Each Historic District must have a Historic District Commission.

   A.   The purpose of these Commissions will be to administer the delegated functions as set forth in this section.

   B.   Members of all Historic District Commissions shall be appointed by the Mayor with the consent of the City Council.

   C.   All members of all Historic District Commissions shall have a demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines, though the neighborhood delegates need not have formal licensing in said disciplines.

   D.   At least two members shall be from preservation-related professions to the extent that such professionals are available in the community. The qualifying professions include architecture, architectural history, archaeology, planning, and related disciplines.

(Ord. 170-04. Passed 3-23-04; Ord. 314-12. Passed 6-19-12.)

   A.   Membership. A City Historic District Commission, consisting of 11 members, is hereby established. The purpose of the Commission will be to administer the delegated functions as set forth in this section. The City Historic District Commission members must be composed of Neighborhood Delegates and Delegates-At-large.

      1.    Delegates-At-Large. Three Delegates-At-Large may be a resident of a Historic District. Representation shall be from one of the following five organizations or areas of expertise listed below and shall be from nominations submitted by the organization where applicable.

         a.    The American Institute of Architects (Toledo Chapter);

         b.    The Landmarks Preservation Council of the Maumee Valley Historical Society;

         c.    The City Plan Commission: A member of the Plan Commission or the Planning Director or the Planning Director's designee.

         d.    American Society of Landscape Architects-Maumee Valley Section; and

         e.   A delegate who has demonstrated special interest, experience or knowledge in history, architecture, preservation, planning, or related disciplines.

      2.    Neighborhood Delegates. Eight Neighborhood Delegates must be appointed from nominations made by, but not limited to, interested Historic District residents and neighborhood organizations. Selection of Neighborhood Delegates must be made from the following Historic Districts listed on or nominated for the National Register of Historic Places. A majority of the Neighborhood Delegates must be residents of a Historic District.

         a.   One delegate from the northern Historic Districts with a delegate from Birckhead Place, and Bronson Place, or from Bush Street;

         b.   One delegate from the western Historic Districts with a delegate from Old West End or Englewood;

         c.   One delegate from the central Historic Districts with a delegate from Toledo Olde Towne or from St. Clair St., Warehouse Produce and Monroe Street;

         d.   One delegate from the eastern Historic Districts or southern Historic District with a delegate from Birmingham, East Toledo, Yondota and Spring Grove, or St. Peter & Paul;

         e.   Two delegates, from Westmoreland;

         f.   Two delegates, from the Vistula Historic District; and

         g.   Future Historic Districts, upon being listed on the National Register of Historic Places or designated by the City, must be inserted in the above listing as appropriate with no increase in the number of Neighborhood Delegates. To do so, the procedure of Section 1111.0500 must be followed.

   B.   Other Appointees. In the event that the organizations designated in this subsection do not submit nominations within 60 days after a vacancy or after a request is made, the Mayor may appoint, on his own nomination, from any of the listed Historic Districts or Delegates-at-Large pursuant to the requirements of this section.

   C.   Terms of Membership. Initial appointments must be for staggered terms, as specified by the City Historic District Commission, of one, two, or three years. All subsequent terms will be for a period of three years. Vacancies will be filled for the unexpired term in the same manner as original appointments are made.

Those persons hereafter appointed who serve ten consecutive years as a member of the City Historic District Commission shall not be eligible for reappointment to the commission until expiration of a period equivalent to a full term on the commission, provided, however, they shall be permitted to complete the term for which they were last appointed.

   D.   Additional Powers and Duties. In addition to the duties of each Historic District Commission pursuant to Section 1112.0109, th City Historic District Commission shall:

      1.    Designate landmark properties;

      2.    For designated landmark properties, develop appropriate standards and guidelines reflecting the landmark's historic and architectural significance;

      3.    Hear, review, grant, deny and recommend modifications to proposals for Certificates of Appropriateness involving environmental changes to landmarked properties. Applications for Certificates of Appropriateness must be judged using adopted historic landmark standards and guidelines;

      4.    Conduct a continuing survey of cultural resources in the City with the support of the Historic/Environmental Section, Department of Economic and Community Development;

      5.    Advise the Mayor, the Department of Economic and Community Development and other local officials and make recommendations as to the protection of the City's cultural resources;

      6.    Act as a liaison on behalf of the City to individuals and organizations concerned with historic preservation; and

      7.    Review all proposed National Register nominations for properties within the City in a manner consistent with federal and state regulations, seeking expertise from disciplines not represented on the Commission as needed.

      8.   Notify the respective active neighborhood organization of any demolitions requiring City Historic District Commission review, which is in the respective Historic District. Notification must be given to the respective active neighborhood organization at least ten calendar days before the City Historic District Commission hearing.

(Ord. 170-04. Passed 3-23-04; Ord. 314-12. Passed 6-19-12.)

   A.   Membership. To protect and enhance the historical and architectural characteristics of the Old West End Historic District, the Old West End Historic District Commission, consisting of 9 members, is hereby established. Membership to the Commission must be as follows:

      1.    Delegates-at-large. Appointed from nominations submitted by the organizations below. The Delegates-At-Large may be residents of the Old West End Historic District. The representation shall be one member from each of the following four organizations:

         a.   American Institute of Architects - Toledo Chapter;

         b.   Arts Commission of Greater Toledo;

         c.   Landmarks Preservation Council of the Maumee Valley Historical Society or a delegate who has demonstrated special interest, experience or knowledge of history, architecture, preservation, planning, or related disciplines; and

         d.   The City Plan Commission: A member of the Plan Commission or the Planning Director or the Planning Director's designee.

      2.    Neighborhood delegates. Five persons, of which at least four must reside in the Old West End Historic District. Persons must be chosen from nominations made to the Mayor by Old West End Historic District residents and the Old West End Association.

   B.   Terms. Initial appointments must be for staggered terms, as specified by the Old West End Historic District Commission, of one, two, or three years. All subsequent terms will be for a period of three years. Vacancies will be filled for the unexpired term in the same manner as original appointments are made.

   Those persons hereafter appointed who serve ten consecutive years as a member of the Old West End Historic District Commission shall not be eligible for reappointment to the commission until expiration of a period equivalent to a full term on the commission, provided, however, they shall be permitted to complete the term for which they were last appointed.

(Ord. 170-04. Passed 3-23-04; Ord. 314-12. Passed 6-19-12.)

   After the establishment of the City Historic District Commission, no additional Historic District Commissions may be established under this section. The repeal by the City Council of the Old West End may include redesignation of the Historic District and administration by the City Historic District Commission. To do so, the procedure of Section 1111.0500 must be followed.

(Ord. 170-04. Passed 3-23-04; Ord. 314-12. Passed 6-19-12.)

   Any vacancy on a Historic District Commission shall be filled within 60 days.

(Ord. 170-04. Passed 3-23-004; Ord. 314-12. Passed 6-19-12.)

   To avoid conflicts of interest, members of Historic District Commissions may not vote on cases in which they have economic interests.

(Ord. 170-04. Passed 3-23-04; Ord. 314-12. Passed 6-19-12.)

   A.   Each Historic District Commission must annually select one of its members to serve as chairperson and one as vice chairperson.

      1.   The Planning Director must provide such staff assistance as is necessary and available.

      2.   All City departments and agencies must cooperate in expediting the work of the Historic District Commissions.

   B.   The majority of a Historic District Commission's members constitutes a quorum thereof. For the taking of any official action, a majority vote of the quorum is required.

   C.   Each Historic District Commission must adopt rules and regulations consistent with this section governing its procedures and transactions.

      1.   Each Historic District Commission will meet as required to carry out the review of applications for Certificates of Appropriateness, and such other related work as may be accepted through request of the Plan Commission or City Council or undertaken on its own motion.

      2.   Meetings will be held at least once each month when there are applications to be considered and not less than once every three months.

      3.   Special meetings may be held at the call of the chairperson of each Historic District Commission.

   D.   Each Historic District Commission must annually issue a written annual report of Commission activities, cases, decisions, special projects and qualifications of the members.

(Ord. 170-04. Passed 3-23-04; Ord. 314-12. Passed 6-19-12.)

   A.   A Historic District Commission must develop appropriate standards and guidelines reflecting the district's historic and architectural significance. The standards and guidelines must promote redevelopment of historic structures and compatible new development within the district. The standards and guidelines may not limit new construction within a district to any one historical period or architectural style, but must seek to preserve the integrity of existing historic structures. The standards and guidelines must include, but not be limited to, the following exterior architectural and design considerations:

      1.    Structural proportion;

      2.    Foundations of structures;

      3.    Exterior walls;

      4.    Building height;

      5.    Building width;

      6.    Roof type;

      7.    Building material;

      8.    Exterior architectural features;

      9.    Paving or walkways;

      10.   Significant landscaping fixtures (including retaining walls); and

      11.    Color or colors of the exterior as related to color or colors of surrounding buildings.

   B.   Each Historic District Commission is authorized to hear, review, grant, deny and recommend modifications to proposals for Certificates of Appropriateness involving environmental changes. Applications for Certificates of Appropriateness must be judged using adopted Historic District standards and guidelines.

   C.   Each Historic District Commission must establish, within the spirit and purposes of this section, procedures for evaluating applications for Certificates of Appropriateness. Such information must be written and published within three months after the Historic District Commission members have been appointed and may be revised from time to time. Each Historic District Commission must maintain files, available to the public, containing all applications granted or denied to serve as a basis for prospective applicants to conform their plans with established policy. Each Historic District Commission may make recommendations to the Plan Commission regarding amendments to this section and with respect to other legislation affecting the Historic Districts. Each Historic District Commission must work for the continuing education of both the Historic District residents which it serves and the residents of the City with respect to this section and the district's historic heritage and architectural significance. In addition, each historic district must publish informational literature and hold periodic public meetings to disseminate information on preservation and rehabilitation techniques and resources. The Historic District Commissions may delegate to the Planning Director review authority to issue Administrative Certificates of Approval over certain building permit items. Decisions must be based on historically and architecturally documented criteria adopted by the Historic District Commission. The Planning Director must then review, grant, deny and/or recommend modifications in writing to such applications.

(Ord. 170-04. Passed 3-23-04; Ord. 314-12. Passed 6-19-12.)

   A Board of Zoning Appeals is hereby established.

(Ord. 170-04. Passed 3-23-04; Ord. 286-20. Passed 8-11-20.)

   The Board of Zoning Appeals shall consist of seven members.

   A.   One of such members shall be a member of the City Council who shall serve during his or her current elected term as councilperson.

   B.   One member shall be the Director of Public Service or his or her designee.

   C.   The other five members shall have been electors of the City for at least three years preceding the date of their appointment. One of such electors shall also be a member of the Plan Commission or appointed alternate.

   D.   The Mayor may, with the advice and consent of the City Council, appoint two designated alternates. One alternate shall be a member of City Council, to serve as a substitute for the appointed councilperson and one shall be a member of the Plan Commission, to serve as a substitute for the appointed Plan Commission member.

(Ord. 170-04. Passed 3-23-04; Ord. 286-20. Passed 8-11-20.)

   The Mayor shall appoint five members for terms of five years each with the advice and consent of City Council, except that the terms of members of the Board of Zoning Appeals so appointed shall be staggered so as to provide expiration of the term of one member each year. In the event of a vacancy on the Board of Zoning Appeals, the Mayor shall appoint a qualified person to serve the unexpired term. The members shall serve until their successors are appointed and qualified.

(Ord. 170-04. Passed 3-23-04.)

   The Board of Zoning Appeals shall elect one of its members as chairperson and the Commissioner of Building Inspection or his or her designee shall serve as secretary to the Board of Zoning Appeals.

(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)

   The position of any of the five electors appointed to the Board of Zoning Appeals who misses three consecutive regular meetings shall be automatically vacated unless, for good cause shown, the Mayor excuses such absence.

   A.   The Secretary to the Board of Zoning Appeals shall notify an elector member, who has missed two consecutive meetings, of the two absences and the attendance requirements.

   B.   If a member misses three consecutive meetings the Secretary shall notify the Mayor with a copy to the member.

   C.   Attendance of a duly appointed alternate for the City Council and Plan Commission member shall be considered attendance by the Plan Commission member for the purpose of determining vacancy under this subsection.

(Ord. 170-04. Passed 3-23-04.)

   A.   Meetings of the Board of Zoning Appeals shall be held at least once a month unless there is no business to be considered by the Board of Zoning Appeals.

   B.   There shall be a fixed place of meeting and all meetings shall be open to the public.

   C.   The Board of Zoning Appeals shall adopt its own rules of procedure and keep a record of its proceedings, showing the action of the Board of Zoning Appeals and the vote of each member upon each question considered.

   D.   The presence of four members shall be necessary to constitute a quorum.

(Ord. 170-04. Passed 3-23-04.)

   The Board of Zoning Appeals may adopt from time to time such rules and regulations as may be deemed necessary to carry into effect the provisions of this Zoning Code.

(Ord. 170-04. Passed 3-23-04.)

   The Board of Zoning Appeals shall have the following powers and duties:

      1.   To hear and decide appeals of the decisions of the Commissioner of Building Inspection or Planning Director concerning the enforcement of the provisions of this Zoning Code in accordance with the procedures of Sec. 1111.2000.

      2.   To hear and decide appeals of the decisions of the Commissioner of Building Inspection or Planning Director concerning the provisions of Chapter1113 - Signs in accordance with the provisions of Sec. 1111.2000.

(Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)

   B.   Variances and Exceptions. To hear and decide:

      1.    Variance requests in accordance with the procedures of Section 1111.1700; and

      2.    Exception requests in accordance with the procedures of Section 1111.1800.

(Ord. 170-04. Passed 3-23-04.)

   A.   Issues that are under the express jurisdiction of the Plan Commission or applicable Historic District Commission shall not be subject to appeal to the Board of Zoning Appeals. When the procedures of this Zoning Code expressly state that decisions of the Planning Director are to be appealed to other review and decision-making bodies, those decisions shall not be subject to appeal to the Board of Zoning Appeals.

   B.   The Board of Zoning Appeals shall not have the authority to overrule any decisions of the Plan Commission, applicable Historic District Commission, or City Council on matters over which the Plan Commission or City Council has final decision- making authority under this Zoning Code.

(Ord. 170-04. Passed 3-23-04.)