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 two sections addressing Community Recreation and enacting amended versions of the same; and repealing and reenacting an amended “Use Table” to accommodate the new uses; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
This ordinance repeals and reenacts three sections of the Toledo Municipal Code (“TMC”) as a result of a study on Community Recreation. This change would define two new categories and establish the appropriate locations for those same activities. The proposed text amendment is consistent with the stated purpose of the Forward Toledo Plan and the Zoning Code.
Summary
NOW, THEREFORE, be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code, §1116.0209 which states as follows:
§1116.0209 Community Recreation.
Recreational, social, or multi-purpose uses typically associated with parks, play fields, golf courses, or community recreation buildings.
A. Active Recreation. Areas used or designed for participant-oriented, group sports and recreation activities, including spectator areas associated with such facilities. Typical uses include:
1. Recreational facilities of an active nature, such as athletic fields, play grounds and children's play apparatus areas, court games;
2. Public and community recreation buildings, including enclosed and semi-enclosed buildings providing public assembly and activity areas, such as gymnasiums, meeting rooms, game rooms, arts and crafts, dancing and dining.
3. Band shells and outdoor theaters;
4. Campgrounds; and
5. Facilities incidental to the operation of public recreational uses, such as refreshment stands, small concessionaire shops dispensing sporting goods, miniature golf and similar uses accessory to public recreational uses.
B. Passive Recreation. Areas used or designed for individual sports and recreation uses of a passive nature. Typical uses include golf courses (although golf course club houses are considered an "active recreation" use); hiking, bicycle and equestrian trails; greens and commons; sitting areas; picnic areas; botanical gardens; arboretums; conservatories; and natural wildlife or plant habitat areas.
C. Marinas. Any public or private facilities used for mooring, berthing, or securing recreational boats. Typical uses include yacht clubs and public boat docks.
Is repealed
SECTION 2. That a new Toledo Municipal Code §1116.0209 is enacted to state as follows:
§1116.0209 Community Recreation
Recreational, social, or multi-purpose uses typically associated with parks, play fields, golf courses, or community recreation buildings.
A. Active Recreation. Areas used or designed for participant-oriented, group sports and recreation activities, including spectator areas associated with such facilities. Typical uses include:
1. Recreational facilities of an active nature, such as athletic fields, play grounds and children's play apparatus areas, court games;
2. Band shells and outdoor theaters;
3. Campgrounds; and
4. Facilities incidental to the operation of public recreational uses, such as refreshment stands, small concessionaire shops dispensing sporting goods, miniature golf and similar uses accessory to public recreational uses.
B. Passive Recreation. Areas used or designed for individual sports and recreation uses of a passive nature. Typical uses include golf courses (although golf course club houses are considered an "active recreation" use); hiking, bicycle and equestrian trails; greens and commons; sitting areas; picnic areas; botanical gardens; arboretums; conservatories; and natural wildlife or plant habitat areas.
C. Community Center. Public and community recreation buildings, including enclosed and semi-enclosed buildings providing public assembly and activity areas, such as gymnasiums, meeting rooms, game rooms, arts and crafts, dancing and dining.
D. Marinas. Any public or private facilities used for mooring, berthing, or securing recreational boats. Typical uses include yacht clubs and public boat docks.
SECTION 3. That Toledo Municipal Code §1116.0236 which states as follows:
§1116.0236 Personal Improvement Service.
Informational, instructional, personal improvement, and similar services of a nonprofessional nature. Excludes services classified as Entertainment and Spectator Sports, Participant Sports and Recreation, or Transient Habitation. Typical uses include photography studios, driving schools, weight reducing salons, nail salons, barbershops, tattoo and body piercing shops, and beauty parlors.
Is repealed.
SECTION 4. That a new Toledo Municipal Code §1116.0236 is enacted to state as follows:
§1116.0236 Personal Improvement Service.
Informational, instructional, personal improvement, and similar services of a nonprofessional nature. Excludes services classified as Entertainment and Spectator Sports, Participant Sports and Recreation, Community Center, or Transient Habitation. Typical uses include photography studios, driving schools, tutoring centers, martial arts studios, dance or yoga studios, weight reducing salons, nail salons, barbershops, tattoo and body piercing shops, and beauty parlors.
SECTION 5. That Toledo Municipal Code §1104.0100 displayed at Exhibit A to this ordinance is repealed.
SECTION 6. That Toledo Municipal Code §1104.0100 is enacted as displayed in Exhibit B to this ordinance.
SECTION 7. 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