City of Toledo - File #: O-158-18

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Label

Zoning & Planning Committee

Title

Amending Toledo Municipal Code (TMC), Part Eleven, Subsections 1104.0100, 1104.2400, 1107.0300, 1116.0100 and 1116.0202, Planning and Zoning regarding the regulation of Urban Agriculture; and declaring an emergency.

Body

SUMMARY & BACKGROUND:

The purpose of the proposed text amendment is to further clarify the definition of agriculture and urban gardens as well as additional terminology that pertains to specific land use activities, like composting. Currently the Zoning Code defines Agriculture under TMC§1116.0202 as two separate use categories; Nurseries and Greenhouses and Other Agriculture. The Nurseries and Greenhouses use category is defined as, “land or greenhouses used to raise flowers, shrubs, and plants for sale”. The Other Agriculture land use category is defined as “farming, truck gardening, forestry, and tree farming”. Both of these land use categories are permitted in most zoning districts but CO-Office Commercial and CD-Downtown Commercial. The only exception is when Nurseries and Greenhouses are located within residential districts or low-intensity commercial districts (i.e. CN, CM or CS), which requires a Special Use Permit.

The proposed text amendment would revise the current use categories of Agriculture within TMC§1116.0202 as Major Urban Agriculture and Minor Urban Agriculture. Major Urban Agriculture will be defined as, “Land, nurseries, agriculture buildings, greenhouses or community gardens, as defined in section 1116.0100, used to raise flowers, shrubs, and plants for sale on-site. This includes the use of structure(s) greater than 400 square feet in total area”. Minor Urban Agriculture will be defined as, “Land, farming, truck gardening, forestry, tree farming or community gardens, as defined in section 1116.0100, used to raise flowers, shrubs, and plants for sale subject to Section 1104.2406 Sales. Structure(s) may be used for growing but shall not exceed 400 square feet in total area”. A copy of the proposed text amendment language is included as Exhibit “A”.

The main difference in the two use categories is the ability to sell produce in a residential zoning district, and/or if the project includes the use of structures exceeding a certain size. The size restriction on structures is adopted directly from the protocol of the Division of Building Inspections. Any structure or building which exceeds 400 square feet in area requires a building permit. Structures under 400 square feet in area do not require building permits, although a Certificate of Zoning Compliance is required to verify that setback standards are being maintained. When structures exceed a certain size additional Building Code standards pertaining to structural durability and safety apply. Additionally, stamped engineered or architectural plans become required through the Ohio Building Code which is outside the authority and regulation of the Zoning Code.

Research of other Ohio Cities

Many cities have amended their zoning codes to include language about land use activities associated with urban agriculture and/or community gardens. Often times, cities use zoning regulations to make the distinction between agriculture being permitted as the primary/principal land use and agriculture being permitted as an accessory or secondary land use to the principal use. Other times specific activities such as composting or beekeeping prompts cities to impose additional use regulations. As stated in TMC§1105.0100, accessory uses and structures are permitted by right in connection with any lawfully established principal use, not a principal structure. This means urban agriculture is permitted as a principle use and allows for accessory structures, like hoop houses and garden sheds, as long as minimum setbacks are satisfied.

Several surrounding major cities have zoning regulations specific to urban agriculture and/or community gardens. Cleveland, Cincinnati, Columbus, Dayton, Detroit and Pittsburgh all have zoning regulations which pertain to agriculture activities and community gardens. Some have adopted more extensive zoning regulations than others. For example, the city of Cleveland has gone so far to designate an “Urban Garden District” as part of their Zoning Code. The Urban Garden District is a zoning overlay that ensures that urban gardens are appropriately located and protected to meet the needs for local food production, community health, community education, garden-related job training, environmental enhancement, preservation of green space, and community enjoyment. The district allows community gardens as the primary use of a lot with accessory structures and the occasional sales of items grown/produced on site.

An urban agriculture overlay district is not necessary in the City of Toledo for two reasons. First, the wide distribution of vacant properties in the City of Toledo, typically targeted for urban agricultural purposes, makes an overlay district impractical. Additionally, urban agriculture is already a permitted primary use on most lots and will remain so with this proposed text amendment. Overlay districts are intended to facilitate the application of specific regulations to unique land uses. Adding an overlay district will over complicate the facilitation of urban agriculture uses.

Use Regulations

Currently the zoning code allows agricultural uses with little regulation other than the requirement for a Special Use Permit for nurseries or greenhouses. The proposed text amendment will be consistent with the review and approval of previous Special Use Permit applications.

The proposed text amendment provides new use regulations specifically for urban agriculture to be enacted as Section 1104.2400 of the Zoning Code. Adopted from a zoning code model provided by the Ohio Environmental Protection Agency (OEPA), the proposed use regulations are intended to further clarify and define the applicable zoning districts and any or all restrictions/regulations pertaining to urban agriculture activities. The main regulations being proposed as part of this text amendment include setback standards, regulation of agriculture structures, composting activities and the sale of produce on site. Animal husbandry and livestock is specifically not included in the proposed text amendment since there are currently regulations enacted by the Toledo-Lucas County Health Department (TMC§1705.05) and the State of Ohio Department of Agriculture. Additionally, personal home gardens with a principle residential use are not fully subject to the proposed use regulations.

Conclusion and Recommendation

The proposed text amendment is intended to further clarify the current zoning code and apply additional use regulations pertaining to certain agriculture activities. Staff recommends approval of the proposed text amendment in order to correct an inconsistency in the Zoning Code where urban agriculture and related activities are not clearly defined or regulated. A copy of the proposed text amendment language is attached as Exhibit “A”.

On October 12, 2017 the Toledo City Plan Commission considered and recommended approval of the requested text amendment.

On April 11, 2018, Toledo City Council, Planning and Zoning Committee reviewed, and recommended approval of the requested text amendment.

Summary

NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:

SECTION 1. That Part Eleven Subsection 1104.0100; Planning and Zoning which reads as follows:

1104.0100 Use Regulations

Use Category

RS 12

RS 9

RS 6

RD 6

RM (all)

R MH

CN

CO

CM

CS

CR

CD

IL

IG

IP

POS

IC

Other Use Types

Agriculture

Nurseries and Greenhouses

S

-

S

P

-

P

Other Agriculture

P

-

P

-

P

Be amended to read as follows:

Use Category

RS 12

RS 9

RS 6

RD 6

RM (all)

R MH

CN

CO

CM

CS

CR

CD

IL

IG

IP

POS

IC

Other Use Types

Urban Agriculture

Major Urban Agriculture

S [31]

P [31]

Minor Urban Agriculture

P [31]

[31] Subject to standards of Sec. 1104.2400 | Urban Agriculture

SECTION 2. That Part Eleven Subsection 1104.2400; Planning and Zoning to read as follows:

Section 1104.2400 - Urban Agriculture

This section refers to community gardens, composting, agricultural buildings, and urban agriculture as defined in Sec. 1116.0202 & 1116.011_ of this code. Home gardens with a principal residential use are not subject to the following regulations, except for 1104.2407.

1104.2401 Setbacks

All unenclosed garden areas must be three-feet (3’) from any property line; unless a site distance setback issue is present. Special setbacks apply to composting in residential districts as listed in Sec. 1104.2407. When Urban Agriculture is the principal land use, the underlying zoning district setback standards of Sec. 1106.0100 shall apply to any structures/buildings. When Urban Agriculture is considered an accessory land use, then the setback standards and use regulations of Sec. 1105.0201 shall apply to any structures/buildings.

1104.2402 Water

Urban agriculture gardens shall have legal access to a source of water. The water source need not be on site. Use of water storage systems, such as cisterns and rain barrels, is allowed when in compliance with the buildings/structures provisions of this section. For information on establishing an onsite source of water contact the Utilities Administration Division within the City of Toledo Department of Public Utilities.

1104.2403 Drainage

Urban agriculture activities shall be operated in a manner which prevents the drainage of stormwater, irrigation water, chemicals, dirt, or mud onto any adjacent properties or public right of ways. For regulations on rain garden/bioretention areas, see Sec. 1108.0206.

1104.2404 Agriculture Structures/ Buildings

All structures used for agriculture shall comply with the Division of Building Inspection regulations. The following structures are permitted on site with only a Certificate of Zoning Compliance provided they do not exceed four-hundred square feet (400 ft²) in total area, and/or twenty-feet (20’) in height:

A. Greenhouses

B. Hoop houses

C. Cold frames

D. Other enclosed buildings which are found to be reasonably related to the activities of urban agriculture and community gardening.

1104.2405 Composting

A. As defined in Sec. 1116.011_, composting is permitted as an accessory use in residential zoning districts. Composting activities within residential zoning districts shall adhere to all of the following standards:

1. No compost pile or total composting area shall exceed three-hundred cubic feet (300ft³) in size and/or five-feet (5’) in height.

2. Any compost pile or area shall comply with the setbacks of Sec. 1105.0201.

3. A compost pile or total composting area shall be located as far away from adjacent residential areas as possible and properly screened.

4. Unless generated at the site, the following materials shall not be accepted from off-site sources for composting: animal manures and food scraps consisting of, or containing meats, bones, and dairy products.

5. Composting areas and structures shall be maintained in a manner that protects adjacent properties from nuisance odors and the attraction of rodents or other pests.

B. Composting as a principal use is defined under the Construction Sales and Services use category.

1104.2406 Sales

In a residential zoning district, products may only be sold under the following conditions:

Minor Agriculture: Product shall be grown on site; farm stand shall be 100 Sq. ft. or less; farm stands shall be portable with the ability to be taken indoors; farm stands shall conform to the setbacks standards of Section 1104.2401; and all sales shall be conducted between the hours of 8 AM - 8 PM.

Major Agriculture: Product shall be grown on site; farm stands shall conform to the setbacks standards of Section 1104.2401; all sales shall be conducted between the hours of 8 AM - 8 PM; and are subject to a Special Use Permit.

SECTION 3. That Part Eleven Subsection 1107.0300; Planning and Zoning which reads as follows:

Use Category	Minimum Number of Off-Street Parking Spaces Required	Minimum Number of Bicycle Parking Slots Required
Other Use Types
Agriculture
Nurseries and Greenhouses	per Schedule D (§1107.0600)	None
Other Agriculture	None	None

Be amended to read as follows:

Use Category	Minimum Number of Off-Street Parking Spaces Required	Minimum Number of Bicycle Parking Slots Required
Other Use Types
Urban Agriculture
Major	per Schedule D (§1107.0600)	None
Minor	None	None

SECTION 4. That Part Eleven Subsection 1116.0100; Planning and Zoning which read as follows:

<javascript:void(0)>1116.0100 General terms.

<javascript:void(0)>1116.0101 Abutting.

Having property or district lines in common.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0102 Accessory Structure (or Building).

A subordinate structure, located on the same lot as the principal building, the use of which is naturally and normally incidental to the principal use of the principal building or land. An accessory structure cannot exceed 10,000 square feet in total floor area.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0103 Accessory Use.

A use of land or of a building or portion thereof customarily used with, and clearly incidental and subordinate to, the principal use of the land or building and ordinarily located on the same lot with such principal use.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0104 Agent.

A person authorized by a property owner to represent the property owner.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0105 Aisle.

That portion of the circulation area within a parking lot that provides access to parking spaces or a delivery zone. The minimum width permissible for an aisle to serve adjacent parking spaces shall depend on the angle of parking as illustrated in Section 1107.1911.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0106 Alley.

A strip of land, dedicated to public use, which affords only a secondary means of access to property abutting thereon.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0107 Basement.

A basement shall be included for the purposes of bulk and height measurements if used for dwelling or business purposes.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0107.1 Bioretention.

Bioretention are landscape elements designed to remove silt and pollution from surface runoff water. Stormwater is treated through a sand bed, grass buffer strip, ponding area, organic layer or mulch layer, planting soil, and plants. Stored water in bioretention basin areas infiltrate into the underlying soils and water table over a period of days.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0107.2 Bioswale.

A Bioswale is a linear vegetated swale that channels stormwater, infiltrating and filtering it with vegetation and soils as it travels.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0108 Blank Wall.

An exterior building wall with no openings and a single material and uniform texture on a single plane.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0109 Block.

A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0110 Boundary of Influence.

The geographic area whose social, economic, and/or environmental conditions is significantly affected by changes in the study area.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0111 Building.

Any structure consisting of a roof supported by walls, beams, girders, or columns, with or without other parts or appurtenances.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0112 Building Frontage.

The side or facade of a building closest to and most nearly parallel to an abutting street or place right-of-way.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0113 Build-to-Line.

An imaginary line on which the front of a building or structure must be located or built and which is measured as a distance from a public right-of-way.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0113.1 Catch Basin Filter.

A Catch Basin Filter is a woven or non-woven water-permeable material, generally made of synthetic products such as polypropylene, used in stormwater management and erosion and sediment control applications to trap sediment or to prevent fine soil particles from clogging the aggregates.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0114 Cellar.

That portion of a building, the ceiling of which is entirely below, or not more than four feet above, grade. No cellar or portion thereof shall be used as a complete dwelling unit, and the cellar shall not be included in bulk or height measurements.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0115 Channel.

The portion of a river reserved for navigation of boats.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0116 Clubs or Lodges.

Organizations of persons for special purposes or for the promulgation of sports, arts, literature, politics or other common goals, interests or activities, characterized by membership qualifications, dues or regular meetings, excluding clubs operated for profit.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0117 Commercial District Organization.

An organization that represents and involves a coalition of organizations, agencies, businesses, and individuals from throughout the community including those who have a direct economic tie to the commercial district and other members of the community who are interested in the community's overall health.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0118 Commercial Vehicle.

A vehicle designed, or licensed by the State, for the carriage of freight or merchandise.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0119 Common Open Space.

Usable open space intended for common use by occupants of a development, either privately owned and maintained or dedicated to a public agency, normally including swimming pools, recreation courts, patios, open landscaped areas, and greenbelts with pedestrian walkways and equestrian and bicycle trails. Common open space does not include off-street parking or loading areas, driveways, detention ponds, floodways, riparian areas, land with slopes in excess of 25 percent, required landscaping, or setbacks.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0120 Connecting Walkway.

Any street sidewalk or any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0121 Corner lot.

A lot adjacent to two or more streets or places at their intersection.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0122 Decision-Making Body.

The entity that is authorized to take final action (approval or denial) on an application or permit under this Zoning Code.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0123 Development.

Any human caused change to improved or unimproved real estate that requires a permit or approval from any agency of the city, including but not limited to construction, structural alteration, or reconstruction of a building or other structure, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0124 District (or Zoning District).

A section or sections of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of setbacks, and the intensity of use are uniform.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0125 Dock.

Any construction that extends over water, providing attachments for tying up boats and a walkway for access to those boats. Pilings placed in the water for tying the stern end of dock and boats are considered a part of dock construction.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0126 Dormitory.

A facility providing sleeping accommodations, common dining facilities and related uses for students or employees of a university or college.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0127 Double-Frontage Lot.

A lot having a lot frontage on two non-intersecting streets or places, as distinguished from a corner lot.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0128 Drip Line.

A somewhat circular line determined by the outside end of the branches of a tree or shrub projected vertically to the ground.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0129 Drive-Through.

A building or portion of a building that permits customers to receive goods or services from within a motor vehicle.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0130 Driveway.

A permanent hard-surfaced way that provides access to a garage, carport, unsheltered parking space, or parking lot from a street or place.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0131 Dwelling.

Any building or portion thereof which is designed for and used exclusively for residential purposes containing one or more dwelling units.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0132 Dwelling Unit.

A room or group of rooms in a building forming a single habitable unit, with facilities used or intended to be used for living, sleeping, cooking, and eating purposes.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0133 Facade.

That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0134 Floor Area.

The sum of the gross horizontal areas of the several stories of the building measured from the exterior faces of the exterior walls or from the center line of party walls. Included shall be any basement (but not any cellar), interior balconies and mezzanines, elevator shafts and stair wells, and enclosed porches. The floor area of accessory uses and of accessory buildings on the same lot shall be included.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0135 Floor Area Ratio.

The floor area of the building or buildings on a lot divided by the area of the lot.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0136 Front Lot Line.

A lot line along a street or place.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0137 Front Yard.

A yard extending across the front of a lot between the side lot lines, being the horizontal distance between the right-of-way and the principal building or any projections thereof other than the projections of permitted uncovered steps, uncovered balconies or unenclosed porches.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0138 Grade.

(1) For buildings having walls adjoining one street or place only, the elevation of the sidewalk at the center of the wall adjoining the street or place;

(2) For buildings having walls adjoining more than one street or place, the average of the elevation of the sidewalks at the centers of all walls adjoining the streets or places;

(3) For buildings having no wall adjoining a street or place, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Any wall approximately parallel to and not more than 5 feet from a right-of-way is to be considered as adjoining the street or place. Where no sidewalk exists or where none of the walls adjoin a right-of-way, the grade shall be established by the Commissioner of Building Inspection and Code Enforcement or by the Division of Transportation.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0138.1 Grass Filtration Strips.

Grass Filtration Strips are uniform areas of dense turf or meadow grasses with minimum slope, designed to accept diffuse sheet flow from parking lots or other impervious surfaces.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0138.2 Green Roof.

Green Roof is a roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0139 Harbor Line, Channel Line, and Docking Line.

The publicly defined lines that identify the edge of navigation channels. They appear on the Official Zoning Map.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0140 Height (of building or other structure).

The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0141 Household.

One or more persons occupying a dwelling unit as a functional unit. A functional unit is either a family, one or more persons related to each other by blood, adoption, or marriage; or two or more persons whose relationship is functionally equivalent to a family but who are not related by blood, adoption, or marriage. Persons occupying a boarding house, hotel, lodging house, group rental dwelling, or fraternity or sorority house, as herein defined do not constitute a household. In determining whether a group of unrelated persons is a household under the definition set forth above, the Commissioner of Building Inspection and Code Enforcement shall apply the factors set forth in Section 1115.0900 or such of those factors as may reasonably be known to the Commissioner on the date of determination.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0142 Human Scale.

Means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0143 Impound Yard.

A facility used for the temporary storage of wrecked motor vehicles usually awaiting insurance adjustment or transport to a repair shop.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0144 Industrialized Unit.

An assembly of materials or products comprising all or part of a total structure assembled in a factory and built in compliance with the Ohio Basic Building Code, which, when completed, is self-sufficient or substantially self sufficient and when installed, constitutes the structure or part of a structure, except for preparations for its placement and meets the definition of industrialized unit under Revised Code Section 3781.10.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0145 Institutional Use.

A use that provides a public service and is operated by a federal, state, or local government, public or private utility, public or private school or college, a place of religious assembly, public agency, or tax-exempt organization.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0146 Landfills.

Includes sanitary and construction/demolition type landfills and disposal of hazardous waste.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0147 Landscaping.

Any combination of living plants such as trees, shrubs, plants, vegetative ground cover or turf grasses, and may include structural features such as walkways, fences, benches, works of art, reflective pools or the like. Landscaping shall also include irrigation systems, mulches, topsoil use, soil preparation, re-vegetation or the preservation, protection and replacement of existing trees.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0148 Large-Scale Retail.

Development of one or more General Retail Sales or Food and Beverage Retail Project Sales uses with an aggregate floor area of 50,000 square feet or more.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0149 Loading Space.

A space within the principal building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0150 Lot.

A parcel of land occupied or intended for occupancy by a use permitted in this Zoning Code, including one principal building (except as expressly provided in Section 1106.0300 together with its accessory buildings, the open space and parking spaces required by this Zoning Code, and having its principal lot frontage upon a street or place.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0151 Lot Frontage.

The front lot line.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0152 Lot of Record.

A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0153 Major Street.

A street classified as freeway, expressway or controlled parkway, principal arterial, minor arterial, or major collector, on the Street and Highway Plan.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0154 Manufactured Home.

A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the Federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. §§ 5401, 5403 and that has a permanent label or tag affixed to it, as specified in 42 U.S.C. § 5415, certifying compliance with all applicable Federal construction and safety standards.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0155 Marina Basin.

The water area available for use by a particular marina. The limits to a marina basin are the shoreline of the subject site, two side lot line extensions, and a line drawn to connect their channelward ends.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0156 Maximum Practical Extent.

Means that, under the circumstances, reasonable efforts have been undertaken to comply with the regulation, that the costs of compliance clearly outweigh the potential benefits to the public or would unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from any noncompliance.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0157 Mixed Use.

Means a building or lot containing residential and commercial or industrial uses.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0158 Mobile Home.

A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than 35-body feet in length or, when erected on site, is 320 or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined above or as an industrialized unit as defined at Revised Code Section 3781.06(c)(3).

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0159 Neighborhood.

A subarea of the city in which the residents share a common identity focused around a school, park, community business center, architectural style, or other feature.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0160 Neighborhood Organization.

An organization registered with the Planning Director for the purpose of receiving information concerning development or zoning in their neighborhood. (Section 145.06)

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0161 Nonconformity.

Any characteristic of land, the uses of land, or structures and other development thereon, in lawful existence or operation at the effective date of this Zoning Code or amendment thereto which does not conform after the passage of this Zoning Code or amendment thereto with the applicable requirements of this Zoning Code as amended.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0162 Ornamental Pond.

An artificial body of water of permanent construction with a controlled water supply, which is no more than 24 inches in depth and with a capacity under 100 cubic feet. Ornamental ponds may project into any setback. Supporting structures must be less than 42 inches above ground level.

(Ord. 198-11. Passed 4-19-11.)

<javascript:void(0)>1116.0163 Owner of Record.

Means the owner, as shown by the county auditors current tax list, of any real property to which this Zoning Code applies.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0164 Parking Area or Lot.

Means any off-street area or structure which meets one of the following conditions:

(1) Contains one or more parking, vehicular storage, loading or stacking space for public and civic, institutional, recreational, commercial, or industrial use, whether free or for compensation; or

(2) Contains five or more parking spaces for any residential use.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0165 Parking Space.

A rectangular or rhomboid area, exclusive of any driveway or other circulation area, accessible from a street, place, alley or maneuvering area and designed for temporary parking of a motor vehicle.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0166 Pedestrian-Oriented Development.

Means development which is designed with a primary emphasis on the street sidewalk and/or connecting walkway access to the site and building, rather than on auto access and parking lots. In pedestrian-oriented developments, buildings are typically placed relatively close to the street and the main entrance is oriented to the street sidewalk or a walkway. Although parking areas and garages may be provided, they are not given primary emphasis in the design of the site.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0167 Permanent Foundation.

A permanent masonry, concrete, or other approved footing or foundation, to which a manufactured or mobile home may be affixed.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0167.1 Person with a disability.

Any person who has a physical or mental impairment that limits activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment.

(Ord. 193-16. Passed 5-24-16.)

<javascript:void(0)>1116.0168 Pervious Surfaces.

A surface that presents an opportunity for precipitation to infiltrate into the ground.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0169 Place.

An officially-approved private thoroughfare, other than a street or alley, permanently reserved as the principal means of access to abutting property.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0170 Plan Commission.

Means the Toledo City Plan Commission.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0170.1 Porous/permeable pavement.

Porous/permeable pavement is a range of sustainable material and techniques for permeable pavements with a base and subbase that allow the movement of stormwater through the surface. In addition to reducing runoff, this effectively traps suspended solids and filters pollutants from the water.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0171 Premises.

A lot, plot or parcel of land, including the building or structures thereon.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0172 Primary Street.

A street to which a parcel's street address is assigned.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0173 Principal Building.

A building in which the principal use of the property is conducted. All lots containing at least one building shall be deemed to have a principal building.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0174 Public-Private Setback.

An area between a principal building and a street right-of-way, surfaced with an impervious masonry material and used for seating, outdoor dining, public art or other pedestrian amenities.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0174.1 Rain Garden.

Rain Garden is a planted depression or a hole that allows rainwater runoff from impervious urban areas, like roofs, driveways, walkway, parking lots and compacted lawn areas, the opportunity to be absorbed.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0175 Rear Lot Line.

The lot line opposite the lot frontage. For a building on a corner lot, the rear of a lot is the lot line opposite the wall or plane of the principal building containing its principal entrance.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0176 Rear Yard.

A yard extending across the rear of a lot between the side lot lines and being the horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots the rear yard shall be at the opposite end of the lot from the front yard, or for a corner lot the rear yard shall be at the opposite of the front yard with the parcel address.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0177 Reconstruction.

The replacement or rebuilding of a building or structure.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0178 Recreation Area.

A public area or private area set aside to serve the recreational needs of area residents.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0179 Recreational Vehicles and Equipment.

(1) A nonself-propelled recreational vehicle that does not exceed an overall length of 35 feet, exclusive of bumper and tongue or coupling, and contains less than 320 square feet of space when erected on site. This includes a tent-type fold-out camping trailer as defined in Revised Code Section 4517.01.

(2) A nonself-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. "Truck camper" does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling then to be used as a dwelling.

(3) A self-propelled recreational vehicle that is constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.

(4) Boats, floats, rafts, and trailers normally used to transport same on the highway.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0180 Review Body.

The entity that is authorized to review and recommend approval or denial of an application or permit under this Zoning Code.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0181 Right-of-Way.

The line determining the limit or ownership of a street, place, or alley. For purposes of setbacks, this includes right-of-way easements.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0182 Setback.

The unobstructed open area required by this Zoning Code to exist between the furthermost projection of a structure and the property line of the lot on which the structure is located.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0183 Sexually-Oriented Business.

As used in this Zoning Code, "sexually-oriented business" means an inclusive term used to describe collectively: adult media store, bathhouse, lingerie modeling or photograph studio, massage parlor (except for massage therapy as licensed by the State of Ohio in Revised Code Section 4731.16), motion picture arcade booth, sex shop, sexual encounter center, sexually-oriented cabaret or sex-oriented cabaret, sexually-oriented cinema, sexually-oriented motion picture theater, or sex-oriented cinema. This collective term does not describe a specific land use and shall not be considered a single land-use category for purposes of the Zoning Code or other applicable ordinances.

(1) "Adult media" means magazines, books, videotapes, movies, slides, cd-roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to hard-core material.

(2) "Adult media store" means an establishment that rents and/or sells media, and that meets any of the following three tests: 40 percent or more of the gross public floor area is devoted to adult media; 40 percent or more of the stock-in-trade consists of adult media; or it advertises or holds itself out in any forum as "XXX", "adult", "sex", or otherwise as a sexually-oriented business other than an adult media store, sexually-oriented cinema, sexually-oriented motion picture theater, or sex-oriented cinema, or sexually-oriented cabaret or sex-oriented cabaret.

(3) "Bathhouse" means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist, licensed by the State.

(4) "Book or media store" means a book or media store which devotes less than 10 percent of its gross public floor area or 10 percent of the number of items in inventory to hard-core material shall be treated for zoning purposes as a retail establishment. A book or media store which devotes more than 10 percent of its gross public floor area or 10 percent of the number of items in inventory to hard-core material, but which devotes less than 40 percent of its gross public floor area and less than 40 percent of the number of items in inventory to hard-core material shall be treated for zoning purposes as a book or media store and not as an adult media store, provided that it meets the following conditions: all hard-core material shall be maintained in a room that is separated from other material by an opaque wall that extends to the ceiling or eight feet above the floor, whichever is less; access to the room containing the hard-core material shall be through an opaque door; the room containing hard-core material shall be posted with a notice indicating that only persons 18 years of age or older (adults) are allowed in the room; and access to the room will be physically limited to adults through control of access by an employee of the store, through use of an access release located at least 66 inches off the floor, or through constant monitoring of the room by an employee on duty through electronic means or through a window or mirror providing visibility into the room from the manager's or cashier's work station.

(5) "Display publicly" means the art of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than adult media are on display to the public.

(6) "Establishment" means any business regulated by Section 1104.1500.

(7) "Explicit sexual material" means any hard-core material.

(8) "Gross public floor area" means the total area of the building accessible or visible to the public, including showrooms, sexually-oriented cinemas, sexually-oriented motion picture theaters, or sex-oriented cinemas, motion picture arcades booths, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for sexually-oriented cabarets or sex-oriented cabarets, plus aisles, hallways, and entryways serving such areas.

(9) "Hard-core material" means media characterized by sexual conduct that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.

(10) "Lingerie modeling or photograph studio" means an establishment or business which provides the services of live models modeling lingerie, bathing suits, or similar wear or without clothing to individuals, couples or small groups in a room smaller than 600 square feet.

(11) "Massage" means touch, stroking, kneading, stretching, friction, percussion and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).

(12) "Massage parlor" means an establishment offering massage therapy and/or body work by a massage therapist not licensed under Revised Code Section 4731.16 or under the direct supervision of a licensed physician.

(13) "Massage studio" means an establishment offering massage therapy and/or body work by a massage therapist licensed under Revised Code Section 4731.16 or under the direct supervision of a licensed physician.

(14) "Massage therapy" means the profession in which a State of Ohio certified massage therapist applies massage techniques with the intent of positively affecting the health and well-being of the client, and may adjunctively (i) apply allied modalities, heat, cold, water and topical preparations not classified as prescription drugs, (ii) use hand held tools or devices designed as t-bars or knobbies, and (iii) instruct self care and stress management. "Manual" means by use of hand or body.

(15) "Media" means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, cd-roms, other magnetic media, and undeveloped pictures.

(16) "Motion picture arcade booth" means any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat customers and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital or other means or medium (including, but not limited to, film, video or magnetic tape, laser disc, cd-rom, books, magazines or periodicals) for observation by customers therein. The term "booth", "arcade booth," "preview booth", and "video arcade booth" shall be synonymous with the term "motion picture arcade booth".

(17) "Primary live entertainment" means entertainment that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.

(18) "Public park" means a publicly-owned parcel of land kept for ornamental and recreational purposes, including land in its natural state.

(19) "Public playground" means a publicly-owned parcel of land used and equipped for recreation.

(20) "Religious institution" means a place that people regularly attend for religious services, meetings and other activities.

(21) "Residential District" means a zoning district contained in Sections 1102.0200 through 1102.0500 of the Toledo Municipal Code.

(22) "Sadomasochistic practices" means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

(23) "School" means either a private or public elementary, middle or high school established under State law maintained for the education of children.

(24) "Sex shop" means an establishment offering goods for sale or rent and that meets any of the following tests: it offers for sale items from any two of the following categories: adult media; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items make up more than 10 percent of its stock in trade or occupies more than 10 percent of its gross public floor area; more than 5 percent of its stock in trade consists of sexually oriented toys or novelties; or more than 5 percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties.

(25) "Sexual conduct" means the engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of arousing or gratifying the sexual desire of another person.

(26) "Sexual encounter center" means a business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of 'specified sexual activities'. The definition of sexual encounter center or any sexually-oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

(27) "Sexual gratification" means sexual conduct as defined herein.

(28) "Sexually-oriented acts" means sexual conduct as defined herein.

(29) "Sexually-oriented cabaret or sex-oriented cabaret" means an establishment and/or building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment which constitutes the 'primary live entertainment' is distinguished or characterized by an emphasis on the exhibiting of "specific sexual activities" or "specified anatomical areas" for observation by customers therein. A cinema or motion picture theater which shows hard-core material on more than half the days that it is open, or which is marketed as or offers features described as "adult", "XXX", or sexually oriented.

(30) "Sexually-oriented cinema, sexually-oriented motion picture theater, or sex-oriented cinema" means a cinema or motion picture theater which shows hard-core material on more than half the days that it is open, or which is marketed as or offers features described as "adult", "XXX", or sexually oriented.

(31) "Specified anatomical areas" means any one of the following: (1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(32) "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0184 Shoreline.

The line established between a body of water and land within the City, as established on the topographic maps taken from the aerial survey of March 1974, on file at the office of the Plan Commission.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0185 Side Yard.

A yard between the principal building and a side lot line, extending from the front yard to the rear yard and being the horizontal distance between a side lot line and the side of the principal buildings or any projections thereof.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0186 Skilled Nursing Care.

"Skilled Nursing Care" as that term is defined at Revised Code Section 3721.01(A)(4).

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0186.1 Stormwater Detention Pond.

A Stormwater Detention Pond is a facility designed to receive and hold stormwater and release it at a slower rate, usually over a number of hours. The entire volume of stormwater that enters the facility is eventually released.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0186.2 Stormwater Retention Pond.

Stormwater Retention Pond is used to manage stormwater runoff to prevent flooding, downstream erosion and improve water quality. Sometimes called a wet pond or wet detention basin, it is an artificial stormwater reservoir with vegetation around the perimeter and includes a permanent pool of water in its design.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0186.3 Stormwater Treatment Facility.

Stormwater Treatment Facility is a device installed or constructed to reduce or control stormwater peak runoff rates or to reduce stormwater contaminants. These facilities include, but are not limited to the construction of vegetated channels, grass filter strips, detention ponds, retention ponds, infiltration devices, wetlands, oil/water separators, catch basins screens or filters.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0187 Story.

That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. The unfinished space between the ceiling joists of the top story and the roof rafters shall be considered an attic and not a story.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

<javascript:void(0)>1116.0188 Street.

A public thoroughfare which affords the principal means of access to abutting property.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0189 Street and Highway Plan.

The latest version, as amended, of the Toledo-Lucas County Major Street and Highway Plan, on file in the offices of the Plan Commission and Clerk of Council. Such plan is hereby incorporated into the Zoning Code, and amendment of such plan shall be made only in accordance with the provisions of Section 1111.0600.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0190 Structural Alterations.

Any change in the supporting members of a building, such as bearing walls, or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0191 Structure.

Anything constructed, erected or placed on the land, the use of which requires a more or less permanent location on the land, or attached to something having a permanent location on the land.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0192 Swimming Pool.

(1) "Family Swimming Pool" - means an artificial body of water of permanent construction which necessitates any excavation, or in excess of 48 inches above ground level with a controlled water supply, over 24 inches in depth or with a capacity of over 100 cubic feet, used or intended to be used solely by the owner, tenant, family, or invitee without payment of any fee. Definition includes retention ponds and excludes detention ponds or ornamental ponds.

(2) "Portable swimming pool" - means an artificial body of water with a controlled water supply located above ground, not exceeding 48 inches above ground level, over 24 inches in depth or with a capacity of over 100 cubic feet and with such a nature that it may be dismantled and/or relocated, used or intended to be used solely by the owner, tenant, family, or invitee without payment of any fee.

(Ord. 555-08. Passed 9-9-08; Ord. 198-11. Passed 4-19-11.)

<javascript:void(0)>1116.0193 TARTA.

Toledo Area Rapid Transit Authority.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0194 Tattoo and Body Piercing Shop.

A city-licensed establishment for tattoo and body piercing. Chapter 1717 of the Health Code.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0195 Tobacco Paraphernalia.

Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, and any other item designed for the smoking, use or ingestion of tobacco products.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0196 Tobacco Products.

Any substance containing any tobacco leaves, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco; including products prepared from tobacco.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0197 Tow Lot.

Establishment that provides for the removal and temporary storage of vehicles but does not include disposal, permanent disassembly, salvage, or accessory storage of inoperable vehicles. This shall not include Light Equipment Repair services that have a tow truck and repairs vehicles on-site.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0197.1 Tree Boxes.

Tree Boxes are a green infrastructure stormwater control measure that are designed to collect the first flush of stormwater and treat it prior to discharge into the storm sewer system or subsoil. The structure is a pre-manufactured concrete box which is installed in-ground, filled with soil media and typically planted with native, non-invasive tree or shrub.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0198 Urban Design Center.

An educational center and catalyst for planning and design excellence in Toledo and Lucas County. The Urban Design Center celebrates, supports and promotes good design by: increasing public awareness and appreciation of good design through educational efforts, facilitating civic dialogue on design and planning issues, facilitating community involvement in design and planning efforts and increasing the community's capacity to produce high quality design.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0199 Utility Trailer.

Any vehicle designed and constructed in such a manner, mounted on wheels or a motor vehicle, so it can be drawn or carried upon streets or highways whose primary purpose is to haul personal property or other property or materials and is licensable as a utility trailer under Ohio Motor Vehicle licensing law for use on highways or streets.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0199.1 Vegetated Swale.

A Vegetated Swale is a long and narrow channel planted with a variety of trees, shrubs, and grasses. Stormwater runoff from impervious surfaces is directed through the swale, where it is slowed and in some cases infiltrated, allowing pollutants to settle out.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.01100 Walkway.

Means an off-street pedestrian path.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.01100.1 Wetland.

Wetland is an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.01100.2 Wheelchair lift.

A wheelchair lift, also known as a platform lift, or vertical platform lift is a fully powered device designed to raise a wheelchair and its occupant in order to overcome a step or similar vertical barrier.

(Ord. 193-16. Passed 5-24-16.)

<javascript:void(0)>1116.01100.3 Wheelchair ramp.

A wheelchair ramp is an inclined plane installed in addition to or instead of stairs. A wheelchair ramp can be permanent, semi- permanent or portable. Permanent ramps are designed to be bolted or otherwise attached in place. Semi-permanent ramps rest on top of the ground or concrete pad and are commonly used for the short term.

(Ord. 193-16. Passed 5-24-16.)

<javascript:void(0)>1116.01101 Wood Sheet Goods.

Produced by processes involving pressure, adhesives or binders. These may have layers or reconstituted wood, or materials other than wood. Examples are plywood, pressboard or other equivalent products.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.01102 Zero Lot Line.

A detached dwelling unit distinguished by the location of one exterior wall on a side property line.

(Ord. 170-04. Passed 3-23-04.)

Be amended to read as follows:

<javascript:void(0)>1116.0100 General terms.

<javascript:void(0)>1116.0101 Abutting.

Having property or district lines in common.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0102 Accessory Structure (or Building).

A subordinate structure, located on the same lot as the principal building, the use of which is naturally and normally incidental to the principal use of the principal building or land. An accessory structure cannot exceed 10,000 square feet in total floor area.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0103 Accessory Use.

A use of land or of a building or portion thereof customarily used with, and clearly incidental and subordinate to, the principal use of the land or building and ordinarily located on the same lot with such principal use.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0104 Agent.

A person authorized by a property owner to represent the property owner.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0105 Aisle.

That portion of the circulation area within a parking lot that provides access to parking spaces or a delivery zone. The minimum width permissible for an aisle to serve adjacent parking spaces shall depend on the angle of parking as illustrated in Section 1107.1911.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0106 Alley.

A strip of land, dedicated to public use, which affords only a secondary means of access to property abutting thereon.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0107 Basement.

A basement shall be included for the purposes of bulk and height measurements if used for dwelling or business purposes.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0107.1 Bioretention.

Bioretention are landscape elements designed to remove silt and pollution from surface runoff water. Stormwater is treated through a sand bed, grass buffer strip, ponding area, organic layer or mulch layer, planting soil, and plants. Stored water in bioretention basin areas infiltrate into the underlying soils and water table over a period of days.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0107.2 Bioswale.

A Bioswale is a linear vegetated swale that channels stormwater, infiltrating and filtering it with vegetation and soils as it travels.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0108 Blank Wall.

An exterior building wall with no openings and a single material and uniform texture on a single plane.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0109 Block.

A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0110 Boundary of Influence.

The geographic area whose social, economic, and/or environmental conditions is significantly affected by changes in the study area.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0111 Building.

Any structure consisting of a roof supported by walls, beams, girders, or columns, with or without other parts or appurtenances.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0112 Building Frontage.

The side or facade of a building closest to and most nearly parallel to an abutting street or place right-of-way.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0113 Build-to-Line.

An imaginary line on which the front of a building or structure must be located or built and which is measured as a distance from a public right-of-way.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0113.1 Catch Basin Filter.

A Catch Basin Filter is a woven or non-woven water-permeable material, generally made of synthetic products such as polypropylene, used in stormwater management and erosion and sediment control applications to trap sediment or to prevent fine soil particles from clogging the aggregates.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0114 Cellar.

That portion of a building, the ceiling of which is entirely below, or not more than four feet above, grade. No cellar or portion thereof shall be used as a complete dwelling unit, and the cellar shall not be included in bulk or height measurements.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0115 Channel.

The portion of a river reserved for navigation of boats.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0116 Clubs or Lodges.

Organizations of persons for special purposes or for the promulgation of sports, arts, literature, politics or other common goals, interests or activities, characterized by membership qualifications, dues or regular meetings, excluding clubs operated for profit.

(Ord. 170-04. Passed 3-23-04.)

1116.0116.1 Cold-Frame

An unheated outdoor structure consisting of a wood or concrete frame and a top made of glass or clear plastic, used for protecting seedlings and plants from the cold.

<javascript:void(0)>1116.0117 Commercial District Organization.

An organization that represents and involves a coalition of organizations, agencies, businesses, and individuals from throughout the community including those who have a direct economic tie to the commercial district and other members of the community who are interested in the community's overall health.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0118 Commercial Vehicle.

A vehicle designed, or licensed by the State, for the carriage of freight or merchandise.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0119 Common Open Space.

Usable open space intended for common use by occupants of a development, either privately owned and maintained or dedicated to a public agency, normally including swimming pools, recreation courts, patios, open landscaped areas, and greenbelts with pedestrian walkways and equestrian and bicycle trails. Common open space does not include off-street parking or loading areas, driveways, detention ponds, floodways, riparian areas, land with slopes in excess of 25 percent, required landscaping, or setbacks.

(Ord. 170-04. Passed 3-23-04.)

1116.0119.1 Community Garden

An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or non food ornamental crops, such as flowers, for personal or group use, consumption, sale, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

1116.0119.2 Compost

Organic material that can be used as a soil amendment or as a medium to grow plants.

1116.0119.3 Composting

Combining organic wastes (e.g., yard trimmings, food scraps, manures) in proper ratios into piles, rows, or vessels; adding moisture and bulking agents (e.g., wood chips) as necessary to accelerate the breakdown of organic materials ; and allowing the finished material to fully stabilize and mature through a curing process.

<javascript:void(0)>1116.0120 Connecting Walkway.

Any street sidewalk or any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0121 Corner lot.

A lot adjacent to two or more streets or places at their intersection.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0122 Decision-Making Body.

The entity that is authorized to take final action (approval or denial) on an application or permit under this Zoning Code.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0123 Development.

Any human caused change to improved or unimproved real estate that requires a permit or approval from any agency of the city, including but not limited to construction, structural alteration, or reconstruction of a building or other structure, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0124 District (or Zoning District).

A section or sections of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of setbacks, and the intensity of use are uniform.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0125 Dock.

Any construction that extends over water, providing attachments for tying up boats and a walkway for access to those boats. Pilings placed in the water for tying the stern end of dock and boats are considered a part of dock construction.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0126 Dormitory.

A facility providing sleeping accommodations, common dining facilities and related uses for students or employees of a university or college.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0127 Double-Frontage Lot.

A lot having a lot frontage on two non-intersecting streets or places, as distinguished from a corner lot.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0128 Drip Line.

A somewhat circular line determined by the outside end of the branches of a tree or shrub projected vertically to the ground.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0129 Drive-Through.

A building or portion of a building that permits customers to receive goods or services from within a motor vehicle.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0130 Driveway.

A permanent hard-surfaced way that provides access to a garage, carport, unsheltered parking space, or parking lot from a street or place.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0131 Dwelling.

Any building or portion thereof which is designed for and used exclusively for residential purposes containing one or more dwelling units.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0132 Dwelling Unit.

A room or group of rooms in a building forming a single habitable unit, with facilities used or intended to be used for living, sleeping, cooking, and eating purposes.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0133 Facade.

That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.

(Ord. 170-04. Passed 3-23-04.)

1116.0133.1 Farm Stand

A temporary structure used for display or sale of produce.

<javascript:void(0)>1116.0134 Floor Area.

The sum of the gross horizontal areas of the several stories of the building measured from the exterior faces of the exterior walls or from the center line of party walls. Included shall be any basement (but not any cellar), interior balconies and mezzanines, elevator shafts and stair wells, and enclosed porches. The floor area of accessory uses and of accessory buildings on the same lot shall be included.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0135 Floor Area Ratio.

The floor area of the building or buildings on a lot divided by the area of the lot.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0136 Front Lot Line.

A lot line along a street or place.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0137 Front Yard.

A yard extending across the front of a lot between the side lot lines, being the horizontal distance between the right-of-way and the principal building or any projections thereof other than the projections of permitted uncovered steps, uncovered balconies or unenclosed porches.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0138 Grade.

(1) For buildings having walls adjoining one street or place only, the elevation of the sidewalk at the center of the wall adjoining the street or place;

(2) For buildings having walls adjoining more than one street or place, the average of the elevation of the sidewalks at the centers of all walls adjoining the streets or places;

(3) For buildings having no wall adjoining a street or place, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Any wall approximately parallel to and not more than 5 feet from a right-of-way is to be considered as adjoining the street or place. Where no sidewalk exists or where none of the walls adjoin a right-of-way, the grade shall be established by the Commissioner of Building Inspection and Code Enforcement or by the Division of Transportation.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0138.1 Grass Filtration Strips.

Grass Filtration Strips are uniform areas of dense turf or meadow grasses with minimum slope, designed to accept diffuse sheet flow from parking lots or other impervious surfaces.

(Ord. 155-16. Passed 4-26-16.)

<javascript:void(0)>1116.0138.2 Green Roof.

Green Roof is a roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane.

(Ord. 155-16. Passed 4-26-16.)

1116.0138.3 Greenhouse

A building primarily made of glass, plastic or fiberglass in which plants are cultivated.

<javascript:void(0)>1116.0139 Harbor Line, Channel Line, and Docking Line.

The publicly defined lines that identify the edge of navigation channels. They appear on the Official Zoning Map.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0140 Height (of building or other structure).

The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

(Ord. 170-04. Passed 3-23-04.)

<javascript:void(0)>1116.0141 Household.

One or more persons occupying a dwelling unit as a functional unit. A functional unit is either a family, one or more persons related to each other by blood, adoption, or marriage; or two or more persons whose relationship is functionally equivalent to a family but who are not related by blood, adoption, or marriage. Persons occupying a boarding house, hotel, lodging house, group rental dwelling, or fraternity or sorority house, as herein defined do not constitute a household. In determining whether a group of unrelated persons is a household under the definition set forth above, the Commissioner of Building Inspection and Code Enforcement shall apply the factors set forth in Section 1115.0900 or such of those factors as may reasonably be known to the Commissioner on the date of determination.

(Ord. 170-04. Passed 3-23-04.)

1116.0141.1 Hoop House

A structure made of PVC piping or other material covered with translucent plastic, constructed in a “half round” or hoop shape.