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Toledo Municipal Code
TOLEDO MUNICIPAL CODE
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
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
CHAPTER 1101 Introductory Provisions
CHAPTER 1102 Base Zoning Districts
CHAPTER 1103 Overlay Zoning Districts
CHAPTER 1104 Use Regulations
CHAPTER 1105 Accessory Uses
CHAPTER 1106 Intensity and Dimensional Standards
CHAPTER 1107 Parking, Loading and Access
CHAPTER 1108 Landscaping and Screening
CHAPTER 1109 Design Standards
CHAPTER 1110 Flood Control Regulations
CHAPTER 1111 Development Approval Procedures
CHAPTER 1112 Review and Decision-Making Bodies
CHAPTER 1113 Signs
CHAPTER 1114 Nonconformities
CHAPTER 1115 Violations, Penalties and Enforcement
CHAPTER 1116 Terminology
Appendix A - Downtown Overlay District
Appendix B - Old West End Historic District Map
Appendix C - Vistula Historic District Map
Appendix D - Westmoreland Historic District Map
Appendix E - Maumee Overlay District Map
Appendix F - Main Starr Front Urban Overlay District
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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1111.1604 Contents of Certificate.
   The Certificate of Use and Occupancy shall state that the building, or proposed use of a building or land, complies with all the building and health laws and ordinances and with the provisions of this Zoning Code.
   A.   A record of all certificates shall be kept on file in the office of the Division of Building Inspection.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.1700 Variances.
   A.   A record of all certificates shall be kept on file in the office of the Division of Building Inspection and Code Enforcement.
   B.   Copies of certificates shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(Ord. 170-04. Passed 3-23-04.)
1111.1701 Applicability.
   This section sets forth required procedures for review and approval of variances from the standards of this Zoning Code. Variances are intended to address unnecessary hardships or practical difficulties resulting from strict application of zoning standards. The variance procedures of this section may not be used to permit a use in a zoning district that is not otherwise allowed in that district, nor may the variance procedures be used to waive, vary or otherwise circumvent a condition of approval or requirement imposed by another decision-making body.
(Ord. 170-04. Passed 3-23-04.)
1111.1702 Application Filing.
   Applications for zoning variances must be submitted to the Division of Building Inspection.
(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)
1111.1703 Public Hearing Notice.
   Mailed notice of the Board of Zoning Appeals hearing must be provided in accordance with Section 1111.0300.
(Ord. 170-04. Passed 3-23-04.)
1111.1704 Board of Zoning Appeals' Hearing and Decision.
   A.   The Board of Zoning Appeals must hold at least one public hearing on the proposed variance.
   B.   Following the hearing, at the same or subsequent meeting, the Board of Zoning Appeals must take action to approve, approve with conditions, or deny the proposed variance.
(Ord. 170-04. Passed 3-23-04.)
1111.1705 Approval Criteria.
   Zoning variances shall only be approved when the Board of Zoning Appeals finds substantial evidence in the official record to support at least five of the following findings:
   A.   Unnecessary hardships or practical difficulties apply to the subject land, buildings or uses which are not generally applicable to other land, buildings, structures, or uses in the same zoning district;
   B.   The undue hardship or practical difficulties are not the result of the actions of the property owner or applicant, their agent, employee, or contractor;
   C.   Granting the requested variance will not result in advantages or special privileges to the applicant or property owner that the Zoning Code denies to other land, structures, or uses in the same district, and that the variance is the minimum variance necessary to provide relief;
   D.   The variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance;
   E.   The variance is not inconsistent with the stated purpose and intent of this Zoning Code (See Section 1101.0400);
   F.   Granting this request will not change or alter the overall image and character of the neighborhood, or introduce new materials or colors that are incompatible with the neighborhood; and
   G.   The variance is not an after-the-fact approval of an intentional violation.
(Ord. 170-04. Passed 3-23-04; Ord. 437-24. Passed 9-11-24.)
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