The purpose of this chapter is to provide flexibility to development standards in recognition of the complexity and wide variation of site development opportunities and constraints in Toledo. The variance procedures are intended to provide flexibility while ensuring that the purpose of each development standard is met. Because some variances are granted using "clear and objective standards," and the impact, if any, on adjacent property owners is negligible, they can be granted by means of a Type I procedure. Other variances, as identified below, require a Type II or Type III procedure because they involve discretionary decision-making or the potential for more substantial changes that may have some impact on the adjacent property owners.

(Ord. 1286 § 1 (part), 2001)

Three types of variances shall be allowed under the zoning regulation:

A.

A "Class A" variance is a variance requiring staff level approval only and is intended to apply to situations where the exercise of discretion by staff is minimal because the factual situation is relatively straightforward. A Class A variance is reviewed through a Type I procedure and a decision on the Class A variance is the final decision of the city.

B.

A "Class B" variance is a variance requiring staff level approval and is intended to apply to situations which require a greater exercise of discretion and in which the factual situation is complex. A Class B variance is reviewed as a Type Il procedure and a decision on the Class B variance may be appealed to the planning commission.

C.

A "Class C" variance is a variance requiring planning commission approval and is intended to apply to situations in which the exercise of discretion is greater and the factual situation may be complex. A Class C variance is reviewed as a Type III procedure and a decision on the Class C variance may be appealed to the city council.

(Ord. 1286 § 1 (part), 2001)

After determining that the applicable conditions exist, the city manager shall grant a request for a variance to the following ordinance requirements.

A.

Class A—Variance to Front Yard setback Requirements. In the case of residential dwellings, the following variance to the front yard setback requirement is authorized for a lot in any zone: If there are dwellings on both abutting lots with front yards of less than the required depth for the zone, the front yard for the lot need not exceed the average front yard of the abutting dwellings. If there is a dwelling on one abutting lot with a front yard of less than the required depth for the zone, the depth of the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth.

B.

Class A—Variance to Building Height Limitations. A variance for the following types of structures or structural parts from the building height requirements of this ordinance are allowed as long as they do not exceed fifty (50) feet from grade: chimneys, cupolas, tanks, church spires, belfries, domes, derricks, monuments, fire and hose towers, observation towers, transmission towers, smokestacks, flagpoles, radio and television towers, masts, aerials, cooling towers, water towers, elevator shafts, windmills, conveyors, and other similar projections.

C.

Class A—Variance for Home Occupation Employees. Home occupations do not allow for on-site employees. A variance from this provision would allow up to one full-time equivalent employee (forty (40) hours per week). An off-street parking space must be available to the employee. There can only be one employee on-site at a time. A site plan and employee schedule must be part of the application. Full-time equivalent employee does not include contract service workers that are not specifically required for the home occupation, such as, but not limited to, contractors, house cleaning, handyman, and landscapers.

D.

Class A—Variance to Front Yard Setback for Unenclosed Porches/Decks. A variance for unenclosed porches/decks is allowed for intrusion into an established front yard setback of up to seven feet as long as there is no encroachment into a public utility easement.

(Ord. 1307 § 38, 2005; Ord. 1286 § 1 (part), 2001)

A.

Class B—Variance to Setbacks. A variance to the front yard setback requirement of up to five feet and for any other setback up to fifty (50) percent is authorized as follows:

1.

For residential zones, a majority of houses on an existing block have front yard setbacks of less than the required depth and the number of vacant lots does not exceed twenty (20) percent of the total lots on the block, or

2.

The topography of the lot, such as steep slopes or the location of a natural drainage source such as an intermittent stream, makes it difficult to build to the yard setback requirement, or

3.

The variance would allow the preservation of an existing tree(s) or other natural resource, and

4.

The variance would not create any public safety issues such as a clear-vision problem.

B.

Class B—Variance to Vehicular Access and Circulation Standards. Where vehicular access and circulation cannot be reasonably designed to conform to code standards within a particular parcel, shared access with an adjoining property shall be considered. If shared access in conjunction with another parcel is not feasible, the city may grant a variance to the access requirements after finding the following:

1.

There is not adequate physical space for shared access, or the owners of abutting properties do not agree to execute a joint access easement,

2.

There are no alternative access points on the street in question or from another street,

3.

The request is the minimum adjustment required to provide adequate access,

4.

The approved access or access approved with conditions will result in a safe access, and

5.

The clear-vision requirements will be met.

C.

Class B—Variance to Parking Requirements. Variances to the municipal parking requirements are authorized in the commercial, light industrial, and industrial zones of up to twenty (20) percent of the required off-street parking if:

1.

Topographical conditions exist on the lot such as steep slopes, location of natural drainage course, or high groundwater table, or

2.

The variance would allow the preservation of trees or other natural resource, and

3.

Adequate setbacks, clear vision, access, and compliance with the Americans with Disabilities Act requirements are assured, and

4.

The proposal comes as close to meeting ordinance requirements as conditions allow.

D.

Class B—Variance to Rebuild a Destroyed Nonconforming Structure. Section 17.56.060 allows rebuilding a partially damaged nonconforming structure as long as it is not made to be more nonconforming. It also precludes the rebuilding of a totally destroyed nonconforming structure. A variance to this section can be applied for and will be evaluated against the following criteria:

1.

Public response;

2.

Livability and effects on adjacent and surrounding properties;

3.

Circumstances pertinent to the property in question that are beyond the control of the applicant;

4.

No other provisions of the municipal codes are violated;

5.

Effected natural resources;

6.

No public safety issues are created;

7.

The requested variance is the minimum necessary.

(Ord. 1307 § 39, 2005; Ord. 1286 § 1 (part), 2001)

A.

Class C—Variance to Lot Size. The planning commission may grant a variance to the minimum lot size requirements in the standard residential and the general residential zones if:

1.

There is a peculiarity in lot configuration for lots of record existing prior to 1982; or

2.

The variance would alleviate an existing nonconforming use or structure; and

3.

Setbacks, clear vision, access and off-street parking requirements are met; and

4.

The variance would not unduly burden city services such as streets, parks, water and sewer; and

5.

The new lot or lots are no less than eighty-three (83) percent of the size required by the ordinance.

B.

Class C—Variance to Building Height. The planning commission may grant a variance to the building height limitation in residential zones if:

1.

The lot size is increased by twenty (20) square feet over the minimum lot size requirement for every five feet or fraction thereof of additional height,

2.

The Toledo fire chief is satisfied that the proposed structure can be adequately protected in case of fire, considering, at least, fire flow, proximity to fire hydrants, access, and limitations of fire fighting equipment, and

3.

The additional building height does not significantly increase shade to neighboring property and does not infringe upon neighborhood privacy.

C.

Class C—Variance to Toledo Public Improvement Requirements and Design Standards. The planning commission may grant a variance to the street standard requirements of the Toledo Public Improvement Requirements and Design Standards if:

1.

The request is in conjunction with a development other than a subdivision or planned development, and

2.

The topography of the subject property or the access way to the property makes the development of the access way to the full standards impracticable because full access way development would require such things as substantial cuts in slope or the filling of a wetland area, and

3.

The property is sufficient size and adequate topography to accommodate the proposed development, and

4.

The width of the access way is sufficient to meet the traffic demands of the development, and

5.

The improved surface is sufficient considering the traffic, necessary drainage, geological and topographical factors affecting construction, long-term maintenance and durability of the surface, and the needs of emergency and utility vehicles, and

6.

The improvements required of the development are roughly proportional to the impact created by the development, and

7.

The Uniform Fire Code standards and all other ordinance requirements are met, unless specifically excepted, including but not limited to parking and clear vision requirements.

D.

Class C—Variance Request to Other Standards or for Variances Greater than those Authorized Under Class A and Class B Variances. The planning commission, before approving an application for a variance to a zoning code requirement not specified above, shall consider the location, size, design and operation characteristics of the proposed development requiring the variance and shall determine whether it complies with one of the following criteria. If the development does not so comply, the commission shall deny the application.

1.

The variance will cause no significant adverse impact of the livability, value, or appropriate development of abutting property or the surrounding area when compared to the impact of permitted development that does not require a variance.

2.

A hardship to development exists which is peculiar to the lot size or shape, topography, sensitive lands, or other similar circumstances related to the property over which the applicant has no control.

3.

The use proposed will be the same as permitted under the code and the requirements of the code will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land.

E.

In addition to compliance with the criteria as determined by the planning commission identified in subsections (A)—(D) above, the applicant must accept those conditions listed below that the commission finds are appropriate to obtain compliance with the criteria.

1.

Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.

2.

Establish a special yard or other open space or lot area or dimension.

3.

Limit the height, size or location of a building or other structure.

4.

Designate the size, number, location or nature of vehicle access points.

5.

Increase the amount of street dedication, roadway width, or improvements within the street right-of-way.

6.

Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading area.

7.

Limit or otherwise designate the number, size, location, height or lighting of signs.

8.

Limit the location and intensity of outdoor lighting or require its shielding.

9.

Require diking, screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.

10.

Designate the size, height, location or materials for a fence.

11.

Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.

12.

Specify other conditions to permit development in conformity with the intent and purpose of the ordinance standards.

(Ord. 1286 § 1 (part), 2001; Ord. No. 1430, § 46, 5-7-2025)

A.

Except as provided in subsection B of this section, authorization of a variance shall be void after one year if a building permit has not been issued or development has not begun.

B.

The authorization may be extended by the planning commission for an additional period of one year if the request is made in writing prior to the expiration of the original authorization.

(Ord. 1286 § 1 (part), 2001)