking lots, streets, or other similar areas.

2. Lighting of accessory structures for security purposes is permissible but shall be so arranged so as to direct and reflect light away from any adjacent residential property or public way.

3. When lighting of a tower is required, it shall be placed on the tower and designed in such a way as to minimize glare on adjacent residential properties.

F. Mobile or immobile equipment not used in direct support of a Wireless Facility shall not be stored or parked on the site, unless repairs to the facility are being made.

(Ord. 170-04. Passed 3-23-04.)

1104.1802 Co-Location on Existing Wireless Facility.

Installation of an antenna on any existing Wireless Facility is a Permitted Use.

(Ord. 170-04. Passed 3-23-04.)

1104.1803 Co-Location By Attachment to Existing Structure.

A. This subsection addresses the installation of a tower or antenna on an existing structure, other than a Wireless Facility tower, including but not limited to buildings, light poles, water towers, commercial signs, church steeples, and any other freestanding structures.

B. Such Wireless Facilities, including associated equipment and accessory structures, shall be subject to the Minor Site Plan Review procedures of Section 1111.0800 and the following minimum standards:

1. The site plan/area map included in the application shall contain a drawing and a description of the proposed Facility including, but not limited to, colors and screening methods.

2. Such Wireless Facilities may not be located in a designated Historic District unless approved by the respective Historic District Commission.

3. The addition of a Wireless Facility to an existing structure shall not cause the height of said structure to increase by more than 20 percent.

4. Wireless facilities erected upon, or attached to, existing structures shall not be subject to standard setback requirements.

(Ord. 170-04. Passed 3-23-04.)

1104.1804 Freestanding Wireless Facilities.

A. Freestanding wireless facilities are subject to Minor Site Plan Review procedures of Section 1111.0800 where permitted by right.

B. An affidavit of intent committing the site owner, his successors and assigns and the operator and his successors and assigns to allow the shared use of the tower and to offer a potential additional user reasonable terms and conditions for colocation. Failure to follow through with this commitment constitutes a violation of this Zoning Code and may result in revocation of the permit associated with the site.

C. Freestanding wireless facilities are subject to the following standards:

1. The Wireless Facility shall be setback from the property line in all directions a distance at least equal to the height of the tower or 100 feet, whichever is greater, if the site is in or abuts a Residential district or Household Living or Group Living uses.

2. A Freestanding Wireless Facility may not be located in a designated Historic District unless approved by the respective Historic District Commission.

3. The tower shall be designed, and shall have the capacity in all respects, to accommodate both the applicant's antenna and at least two comparable antennas if the tower is over 120 feet in height or at least one comparable antenna if the tower is over 70 feet in height but less than 120 feet in height. Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

4. Towers shall be of a monopole design, and guyed or lattice towers are prohibited.

5. Towers shall be constructed of galvanized metal.

6. Towers shall be constructed so that if a failure does occur, the tower will collapse into itself and will not fall onto structures near the site.

7. No tower shall have a platform, catwalk, crow's nest or like structure around it, or attached to it, except while under construction or repair.

(Ord. 170-04. Passed 3-23-04.)

1104.1805 Radio/TV Wireless Facilities.

Radio/TV Wireless Facilities are subject to the following standards:

A. A Radio/TV Wireless Facility may not be located in a designated Historic District unless approved by the respective Historic District Commission.

B. The Facility shall be setback from the property line in all directions a distance equal to the height of the tower or antenna or 100 feet, whichever is greater, if the Facility abuts a Residential District or Household Living or Group Living uses.

C. The tower or antenna shall be constructed so that if a failure does occur, it will collapse into itself and will not fall onto structures near the site.

(Ord. 170-04. Passed 3-23-04.)

1104.1806 Inspections.

All Wireless Facilities may be inspected at any time by the City in order to determine compliance with original construction standards. Deviation from the original construction for which a permit is obtained constitutes a violation of this Zoning Code.

(Ord. 170-04. Passed 3-23-04.)

1104.1807 Abandoned or Unused Facilities.

All abandoned or unused Wireless Facilities shall be removed by the operator within 6 months of the cessation of use unless ownership and use thereof has been transferred to another person. A Wireless Facility shall be considered abandoned if use has been discontinued for 180 consecutive days. The Planning Director may extend this time period or waive this requirement if it is shown by the operator that the Wireless Facility has not been abandoned.

(Ord. 170-04. Passed 3-23-04.)

1104.1808 Transfer of Use.

Approved Wireless Facilities may be transferred to successors and assigns of the approved party, subject to all of the conditions that apply to initial approval.

(Ord. 170-04. Passed 3-23-04.)

1104.1901 Approval Procedure.

Review for compliance with the standards of this section will occur during the subdivision platting process, if platting is required. If platting is not required or has already occurred, the zero lot line development will be subject to Minor Site Plan Review in accordance with Section 1111.0800.

(Ord. 170-04. Passed 3-23-04.)

1104.1902 Restrictions.

Restrictions that ensure the minimum distance between houses must be submitted with the building permit application.

(Ord. 170-04. Passed 3-23-04.)

1104.1903 Standards.

A. The side setback on one side of the house may be reduced to zero. Front setbacks and side setbacks adjacent to lots that are not part of the zero lot line project may not be reduced.

B. The minimum distance between all houses in the project must be equal to twice the required side setback required by the underlying zoning district. A deed restriction must be recorded on the deed of each lot to ensure continued compliance with this setback. (See Section 1104.1902, above.)

C. Eaves and other minor building projections on the side of a house with a reduced setback may project a maximum of 18 inches over the adjacent property line if they are located at least 9 feet above the ground. In this case, an easement for the projection must be recorded on the deed of the lot where the projection occurs. (See Section 1104.1902.)

D. An easement between the two property owners to allow for maintenance or repair of the house is required when the eaves or side wall of the house are within 3 feet of the adjacent property line. The easement on the adjacent property must provide at least 5 feet of unobstructed space between the furthermost projection of the structure (including the eave) and the edge of the easement.

E. If the side wall of the house is on the property line, or within 3 feet of the property line, windows or other openings that allow for visibility into the side yard of the adjacent lot are not allowed. Windows that do not allow visibility into the side yard of the adjacent lot, such as a clerestory window or a translucent window, are allowed.

F. See Section 1104.0200 for attached house development standards when a dwelling unit is on its own lot and common walls are shared.

(Ord. 170-04. Passed 3-23-04.)

1104.2001 Detailed Application.

A special use permit application for a halfway house shall include the following information, in addition to all other required application materials.

A. The name of the agency providing or expected to provide funding / licensing to the operator; the term of such funding / licensing; and the expiration date thereof.

B. A statement demonstrating the need for the new or expanded facility.

C. Contact information for the operator.

D. Addresses of all similar facilities currently or previously operated by the proposed operator and the licensing agency.

E. The proposed design capacity of the facility in terms of the number of residents and staff on the largest shift.

F. Written policies of the operator governing admission to residence in the facility, as well as rules for residents, including storage and taking of medication, and policies on drug or alcohol use.

G. Client groups to be served by type, age, range, level of functioning or rehabilitation, nature of past institutionalization or incarceration, present status in treatment and in the correctional system (e.g., with respect to transitional control, parole or probation status).

H. Description of supervision and security arrangements, and a description of arrangements for maintenance of the facility and the grounds.

I. Description of services to be provided to residents in on-site and off-site locations.

J. Plans and descriptions of all exterior and interior building alterations proposed to accommodate the facility.

K. A statement of the operator's policy on keeping of vehicles by residents and estimated vehicle demand by residents of the facility.

L. Any other information deemed necessary by the Planning Director to determine compliance with the provisions of this section and other applicable provisions of these Codified Ordinances.

(Ord. 552-11. Passed 11-29-11.)

1104.2002 Density Requirements.

Halfway houses are limited to 1.2 residents per 1,000 square feet of lot area.

(Ord. 552-11. Passed 11-29-11.)

1104.2003 Public Meeting.

A public meeting with the surrounding community of the proposed facility shall be held before any official hearings regarding the special use permit. The proposed operator shall answer questions by residents and discuss the need for the facility, the operator's record in managing similar facilities, the size of the proposed facility, the policies and procedures of operation, and demonstrate the steps taken to make the facility secure, including staffing policies and contact information.

The public meeting shall be held in accordance with the provisions of Sec. 1111.0202, 1111.0203, and 1111.0204.

(Ord. 552-11. Passed 11-29-11.)

1104.2004 Review Criteria.

The following items shall be considered as part of a special use permit for a halfway house. The items listed below are in addition to general review criteria found in Sec. 1111.0706.

A. Demonstration by the proposed operator of the need for a new or expanded facility within the community.

B. The record of the proposed operator in managing similar facilities.

C. The size of the proposed facility, the level of concentration of a correctional system population in the immediate vicinity, and its proximity to residential uses.

D. Confidence in the proposed operator's ability to maintain a facility with minimum impact on the surrounding community, including;

1. Policies, procedures, and rules regarding the operation of the facility;

2. A security plan, including staffing policies, to appropriately monitor and control residents of the facility.

E. Proximity to bus routes or other public transportation services.

F. Willingness of operator to maintain open communication with the community regarding issues at the facility as well as long-term success rates.

(Ord. 552-11. Passed 11-29-11.)

1104.2005 Spacing.

Subject to the spacing standards of Sec. 1104.1000.

(Ord. 552-11. Passed 11-29-11.)

1104.2100 Cremating.

1. The crematory shall be in compliance with all applicable Ohio EPA requirements, local and state building codes and ordinances, environmental laws and OSHA requirements;

2. The crematory shall have an exhaust stack height of at least 25 feet above ground.

3. The crematory shall be located a minimum of 500 feet from any residentially zoned district.

(Ord. 228-14. Passed 5-20-14; Ord. 230-15. Passed 4-28-15.)

1104.2201 Spacing Requirements.

No Short-term lender shall be established on a lot or lots within two thousand (2,000) feet of any other Short-term lender. No two (2) Short-term lenders shall be located in the same building or on the same lot.

(Ord. 191-17. Passed 5-2-17.)

There shall be no more than one (1) Short-term lender located within the City of Toledo for every thirty thousand (30,000) persons residing in the City as recorded in the most recent decennial U.S. Census. No Short-term lender may be established and no existing Short-term lender may move to a new location if the current number of Short-term lenders exceeds the maximum number permitted.

(Ord. 191-17. Passed 5-2-17.)

1104.2203 Exception.

Sections 1104.2200 through 1104.2202 shall not apply to the locations of current Short-term lenders operating prior to passage of this section, but no Short-term lender may move to a different location except as provided in Sections 1104.2200 through 1104.2202.

(Ord. 191-17. Passed 5-2-17.)

1104.2301 Location.

A Marijuana Facility shall not be located within:

A. 500 feet of any school (K-12), church, public park, public playground, public library, pre-school, or child day care center, or other use established specifically for the activities of minors.

(Ord. 359-17. Passed 8-22-17; Ord. 23-24. Passed 1-17-24.)

1104.2302 Dispensaries.

The following regulations pertain to Dispensaries:

A. A Dispensary shall not be located within 1,000 feet of another Dispensary; and

B. The hours of operation of a Dispensary shall be limited to 8 a.m. to 8 p.m., or other hours consistent with a Marijuana Dispensary permit issued by the State of Ohio, as a condition of development approval.

(Ord. 359-17. Passed 8-22-17; Ord. 23-24. Passed 1-17-24.)

1104.2401 Setbacks.

All unenclosed garden areas must be three-feet (3') from any property line; unless a site distance setback issue is present. Special setbacks apply to composting in residential districts as listed in Sec. 1104.2407. When Urban Agriculture is the principal land use, the underlying zoning district setback standards of Sec. 1106.0100 shall apply to any structures/buildings. When Urban Agriculture is considered an accessory land use, then the setback standards and use regulations of Sec. 1105.0201 shall apply to any structures/buildings.

1104.2402 Water.

Urban agriculture gardens shall have legal access to a source of water. The water source need not be on site. Use of water storage systems, such as cisterns and rain barrels, is allowed when in compliance with the buildings/structures provisions of this section. For information on establishing an onsite source of water contact the Utilities Administration Division within the City of Toledo Department of Public Utilities.

(Ord. 158-18. Passed 4-24-18.)

1104.2403 Drainage.

Urban agriculture activities shall be operated in a manner which prevents the drainage of stormwater, irrigation water, chemicals, dirt, or mud onto any adjacent properties or public right of ways. For regulations on rain garden/bioretention areas, see Sec. 1108.0206.

(Ord. 158-18. Passed 4-24-18.)

1104.2404 Agriculture Structures/ Buildings.

All structures used for agriculture shall comply with the Division of Building Inspection regulations. The following structures are permitted on site with only a Certificate of Zoning Compliance provided they do not exceed four-hundred square feet (400 ft 2) in total area, and/or twenty feet (20') in height:

A. Greenhouses

B. Hoop houses

C. Cold frames

D. Other enclosed buildings which are found to be reasonably related to the activities of urban agriculture and community gardening.

(Ord. 158-18. Passed 4-24-18.)

1104.2405 Composting.

A. As defined in Sec. 1116.0119.3, composting is permitted as an accessory use in residential zoning districts. Composting activities within residential zoning districts shall adhere to all of the following standards:

1. No compost pile or total composting area shall exceed three-hundred cubic feet (300ft3) in size and/or five feet (5') in height.

2. Any compost pile or area shall comply with the setbacks of Sec. 1105.0201.

3. A compost pile or total composting area shall be located as far away from adjacent residential areas as possible and properly screened.

4. Unless generated at the site, the following materials shall not be accepted from off-site sources for composting: animal manures and food scraps consisting of, or containing meats, bones, and dairy products.

5. Composting areas and structures shall be maintained in a manner that protects adjacent properties from nuisance odors and the attraction of rodents or other pests.

B. Composting as a principal use is defined under the Construction Sales and Services use category.

(Ord. 158-18. Passed 4-24-18.)

1104.2406 Sales.

In a residential zoning district, products may only be sold under the following conditions:

Minor Agriculture: Product shall be grown on site; farm stand shall be 100 sq. ft. or less; farm stands shall be portable with the ability to be taken indoors; farm stands shall conform to the setbacks standards of Section 1104.2401; and all sales shall be conducted between the hours of 8 a.m. - 8 p.m.

Major Agriculture: Product shall be grown on site; farm stands shall conform to the setbacks standards of Section 1104.2401; all sales shall be conducted between the hours of 8 a.m. - 8 p.m.; and are subject to a Special Use Permit.

(Ord. 158-18. Passed 4-24-18.)

1104.2501 Spacing Requirements.

A. An Electronic Gaming Parlor shall not be located within a 2,000 foot radius of another Electronic Gaming Parlor. This spacing shall apply to Electronic Gaming Parlors operating pursuant to the licensing requirements of Chapter 736.

B. An Electronic Gaming Parlor shall not be located within a 1,000 foot radius of a church, school, public park, public library, licensed child day care center, or other use established specifically for the activities of minors.

C. The distances specified in this section shall be measured per TMC § 1106.0208, Distances for Spacing Requirements.

(Ord. 353-18. Passed 8-28-18; Ord. 285-25. Passed 6-17-25.)

1104.2502 License Required.

Electronic Gaming Parlors shall obtain a license as required by Chapter 736 prior to occupancy. No Electronic Gaming Parlor shall be permitted without an active license to operate.

(Ord. 285-25. Passed 6-17-25.)

1104.2601 Spacing Requirements.

A. A small box discount store shall not be located within a 10,560-foot (2 mile) radius of another small box discount store.

B. The distances specified in this section shall be measured per TMC § 1106.0208, Distances for Spacing Requirements.

C. The spacing requirements of this Section do not apply to small box discount stores that are authorized WIC vendors through the Ohio Department of Health.

(Ord. 226-25. Passed 6-3-25.)

1104.2701 Setbacks.

Any new or future expansion of Scrap and Salvage Operations shall be set back no less than 100 feet from any residential district or use and setback no less than 100 feet from any right-of-way, and shall be screened to obscure the materials from the view from the right-of-way.

(Ord. 418-25. Passed 9-9-25.)

Toledo City Zoning Code

CHAPTER 1104

Use Regulations

1104.0200 Attached house.

The following standards apply to attached houses.

(Ord. 170-04. Passed 3-23-04.)

1104.0201 In the RM12 District, up to eight dwelling units may be attached, and structures containing nine or more dwelling units are therein prohibited.

(Ord. 170-04. Passed 3-23-04.)

1104.0202 In the RD6 District, up to two dwelling units may be attached, and structures containing three or more dwelling units are therein prohibited.

(Ord. 170-04. Passed 3-23-04.)

1104.0204 The front, side, and rear setback standards of the underlying zoning district apply around the perimeter of the project.