Toledo City Zoning Code
CHAPTER 1105
Accessory Uses
1105.0100 Authorization.
Except as otherwise expressly provided in this Zoning Code, accessory uses and structures are permitted by right in connection with any lawfully established principal use. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use.
(Ord. 170-04. Passed 3-23-04.)
1105.0500 Liquid petroleum gas storage in Residential Districts.
1105.0501 Special Use approval in accordance with Section 1111.0700 is required for liquid petroleum gas storage in Residential Districts in the following instances:
A. One or more liquid petroleum gas containers of more than 2,000 gallons water capacity in the aggregate; or
B. A central supply serving three or more dwelling units, or more than one building not including accessory structures.
(Ord. 170-04. Passed 3-23-04.)
1105.0502 Installations must conform to:
B. regulation promulgated by the Fire Prevention Bureau and the Division of Building Inspection relative to the storage, handling and installation of equipment for liquefied petroleum gases.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1105.0503 The Special Use review should address at least the following matters:
A. Fencing and/or barriers, screening and landscaping, subject also to Fire Prevention Bureau review.
B. Location within the subdivision or residential area.
C. Effect on the surrounding land use or uses.
D. Vehicular access.
(Ord. 170-04. Passed 3-23-04.)
1105.0600 Residential garages.
1105.0601 Each detached house, attached house, and duplex is limited to one garage for the use of the household or households within in the principal building. If the total land area associated with the dwelling is:
A. 12,000 square feet or more, this accessory building may be designed or used for storage of up to four vehicles.
B. Less than 12,000 square feet, then the accessory building may be designed or used for storage of up to three vehicles.
(Ord. 170-04. Passed 3-23-04.)
1105.0602 Residential garages must be located on the same lot as the principal building.
1105.0603 On a detached house there is no facade limitation on the location of a garage door. For each attached house, duplex, and multi-dwelling:
A. No more than 40 percent of the horizontal width of a street-facing facade on an attached house may be comprised of garage door area; and
B. All garage doors must be recessed at least 4 feet from the front building plane.
C. The intent of these standards is to prevent garages and blank walls from being the dominant visual feature of the structure when viewed from the street or place.
(Ord. 170-04. Passed 3-23-04.)
(Ord. 170-04. Passed 3-23-04.)
1105.0900 Swimming pools.
In residential districts, a family swimming pool may be located in the side yard or rear yard provided such pool shall not be within 8 feet of any side or rear lot line or front setback line. A portable family pool may be placed in the rear or side yard provided such portable pool is set back at least 3 feet from the rear or side lot lines and 3 feet from the front setback line. Pools must be surrounded by a minimum 4-foot high (barrier) fence, with any access gates secured with locks, unless a portable above ground pool is at least 4 feet high and ladders are removed or locked up when not in use. See Sec. 1116.0100 Terminology - Swimming Pool.
(Ord. 555-08. Passed 9-9-08; Ord. 198-11. Passed 4-19-11.)
1105.1100 Caretaker quarters.
A security guard or caretaker dwelling unit as an accessory use in any Industrial or Park and Open Space District.
(Ord. 170-04. Passed 3-23-04.)
1105.0201 Setbacks.
A. No accessory building shall be located less than 60 feet from the primary front lot line.
B. No accessory building shall be closer than 10 feet to the main building, except that an accessory building may not be nearer than 5 feet to the main building if no windows or doors are located in that portion of the wall of the main building that is directly opposite and parallel to a wall of the accessory building.
C. No accessory building shall be closer than 3 feet to any side or rear lot line.
D. The secondary frontage for an accessory building on a double frontage lot is subject to front yard setback requirements per Sec. 1106.0101.
E. The secondary frontage for an accessory building on corner lot must be setback at least as far as the main structure.
(Ord. 170-04. Passed 3-23-04; Ord. 670-10. Passed 12-21-10; Ord. 276-13. Passed 5-28-13.)
1105.0202 Height.
The height of accessory buildings may not exceed 20 feet and limited to one story. An attic as defined in 1116.0187 is not counted as a story.
(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)
1105.0203 Number of Structures.
A. No more than two accessory structures in Residential Districts. Open gazebo, trellis, cabanas and similar structures shall not be counted as structures for purposes of this provision.
B. No limit on the number of accessory structures in Commercial or Industrial Districts.
(Ord. 170-04. Passed 3-23-04.)
1105.0204 Rear Yard Coverage.
Rear yard refers to the total area of a lot from the rear of a structure to the rear property line as that term is defined in Section 1116.0100.
A. The total of all accessory buildings may not occupy more than 30 percent of the total rear yard in a Residential District.
B. The coverage of driveways, open air parking, detached garages and carports may not occupy more than 50 percent of the total rear yard in a Residential District.
(Ord. 170-04. Passed 3-23-04.)
1105.0205 Appearance.
A. The design and building materials of any accessory building shall generally be consistent with the character of the principal building on the property (e.g. material, color), as approved by the Planning Director.
B. No accessory structure shall be constructure or used of discarded materials in a state of disrepair including but not limited to: pallets, doors, tires, corrugated metal, or other similar materials.
(Ord. 420-25. Passed 9-9-25.)
1105.0206 Business Use.
No business may be conducted from an accessory building in a Residential District.
(Ord. 170-04. Passed 3-23-04; Ord. 420-25. Passed 9-9-25.)
1105.0207 Accessory Dwelling Units.
All accessory dwelling units must be located, developed, and operated in compliance with the following regulations:
A. General. Where permitted, an accessory dwelling unit may be established within the existing single-family building or as a detached structure on the same lot as a single-family dwelling. No more than one (1) accessory dwelling unit is permitted per lot.
B. Occupancy by Owner. The owner of each lot on which an accessory dwelling unit is established must maintain residence in the principal single-family dwelling unit for so long as the accessory dwelling unit exists.
C. Entrance. Each accessory dwelling unit must provide a separate exterior entrance independent of the entrance to the single-family dwelling to which it is subordinate and incidental.
D. Lot Size. Any lot on which an accessory dwelling unit is established must meet the minimum lot size requirements for single-family dwellings under the applicable zoning district.
E. Lot Coverage. The footprint of the accessory dwelling unit shall not occupy more than 60% of the footprint of the primary single-family dwelling. Accessory dwelling unit shall count towards rear yard coverage requirement per Sec.1105.0204
(A).
G. Setbacks.
1. An accessory dwelling unit within the building envelope of a legally existing single-family dwelling is not subject to setback restrictions, provided that the establishment of the accessory dwelling unit does not expand the existing structure's footprint.
2. Detached accessory dwelling units are subject to Sec. 1105.0201.
3. An accessory dwelling unit established as an addition to a legally existing single-family dwelling must comply with the setback requirements for single-family dwellings in the applicable zoning district.
4. The alteration of a legally existing accessory structure to establish an accessory dwelling unit is not subject to setback restriction, provided that the establishment of the accessory dwelling unit does not expand the existing structure's footprint.
H. Height.
1. Detached accessory dwelling units shall be subject tot Sec. 1105.0202 or shall not exceed the height of the existing principal structure.
2. An accessory dwelling unit addition to a principal single-family dwelling must comply with all requirements per Sec. 1105.0202.
I. Utility. Detached accessory dwelling units must be of permanent construction and contain permanent utility hookups.
J. Parking. Accessory dwelling units are exempt from off-street parking requirements outlined in Sec. 1107.0300
.
K. Compliance. All accessory dwelling units shall comply with all required Building Code regulations.
L. Prohibition. Mobile homes, recreational vehicles, travel trailers, or other wheeled and transportable structures may not be used as accessory dwelling units.
(Ord. 440-25. Passed 9-23-25.)
1105.0301 Residential Districts.
The following standards apply in all Residential districts:
A. Fences or hedges shall not exceed 3½ feet in height in the front yard.
B. Fences shall not exceed 6 feet in height in the side yard or rear yard.
C. If the site does not have a primary structure, the area between the front property line and the required front setback listed in Sec. 1106.0100 is defined as the front yard.
D. No part of any fencing shall extend into the public right-of-way.
(Ord. 170-04. Passed 3-23-04; Ord. 402-11. Passed 8-23-11; Ord. 592-23. Passed 10-24-23.)
1105.0302 Commercial and Industrial Districts.
The following standards apply in all Commercial and Industrial districts:
1. Fences shall not exceed 3 ½ feet in height in the front yard.
2. Fences shall not exceed 10 feet in any other location on a lot.
3. No part of any fencing or swing gate shall extend into the public right-of-way.
4. If the site does not have a primary structure, the area between the front property line and the required front setback listed in Sec. 1106.0100 is defined as the front yard.
(Ord. 170-04. Passed 3-23-04; Ord. 592-23. Passed 10-24-23.)
1105.0303 Barbed Wire and Electric Fences Prohibited.
The use of barbed wire, razor wire, concertina wire, electric fences as defined in Sec. 1116.0100, or the like shall not be permitted in any zoning district except the Industrial districts and then only in the side and rear yards when not within 50 feet of a Residential district, not in the front yard setback and not anywhere along a street right-of-way.
(Ord. 170-04. Passed 3-23-04; Ord. 692-23. Passed 12-19-23.)
1105.0304 Fencing Materials.
See Section 1108.0404.
(Ord. 170-04. Passed 3-23-04.)
1105.0305 Visibility Obstruction.
See Section 1107.2000.
(Ord. 170-04. Passed 3-23-04.)
1105.0306 Fencing Plan Submission and Approval.
Within Commercial and Industrial Districts three copies of a fencing plan shall be submitted to the Planning Director for review and approval prior to issuance of building permits.
(Ord. 170-04. Passed 3-23-04.)
1105.0401 Purpose.
Home occupations are accessory uses to uses in the Household Living use category. Special regulations apply to such activities to ensure that home occupations will not be a detriment to the character and livability of the surrounding neighborhood. The regulations are intended to ensure that the home occupation remains subordinate to the residential use, and that the residential character of the dwelling and the surrounding area is maintained. The regulations recognize that many types of work can be done in a home with little or no effect on the surrounding neighborhood. These are the types of activities intended to be accommodated by the home occupation regulations of this section.
(Ord. 170-04. Passed 3-23-04.)
1105.0402 Applicability.
Uses are allowed as home occupations only if they comply with all of the requirements of this section.
(Ord. 170-04. Passed 3-23-04.)
1105.0403 Exemptions.
A. Type B Family Day Care Homes. Type B Family Day Care Homes are not regulated as a home occupation and are exempt from the regulations of this section. They are subject to Section 1104.0700, Day Care.
B. Bed and Breakfast. Bed and Breakfasts are not regulated as home occupations and are exempt from the regulations of this section. They are subject to Section 1104.0400.
(Ord. 170-04. Passed 3-23-04.)
1105.0404 Description of Limited and General Home Occupations.
There are two types of home occupations: Limited home occupations and General home occupations.
A. Limited. A Limited home occupation is one where residents use their home as a place of work, with no employees or customers coming to the site. Examples include artists, craftspersons, writers, and consultants.
B. General. A General home occupation is one where either one employee or customers come to the site. Examples are counseling, tutoring, and music lessons.
(Ord. 170-04. Passed 3-23-04.)
1105.0405 Use-Related Regulations.
A. Allowed Uses. The intent of the regulations of this section is to establish performance standards for all home occupations rather than to limit uses and activities to a specific list. Home occupations that comply with the standards of this section are allowed by right unless otherwise expressly stated.
B. Prohibited Regulations. The following are prohibited as home occupations pursuant to this Zoning Code:
1. Any maintenance, alteration, repair, reconditioning, or construction of or connection in any way with, a motor vehicle as defined by Revised Code Sec. 4511.01, if such work is performed in connection with a bona fide business transaction for value received by a resident of the subject premises.
2. Any maintenance, alteration, repair, reconditioning, or assembly of equipment with internal combustion engines (such as outboard marine engines, lawn mowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) in connection with a bona fide business transaction for value received by a resident of the subject premises.
3. Home occupations that serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations.
4. Funeral and interment services.
5. Animal care or boarding facilities, including but not limited to animal hospitals, kennels, stables and all other types of animal boarding and care facilities.
6. Restaurants and food service facilities.
7. The Commissioner of Building Inspection and/or Planning Director is authorized to classify uses not listed above as a prohibited home occupation if the use closely fits into one of the above prohibited use types or descriptions.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)
1105.0406 Site-Related Standards.
A. Signs. No more than one sign is allowed. Such sign must be a nameplate type sign, no larger than 1 square foot in area.
B. Outdoor Activities.
1. All activities must be in completely enclosed structures.
2. Exterior storage or display of goods or equipment is prohibited.
C. Appearance. The dwelling and site must remain residential in appearance and characteristics. Internal or external changes that will make the dwelling appear less residential in nature or function are prohibited. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, or the addition of commercial-like exterior lighting.
(Ord. 170-04. Passed 3-23-04.)
1105.0407 Impact-Related Standards.
A. Hazardous Substances. Hazardous substances are prohibited as determined by the Fire and Rescue Operations Department and by the Division of Environmental Services.
B. Noise. The maximum noise level for a home occupation shall be in accordance with Section 507.14 of Chapter 507, Anti-Noise Law.
C. Trucks and Vehicles.
No more than one truck, associated with the home occupation, may be parked at the site. The maximum truck size that is allowed on-site shall not exceed the size stated in Section 351.07(a)(8) of the Traffic Code.
D. Deliveries.
Truck deliveries or pick-ups of supplies or products, associated with business activities, are allowed at the home occupation only between 8:00 a.m. and 9:00 p.m. Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods.
(Ord. 170-04. Passed 3-23-04.)
1105.0408 Additional General Home Occupation Regulations.
The following additional regulations apply to General home occupations.
A. Hours. Customers may visit the site only during the hours of 8:00 a.m. to 9:00 p.m.
B. Nonresident Employees.
One nonresident employee is allowed with a General home occupation provided no customers come to the site. Home occupations that have customers coming to the site are not allowed to have nonresident employees. For the purpose of this section, the term "nonresident employee" includes an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation. Adjustments or variances to this regulation are prohibited.
C. Customers. Only eight customers or clients may visit the site in a day.
D. Retail Sales. Retail sales of goods must be entirely accessory to any services provided on the site (such as sheet music sold to music students).
(Ord. 170-04. Passed 3-23-04.)
1105.0409 Number.
More than one General home occupation per dwelling unit is prohibited.
(Ord. 170-04. Passed 3-23-04.)
1105.0410 General Home Occupation Permit.
A. Purpose. Permits for General home occupations must be obtained from the Commissioner of Building Inspection and/or Planning Director prior to their establishment. The permit requirements are intended to ensure:
1. That the applicant is aware of the provisions of this Zoning Code governing home occupations;
2. That the City has all information necessary to evaluate whether the proposal initially meets and continues to meet Zoning Code regulations; and
3. That the distribution and location of General home occupations is known.
B. Procedure. A home occupation permit for General home occupations will be issued by the Commissioner of Building Inspection and/or Planning Director for a 2-year period. It is the responsibility of the applicant to obtain the permit every 2 years. The review process requires the applicant to submit an affidavit pledging agreement with these conditions and documentation that the proposal is a General home occupation. The permit is tied to the applicant and not to the lot occupied by the home occupation; permits are not transferable to other sites or other operators.
C. Revocation. A General home occupation permit may be revoked for failure to comply with the regulations of this section. When a General home occupation permit has been revoked, a new General home occupation permit will not be issued to the applicant or other persons residing with the applicant for 2 years.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)
1105.0701 All Satellite Dishes.
A. No satellite dish may block a required exit or other means of emergency egress for a building or other enclosed structure.
B. Installation of such a dish in a designated Historic District shall require review by the applicable Historic District Commission and issuance of a Certificate of Appropriateness.
(Ord. 170-04. Passed 3-23-04.)
1105.0702 Satellite Dishes Less than One Meter and TV/Radio Antennas.
A satellite dish of less than one meter in diameter, television/radio broadcast receiving antennas, and amateur "HAM" radio antennas are permitted as an accessory use in all zoning districts, subject to the following restrictions:
A. No such dish or antenna may be located where it would interfere with sight at the intersection of streets or of driveways with streets.
B. In Residential districts such dishes and antennas shall be located only on a roof or in rear or side yards unless such restriction precludes reception of an acceptable quality signal. In such case such dish or antenna may be placed anywhere on the lot except within an easement of record. Proof of inability to receive an acceptable quality signal shall be provided to the Division of Building Inspection, upon request.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1105.0703 Satellite Dishes Less than Two Meters,
A satellite dish of less than two meters in diameter, but larger than one meter in diameter, is permitted as an accessory use in any zoning district except RS and RD Districts, subject to the following:
A. Such dish may be allowed in a rear yard, but such dish shall not be located in a side yard or front yard.
B. Such dish shall be screened from view of the street or place and any abutting RS or RD zoning district with an opaque fence, extensions of building walls or dense landscaping.
(Ord. 170-04. Passed 3-23-04.)
1105.0704 Satellite Dishes More than Two Meters.
A satellite dish of more than two meters shall not be allowed in any Residential District.
(Ord. 170-04. Passed 3-23-04.)
1105.0801 Purpose.
The purpose of this section is to establish standards permitting solar energy systems in an effort to promote energy efficient development and the use of renewable energy sources while educing greenhouse gas emissions. It is the intent to balance permitting solar energy systems through appropriate standards for the design, installation and maintenance with minimizing potential impacts to the health, safety, welfare, and character of the area in which they are cited.
(Ord. 532-24. Passed 11-6-24.)
1105.0802 Applicability.
The standards of this section apply to all solar energy systems that are accessory to a principal structure. Solar energy systems constructed prior to the effective date of these regulations shall not be required to meet these provisions. However, if an existing solar energy system is upgraded, modified or changed in a way that materially alters its size or placement, it shall comply with these provisions.
(Ord. 170-04. Passed 3-23-04; Ord. 532-24. Passed 11-6-24.)
1105.0803 Location without Special Use (Accessory).
Solar energy systems are permitted by right in all zoning districts as an accessory use to a principal structure subject to the following development and design standards:
A. Solar energy systems shall be designed for on-site generation of electricity for the principal use; however, excess power generated may be sold to the electric utility provider.
B. Prior to the installation or modification of a solar energy system, an electrical permit application and a building permit application along with two sets of Ohio stamped engineered plans with structural analysis, shall be submitted to and approved by the Division of Building Inspection.
C. Solar energy systems may be building-mounted, building integrated or ground-mounted subject to all applicable requirements for that location as follows:
1. Building-Mounted and Building Integrated Solar Energy Systems.
a. Building-mounted solar energy systems may be mounted on the roof, side façade or rear facade of a principal or accessory structure.
b. Roof-mounted solar energy systems installed on a sloped roof shall be mounted parallel to the roof surface and shall not extend below the roof line or above the ridgeline of the roof to which they are attached when the panels are at maximum design tilt.
c. Roof-mounted solar energy systems installed on a flat roof may exceed the maximum principal building height or accessory building height for the specified zoning district by up to 5 feet above the roof surface to which it is attached when the panels are at maximum design tilt. In no instance shall any part of the solar energy system extend beyond the edge of the roof.
d. Roof-mounted solar energy systems are exempt from screening requirements, except for mechanical equipment pursuant to Section 1105.0803(D).
e. Roof-mounted solar energy systems shall comply with applicable state and local fire codes to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide areas for smoke ventilation, and provide emergency egress from the roof.
f. Façade mounted solar energy systems shall not project more than 4 feet from a façade and shall not extend into the required building setback to which it is attached.
g. Building integrated solar energy systems are considered building materials and shall be reviewed as building materials and therefore shall comply with applicable building setbacks for the zoning district.
2. Ground-Mounted Solar Energy Systems.
a. Ground-mounted solar energy systems are permitted in rear yards only.
b. Ground-mounted solar energy systems shall not exceed the maximum building height for accessory buildings in the applicable zoning district when the panels are at maximum design tilt.
c. Ground-mounted solar energy systems shall meet side and rear yard setback standards for accessory buildings in the applicable zoning district.
d. Ground-mounted solar energy systems shall not count toward the maximum number of accessory structures permitted.
e. Ground-mounted solar energy systems are exempt from screening requirements, except for mechanical equipment pursuant to Section 1105.0803(D).
f. Ground-mounted solar energy systems are exempt from lot coverage if the area under the system is vegetative ground cover.
g. Ground-mounted solar energy systems shall not be placed in any legal easement, right-of-way, required landscape buffer or placed in any stormwater conveyance system that would in any manner impede storm water runoff.
h. Power transmission lines from ground-mounted solar energy systems shall be located underground.
D. All mechanical equipment, except for the solar collection device, associated with and necessary for the operation of solar energy systems shall comply with the following:
1. Mechanical equipment shall not be located within the front yard.
2. Mechanical equipment shall meet side and rear yard setbacks for accessory buildings in the applicable zoning district.
3. Mechanical equipment shall meet screening requirements in the applicable zoning district.
4. Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted devices, equipment and structures.
5. All electric control devices associated with the solar energy system shall be locked to prevent unauthorized entry.
E. Solar Access Easements. Owners of solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements must be consistent with the requirements of Section 5301.63 of the Ohio Revised Code.
F. Maintenance and Abandonment of Solar Energy Systems. All components of a solar energy system including the structure and property upon which the system is located, shall be maintained in good condition and in safe working order. Any solar energy system that is not operated on a functional basis for a period of twelve (12) consecutive months shall be deemed abandoned. The Chief Building Official may order the repair or removal of said solar energy system in accordance with these provisions. The applicant, owner, or other person responsible for the system shall repair or remove the same within thirty (30) days of receipt of notification by certified mail. If said facility is not either operational or removed after thirty days (30) from the date of notification, the City may remove the system at the owner's expense.
(Ord. 170-04. Passed 3-23-04; Ord. 532-24. Passed 11-6-24.)
1105.0804 Location with Special Use (Primary).
Special Use approval is required in accordance with Sec. 1111.0700 when the solar energy system is a stand-alone facility.
(Ord. 170-04. Passed 3-23-04; Ord. 532-24. Passed 11-6-24.)
1105.0805 Location within Historic Districts or Overlay Districts.
A. Solar energy systems in a designated Historic District shall require a Certificate of Appropriateness from the respective Historic District pursuant to Chapter 1103.
B. Solar energy systems in an Overlay District shall require review and approval by the respective designated body (i.e. Architectural Review Committee, Development Corporation, etc.) pursuant to Chapter 1103.
(Ord. 170-04. Passed 3-23-04; Ord. 532-24. Passed 11-6-24.)
1105.1001 Contractor's Office and Construction Equipment Sheds.
Contractor's offices and construction equipment sheds are allowed in any zoning district when accessory to an allowed construction project.
A. Contractor's offices and construction equipment sheds must be located on the same site as the construction project unless approved by the Commissioner of Building Inspection.
(Ord. 510-21. Passed 9-28-21.)
B. Mobile and manufactured homes or trailers may be used for a contractor's office and construction equipment shed.
C. No contractor's office or shed shall contain sleeping or cooking accommodations, except as necessary to accommodate security personnel.
D. Any such office or shed shall be removed within 14 days of completion of the construction project.
(Ord. 170-04. Passed 3-23-04.)
1105.1201 Definitions.
Anemometer: A device for measuring the speed of wind.
Decibel (db): The measurement of sound pressure relative to the logarithmic conversion of the sound pressure reference level often set as 0 db (A-weighted). In general, this means the quietest sound we can hear is near 0 db (A-weighted) and the loudest we can hear without pain is near 120 db (A-weighted). The average background noise in a house is about 50 dB, while a car driving down a street would be measured at 60 dB at a distance of 300 feet. A vacuum cleaner emanates sound at 70 dB.
Meteorological Tower: Means a facility consisting of a tower and related wind-measuring devices, which is used solely to measure wind speed and directions preliminary to construction of a Small Wind Energy System.
Micro Wind System: A building-mounted wind system (either a Vertical or Horizontal Axis Turbine) that has a Rated Capacity of 10 kW or less, (3kW or less for residential properties), and cannot exceed the maximum permitted building height by more than thirty (30%) percent. Micro wind systems shall also include similar systems such as wind spiral and all other building-mounted wind energy systems except for wind cubes.
Rated Capacity: The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.
Small Wind Energy Systems: Means a free-standing wind energy electric generation system consisting of a tower, a turbine, and associated control or conversion electronics, with a rated capacity of 10kW or less per tower. This includes, but is not limited to, storage, electrical collection and supply equipment, and transformers.
System height. The vertical distance from ground level to the tip of the wind generator blade when it is at its highest point.
Tower height. The height above grade of the fixed portion of the tower.
Turbine: The parts of a wind system including the blades, generator and tail. The definition of a turbine includes both Horizontal Axis Wind Turbines (HAWT) and Vertical Axis Wind Turbines (VAWT).
Wind Cubes: A special type of horizontal axis wind turbine with a cubical shroud around the blade assembly that is used to increase the velocity of the wind for a given blade capture area.
(Ord. 96-10. Passed 3-2-10.)
1105.1202 Zoning districts where permitted.
Single Dwelling Residential (RS6) | Duplex Residential (RD6) | Single Dwelling Residential (RS9) | Multi- Dwelling Residential (RS12) | Multi- Dwelling Residential 1 (RM12, RM24, RM36) | Commercial Districts 1 (CN, CO, CR, CD) | Industrial Districts 1 (IL, IG, IP) | Institutional Campus 1 (IC) | |
Small | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Micro | Yes w/SUP | Yes w/SUP | Yes w/SUP | Yes w/SUP | Yes w/SUP | Yes | Yes | Yes, if shown on approved Master Plan, SUP if not shown |
Wind Cubes | No | No | No | No | Yes if Apt. Complex | Yes if 10,000 building sq.ft. | Yes if 10,000 building sq.ft. | Yes, if shown on approved Master Plan, SUP if not shown |
1 SUP required if exceeds height limit or nameplate capacity under general requirements or if more than one (1) wind energy system on a parcel.
(Ord. 96-10. Passed 3-2-10; Ord. 164-11. Passed 4-5-11.)
1105.1203 General requirements.
A. Meteorological Towers shall not be allowed for time periods in excess of twelve (12) months and shall be removed prior to the installation of the wind energy system for which they are measuring. A request to install a meteorological tower shall be included in the application to install either a Micro Wind System or a Small Wind Energy System.
B. Building-mounted micro wind systems shall be regulated by applicable building and electrical codes, and system height shall not exceed the maximum permitted building height by more than thirty (30%) percent. Any building mounted micro wind system that exceeds the maximum permitted building height by more than thirty (30%) percent shall be subject to review by the Toledo City Plan Commission as a major site plan review unless a Special Use Permit (SUP) is required.
C. Maximum System Height - Freestanding Small Wind Energy Systems shall not exceed the maximum height requirement in residentially zoned districts, subject to TMC 1106.0100 - Intensity and Dimensional Standards. These systems shall not exceed sixty-five (65) feet for commercial and one hundred and twenty (120') feet for industrial and institutional zoned districts. A SUP is required in an IC District if the system height exceeds the maximum height as shown on the approved Master Plan. In multi- dwelling residential, commercial and industrial zoning districts, a wind energy system that exceeds these height limits may be allowed with a SUP.
D. Setbacks - Small Wind Energy Systems shall be set back from all property lines a distance equal to one hundred twenty (120%) percent of the height of the structure including the blades to maintain an adequate fall zone. Micro Wind Energy Systems shall be set back from all property lines a distance equal to fifty (50%) percent of height of the structure including the blades to maintain an adequate fall zone. No part of the Small Wind Energy System or micro wind system structure, including, but not limited to, guy wire anchors, may extend closer than ten feet (10') to the property line.
E. Sound - Micro Wind Systems and Small Wind Energy Systems shall not exceed thirty (30) dbA, measured from the closest property line (four feet (4') or five feet (5') above grade) in residentially zoning district and fifty-five (55) dbA in non-residential zoned district and enforced by either Toledo Police Department per TMC 507 or Environmental Services. The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any proposed wind energy system.
F. Turbine Clearance - No portion of any turbine shall extend within twenty feet (20') of the ground, overhead utility lines, parking areas, driveways and sidewalks.
G. Automatic Over-Speed Controls - All Micro Wind Systems and Small Wind Energy Systems shall be equipped with manual (electronic or mechanical) and automatic over-speed controls to limit the blade rotation speed to within the design limits of the Micro Wind System or Small Wind Energy System.
H. Tower color - Tower colors shall be off-white, gray, or neutral subdued tones, such as earth tones of green or brown. Towers shall not be finished in bright or vivid colors, nor shall the tower be used for advertising of any kind.
I. Lighting - Micro Wind Systems and Small Wind Energy Systems shall not be artificially lighted, except as required by the FAA.
J. Climb prevention - Small Wind Energy Systems shall not be climbable up to fifteen feet (15') above the ground surface.
K. Wind Energy Systems on residentially zoned properties shall have a nameplate capacity of ten (10) kilowatts or less. In multi-dwelling residential, commercial, industrial, and institutional campus zoning districts, a wind energy system with more than ten (10) kilowatts may be allowed with a SUP.
L. Wind Energy Systems shall not be permitted in any front yard.
M. No more than one (1) Wind Energy System shall be permitted per parcel. More than one (1) wind energy system may be allowed on a parcel in an IC District if shown in the approved Master Plan or with a SUP, and in multi-dwelling residential, commercial and industrial zoning districts with a SUP.
(Ord. 96-10. Passed 3-2-10; Ord. 164-11. Passed 4-5-11.)
1105.1204 Application requirements.
Application to construct new or alter an existing wind energy system facility shall be submitted to the Division of Building Inspection. The Division of Building Inspection and Plan Commission staff shall determine if the application conforms to the requirements of this ordinance and other applicable regulations of the City of Toledo.
Application: The following materials shall be provided as part of the application process:
A. Property lines and dimensions of the applicant's property.
B. Location, dimensions, and use of existing structures on the property.
C. Location of the proposed small wind energy system, foundations, guy anchors and associated equipment.
D. Setback requirements as outlined in this ordinance.
E. The right-of-way of any public road that is contiguous with the property.
F. Any overhead utility lines.
G. Small wind energy system specifications, including manufacturer, model, rotor diameter, tower height, tower type, and kilowatt rating.
H. Foundation and anchoring details sealed by an architect or engineer registered in the State of Ohio.
I. Small wind energy systems that will be connected to the power grid shall include a copy of the application for interconnection with their electric utility provider and application for a City of Toledo electrical permit.
J. Sound level analysis prepared by the wind generator manufacturer or qualified engineer.
K. A maintenance schedule and a clear fall zone shall be shown on the site plan.
L. Certification that the design is in compliance with the current National Electric Code and local electrical code. Building permit applications for Micro Wind Systems and Small Wind Energy Systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code and local electrical codes.
M. Evidence satisfactory to the Director of the Toledo-Lucas County Plan Commissions that the proposed system meets the following standards:
1. That the Micro Wind System or Small Wind Energy System is Under Writers Laboratory (UL) listed, and/or meets the Institute of Electrical and Electronic Engineers (IEEE) standards, or other Nationally Recognized Testing Lab (NRTL);
2. Information demonstrating that the wind turbine is approved under an emerging technology program, such as International Electrotechnical Commission (IEC) or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the U.S. Department of Energy. Non-certified wind turbines must submit a description of the safety features of the turbine prepared by a professional mechanical engineer.
N. Equipment Replacement - Any major replacement such as the turbine blades, generator, main gear-box or the entire wind energy system shall comply with the current ordinance.
(Ord. 96-10. Passed 3-2-10.)
1105.1205 Abandoned facilities.
Any Wind Energy System that is not operated on a functional basis for a period of twelve (12) consecutive months shall be deemed abandoned. The building official may order the repair or removal of said Wind Energy System, in accordance with these provisions. The applicant, owner, or other person responsible for the facility shall repair or remove the same within thirty (30) days of receipt of notification by certified mail. If said facility is not either operational or removed after thirty (30) days from the date of notification, the City may remove the system at the owner's expense.
The City reserves the right to enter upon and disconnect, dismantle or otherwise remove any Wind Energy System should it become an immediate hazard to the safety of persons or property due to emergency circumstances, as determined by the Commissioner of Building Inspection or building official, such as natural or man-made disasters or accidents, when the applicant, owner, or other person responsible for the facility is not available to immediately remedy the hazard. The City shall attempt to notify any such applicant, owner, or other person responsible for the facility of such action within forty-eight hours. The applicant, owner, or other person responsible for the facility shall reimburse the City for all costs incurred for action taken pursuant to this Section.
(Ord. 96-10. Passed 3-2-10.)
1105.1301 Purpose.
The regulations of this section are intended to ensure that off-street parking spaces designed for the charging of electric vehicles do not adversely affect surrounding areas.
(Ord. 78-23. Passed 2-21-23.)
1105.1302 Existing parking areas.
The addition of charging equipment to existing spaces or adjustment of drive-aisles for traffic-flow shall be considered a modification of a parking space for the purpose of Site Plan Review per section 1111.0800. A modification of 5 to 59 spaces shall require a Minor Site Plan Review, and a modification of 60 or greater shall require a Major Site Plan Review per section 1111.0800.
(Ord. 78-23. Passed 2-21-23.)
1105.1303 New parking areas.
EV charging equipment and infrastructure shall be depicted on site plans.
(Ord. 78-23. Passed 2-21-23.)
1105.1304 Standards.
B. Electric Vehicle Charging spaces shall provide one space following the van-accessible dimensions as outlined in Section 1107.1702(B) per ten Electric Vehicle Charging spaces. No less than one van accessible Electric Vehicle Charging space shall be required when Electric Vehicle Charging is installed.
1. Electric Vehicle Charging spaces shall not contribute to the required number of accessible parking spaces required in Section 1107.1701.
C. EV Charging Equipment and infrastructure utilized in the charging of Electric Vehicles shall be subject to the following:
1. No charging equipment or infrastructure may be installed in required setbacks.
2. Charging equipment located in landscaped areas shall not reduce landscaping below required minimums.
3. Charging infrastructure shall be subject to Sight Distance Setbacks of 1107.2000.
4. Charging infrastructure shall require screening from view of the public right of way or neighboring properties with evergreen plantings. Alternative screening methods may be approved by the Plan Director.
D. 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.
E. EV Charging equipment may be installed in any legally established parking space for detached house, attached house, or duplex.
(Ord. 78-23. Passed 2-21-23.)
1105.1305 Parking schedule applicability.
Electric Vehicle Parking shall be counted toward fulfilling off-street parking standards per Off-Street Parking Schedule "A".
(Ord. 78-23. Passed 2-21-23.)