Loading...
A. Purpose. This section classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and certain other site factors. The use categories provide a systematic basis for assignment of uses to zoning districts.
B. Classification Considerations.
1. Uses are assigned to the category that most closely describes the nature of the principal use, based on the "Characteristics" description of each use category. Developments may have more than one principal use. (See Section 1104.0105.)
2. The following factors are considered to determine what use category the use is in, and whether the activities constitute principal uses or accessory uses. The presence or absence of any single factor is not necessarily determinative of what use category the use is in.
a. The description of the activity in relationship to the characteristics of each use category;
b. The relative amount of site or floor space and equipment devoted to the activity;
c. Relative amounts of sales from each activity;
d. The customer type for each activity;
e. The relative number of employees in each activity;
f. Hours of operation;
g. Building and site arrangement;
h. Vehicles used with the activity;
i. The relative number of vehicle trips generated by the activity;
j. Signs;
k. How the use advertises itself; and
l. Whether the activity would be likely to be found independent of the other activities on the site.
C. Examples. The "examples" subsection of each use category provides a list of examples of uses that are included in the use category. The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a use whose business name is "Wholesale Liquidation" but that sells mostly to consumers would be included in the Retail Sales and Service category rather than the Wholesale Sales category. This is because the actual activity on the site matches the description of the Retail Sales and Service category.
(Ord. 170-04. Passed 3-23-04.)
Activities that primarily involve raising or producing field crops or other plants.
A. Major Urban Agriculture. Land, nurseries, agriculture buildings, greenhouses or community gardens, as defined in Sec. 1116.0100
, used to raise flowers, shrubs, and plants for sale on-site. This includes the use of structure(s) greater than four-hundred square feet (400 ft2) in total area.
B. Minor Urban Agriculture. Land, farming, truck gardening, forestry, tree farming or community gardens, as defined in Sec. 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 four-hundred square feet (400 ft2) in total area.
C. Exempt. Animal husbandry and/or livestock husbandry does not constitute urban agriculture and shall conform to the current Toledo Municipal Code and State of Ohio Department of Agriculture regulations. It is the responsibility of the person keeping livestock to be aware of and abide by all applicable local, state or federal requirements including but not limited to the Ohio Department of Agriculture's Ohio Livestock Care Standards and private deed or covenant restrictions.
(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)
Loading...