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A. In reviewing the lighting proposed for a lot to be developed in the District, factors to be considered include but are not limited to:
1. Safety provided by the lighting.
2. Security provided by the lighting.
3. Light spillage or glare onto adjoining residential properties and/or streets is prohibited. All lamination shall be directed downwards.
4. Height and placement of lighting standards considering the use.
B. Site Lighting for Small Parking Lots (Twenty-Five or Less Parking Spaces).
1. Site lighting for small parking lots shall utilize a pedestrian style light fixture and pole to match the lights being used by the City of Toledo for public enhancement projects along Main Street, Starr Avenue, and Front Street. The Plan Commission will provide the model number for the light pole and luminaire, as well as detail product specifications.
2. The light source shall be metal halide.
3. The light intensity shall average a minimum of .5 foot-candles, measured five (5') feet above grade for parking lots and 1 to 3 foot-candles measured five (5') feet above grade for pedestrian sidewalks.
C. Site Lighting for Large Parking Lots (Twenty-Six or More Parking Spaces). Site lighting for large parking lots shall utilize a shoe box fixture and pole (maximum 25 feet height) for efficiency of lighting and neutrality of design. The Plan Commission will provide the model number for the lights or luminaires, as well as detailed product specifications.
1. Fixtures mounted on buildings are encouraged.
2. The light source shall be metal halide.
3. Pedestrian style light fixture and pole, as indicated for small parking lots, shall be used along collective walks.
4. The light intensity shall average a minimum of .5 foot/candles, measured five (5') feet above grade for parking lots and 1 to 3 foot-candles measured five (5') feet above grade for pedestrian sidewalks.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
A. Awnings shall be traditional in design; they shall be triangular in section, sloping outward and down from the top of the opening. First floor awning sides shall be open to increase sight lines towards storefronts along the street. Round-top, half-round, box, or other unusual awning shapes are prohibited unless approved in writing by the Plan Director. Internally lighted awnings are also prohibited. Signage on awnings shall be allowed as long as it meets appropriate portions of the requirements of Section 1103.1313. Internally illuminated awnings are prohibited.
B. Canopies shall be narrow in elevation, six (6") inches to twelve (12") inches, and flat. Typically, such canopies would have internal drainage. Canopies shall be self-supporting or supported by tension rods. Canopy projections are limited to thirty-six (36") inches. Sloping or unusually shaped canopies are prohibited.
(Ord. 95-10. Passed 3-2-10; Ord. 199-24. Passed 4-24-24.)
Signage shall comply with Part 13, Title 9, Chapter 1387, Signs Permitted in Zoning Districts, and the following regulations:
A. Building signs shall be located above the main entrance in the sign band area, on the upper facade wall. The sign shall be sized to allow the masonry to be fully exposed around the sign.
B. No sign or part of a sign shall be located above the parapet of any facade. Roof mounted signs are prohibited.
C. Building signs shall not exceed 75% of the width of the storefront opening.
D. The sign shall be designed to harmonize with the principal building and surrounding architecture by incorporating the same architectural base and top treatments as the principal building. This includes wainscot and wall materials, cornice details, roof shape, roof material and decorative embellishments.
E. Projecting signs are allowed. The maximum projection is three and one-half (3 ½') feet and the minimum mounting height to the bottom of the sign shall be seven (7') feet.
F. Window signs are allowed.
G. Raceways, cabinets, box signs, moving, animated or intensely lighted signs, roof signs or signs that extend above a building roofline or parapet, and pole mounted signs are prohibited.
H. All ground signs shall be monument and limited to 6 feet in height
I. Additional Off-Premise Signs (Billboards) are prohibited. Existing off-premise signs may remain subject to the regulations for legal non-conforming signs in Chapter 1395.
J. Each building shall display a street address as per City of Toledo Municipal Code.
(Ord. 95-10. Passed 3-2-10; Ord. 166-24. Passed 4-10-24; Ord. 199-24. Passed 4-24-24.)
A. The Plan Commission has review and approval authority for demolition review under this section. A Major Site Plan application shall be required for all demolition requests.
B. When application is made for demolishing a structure within the Main Starr Front Urban Overlay District, the Plan Commission must grant the application when one or both of the following conditions are found to exist:
1. The structure for which demolition is sought contains no features of architectural or historic significance, and it does not contribute to maintaining the character of the Main Starr Front Urban Overlay District; or
2. There is no reasonable economic return for the structure as it exists and there is no feasible alternative to demolition submitted to the applicant by concerned organizations or individuals who wish to preserve the structure.
C. Economic Hardship Standards and Criteria. The Plan Commission in making a determination of economic hardship, may consider any relevant information, including but not limited to the following standards and criteria:
1. Alternative uses and the economic return they will earn in relation to all the following:
a. estimate of the cost of the proposed redevelopment, alteration, demolition, or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the Plan Commission for changes necessary for the continued use of the building;
b. a report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structures on the property and their suitability for rehabilitation, including any existing evidence that deterioration has progressed to the extent that rehabilitation is not practical;
c. estimated market value of the property in its current condition, based on an independent MAI-certified appraiser; after completion of the proposed redevelopment, alteration, demolition or removal; and after changes recommended by the Plan Commission for the renovation of the existing property for continued use; and
d. testimony from a third party architect, developer, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property, taking into consideration any existing evidence that deterioration has progressed to the extent that rehabilitation is not practical.
2. The current economic return on the property in relation to all the following:
a. the amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased;
b. if the property is income-producing, the annual gross income from the property for the previous 2 years; itemized operating and maintenance expenses for the previous 2 years; and depreciation deduction and annual cash flow after debt service, if any, during the same period;
c. real estate taxes for the previous 2 years and assessed value of the property according to the most recent assessed valuation; and
d. all appraisals obtained within the previous 2 years by the owner or applicant in connection with the purchase, financing or ownership of the property.
3. The property is not able to be sold, considered in relation to any listing of the property for sale or rent, price asked, and offers received, if any, within the previous 2 years, including testimony and relevant documents regarding:
a. any real estate broker or firm engaged to sell or lease the property;
b. reasonableness of the price or rent sought by the applicant; and
c. any advertisements placed for the sale or rent of the property.
4. Economic incentives and/or funding available to the applicant through federal, state, city or private programs.
5. Other information considered by the respective Plan Commission to be significant in determining whether the property does yield or may yield a reasonable return to the owner.
D. Alternatives to Demolition Submitted By Others. In deciding on the feasibility of an alternative to demolition, the Plan Commission must find that the alternative plan meets the following requirements:
1. It contains a credible short-term and long-term program for the protection and use of the building;
2. It contains financial and architectural plans prepared by architects, engineers, real estate professionals, and other persons experienced in the rehabilitation and reuse of historic buildings; and
3. It has been submitted to the applicant as a good faith proposal containing an offer to enter into a contract at a price that reflects the fair market value of the property based upon three independent MAI-certified appraisers.
E. Additional Application Requirements. An applicant must meet with the Plan Commission or the Plan Commission staff, and the applicant must then submit evidence on the following standards and criteria:
1. For a demolition application to be considered by the Commission, the application must contain sufficient information so that the Plan Commission may adequately analyze the application in relation to its standards and criteria and then make a factual decision on the application.
2. The application shall include photographs and a written description of the present condition of the structure for which demolition is sought. The applicant shall include information about any changes in the condition of the structure during the previous 2 years.
3. For applications based on a lack of reasonable economic return, the applicant has the burden of showing that the property in question is incapable of earning a reasonable economic return in the absence of the proposed demolition. The showing must be made in accordance with the standards and criteria set forth in Economic Hardship Standards and Criteria.
4. The Planning Director must notify the applicant of any deficiencies in the documentation or other evidence provided.
5. Failure of the applicant to submit the required documentation and/or evidence will be construed as a failure on the part of the applicant to meet that standard for which the documentation and/or evidence is lacking.
6. After receipt of a completed application in which all required information is attached, the Plan Commission must make a determination on the applicant's submission in accordance with the time frames set forth herein.
F. The Plan Commission staff must evaluate each application in accordance with the standards and criteria contained in Demolition Hearing Procedures and Economic Hardship Standards and Criteria and must provide a written evaluation and report. The report must be presented to the respective Plan Commission on or before the Plan Commission's hearing.
G. The respective Toledo City Plan Commission must hold a hearing on the application. The Plan Commission, at the hearing, may delay a determination on the application and may impose a waiting period of at least 30 days and not longer than 9 months upon a finding that the structure is of value to the Main Starr Front Urban Overlay District and that alternatives to demolition may be feasible and should be actively pursued by both the Plan Commission and the applicant. This finding may include written recommendations to the applicant.
H. Upon the imposition of a waiting period, the Plan Commission must undertake meaningful and continuing discussions during the waiting period in order to find a means of preserving the structure.
1. The Plan Commission and applicant must investigate the feasibility of all means of preserving the structure. During this period the Plan Commission and the applicant must make every reasonable effort to find a demolition alternative for that structure.
2. If the Plan Commission and applicant do not agree on a means of preserving the structure at the initial meeting, then they must continue to undertake meaningful and continuing discussions at least every 30 days after the initial meeting. During these meetings, the Plan Commission must give written notice to the applicant when the Plan Commission believes that the structure may be saved if the applicant agrees to a longer waiting period.
I. The Plan Commission may develop its own information on the Economic Hardship Standards and Criteria, and this information must be made part of the record on the application.
J. The Plan Commission must announce at the initial public hearing that further evidence or documentation from any interested party may be made part of the record by submitting such information to the Planning Director by a date certain. These materials may include one or more plans for an alternative to demolition prepared by concerned organizations or individuals. The Planning Director must transmit any such information received to the Plan Commission and the applicant.
K. When the demolition application is first received, the Plan Commission must seek the help of neighborhood leaders and suggest that they and the Plan Commission work together on developing an alternative to demolition. The Plan Commission shall arrange one or more meetings between the applicant and any organizations and individuals working on an alternative to demolition.
L. The Plan Commission may cause to be established a three-person economic review panel. The review panel will be comprised of three real estate and redevelopment experts knowledgeable in the economics of renovation, redevelopment and other aspects of rehabilitation.
1. The panel will consist of one person selected by the Plan Commission, one person selected by the applicant and one person selected by the first two appointments. If the first two appointments cannot agree on a third person, the third appointment will be selected by the Planning Director.
2. Within 60 days after the economic review panel is established and before the end of the 6th month of the waiting period, the panel must review the evidence and complete an evaluation of the economic return issue, applying the standards and criteria set forth in the Economic Hardship Standards and Criteria. It must forward a written report on this evaluation to the Plan Commission.
M. If, after reviewing all of the evidence, the Plan Commission finds as follows below, then the Plan Commission must approve the request, conditionally or otherwise. If the Plan Commission finds that the standards, criteria, and requirements are not satisfied, the request will be denied. The Plan Commission must find that:
1. The standards and criteria set forth in the Economic Hardship Standards and Criteria are satisfied;
2. And there is no feasible alternative to demolition, per the requirements of paragraph C above.
N. If the applicant or a representative fails to meet with the Plan Commission at the times specified, or to participate in a meeting arranged by the Plan Commission, then the Plan Commission may deny the request.
O. During the waiting period, the owner of such structure must maintain or mothball the structure to prevent further deterioration. If the request for a demolition is denied, the applicant must develop a program for continuing maintenance for the structure to ensure that the deterioration of the structure is not caused by the neglect of the structure by its owner or by a tenant. Such program must address the condition of the structure, the money currently available for repairs and maintenance, and any funds or in-kind assistance that may be available from interested third parties.
P. After holding good faith meetings pursuant to paragraph G above for 6 months into the waiting period specified by the Plan Commission, or any time thereafter, the applicant may appeal to the Plan Commission for a determination pursuant to Section B through Section F.
Q. After each demolition of a landmarked structure or within a historic district, the Plan Commission must prepare a brief report on that structure giving the reasons why the demolition took place. The report must be given to interested neighborhood organizations. At the end of each year the Plan Commission must prepare a report summarizing the demolitions that year and the reasons for these demolitions. These summaries must be given to the Mayor, City Council, and interested neighborhood organizations.
(Ord. 199-24. Passed 4-24-24.)
The Cherry Street UNO District is intended to create an area that has an urban, pedestrian friendly, walkable character that promotes a healthy community by:
A. Providing a review process for proposed physical changes to structures and public space within the Cherry Street corridor.
B. Implementing appropriate building and parking setbacks that accommodate redevelopment that is compatible with historical building patterns; and
C. Promoting development that features retail display windows, rear parking lots, and other pedestrian-oriented site design features.
(Ord. 8-14. Passed 1-2-14.)
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