Label
TMC Amendments re: Part 11 - Planning and Zoning Code
Plan Commission
L.Cottrell (x2342)
Title
Amending Toledo Municipal Code Part Eleven - Planning and Zoning Code by enacting §1105.0207 Accessory Dwelling Units; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
This ordinance enacts a new section of the Toledo Municipal Code (“TMC”) to allow Accessory Dwelling Units (“ADUs”) as a permitted use in Zoning Districts that allow single family residential uses. The enactment is intended to address issues of missing middle housing and affordability. ADUs shall be subject to the regulations of the underlying zoning district and must meet all provisions of the Building Code. The proposed text amendment is consistent with the stated purpose of the Forward Toledo Comprehensive Plan and the Zoning Code.
Summary
NOW, THEREFORE, be it ordained by the Council of the City of Toledo:
SECTION 1. That a new Toledo Municipal Code §1105.0207 is enacted to state as follows:
§1105.0207 Accessory Dwelling Units.
All accessory dwelling units must be located, developed, and operated in compliance with the following regulations:
A. General. Where permitted, an accessory dwelling unit may be established within the existing single-family building or as a detached structure on the same lot as a single-family dwelling. No more than one (1) accessory dwelling unit is permitted per lot.
B. Occupancy by Owner. The owner of each lot on which an accessory dwelling unit is established must maintain residence in the principal single-family dwelling unit for so long as the accessory dwelling unit exists.
C. Entrance. Each accessory dwelling unit must provide a separate exterior entrance independent of the entrance to the single-family dwelling to which it is subordinate and incidental.
D. Lot Size. Any lot on which an accessory dwelling unit is established must meet the minimum lot size requirements for single-family dwellings under the applicable zoning district.
E. Lot Coverage. The footprint of the accessory dwelling unit shall not occupy more than 60% of the footprint of the primary single-family dwelling. Accessory dwelling unit shall count towards rear yard coverage requirement per Sec.1105.0204(A).
F. Exception. The alteration of a legally existing accessory structure shall not be subject to Sec. 1105.0206(D), provided the structure does not expand the existing footprint or exceed the rear yard coverage requirement per Sec. 1105.0204(A).
G. Setbacks.
1. An accessory dwelling unit within the building envelope of a legally existing single-family dwelling is not subject to setback restrictions, provided that the establishment of the accessory dwelling unit does not expand the existing structure’s footprint.
2. Detached accessory dwelling units are subject to Sec. 1105.0201.
3. An accessory dwelling unit established as an addition to a legally existing single-family dwelling must comply with the setback requirements for single-family dwellings in the applicable zoning district.
4. The alteration of a legally existing accessory structure to establish an accessory dwelling unit is not subject to setback restriction, provided that the establishment of the accessory dwelling unit does not expand the existing structure’s footprint.
H. Height.
1. Detached accessory dwelling units shall be subject tot Sec. 1105.0202 or shall not exceed the height of the existing principal structure.
2. An accessory dwelling unit addition to a principal single-family dwelling must comply with all requirements per Sec. 1105.0202.
I. Utility. Detached accessory dwelling units must be of permanent construction and contain permanent utility hookups.
J. Parking. Accessory dwelling units are exempt from off-street parking requirements outlined in Sec. 1107.0300.
K. Compliance. All accessory dwelling units shall comply with all required Building Code regulations.
L. Prohibition. Mobile homes, recreational vehicles, travel trailers, or other wheeled and transportable structures may not be used as accessory dwelling units.
SECTION 2. 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 the same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide accurate and complete standards for use by property owners.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council