This title shall be known as the "Toledo Zoning Ordinance."

(Ord. 1286 § 1 (part), 2001)

A.

As used in this title any gender reference refers to all genders and the singular includes the plural and the plural includes the singular.

B.

The following words and phrases, unless the context otherwise requires, shall mean:

"Abut" means contiguous to or immediately joining. For example, two lots with a common property line are considered to be abutting.

"Access" means the way or means by which pedestrians and vehicles enter and leave property.

"Accessory dwelling unit" means an interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single unit attached dwelling.

"Accessory structure or use" means a structure or use incidental and subordinate to the main use of the property and which is located on the same lot with the main use, including a home occupation. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.

"Alley" means a public way of not over twenty (20) feet wide providing a secondary means of access to private property.

"Alter" means any chance, addition, or modification in the construction of a building or structure.

"Apartment house." See Multi-unit dwelling.

"Assembly plants" refers to establishments, which produce finished or semi-finished products from manmade, secondary or partially completed materials. Products may be for wholesale trade, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on-site, but if done, such uses may not exceed twenty-five (25) percent of the total floor area of the building or buildings in which the assembly plant operates. Assembly plants will be fully enclosed and may include office space as an accessory use.

"Auto body shop" means an establishment primarily engaged in the repair of automotive tops, bodies and interiors, or automotive painting and refinishing.

"Auto wrecking yard" means an area used for the dismantling and/or wrecking of used motor vehicles, machinery, or trailers, or the storage or sale of dismantled, obsolete, or wrecked motor vehicles, machinery, or trailers or their parts or the storage of motor vehicles unable to be moved under the power of the vehicle.

"Automobile service station" means a building or portion thereof and land used for dispensing automobile fuel, oil, accessories, and minor vehicle repairs. When the dispensing sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

"Bed and breakfast facility" means a single unit detached dwelling or part thereof occupied by the proprietor with no more than five guest rooms and where traveler's accommodation and meals are provided for a fee on a daily or weekly room rental basis, not to exceed thirty (30) consecutive days.

"Beverage production" refers to manufacturing facilities including bottling plants, breweries, coffee roasting, soft drink production and wineries. This does not include milk processing or production. Accessory uses may include an eating or drinking establishment or retail sales of beverages produced on-site.

"Boarding, lodging, or rooming house" means a building where lodging with or without meals is provided for compensation for not less than five nor more than ten (10) guests.

"Building" means a structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

"Cannabinoid concentrate" means a substance obtained by separating cannabinoids from marijuana by:

1.

A mechanical extraction process; or

2.

A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol.

"Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated.

"Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana by:

1.

A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane:

2.

A chemical extraction process using the hydrocarbon-based solvent carbon dioxide if the process uses heat or pressure; or

3.

Any other process identified by the state liquor control commission, in consultation with the authority by rule.

"Cannabinoid product" means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair that contains cannabinoids or dried marijuana leaves or flowers.

"Child" means a human being under thirteen (13) years of age.

"Child day care center" means a facility which provides child care and/or educational services prior to the first grade level for thirteen (13) or more children, or for twelve (12) or fewer children in a facility other than the single unit detached dwelling of the provider and complies with the rules and regulations established by the State of Oregon Children and Families Services Division.

"Child day care home" means a facility which provides child care and/or educational services prior to the first grade level for twelve (12) or fewer children in the single unit detached dwelling of the provider. If the child day care home provides service in compliance with the Oregon Children and Families Services Division, child care ratios such that no employees are required, and the facility is located in a residential zone, the child day care home shall be regulated as a home occupation. Child day care homes of all sizes shall comply with the rules and regulations established by the State of Oregon Children and Families Services Division.

"City" means the city of Toledo, Oregon.

"City manager" means the city manager of the city or designee(s).

"City street" means a public right-of-way which has been dedicated to the public and accepted by the city and created to provide ingress or egress to one or more lots, parcels, areas, or tracts of land, including the terms "street," "highway," "lane," "avenue," "road," or similar designations. For the purpose of Title 17, the term "city street" includes improved public roadways dedicated to the public and accepted by either Lincoln County or the Oregon Department of Transportation. They may or may not be maintained.

"Clear vision area" means a triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the corner intersection of the lot lines to a distance specified in these regulations. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no plantings, walls, structures, or temporary or permanent obstructions exceeding two-and-a-half feet in height measured from the top of the curb.

"Commission" means the city planning commission of the city of Toledo, Oregon.

"Common open space" means an area improved for recreational use or gardening that all owners in the cottage cluster own and maintain in common through a homeowners' association, condominium association, or similar mechanism.

"Comprehensive land use plan" means the plan adopted by the city to serve as a guide to the orderly growth, development, and improvement of the city, including any adopted written text with goals and policies, a diagrammatic map of desired land use allocations, and any amendments to such text and map.

"Conditional use" means a use that is generally in line with the purpose of the zone but which could, if not reviewed, have a significant adverse impact on other properties or uses within the zone beyond that of the uses permitted outright.

"Condominium" means a type of residential development utilizing zero lot lines, individual ownerships of units and common ownership of open space and other facilities, and which are regulated, in part by O.R.S. Chapter 100.

"Cottage" means a detached, single-unit dwelling unit that is part of a cottage housing development and that shall enclose an area of not more than twelve hundred (1,200) square feet.

"Cottage cluster" means a group of three to twelve (12) cottages, arranged around a common open space.

"Cultivation" or "cultivate" means:

1.

All phases of growth of marijuana from seed to harvest; or

2.

Preparing, packaging, or repackaging, labeling, or relabeling of marijuana prior to consumption, or incorporation into a marijuana-infused product.

"Custom manufacturing" means manufacturing of individual, or in small lots, items made according to personal order.

"Development" means any human-induced change to improved or unimproved real estate, including, but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation, and drilling operations. Also includes any action or use on or applied to real property.

"Drive-in use" means an establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles. Restaurant, take-out, or drive-in is separately defined.

"Dwelling unit" means a building, or a portion thereof that has independent living facilities including provisions for sleeping, cooking, and sanitation, and that is designed for residential occupancy by a group of people.

•

"Duplex" means two dwelling units on a lot or parcel in any configuration. In instances where a development can meet the definition of a duplex and also meets the definition of a primary dwelling unit with an accessory dwelling unit (ADU), the applicant shall specify at the time of application review whether the development is considered a duplex or a primary dwelling unit with an ADU.

•

"Triplex" means a single detached building containing three dwelling units. All dwelling units are located on a single lot, except where a land division has been approved.

•

"Fourplex" means a single detached building containing four dwelling units. All dwelling units are located on a single lot, except where a land division has been approved.

"Easement" means the grant of a right-of-way use for a specific purpose, such as an easement for utility purposes across a parcel of land.

"Eating or drinking establishments" means retail establishments selling food and drink for consumption on the premise, including lunch counters and refreshment stands selling prepared foods and drinks for immediate on-site consumption. This term includes restaurants where food and drink are prepared, served, and consumed primarily within the principal building. It also includes a retail food establishment which is any fixed facility in which food or drink is offered or prepared primarily for retail trade.

"Employees" means all persons, including proprietors, working on the premises.

"Floor area" means the area included in surrounding walls of a building or portion thereof, exclusive of vent shafts and courts.

"Food production" refers to manufacturing establishments producing or processing foods for human consumption, including: bakery products, candy and confectionary products, catering services separate from stores or restaurants, dairy products, fruit and vegetable canning, preserving and related processing, grain mill products and by-products, seafood processing and canning, and miscellaneous food item preparation from raw products. This does not include: meat packing plants other than seafood processing and canning, slaughterhouses or rendering plants. May include an eating or drinking establishment as an accessory use.

"Garage, parking" means a structure, or part of a structure, used to store cars primarily on a short term basis, with or without a fee.

"Garage, private" means an accessory building or portion of a main building, including a carport, which is used for the parking or storage of privately owned vehicles, boats, and trailers of the person resident upon the premises and in which no business, service, or industry related to motor vehicles is carried on.

"Garage, public" means a public or commercial garage is a building or part of a building or space used for business or commercial purposes used principally for the repair, equipping, and care of motor vehicles and where such vehicles may be parked or stored.

"Grade (ground level)" means the average of the finished ground level at the center of all walls of the building. In case walls are parallel to and within five feet of a sidewalk, the aboveground level should be measured at the sidewalk.

"Height of building" means the vertical distance from the grade to the highest point of the roof.

"Historical resources" means a district, site, structure, or artifact which has a significant relationship to events or conditions of the human past.

"Home occupation" means an occupation carried on within a dwelling by residents occupying the dwelling with no servant, employee, or other persons being engaged at the home occupation site, provided the residential character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance or manifest any characteristic of a business in the ordinary meaning of the term unless specifically authorized by the zoning code or infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes. A city of Toledo business license is required for all home occupations.

"Hospital" means an establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical, or surgical care and nursing service on a continuous basis.

"Hostel" means a single building containing a single dwelling unit where four individuals but not more than twenty (20) individuals may live for not more than thirty (30) continuous days. A hostel may be occupied and managed by a manager in addition to the four to twenty (20) persons renting facilities.

"Hotel/motel" means a building or group of buildings with six or more guest rooms that provide lodging to the public for compensation.

"Impact" means the consequences of a course of action; the effect of a goal, guideline, plan, or decision.

"Kennel" means a lot or building used for a business or residence in which four or more dogs, cats, or other domestic animals at least four months of age are kept and where such animals are kept commercially for board, propagation, training, or sale. A kennel does not include an agricultural use such as cattle grazing on land in the natural resource zone.

"Landscaping" means any combination of living plants such as trees, shrubs, plants, vegetative ground cover or turf grasses, and may include structural features such as walkways, fences, benches, plazas, works of art, reflective pools, fountains, or the like. Landscaping also includes the preservation and protection of existing vegetation. Bark, wood chips, rock or other similar material surrounding plants can also be considered a part of the landscaping.

"Limited manufacturing" refers to processing and manufacturing operations which are fully enclosed and are primarily engaged in the on-site production of the following:

1.

Hand-manufactured goods involving the use of hand tools or domestic mechanical equipment. Products may be finished or semi-finished and are made individually or in small lots. Typical products include: art, sculpture, pottery, jewelry, toys, candles, woodwork, custom textile products and similar artisan goods. Retail sale or display of goods produced on-site may be included as a subordinate accessory use.

2.

Manufacturing or assembly of precision items or professional instruments. Typical products include: measuring, analyzing or controlling instruments, electronic components, medical and dental supplies, computers and musical instruments, commercial fishing gear manufacturing, including but not limited to; crab pot manufacturing, net and ground gear manufacturing/construction. Retail sale or display of goods produced on-site may be included as an accessory use.

"Live work accessory dwelling unit" means an interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a commercial use with an active business license.

"Loading space" means an off-street space within a building or on the same lot with a building for the temporary parking of a commercial vehicle or truck while loading or unloading merchandise or material.

"Lot" means a unit of land that is created by a partition or a subdivision of land defined by the Toledo land division ordinance.

"Lot area" means the total horizontal area within the lot lines of a lot.

"Lot, corner" means a lot abutting on two intersecting streets other than an alley, provided that the streets do not intersect at an angle greater than one hundred thirty-five (135) degrees.

"Lot, frontage" means the portion of the lot nearest the street and from which access is obtained.

"Lot, interior" means a lot other than a corner lot.

"Lot line" means the property line bounding a lot.

"Lot line, front" means in the case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a corner lot, the owner shall choose the lot line, approved by staff, which is along a street other than an alley.

"Lot line, rear" means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or other shaped lot, a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line.

"Lot line, side" means any lot line not a front or rear lot line.

"Low intensity recreation" means recreational facilities with limited infrastructure and predominant open space. Examples include: bike and pedestrian paths, viewpoints and fishing areas. Low intensity recreation does not include: campgrounds, playgrounds, sports fields, basketball courts or other high-use facilities.

"Lot of record" means a lot shown as part of a recorded subdivision or approved partition map; or any parcel of land described by metes and bounds in a recorded deed, record of survey, or other appropriate document recorded in the office of the county clerk prior to the adoption of the original partition and subdivision ordinance. No lot or parcel of land created without complying with the provisions of the land division requirements of the State of Oregon and the city land division ordinance is recognized as a lot of record.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of applicable non-elevation design requirements of this chapter.

"Machine shops and fabrication" refers to establishments primarily engaged in the assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops. Products may include: metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates and similar products.

"Manufactured dwelling" means:

1.

"Manufactured home." A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction.

2.

"Mobile home." A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962 and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction.

3.

"Residential (travel) trailer." A structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962.

"Manufactured home park" means any place where four or more manufactured dwellings are located within five hundred (500) feet of one another on a lot, tract, or parcel of land under the same ownership, the primary purpose of which is to rent or lease space for manufactured homes for a charge or fee paid or to be paid for the rental, lease or use of the facilities, or to offer free space in connection with securing the trade or patronage of such uses.

"Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae, and the seeds of the plant Cannabis family Cannabaceae. "Marijuana" does not include industrial hemp, as defined in ORS 571.300.

"Marijuana items" means marijuana, cannabinoid products, cannabinoid concentrates, and cannabinoid extracts.

"Marijuana laboratory" means a laboratory that performs testing, research or development of recreational marijuana or marijuana items for producer, processor, wholesaler, or retail licensees.

"Marijuana processor" means a recreational marijuana processor who holds a processor license issued by the state liquor control commission, to process, compound or convert marijuana into products, concentrates or extracts, but does not include packaging or labeling, for the premises at which marijuana items are processed.

"Marijuana producer" means a recreational marijuana producer who holds a production license issued by the state liquor control commission, to manufacture, plant, cultivate, grow or harvest of marijuana, for the premises at which the marijuana is produced.

"Marijuana retailer" means a recreational marijuana retailer who holds a retail license issued by the state liquor control commission, for retail sale of marijuana or marijuana items, for the premises at which marijuana items are sold.

"Marijuana wholesaler" means a recreational marijuana wholesaler who holds a wholesale license issued by the state liquor control commission, for purchase of marijuana items for resale to a person other than a consumer, for the premises at which marijuana items are received, kept, stored or delivered.

"Medical clinic" means a building or structure whose primary purpose is housing practitioners for the medical and dental treatment of persons.

"Medical marijuana dispensary facility" means a medical marijuana facility registered by the Oregon Health Authority under ORS 475.300 to ORS 475.346 and that sells, distributes, transmits, gives, dispenses or otherwise provides medical marijuana to a registry identification cardholder or the designated primary caregiver of a registry identification cardholder.

"Medical marijuana grow site" means a specific location registered by the Oregon Health Authority and used by a grower to produce marijuana for medical use by a specific patient.

"Middle housing" means the following housing types: duplexes, triplexes, fourplexes, townhouses, and cottage clusters.

"Mini-storage" means buildings or other structures with multiple, self-contained units which are intended to be rented or leased to individual parties for the purpose of small-scale storage or sheltering of personal goods, household items, vehicles, and similar items of personal property.

"Modular home" means a structure for residential use that has sleeping, cooking, and plumbing facilities, and is constructed off-site in compliance with the Uniform Building Code (Oregon State Structural Code) and designed to be transported to a site for installation and/or assembly of modular components to form a permanent structure.

"Multi-unit dwelling" means two or more dwelling units on one property or development site, attached or detached, including a building or collection of buildings.

"Nonconforming structure or use" means a lawful structure or use at the time this code or any amendment to it becomes effective and which does not conform to the requirements of the zone in which it is located. A nonconforming structure and a nonconforming use may be present simultaneously on one piece of real property.

"Parcel" means a tax lot created by the division of land.

"Parking lot, public" means an open, off-street area used for the temporary parking of more than three automobiles and available for public use, with or without charge, or as accommodation for clients and customers.

"Persons" means every natural person, firm, partnership, association, or corporation.

"Planned development" means the development of an area of land as a single entity for a number of dwelling units or a number of uses, according to a plan which allows flexibility in lot size, bulk or type of dwelling, density, lot coverage, or required open space to the regulations otherwise required by the city of Toledo zoning ordinance. It is intended to encourage variety in the development pattern of the city and to encourage creative approaches to land development. It is further intended to provide for the general well-being of future inhabitants and the surrounding neighborhood by planning around geologic hazards, providing a safe and efficient transportation network, assuring privacy and open space, maintaining health and safety and enhancing the overall livability of the area.

"Porch/deck, unenclosed" means an unenclosed porch/deck that does not contain additional walls excluding the house wall and is characterized by open railing or enclosed railing not to exceed forty-five (45) inches in height.

"Prefabricated dwelling unit" means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site and is used as a dwelling unit. A prefabricated dwelling unit does not mean a "manufactured dwelling" (a dwelling built to federal HUD standards) as defined in ORS 446.003, or a "small home" (four hundred (400) square feet or less built to a residential code) as defined in ORS 455.616 (referenced as "Section 2, Chapter 401, Oregon Laws 2019" or House Bill 2423 (2019)).

"Processing and manufacturing operations" refers to operations primarily engaged in the mechanical or chemical transformation of materials or substances into new products.

"Public right-of-way" means an easement for access dedicated to the public, the city, or other governmental entity and accepted as such which may or may not be developed and maintained by the city of Toledo.

"Public safety services" means a safety service such as fire suppression, police protection, or emergency medical response, intended as a service to the public that may be operated by a governmental body/agency or a private corporation.

"Public use" means services, structures or facilities that enhance the livability and quality of life, including physical, social and economic welfare, for the general public, or the proposed use provides for the use, protection, preservation, conservation, or enhancement of parks, natural areas, and similar areas in a manner that meets community needs for a wide range of passive or active recreational uses. Examples of a "public use" includes parks, camp grounds, playgrounds, sports fields, basketball courts, open spaces, and other areas used for low intensity recreation, structures to provide public safety services, water storage tanks, water or wastewater treatment facilities, utility substations, communication services, schools, and public transportation facilities.

"Recreational marijuana" means any marijuana intended for recreational use which meets all requirements for recreational marijuana contained in this chapter, state law, and any other applicable law.

"Recreational marijuana facility" means any recreational marijuana related facility, including marijuana producer, marijuana processor, marijuana wholesaler, marijuana retailer, and marijuana laboratory.

"Recreational vehicle" means a vehicular-type living unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Type of recreational vehicles include, but are not limited to, travel trailer, camping trailer, camper, camping van, and motor home.

"Recreational vehicle park" means a plot of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles as temporary living quarters for recreation or vacation purposes (not more than thirty (30) days out of any sixty (60) day period).

"Religious use/institution" means a building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses commonly associated with a religious use or use of a building such as concerts, holiday related sales, bake sales, rummage sales, meetings, religious instruction, community related events, and other such uses.

"Research and development (R&D)" refers to facilities exclusively used for research, development and/or testing of innovative information, concepts, methods, processes, materials, or products. This can include the design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. The accessory development, fabrication, and light manufacturing of prototypes, or specialized machinery and devices integral to research or testing may be associated with these uses. Such uses may be located individually, in a business park, or in a flex-space. R&D uses will be fully enclosed, may include office space as an accessory use, and have minimal transportation system impacts.

"Residential care facility" means any private or public institution or facility maintained and operated for the care, boarding, housing, training, or rehabilitation of six or more physically, mentally, or socially handicapped or delinquent, elderly, or drug or alcohol dependent persons in one or more buildings on contiguous properties. See ORS Chapter 443.

"Residential care home or group home" means any privately-owned or public institution-owned home that is maintained and operated for the care, boarding, housing, or training of five or fewer physically, mentally, or socially handicapped or delinquent, elderly or dependent persons by a person who is not the parent or guardian of, and who is not related by blood, marriage, or legal adoption of such persons. These homes are regulated the same as single-dwelling unit detached. See Oregon Revised Statutes Chapter 443.

"Residency hotel" means a building or group of buildings in which lodging, with or without cooking facilities, is available to owners or transient guests for rent, trade, exchange, or other compensation for a period of less than thirty (30) days. Tenancy will be less than from month-to-month. More than twenty-five (25) percent of the lodging rooms or units may be used or are available for residential use or rental for residential purposes on a month-to-month tenancy or a lease or rental agreement for periods of thirty (30) days or more.

"Restaurant, take-out or drive-in" means an establishment where food and/or beverages are sold in a form ready for consumption which takes place or is designed to take place outside the confines of the restaurant building or site, and where ordering and pickup of food takes place from a vehicle.

"Right-of-way" means a strip of land within which there is located a passageway conveyed for a specific purpose.

"Salvage/junk yard" means any property used by a business that deals in buying and selling old motor vehicles, old motor vehicle parts, machinery or parts thereof, appliances, or parts thereof, scrap metal, or other discarded material.

"Scrap metal and transfer facility" means a place/structure where metal goods and materials which are used, worn out, cast out, or discarded are stored on a short-term basis for the purpose of reclamation and/or recycling of the metal before transfer to another facility.

"School" means any building or part thereof which is designed, constructed, or used for education or instruction in any branch of knowledge.

"Security dwelling" means a single unit detached dwelling or a dwelling unit as part of a building which is an accessory use to the main use of the property and which is either located on the same lot with the main use or as part of the main building to provide housing for security personnel, caretakers, employees, and/or owners.

"Setback" means the minimum allowable horizontal distance from a given line of reference (usually a property line) to the nearest foundation line or vertical wall, whichever is closer, of a structure. An architectural feature of the structure shall not project more than two feet into the required setback. Where architectural features project more than two feet into the allowable setback area, the distance shall be measured from the reference line to the architectural feature.

"Sign" means a presentation or representation, other than a house number, by words, letters, figures, designs, pictures, or colors, publicly displayed so as to give notice relative to a person, a business, an article or merchandise, a service, an assemblage, a solicitation, or a request for aid or other type of advertising. This includes the board, metal, or surface upon which the sign is painted, included, or attached.

"Single-room occupancy (SRO) development" means a building with no less than four attached but separate single-room occupancy units and shared kitchen or food preparation facility(ies). Sanitary facilities (bathrooms) may be shared or may be provided within or between SRO units. See definition for a single-room occupancy unit.

"Single-room occupancy (SRO) unit" means an area within an SRO Development that is independently rented and lockable and provides living and sleeping space for the exclusive use of the unit occupant(s). The living and sleeping space may or may not include sanitary facilities. See definitions for SRO development.

"Single unit detached dwelling" means a single detached building containing one dwelling unit on a lot. This includes prefabricated dwelling units and modular homes. Dwelling units on individual lots that are part of a cottage cluster are not single-dwelling unit detached for the purposes of this code.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement, cellar, or garage is more than six feet above grade, such basement, cellar, or garage shall be considered a story.

"Street" means the entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities. Street shall include the terms "road," "highway," "lane," "place," "avenue," "court," "way," or other similar designations.

"Structure" means a building of any kind or any piece of work artificially built up or composed of parts joined together in some manner and which requires location on the ground or which is attached to something having a location on the ground.

"Structural alteration" means any change to the supporting members of a building including foundations, bearing walls or partitions, columns, beams, or girders, or roof.

"Tower" means a structure situated on a nonresidential site that is intended for transmitting or receiving television, radio, or telephone communications, excluding those used exclusively for dispatch communications.

"Trailer, house" means a building or single-wide vehicle originally designed or presently constructed to be used as a dwelling or lodging place for recreational uses and to be movable from place to place over streets.

"Trailer park" means a plot of ground upon which one or more house trailers occupied for dwelling or sleeping purposes are located, regardless of whether a charge is made for such accommodations.

"Transportation facilities" means a physical facility used to move people and goods from one place to another (i.e., streets, sidewalks, pathways, bike lanes, transit stations, bus stops, etc.).

"Transportation improvements" means a transportation facility improvement to include, but are not limited to:

1.

Normal operation, maintenance, repair, and preservation activities associated with existing transportation facilities.

2.

Installation of culverts, pathways, medians, fencing, guardrails, lighting, and similar types of improvements within the existing right-of-way.

3.

Projects specifically identified in the city's adopted transportation system plan.

4.

Landscaping as part of a transportation facility.

5.

Emergency measures necessary for the safety and protection of property or the public.

6.

Construction of a street or road as part of an approved subdivision or partition consistent with the city's adopted transportation system plan.

7.

Construction of a street or road as part of an approved subdivision or land partition approved in accordance with the applicable land division ordinance.

"Truck and car repair and service - minor" means the general repair and servicing of automobiles and passenger trucks (of eleven thousand (11,000) lbs. gvw or less) excluding industrial vehicles.

"Truck and car repair and service - major" means the general repair and servicing of automobiles and trucks including industrial vehicles.

"Use" means the purpose for which land or a structure is designed, arranged, or intended, or for which it is occupied or maintained.

"Visual screening" means a barrier, natural or man-made, that blocks the view into a property.

"Water-dependent development" means development activity that can only be carried out on, in, or adjacent to the water because the use requires access to the water body for transportation, recreation, energy production or source of water.

"Water-related development" means a use which derives a cost savings advantage, not associated with land costs or rent, from a location on or near the water or a use whose location on or near the water is essential to the functioning of adjacent water-dependent uses.

"Yard" means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this chapter. FRONT: A yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the building. REAR: A yard extending between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the main building. SIDE: A yard between a building and the side lot lines measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the building.

(Ord. 1286 § 1 (part), 2001; Ord. 1307 §§ 1—3, 2005; Ord. No. 1345, § 1, 11-7-2012; Ord. No. 1355, § 8, 9-17-2014; Ord. No. 1357, § 1, 11-19-2014; Ord. No. 1360, § 1, 2-3-2016; Ord. No. 1364, § 2, 11-2-2016; Ord. No. 1381, § 1, 2-5-2020; Ord. No. 1398, §§ 2, 3, 10-6-2021; Ord. No. 1430, §§ 1—3, 5-7-2025)

A.

No building, structure, or premise shall hereafter be used or occupied and no building or part thereof shall be erected, moved, reconstructed, extended, enlarged, or altered contrary to the provisions of this chapter.

B.

Each use permitted either outright or conditionally in any of the zones in this chapter includes the accessory uses which attach to that main use, and both the main use and all accessory uses shall be considered in any application or proceeding under this chapter.

C.

No lot area, yard, or other open space, or required off-street parking or loading area existing on or after the effective date of this ordinance [from which this chapter derived] shall be reduced in area, dimension, or size below the minimum required by this chapter, or shall any lot area, yard, or other open space or off-street parking or loading area which is required by this chapter for one use be used as the lot area, yard, or other open space or off-street parking or loading area requirement for any other use.

(Ord. 1286 § 1 (part), 2001)

For the purposes of this chapter the city is divided into zones designated as follows:

(Ord. 1286 § 1 (part), 2001; Ord. No. 1430, § 4, 5-7-2025)

A.

The location and boundaries of the zones designated in Section 17.04.040 are established as shown on the map entitled "Comprehensive Plan and Zoning Map of the City of Toledo" dated with the date of adoption and signed by the mayor and city recorder and hereafter referred to as the "zoning map."

B.

The signed copy of the zoning map shall be maintained on file in the office of the city manager and is hereby made a part of this chapter.

C.

Unless otherwise specified, zone boundaries are lot lines or the center line of streets, alleys, railroad right-of-way, or such lines extended. Where a zone boundary divides a land parcel under a single ownership into two zones, then the entire parcel shall be zoned for the less restrictive use by the adjustment of the boundaries, provided the boundary adjustment is a distance of less than twenty (20) feet. If the adjustment involves a distance of more than twenty (20) feet, the procedure for a zone change shall be followed.

D.

Territory annexed to the city shall be given a zone designation in compliance with the comprehensive land use plan designation of the property. Such change may be entirely or partially carried out as a part of the annexation proceedings. The zone designation under the zoning ordinance of Lincoln County shall apply until changed by the city. If the city council finds it is important to the protection or implementation of city, policies, with notice and opportunity to be heard, interim regulations may be applied in the annexed area until more permanent action can be taken.

E.

Planned developments shall be allowed outright without requiring an overlay zone.

F.

Any reference to single-family residential shall be considered standard residential.

(Ord. 1286 § 1 (part), 2001; Ord. No. 1430, §§ 5, 6, 5-7-2025)

The land use application/permit procedures referenced in this zoning ordinance (Title 17) are to be followed according to the criteria set forth by ordinance in Title 19 of the municipal code by the city council.

(Ord. 1286 § 1 (part), 2001)