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Waterville Overview
Codified Ordinances of Waterville, OH
MUNICIPAL CODE OF WATERVILLE, OHIO
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
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
TITLE ONE - Subdivision Regulations
TITLE THREE - Zoning Code
CHAPTER 1129 General Provisions
CHAPTER 1131 Districts Generally
CHAPTER 1132 P-1 Parks and Green Space District
CHAPTER 1133 R-1 Residence District
CHAPTER 1134 R-1A Residence District, Large Lot
CHAPTER 1135 R-2 Residence District
CHAPTER 1136 R-3 Residence District, Multi-Family, Low Density
CHAPTER 1136A R-4 Residence District, Multi-Family, High Density
CHAPTER 1136B Residential Overlay District (R-3 and R-4)
CHAPTER 1137 C-1 Commercial District
CHAPTER 1139 C-2 Commercial District
CHAPTER 1139A C-3 Highway Commercial District
CHAPTER 1139B C-4 Mixed Use Business District
CHAPTER 1140 Commercial Overlay District
CHAPTER 1141 M-1 Industrial District
CHAPTER 1143 M-2 Industrial District
CHAPTER 1144 A-1 Agriculture District
CHAPTER 1144A MX Mixed Use District
CHAPTER 1144B Planned Business Park District
CHAPTER 1145 Regulations Applying to All Districts
CHAPTER 1146 Site Plan Review Process
CHAPTER 1146A Access Management Review Requirements
CHAPTER 1147 Enforcement, Permits and Penalty
CHAPTER 1148 Special Uses
CHAPTER 1149 Home Occupations
CHAPTER 1150 Sexually Oriented Businesses
CHAPTER 1151 Landscaping and Screening Standards
CHAPTER 1155 Planned Developments
CHAPTER 1157 Historic Overlay District
CHAPTER 1159 Board of Zoning and Building Appeals
TITLE FIVE - Planning
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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1157.05  PROCEDURES FOR THE IDENTIFICATION OF HISTORIC DISTRICT BOUNDARIES AND FOR THE IDENTIFICATION DESIGNATION, AND SURVEY REVIEW OF INDIVIDUAL HISTORIC RESOURCES WITHIN THE HISTORIC DISTRICT.
   (a)   Historic District Boundaries:
      (1)   The Council may by ordinance, upon the recommendation of the Commission, establish a Historic Overlay District or add property to the Historic Overlay District.  Properties in the Historic Overlay District need not be contiguous.  Section 1129.04 shall be followed relative to the adoption of an ordinance adding property to the Historic Overlay District.  The Historic Overlay District shall include all properties within the area described as follows:
         A.   Situated in the State of Ohio, County of Lucas, City of Waterville, said Historic Overlay District being more particularly bounded and described as follows:
Beginning at the intersection of the centerline of School Court and the Westerly bank of the Maumee River, said corner also being the true Point of Beginning;
Thence Westerly along the centerline of said School Court to a point, said point being the intersection of the centerline of said School Court and the centerline of South River Road;
Thence Southerly along the centerline of said South River Road to a point, said point being the intersection of the centerline of said South River Road and the centerline of South Street;
Thence Westerly along the centerline of said South Street to a point, said point being the intersection of the centerline of said South Street and the Easterly Right-of-Way line of Third-Second Alley;
Thence Southerly along the Easterly Right-of-Way line of said Third-Second Alley to a point, said point being the intersection of the Easterly Right-of-Way line of said Third-Second Alley and the Easterly extension of the Southerly property line of Tax Parcel Number 96-11171 (address 105 South Third Street), as shown by the Lucas County Auditor, and as recorded in Instrument Number 200503250019957 in the Lucas County Recorder’s Office;
Thence Westerly along the Easterly extension of the Southerly property line of said Tax Parcel Number 96-11171 to a point, said point being the Southeasterly corner of said Tax Parcel Number 96-11171;
Thence continuing Westerly along the Southerly property line of said Tax Parcel Number 96-11171 to a point, said point being the Southwesterly corner of said Tax Parcel Number 96-11171;
Thence continuing Westerly along the Westerly extension of the Southerly property line of said Tax Parcel Number 96-11171 to a point, said point being the intersection of the Westerly extension of the Southerly property line of said Tax Parcel Number 96-11171 and the centerline of South Third Street;
Thence Southerly along the centerline of South Third Street to a point, said point being the intersection of the centerline of said South Third Street and the centerline of Locust Street;
Thence Westerly along the centerline of said Locust Street to a point, said point being the intersection of the centerline of said Locust Street and the centerline of the Anthony Wayne Trail, also known as United States Route 24;
Thence Northeasterly along the centerline of said Anthony Wayne Trail to a point, said point being the intersection of the centerline of said Anthony Wayne Trail and the Easterly extension of the Southerly property line of Tax Parcel Number 96-11567 (address 405 Farnsworth Road - The Historic Society of Waterville Ohio), as shown by the Lucas County Auditor;
Thence Westerly along the Easterly extension of the Southerly property line of said Tax Parcel Number 96-11567 to a point, said point being the Southeasterly corner of said Tax Parcel Number 96-11567;
Thence continuing Westerly along the Southerly property line of said Tax Parcel Number 96-11567 to a point, said point being the Southwesterly corner of said Tax Parcel Number 96-11567;
Thence Northerly along a Westerly property line of said Tax Parcel Number 96- 11567 to a point, said point being an angle point of said Tax Parcel Number 96- 11567;
Thence Easterly along a Northerly property line of said Tax Parcel Number 96- 11567 to a point, said point being an angle point of said Tax Parcel Number 96- 11567;
Thence Northerly along a Westerly property line of said Tax Parcel Number 96- 11567 to a point, said point being the Northwesterly corner of said Tax Parcel Number 96-11567;
Thence continuing Northerly along the Northerly extension of the Westerly property line of said Tax Parcel Number 96-11567 to a point, said point being the intersection of the Northerly extension of the Westerly property line of said Tax Parcel Number 96-11567 and the centerline of Farnsworth Road, also known as State Route 64;
Thence Easterly along the centerline of said Farnsworth Road to a point, said point being the intersection of the centerline of said Farnsworth Road and the centerline of the Anthony Wayne Trail, also known as United States Route 24;
Thence Northeasterly along the centerline of said Anthony Wayne Trail to a point, said point being the intersection of the centerline of said Anthony Wayne Trail and the centerline of North Street;
Thence Easterly along the centerline of said North Street to a point, said point being the intersection of the centerline of said North Street and the centerline of North Second Street;
Thence Southerly along the centerline of said North Second Street to a point, said point being the intersection of the centerline of said North Second Street and the Westerly extension of the Northerly property line of Tax Parcel Number 96-10637 (address 122 Mechanic Street), as shown by the Lucas County Auditor, and as recorded in Instrument Number 200509160069232 in the Lucas County Recorder’s Office;
Thence Easterly along the Westerly extension of the Northerly property line of said Tax Parcel Number 96-10637 to a point, said point being the Northwesterly corner of said Tax Parcel Number 96-10637;
Thence continuing Easterly along the Northerly property line of said Tax Parcel Number 96-10637 to a point, said point being the Northeasterly corner of said Tax Parcel Number 96-10637, said point also being the Northwesterly corner of Tax Parcel Number 96-10641 (address 114 Mechanic Street), as shown by the Lucas County Auditor;
Thence continuing Easterly along the Northerly property line of said Tax Parcel Number 96-10641 to a point, said point being the Northeasterly corner of said Tax Parcel Number 96-10641, said point also being on the Westerly Right-of- Way line of Second-River Alley;
Thence Northerly along the Westerly Right-of-Way line of said Second-River Alley to a point, said point being the intersection of the Westerly Right-of-Way line of said Second-River Alley and the Westerly extension of the Northerly property line of Tax Parcel Number 96-10251 (address 103 North River Road), as shown by the Lucas County Auditor, and as recorded in Instrument Number 200407160058444 in the Lucas County Recorder’s Office;
Thence Easterly along the Westerly extension of the Northerly property line of said Tax Parcel Number 96-10251 to a point, said point being the Northwesterly corner of said Tax Parcel Number 96-10251;
Thence continuing Easterly along the Northerly property line of said Tax Parcel Number 96-10251 to a point, said point being the Northeasterly corner of said Tax Parcel Number 96-10251;
Thence continuing Easterly along the Easterly extension of the Northerly property line of said Tax Parcel Number 96-10251 to a point, said point being the intersection of the Easterly extension of the Northerly property line of said Tax Parcel Number 96-10251 and the centerline of North River Road;
Thence Southerly along the centerline of said North River Road to a point, said point being the intersection of the centerline of said North River Road and the centerline of Mechanic Street, also known as State Route 64;
Thence Easterly along the centerline of said Mechanic Street to a point, said point being the intersection of the centerline of said Mechanic Street and the Easterly Right-of-Way line of River-Water Alley;
Thence Southerly along the Easterly Right-of-Way line of said River-Water Alley to a point, said point being the intersection of the Easterly Right-of-Way line of said River-Water Alley and the centerline of School Place;
Thence Easterly along the centerline of said School Place to a point, said point being the intersection of the centerline of said School Place and the Westerly bank of the Maumee River;
Thence Southerly along the Westerly bank of the Maumee River to the Point of Beginning.
(Ord. 07-06.  Passed 4-24-06.)
 
         B.   The property known as 11 North Fourth Street, Tax Parcel Number 96-12021. 
            (Ord. 08-08.  Passed 5-12-08.)
      (2)   Within a reasonable time of the establishment of the Historic Overlay District, the Municipal Administrator shall notify the owner of each property within the District of the establishment of the District.  After this initial notification, whenever the City gains knowledge of the transfer of ownership of a property within the Historic Overlay District, the Municipal Administrator shall notify the new owner that their property is within the District.  The notice shall be sent to the address of the owner as it appears on the current tax list of the Lucas County Auditor or the mailing list of the Lucas County Treasurer.  Failure of the City to notify a property owner shall not absolve the owner from adhering to any provision of this Chapter.  (Ord. 07-06.  Passed 4-24-06.)
         C.   The properties known as 114 and 118 South River Road, Tax Parcel Numbers 96-10451 and 96-10457.
            (Ord. 24-13.  Passed 9-28-13.)
   (b)   Individual Historic Resources
      (1)   The designation of Historic Resource may be given to any building within the Historic District that is fifty years or older, that possesses integrity of design, materials, and workmanship, and that meets at least one of the following three criteria:
         A.   It has value as a site of historic events that have made a significant contribution to the broad patterns of history in the Waterville area;
         B.   It has value as a site identified with a person or persons who significantly contributed to the culture and development of the Waterville area;
         C.   It has value as a site characterized by a distinctive architectural style, embodying elements of architectural design, detail, materials, or craftsmanship.
      (2)   The Commission, on its own or at the request of a building owner, may recommend to Council that the designation of “Historic Resource” be assigned to each building within the Historic Overlay District that meets the above criteria.  When necessary, the Commission may also recommend that a current designation of “Historic Resource” be rescinded.  Council may act upon such recommendations of the Commission by resolution.
      (3)   Each Historic Resource shall be documented in the Historic Resource Inventory.  This inventory shall consist of a completed Ohio Historic Inventory form and a Façade Condition Survey form with a recent photograph.  A copy of this inventory shall be kept in the Municipal Building and be available for review by the public.
         (Ord. 07-06.  Passed 4-24-06.)
1157.06  HISTORIC DISTRICT REVIEW PROCEDURE.
   (a)   Certificate of Appropriateness Required
      (1)   No construction, reconstruction, demolition, alteration, replacement, or modification of an exterior wall or architectural feature of any building or structure or installation or visible changes to fences, signs, or other visible exterior improvements in a Historic District shall be undertaken prior to obtaining a Certificate of Appropriateness from the Historic District Commission.  Other visible exterior improvements may include elements such as shutters, awnings, balconies, and television satellite dishes. 
      (2)   A Certificate of Appropriateness is not required to paint an existing principal or accessory structure, architectural feature, or other visible exterior improvement.
      (3)   A Certificate of Appropriateness is not required to erect Temporary Event Signs or Special Business Event Banners as provided in Section 1315.09(b) and (c) of the Sign Code.  Sign permits are required for such signs and banners as specified in the Sign Code.
         (Ord. 37-09.  Passed 12-14-09.)
   (b)   Application Requirements.  A request for a Certificate of Appropriateness shall be accompanied by such plans, specifications, and other material as the Commission may prescribe.  Applications for a Certificate of Appropriateness may be made by the owner of the subject property, or by his or her duly authorized Agent or representative.
   (c)   Notice of Administrative Hearing
      (1)   A request for a Certificate of Appropriateness received by the Municipal Administrator shall be forwarded to the Commission Members as soon as possible.
      (2)   The Municipal Administrator shall notify the applicant and the contiguous property owners at least ten days in advance of the date the Commission is to convene to review the request.
   (d)   Administrative Hearing.  Upon convening to review the request, the Commission shall make every effort to render a decision to issue or deny the request within 30 days after the application was first considered at a regular or special meeting.
   (e)   Decision by the Commission
      (1)   If the Commission determines that the proposed activity will have no adverse effect on an Historic Resource or any portion of the Historic Overlay District and does not violate the spirit and purpose of this Ordinance, the Commission shall issue the Certificate of Appropriateness.
         A.   The Certificate of Appropriateness may include conditions placed upon the approval regarding the proposed activity.  Such conditions shall be made part of any subsequent zoning approval, and may include those limitations on the size, shape or materials proposed to be used in constructing or installing the proposed improvements, that are necessary to maintain the historic significance of the property.
         B.   When a Certificate of Appropriateness is issued for demolition, the applicant shall receive a copy of the section of this Ordinance covering new in-fill construction in the Historic Overlay District.
         C.   A Certificate of Appropriateness is valid for one year from the date of approval.
         D.   Receiving a Certificate of Appropriateness does not negate requirements to adhere to all other City zoning regulations and Lucas County building regulations.
      (2)   In the event that the Commission determines that a Certificate of Appropriateness shall not be issued, it shall state in its record of proceedings reasons for such a determination and may include recommendations regarding the proposed construction activity.
         A.   If the Certificate of Appropriateness is denied, the applicant shall be notified in writing the reasons for denial, and recommendation if any;
         B.   The applicant who has been denied a Certificate of Appropriateness shall be provided a copy of the sections of this Chapter covering enforcement provisions, penalties, and procedures for appeal.
            (Ord. 07-06.  Passed 4-24-06.)
1157.07  STANDARDS FOR REVIEW.
   Upon the receipt of a request for a Certificate of Appropriateness, the Commission shall determine if an Historic Resource on the site will be affected.
   (a)   Historic Resource Properties.  In the event the application involves property containing a designated Historic Resource, the Commission shall determine appropriateness by referring to the current edition of the Secretary of the Interior’s Standards for Rehabilitation, as originally published in 1977 and revised in 1990 as part of the Department of the Interior Regulations (36 CFR Part 67, Historic Preservation Certifications).  The Commission shall consider all of the following:
      (1)   The historic or architectural value and significance of the resource;
      (2)   The relationship of any architectural features of the resource to the rest of the resource and the surrounding area;
      (3)   The general compatibility of the design, arrangement, texture and material proposed to be used;
      (4)   Other factors, such as aesthetic value and cost, that the Commission finds relevant;
   (b)   Properties Not Designated as Historic Resource Properties.  Upon the receipt of a request for a Certificate of Appropriateness involving property which does not contain a designated Historic Resource, the Commission shall determine appropriateness by whether the proposed activity will have an affect on the historic character and visual integrity of the Historic Overlay District.
   (c)   New Construction.  New construction is a completely new freestanding structure or an addition to an existing structure.  In addition to meeting the requirements of the City Zoning Code, new construction in the Historic Overlay District shall not adversely affect the historic character and visual integrity of the district.  All provisions of this Ordinance shall apply to new construction.
   (d)   Demolition Applications.  When the receipt of a request for a Certificate of Appropriateness is for demolition, the Commission shall determine if the building has the potential for future designation as a Historic Resource.  If so, every effort shall be expended to undertake meaningful discussion with the applicant to find a means of preserving the property.
   Provided, however, upon the determination of the Fire Chief or the Municipal Administrator, a Certificate of Appropriateness may be issued by either of them to demolish a structure where the public health and safety are in immediate danger if the demolition is not permitted. 
(Ord. 07-06.  Passed 4-24-06.)
1157.08  EMERGENCY REPAIRS.
   Nothing in this chapter shall prevent a property owner from making emergency repairs to the exterior of his or her property where such repairs are:
   (a)   Not caused by the neglect of the property owner, and
   (b)   Such repairs are necessary for the preservation of the structure.
      (Ord. 07-06.  Passed 4-24-06.)
1157.09  PROCEDURES FOR APPEAL.
   An applicant who has been denied a Certificate of Appropriateness by the Historic District Commission may appeal the decision to City Council.  Any such appeal shall be made within thirty (30) days after the denial of the Certificate.  When considering an appeal, Council shall refer to the written guidelines adopted by the Commission and the entire record before the Commission.  Council may request additional information from the Commission and/or from the applicant.  Council may affirm, reverse, or modify the Commission's decision.  If Council affirms the decision, the denial of the Certificate will stand.  If Council reverses or modifies the decision of the Commission, it shall state the reasons for the reversal or modification.
(Ord. 07-06.  Passed 4-24-06.)
1157.10  ENFORCEMENT PROVISIONS AND PENALTIES.
   The provisions of this Chapter shall be in addition to all other Waterville Zoning Codes.
   Whoever violates any of the provisions of this Chapter, or fails to comply therewith or with any of the requirements thereof, or erects or alters or commences to erect or alter any structure in violation of this ordinance shall be guilty of a minor misdemeanor.  A separate offence shall be deemed committed each day during or on which a violation occurs or continues.  The owner of the lot or structure where anything is in violation of this ordinance is placed or permitted to exist, and any architect, builder, contractor, agent, or other person employed in connection with such violation and who have assisted in the commission of such violation, shall be deemed guilty of a separate offense and shall be subject to the penalty herein provided. 
(Ord. 07-06.  Passed 4-24-06.)
1157.11  SEVERABILITY.
   If any provision of this Chapter or the application thereof is held invalid, such invalidity shall not affect other provisions or application of this Chapter which can be given effect without the invalid provision or application and to this end the provisions of this Chapter are hereby declared severable.
(Ord. 07-06.  Passed 4-24-06.)