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Surface Parking Lots within the part of the Downtown Overlay District bounded by Michigan Street, Jackson Street, Water Street and Lafayette Street shall be in full compliance with the provisions of Section 1103.0207 within three (3) years of the effective date of the adopting legislation unless granted a variance or extension as provided herein. All other Surface Parking Lots in the Downtown Overlay District shall be in full compliance with Section 1103.0207 within five (5) years of the effective date of the adopting legislation unless granted a variance or extension as provided herein.
(Ord. 355-19. Passed 7-23-19.)
Fencing on surface lots that are not used for commercial parking that existed on the day this code is enacted except for barbed wire fences, may be granted an extension of up to ten (10) years to comply with the requirements of this Chapter by a recommendation by the Toledo Downtown Parking Lot Review and Improvement Advisory Committee (DPLRIAC) to the Plan Commission Director. Additionally, surface lots that are not used for public parking that are determined by the DPLRIAC to currently have a unique landscaping design or perimeter finish may be granted an 'exemption' from the metal fencing & brick pillars, as long as the unique landscaping design or perimeter finish is maintained in excellent or good condition as determined by the DPLRIAC.
(Ord. 355-19. Passed 7-23-19.)
A. Downtown Parking Lot Review and Improvement Advisory Committee Authority
1. There is hereby established the Toledo Downtown Parking Lot Review and Improvement Advisory Committee ("DPLRIAC") which shall have the responsibility for reviewing all Plans and requests for variances in the DOD, for compliance with the provisions of this Chapter. The DPLRIAC shall review all Surface Parking Lot Design plans in the Downtown Overlay District and may issue variances from brick columns, the height of the fencing, or the spacing of the brick columns. No color variances for fence or columns shall be permitted.
2. The DPLRIAC shall recommend to the Plan Director to approve, approve with modifications, or disapprove submissions for parking lot improvements and/or variances. Any applicant may appeal decisions on plans or variances by the DPLRIAC or any other interested person to the Plan Commission, in writing, within 7 days of an adverse decision of the DPLRIAC. The Plan Commission must hear such appeals within thirty (30) calendar days of the date of receipt of the appeal.
3. If the DPLRIAC forwards the Submission to the Toledo Plan Commission, or the decision under these Declarations is appealed to the Toledo Plan Commission, the Toledo Plan Commission shall review the Submission in accordance with these Declarations, the Toledo Municipal Code, and its Rules, and render its decision in writing.
4. The DPLRIAC may recommend public improvements to the public ways in the Downtown Overlay District to the Mayor and may recommend to the Mayor expenditures of any funds maintained in the revenue accruing account established pursuant to Section 743.04(C) of this Code.
B. DPLRIAC Composition and Term
The DPLRIAC shall consist of not more nor less than seven (7) members who shall be appointed by the Mayor in accordance with Charter Section 61 but shall include:
1. A representative of the Downtown Toledo Improvement District,
2. A representative from the Toledo City Commission (or their designee),
3. A private parking lot owner/operator,
4. A public parking lot owner/operator,
5. A restaurant or retail store owner/operator,
6. A downtown resident who owns their dwelling, and
7. A representative of the Toledo Design Center or, if no such representative is available, an elector of the City of Toledo.
In the event that there is a vacant position on the DPLRIAC that has not been filled by the process defined in these Declarations, the DPLRIAC, by majority vote, may temporarily appoint a person to serve on the DPLRIAC until a replacement is designated. The DPLRIAC members shall serve three year terms. A member may serve no more than two consecutive terms.
C. DPLRIAC RULES
The Chair shall be responsible for providing a non-voting Secretary for the DPLRIAC who shall be responsible for maintaining the minutes and records of the DPLRIAC. A quorum of the DPLRIAC shall consist of five (5) members, one (1) of which must be the Chair. Four (4) affirmative votes are necessary for all DPLRIAC review action, unless stated otherwise in these Declarations. In the event of a tie vote, the Chair shall render a decision on behalf of the DPLRIAC.
The DPLRIAC may adopt Rules of Procedure ("Rules") to govern the operations of the DPLRIAC. Such Rules must be adopted by, and may be amended by, a vote of not less than four (4) members of the DPLRIAC. Robert's Rules of Order shall govern the actions of the DPLRIAC unless otherwise expressly provided for in the Rules.
The DPLRIAC may adopt provisions to allow the Chair to administratively approve certain Submissions conforming to the Declarations without review by the TWDARC.
D. DPLRIAC Procedures
An applicant shall forward Submissions to the DPLRIAC for preliminary review in accordance with the Declarations before review of the Submission by the DPLRIAC. The DPLRIAC shall review the Submission for conformance with the Declarations and the Toledo Municipal Code, and shall respond in writing within thirty (30) days of the filing of the Submission as to whether the Submission materially conforms to the Declarations and Toledo Municipal Code, or what modifications are needed to achieve conformance.
If the Submission materially conforms to the Declarations and the Toledo Municipal Code, the DPLRIAC shall forward the Submission and all comments to the Toledo Plan Commission for review as provided for in this Article.
E. DPLRIAC Liability
The DPLRIAC, as a City of Toledo entity, shall have the liability protections granted to such bodies under the laws of the State of Ohio.
F. Exceptions
The DPLRIAC is authorized to recommend exceptions from any provision of the Declarations where such variances will assist in carrying out the intent and spirit of the development and where strict application of the provision would result in a particular hardship to the applicant.
G. Public Meetings
Regular and Special meetings of the DPLRIAC shall be subject to the public meeting and notice requirements (commonly known as the "Sunshine Laws") of the Ohio Revised Code and the Toledo Municipal Code.
H. In the event that the DPLRIAC is no longer an official, active organization for the Downtown Parking Lots then the development plans shall be subject to the Site Plan Review procedure of the TMC Section 1111.0800.
(Ord. 355-19. Passed 7-23-19.)
The City Council has declared as a matter of public policy that the preservation, protection, and use of areas, places, buildings, structures and works of art - whether designated as local landmarks or in local historic districts or National Register Historic Districts - is a public necessity and is required in the interest of the health, safety and welfare of the people. The purposes of the -HO Historic Overlay Districts are to:
A. Safeguard the heritage of the City by preserving sites and structures within National Register Historic Districts and/or within state and locally designated historic districts that reflect the City's history and architectural past.
B. Stabilize and improve property values.
C. Strengthen the economy of the City.
D. Protect and enhance the City's attractions to residents, tourists and visitors.
E. Enhance the visual and aesthetic character, diversity and interest of the City.
F. Foster civic pride in the beauty and notable accomplishments of the past.
G. Promote the use and preservation of historic sites and structures for the education and general welfare of the people of the City.
H. Preserve sound existing housing stock and safeguard the residential character of primarily residential neighborhoods.
(Ord. 170-04. Passed 3-23-04.)
The definitions of this section are to be used solely for the purpose of interpreting and administering the Historic District and landmark provisions of this Zoning Code.
A. "Alter" or "alteration" means any chance requiring a building permit involving the exterior architectural features, including significant landscaping, of any property which lies within a Historic District, not including demolition, removal or new construction.
B. "Applicant" means any person, persons, association, organization, partnership, units of government, public bodies and corporations who applies for a Certificate of Appropriateness in order to undertake an environmental change within a Historic District or to a landmarked property.
C. "Certificate of Appropriateness" means a certificate authorizing any environmental change within a Historic District or to a landmarked property.
D. "Delegates-at-large" means residents of Toledo appointed to the Historic District commissions who represent education, civic, governmental, professional and historic preservation organizations.
E. "Demolition" means the complete or substantial removal or destruction of any structure which is located within a Historic District or on a landmarked property.
F. "Environmental change" means any exterior alteration, demolition, removal or new construction of any property, requiring or not requiring a building permit subject to the historic overlay provisions of this Zoning Code.
(Ord. 314-12. Passed 6-19-12.)
G. "Exterior architectural feature" means the architectural style, general design and arrangement of the exterior of a structure including, but not limited to, the type, color and texture of the building material, doors, windows, roof, porches and other appurtenant features.
H. "Historic District" means any district that has been locally designated by the City Council to be regulated by the historic overlay provisions of this Zoning Code.
I. "Landmark" means a single property or site that has been locally designated by the City Council to be regulated by the historic overlay provisions of this Zoning Code.
J. "Mothballing" means the process of protecting a vacant historically and/or architecturally significant building from further deterioration and/or vandalism by:
1. Patching the roof of the building to protect the building from inclement weather; and/or
2. Securely boarding up the doors, windows and any or all other openings of the building.
K. "Neighborhood delegates" means residents of the City who reside in or own property within designated Historic Districts.
L. "Person" means any person, persons, associations, organizations, partnership, units of government, public body, corporation, owner occupant or tenant, vendor or vendee under a land installment contract, court-appointed guardian of a minor or incompetent owner of real property, parent or custodian of a minor owner of real property, trustee under a trust agreement owning real property, or any person contracting with or acting as agent or servant for any of the above.
M. "Preservation" means the process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilize the structure and provide structural safety without changing or adversely affecting the character or appearance of the structure.
N. "Property owner" means the owner or owners of record.
O. "Reasonable economic use" means a use for a structure or property that will produce a reasonable return for the owner. "Reasonable economic use" means that the property or structure is economically viable. In a situation involving a property or structure that is not income-producing, reasonable economic use means that the property or structure can be put to a reasonable beneficial use.
P. "Rehabilitation" or "renovation" means the modification or change to an existing building. Rehabilitation extends the useful life or utility of the building through repairs or alterations, sometimes major, while the features of the building that contributed to its architectural, cultural or historical character are preserved and/or restored.
Q. "Standards and guidelines" means the building construction and building rehabilitation criteria, derived from historical and architectural information reflecting that particular Historic District or landmarked property, to be used by a Historic District Commission in considering Certificate of Appropriateness applications.
R. "Structure" means any building including houses, stores, warehouses, places of religious assembly, schools, garages, barns, carriage houses, tool sheds, or similar buildings, and also fences, walls, light fixtures, steps, signs, works of art, or other like fixtures of any appurtenances thereto, or any significant landscaping.
(Ord. 170-04. Passed 3-23-04.)
The required procedure for designation of expansion of Historic Districts and landmarks is set forth in Section 1111.1000.
(Ord. 170-04. Passed 3-23-04.)
The Historic Overlay (-HO) zoning classification may be applied to Historic Districts or individual landmarks. Once -HO zoning is approved, the Planning Director must cause the Historic District designation to be shown upon the Official Zoning Map as an overlay without changing the base zoning district or districts. Whenever there is conflict between regulations applicable in a base zoning district and the regulations of the Historic District, the more restrictive will apply.
(Ord. 170-04. Passed 3-23-04.)
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