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PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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1108.0202 Frontage Greenbelt.
   A.   Applicability. An extensively landscaped frontage greenbelt shall be provided along public right-of-ways, but not including alleys. Plantings required to meet this section shall not be located within the public right-of-way. This requirement applies to all zoning districts except those districts defined in Section 1108.0300.
   B.   Requirements. Said frontage greenbelt shall include grass, trees and shrub plantings.
      1.    At least one tree must be provided for every 30 feet of lot frontage or fraction thereof. Trees are not required to be evenly spaced and may be clustered.
      2.    If a parking lot is proposed to be developed in the front of the property, the frontage greenbelt shall include a solid evergreen hedge planting to screen the parking lot so that no headlights of any vehicles can be seen from the public street. Low, undulating (horizontal and vertical) earth berms or decorative stone or brick walls (no concrete block), or ornamental metal fencing or combinations thereof may also be approved by the Planning Director.
      3.    Frontage greenbelts shall be a minimum width of 15 feet. For properties over 5 acres and/or those with over 500 feet of frontage, the frontage greenbelt shall be a minimum of 30 feet wide measured perpendicular from the street or place right-of-way abutting the property.
      4.    See also Section 1107.1202B.3. when within 50 feet of a Residential District.
      5.   Stormwater treatment facilities may occupy up to fifty (50%) percent of the frontage greenbelt provided they meet the criteria outlined in TMC Section 1108.0206 Stormwater Treatment Facilities. Retention and detention pond stormwater treatment facilities are not permitted within the required frontage greenbelt.
(Ord. 170-04. Passed 3-23-04; Ord. 156-16. Passed 4-26-16.)
1108.0203 Buffer and Screening Requirements.
   A.   Intent. The intent of this section is that effects of incompatible land uses on abutting properties be reduced by requiring screening and buffering between the uses in order to minimize the harmful impacts of noise, dust and debris, headlight glare, and other objectionable activities by an adjoining or nearby use. The buffer provides transition between the incompatible uses by requiring a landscape yard of a minimum specified depth along the shared side and/or rear property lines. The purpose of the screen is to provide a year round visual obstruction.
   B.   Applicability. Except as stated in Section 1108.0300, the buffer and screening requirements of this section apply to all development that requires Major or Minor Site Plan Review. (See Section 1111.0800.)
   C.   Requirements. Refer to Table 1108.0203 to determine any screening requirements for the proposed development. First identify the type of zoning for the proposed development (along the left side of the table) and each adjoining property (along the top of the table). Find where the zoning of the proposed development and each adjoining property intersect on the matrix. If a screen is required, a capital letter will indicate the type of buffer to be applied.
Table 1108.0203 - Screening Requirements Matrix
Existing Zoning
Existing Zoning
Industria l
CR
CN, CO and IC
RM
RS and RD
CM, CS, PO, DO and HO
Zoning of Subject Site
Industrial
 
B
B
A
A
B
CR
B
B
A
A
B
CN, CO, and IC
B
B
A
A
RM
A
A
A
B[1]
RS and RD
A
A
A
B[1]
CM, CS, -PO, -DO and HO
See Section 1108.0300, "Urban Commercial Landscape Standards."
= No screen or buffer required
[1] Type A buffer required along rear property line
 
   D.   Landscape Buffer Standards. For all landscape buffers (Type A, and B):
      1.    One and a half understory trees or one evergreen tree may be substituted for one canopy tree for up to 50 percent of the required canopy trees.
      2.    A fence, wall, or berm 6 feet to 8 feet in height may be used and can substitute for shrub requirements except for a Type A landscape buffer with a minimum width of 10 feet.
      3.    All landscape material required for the buffer must be confined to the required width of the boundary buffer.
      4.    Plant material shown in the illustrations for the buffer width is for illustrative purposes only. The actual landscape design for placement and spacing of the plant material will vary per buffer area, although the landscape design and installation must equal the required amount of plant material per buffer.
      5.    If the buffer is part of the site drainage system, the ground cover and soil must be capable of filtering stormwater runoff prior to discharge into the City's storm sewer system.
   E.   Type A Landscape Buffer.
 
Minimum Buffer Width
100 Linear Feet
Landscape Material Requirements
Canopy Trees
Shrubs
10 feet
Solid fence or wall required
 
4
15
25 feet
 
4
20
 
   F.   Type B Landscape Buffer.
 
Minimum Buffer Width
100 Linear Feet
Landscape Material Requirements
Canopy Trees
Shrubs
10 feet
 
4
15
 
   G.   Dumpster/Trash Receptacle Screening.
      1.    Screening must be a minimum height of 6 feet.
      2.    All four sides of the dumpster must be screened.
      3.    The screen should incorporate access to the dumpster by using a wooden fence or other opaque device to serve as a gate.
      4.    Screening materials can be any combination of evergreen plantings, fence or wall structure.
      5.    A dumpster may not be in any required setback or landscape buffers and shall be located as far away from residential areas as possible.
      6.    Dumpsters and trash receptacles serving commercial or industrial uses may not be located in Residential Districts.
      7.    Dumpsters may not be located in the public right-of-way as stated in Section 1361.10(b)(10) of the Building Code.
   H.   Outdoor Storage Screening. In all Commercial and Industrial Districts, fencing to screen from public view open storage areas, except display areas for customer viewing when abutting a Commercial or Industrial District, shall be required in accordance with the following criteria:
      1.    The fencing shall be at least 6 feet high, but not higher than 10 feet, except that, when adjacent to a Residential District or residential use, fencing no higher than 3 1/2 feet high shall be installed within the front setback.
      2.    The fence type may be shadow box, chain link with slats, stockade, or another type approved by the Plan Commission.
      3.    Wherever possible a Type A landscape buffer should be used to soften the appearance of the fence. (See Section 1108.0203E.)
      4.    No part of any fencing may extend into the public right-of-way.
      5.    See Section 1104.1600 for Storage of Towaway Vehicles screening standards.
   I.   Stormwater Facilities.
      1.    No rip-rap, crushed stone, concrete or other impervious materials may be exposed above the average pool elevation for any retention pond.
      2.    Trees and other plant material can be planted along the stormwater facility.
      3.    Buffers or landscape screening areas that are part of the stormwater runoff system must comply with the City's stormwater discharge control policies pursuant to Chapter 941 of the Streets, Utilities and Public Services Code as administered by the Department of Public Utilities.
(Ord. 170-04. Passed 3-23-04.)
1108.0204 Parking Lot Landscaping (Interior and Perimeter). 
   A.   Applicability.
      1.    Parking lots include the parking use area, access drives, driveways, aisles and loading areas for the purpose of this section.
      2.    The standards of this section applies to all off-street parking lots containing five or more off-street parking spaces for any use, except in those districts defined in Section 1108.0300 and IG Districts unless the IG District abuts a residential use.
      3.    Where an existing parking lot is expanded by 20 percent or more, landscaping must be provided for the entire area and not merely to the extent of its expansion.
      4.    See also Section 1108.0202 for frontage greenbelt requirements and Section 1109.0303 for additional standards that apply to Large-Scale Retail projects.
   B.   Area and Dimensional Standards.
      1.    The total interior landscaping required in parking lots is 20 square feet per parking and stacking space. Any landscaping required for frontage greenbelt plantings (Section 1108.0202) or that required between the building and parking lot does not account for required interior parking lot landscaping.
      2.   Landscape areas within the parking area must be peninsular or island types and must be constructed with 6 inch by 18 inch concrete curbing, cast-in-place, extruded, or by some other process approved by the Planning Director, to minimize damage to plant material. Where the landscape area is part of the stormwater treatment facility for the parking lot, curb openings or wheel stops shall be required to allow for drainage into the stormwater treatment facility.
(Ord. 155-16. Passed 4-26-16.)
      3.   Topsoil must be back filled to provide positive drainage of the landscape peninsula or island, unless landscape peninsula or island is being utilized as a stormwater treatment facility.
(Ord. 155-16. Passed 4-26-16.)
      4.   All parking spaces must be within 100 linear feet of a landscaped area.
      5.   All landscaping areas must have a minimum dimension of at least 9 feet and be at least 160 square feet in area.
      6.   Landscaped areas may not contain bare soil, aggregated stone or decorative rock. Any ground area must be covered with hardwood mulch, grass or other vegetative ground cover, unless approved as part of the stormwater treatment facility.
(Ord. 155-16. Passed 4-26-16.)
      7.    Landscaped terminal islands must be provided at the end of each parking row.
      8.    Divider medians that form a continuous landscaped strip may be installed between abutting rows of parking spaces. The minimum width of divider medians must be 10 feet.
      9.    Perimeter landscaping must be installed along any parking lot area adjacent to a street, place, or driveway, or which is visible from an immediately adjacent property.
         a.    Perimeter landscaping must consist of a landscape area at least 10 feet in width, exclusive of sidewalks, walkways, trails, or right-of-way and must be located between the parking lot and the property line.
         b.    For overlap with another perimeter buffer area see Section 1108.0204D.
      10.    Wheel stops must be provided to ensure that vehicles cannot overhang directly on plant material.
   C.   Quantity Requirements.
      1.    Interior.
         a.    Two canopy trees are required to be installed in interior landscape areas for each 10 parking spaces within the parking lot.
         b.    Six shrubs are required to be installed in interior landscape areas for each 10 parking spaces within the parking lot. One canopy tree may substitute for three shrubs.
         c.    Trees and shrubs do not have to be equally spaced, but may be grouped.
      2.    Perimeter.
         a. A perimeter landscape buffer shall be provided abutting the parking area and to visually screen all off-street loading facilities from view of Residential districts and public right-of-ways. A minimum of at least one canopy tree must be provided for each 30 linear feet, plus a continuous shrub with a minimum height of 18 inches (when installed so as to achieve full screening at maturity).
      3.    Credit.
         Existing healthy trees and shrubs on a site may be used to meet these requirements upon review and approval by the Planning Director.
   D.   Overlapping Requirements.
      1.    The parking lot perimeter landscaping width and planting requirements of Section 1108.0204 when along a public right-of-way will count towards the width and planting requirements of the frontage greenbelt requirement of Section 1108.0202.
      2.    The parking lot perimeter landscaping width and planting requirements of Section 1108.0204 when adjacent to another property will count towards the width and planting requirements of the buffer and screening requirements of Section 1108.0203.
(Ord. 170-04. Passed 3-23-04.)
1108.0205 Interior Site Landscaping.
   A.   Applicability. All developments and redevelopment, except those districts defined in Section 1108.0300, including alterations or expansions to existing developments, must provide interior landscaping in addition to other landscaping requirements. Interior site landscaping must consist of foundation shrub plantings and new tree planting or the preservation of existing trees or hedges within the development site.
   B.   Standards. The following interior landscape standards apply:
 
Use
Requirement
Multi-Dwelling Residential
One tree per 500 square feet of building coverage, or fraction thereof, for all structures. Greenbelt Frontage trees are included in this total, minimum of two trees in the front and side yards. Foundation plantings for the full street-facing building elevation; and landscape areas at major building entrances.
Commercial
In addition to the other landscape requirements for buffer areas, frontage greenbelts, and landscaping for parking lot areas, the following shall be provided: one 2-inch caliper tree for every 1,000 square feet of building coverage (footprint); foundation plantings along all portions of the building that are visible from the public rights-of-way; and landscaping at all major building entrances.
Industrial
In addition to the other landscape requirements for buffer areas, frontage greenbelt, and landscaping for parking lot areas, the following shall be provided: one 2-inch caliper tree for every 2,000 square feet of building coverage; foundation plantings along all portions of the building that are visible from public street rights-of-way; and landscaping at all major building entrances.
 
   C.   Accessibility.
Interior landscaping must not prohibit or block access to emergency facilities (e.g., fire hydrants).
 
(Ord. 170-04. Passed 3-23-04.)
1108.0206 Stormwater Treatment Facilities (Bioretention Areas).
   A.   A Stormwater Treatment Facility is defined by 941.01. In all zoning districts except the Downtown Overlay District (DOD), Stormwater Treatment Facilities may be located within the required landscaping areas, frontage greenbelt area, buffer area, parking lot screening area, or landscape islands provided the following criteria are met:
      1.   Traditional detention/retention ponds are prohibited in the front yard. For the purpose of this Section, traditional detention/retention ponds are collection areas that are designed to detain or retain water onsite and either allow it to slowly drain through an outlet, or maintain stormwater onsite at a set level without the use of natural infiltration and vegetative filtration systems as their main system of stormwater handling and disbursement.
      The Plan Director may waive this requirement if, in consultation with the City of Toledo's Division of Engineering Services, it is determined that physical site characteristics or constraints cause placement of these facilities elsewhere impractical. In no case shall traditional detention/retention ponds be situated within the frontage greenbelt.
      2.   Facilities must be designed to infiltrate to drain dry or have a bottom slope minimum of 1% to drain dry.
      3.   Side slopes shall have a maximum side slope no more than 3:1 (three units horizontal to one unit vertical).
      4.   If located within the frontage greenbelt the stormwater treatment facility may only occupy up to 50% of the actual available green space.
         a.   Footprint of stormwater treatment facility is defined by the top of any slope that is 5:1 or steeper.
         b.   Footprint of stormwater treatment facility may cross the greenbelt boundary.
      5.   Concrete drainage structures must be located to provide maximum benefit for stormwater treatment effectiveness, and must also be mostly concealed within the side slope, and be surrounded by landscape screening rather than visibly protruding into the landscaping.
   B.   Plantings and ground cover.
      The stormwater treatment facility must be planted and landscaped as such:
      1.   All landscaping requirements of TMC Ch. 1108 - Landscape and Screening must nonetheless be achieved for the frontage greenbelt area, buffer area, parking lot screening area, or landscape islands.
      2.   Bioretention filter beds must be planted with turf, trees, and/or perennial plant materials chosen from lists provided by the Rain Garden Initiative.
      3.   Rock is only permitted when designed for dissipation of velocity at locations of concentrated stormwater runoff or for pretreatment considerations according to design guidelines.
      4.   Side slope shall be grass or sod.
      5.   Bottom of pond shall be native plants and grasses appropriate for the type of stormwater facility.
         i.   A list of acceptable native plants may be obtained from the Toledo-Lucas County Rain Garden Initiative.
         ii.   A stormwater treatment facility may be planted with grass however additional screening will be required in accordance with TMC Section 1108.0200 or TMC Section 1108.0300.
   C.   Designs must be approved by DPU, including but not limited to:
      1.   A maintenance-free outlet.
      2.   No stone, riprap, concrete or other impervious materials shall be allowed within the stormwater treatment facility unless required by the ODNR Rainwater and Land Development manual and approved by the Division of Engineering Services.
      3.   Design is according to the State of Ohio Construction General Permit (latest version) and the City Storm Water Management Plan (latest version), both of which include regularly updated design guidance.
   D.   The stormwater treatment facility shall meet the approval of The City of Toledo's Division of Engineering Services. Facilities not constructed as approved shall be in violation of this code and may also be subject to fees and penalties as set forth in TMC Chapter 941.
   E.   The landowner, or successors in interest, or agent, if any, or lessee must be jointly responsible for the regular maintenance of the stormwater treatment facility. Stormwater treatment facilities not properly maintained shall be a violation of this code and may also be subject to fees and penalties as set forth in TMC Chapter 941.
   F.   In the Downtown Overlay District, bioretention areas shall be restricted to roof gardens, rear yards and courtyards only.
   G.   If a stormwater treatment facility alters an approved landscape plan, it shall be resubmitted for the review of the Director of the Planning Commission.
(Ord. 253-09. Passed 4-28-09; Ord. 155-16. Passed 4-26-16; Ord. 481-24. Passed 9-25-24.)
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