Label
SUP Scrap and Salvage Facility
5400 N. Detroit Ave.
Title
Granting a Special Use Permit for a Scrap and Salvage Facility for the property located at 5400 N. Detroit Avenue, in the City of Toledo, Lucas County, Ohio; subject to certain conditions and one waiver; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By application (SUP26-0006) filed with the City of Toledo Central Permit Center, a request for a Special Use Permit for a Scrap and Salvage Facility for the property located at 5400 N. Detroit Avenue, in the City of Toledo, Lucas County, Ohio; was submitted to the Toledo City Plan Commission for its review and recommendation.
On April 9, 2026, the Toledo City Plan Commission recommended approval for the request for granting a Special Use Permit for a Scrap and Salvage Facility for the property located at 5400 N. Detroit Avenue, in the City of Toledo, Lucas County, Ohio.
On May 20, 2026, the Toledo City Council Zoning and Planning Committee recommended approval for the request for granting a Special Use Permit for a Scrap and Salvage Facility for the property located at 5400 N. Detroit Avenue, in the City of Toledo, Lucas County, Ohio.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That granting a Special Use Permit for a Scrap and Salvage Facility for the property located at 5400 N. Detroit Avenue, in the City of Toledo, Lucas County, Ohio, be and the same is hereby approved, subject to the conditions contained in Section 2 hereof which must be complied with, as to the property more fully described as follows:
The Property is generally bound by North Detroit Avenue to the west, a light industrial business (New Mather Metals) to the south, railroad tracks to the east and an auto salvage/repair business (Cherry Parts Auto) and Terminal Road to the north. The Property is situated in the City of Toledo, County of Lucas, State of Ohio, and described as follows:
A parcel of land being part of Original Lots 3, 4 and 7 in Fractional Section 12, Town 9 South, Range 7 East in the City of Toledo, Lucas County, Ohio, said parcel of land being bounded and described as follows:
Beginning at the intersection of the centerline of Northgate Parkway (also being the East and
West centerline of said Section 12) with the centerline of Detroit Avenue;
Thence in a Northeasterly direction along said centerline of Detroit Avenue, having an assumed
bearing of North 26 degrees, 00 minutes, 52 seconds East, a distance of 1,333.10 feet to the
intersection of the Northerly line of a parcel of land as described in Volume 1486, Page 95, Lucas County Deed Records;
Thence South 87 degrees, 17 minutes, 14 seconds East along said Northerly line of a parcel of
land as described in Volume 1486, Page 95, Lucas County Deed Records, a distance of 506.40
feet to an angle point in said Northerly line of a parcel of land as described in Volume 1486, Page 95, Lucas County Deed Records;
Thence North 01 degree, 50 minutes, 49 seconds East along said Northerly line of a parcel of
land as described in Volume 1486, Page 95, Lucas County Deed Records, a distance of 85.75
feet to an angle point in said Northerly line of a parcel of land as described in Volume 1486, Page 95, Lucas County Deed Records;
Thence South 88 degrees, 49 minutes, 28 seconds East along said Northerly line of a parcel of
land as described in Volume 1486, Page 95, Lucas County Deed Records, a distance of 908.97
feet to the intersection of the Westerly right-of-way line of Conrail (as it now exists);
Thence South 36 degrees, 35 minutes, 32 seconds West along said Westerly right-of-way line of Conrail (as it now exists), a distance of 2,318.56 feet to the intersection of the Southerly line of a parcel of land as described in said Volume 1486, Page 95, Lucas County Deed Records;
Thence North 88 degrees, 10 minutes, 27 seconds West along said Southerly line of a parcel of
land as described in Volume 1486, Page 95, Lucas, County Deed Records, a distance of 908.24
feet to the intersection of the said centerline of Detroit Avenue;
Thence North 25 degrees, 56 minutes, 56 seconds East along said centerline of Detroit Avenue,
a distance of 657.83 feet to the POINT OF BEGINNING. Subject to legal highways.
EXCEPTING therefrom that part thereof bounded and described as follows:
A part of Original Lot 7 in the Fractional Northeast Quarter of Section 12, Town 9 South, Range 7 East, City of Toledo, Lucas County, Ohio, bounded and described as follows:
Commencing at a 1 inch iron rod found at the intersection of the East-West centerline of said
Section 12 with the centerline of Detroit Avenue;
Thence North 26º 00' 52" East, a distance of 1334.31 feet (recorded as 1333.10 feet) along the
centerline of said Detroit Avenue to a point being South 26º 00' 52" West 230.90 feet of the
Southwest corner of S.R. Titsworth Subdivision as recorded in Volume 53, Page 75 of the Lucas
County Plat Records;
Thence North 01º 42' 29" East, a distance of 85.79 feet along said West line of the Northeast
Quarter of Section 12 to the Southwest Corner or Lot 1 of the Walker Estate Subdivision, a
partition Plat of the Hunt and Forsythe Tracts and of the Southwest Quarter of Section 6, Town 9
South, Range 8 East, City of Toledo, Lucas County, Ohio;
Thence South 88º 44' 59" East, a distance of 906.34 feet along the South line of said Lot 1 of the Walker Estate Subdivision, to a point on the Westerly right of way line of the CSX Railroad;
Thence South 36º 35' 32" West, a distance of 130.98 feet along said Westerly right of way line to a 5/8 inch iron rod set;
Thence North 87º 17' 55" West, a distance of 831.53 feet to the point of beginning; containing
1.930 acres, more or less. Subject to all legal highways.
Parcel Nos. 22-06501, 22-06544, 22-06614 and 22-06654.
SECTION 2. That the approval of the granting of a Special Use Permit for a Scrap and Salvage Facility for the property located at 5400 N. Detroit Avenue, in the City of Toledo, Lucas County, Ohio, be subject to compliance with the twenty-seven (27) conditions as follows:
The following twenty-seven (27) conditions listed by agency of origin. Applicants are encouraged to contact each of the agencies to address compliance with their conditions:
Division of Engineering Services
1. Code Enforcement timeline for proposed new paving shall account for the time needed for the applicant to provide Engineering Plans for stormwater management and a construction SWP3, which will need reviewed and approved by City of Toledo Engineering. The stormwater management requirements are available upon request.
2. Existing catch basins on site are not in the City’s map for connection(s) to our sewer or the creek. Original site utility plan drawings are requested, if available, for copying for the city’s sewer records and infrastructure map/ We use the map to diagnose sinkholes, avoid utility conflicts when repairing the street, investigate system surcharges, and trace pollution discharges to creeks and ditches. If the original drawings do not exist, the existing basins need to be traced out by applicant and reported to the City’s Stormwater Engineer on how they are routed and where they tie into the city system.
3. Future site paving, stormwater management, and catch basin mapping by the applicant shall be followed by the applicant’s updates to their industrial stormwater discharge SWP3. If an update is unfinished as of completion of the construction project, the standard timeline for terminating the construction permit will be extended for completion of the update.
4. Install solid lids on the sanitary sewer manholes located on site.
Division of Environmental Services
5. Applicant shall maintain compliance with the City of Toledo’s Stormwater regulations as specified in the Toledo Municipal Code. Special attention must be paid to all potential storm water impacts from the modification of the site, including but not limited to long-term operation and maintenance of existing structural and non-structural Best Management Practices.
6. Applicant shall determine if the facility and associated activities are eligible for coverage under the Ohio’s Industrial Storm Water permit. Facilities and activities eligible for coverage are identified in Appendix D of the Ohio Multi-Sector General Permit No.: OHR000007. If applicable, your facility should apply for coverage by submitting a Notice of Intent to the Ohio EPA by the end of construction.
7. Applicant shall maintain compliance with Ohio EPA’s General Storm Water NPDES permit programs.
8. Applicant is strongly encouraged to install permanent inlet filters with oil absorbent pillow in parking lot catch basins to treat stormwater.
9. Applicant is strongly encouraged to include multiple green infra-structure measures to minimize runoff and increase infiltration, and to minimize the amount of new and/or additional impervious surface on the site.
10. Applicant is strongly encouraged to plant native, low maintenance and non-invasive trees, shrubs and perennials. Information is at <https://ohiodnr.gov/wps/portal/gov/odnr/discover-and-learn/plants-trees/invasive-plants>; a list of invasive plants and alternative species can be downloaded from https://www.oipc.info/uploads/5/8/6/5/58652481/ alternatives_to_ohio_invasive_plant_species.pdf <https://www.oipc.info/uploads/5/8/6/5/58652481/%20alternatives_to_ohio_invasive_plant_species.pdf>
11. Applicant shall maintain compliance with the City of Toledo and the State of Ohio’s Air Quality Regulations applicable in the Toledo Municipal Code and the Ohio Administrative Code including, but not limited to the Asbestos and the Anti-Noise Laws.
Sewer & Drainage Services
12. S&DS requires that all existing private sewer lines that are not being removed or properly abandoned (both storm & sanitary) be cleaned and inspected.
13. S&DS requires that the existing private sanitary lines (after they have been cleaned) that are not being removed or properly abandoned be televised from the building (or private cleanout) to where they connect with the public sewer system if this has not been done in the past two (2) years. An electronic copy (DVD/memory stick) shall be provided to S&DS demonstrating the lines cleaning & integrity.
Division of Traffic Management
14. Bicycle parking is required per TMC§1107.0900. Applicant shall submit a revised site plan depicting a minimum of one (1) bicycle parking space for every ten (10) vehicle parking spaces. Such bicycle parking shall meet the requirements of TMC§1107.0900.
15. Accessible spaces shall be provided pursuant to TMC§1107.1700. Applicant shall submit a revised site plan depicting a minimum number of accessible parking spaces pursuant to the table in TMC§1107.1701. Such spaces shall meet the dimensional requirements of TMC§1107.1702.
16. Accessible parking signage must be posted directly in front of the parking space at a height of no less than 60 inches and no more than 72 inches above pavement level per TMC§1107.1704.
17. All driveways, drive aisles, and parking spaces must be clearly dimensioned per TMC§1107.1911. Applicant shall submit a revised site plan clearly dimensioning all driveways, drive aisles, and parking spaces.
18. Traffic Management requests all unnecessary driveways along Detroit Avenue be removed and replaced with new curb and grass. The applicant shall submit a revised site plan depicting parking and circulation in this area. Driveways, drive aisles, and parking spaces must be clearly dimensioned per TMC§1107.1911. Final determination on the necessity of driveways shall be by the Division of Traffic Management and the Plan Director.
Plan Commission
19. The applicant shall provide adequate screening of the scrap & salvage use - including trucking operations - from Detroit Avenue. Such adequacy may be determined by the Plan Director. Applicant shall submit a landscaping/screening plan depicting adequate screening along Detroit Avenue.
20. Other than trucking operations, no scrap & salvage operations may occur within 100 feet of Detroit Avenue.
21. All site lighting shall be fully directed downward, recessed, or adequately shielded to direct light away from adjacent properties, rights of way, or the sky above the fixtures per TMC§1107.1908.
22. Per TMC§1113.0702(B), all nonconforming signage on the premises shall be brought fully into compliance with TMC§1113 Signs.
23. Applicant shall obtain appropriate permits for any proposed signage.
24. The Special Use Permit may be reviewed for compliance with the conditions of approval, negative secondary effects, and adherence to all requirements of the Toledo Municipal Code. If outstanding issues are found and not addressed the Special Use Permit may be considered for revocation.
25. Approval of the Special Use Permit will lapse after one (1) year if the criteria listed in TMC§1111.0707 have not been met.
26. Minor adjustments to the site plan that do not violate the above conditions, or the Toledo Municipal Code, may be reviewed and approved by the Director of the Toledo City Plan Commission.
27. No permits shall be issued until arrangements satisfactory to the Director of the City of Toledo Plan Commission have been made for compliance with the conditions as set forth above.
SECTION 3. Waiving Section 1104.2701 of the Toledo Municipal Code for the zoning maps attached to Part 11, Planning and Zoning, Toledo Municipal Code, for the property located at 5400 N. Detroit Avenue, in the City of Toledo, Lucas County, Ohio.
Chapter 1104 - Use Regulations
1104.2701 Scrap and Salvage Operation Setbacks
Any new or future expansion of Scrap and Salvage Operations shall be set back no less than 100 feet from any residential district or use and setback no less than 100 feet from any right-of-way.
Approve a waiver to allow scrap & salvage trucking operations to occur within 100 feet of Detroit Avenue. Such waiver is contingent on the applicant providing adequate screening deemed acceptable to the Plan Director. No other operations relating to scrap & salvage may occur within 100 feet of Detroit Avenue. Staff is supportive of this waiver because trucking operations have existed in this location since before the scrap and salvage use occupied the structure. Further, adequate screening should mitigate impacts experienced by commercial businesses across the street.
SECTION 4. That when the conditions contained herein above have been complied with, the Secretary of the Toledo City Plan Commission be and he is hereby directed to change the zoning maps to conform with the within Ordinance.
SECTION 5. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason that the Ordinance must be immediately effective in order to provide for the orderly regulation and use of the property and to protect the land value in the area.
Vote on emergency clause: yeas 10 nays 0.
Passed: June 9, 2026, as an emergency measure: yeas 10, nays 0.
Attest:
Julie A. Gibbons Vanice S. Williams
Clerk of Council President of Council
Approved: June 9, 2026
Wade Kapszukiewicz
Mayor