Toledo City Zoning Code
CHAPTER 1106
Intensity and Dimensional Standards
1106.0500 Neighborhood Commercial District maximum floor area.
In addition to the intensity and dimensional standards of Chapter 1106, an individual establishment or business classified as a Commercial use in the CN District may not exceed a floor area of 10,000 square feet. This does not prohibit buildings that exceed that area so long as each Commercial establishment or business located therein complies with this section.
(Ord. 170-04. Passed 3-23-04.)
1106.0101 Residential Districts.
Unless otherwise expressly stated, all buildings in Residential (R) Districts must comply with the following standards, as well as all other applicable standards of this Zoning Code.
(Ord. 170-04. Passed 3-23-04; Ord. 346-10. Passed 6-22-10; Ord. 229-13. Passed 4-30-13; Ord. 533-24. Passed 10-23-24.)
Standard | RS 12 | RS 9 | RS 6 | RD 6 | RM 12 | RM 24 | RM 36 | RMH |
Standard | RS 12 | RS 9 | RS 6 | RD 6 | RM 12 | RM 24 | RM 36 | RMH |
Minimum Lot Area (sq. ft. per unit) | ||||||||
Detached House | 12,000 | 9,000 | 6,000 | 6,000 | 6,000 | 6,000 | 6,000 | NA |
Attached House | NA | NA | NA | 3,000 | 3,000 | 3,000 | 3,000 | NA |
Duplex | NA | NA | NA | 3,000 | 3,000 | 3,000 | 3,000 | NA |
Multi-Dwelling [8] | NA | NA | NA | NA | 3,600 | 1,800 | 1,200 | NA |
Manufactured Home [1] | NA | NA | NA | NA | NA | NA | NA | 3,600 |
All Other Development | 12,000 | 9,000 | 6,000 | 6,000 | 6,000 | 6,000 | 6,000 | NA |
Maximum Density (dwelling units per acre) [2] | 3 | 4 | 6 | 6 | 10 | 20 | 30 | 10 |
Minimum Lot Width (feet) | 75 | 60 | 50 | 50 | 50[3] | 50[3] | 50[3] | 40 |
Minimum Setbacks (feet) | ||||||||
Front | 35 | 30 | 25 | 25 | 25 | 25 | 25 | 25[4] |
Side (one side/combined) | 7.5/16 | 6/14[5] | 5/12[5] | 5/12[5] | 5/12[5] | 5/12[5][6] | 5/12[5][6] | 10/20 |
Rear | 35 | 30 | 25 | 25 | 25 | 25 | 25 | 12[7] |
Maximum Height (feet) | 35 | 35 | 35 | 35 | 35 | 35 | 50 | 20 |
NA = Not Applicable
Table Notes
[1] The standards apply to manufactured homes in manufactured housing parks.
[3] Minimum lot width for attached house: 25 feet.
[4] Where a lot in a manufactured housing park abuts a dedicated place, the minimum front setback is 7 feet.
[5] Combined total setbacks for attached houses, detached houses and duplexes may be reduced to 10 feet to accommodate an attached garage or carport.
[6] Minimum side setback is increased to 10 feet when adjacent to RS or RD district.
[7] Where a lot in a manufactured housing park abuts the periphery of the development, the minimum rear setback is 25 feet. No structure in a manufactured housing park may be located in the required rear setback.
[8] These density standards apply to single buildings, for multiple buildings on a lot see Max. Density Row and Table Note [2].
1106.0102 Commercial Districts.
Unless otherwise expressly stated, all buildings in Commercial (C) zoning districts must comply with the standards of the following table.
(Ord. 170-04. Passed 3-23-04.)
Standard | CN | CO | CM | CS | CR | CD |
Standard | CN | CO | CM | CS | CR | CD |
Minimum Lot Area (sq. ft.) | ||||||
Detached House | 6,000 | NA | NA | NA | NA | NA |
Duplex/Attached House (per unit) | 3,000 | NA | 1,400 | NA | NA | 1,400 |
Multi-Dwelling (per unit) | 4,200 | 1,800 | 700[1] | 1,800 | 1,800 | None [2] |
All Other Development | None | None | None | None | None | None |
Maximum Floor Area Ratio (FAR) | 0.75 | 2.5 | 1 | 3 | 2.5 | 12 |
Minimum Setbacks (feet) | ||||||
Front | 20 | 20 | 0 | 0 | 20[3] | 0 |
Side/Rear abutting other C or I Districts | 0 | 0 | 0 | 0 | 0 | 0 |
Side/Rear abutting R Districts | [4] | [4] | [4] | [4] | [4] | [4] |
Maximum Front Setback (feet) | 35 | 35 | 10[5] | 10[5] | None | 10[5] |
Maximum Height (feet) | 35 | 65 | 120 | 45 | 65 | None |
Maximum Building Coverage (% of site) | 85 | 85 | 100 | 100 | 85 | 100 |
NA = Not Applicable
Table Notes
[1] See Section 1106.0400 on minimum lot area reductions in CM Districts.
[2] All developments/redevelopments are subject to Site Plan Review required provisions of Sec. 1111.0800.
[3] Minimum Front Setback is increased to 30 feet for properties over 5 acres and/or with over 500 feet of frontage.
[4] Minimum side and rear setbacks from Residential zoning districts:
Height of Accessory or Principal Building (feet) | Setback Abutting Side Lot Line of R- Zoned Lot (feet) | Setback Abutting Rear Lot Line of R- Zoned Lot (feet) |
0-20 | 10 | 15 |
21+ | 10 + 1 per 2 feet of building height above 20 feet. Setback is not required to exceed 50 feet | 15 + 1 per 4 feet of building height above 20 feet. Setback is not required to exceed 50 feet. |
[5] At least 50 percent of the length of the ground level building must be located within 10 feet of the front lot line. For sites with three or more lot frontages, this standard applies to only two of the street facing walls. The Plan Commission is authorized to waive maximum front setback standards in the -DO district to accommodate plazas or other pedestrian amenities.
(Ord. 170-04. Passed 3-23-04; Ord. 287-20. Passed 8-11-20.)
1106.0103 Industrial District Standards.
Unless otherwise expressly stated, all buildings in Industrial (I) zoning districts must comply with the standards of the following table.
(Ord. 170-04. Passed 3-23-04.)
Standard | IL | IG | IP |
Standard | IL | IG | IP |
Minimum Contiguous Site Area (acres) | None | None | 5 |
Minimum Setbacks (feet) | |||
Front | 30 | 30 | 50 |
Side/Rear abutting other C or I Districts | 0 | 0 | 0 |
Side/Rear abutting R Districts | [1][2] | 25[2][3] | [1] |
Maximum Height (feet) | No Max | No Max | 65 |
Maximum Building Coverage (% of site) | 85 | 100 | 65 |
Table Notes
[1] Minimum side and rear setbacks from Residential zoning districts are as follows:
Height of Accessory or Principal Building (feet) | Setback Abutting Side Lot Line of R- Zoned Lot (feet) | Rear Setback Abutting R-Zoned Lot (feet) |
0-20 | 10 | 25 |
21-35 | 10 | 25 |
36+ | 10 + 1 for each foot of building height above 35 feet to max. of 50 | 25 + 1 for each foot of building height above 35 feet to max. of 50 |
[2] Outdoor manufacturing, repairing, refuse compacting and recycling areas (when permitted by district use regulations) must be set back at least 50 feet from all R-zoned lots.
[3] Outdoor recycling collection stations; loading spaces and storage areas must be setback at least 15 feet from all R- zoned lot.
(Ord. 170-04. Passed 3-23-04.)
1106.0201 Lot Area.
A. Measurement. The area of a lot includes the total horizontal surface area within the lot's boundaries, not including rights-of-way. For nonconforming lots see Section 1114.0400.
B. Contiguous Parcels. Two or more parcels, lots of record or platted lots that are contiguous and held in common ownership may be treated together as a single lot for purposes of this Zoning Code, provided such lots are located in the same zoning district and provided they are combined on the same tax card.
(Ord. 170-04. Passed 3-23-04.)
1106.0202 Floor Area Ratio.
Floor area ratio (FAR) standards regulate the amount of building floor area allowed on a site. FARs are calculated by dividing the floor area of nonresidential building space on a site by the gross lot area of the site. Unless otherwise expressly stated, residential floor space is not counted in calculating FARs. For example, a building containing 20,000 square feet of floor area on a lot of 10,000 square feet has a floor area ratio of 2.0.
(Ord. 170-04. Passed 3-23-04.)
1106.0203 Density.
A. Standards. Maximum density standards established for Residential districts, as stated in Section 1106.0101, for cluster housing and multiple buildings on a lot have factored into their calculations a reduction to account for internal drives and streets.
B. Measurement. Maximum density refers to the number of dwelling units allowed per acre of site area, after subtracting existing rights-of-way from the gross site area.
1. In determining density, each three beds in a dormitory will be considered the equivalent of a dwelling unit.
2. In determining density, each rooming house unit will be considered the equivalent of a dwelling unit.
C. Calculation.
1. To calculate the number of dwelling units allowed on a parcel, first subtract from the gross site area the total area of all existing rights-of-way, then multiply the resulting figure by the maximum (units per acre) density standard of the zoning district.
2. Example, a proposed attached house (villas) development on a 3.47 gross acre site area is located in a RD6 Residential Duplex District. There are 0.70 acres in existing right-of-way resulting in a developable parcel of 2.77 acres. The RD6 District maximum density for attached houses is 10 units per acre per the Residential District Table in Section 1106.0101. The project site could contain 28 units (2.77 x 10 = 27.70 or 28 units) in 14 two-unit structures (see Section 1104.0202.
3. Example, a 40,000 square foot platted lot in a RM36 Multi-Dwelling Residential District with a 1,200 square foot minimum lot area, per the Residential District Table in Section 1106.0101, could contain a 33 unit (40,000 / 1,200 = 33.33 or 33 units) apartment building.
D. Rounding of Fractions.
When the number of dwelling units yielded by density calculations result in fractions, fractions of one-half or greater are rounded to the next highest whole number, while fractions of less than one-half are rounded down to the next lowest whole number.
(Ord. 170-04. Passed 3-23-04.)
1106.0204 Lot Width.
A. Lot width is the distance between side lot lines measured at the point of the required front setback. The lot width must be a continuous distance between the side lot lines.
B. Where the front lot line is along a cul-de-sac or curved street lot width is measured at the required front setback line that is parallel to the arc of the street right-of-way.
1106.0205 Setbacks.
A. Measurement.
Setbacks must be unobstructed from the ground to the sky except as otherwise expressly allowed in this subsection. Some exceptions are allowed. (See Section 1106.0205E.)
B. Front Setbacks.
1. Measurement. Front setbacks extend the full width of a lot and are measured from the street or place right-of-way line.
2. Double-Frontage Lots. Double-frontage lots must provide a front setback on both streets.
3. Corner Lots. Where front setbacks have been established or are required on each of two intersecting streets, a front setback must be provided on each lot frontage of the corner lot, with the following two exceptions:
a. In Residential districts, where the required front setback exceeds 25 feet, only one front setback in excess of 25 feet is required by this Zoning Code.
b. The building width of a lot of record need not be reduced to less than 28 feet when the owner of such lot can show that ownership and control of any adjacent lot or lots of record are by another person. Under this provision, no structure shall be constructed closer than 10 feet to a right-of-way without review and approval from the Board of Zoning Appeal, unless specified in Sec. 1106.0100.
(Ord. 276-13. Passed 5-28-13.)
4. Contextual Front Setbacks. Regardless of the minimum front setback requirements imposed by the zoning district standards in this Chapter, applicants shall be allowed to use a Contextual Front Setback. A Contextual Front Setback may fall at any point between the required front setback and the front setback that exists on a lot that is nearest and oriented to the same street as the subject lot. If the subject lot is a corner lot, the Contextual Setback may fall at any point between the required front setback and the front setback that exists on the lot that is nearest and oriented to the same street as the subject lot. If all lots on the block face of the subject lot are vacant, the setback that is required by the zoning district shall apply.
a. In no case shall the setback resulting from this provision exceed any applicable maximum setback in the Commercial Districts Intensity and Dimensional Standards Table, Section 1106.0102.
b. Enclosed porches extending into a setback will not be considered part of the structure in determining the Contextual Front Setback.
C. Side Setbacks.
1. Side setbacks extend from the front setback line to the rear setback line and are measured from the side lot line. If no front, or rear, setback is required, the required setback area must run to the opposite lot line.
2. Side setbacks on through lots must run the full length of the lot between front lot lines.
3. The side setback of a corner lot is on the side opposite of the lot frontage without the address.
4. Whenever the wall of any building, principal or accessory, exceeds 50 feet in length adjacent to the side lot line of a residential zoning district, the required setback for the building must be increased by 1 foot for each 10 feet of wall length or fraction thereof beyond 50 feet, provided that the required setback need not exceed 50 feet.
5. For nonconforming lots see Section 1114.0400.
D. Rear Setbacks.
1. Rear setbacks extend the full width of the lot and are measured from the rear lot line.
2. The rear setback of a lot with more than one lot frontage is on the side of the lot opposite the lot frontage with the address.
E. Permitted Exceptions to Setback Standards.
The following features may project in required setbacks to the extent indicated:
1. Sills, belt courses, cornices, eaves and ornamental features not to exceed 12 inches;
2. Satellite dishes are allowed within rear setbacks, subject to the standards of Section 1105.0700;
3. Terraces, uncovered porches and ornamental features that do not extend more than 3 feet above the ground, provided they are set back at least 2 feet from side lot lines;
4. Enclosed balconies, enclosed fire escapes, accessibility ramps, accessibility lifts, unenclosed porches or metal awnings may project into a front or rear setback by up to 10 feet, or into a side setback for up to 3 feet, provided that a porch with jalousies or windows will be considered an enclosed porch (see Sec. 1111.1801D for enclosure of front porches); and
5. Enclosed vestibules containing not more than 40 square feet may project into a front setback by up to 4 feet.
(Ord. 170-04. Passed 3-23-04.)
6. Air conditioner condensing units may be placed within the required side yard setback but must be setback at least one (1) foot from the side lot line.
(Ord. 589-07. Passed 9-4-07.)
7. Whenever a lot abuts upon or adjoins an alley, one half of the alley width may be considered as a portion of the required rear yard setback.
8. The Plan Director may grant further exceptions to setback standards where the setback is needed to accommodate a person's disability for accessibility ramps and accessibility lifts.
(Ord. 198-11. Passed 4-19-11; Ord. 193-16. Passed 5-24-16.)
1106.0206 Height.
A. Measurement. Building height is measured as the vertical distance from grade at the base of the structure to:
1. The highest point of the coping of a flat roof;
2. The deck line of a mansard roof; or
3. The mean height between eaves and ridge for gable, hip and gambrel roofs.
B. Exceptions.
1. Except as specifically provided herein, the height limits of this Zoning Code do not apply to: chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, lighthouses, solariums, steeples, penthouses for mechanical equipment (e.g., elevators), stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, wireless, television or radio towers or necessary mechanical appurtenances.
2. The limitation on number of stories does not apply to buildings used exclusively for storage purposes.
3. Public, semi-public or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding 60 feet and religious assembly structures may be erected to a height not exceeding 75 feet when the required side and rear setbacks are each increased by one foot for each foot of additional building height above the height limit of the underlying zoning district.
(Ord. 170-04. Passed 3-23-04.)
1106.0207 Building Coverage.
Building coverage refers to the total area of a lot covered by buildings or roofed areas, as measured along the outside wall at ground level, and including all projections, other than open porches, fire escapes, canopies and the first 3 feet of a roof overhang. Ground-level parking, open recreation areas, courtyards, patios and plazas are not to be counted as building coverage.
(Ord. 170-04. Passed 3-23-04.)
1106.0208 Distances for Spacing Requirements.
Unless otherwise specified, separation distances between a proposed use and an existing use or district are measured from property line to property line by the shortest distance. For leased space in multi-tenant properties, the measurement shall be from the outer boundaries of the leased space.
(Ord. 170-04. Passed 3-23-04.)
1106.0301 Applicability.
More than one principal building shall be allowed on a lot when all of the buildings are intended to be operated as a single enterprise and the lot and all portions of it are owned, leased, or under option by a single entity. This applies to the CD, CM, RM12, RM24, RM36, IL, IG, IP and IC zoning districts. Additionally, in CD and CM zoning districts, fifty percent (50%) or more of each buildings' floor area must be for residential use. More than one principal building on a lot in other zoning districts is allowed only in a Planned Unit Development (PUD).
(Ord. 294-21. Passed 5-25-21.)
1106.0302 Intensity and Dimensional Standards.
A. All of the intensity and dimensional standards of the base zoning district shall apply, provided that all buildings shall be separated by a minimum of 10 feet, or as required by the Building Code.
B. In any Residential District no more than 40 percent of the gross parcel acreage shall be devoted to coverage by buildings, street pavement, motor vehicle driveway pavement and parking area pavement.
(Ord. 170-04. Passed 3-23-04.)
1106.0303 Review Procedures.
A proposal to place multiple buildings on a lot shall be subject to the Major Site Plan Review procedures of Section 1111.0800.
(Ord. 170-04. Passed 3-23-04.)
1106.0304 Review Criteria.
A. The regulations and standards in this Zoning Code shall apply as appropriate to the project. Where no applicable regulations or standards can be determined the issues to be considered by the Plan Commission shall include the size and placement of buildings; the location of drives and parking; landscaping and screening; and the circulation of pedestrians and traffic, particularly as it relates to ingress, egress, traffic flow and safety.
B. The necessity for platting to achieve orderly development shall also be considered. Other items that affect adjoining properties may also be reviewed.
(Ord. 170-04. Passed 3-23-04.)
1106.0401 Review.
Any reduction under this section must be applied for and reviewed under the Major Site Plan review provisions of Section 1111.0800, unless the development is subject to Special Use review or an Institutional Master Plan, in which case review of a proposed reduction under this section shall be conducted under that procedure.
(Ord. 170-04. Passed 3-23-04; Ord. 287-20. Passed 8-11-20.)
1106.0402 Reduction and amenities.
The minimum lot area required for multi-dwellings in the CM district shall be reduced by 100 square feet in the CM district for the guaranteed provision of each of the following amenities:
A. Provision of all required off-street parking spaces in an on-site multi-story garage.
B. Devoting the ground floor to commercial uses and establishing residential dwelling units on all other floors.
C. Second bathroom (full or half) in unit.
D. A washing machine and dryer in each dwelling unit.
E. Use of brick and stone on the building facades that face streets.
F. Child day care facility.
G. Outdoor greenspace or recreational space.
H. Public art or cultural amenity.
(Ord. 170-04. Passed 3-23-04; Ord. 287-20. Passed 8-11-20.)
1106.0403 Bonus Examples.
A. 15,000 square foot CM district platted parcel is allowed a base density of 21 dwelling units (15,000 / 700 = 21.43 or 21 units). The developer will provide two amenities and receives a 200 square foot reduction in minimum lot area per unit to 500 square feet per unit (700 - (100 x 2)). The allowed density is now 30, a bonus of 9 units. The following table shows allowed density for each number of amenities:
No. of Amenities | Minimum Lot Area (sq. ft.) Per Unit | Allowed Units on a 15,000 sq. ft. parcel |
0 | 700 | 21 |
1 | 600 | 25 |
2 | 500 | 30 |
3 | 400 | 37 |
4 | 300 | 50 |
5 | 200 | 75 |
6 | 100 | 150 |
(Ord. 170-04. Passed 3-23-04; Ord. 287-20. Passed 8-11-20.)
1106.0404 Multi-dwelling amenities in CD district.
At least two (2) amenities listed in Sec. 1106.0402 are required for multi-family developments or redevelopments in the CD District. Amenities will be reviewed as part of the required Site Plan Review process. Proposed amenities not included in Sec. 1106.0402 may be reviewed and accepted as a required amenity by the Plan Director. Proposed amenities must improve quality of life for residents and visitors of the multi-family dwelling.
(Ord. 287-20. Passed 8-11-20.)
1106.0601 Ground-Floor Uses.
No off-street parking spaces may be located on the ground floor of any new building, except for attached houses, constructed in the CM District after June 6, 2004, in that portion of the building within 50 feet of the street or place right-of-way.
(Ord. 170-04. Passed 3-23-04.)
1106.0602 Residential Component.
A minimum of 50 percent of the floor area of any new buildings over 25,000 square feet constructed in the CM District after June 6, 2004, must be devoted to residential dwelling units.
(Ord. 170-04. Passed 3-23-04.)
1106.0701 Subdivision Plat Approval Required.
(Ord. 170-04. Passed 3-23-04.)
1106.0702 Architectural Review Committee.
The owners/developers of the property must form an Architectural Committee for the industrial/business park property. At least one member of the Architectural Committee must be a licensed architect. The Architectural Committee must prepare a plan and design guidelines for development within the IF District and review proposed building plans with the district for compliance with those plans and guidelines. Documents establishing the Architectural Committee and proposed design plans and guidelines must be approved as part of the subdivision approval process.
(Ord. 170-04. Passed 3-23-04.)
1106.0801 Maximum Building Height.
35 feet.
(Ord. 170-04. Passed 3-23-04.)
1106.0802 Minimum Required Setbacks.
A. Buildings and off-street parking areas must be set back at least 25 feet from all street and place rights-of-way.
B. Buildings and off-street parking areas must be set back at least 20 feet from side and rear lot lines that abut RS or RD Districts; otherwise, the minimum building and parking area setback from side and rear lot lines is 10 feet.
C. Any playground, sport court or other active recreation area must be set back at least 50 feet from any RS or RD District and at least 25 feet from any other Residential or Commercial District.
(Ord. 170-04. Passed 3-23-04.)
1106.0901 Governed by Institutional Master Plan or Special Use.
Intensity and dimensional standards in the IC District shall be governed by the Institutional Master Plan or Special Use approval, whichever is applicable. Institutional Master Plans and Special Use applications shall contain the applicant's detailed description of the standards proposed to be used within the subject IC District. (See Section 1111.1304E.)
(Ord. 170-04. Passed 3-23-04.)
1106.0902 Exceptions.
Within 150 feet of an abutting Residential, CN or CS District buildings may be erected to a height not exceeding 60 feet when the required side and rear setbacks are each increased by one foot for each foot of additional building height above the height limit of the abutting zone district.
(Ord. 170-04. Passed 3-23-04.)