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Perrysburg City Zoning Code

CHAPTER 1245

Special Districts

1245.01 URBAN VILLAGE OVERLAY.

   It is the purpose of the Urban Village Overlay to allow for flexibility in zoning when the result will be the development of a compact urban village with the following emphases:
   (a)   Unified architectural themes that will allow for freedoms in design and building materials while clearly creating an integrated urban village;
   (b)   Neighborhoods, activity areas and open spaces around a well-designed transportation network where pedestrian activity is strongly supported;
   (c)   Shops with high pedestrian activity along the ground floors and office space or residential apartments on the upper floors;
   (d)   Residential areas intermixed within close proximity of shops and places of work;
   (e)   An emphasis on people and the neighborhoods where they live and play; and
   (f)   A design where open space, public and institutional uses and recreational uses are interwoven into the urban fabric of the overall village context.
      (Ord. 25-2006. Passed 3-7-06.)

1245.02 DESIGNATION.

   The Urban Village Overlay shall be designated by the abbreviation "UVO" on the City of Perrysburg Zoning Districts Map. All property so classified is subject to the provisions of this Chapter. (Ord. 25-2006. Passed 3-7-06.)

1245.03 APPLICABILITY.

   (a)   The UVO shall operate as an overlay zone with all the existing zoning districts remaining intact. All provisions of the underlying zoning shall apply, except as provided for in this Chapter.
   (b)   A minimum UVO Project area of fifty (50) acres shall be required to establish a UVO. (Ord. 25-2006. Passed 3-7-06.)

1245.04 ZONING PERMIT.

   No zoning permit shall be issued for any new construction within an established UVO without approval of the ARC.
(Ord. 25-2006. Passed 3-7-06.)

1245.05 USE REGULATIONS.

   In addition to those uses permitted in the underlying zoning districts, a building or premises may be used for the following purposes subject to approval pursuant to this Chapter:
   (a)   All uses permitted in any zoning district except I-1 and I-2 and all uses considered “special approval uses” with approval of the Architectural Review Committee;
   (b)   General manufacturing may be permitted provided that the use is fully enclosed within a building;
   (c)   Mixed uses and restaurants, bars and taverns where intoxicating liquor, beer and wine are offered for sale;
   (d)   Uses beyond those permitted in this Chapter or in the underlying zoning may be approved by the Planning Commission as part of the establishment of the UVO in accordance with the Zoning Code.
   (e)   Subsequent proposed uses, unless substantially different from the approved UVO, shall be reviewed and approved by the ARC. If substantially different, purposed uses shall be approved by the Planning Commission.
      (Ord. 25-2006. Passed 3-7-06.)

1245.06 ESTABLISHMENT OF THE ARCHITECTURAL REVIEW COMMITTEE.

   Owners and developers of property within a UVO district shall establish an ARC (Architectural Review Committee) and bylaws under which the ARC shall perform its duties and responsibilities. Such bylaws shall establish requirements of membership, duties and powers, meetings and voting procedures. The ARC shall be composed of the Planning and Zoning Administrator or designated representative, an architect and two (2) representatives of the owner and developer. The City shall appoint the architect. Any quorum of the ARC necessary to take action on a project must include the Planning and Zoning Administrator, or his designated representative. In the case of a tie vote, the Planning and Zoning Administrator shall be favored.
(Ord. 25-2006. Passed 3-7-06.)

1245.07 PROCEDURES FOR ESTABLISHMENT OF A UVO (STEP ONE).

   The owner and developer of a property within a UVO Project shall be subject to the following two-step procedure to establish the district and develop lots within the UVO:
   (a)   Establishment of a UVO (Step One): The owner or developer shall be subject to all application and review requirements set forth in Chapter 1285 with regard to changes and amendments to the Zoning District Map.
   (b)   In addition to the requirements set forth in Chapter 1285, the owner and developer shall be required to submit a master plan that illustrates the following information along with the application for an amendment to the Zoning Districts Map:
      (1)   The general location and types of permitted land uses;
      (2)   The yard requirements for each use category;
      (3)   The general transportation network including streets, alleys, multi-use paths, sidewalks and other pedestrian pathways;
      (4)   Proposed residential densities and proposed minimum lot sizes by use category;
      (5)   Illustrations of the general design theme and character for each land use;
      (6)   A comprehensive sign master plan shall be provided that illustrates or requires compliance with the following requirements:
         A.   Signs shall be designed and built of materials and colors that are consistent with the architectural style of the building for which the signage is representing and the overall architectural style of the project;
         B.   Ground signs shall be designed to be permanent in appearance; portable signs modified to be used as ground signs are prohibited; and
         C.   Fluorescent lighting is prohibited in signage.
      (7)   Development standards which include architectural standards, landscaping, parking and any other items as required by the Planning and Zoning Administrator shall be submitted.
   (c)   City Council may approve development standards which deviate from the requirements of the Zoning Code so long as such standards will promote the purpose and intent of this Chapter. The requirement of the Zoning Code shall be observed unless City Council approves design standards which deviate therefrom.
   (d)   The information outlined in Section 1245.07(b) may be made in any format that will adequately demonstrate the concept and intent of the proposed development.
   (e)   The foregoing information shall be submitted and adopted in accordance with Chapter 1285 of the Zoning Code.
   (f)   Upon the establishment of the UVO District, the owner and developer may then proceed with the subdivision of the project area in accordance with the subdivision regulations of the City of Perrysburg Zoning Code and with Final Design Plan review (Step 2). Exceptions to improvement standards may be made with the City's approval.
   (g)   Approval is valid for a five (5) year period.
      (Ord. 25-2006. Passed 3-7-06.)

1245.08 FINAL DESIGN PLAN (STEP 2).

   Prior to a zoning permit application for a particular owner or developer of a property within a UVO an application must be submitted to have the Final Design Plan reviewed by the ARC.
   (a)   The owner and/or developer shall submit all materials required as part of this Chapter and any established development standards set up by the UVO District’s ARC to the Planning and Zoning Administrator.
   (b)   The Planning and Zoning Administrator shall distribute the Final Design Plan application and materials to the members of the ARC.
   (c)   The ARC shall meet with the owner or developer within thirty (30) days of the submittal to review and make a decision on the Final Design Plan application.
   (d)   The role of the ARC in the review of the Final Design Plan is to ensure that the proposed UVO site development meets all of the standards and requirements set forth in the establishment of a UVO (Step 1) and that the Final Design Plan illustrates that the proposed UVO site Development under consideration will meet all review standards outlined in this Chapter.
   (e)   If the ARC determines that the development proposed in the Final Design Plan has substantially changed from that adopted as part of the establishment of a UVO (Step 1), the owner or developer shall be required to submit a revised master plan to be approved by City Council.
   (f)   The following information shall be submitted as part of the Final Design Plan application:
      (1)   A copy of the overall UVO Project layout as approved by City Council in the establishment of a UVO (Step 1);
      (2)   A detailed site plan for each lot of the UVO site development subject to the Final Design Plan review;
      (3)   Concepts or proposed facade elevations of all buildings and signage that illustrate building material and color as will be constructed;
      (4)   Appropriate dimensions as necessary which may include height, setbacks and widths; and
      (5)   Any other materials or information required by the ARC to ensure that the proposed UVO site development subject to the Final Design Plan review will meet all standards outlined in this Chapter.
   (g)   The ARC shall make a decision of approval, approval with modifications or denial.
   (h)   A zoning permit may be issued for any property where the Final Design Plan for the UVO site development has been approved for the subject property.
   (i)   A zoning permit shall not be issued for any property where the Final Design Plan for the UVO site development has not been submitted for review or for any property where the Final Design Plan was denied.
   (J)   In cases where the ARC approved the Final Design Plan with modifications, a revised Final Design Plan must be submitted to the Planning and Zoning Administrator illustrating the required modifications prior to the issuance of a zoning permit.
   (k)   The developer and/or the owner shall reimburse the City for any costs its incurs for retaining the services of an architect to serve on the Architectural Review Committee. (Ord. 25-2006. Passed 3-7-06.)

1245.09 REVIEW STANDARDS.

   (a)   All projects within a UVO Project shall be subject to the standards set forth in this section.
   (b)   The standards in this section shall be held as the minimum requirements for development within a UVO. The developer and/or the ARC may adopt standards and restrictions that are more restrictive than the following standards. In such cases, the more restrictive standards shall apply.
   (c)   General Standards: The following standards shall apply to all uses and structures within the UVO:
      (1)   Site Development:
         A.   All utilities shall be located underground.
         B.   All dumpsters, mechanical equipment in urban core mixed use areas and industrial areas, service entrances, loading areas and outdoor storage shall be screened from view by materials compatible with those used in the building.
         C.   The construction materials and colors of walls and fences that are visible from any public right-of-way or parking area with more than five (5) parking spaces shall be uniform and compatible with the architectural style, color and building materials of the principle building and its surroundings.
         D.   Vinyl coated chain link fences are permitted only when they are not visible from any public right-of-way.
         E.   Where a development is proposed to be of primarily residential uses with less than ten percent (10%) of the project area set aside for business uses, a minimum of fifteen percent (15%) of the project area shall be reserved as open space.
      (2)   Building Design:
         A.   All elevations of a building shall be subject to review. A front facade shall be architecturally emphasized, although all sides of a building shall be consistent with the front facade.
         B.   Buildings shall be architecturally oriented to the street or a public right-of-way and the main entrance shall be located on the street facade or facing the public right-of-way. In cases where there is an anti-access easement or access is not permitted from a particular road or public right-of-way, the building shall not be required to face the subject road or right-of-way.
         C.   Windows and doors shall be vertical in orientation.
         D.   Black, opaque and reflective glass materials are discouraged.
         E.   Building materials should be restricted to brick, wood, stone, stucco or materials of equal appearance.
         F.   Heights of structures shall be roughly equal to the average height of surrounding buildings.
         G.   The mass of a building and the scale of the building proportions shall be roughly similar to surrounding buildings.
         H.   Flat rooflines are permitted with the use of cornices, parapets or some form of architectural emphasis along the roofline where adjacent buildings have a similar roofline.
         I.   Buildings shall be designed by a registered architect or engineer.
      (3)   Colors:
         A.   Limit the use of contrasting colors on buildings within the UVO. Color schemes should be kept simple with no more than one (1) or two (2) trim colors on any given building unless deviation from this is appropriate.
         B.   The chosen color scheme should help tie all of the parts of the building together. Typically, the color that is used in the storefront area should be repeated in the upper story windows or cornice area.
      (4)   Landscaping:
         A.   Plant materials shall be chosen which are indigenous, moderately fast growing and require minimal maintenance. The landscape design shall incorporate the entire site and consist of a palette of plants with year round appeal which might include annuals, perennials, shrubs and trees.
         B.   Parking areas and driveways shall be landscaped with shrubs, trees or tree groupings.
         C.   A minimum of six percent (6%) of the total interior parking lot area shall be landscaped with planted islands. A minimum of one (1) tree and two (2) shrubs shall be planted in interior islands for every two thousand five hundred (2,500) square feet of parking lot.
         D.   No interior parking area landscaping shall be required if the parking lot is not, nor will ever conceivably be visible from a public right- of-way.
         E.   Planted islands shall be at least one hundred seventy (170) square feet in size with the smallest dimension of pervious surface being six (6) feet to allow for adequate root aeration and expansion.
         F.   Where landscaping is used as screening, it shall be opaque year round.
         G.   Landscape screening shall be of a height and density so that it provides the full desired effect within three (3) growing seasons.
         H.   The landscape plan shall be signed by a registered landscape architect.
         I.   The landscape plan shall include indication of a maintenance plan.
         J.   Landscaping street trees located within public rights-of-way are subject to the review and approval of the City Street Tree Commission.
      (5)   Lighting:
         A.   Outdoor lighting of a building parking area or signage shall be directed so as not to directly shine on adjacent properties.
      (6)   Outdoor Storage: 
         A.   Outside storage of raw material, finished products and equipment must be visually screened from all sides visible from any public right-of-way.
         B.   Utilize landscaping and fencing for screening for all storage facilities. In cases where the structure is frequently moved (i.e. dumpsters), all but one (1) side shall be screened.
         C.   Outdoor storage buildings shall be constructed in the same style as surrounding buildings.
         D.   Locate outdoor storage out of view from the public right-of-ways where possible, preferably behind the main building.
         E.   Outdoor sales and conditions of the sales may be permitted at the discretion of the ARC.
      (7)   Vehicular and Pedestrian Circulation:
         A.   Provide for the safe and functional movement of both vehicles and pedestrians on and off-site.
         B.   Loading spaces shall not occupy any part of a required yard setback.
         C.   Loading spaces shall be screened from public right-of-way.
         D.   Pedestrian circulation between parcels is encouraged.
         E.   Sidewalks shall be provided on each side of every street and shall be creatively developed to interconnect different land use areas and open spaces.
         F.   Pedestrian connections shall be provided between sidewalks and buildings.
         G.   Sidewalks in residential areas shall be a minimum of eight (8) feet in width. Sidewalks in all other areas shall be a minimum of twelve (12) feet in width.
         H.   Shared parking arrangements may be considered.
         I.   While providing for clear space for emergency vehicles, to accommodate walkability in street design, consideration can be provided for less than a twenty (20) foot turning radii.
      (8)   Drainage and Water Detention:
         A.   Storm retention/detention facilities should be grouped together wherever possible to provide a water feature that can become a site amenity.
         B.   Site grading and retention/detention facilities shall be designed to drain the site adequately without creating a negative impact to the drainage characteristics of the neighboring properties.
   (d)   Single-Family Detached Dwelling Area Standards. 
      (1)   Areas designated for single-family detached dwellings may also include bed and breakfast establishments, customary home occupations, and accessory uses except as regulated in this Zoning Code.
      (2)   Single-family dwellings shall not exceed thirty-five (35) feet in height.
      (3)   Single-family dwellings shall be set back no more than twenty (20) feet from the front property line.
      (4)   Every single-family dwelling shall have a porch that extends along a minimum of fifty percent (50%) of the front yard elevation.
      (5)   In order to create open space, there shall be a minimum lot area requirement of five thousand (5,000) square feet.
      (6)   Single-family dwellings and subordinate structures shall not cover more than fifty percent (50%) of the lot area.
      (7)   One (1) accessory garage may be permitted provided it is located in the rear yard.
      (8)   Parking shall be permitted provided it is located in the rear yard.
      (9)   Garage and carports shall be located a minimum of twenty (20) feet behind the front facade of the single-family dwelling.
   (e)   Multi-Family Dwelling Area Standards. The following standards shall apply to all multi-family dwelling areas:
      (1)   Areas designated for multi-family dwellings may include single-family attached dwellings, multi-family apartments, bed and breakfast establishments, customary home occupations and accessory uses except as regulated in this Chapter.
      (2)   Multi-family dwellings shall not exceed forty-five (45) feet in height. Provided, however, the height of enclosed unoccupied building elements may exceed the maximum height by no more than fifty percent (50%) of the allowable building height. Purely decorative unoccupied elements such as flagpoles, spires and steeples may be located on top of unoccupied enclosed space, to a height no more than twice the building height.
      (3)   Multi-family dwellings shall be setback no more than twenty (20) feet from the front property line.
      (4)   Multi-family dwellings may not cover more than seventy-five percent (75%) of the lot area.
      (5)   Multi-family dwellings located at an intersection may have no setback on both streets.
      (6)   Parking shall be permitted only in the rear yard.
      (7)   Attached garages, detached garages and carports shall be located a minimum of twenty (20) feet behind the front facade of the single-family dwelling.
      (8)   On-street parking shall be permissible.
   (f)   Urban Core Mixed Use Area Standards. The following standards shall apply to all urban core mixed areas:
      (1)   Buildings shall not exceed fifty (50) feet in height. Provided, however, the height of enclosed unoccupied building elements may exceed these maximum heights by no more than fifty percent (50%) of the allowable building height. Purely decorative unoccupied elements such as flagpoles, spires and steeples may be located on top of unoccupied enclosed space, to a height no more than twice the building height. Hospitality uses shall have a maximum of eight (8) stories and the total height, including unoccupied building elements, shall not exceed one hundred twenty (120) feet.
      (2)   Buildings shall be oriented toward the major street. Buildings located on an intersection shall have the main entrance oriented toward the major street and any facade facing other streets shall have similar architectural styles.
      (3)   A minimum of seventy percent (70%) of the front facade of the main building shall be set along the sidewalk. The remaining thirty percent (30%) of the front facade may be set back a maximum of ten (10) feet to create entrances, courtyards and open spaces.
      (4)   The ground floor of the building shall be restricted to retail businesses, personal services, restaurants, cafes and other uses that will encourage street level activities.
      (5)   Offices and residential uses should be developed on the second and third floor of the buildings.
      (6)   The ground floor of the building should be designed to be at least sixty percent (60%) transparent, through the use of glass, to allow pedestrians to view the goods and services offered in ground floor businesses.
      (7)   Parking shall be provided primarily on-street, on parking decks or in the rear yard of the lot with a limited amount of parking in side yards.
      (8)   Wall signs, awning signs and projecting signs shall be permitted to identify businesses.
      (9)   Open spaces between buildings that create courtyards or walkways to the rear of the property or parking areas are strongly encouraged.
   (g)   Industrial Area Standards. The following standards shall apply to all industrial areas:
      (1)   Buildings shall not exceed fifty (50) feet in height. Provided, however, the height of enclosed unoccupied building elements may exceed this maximum height by no more than fifty percent (50%) of the allowable building height. Purely decorative unoccupied elements such as flagpoles, spires and steeples may be located on top of unoccupied enclosed space, to a height no more than twice the building height.
      (2)   Buildings shall be oriented toward the major street.
      (3)   Office buildings shall not cover more than forty percent (40%) of the lot.
      (4)   Industrial buildings shall not cover more than sixty percent (60%) of the lot, exclusive of parking, drives, etc.
      (5)   Where there is a mixture of office and industrial uses within the same building, the maximum lot coverage shall be that of the use that occupies the majority of the building.
      (6)   Buildings shall have the main entrance oriented toward the major street and other facades shall have similar architectural styles.
      (7)   Similar industrial uses and open spaces may be permitted across the street while dissimilar uses shall abut at the rear lot line.
      (8)   Sidewalks and other pedestrian paths shall interconnect the industrial areas with residential and mixed-use areas for access by local residents.
      (9)   Parking areas shall be located in the rear and side yards and shall be screened from view with decorative fencing and landscaping.
      (10)   Ground signs, wall signs and projecting signs shall be permitted to identify businesses. Ground signs may not exceed ten (10) feet in height.
   (h)   Public and Institutional Use Standards. The following standards shall apply to public and institutional use areas:
      (1)   Areas designated for public and institutional uses may include a mix of community and city buildings, meeting halls, libraries, post offices, schools, public recreational facilities, museums, performing arts centers or other uses.
   (i)   Open Space Standards. 
      (1)   Usable open space is required as part of the UVO and may include general green space, playgrounds, tot lots, pocket parks and other recreational uses.
      (2)   Open space without public or institutional uses shall not be covered by more than ten percent (10%) in impervious surfaces.
      (3)   Each open space shall be linked by sidewalks to residential, mixed use and industrial areas within the urban village.
      (4)   Open spaces shall utilize on-street parking.
         (Ord. 25-2006. Passed 3-7-06.)

1245.10 MAINTENANCE, REPAIR AND IMPROVEMENTS.

   The following regulations shall apply following the construction of structures in accordance with the Final Design Plan.
   (a)   Maintenance: Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any property within the UVO, provided that no such work will involve a change in material, design, texture, color or exterior appearance, nor shall anything in this Chapter be construed to prevent any repair or structural deficiency which, in the view of the Wood County Building Inspector, is required for public safety because of unsafe, insecure or dangerous conditions.
   (b)   Repair and Improvement: Any repair or improvement to structures, fences and accessory uses within a UVO are subject to the regulations of this Chapter and are subject to review by the ARC.
   (c)   Exemptions. The following repairs and improvements are exempt from review by the ARC:
      (1)   Interior alterations and repairs;
      (2)   Roof, cornice, window, step and wall repair or replacement if the work matches the original;
      (3)   Painting, if there is no change in the colors from the original; and
      (4)   Work not requiring a building permit including general cleaning and landscaping.
   (d)   Repair and Improvement Requiring Review: The following repairs and improvements of structures, fences and accessory uses are subject to the regulations of this Chapter and review by the ARC.
      (1)   New construction and reconstruction;
      (2)   Excavation and fill;
      (3)   Modification of facades, fences and accessory uses visible from any public right-of-way that may change the original appearance of a building, including painting;
      (4)   New signs, awnings and hardware attached to a structure, and
      (5)   All other non-exempt repairs and improvements.
         (Ord. 25-2006. Passed 3-7-06.)

1245.11 REVIEW PROCESS.

   The City Council may hear appeals from ARC decisions and may support the ARC decision, send ARC decision back for further consideration or overrule the ARC decision.
(Ord. 25-2006. Passed 3-7-06.)

1245.12 (RESERVED).

1245.29 CORRIDOR OVERLAY.

1245.30 PURPOSE.

   The purpose of this Chapter is to maintain the long-term mobility function of arterial and collector roadways; to limit access and the number of conflict points and thereby reduce the need for additional crossover locations and traffic signals; to promote improved pedestrian and vehicular circulation; to encourage land assembly and the most desirable use of land in accordance with the Comprehensive Plan; to promote architectural continuity; to encourage designs which produce a desirable relationship between individual buildings, the circulation systems and adjacent areas; to control signage visibility obstructions and clutter and to permit a flexible response of development to the market as well as to provide incentives for the development of a variety of land uses and activities of high quality.
(Ord. 25-2006. Passed 3-7-06.)

1245.31 APPLICABILITY.

   (a)   The boundaries of the Corridor Overlay are those non-residential properties abutting State Route 25 from the Maumee River to the City Corporate line.
   (b)   Access and internal circulation in the Corridor Overlay shall not include recorded subdivisions consisting of single-family detached residential structures.
   (c)   All uses and structures proposed for properties included within the Corridor Overlay shall be permitted, subject to the submittal and approval of a site plan, including a sign package. Provided, however, that:
      (1)    Where the affected property has an approved Site Plan and Access Plan, internal lots not located next to a Corridor Overlay Road and which utilize internal streets, shall be subject only to the submittal and approval of an Access Plan which complies with the approved site plan.
      (2)    With the exception of corner lots, any lot with frontage along a Corridor Overlay Road, but which does not take access from said road, shall be subject to the setbacks prescribed herein only along the Corridor Overlay Road and setbacks not along the Corridor Overlay Road shall conform to the requirements of the underlying zoning district.
      (3)    For purposes of this Chapter, a “Corridor Overlay Road” means and refers to any street or road right-of-way, which lies within the Corridor Overlay, and which is designated an arterial or collector in the City’s Comprehensive Plan.
   (d)   Lots within the Corridor Overlay which are internal lots subject to an approved site plan, and which are adjacent to a public internal street rather than a Corridor Overlay Road shall be subject only to the access management requirements of this Chapter.
   (e)   Where property within a Corridor Overlay has recorded covenants or declarations which specify architectural guidelines, and which have an approved ARC (Architectural Review Committee), the City shall review the guidelines to determine whether they are stricter than those set forth in this Chapter. If the guidelines are stricter than the standards established in this Chapter, the approval of the ARC shall constitute compliance with the requirements of this Chapter. (Ord. 25-2006. Passed 3-7-06.)

1245.32 ACCESS AND INTERNAL CIRCULATION.

   The purpose and intent of this Chapter is to maximize the functional capacity and maintain the level of service of arterial roadways; to minimize the number of access points to major arterials and other public rights-of-way; to promote the sharing of access and the ability to travel between sites; to provide pedestrian circulation networks among residential, commercial and recreational areas; and to enhance safety and convenience for uses of the corridor.
   (a)   Access To Major Arterial Roads: 
      (1)   Any parcel or lot having frontage along an arterial and in existence prior to the effective date of this Zoning Code shall be permitted one (1) direct access to that major arterial road, unless an access plan is submitted to and approved by the City for more than one (1) access.
      (2)   Direct access to major arterial roads shall be provided by one (1) or more of the following means for lots or parcels not permitted direct access to the arterial thoroughfare:
         A.   Access to the site may be provided by an existing or planned public street;
         B.   Access to the site may be provided via the internal circulation of a shopping center, an office complex, or similar group of buildings having access in accordance with an approved access plan; and no additional direct access shall be provided to the site from a public street intended to carry through traffic over and above those entrances which may exist to provide access to the shopping center, office complex or similar group of buildings. Access through side or rear setbacks is encouraged, provided that the access is internal and generally perpendicular to the setback; access to the site may be provided by a service drive and/or shared access which provides controlled access to the site.
         C.   The access plan shall demonstrate the ability to provide adequate access to surrounding properties via cross-easement agreement(s) or document of same as shared access and/or public road(s). An access plan shall be submitted and approved prior to Planned Unit Development, Preliminary Plat or Site Plan approval. Such access plan shall be drawn to scale, including dimensions and distances, and clearly delineate the traffic circulation system and the pedestrian circulation system as coordinated with adjacent properties, including the location and width of all streets, driveways, access aisles, entrance to parking areas, walkways and bicycle paths.
         D.   Sites shall be designed to achieve direct and convenient pedestrian and vehicular circulation between adjacent properties, unless otherwise required by the City.
            (Ord. 25-2006. Passed 3-7-06.)

1245.33 DEVELOPMENT STANDARDS.

   (a)   Utility Lines: All utility lines such as electric, telephone, CATV or other similar lines shall be installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within the project. All junction and access boxes shall be screened with appropriate landscaping. All utility pad fixtures and meters should be shown on the site plan. The necessity for utility connections, meter boxes, etc., should be recognized and integrated with the architectural elements of the site plan.
   (b)   Loading Areas: Sites shall be designed and buildings shall be oriented so that loading areas are visually screened from any of the project perimeters adjoining any agricultural or residential district or any public right-of-way. Screening shall be in accordance with landscaping requirements specified within this Zoning Code.
   (c)   Building Materials: No building facade (whether front, side or rear) shall consist of architectural materials which differ in composition, appearance or detail from any other facade of the same building. The intent of this requirement is not to preclude the use of different materials on different building facades (which would be acceptable if representative of good architectural design), but rather to preclude the use of inferior materials on sides which face adjoining property and thus might adversely impact pedestrian activity, existing or future development and property values. Mechanical equipment, whether ground-level or rooftop, shall be shielded and screened from public view and designed to be perceived as an integral part of the building.
   (d)   Exterior Lighting: All exterior lights shall be arranged and installed to comply with the exterior lighting provisions of this Zoning Code.
   (e)   Parking Lots Adjacent to Public Right-of-Way: Parking lots, which have frontage along a public right-of-way, shall be screened with a wall and landscaping. The screen wall shall be located at least three (3) to four (4) feet from the property line and this area is to be landscaped with small shrubs and perennial flowers. The height of the screening wall shall be thirty-eight (38) to forty-two (42) inches in height.
   (f)   Landscaping Along Corridor: The area of land between the property line and the curb, typically known as the terrace, shall be landscaped with street trees. The spacing of these trees will depend on the species and the distance between trees and the species shall be determined by the City.
   (g)   Driveways And Parking Areas: Driveways and parking areas shall be paved with concrete, bituminous concrete or other similar material. Concrete curb and gutters shall be installed around the perimeter of all driveways and parking areas. Drainage shall be designed so as not to interfere with pedestrian traffic.
   (h)   Outside Storage Areas: Outdoor storage shall be as permitted by the outdoor storage standards of underlying zoning districts; provided, that all outdoor storage areas shall be visually screened from public streets, internal roadways and adjacent property. Screening shall consist of materials specified in this Zoning Code. All such screening shall be of sufficient height to screen storage areas from view. Outdoor storage shall include the parking of all company-owned and operated vehicles with the exception of passenger vehicles. 
(Ord. 25-2006. Passed 3-7-06.)

1245.34 LIMITATION OF SIGNS.

   The purpose and intent of this Chapter is to regulate the use of publicly visible displays or graphics; to protect and enhance the character of arterial roadways and surrounding areas; to prevent diminishing property values within these areas; to safeguard the public use and nature of arterial roadways; and to minimize visual distractions to motorists along public roads.
   (a)   The following shall apply to all signs in the Corridor Overlay:
      (1)    Signs and advertising structures shall not obstruct any window, door, fire escape, stairway, ladder or opening intended to provide light, air or ingress and egress for any building or structure.
      (2)    Sign lighting shall be positioned and shielded so as not to impair the vision of any motor vehicle operator or cause any direct glare into or upon any property other than the property to which the sign may be accessory.
      (3)    A unified system of signage and graphics shall be designed for each individual development. Letter style, graphic display and color shall be analogous for all signage and graphics within an individual development. Signage concepts should be considered during the design of buildings so that signage and graphics are architecturally incorporated into those buildings and the site they inhabit. Size, height, location, material and color should strongly relate to building and site design.
      (4)   All new and replacement signs within the Corridor Overlay from the effective date of this Zoning Code shall be limited to a freestanding sign no higher than six (6) feet, pursuant to the specifications outlined in the sign standards of Section 1250.29 - 1250.39. (Ord. 82-2016. Passed 9-6-16.)

1245.41 MUNICIPAL UTILITY OVERLAY.

1245.42 PURPOSE.

   To encourage reasonable and planned growth of the City and the greater Perrysburg community or to remediate a public health matter, the City may extend municipal utilities, such as water and sanitary sewer, outside of the City of Perrysburg’s corporate limits but within the City’s public utilities service areas.
(Ord. 25-2006. Passed 3-7-06.)

1245.43 REQUIREMENTS TO EXTEND MUNICIPAL SERVICES.

   The owner of property requesting the extension of municipal services to property outside the corporate limits of the City shall comply with the following prior to the extension of municipal services:
   (a)   Execute an agreement to annex the property to the City or a petition for annexation to the City as determined by the City.
   (b)   Execute an agreement with the City, which denotes the property being served as a Municipal Utility Overlay and the property owners agreement to comply with provisions of this Zoning Code.
   (c)   Compliance with the zoning regulation of the governmental unit in which the property is located, unless the property is subject to annexation by the City. If the property is subject to annexation by the City, City zoning regulations shall apply.
All properties within the boundaries of the City’s defined water and sanitary sewer districts are deemed to be subject to annexation unless they are geographically exempt from involuntary annexation pursuant to a written agreement between the City and another political jurisdiction.
   (d)   Compliance with the Land Use Goals of the City of Perrysburg Comprehensive Plan, as adopted and amended.
   (e)   Compliance with any City, County, state or federal plans related to the extension, expansion or maintenance of municipal utilities. Prior to municipal services being extended, the owner shall submit and obtain City of Perrysburg engineering approvals for site civil construction plans including pavement and drainage, water, storm and sanitary sewer. (Ord. 94-2010. Passed 6-1-10.)

1245.44 PROCEDURES.

   Property within a Municipal Utility Overlay shall meet the following requirements:
   (a)   Building(s) Existing Prior to the Execution of Agreements: The Planning and Zoning Administrator shall review and make a recommendation to City Council to either approve or disapprove requests for the extension of municipal utilities provided that the requirements outlined in Section 1245.43 have been met.
   (b)   Building Occurring After the Execution of Agreements: The Planning and Zoning Administrator shall review and make a recommendation to City Council to either approve or disapprove requests for the extension of municipal utilities provided that the following requirements have been met:
      (1)   The requirements of Section 1245.43 have been met.
      (2)   Applicable Township zoning code requirements have been met.
      (3)   The property owner shall submit to the City Planning Commission a site plan complying with the requirements of Chapter 1260.
      (4)   The site plan shall be approved, or approved with modifications based on the following components:
         A.   Proximity to existing / future development
         B.   Mix and balance of uses
         C.   Site optimization
         D.   Accessibility
         E.   Community context and design
         F.   Environmental quality
         G.   Impacts to surrounding properties
         H.   Impacts to traffic and the transportation network.
            (Ord. 95-2010. Passed 6-1-10.)

1245.45 HISTORIC DISTRICT.

1245.46 DECLARATION OF PUBLIC POLICY AND PURPOSE.

   Council, being mindful of the proud history of Perrysburg and of the importance of beauty in the every day lives of its residents, hereby declares as a matter of public policy that the preservation, restoration, rehabilitation and overall aesthetic improvement of the built environment are matters of public necessity involving the health, safety, prosperity and welfare of the people. The purposes of this Chapter are:
   (a)   To contribute to the economic, recreational, cultural and educational development of the City by:
      (1)   Stimulating business and attracting industry;
      (2)   Protecting and enhancing attractions to residents, tourists and visitors;
(3)   Stabilizing and improving property values;
      (4)   Improving the quality of life by enhancing the visual and aesthetic character, diversity and interest of the City;
      (5)   Fostering civic pride in the beauty and notable accomplishments of the past; and
      (6)   Promoting the use and preservation of historic properties for the education and general welfare of the people of the City.
   (b)   To establish procedures whereby certain areas, places, sites, buildings, structures, objects and works of art shall be allowed that measure of protection afforded by the issuance of a “Certificate of Appropriateness” before any alterations, demolition or new construction can be undertaken within a Historic District or to a Listed Property, so that the following objectives are reached:
      (1)   To maintain and enhance the distinctive character of historic buildings, sites and areas in the City;
      (2)   To safeguard the architectural integrity of the City’s Listed Properties and properties within Historic Districts;
      (3)   To identify and safeguard the heritage of the City by preserving properties which reflect elements of the City’s cultural, social, economic, political or architectural heritage; and
      (4)   To review and act upon all applicants for Certificates of Appropriateness for alterations, demolition or new construction within Historic Districts or to Listed Properties.
   (c)   To encourage property owners in the City to work with the Historic Landmarks Commission to protect listed properties and buildings in the Historic Districts so that the character of the districts and the City may be maintained.
   (d)   To integrate the preservation of listed properties and Historic Districts into public and private land use planning, management and development; to identify as early as possible and resolve conflicts between the preservation of historic buildings and alternative use of the land.
      (Ord. 25-2006. Passed 3-7-06.)

1245.47 DEFINITIONS RELATED TO HISTORIC DISTRICTS.

   (a)   Alter or Alteration: Any exterior visual or material change to any Listed Property or property located within a Historic District. For the purposes of this Chapter, “alteration” includes a change in design, texture, material or architectural feature. Ordinary maintenance to correct any deterioration or damage is excluded from the definition of “alteration,” provided such work does not involve a change in design, texture, material or architectural feature.
   (b)   Applicant: Any owner, association, partnership, corporation or designated agent of the owner who applies for a Certificate of Appropriateness.
   (c)   Certificate of Appropriateness: Any certificate issued by the Perrysburg Historic Landmarks Commission to an applicant stating that a proposed alteration, demolition or new construction to a Listed Property or within a Historic District is appropriate under the terms of this Chapter.
   (d)   Commission: As referred to in this Chapter, The Perrysburg Historic Landmarks Commission.
   (e)   Demolish or Demolition: The razing or removal, in whole or in part, of any structure, building, object or work of art.
   (f)   Architectural Feature: The architectural style, general design and general arrangement of the exterior of a building or structure, including, but not limited to, windows, doors, porches, signage, cornices, exterior surface materials, decorative trim and other fixtures appurtenant to the exterior of the building or structure.
   (g)   Historic District: Two (2) or more properties grouped together in a geographically defined area and which, as a whole, have special character or historic, aesthetic or architectural value as part of the heritage, development or cultural characteristics of the City, the State or the United States, and which have been designated as a Historic District pursuant to this Chapter.
   (h)   Listed Property: Any property which has special character or historic, aesthetic, archeological or architectural value as part of the heritage, development or cultural characteristics of the City, the State or the United States, and which has been designated as a Listed Property pursuant to this Chapter.
   (i)   Member: Any member of the Perrysburg Historic Landmarks Commission.
   (j)   Owner: The owner of record and the term includes the plural as well as the singular.
   (k)   Ordinary Maintenance: Includes the repair or replacement in kind of features, including, but not limited to, the roof, eaves, downspouts, siding, windows and doors of a Listed Property or a property located within a Historic District, provided that it does not result in a change of material, texture or architectural feature. For the purposes of this Chapter, sandblasting of masonry and chemical cleaning of masonry is not considered ordinary maintenance.
   (l)   Property: Any area, place, site (including an archeological site), building, structure, object or work of art.
   (m)   Street: All facilities within the street right-of-way, including street surfaces, paving materials, curbs, culverts, catch basins, manholes and guardrails.
   (n)   Street Furniture: Light standards, benches, planters, waste containers, telephone booths, bicycle stands, railings, shelters, traffic and pedestrian directional signs and other facilities convenient to the passage of vehicles and people along the streets.
   (o)   Utilities: Pipes, wires, their supports, outlets and keys and other devices for providing electrical, telephone, gas, water, television, sewer and other utility services. This includes any means for transmitting such services, regulatory devices such as cut-off keys, meters, transformers, etc. and the supports and conduits upon which or through which such utilities are furnished, whether above, on or in the ground.
   (p)   Verbal Boundary Description: Is a detailed description which delineates the physical extent of the Listed Property or Historic District. If the boundary of the Listed Property or Historic District replicates a legally recorded boundary, then a reference to the description of the recorded boundary is sufficient, including lot or parcel number, deed book and page number where recorded. If the boundaries do not coincide with legally recorded boundaries, then street names, property lines, geographical features and other lines of convenience which clearly distinguish the Listed Property or Historic District from its surroundings may be used. Such description is also frequently referred to as a "metes and bounds" description.
(Ord. 25-2006. Passed 3-7-06.)

1245.48 ESTABLISHMENT OF THE PERRYSBURG HISTORIC LANDMARKS COMMISSION.

   (a)   The Perrysburg Historic Landmarks Commission, hereinafter referred to as the Commission, is hereby established. The Commission shall consist of seven (7) members, all residents of the City, who shall be appointed by the Mayor, subject to approval by Council. All members shall have, to the highest extent possible, a recognized knowledge of, and a known interest in, architectural preservation and design, together with a determination to work for the overall improvement of the quality of the City's physical environment. At least two (2) members of the Commission shall be professional members from the fields of architecture, architectural history, history, archeology, city planning or other preservation-related disciplines. Nominations may be solicited from interested organizations. Subsequent to the initial appointments, all appointments to the Commission by the Mayor shall be for three (3) years. No person shall serve more than two (2) consecutive three (3) year terms. Any member who misses more than three (3) consecutive meetings or more than one-half ( ½ ) of the meetings in any calendar year shall be deemed to have vacated his or her position and shall be replaced. Of the initial appointments, three (3) members shall serve for a three (3) year term; two (2) members shall serve for a two (2) year term and two (2) members shall serve for a one (1) year term. Vacancies caused by death, resignation or otherwise shall be filled for the unexpired term in the same manner as the original appointments are made. Vacancies shall be filled within sixty (60) days unless extenuating circumstances require a longer period. All members of the Commission shall serve without compensation.
(Ord. 25-2006. Passed 3-7-06.)
   (b)   The Commission shall elect a Chairman and a Vice-Chairman, to serve in the absence of the Chairman, as soon as possible following its appointment by the Mayor, and on an annual basis thereafter. The Commission shall adopt its own rules of procedure which shall be made available for public inspection. Such rules of procedure shall provide for regular and special meetings, which meetings shall be held in a public place. All review decisions shall be made in a public forum, with applicants notified of meetings and advised of decisions. Written minutes of actions and decisions of the Commission shall be made available for public inspection. Meetings of the Commission shall be scheduled at least monthly.
(Ord. 127-2011. Passed 6-21-11.)

1245.49 DUTIES OF THE HISTORIC LANDMARKS COMMISSION; REGISTER OF LISTED PROPERTIES AND HISTORIC DISTRICTS.

    (a)   The duties of the Perrysburg Historic Landmarks Commission are as follows:
       (1)    To improve the quality of life in the City by striving to further and achieve the spirit and purpose of this Chapter;
      (2)    To act in an advisory role to other officials and departments of local government regarding the protection of local historic properties;
      (3)    To act as a liaison on behalf of the local government to individuals and organizations regarding the protection of local historic properties;
      (4)    To work for the continuing education of the residents of the City, with respect to the architectural and historic heritage of the City and the Listed Properties and Historic Districts designated herein and to make every effort to improve the overall environment and the design awareness of the public;
      (5)    To accept grants, gifts and bequests and to make application for, receive and administer grants and funds from governmental and private entities consistent with the purpose of this Chapter;
      (6)    To review proposed National Register nominations for properties within its jurisdiction in accordance with Ohio Certified Local Government guidelines;
      (7)    To conduct, or to cause to be conducted, a continuing survey of all areas, places, sites, buildings, structures, objects or works of art, which are of environmental and aesthetic interest in the City and which the Commission believes, on the basis of information available or presented to it, are or will be eligible for designation as a Listed Property or Historic District;
      (8)   To employ technical experts as may be required to perform its duties within the appropriations made available therefore and to perform such other related tasks within its capabilities as may be required by City Council;
      (9)   To conduct or encourage members to attend educational sessions, at least once a year, pertaining to the function of the Commission or relating to specific historic preservation issues;
      (10)   To recommend to City Council legislation that would serve to beautify, preserve, restore and develop the City, or that would result in additions or revisions of this Chapter;
      (11)   To conduct public hearings to consider or determine any matters related to Historic District or Listed Property designations within the corporate boundaries of the City;
(Ord. 25-2006. Passed 3-7-06.)
      (12)   Based on information available or presented to it, to make recommendations to the Planning Commission, Board of Zoning Appeals and City Council for designation of Listed Properties and Historic Districts;
         (Ord. 128-2011. Passed 6-21-11.)
      (13)    To keep a current register of all Listed Properties and Historic Districts. Each Listed Property shall be given a number, a description accompanied by a photograph, a verbal boundary description and the reasons for listing. Each Historic District shall also be given a number, a description and representative photographs, including streetscapes, a map outlining the boundaries, a verbal boundary description and the reasons for listing. Such register shall be made available to City Council, the Planning Commission, the Board of Zoning Appeals and the Planning and Zoning Division of the City of Perrysburg and shall be maintained in a location where it is available for public inspection. Such register shall include, at its inception, the existing Historic District designated in Ordinance 46-84, passed May 15, 1984, and amended by Ordinance HistoricDistrict-2021, passed November 16, 2021 described as follows:
         
         Designation of Historic District
Beginning at the intersection of the centerline of West Boundary Street with the centerline of Front Street, thence north along the centerline of West Boundary Street to the northerly line of outlot 202 extended to the centerline of said West Boundary Street , thence east along the northerly line of outlot 202 to the northeast corner of outlot 202, thence south on the easterly line of outlot 202 to the southerly bank of the Maumee River, thence northeasterly along said southerly bank of the Maumee River, thence southeasterly continuing along said southerly bank of the Maumee River to the centerline of East Boundary Street, thence south along the said centerline of East Boundary Street to the easterly extension of the south line of Inlots 801-816 to the said centerline, thence west along, said south Line of inlots
801-816 to the southwest corner of inlot 801, also Being the north east corner of inlot 833, thence south along the east line of said inlot 833, and the extension of said line to the centerline of Second Street, thence west on the said Centerline of Second Street to the northerly extension of the west line of inlot 1 72 to said centerline, thence south along said extension of the west line to the northwest corner of inlot 172, thence east along the north lines of inlots 1 72 and 175 to the northeast corner of inlot 175, thence south along the east line of inlot 175 to the southeast corner of said inlot 175, thence west along the south line of inlots 175, 172 and 149 to the southwest corner of inlot 149, thence north on the west line of inlot 149 to the easterly extension of the north line of an alley, then along the north line of an alley to the Southeast corner of inlot 411, thence south on the southerly extension of the east line of said inlot 411, continuing to the Northeast corner of inlot 412, continuing along the east line of inlot 412, extending to the centerline of third street, thence west along said third street to the southerly extension of the west line of inlot 340, thence north along the said southerly extension on the west line of inlot 340, continuing along the west line of inlot 340 and the northerly extension of said west line to the north line of the previously stated alley, thence west along the north line of the said alley to the southwest corner of inlot 94, thence north along the west line of said inlot 94 and along the extension of said west line to the southeast corner of Inlot 7 4, thence west on the south line of inlot 7 4 to the Southwest corner of inlot 74, thence north on the west line of said inlot 7 4 and extending said west line of the north line of an alley, thence west on the north line of said alley to the centerline of mulberry street, thence south on the said centerline of mulberry street to the easterly extension of the south line of inlot 27, thence s 64°20145" W along the Extension south line of inlot 27 and said south line a distance of 134.4 7 feet, thence N 25°55155" wa distance of 108.00 feet, thence S 64°20145" W a distance of 160.20 feet, thence S 25°49121" E a distance of 20.49 feet, thence S 64°15139" W a distance of 68.00 feet, thence N 69°09121" W a distance of 41.20 feet, thence N 74°48121" W a distance Of 22.00 feet, thence S 74°10139" W a distance of 36.67 feet, thence S 25°49'21" E a distance of 137.95 feet, thence S 64°20'45"W a distance of 76.00 feet, thence N 25°49'21" W a distance of 125.00 feet, thence S 64°20'45" W a distance of 94.00 feet, thence S 25°49'21" E a distance Of 125.00 feet, thence S 64°20'45" W a distance of 165.00 feet, thence N 25°39'15" W a distance of 173.50 feet, thence S 64°20'45" W a Distance of 55.00 feet, thence S 25°49'21" E a distance of 58.50 feet, thence S 64°20'45" W a distance of 159.50 feet to the centerline of West boundary street, thence north on the said centerline to The point of beginning.
      Satellite Properties
      Schaller Memorial Building
      Division of Engineering Building
      Perrysburg Area Historic Museum (AKA Spafford House)
      Fort Meigs State Memorial Park
      See also Exhibit A, attached to Original Ordinance 35-2022.
(Ord. 35-2022. Passed 5-18-22.)
      (14)   To review and act upon all applications for Certificates of Appropriateness as required by this Chapter and, with the approval of City Council, to establish criteria, rules and regulations not otherwise included in this Chapter for evaluating applications for Certificates of Appropriateness submitted to it; (Ord. 74-2024. Passed 12-4-24.)
      (15)   To use the Secretary of the Interior’s “Standards for Rehabilitation,” as set forth on the Secretary of the Interior’s website (www.cr.nps.gov/hps/tps/tax/rhb/), and any other written guidelines that the Commission may adopt, with the approval of City Council, for making decisions on requests for Certificates of Appropriateness submitted to it;
         (Ord. 75-2024. Passed 12-4-24.)
      (16)   Upon establishment of a Historic District, to make recommendations regarding the following items:
         A.   Paving, alteration and design of streets;
         B.   Relocation and placement of utilities;
         C.   Design and location of street furniture;
         D.   Traffic controls and limits;
         E.   Regulation of parking facilities;
         F.   Design and location of signs or business advertisements within the District; and
         G.   Such other matters requiring legislative actions which are consistent with the spirit of this Chapter.
      (17)   To report regularly to the City Council on the present condition of historic buildings in the City and to identify problems that may, at a later time, threaten the preservation of these buildings;
      (18)   To encourage plans for the rehabilitation of historic buildings in the City and to assist individuals and organizations who are rehabilitating specific buildings; and
      (19)   To work with City officials and private individuals to resolve conflicts between the preservation of historic buildings and alternative uses of the land. (Ord. 25-2006. Passed 3-7-06.)

1245.50 DESIGNATION OF HISTORIC DISTRICT OR LISTED PROPERTY.

   (a)   In considering the designation of any area, place, site, building, structure, object or work of art in the City as a Historic District or a Listed Property, the Commission and City Council shall apply the following criteria with respect to the property. The property must be at least forty (40) years old and must meet one (1) or more of the following criteria:
      (1)    It has character, interest or value as part of the heritage or cultural development of the City, the State or the United States.
       (2)    Its location is the site of a significant historic event.
       (3)    It is identified with a person or persons who significantly contributed to the culture and development of the City, the State or the United States.
       (4)    It exemplifies the cultural, economic, social, archaeological, or historic heritage of the City.
       (5)    It portrays the environment of a group of people in an era of history characterized by a distinctive architectural style.
       (6)    It embodies distinguishing characteristics of an architectural type or specimen.
       (7)   It is identified as the work of an architect, landscape architect or notable builder whose individual work has influenced the development of the City, the State or the United States.
       (8)    It embodies elements of architectural design, detail, materials or craftsmanship which represent architecture of significant character.
      (9)    Its unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood, community or the City.
      (10)    It has yielded or is likely to yield information important to the understanding of prehistory or history.
      (11)    In addition to meeting at least one (1) of the above criteria, the area within proposed Historic District boundaries must have an internal historic cohesiveness in the sense of a shared common history of its inhabitants, historical development according to a master plan, or a shared architectural style or design or a body of architecture illustrating the evolution of architectural styles over a period of time.
   (b)   The Commission shall notify the owner, by mail, of any proposal to list his or her property or to designate a Historic District, which encompasses his or her property.
   (c)   Upon receipt of the owner's consent to the listing on the local register, the Historic Landmarks Commission shall make a recommendation concerning the designation of the property to the Planning Commission. After receipt of the Historic Landmarks Commission's recommendation, the Planning Commission shall make a recommendation concerning the designation of the property to City Council. After receipt of the Planning Commission's recommendation, City Council shall consider such recommendation and vote on the designation of the area, place, site, building, structure, object or work of art as a Historic District or a Listed Property.
   (d)   If the owner of individual properties refuses or declines to give his or her written consent to a proposed listing and the Commission feels it is of considerable importance to the community that the property be listed, then the following procedure shall be followed, which shall also be the procedure followed in the designation of all Historic Districts:
      (1)    The Commission shall transmit to City Council and the Planning Commission its recommendations, in writing, for the creation of a Historic District or the listing of any individual property.
      (2)    The Planning Commission shall hold a public hearing on the proposed designation or listing following the procedures established in Section 1270.04 of this Zoning Code.
       (3)   After receiving recommendations concerning the proposed designation or listing from the Historic Landmarks Commission and the Planning Commission, and before making a decision on the designation or listing, City Council shall hold a public hearing on the issue following the procedures established in Sections 1285.07 and 1285.08 of this Zoning Code. City Council shall give due consideration to recommendations of the Historic Landmarks Commission and the Planning Commission, as well as such views as are expressed by persons participating in the hearings before such Commissions, in making its determination with respect to the proposed designation. City Council must act on the proposed designation within forty-five (45) days after the public hearing. City Council may designate a Listed Property or a Historic District at any regular or special meeting of City Council.
      (4)    If City Council approves the listing of a property or designation of a Historic District, the Commission shall notify the owner of such decision. If the proposed designation is disapproved by City Council, the Commission may, after a period of sixty (60) days, resubmit the proposal to City Council for reconsideration.
         (Ord. 25-2006. Passed 3-7-06.)

1245.51 GUIDELINES FOR REVIEWING APPLICATIONS; REHABILITATION STANDARDS.

   (a)   Standards of Review: In considering an application for a Certificate of Appropriateness, the Historic Landmarks Commission shall be guided by the Secretary of the Interior’s Standards for Rehabilitation set forth in the City of Perrysburg Historic District Design Standards, and the following general guidelines:
       (1)    Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment or to use a property for its originally intended purpose.
       (2)    The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible.
       (3)    All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
       (4)    Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and such significance shall be recognized and respected.
       (5)    Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
      (6)   Deteriorated architectural features shall be repaired rather than replaced, wherever possible. If replacement is necessary, then the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
       (7)    The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
       (8)    Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.
       (9)    Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and when such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
       (10)    Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
   (b)   The most current version of the City of Perrysburg Historic District Design Standards, adopted by the Historic Landmarks Commission, and approved by City Council, shall be available on the City’s website and/or in the Planning and Zoning Division office.
(Ord. 91-2025. Passed 6-3-25.)

1245.52 MINIMUM MAINTENANCE REQUIRED.

   (a)   If any structure located on a Listed Property or any property located within a Historic District is vacant or uninhabited, the owner of such property shall provide sufficient maintenance and upkeep for such structure to ensure its perpetuation and to prevent its destruction by deterioration.
   (b)   The provisions of provision (a) above shall be in addition to all other applicable provisions of the Wood County Building Code and/or the Ohio Basic Building Code.
   (c)   The Historic Landmarks Commission, on its own initiative, may file a petition with City Council, requesting that the City proceed to take action against any owner who, in the opinion of the Commission, is in violation of this Zoning Code.
(Ord. 25-2006. Passed 3-7-06.)

1245.53 LIMITATIONS ON ISSUANCE OF BUILDING AND DEMOLITION PERMITS.

   No construction, reconstruction, alteration or demolition of any area, place, site, building, structure, object or work of art in any designated Historic District or of any Listed Property shall be undertaken prior to obtaining a Certificate of Appropriateness from the Historic Landmarks Commission and, if applicable, a permit from the Zoning Inspector. No permit shall be issued by the Zoning Inspector for the construction, reconstruction, alteration or demolition of any area, place, site, building, structure, object or work of art within a designated Historic District or for a Listed Property, except in cases coming under the exclusions in this Chapter, unless the application for such permit is approved by the Commission through the issuance of a Certificate of Appropriateness in the manner prescribed in Section 1245.54.
(Ord. 25-2006. Passed 3-7-06.)

1245.54 ISSUANCE OF CERTIFICATES OF APPROPRIATENESS.

   (a)   Before any exterior change in color, design, texture or material, or to exterior features, including construction, reconstruction, alteration and demolition of any Listed Property or of a property located within a Historic District, can be undertaken, an applicant shall first apply for and secure a Certificate of Appropriateness from the Historic Landmarks Commission. The application for such Certificate shall be submitted to the Chair of the Commission, together with such plans, specifications and other material as the Commission may from time to time prescribe.
   (b)   The Commission shall review the application for a Certificate of Appropriateness at its next regularly scheduled meeting, provided the application is filed at least two (2) weeks prior to such meeting. If the Commission determines that there will be no change in exterior color, design, texture, material or exterior architectural features, it shall cause the Chair to endorse a Certificate of Appropriateness and return the plans and specifications to the applicant.
   (c)   If the Commission finds that there will be a change in exterior color, design, texture or material, or to the exterior architectural features, the Commission shall determine whether the proposed construction, reconstruction, alteration or demolition is appropriate or whether it has an adverse effect upon the purposes of this Chapter, the Historic District or the Listed Property. In making such determination, the Commission shall refer to the Secretary of the Interior’s “Standards for Rehabilitation,” and to any other written design guidelines adopted by the Commission. In the case of archeological properties, the Commission shall refer to the Advisory Council on Historic Preservation’s “Treatment or Archeological Properties: A Handbook”. Cost estimates shall be presented by the applicant, and these costs shall be considered by the Commission in making a decision. It is the Commission’s responsibility to take into consideration the feasibility of the alternatives or choices in each situation. The Commission’s consideration of cost estimates shall include situations when the restoration of original features of the building is one (1) of the alternatives or choices.
   (d)   If the proposed construction, reconstruction, alteration or demolition is determined to have no adverse effect on the Historic District or Listed Property, and does not violate the spirit and purpose of these preservation regulations, then the Commission Secretary shall issue the Certificate of Appropriateness.
   (e)   If the Commission finds that such proposed construction, reconstruction, alteration, demolition or change in color, design, texture, material or exterior architectural feature will have an adverse effect on the Historic District or Listed Property, and does violate the spirit and purpose of these preservation regulations, then the Commission shall deny issuance of the Certificate of Appropriateness.
   (f)   If the Commission determines that a Certificate of Appropriateness should not be issued, it shall forthwith state in its records reasons for such determination and may include recommendations regarding the proposed construction, reconstruction, alteration, demolition, or change in color, design, texture, material or exterior architectural feature. The Secretary of the Commission shall notify the applicant of such determination and transmit to him or her a certified copy of the reasons for denial and recommendations, if any, of the Commission.
   (g)   Certificate of Appropriateness: A Certificate of Appropriateness shall then be in effect for one (1) year from the date of issuance. If the approved improvements have not been started within one (1) year, the Certificate of Appropriateness shall expire. If the improvements have been started within one (1) year from the date of issuance of a Certificate of Appropriateness, the Certificate shall be in effect for a total of two (2) years from the date of issuance. All such improvements must be completed prior to the expiration of the new Certificate of Appropriateness. If the Certificate of Appropriateness expires, a new Certificate of Appropriateness shall be required for these improvements as prescribed in Section 1245.54.
(Ord. 71-2025. Passed 5-6-25.)

1245.55 DEMOLITIONS.

   (a)   When the Commission is deciding whether a proposed demolition will have an adverse effect on the Historic District or Listed Property, its consideration shall be based on the following standards:
       (1)    Whether the property at this time has historical, cultural or architectural significance and contributes to maintaining the character of the historic district.
       (2)    Whether the preservation of the building will cause substantial economic hardship for the applicant. Substantial economic hardship does not include an applicant’s inability to maximize the return on the applicant’s investment. Neglect of a building by its owner and its deterioration does not create the basis for a finding of substantial economic hardship or a finding of no reasonable use.
       (3)    Whether the building can no longer be put to a reasonable use, including an adaptive re-use of the building.
       (4)    For demolition of entire structures, whether the proposed new use of the property is consistent with the quality and character of the Historic District.
      (5)    The Commission’s determination on a proposed demolition of a building shall be based upon a balance of the foregoing factors with the burden upon the applicant to establish that he or she is entitled to a Certificate of Appropriateness. In making any such determination, the Commission shall be guided by the principle that the demolition of a historic or contributing property constitutes as irreplaceable loss to the quality and character of a Listed Property and the Historic District. The reasoning of the Commission in reaching any such decision and the results of its balancing of the foregoing factors shall be clearly stated either in the minutes for the proceeding or in a separate written report. Upon a determination by the Commission that a building is not historically, culturally or architecturally significant or otherwise worthy of preservation upon consideration of the foregoing factors, a Certificate of Appropriateness for the proposed demolition shall be issued.
   (b)   If the Commission answers any of these questions affirmatively, it shall make findings and prepare a written report with its reasons. When this step has been completed, the Commission shall authorize the Commission Secretary to issue the Certificate of Appropriateness.
   (c)   In applying for a Certificate of Appropriateness to demolish a building subject to this Chapter, the applicant shall present credible evidence to the Commission including, but not limited to, the following:
      (1)    Detailed reports and background information on the historical or architectural significant (or lack thereof) of the building to be demolished.
      (2)    Appraisals, where deemed necessary by the Commission, showing the present fair market value of the property; the fair market value of the property assuming that the building has been demolished; and the fair market value of the property assuming that the building has been restored or altered for productive use.
      (3)    Detailed information on the economic feasibility of restoring the building, putting the building to an alternative use or altering the building to an alternate use.
      (4)    Where necessary or where requested by the Commission, a cost estimate for restoring the building or altering the building to an alternative use.
      (5)    When requested by the Commission, definitive plans for reuse of the site, evidence of a commitment for funding of the new project, a time frame for project initiation and completion and an assessment of the effect of such plans on the character and integrity of the Listed Property and the Historic District.
   (d)   The Commission may extend the time for decision an additional ninety (90) days on an application for the demolition in order to find a way to save the building. The ninety (90) day period shall start on the day the Commission meeting at which the demolition request is reviewed.
   (e)   The Commission may ask interested individuals and organizations for assistance in seeking an alternative to demolition.
    (f)   During the review period, the owner of the structure shall make all reasonable efforts to maintain the structure and prevent further deterioration.
   (g)   Upon determination of the Fire Chief or City Engineer and with the concurrence of the Planning and Zoning Administrator, a Certificate of Appropriateness may be issued to demolish a structure where the public health and safety are in immediate danger if the demolition is not permitted.
   (h)   The following shall constitute the penalties and remedies for a violation of this Chapter:
      (1)    Whoever demolishes or causes to demolish a building in the Historic District or any Listed Property without obtaining a Certificate of Appropriateness shall be guilty of a minor misdemeanor.
      (2)    Whoever demolishes or causes to be demolished a building in the Historic District or any Listed Property after being enjoined by court of equity or being ordered to cease and desist by the Planning and Zoning Administrator shall be guilty of a first-degree misdemeanor.
      (3)    In addition to the other remedies and penalties provided in this Chapter and the Zoning Code, the City may issue an order to cease and desist and / or initiate appropriate actions or proceedings to prevent, restrain or enjoin any threatened or continuing violations of Section 1245.55.
         (Ord. 25-2006. Passed 3-7-06.)

1245.56 APPEALS.

   An applicant who has been denied a Certificate of Appropriateness by the Historic Landmarks Commission may appeal the decision to City Council. Any such appeal shall be made within thirty (30) days after the denial of the Certificate. Grounds for the appeal shall be given by the applicants in the papers submitted and the grounds shall be limited to procedural errors by the Commission, failure by the Commission to consider the entire record presented to the Commission with respect to the application, an incomplete explanation for the decision reached by the Commission, or where there has been a clear misapplication of either the design review guidelines or the Historic District ordinance. When considering an appeal, City Council shall refer to the written guidelines adopted by the Commission and the entire record before the Commission. City Council may request additional information from the Commission and/or the applicant and may hold a public hearing on the issue. City Council may affirm or reverse the Commission’s decision. If City Council affirms the decision, the denial of the Certificate will stand. If City Council reverses the decision of the Commission it shall state, as a matter of public record, the reasons for the reversal. (Ord. 25-2006. Passed 3-7-06.)

1245.57 REHABILITATION OF BUILDINGS.

   The Commission may initiate and encourage plans for the preservation and rehabilitation of the individual historic buildings. To achieve this goal, the Commission may assist private individuals and organizations who are working to rehabilitate specific buildings. The Commission may seek to identify buildings where maintenance work is needed or buildings where the restoration of former features or elements is appropriate. After identifying such a building, the Commission may request a meeting with the owner to discuss plans for the property. The Commission shall, on a regular basis, give official recognition to owners and tenants who maintain or rehabilitate their historic buildings with care and thus contribute to the preservation of the history of Perrysburg.
(Ord. 25-2006. Passed 3-7-06.)

1245.58 EARLY IDENTIFICATION OF PLANS AFFECTING HISTORIC PROPERTY.

   The Commission shall work with the City staff and private individuals to learn about proposed public or private plans that would lead to changes in the Historic Districts or to Listed Properties. This work shall be done to cover the period before the Commission receives an application from an owner or tenant. The purpose of this early identification of projects is to help in the preservation of historic buildings and to resolve conflicts between the preservation of historic buildings and alternative use of the land.
(Ord. 25-2006. Passed 3-7-06.)

1245.59 EXCLUSIONS.

   Nothing in this Chapter shall prevent the ordinary maintenance or repair, as defined in Section 1245.47, of any Listed Property or property within a Historic District, if such work involves no change in design, texture, material or exterior feature. Nothing in this Chapter shall prevent any change, including the construction, reconstruction, alteration or demolition of any property, structure, building, object or work of art within a Historic District or Listed Property, which, in the view of the City acting lawfully, is required for public safety because of an unsafe or dangerous condition.
(Ord. 25-2006. Passed 3-7-06.)

1245.60 PREVENTION OF UNLAWFUL CHANGES.

   If any unlawful change is made in any property, which has been designated as a Listed Property or which is situated in a Historic District, the City may institute appropriate proceedings to prevent such unlawful change. Such remedy shall be in addition to the penalty provided in Section 1280.06. (Ord. 25-2006. Passed 3-7-06.)