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 repealing Section 1114.0402 Use of Nonconforming Lots, and enacting an amended version of Section 1114.0402; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
This ordinance updates and enacts a new section of the Toledo Municipal Code (“TMC”) to correct an inconsistency in the existing code. The change will eliminate the restriction of residential nonconforming lots to be used exclusively for detached houses and accessory uses and instead permit residential nonconforming lots for those uses allowed within the underlying zoning district pursuant to TMC Section 1104. The proposed text amendment is consistent with the Forward Toledo Comprehensive Land Use Plan and stated purpose of the Zoning Code.
Summary
NOW, THEREFORE, be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code, Part Eleven, §1114.0402 which states as follows:
§1114.0402 Use of Nonconforming Lots
A. In residential zoning districts, single nonconforming lots may be used for detached houses and related accessory structures, subject to all other applicable standards of the underlying zoning district.
B. In nonresidential zoning districts, single nonconforming lots may be used for uses allowed within the underlying zoning district, subject to all other applicable standards of the underlying zoning district. If the underlying zoning district allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area, lot width or other dimensional standards, while others would not, then only the uses or intensities that comply with applicable standards are permitted.
Is repealed.
SECTION 2. That the Toledo Municipal Code §1114.0402 is enacted to state as follows:
§1114.0402 Use of Nonconforming Lots
A. In residential zoning districts, single nonconforming lots may be used for residential uses allowed within the underlying zoning district and related accessory structures, subject to all other applicable standards of the underlying zoning district.
B. In nonresidential zoning districts, single nonconforming lots may be used for uses allowed within the underlying zoning district, subject to all other applicable standards of the underlying zoning district. If the underlying zoning district allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area, lot width or other dimensional standards, while others would not, then only the uses or intensities that comply with applicable standards are permitted.
SECTION 3. 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 12, nays 0.
Passed: September 23, 2025, as an emergency measure: yeas 12, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: September 23, 2025
Wade Kapszukiewicz
Mayor