On the agenda: Piqua meeting — Data Center (Apr 16)

PIQUA CITY COMMISSION MEETING
TUESDAY, APRIL 16, 2024
6 PM
COMMISSION CHAMBER – 2nd FLOOR
201 WEST WATER STREET
PIQUA, OHIO 45356
CALL TO ORDER
THE PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATION
Utilities Business Office Update – RJ Monnier
REGULAR PIQUA CITY COMMISSION MEETING
CONSENT AGENDA

1. APPROVAL OF MINUTES

Approval of the Minutes from the April 9, 2024, Regular City Commission Meeting

OLD BUSINESS
2. ORDINANCE NO. O-2-24 (3rd Reading)
An ordinance to make appropriations for the City of Piqua, Ohio, for the Year 2024
NEW BUSINESS
3. ORDINANCE NO. O-3-24 (1st Reading)
An ordinance to adopt Chapter 99: Piqua Historic Preservation Ordinance
4. ORDINANCE NO. O-4-24 (1st Reading)
An ordinance to amend Chapter 32: Boards and Commissions
5. ORDINANCE NO. O-5-24 (1st Reading)
An ordinance to amend Title XV: Land Usage, Piqua Development Code
CITY MANAGER’S REPORT
COMMISSIONERS COMMENT
PUBLIC COMMENT (This is an opportunity for citizens to address the City Commission on agenda items.
Comments are requested to be limited to five (5) minutes.)
PIQUA CITY COMMISSION MEETING AGENDA | 1

ADJOURNMENT

PIQUA CITY COMMISSION MEETING AGENDA | 2

§ 30.15 RULES OF CONDUCT FOR MEETINGS.
(A) When adopting a resolution or ordinance, the following procedures shall be followed:
(1) The heading of the proposed resolution or ordinance shall be read by the City Clerk;
(2) The City Manager, or appropriate department head, shall briefly explain the proposed ordinance or resolution;
(3) The Commissioners shall have an opportunity to ask the department heads and City Manager questions regarding
the ordinance or resolution. No public comment will be permitted during the Commissions' inquiries;
(4) The Mayor shall ask the public for comments or questions about the ordinance or resolution. Comments and
questions regarding the ordinance or resolution shall be addressed to the Mayor and/or City Manager in a civil, respectful
manner and shall be limited to a five minute period per person. The Mayor shall notify any person commenting on an
ordinance or resolution as to when his five-minute period for comments is about to expire. The person commenting can
request additional time and it shall be within the Mayor's discretion to permit the person to comment longer than five
minutes. No person shall be permitted to comment twice on the same resolution or ordinance at the same meeting;
(5) Finally, the Commission shall have its final debate and complete its deliberation on the ordinance or resolution. No
comments from the public shall be permitted during said debate and/or deliberation.
(B) When conducting open forum at the end of the meeting, the following rules be followed:
(1) Comments and questions by the public shall be addressed to the Commission, Mayor and/or City Manager in a civil,
respectful manner and shall be limited to a five minute period per person. The Mayor shall notify any person commenting as
to when his five-minute period for comments is about to expire. The person commenting can request additional time and it
shall be within the Mayor's discretion to permit the person to comment longer. No person shall be permitted to comment
twice in open forum at the same meeting;
(2) Under no circumstances shall any member of the public address or ask questions, other than the City Manager, to
city staff members. If appropriate, the City Manager may direct a city staff member to answer questions or respond to
comments from the public.
(C) During the entire commission meeting, the following rules of conduct shall apply to any person attending the
Commission meeting:
(1) Persons shall conduct themselves in a civil, respectful manner;
(2) No one shall express himself or herself in a manner that interrupts the orderly conduct of the meeting, for example,
talking (other than when addressed by the Commission or City Manager), yelling, clapping, jeering or cheering;
(3) Any person violating any of the rules of conduct shall be warned by the Mayor to cease his or her violation of the
rule. If said person fails to comply with the Mayor's request to cease his or her conduct, the Mayor shall direct the person to
leave the city premises. Failure to leave the premises when directed to do so may result in criminal prosecution;
(4) If a person fails to cease commenting after his or her comment time has expired without extension, the public
microphone shall be cut off, the television camera shall not focus upon the person, and the person will be asked by the
Mayor to sit down. If the person fails to sit down, the Mayor shall direct the person to leave the city premises. Failure to
leave the premises when directed to do so may result in criminal prosecution;
(5) At any time during open forum, if any Commissioner believes that the public comment session no longer serves the
public's interest, he or she may make a motion to adjourn the meeting. If said motion is seconded, all public comments shall
cease and the Mayor shall direct the Clerk to call the roll to determine if the motion to adjourn shall pass. If the motion
passes, the meeting shall be adjourned;
(6) These Rules of Conduct shall be posted at the entrance of the City Commission Chambers.
(Ord. 24-06, passed 8-7-06; Am. Ord. 22-12, passed 10-16-12)

PIQUA CITY COMMISSION MEETING MINUTES
TUESDAY, APRIL 9, 2024
CALL TO ORDER
Piqua City Commission met at 5:30 p.m. in the Municipal Government Complex Commission Chambers
located at 201 W. Water Street, Piqua, Ohio.
ROLL CALL
Mayor Lee and Commissioners DeBrosse, Hohman, Simmons and Vetter were present.
ADJOURN TO EXECUTIVE SESSION

Commissioner Vetter made a motion to adjourn to Executive Session and Commissioner
Hohman seconded the motion. Commission adjourned at 5:33 p.m.
ROLL CALL
Mayor Lee and Commissioners DeBrosse, Hohman, Simmons and Vetter were present.
EXECUTIVE SESSION
The Executive Session is to consider pending or imminent litigation and to consider the purchase or sale
of property for public purposes.
ADJOURN FROM EXECUTIVE SESSION

Commissioner DeBrosse made a motion to adjourn from Executive Session and Commissioner
Vetter seconded the motion.
ROLL CALL
Mayor Lee and Commissioners DeBrosse, Hohman, Simmons and Vetter were present.
Commissioner Hohman made a motion to amend the agenda to include a short Q&A by Ken Moyer from
the Miami Conservatory District.
Commissioner Hohman said he has heard a lot of concerns about why the fee is going up so much and
asked Ken Moyer to explain the difference between an assessment and a tax. Mr. Moyer says any entity
that receives an assessment has to receive a benefit. An assessment benefits the particular homeowner.
A tax benefits everyone.
Commissioner Hohman asked what level of government the MCD is through. Mr. Moyer said they follow
the Ohio Revised Code and are governed by the Conservancy Court.
Commissioner Hohman asked if there was any way of mitigating the cost if the homeowner can’t afford
the assessment. Ken Moyer said there is no way to get out of paying it because the homeowner is
receiving a direct benefit. Commissioner Hohman reasoned that it is a trade off because the homeowner
could have lost the home altogether due to flooding or have to pay for flood insurance without the
protection of the MCD.
PIQUA CITY COMMISSION MEETING MINUTES | 1

Ken discussed when the assessments will happen. Commissioners Hohman and Mayor Lee thanked Mr.
Moyer for answering questions. Commissioner Vetter mentioned an interesting book available at
Johnston Farm with the history of the flood. Commissioner Simmons asked if someone replaced a
structure and mitigated the risk, if the assessment could be eliminated. Mr. Moyer said it was a great
question. In certain circumstances it may be lessoned but the MCD doesn’t track topography.
WORK SESSION
Kyle Hinkelman discussed how the City of Piqua would be applying for Piqua Historic Preservation
certification. He said that there are a number of other communities that have this designation including
Tipp City. This would open up a number of grants to help with certain projects and tax credits. Kyle said
we worked with the State already to see if we met their requirements on the checklist and they felt that
we needed a new ordinance to cover everything. Kyle showed a map with the boundaries. This would
create a new city board. The timeline was discussed. Commissioner Vetter asked what someone could do
if they wanted another building included. Kyle said to contact him but noted that the property has to be
contiguous. Mayor Lee asked if Kyle had talked to Don Smith and Kyle said he tried to make contact with
him, but this would just be another tool for the Caldwell Historic District to use. Commissioner DeBrosse
confirmed that this would make tax credits available for developers and would eliminate the developer
from having to get this designation themselves. He asked if there were any particular sites that would
benefit from this. Kyle said he knows of 2-3 currently. Commissioner Simmons said he’d be interested in
being on the Historic Preservation Board and Commissioner DeBrosse said that the paperwork doesn’t
state a commissioner is needed.

CONSENT AGENDA

REGULAR PIQUA CITY COMMISSION MEETING

APPROVAL OF MINUTES
Approval of the Minutes from the March 19, 2024, Regular City Commission Meeting and the March 28,
2024, Special Commission Meeting
RESOLUTION NO. R-59-24
A resolution appointing a member to the Diversity Committee
RESOLUTION NO. R-60-24
A resolution appointing a member to the Diversity Committee
RESOLUTION NO. R-61-24
A resolution appointing a member to the Diversity Committee
RESOLUTION NO. R-62-24
A resolution appointing a member to the Miami Valley Regional Planning Commission
Action taken: Commissioner Hohman made a motion to approve the consent agenda and Commissioner
Vetter seconded the motion. All were in favor and the motion was carried unanimously.
PIQUA CITY COMMISSION MEETING MINUTES | 2

OLD BUSINESS
ORDINANCE NO. O-2-24 (2nd Reading)
An ordinance to make appropriations for the City of Piqua, Ohio for the year 2024
Introduction: Jerry O’Brien said the appropriation is to adjust the line items. There have been no changes
since the first reading.
Public Comment: None
Action taken: 2nd Reading
NEW BUSINESS
RESOLUTION NO. R-63-24
A resolution authorizing a purchase order to Knapheide Truck Equipment Center for the purchase of a
utility service truck with service body and air compressor system for the underground utilities
department
Introduction: Kevin Krejny is seeking approval to purchase a new Utility Service Truck body and air
compressor system from Knapheide Truck Equipment Center. This truck is an investment in a piece of
equipment that we use every day, and it should last us at least 10 years. It will replace our current utility
service truck (W-8) which is 10 years old and has over 100,000 miles. The utility bed and air compressor
are being purchased through Knapheide Truck Equipment Center. The cab and chassis are being
purchased through Valley Ford Truck, Inc. with a separate Resolution tonight. This equipment was also
quoted from one other company known to us as being able to provide this specific equipment, Ace Truck
Body, Inc. Their quote came in at $41,000.00. It will be split 50/50 between Water and Underground.
Commissioners Comments: Commissioner DeBrosse asked what the total of the truck and the service
body is. Commissioner Hohman asked if the Utility Board approved, and Kevin replied that they were in
approval of this at the March meeting.
Public Comment: None
Action taken: Commissioner Hohman made a motion to approve R-63-24 and Commissioner Vetter
seconded the motion. All were in favor and the motion was carried unanimously.
RESOLUTION NO. R-64-24
A resolution authorizing a purchase order to Valley Ford Truck, Inc. for the purchase of a new utility
service truck for the underground utilities department
Introduction: Kevin Krejny introduced this resolution seeking approval to purchase a new Utility Service
Truck from Valley Ford Truck, Inc. This truck is an investment in a piece of equipment that we use every
day, and it should last us at least 10 years. It will replace our current utility service truck which is 10 years
old. The cab and chassis are being purchased through Valley Ford Truck, Inc. The utility bed and air
PIQUA CITY COMMISSION MEETING MINUTES | 3

compressor are being purchased through Knapheide Truck Equipment Center with a separate Resolution
tonight. This truck was also quoted from Sherry’s and their quote came in at $70,200.00.
Commissioners Comments: None
Public Comment: None
Action taken: Commissioner DeBrosse made a motion to approve R-64-24 and Commissioner Hohman
seconded the motion. All were in favor and the motion was carried unanimously.
RESOLUTION NO. R-65-24
A resolution to authorize a replat along Nadene Drive w/ vacation of existing easements and dedication
of new easements
Introduction: Kyle Hinkelman reported that the Planning Commission recommended approval to the City
Commission at the March 12, 2024, meeting to approve a Replat of Inlots #8660, 8661, & 8662,
and vacation of existing easements and dedication of new easements as
displayed in Exhibit A. The lot being divided will be split equally between the 2 adjacent homeowners.
This replat is an equal division of inlot #8661, with the western half being conveyed to inlot #8660 and
the eastern to inlot #8662. The desired split of the inlot allows for a much larger home to be built on an
irregular shaped parcel.
The developer, Rob Alexander, explained that the individual requesting this wanted a bigger lot for what
they wanted to build.
Commissioners Comments: Commissioner Hohman asked if there was any opposition and Rob said no
and this has been done a dozen or more times before.
Public Comment: None
Action taken: Commissioner Hohman made a motion to approve R-65-24 and Commissioner Vetter
seconded the motion. All were in favor and the motion was carried unanimously.
RESOLUTION NO. R-66-24
A resolution establishing a Piqua City Commission 2024 Calendar of meetings
Introduction: Paul Oberdorfer said traditionally we establish a calendar of meetings.
Commissioners Comments: Mayor Lee pointed out that the August 6 meeting is cancelled due to the
Commissioners wanting to attend National Night Out.
Public Comment: None
Action taken: Commissioner Hohman made a motion to approve R-66-24 and Commissioner Vetter
seconded the motion. All were in favor and the motion was carried unanimously.
CITY MANAGER’S REPORT
PIQUA CITY COMMISSION MEETING MINUTES | 4

Paul Oberdorfer reminded everyone that the 2024 Riverway Summit will be held on April 19th at the
plaza and encouraged everyone to buy a ticket. He announced that planning commission was moved to
Wednesday, April 10th and that the Fire Training Committee has been moved to the Turret Room at the
Plaza.
COMMISSIONERS COMMENT
Commissioner Simmons thanked the Mayor and City Manager for rescheduling last Tuesday’s
Commission Meeting due to weather. He gave a shout out to ham radio operators and enjoyed listening
to them. He said it was a lot of fun seeing all of the volunteers that came out for the eclipse.
Commissioner DeBrosse thanked local businesses for organizing events over the weekend. He thanked
the chief for preparing for an influx of visitors during the eclipse. He also thanked the officers for how
they carried themselves with class during an encounter this weekend.
Commissioner Vetter attended the CHIP meeting and found it helpful. He said the Public Works
department is in the process of delivering door hangers for people not removing their trash cans from
the street. He has attended the energy and utility board meetings and is very impressed with the
professionalism. There was a home buyers resource meeting, and it was open to everyone. We are trying
to expand our spay and neuter program for cats and you can contact him or the City Manager if you
would like to volunteer to help. There is a Hance Pavilion meeting to discuss ADA on April 18. The city
does not have an ordinance stating what can be burned in recreational fires and we follow the State
guidelines. April 25th is a Hydraulic Canal meeting.
Commissioner Hohman echoes Commissioner Vetter about the need for the spay and neuter program.
He helped by adopting a stray. He said the eclipse was gorgeous and he hopes others got to experience it
too. He said he was impressed with the police officer’s ability to keep cool during an encounter this
weekend. He thanked Chief Byron for getting back with him on the information regarding firearms
training and he appreciates his effort in preparing his response. He asked Paul Oberdorfer how much the
MCD assessments were going to increase for city properties.
Mayor Lee thanked the downtown businesses for organizing the event this weekend. He said it was
delightful to see all of the people. The eclipse was a nice family affair. He repeated that the Fire Training
Committee would be meeting Thursday at the plaza and that there is a mayor’s meeting every
Wednesday. It is the time of year where people start cutting their grass and asked people to bag their
clippings and not put them in the street.
PUBLIC COMMENT
Valerie Mullikin applauded the downtown and Piqua Center for having lots of activities over the weekend.
She thinks the Historic Preservation certification would be amazing because she noticed some buildings
downtown that could benefit from a grant available if we get certification. She asked when we’d have ADA
parking downtown and when the only shelter at Pittsenbarger park would be in ADA compliance. Paul
said the study is not complete yet and there has been a change in staff. Valerie said she would like to
work with him. Paul told her to email him. Valerie encouraged the commissioners to get involved with the
Miami County Fair and to help the Indian Lake tornado victims by donating to Thrivent Financial.

PIQUA CITY COMMISSION MEETING MINUTES | 5

Commissioner Lee said that he received a letter from the City of Celina thanking us for sending our
power employees to help. Commissioner Hohman thanked Valerie for her input.
Melonie Walker said that she thinks the Historic Preservation ordinance is amazing. She said she owns a
business and a home in this designated area and some repairs are needed to the bricks on her building.
She asked about the orange cones around the trees downtown and asked if the work would be done by
the Taste of the Arts event in May. She said she appreciated the Police Department. Melonie said she saw
a lot of traffic from the alien event downtown. She saw a lot of out of towners on Saturday and on
Sunday 80% of the traffic was from Piqua. She said it was a big hit and a lot of people were asking for
them to have this event more often.
Kim Heisler asked that batteries be added to the restricted items and not just lithium batteries.
Commissioner Hohman said that he believes that it is in the ordinance he’s working on. She asked if we
could just terminate the contract with BGSU. Commissioner Hohman explained that BGSU has one of the
best fire training programs in the state. Their training school is separate from the research department.
Jeff Grimes said that the pallets that will be burned at the Fire Training Center have toxic chemicals on
them. Commissioner Hohman doubted that statement and Jeff said that Commissioner Hohman should
do his research like he has done. He said that BGSU should lose their accreditation. Jeff said he wants to
know when his previous questions will be answered which are: Who approved to pay the utility bills at
the Fire Training Center, will citizens be compensated for the water and soil testing, how much we are
paying attorneys, was grant money available for the Tillman property, and why the value of the water
plant increased drastically? He stated we should pay BGSU back their money and stop the nonsense.
Frank Patrizio stated that the valuation was off and may have included the 72 acres also. The auditor’s
office will re-assess the value.
Eva Silvers said that she was against the battery burning in the beginning and has taken a step back. She
thanked Officer Rodriquez saying no one should have to go to work and deal with that, just because they
can. She is an avid gun owner and 1st amendment supporter but there is also common courtesy and a
way to present yourself in how you walk in life without being vile. As far as battery burning, we have valid
testing results that we aren’t going to believe because they are attached to the EPA. Anyone with any kind
of background would know that only certain entities can test, and those tests are acceptable. She keeps
hearing and seeing people come to our community that are doing more harm to the community than
good. We say we want answers and we’ve paid for independent companies to test, and they say the
company was paid off. This is ludicrous. No company is going to risk their business. They say the water is
toxic but finds it is ironic that they wash dishes in the same water. She loves this community. She has a
problem with the fire training board because the city is going to give the board their information, but a
collective group of citizens say it’s not going to be viable. She suggested that they need to share their
information. She is a supporter of this community and has done clean ups. When a problem arose
instead of handling it like adults, it has become a big conspiracy theory. She said she is really tired of the
community being drug through the mud. Eva gave a shout out to Lora Kiser who contacted her and
wants to do a bike path clean up. It is catching on.

PIQUA CITY COMMISSION MEETING MINUTES | 6

ADJOURNMENT
A motion was made by Commissioner Vetter to adjourn the meeting. Commissioner Hohman seconded
the motion. The meeting adjourned at 7:45 pm.

PIQUA CITY COMMISSION MEETING MINUTES | 7

Q&A
Jeff Grimes:
•

Who approved to pay the utility bills at the Fire Training Center? Former Administration

•

Will citizens be compensated for the water and soil testing? No

•

How much we are paying attorneys? Ongoing litigation

•

Was grant money available for the Tillman property? Answered in 2/6/24 Q&A

Item # O-2-24

Commission Agenda
Staff Report
MEETING DATE April 16, 2024
An Amended Ordinance to make appropriations for the City of Piqua, Ohio,
REPORT TITLE for the year 2024
SUBMITTED BY

Name & Title: Jerald O’Brien, Finance Director
Department: Finance

AGENDA CLASSIFICATION

Consent

Ordinance

Resolution

Regular

City Manager
APPROVALS/REVIEWS
Law Director
Department Director
We are requesting a supplemental appropriation. This is due to changes
BACKGROUND
that were unforeseen at the time the original appropriation was completed.
BUDGETING AND Appropriations
FINANCIAL IMPACT $:
Source of Funds:

$114,889,333 Including Transfers
$89,607,225 Net of Transfers
Various

Narrative
OPTIONS

1.

Approve Ordinance No. O-2-24 accepting the Amended Ordinance to
make Appropriations for the City of Piqua for the Year 2024.

2.

Approve Ordinance No. O-2-24 accepting the Amended Ordinance to
make Appropriations for the City of Piqua for the Year 2024 with
changes being made to the amounts requested.

PROJECT TIMELINE
We are requesting approval of Ordinance No. O-2-24 accepting the
STAFF Amended Ordinance to make Appropriations for the City of Piqua for the
RECOMMENDATION year 2024.
REASON FOR SELECTING N/A
CONSULTANT/COMPANY
ATTACHMENTS

ORDINANCE NO. O-2-24
AN ORDINANCE TO MAKE APPROPRIATIONS FOR THE
CITY OF PIQUA, OHIO FOR THE YEAR 2024
BE IT ORDAINED by the Commission of the City of Piqua, Miami County,
Ohio, the majority of all members elected or appointed thereto concurring:
SEC. 1:

That there be appropriated from the GENERAL FUND (001)

ACCOUNT

2024
BUDGET

City Building
Operation and Maintenance
Capital Outlay (including labor)
Allocated Expenses

$269,509
$90,460
($20,430)

TOTAL

$339,539

City Commission
Personal Services/Administrative Support
Operation and Maintenance

$61,737
$40,681

TOTAL

$102,418

City Manager
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$302,063
$34,431
($246,213)

INCREASE
(DECREASE)

2024 REVISED
BUDGET
$269,509
$90,460
($20,430)
$0

$339,539
$61,737
$40,681

$0

$102,418
$302,063
$34,431
($246,213)

TOTAL

$90,281

Civil Service
Operation and Maintenance

$38,870

TOTAL

$38,870

$0

$38,870

Engineering
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$369,174
$207,624
($469,340)

$2,845

$372,019
$207,624
($469,340)

TOTAL

$107,458

$2,845

$110,303

Finance
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$746,836
$76,374
($569,497)

TOTAL

$253,713

Law
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$0
$128,984
($76,805)

TOTAL

$52,179

Income Tax
Personal Services/Administrative Support
Operation and Maintenance

$62,016
$460,770

TOTAL

$522,786

$0

Planning & Zoning
Personal Services/Administrative Support
Operation and Maintenance

$339,869
$83,436

$90,426

$430,295 New Director (Kyle Hinkelman)
$83,436

TOTAL

$423,305

$90,426

$513,731

General Government
Operation and Maintenance
Capital Outlay (including labor)

$725,715
$500,000

$0

$38,870

New Director (Kyle Hinkelman)

$746,836
$76,374
($569,497)
$0

$253,713
$0
$128,984
($76,805)

$0

$52,179
$62,016
$460,770
$522,786

$725,715
$500,000

TOTAL

$1,225,715

$0

Human Resources
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$371,751
$71,640
($384,741)

$10,238

TOTAL

$90,281

$58,650

$10,238

Public Relations
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses

$267,650
$60,708
($194,191)

($28,742)
$30,000

TOTAL

$134,167

$1,258

$1,225,715
$371,751
$81,878 6,000 Events
($384,741)

1238 Card Lanyard

$68,888
$238,908 PR Coordinator vacant Feb-March
$90,708 Branding Initiative, Video Work
($194,191)
$135,425

3000 HR Firm

Ord. No. O-2-24
Page 2 of 6

2024
BUDGET

Facilities
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses
TOTAL

2024 REVISED
BUDGET

$126,289
$1,500
($127,789)
$0

Purchasing
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses
TOTAL

$126,289
$1,500
($127,789)
$0

$251,840
$19,758
($259,592)
$12,006

$0
$251,840
$19,758
($259,592)

$0

$12,006

Transfers
Transfer to Parks Fund 105
Transfer to Safety Fund 106
Transfer to Forest Hill Mausoleum Fund 110
Transfer to Pro Piqua Fund 128
Transfer to Golf 409
Transfer to Fort Piqua Plaza 410

$1,000,000
$3,550,000
$25,000
$60,000
$225,000
$300,000

$125,000

$1,000,000
$3,550,000
$25,000
$60,000
$225,000
$425,000 Transfer for Library Basement

TOTAL

$5,160,000

$125,000

$5,285,000

TOTAL GENERAL FUND

$8,521,087

$229,767

$8,750,854

SEC. 2:

That there be appropriated from the STREET DEPARTMENT FUND (101)

Personal Services/Administrative Support
Operation and Maintenance
Capital Outlay (including labor)

$1,493,267
$1,744,816
$500,000

TOTAL

$3,738,083

SEC. 3:

$1,493,267
$1,744,816
$500,000
$0

$3,738,083

That there be appropriated from the STATE HIGHWAY FUND (102)

Operation and Maintenance

$89,500

TOTAL

$89,500

$0

Operation and Maintenance
Capital Outlay (including labor)

$2,367,183
$1,821,250

$67,000

$2,367,183
$1,888,250 Addition to Lock 9

TOTAL

$4,188,433

$67,000

$4,255,433

SEC. 4:

SEC. 5:

$89,500
$89,500

That there be appropriated from the STREET INCOME TAX FUND (103)

That there be appropriated from the NEIGHBORHOOD
IMPROVEMENT PROGRAM FUND (104)

Personal Services/Administrative Support
Operation and Maintenance

$0
$69,300

TOTAL

$69,300

SEC. 6:
That there be appropriated from the PARK AND RECREATION FUND (105)
Personal Services/Administrative Support
Operation and Maintenance
Capital Outlay (including labor)

$768,536
$620,619
$122,000

TOTAL

$0
$69,300
$0

$69,300
$768,536
$620,619
$122,000

$1,511,155

$0

009 Fire Department
Personal Services/Administrative Support
Operation and Maintenance
Capital Outlay (including labor)

$4,888,780
$979,353
$6,500

$56,856

$4,945,636 Safety Director (Rick Byron)
$979,353
$6,500

TOTAL

$5,874,633

$56,856

$5,931,489

014 Police Department
Personal Services/Administrative Support
Operation and Maintenance
Capital Outlay (including labor)

$5,896,026
$931,417
$239,104

($32,727)
($6,653)
$6,653

$5,863,299 Safety Director (Rcik Byron), Moved to Fire less his increase in pay that was not originally budgeted
$924,764 -13208, 6555
Cruisers budgeted and paid differently by division
$245,757

TOTAL

$7,066,547

($32,727)

$7,033,820

TOTAL PUBLIC SAFETY

$12,941,180

$24,129

$12,965,309

SEC. 7:

SEC. 8:

$1,511,155

That there be appropriated from the PUBLIC SAFETY FUND (106)

That there be appropriated from the D.U.I. EDUCATIONAL FUND (109)

Operation & Maintenance

$11,000

TOTAL

$11,000

$11,000
$0

$11,000

Ord. No. O-2-24
Page 3 of 6
SEC. 9:

That there be appropriated from the FOREST HILL MAUSOLEUM FUND (110)

2024
BUDGET

2024 REVISED
BUDGET

Operation & Maintenance

$25,000

TOTAL

$25,000

SEC. 10:

$4,400

TOTAL

$4,400

$555

TOTAL

$555

$40,000

TOTAL

$40,000

$125,875

TOTAL

$125,875

$334,550

TOTAL

$334,550

$40,000
$0

$40,000

$125,875
$0

$125,875

$334,550
$0

$334,550

That there be appropriated from the C.H.I.P. PROGRAM INCOME
FUND (119)

Operation and Maintenance

$156,500

TOTAL

$156,500

SEC. 16:

$555

That there be appropriated from the CDBG-CV FUND (118)

Operation and Maintenance

SEC. 15:

$555
$0

That there be appropriated from the CHIP FUND (117)

Operation and Maintenance

SEC. 14:

$4,400

That there be appropriated from the ONEOHIO OPIOID SETTLEMENT FUND (113)

Operation and Maintenance

SEC. 13:

$4,400
$0

That there be appropriated from the SCARBROUGH TIF FUND (112)

Operation and Maintenance

SEC. 12:

$25,000

That there be appropriated from the MANDATORY DRUG FINE FUND (111)

Operation and Maintenance

SEC. 11:

$25,000
$0

$156,500
$0

$156,500

That there be appropriated from the COMMUNITY DEVELOPMENT
BLOCK GRANT FUND (122)

Operation and Maintenance

$140,000

TOTAL

$140,000

$0

Personal Services/Administrative Support

$300,000

$89,760

$389,760 Workers Comp Ins Rate Increase

TOTAL

$300,000

$89,760

$389,760

SEC. 17:

SEC. 18:

$140,000
$140,000

That there be appropriated from the WORKER'S COMP FUND (124)

That there be appropriated from the INSURANCE RESERVE FUND (125)

Operation & Maintenance

$518,325

TOTAL

$518,325

$0

Operation & Maintenance

$75,000

$25,000

$100,000 Demolition Defense Funds

TOTAL

$75,000

$25,000

$100,000

SEC. 19:

SEC. 20:

That there be appropriated from the SMALL BUSINESS GRANT FUND (127)
$159,860

TOTAL

$159,860

$159,860
$0

$159,860

That there be appropriated from the PRO PIQUA (128)

Operation and Maintenance

$60,000

TOTAL

$60,000

SEC. 22:

$518,325

That there be appropriated from the DEMOLITION DEFENSE FUND (126)

Operation and Maintenance

SEC. 21:

$518,325

$60,000
$0

$60,000

That there be appropriated from the REVOLVING LOAN FUND (130)

Operation and Maintenance

$13,200

TOTAL

$13,200

$13,200
$0

$13,200

Ord. No. O-2-24
Page 4 of 6
SEC. 23:

2024
BUDGET

2024 REVISED
BUDGET

That there be appropriated from the COMMUNITY DEVELOPMENT
FUND (135)

Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses
TOTAL

$420,854
$115,965
($536,819)
$0

$420,854
$115,965
($536,819)
$0

$0

SEC. 24:

That there be appropriated from the AGRICULTURAL
REVOLVING LOAN FUND (142)
Personal Services/Administrative Support
Operation and Maintenance

$500
$45,000

TOTAL

$45,500

SEC. 25:

$0

$45,500

That there be appropriated from the ECONOMIC DEVELOPMENT
REVOLVING LOAN FUND (144)

Operation and Maintenance

$200,000

TOTAL

$200,000

SEC. 26:

$500
$45,000

$200,000
$0

$200,000

That there be appropriated from the SPECIAL ASSESSMENT DEBT
SERVICE FUND (202)

Operation and Maintenance

$2,000

TOTAL

$2,000

$2,000
$0

$2,000

SEC. 27:

That there be appropriated from the OPWC WASTEWATER LIFT STATIONS
DEBT SERVICE FUND (210)
Non Government/Transfers/Refunds

$33,419

TOTAL

$33,419

SEC. 28:

$184,126

TOTAL

$184,126

$295,246

TOTAL

$295,246

$2,303,440

TOTAL

$2,303,440

$2,233,450

TOTAL

$2,233,450

$177,568

TOTAL

$177,568

$2,303,440
$0

$2,303,440

$2,233,450
$0

$2,233,450

$177,568
$0

$177,568

That there be appropriated from the SHAWNEE STORMWATER PROJECT
DEBT SERVICE FUND (261)

Non Government/Transfers/Refunds

$3,278

TOTAL

$3,278

SEC. 34:

$295,246

That there be appropriated from the OWDA WATER TOWER DEBT
SERVICE FUND (258)

Non Government/Transfers/Refunds

SEC. 33:

$295,246
$0

That there be appropriated from the WASTEWATER PLANT ENGINEERING
DEBT SERVICE FUND (257)

Non Government/Transfers/Refunds

SEC. 32:

$184,126

That there be appropriated from the WATER PLANT OWDA DEBT
SERVICE FUND (256)

Non Government/Transfers/Refunds

SEC. 31:

$184,126
$0

That there be appropriated from the EQUALIZATION TANK '08 NOTE
(OWDA) DEBT SERVICE FUND (254)

Non Government/Transfers/Refunds

SEC. 30:

$33,419

That there be appropriated from the OFFSITE PIPELINE
(OWDA) DEBT SERVICE FUND (250)

Non Government/Transfers/Refunds

SEC. 29:

$33,419
$0

$3,278
$0

$3,278

That there be appropriated from the NONTAX REVENUE BONDS '23
DEBT SERVICE FUND (263)

Non Government/Transfers/Refunds

$146,157

TOTAL

$146,157

$146,157
$0

$146,157

Ord. No. O-2-24
Page 5 of 6
SEC. 35:

2024
BUDGET

2024 REVISED
BUDGET

That there be appropriated from the LOCK 9 PARK IMPROVEMENTS FUND (342)

Operation and Maintenance
Capital Outlay (including labor)
Non Government/Transfers/Refunds

$20,000
$6,900
$226,729

$327,337

$20,000
$334,237 Change Orders to Lock 9 Project (Restrooms, Railings, Wall Removal)
$226,729

TOTAL

$253,629

$327,337

$580,966

Operation and Maintenance

$22,152

$580,000

$602,152 10,000 Utilities

TOTAL

$22,152

$580,000

$602,152

SEC. 36:

SEC. 37:

That there be appropriated from the SCOTT DR REDEVELOPMENT FUND (343)

That there be appropriated from the POWER SYSTEM FUND (401)

Personal Services/Administrative Support
Operation and Maintenance
Capital Outlay (including labor)
Overhead Transfers

$2,561,459
$31,624,879
$2,161,075
($175,000)

TOTAL

$36,172,413

SEC. 38:

$1,573,923
$3,212,592
$910,833
$2,665,134

TOTAL

$8,362,482

$1,717,308
$1,924,959
$747,500
$2,562,115

TOTAL

$6,951,882

$36,172,413

$1,573,923
$3,212,592
$910,833
$2,665,134
$0

$8,362,482

$1,717,308
$1,924,959
$747,500
$2,562,115
$0

$6,951,882

That there be appropriated from the GARBAGE AND REFUSE FUND (405)

Personal Services/Administrative Support
Operation and Maintenance

$860,048
$1,391,251

TOTAL

$2,251,299

SEC. 41:

$0

That there be appropriated from the WASTEWATER SYSTEM FUND (404)

Personal Services/Administrative Support
Operation and Maintenance
Capital Outlay (including labor)
Non Government/Transfers/Refunds

SEC. 40:

$2,561,459
$31,624,879
$2,161,075 Artisan Alley
($175,000)

That there be appropriated from the WATER SYSTEM FUND (403)

Personal Services/Administrative Support
Operation and Maintenance
Capital Outlay (including labor)
Non Government/Transfers/Refunds

SEC. 39:

$860,048
$1,391,251
$0

$2,251,299

$14,800,000

That there be appropriated from the CITY INCOME TAX
ADMINISTRATION FUND (407)

Non Government/Transfers/Refunds

$14,800,000

TOTAL

$14,800,000

$0

$291,166
$757,211

($40,545)
$167,000

$1,048,377

$126,455

Operation and Maintenance
Capital Outlay (including labor)

$1,002,655
$23,000

($14,000)
$14,000

TOTAL

$1,025,655

$0

Operation & Maintenance
Capital (including labor)

$544,416
$1,370,000

$125,000

$669,416 Library Basement
$1,370,000

TOTAL

$1,914,416

$125,000

$2,039,416

SEC. 42:

TOTAL

SEC. 44:

$250,621 Chris J.
$924,211 117,000 Avero

50,000 Debt Book and Civic Plus

$1,174,832

That there be appropriated from the GOLF COURSE FUND (409)
$988,655 Golf Carts Capitalized instead of Expensed
$37,000
$1,025,655

That there be appropriated from the FORT PIQUA PLAZA FUND (410)

SEC. 45:
That there be appropriated from the STORMWATER UTILITY FUND (411)
Personal Services/Administrative Support
Operation and Maintenance
Capital Outlay (including labor)
Non Government/Transfers/Refunds
TOTAL

$14,800,000

That there be appropriated from the INFORMATION TECHNOLOGY
FUND (408)

Personal Services/Administrative Support
Operation and Maintenance

SEC. 43:

550,000 Demo

$289,812
$619,548
$417,250
$3,278
$1,329,888

$289,812
$619,548
$417,250 Artisan Alley
$3,278
$0

$1,329,888

20,000 Legal Fees

Ord. No. O-2-24
Page 6 of 6

2024
BUDGET

2024 REVISED
BUDGET
General Fund
Streets

SEC. 46:

That there be appropriated from the UTILITIES BUSINESS OFFICE
FUND (413)
Personal Services/Administrative Support
Operation and Maintenance
Allocated Expenses
TOTAL

.

$672,623
$590,558
($1,263,181)
$0

SEC. 47:
That there be appropriated from the UNCLAIMED TRUST (606)
Non Government/Transfers/Refunds

$2,000

TOTAL

$2,000

SEC. 48:
That there be appropriated from the LAW ENFORCEMENT TRUST (609)
Operation and Maintenance

$50,000

TOTAL

$50,000

SEC. 49:
That there be appropriated from the CONSERVANCY FUND (611)
Operation and Maintenance

$58,505

TOTAL

$58,505

$672,623
$590,558
($1,263,181)
$0

$0
$2,000

$0

$2,000
$50,000

$0

$50,000

$155,000

TOTAL

$155,000

SEC. 51:
Administrative Support

That there be appropriated from the EMPLOYEE FLEXIBLE SPENDING
FUND (615)

TOTAL

$58,505

SEC. 52:
That the sum appropriated are actual expenditures for goods and services or other government
functions performed in the calendar year 2024. Future commitments representing encumbrances of fund balance or
future receipts will be appropriated in the future year when those services or goods are rendered to the city.
SEC. 53:
That the sums expended from the appropriations and which are proper charges against any other
department or against any person, firm or corporation which are repaid with the period covered by such appropriations
shall be considered reappropriated for such original purposes; provided, that the net total of expenditures under any
item of said appropriations shall not exceed the amount of the item.
SEC. 54:
That the Director of Finance is hereby authorized and directed to draw her warrant upon the City
Treasury for the amounts appropriated in this order when claims are properly presented and approved, the same to be
chargeable to the appropriations for the year 2024 when passed and legally contracted for in conformity by law.
SEC. 55:
That the Finance Director at the discretion of the City Manager make temporary advances from the
General Fund to any Fund to cover temporary shortages of cash until revenues or permanent transfers become
available to repay that temporary advance. That these advances may not exceed $1,000,000 in the aggregate nor
extend past December 31, 2024; except those that are to be reimbursed by federal, state or other grant programs that
were previously approved by this Commission.
SEC. 56:

That all ordinances, or parts of ordinances, inconsistent with this ordinance be and they are hereby

repealed.

KRIS LEE, MAYOR
PASSED:

ATTEST:

CLERK OF COMMISSION

The Motion to adopt the foregoing Ordinance was offered by _____________________________________,
seconded by _____________________________________, and on roll call the following vote ensued:
Mayor Kris Lee

________________

Commissioner Thomas Hohman

________________

Commissioner James Vetter

________________

Commissioner Paul Simmons

________________

Commissioner Frank DeBrosse

________________

$155,000
$0

$250,000
$250,000

Golf
Debt Service Funds
Internal Service
Special Revenue Fund
Capital Project Fund
Income Tax
Grants
Net of Transfers

$25,682,034
$7,993,516
$36,174,413
$8,362,482
$6,951,882
$1,329,888
$2,251,299
$1,025,655
$5,343,265
$2,237,917
$130,055
$1,183,118
$14,800,000
$1,423,809
$114,889,333
($25,282,108)
$89,607,225

$58,505
$0

SEC. 50:

That there be appropriated from the CITY HEALTH INSURANCE
FUND (614)
Operation and Maintenance

Electric
Water
WW
SW
Sanitation

$155,000

$250,000
$0

$250,000

$20.4
$4.9
$6.80
$35.40
$9.80
$1.50
$2.40
$12.20
$0.90
$5.20
$2.00
$101.5

Item # O-3-24

Commission Agenda
Staff Report
MEETING DATE
REPORT TITLE
SUBMITTED BY

April 16, 2024
An ordinance to adopt Chapter 99: Piqua Historic Preservation Ordinance
Name & Title: Kyle Hinkelman, Community Services Director
Department: Community Services Department

AGENDA CLASSIFICATION

Consent

City Manager
Asst. City Manager/Development
Department Director

APPROVALS/REVIEWS

BACKGROUND

Ordinance

Resolution

Regular

Asst. City Manager/Finance
Law Director
Other:

This Ordinance creates a new Ordinance – Chapter 99: Piqua Historic
Preservation Ordinance. The Planning Commission recommend approval in a
5-0 vote on April 10, 2024.
The creation of this Ordinance furthers the goal of the City of Piqua to become a
Certified Local Government (CLG). Working with the State Historic Preservation
Office (SHPO), this language was crafted to meet the requirements from SHPO
to become a CLG. The Ordinance does three main things – 1. Creates a new
consolidated boundary line for the Piqua Historic District, 2. Creates a process
and procedures for review of landmark designations and Certificates of
Appropriateness within the District and for landmarked structures, and 3.
Creates a separate City Historic Review Commission (CHRC).

Budgeted $:
BUDGETING AND
FINANCIAL IMPACT Expenditure $:
Source of Funds:
Narrative:
OPTIONS

N/A
N/A
N/A
N/A

1.

Approve of the adoption of the ordinance.

2.

Disapprove of the adoption of the ordinance.

th
st
PROJECT TIMELINE April 16 – 1 Reading
May 7th – 2nd Reading

May 21st – 3rd Reading / Approval
STAFF Approve the proposed Ordinance.
RECOMMENDATION
REASON FOR SELECTING N/A
CONSULTANT/COMPANY

ATTACHMENTS Chapter 99: Piqua Historic Preservation Ordinance, Exhibit A: Boundary
Map, Exhibit B: Piqua Historic Registry

ORDINANCE NO. O-3-24
AN ORDINANCE TO ADOPT CHAPTER 99: PIQUA HISTORIC PRESERVATION ORDINANCE
WHEREAS, the City of Piqua, Ohio, has a desire to protect and preserve the historical
character of the city and to become a Certified Local Government (CLG) as designated by
the State Historic Preservation Office (SHPO); and,
WHEREAS, the Planning Commission has recommended in a 5-0 vote to adopt Chapter 99:
Piqua Historic Preservation Ordinance, including all content described within Exhibit A; and,
BE IT ORDAINED by the Commission of the City of Piqua, Miami County, Ohio, the majority
of all members elected and appointed thereto concurring, that:
SEC. 1:

Chapter 99: Piqua Historic Preservation Ordinance is hereby adopted,
to include all content described within Exhibit A.

SEC. 2:

This Ordinance shall take effect and be in force from and after the
earliest period allowed by law.

1st Reading – 4/16/2024
2nd Reading – 5/7/2024
3rd Reading – 5/21/2024

_________________________________
KRIS LEE, MAYOR
PASSED: _____________________________
ATTEST: ______________________________
MELISSA KINNEY
CLERK OF COMMISSION
The Motion to adopt the foregoing Ordinance was offered by ______________________________,
seconded by ____________________________________, and on roll call the following vote ensued:
Mayor Kris Lee
Commissioner James Vetter
Commissioner Frank DeBrosse
Commissioner Thomas Hohman
Commissioner Paul Simmons

____________
____________
____________
____________
____________

CHAPTER 99:

PIQUA HISTORIC PRESERVATION ORDINANCE

Section 99.01

Introduction

Section 99.02

Purpose

Section 99.03

Definitions

Section 99.04

District Boundaries / Current Landmarks

Section 99.05

Commission

Section 99.06

Process

Section 99.07

Criteria for demolition or relocation of a structure

Section 99.08

Modifications

Section 99.09

Demolition by Neglect

Section 99.10

Accidental Damage

Section 99.11

Enforcement and Penalties

Section 99.12

Severability

§ 99.01

INTRODUCTION

The City of Piqua has a rich history dating back to its Native American roots. The name
Piqua is derived from a Native American word meaning “man who arose from the
ashes” or “ashes to ashes”. The area was inhabited by various indigenous tribes,
including the Shawnee, Miami, and Delaware.
Fort Piqua was established in 1793 by General Anthony Wayne during the Northwest
Indian War, and the City of Piqua was founded in 1807 and incorporated in 1823.
Piqua's early industry was successful due to its location along the Miami River, which
provided power for mills and other industries. The city became known for its
manufacturing, including paper mills, foundries, and agricultural equipment.
The construction of the Miami and Erie Canal in the 1830’s further stimulated Piqua's
economy by providing a transportation route for goods and people. The canal
connected Piqua to other major cities in Ohio and beyond.
Piqua was a center of abolitionist activity in the mid-19th century. The town was a stop
on the Underground Railroad, and many residents were involved in the anti-slavery
movement.

Piqua boasts several historic structures and landmarks that are still standing today,
including the Fort Piqua Plaza, which now houses a library and meeting spaces. The
Johnston Farm & Indian Agency provides insight into the area's early history and the
interactions between Native Americans and European settlers, as well as many others
on the National Register of Historic Places.
The Caldwell Historic District was listed on the National Register of Historic Places in
1985 and includes portions of North Main Street, Wayne Street, Downing Street,
Caldwell Street, West Ash Street, Greene Street, North Street, Mound Street, and Park
Avenue.
These areas contribute tremendously to the vibrancy of the downtown area, which is
why the City has made significant efforts to preserve their historical character, including
applying to be a Certified Local Government (CLG) with the State of Ohio, and
establishing these local guidelines and standards for renovation, rehabilitation, and
demolition.
The CLG program is a federal, state, and local partnership that promotes the
preservation of local historic resources by providing assistance to local communities
including funding (i.e., matching grants program) that can be used for a variety of
preservation projects. To become a CLG, the city must have the following:
•
•
•

•

A qualified commission of at least five members who designate historic properties
and review proposed changes to the historic environment;
An ordinance designed to protect historic resources and offer guidance to those
wishing to make changes to historic buildings, sites, and districts;
A procedure for identifying historic properties by which they can be surveyed and
recorded, designated locally, and nominated to the National Register of Historic
Places; and
A public participation program which invites and encourages citizens to
participate in the community's historic preservation program.

§ 99.02

PURPOSE

The Piqua Historic Registry (“Registry”) and the Piqua Historic District (the “District”)
shall be established by ordinance of the City Commission. The District shall include two
primary area designations – the Piqua-Caldwell Historic District, a previously designated
and authorized place on the National Historic Register and the Downtown Piqua Historic
District. The Registry shall include the District and locally designated landmarks.
New construction, renovation, rehabilitation, and even maintenance of a structure within
a historic district have so many variables that it is almost impossible to apply a strict set
of standards to all structures. Each structure may have been built for a different
purpose, in a different era, and/or with a different architectural style or theme that may
vary greatly from an adjacent structure or one that is in the same neighborhood but just

down the street. The purpose of this document is to provide a framework of design
guidelines that the City Historic Review Commission (CHRC) and staff can use when
reviewing an application for a Certificate of Appropriateness (COA), discussed later in
this document. These guidelines are not a substitute for any standards found in
applicable building or fire codes, or for those standards found in the City of Piqua
Development Code (Title XV).
Landmark Structures may also be subsequently added to the District registry by the
CHRC and this document creates an approval process and standards for authorization.
§ 99.03
1.
2.

3.
4.
5.

6.
7.

8.
9.
10.

DEFINITIONS
Archaeology / Archaeological site - is a location that contains physical
evidence of past human behavior that allows for its interpretation.
Alteration - Any act or process that changes one or more of the exterior
architecture features of a building or structure, including but not limited to
the erection, construction, reconstruction, or removal of the building or
structure
Addition - Any act or process that changes one or more of the exterior
architectural features of a building or structure by adding to, joining with or
increasing the size or capacity of the building or structure.
Building - Any structure created for the support, shelter or enclosure of
persons, animals, or property of any kind and which is permanently affixed
to the land.
Certificate of Appropriateness - A certificate issued by the CHRC
indicating that a proposed change, alteration or demolition of a historic
building or structure or within a historic site or district, is in accordance
with the provisions of this chapter and local design guidelines.
Change - Any alteration, demolition, removal or construction involving any
property subject to the provisions of this chapter.
CHRC – City Historic Review Commission. The body who is empowered
to review and approve landmark designations and certificates of
appropriateness for historic structures and sites within designated
boundaries in the City of Piqua.
Construction - The act of constructing an addition to an existing structure
or the erection of a new principal or accessory structure on a lot or
property.
Demolition - Any act or process that destroys in part or in whole any
building or structure.
Demolition by Neglect - Any failure in the maintenance and repair of any
site or structure within any historic district that results in any of the
following conditions:
a.
The deterioration of the foundation, exterior wall, roof, chimney,
door or window, to an extent that creates or permits a hazardous
condition to exist; or

b.

11.
12.

13.

14.
15.
16.

17.

18.

19.

The deterioration of the foundation, exterior wall, roof, chimney,
door or window, the lack of adequate waterproofing, or the
deterioration of interior features which will or could result in
permanent damage, injury, or loss of the foundations, exterior wall,
roof, chimney, door or window of the structure.
Historic District - Any area designated by ordinance of the City which
may contain within definable geographic boundaries, buildings, structures
or sites of historic, architectural or archaeological significance
Historic Structure - Any building or structure which has historic,
architectural or archaeological significance and has been so designated
according to the provisions of this chapter. The significance of a property
to the history, architecture, archaeology, engineering, or culture of a
community, state, or the nation. It may be achieved in several ways:
•
Association with broad pattern of our history, events, activities, or
patterns
•
Association with important persons
•
Distinctive physical characteristics of design, construction, or form
•
Potential to yield information important in history or prehistory
(archaeology)
Landmark - Any building, structure or archaeological site that has been
designated as a "landmark" by the City of Piqua or the CHRC, pursuant to
procedures proscribed herein, that is worthy of preservation, restoration or
rehabilitation because of its historic, architectural or archaeological
significance. This may or may not be recorded within the National
Register of Historic Places.
Owner - the owner or owners of record
Preservation - The act or process of applying measures necessary to
sustain the existing form, integrity and materials of an historic property.
Reconstruction - The act or process of depicting, by means of new
construction, the form, features, and detailing of a non-surviving site,
landscape, building, structure or object for the purpose of replicating its
appearance at a specific period of time and in its historic location.
Rehabilitation - The act or process of making possible a compatible use
for a property through repair, alterations, and additions while preserving
those portions or features, which convey its historical, cultural, or
architectural values.
Restoration - The act or process of accurately depicting the form,
features, and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in its
history and reconstruction of missing features from the restoration period.
The limited and sensitive upgrading of mechanical, electrical, and
plumbing systems and other code required work to make properties
functional is appropriate within a restoration project.
State Historic Preservation Office (SHPO) –The official historic
preservation agency of the State of Ohio.

§ 99.04
A.

DISTRICT BOUNDARIES / CURRENT LANDMARKS
The boundary of the Piqua Historic District shall consist of two separate
sub-areas – the Caldwell Historic District and the Downtown Historic
District. A map of said boundaries shall be attached to the approved
Ordinance as Exhibit A. These boundaries shall be considered and
documented as a zoning overlay district with additional regulations as
noted within Chapter 99. Those boundaries generally include the
following roadways:
•
•
•
•

B.

N. Main Street – Wood Street to Riverside Drive;
N. Wayne Street – Water Street to Riverside Drive;
N. Downing Street – Water Street to Park Avenue;
Caldwell Street – High Street to Camp Street.

Current designated areas and landmarks on the National Register of
Historic Places or are designed as local landmarks approved by the
CHRC within the City of Piqua which may or may not be located within the
Piqua Historic District but are regulated by Chapter 99 are noted below.
Additional local landmarks may be added by the CHRC per the process
noted in § 99.06 and will be added to Exhibit B attached to this Ordinance.
Buildings / Structures
1.
Fort Piqua Plaza. 114 W. Main Street, Piqua, OH 45356
•
Added 2/15/1974
•
National Historic Register - Reference #74001576
2.
Arrowston. 1220 Park Avenue, Piqua, OH 45356
•
Added 2/8/1980
•
National Historic Register - Reference #8003162
3.
Old Piqua High School. 316 N. College Street, Piqua, OH 45356
•
Added 8/22/1996
•
National Historic Register - Reference #96000927
4.
Zollinger Building. 101 S. Wayne Street, Piqua, OH 45356
•
Added 12/15/2015
•
National Historic Register - Reference #15000903
Historic Districts
5.

§ 99.05

Piqua – Caldwell Historic District. Defined Boundary.
•
Added 1/11/1985
•
National Historic Register - Reference #71000646

COMMISSION

A.

Established / Membership. The City Historic Review Commission
(CHRC) is established and membership is defined under § 32.110, and
shall follow all requirements of that section of this Code.

B.

Powers. The CHRC shall determine the appropriateness of the
application of any property owner regarding the demolition, construction,
preservation, restoration, rehabilitation of any home, commercial
establishment or other structure, or new construction within the Piqua
Historical District and to ensure that work conforms to the City’s historic
preservation goals and the guidance provided by the The Secretary of the
Interior's Standards for the Treatment of Historic Properties with
Guidelines for Preserving Rehabilitating, Restoring & Reconstructing
Historic Buildings, 2017 (see https://www.nps.gov/tps/standards.htm).
Minor work, as delegated by the CHRC, is approved by the Community
Services Director following the policy guidance of the CHRC. The CHRC
shall also be empowered to designate local landmarks within the City of
Piqua.

§ 99.06

PROCESS

A.

The CHRC shall review and have final approval authority over two types of
applications – Landmark Designation Requests and Certificates of
Appropriateness. Reviews for designation as a local landmark may occur
outside of the boundaries of the Piqua Historic District, but once approved,
all applicable regulations within Chapter 99 will become effective on the
property.

B.

Application Initiation. Any person, firm, corporation or agency may
submit an application to the CHRC, provided they are the owner or the
owner’s representative of the property for which the application is being
submitted.

C.

Landmark / District Designation.
1.
Designation General Review Criteria. To consider the
designation of any area, property, or site as a historic district or
local landmark in the Piqua Historic registry, the CHRC shall apply
the criteria below. A property is not required to be located within
the boundaries of the Piqua Historic District to be considered for
local landmark designation.
a.
Its character, interest or value as part of the development,
heritage or cultural characteristics of the city, state or nation;
b.
Its location as a site of a significant historic event;
c.
Its identification with a person significant in our past;
d.
Its exemplification of the cultural, economic or social heritage
of the city, state or nation;

e.

2.

D.

It portrayal of a group of people in an era of history,
characterized by a distinctive architectural style;
f.
Its embodiment of distinguishing characteristics of a building
type or architectural style;
g.
Its embodiment of elements of architectural design, detail,
materials or craftsmanship, which represent a significant
architectural innovation;
h.
Its identification as the work of an architect or master builder
who work has influenced the city, state or nation; and/or
i.
Its potential to yield information important in prehistory or
history (archaeology).
Registry. A digital registry of structures and locations will be
managed by the Community Services Department, which will be
publicly available for review through the City of Piqua GIS portal.
a.
A. The CHRC shall work to conduct a continuing survey of
cultural resources in the community according to guidelines
established by SHPO.
b.
Properties listed on the Piqua Historic Registry and
designated as local landmarks are required to meet all
obligations, standards, and requirements of this Ordinance,
even if they are not within the boundaries of the Piqua
Historic District.

Certificate of Appropriateness
1.
General Review Criteria. Proposals must be approved where the
applicant is found to have made a good-faith effort to match historic
features with suitable materials and has achieved the stated goals
of the CHRC and the spirit and intent of the Secretary of the
Interior’s Standards and Guidelines.
a.
Materials that would have been used in historic construction
are encouraged and may be required to preserve significant
features. In some cases, modern materials exist which are
able to perform better in the weather and area not noticeably
different viewed from public right-of-way. These modern
equivalents may also be approved where the CHRC has
found their use appropriate and in fulfillment of preservation
goals.
b.
The CHRC and Community Services Director or his/her
designee have the authority to make minor adjustments to
the design standards of the City of Piqua Development Code
(Title XV) for any Piqua Historic District property where the
adjustment will achieve goals of historic preservation as

2.

3.

4.

outlined by the Secretary of the Interior’s Standards and
Guidelines.
Certificate of Appropriateness is required before any change of
any property within the district, including any demolition,
construction, reconstruction, or restoration of the exterior of a
building; placement of new landscaping; erection of new signs: and
any material alteration in landscaping, signage, exterior color, or
external architectural features, may occur on any property
registered within the Piqua Historic District. Any gradual change of
a structure constituting a significant modification must also receive
a Certificate of Appropriateness to achieve compliance.
A Certificate of Appropriateness is not required for the following:
a.
The ordinary maintenance or repair of any property that does
not involve a change in design, material, color, signage or
outer appearance. This includes in-kind replacement of
existing windows or doors;
b.
Any change that the Miami County Building Official
determines to be required for public safety because of an
unsafe condition;
c.
Interior arrangements within a building; and
d.
Where a building has been compromised and must be
temporarily secured. For example, a broken window must be
boarded or patched, or a temporary door installed until a
compliant door may be found. A Certificate of
Appropriateness for changes made for temporary security
must be sought within 30 days of any modification.
The Community Services Director or his/her designee has the
authority to review and approve minor work in the Piqua Historic
District. Minor work approvals will be reported to the CHRC and
includes:
a.
Any modification to an existing structure, previously
designated as not historically significant by the CHRC, that
the Community Services Director or his/her designee deems
to have no impact on any surrounding historically significant
structure. Modifications must be found by the Community
Services Director to be reasonably fitting with the character
of the Piqua Historic District.
b.
The construction of a new structure on a property within the
Piqua Historic District. To qualify as minor work, the new
construction must meet all standards of the City of Piqua
Development Code without any variance.
c.
Repainting of previously painted surfaces. Applicants are
encouraged to select from historic color palettes appropriate

5.
6.
7.
8.

to the era of the Historic District. Applicants are required to
use their painting choices to highlight architectural features
of a building with use of accent colors and to avoid using the
same color over all surfaces of a facade. Applicants are
encouraged to select paint colors that do not match those of
neighboring structures. The Development Director may not
approve any fluorescent paint color as minor work;
d.
In-kind repair or replacement of existing siding, doors,
windows, roofs, gutters and downspouts. The Community
Services Director may not approve any deviation from the
materials or appearance of any significant architectural
feature;
e.
Installation of, or changes to, off-street parking and loading,
including curb cuts;
f.
Repair of exterior surfaces such as caulking, masonry
repainting, and nonabrasive cleaning;
g.
Replacement, removal or installation of fencing;
h.
The removal of structures or additions previously designated
by the CHRC as not historically significant;
i.
The installation of signs that meet all standards of the City of
Piqua Development Code (Title XV) without any variance
unless otherwise stated to require CHRC review; and
j.
Temporary installation of lights, art displays, signs or
decorations for a period of less than 60 consecutive days.
It is recommended that applicants within the Piqua Historic District
contact the City to verify a Certificate of Appropriateness is not
required before proceeding with any work.
Certificate Revisions. Minor revisions to an approved Certificate
of Appropriateness may be approved by the Community Services
Director following review consistent with this Ordinance.
Certificate Expiration. An application submitted for a Certificate of
Appropriateness will expire if there is no activity within 60 days of
the issuance of the Certificate.
Validity. A Certificate of Appropriateness remains valid for 180
calendar days. Construction of the change must be completed
before the expiration of the issued Certificate of Appropriateness.
The Community Services Director is authorized to grant, in writing,
an extension of a Certificate of Appropriateness for a period not
more than 180 calendar days. When requesting an extension of a
Certificate of Appropriateness, the applicant must provide the
Department with a letter stating the reason for the delay of project
completion. In no case will a Certificate of Appropriateness remain
valid for more than 12 months. Projects associated with expired

certificates must submit a new Certificate of Appropriateness
application and may be subject to denial.
E. Alternative Equivalent Compliance. Alternative equivalent compliance
is a procedure that allows an applicant for a COA, and other limited
applications, to propose unique design options, new materials, or new
technologies, as an alternative to a standard or guideline established in
the City of Piqua Development Code provided it meets or exceeds the
intent of the design-related provisions. It is not a variance, waiver or
weakening of regulations; rather, this procedure permits an applicant to
suggest an alternative approach that is very specific to the project and that
is equal to or better than the strict application of a specific standard or
guideline. An approval of an alternative equivalent compliance shall apply
only to the specific site for which it is requested and does not establish a
precedent for assured approval of other requests.
An alternative equivalent compliance application can be obtained at the
Community Services Department. The application shall be reviewed
simultaneously with the COA application with the CHRC having the
authority to make a decision on both applications.
Decisions on an alternative equivalent compliance application shall be
based on consideration of the review criteria summarized as follows:
1.

The proposed alternative achieves the intent of the subject
standard or guideline to the same or better degree than the subject
standard or guideline;

2.

The proposed alternative achieves the goals and policies of the
comprehensive plan to the same or better degree than the subject
standard or guideline;

3.

The proposed alternative results in benefits to the community that
are equivalent to or better than compliance with the subject
standard or guideline; and

4.

The proposed alternative imposes no greater impacts on adjacent
properties than would occur through compliance with the specific
requirements of this Historic Preservation Ordinance or the
standards of Title XV – Development Code.

F. Public Hearing. The CHRC shall set a date and time for a public hearing
once an application is filed and fees are paid, which shall not be less than
ten (10) days nor more than sixty (60) days from the filing date.
1.
Written notice of the hearing shall be given at least ten (10) days
prior to the hearing date to the owners of property within and

contiguous to and directly across the street from the applicant’s
property.
2.
In addition, public notice of such hearings as to the time, place,
date, and subject of the hearing, shall be placed on the City of
Piqua website. Any party in interest may appear and be heard at
the hearing in person, by agent, or by attorney.
G. Historical Significance. For buildings and structures within the
boundaries of the Piqua Historic District, the CHRC shall determine if a
building is historically significant based on the criteria defined in
§99.03.12. If a structure is not determined to be historically significant by
a majority of the CHRC by vote, the property may be permitted to have
reduced requirements or have alternative equivalent compliance as
defined in §99.06.E.
H. Decision. Minutes of each meeting shall be kept and shared publicly after
they are formally approved. The CHRC shall render a written decision of
a majority of the members of the Commission without any unreasonable
delay after the close of a hearing, and in all cases, within forty-five (45)
days after the close of the hearing. A copy of the decision and findings
shall be sent to the owner, applicant, Planning Commission, and City
Commission.
I. Appeal. In the event that the CHRC does not approve an application, the
applicant has the right to appeal that decision to the City of Piqua Board of
Zoning Appeals, pursuant to the City of Piqua Development Code (Title
XV).

§ 99.07

CRITERIA FOR DEMOLITION OR RELOCATION OF A STRUCTURE

A.

The demolition or relocation of a structure may only be considered if the
CHRC finds that the following conditions prevail:
1.
There is no viable economic use of the structure as it exists; and
2.
A written report by a contractor acceptable to the CHRC
demonstrates it is not feasible to restore the structure.

B.

The CHRC may also take into consideration the following criteria when
making their decision:
1.
The historic, scenic, cultural, aesthetic or architectural significance
of the building, structure, site or object;
2.
The importance of the historic structure, building, site or object to
the ambiance of a district;
3.
The difficulty or the impossibility of reproducing such a structure,
building, site or object because of its design, texture, material,
detail or unique location;

4.
5.
6.
7.
8.
9.
C.

§ 99.08

Whether the historic structure, building, site or object is one of the
last remaining examples of its kind in the City;
Whether there are definite plans for reuse of the property if the
proposed demolition is carried out, and what the effect of those
plans on the character of the surrounding area would be;
Whether the structure would be more appropriate in the proposed
new location;
Whether the property owner has listed the property for sale to
attempt to save the structure;
Whether reasonable measures can be taken to save the historic
structure, building, site or object from collapse; and
Whether the historic structure, building, site or object is capable of
earning reasonable economic return on its value.

Issuance of a Certificate of Appropriateness for demolition must be
followed by a demolition permit, as outlined within the Piqua Development
Code – Title XV - Article 7 (Administration). Demolition adjacent to
sensitive historic structures must present liability insurance sufficient to
cover unintentional damage to adjacent historic structures. A plan must be
submitted to demonstrate how loss of adjacent historic property will be
prevented.
MODIFICATIONS

Exterior modifications of a historic structure within the Piqua Historic District or to a
structure that is on the Registry requires a Certificate of Appropriateness (§ 99.06.D)
§ 99.09

DEMOLITION BY NEGLECT

Demolition by neglect is prohibited. Demolition by neglect means any failure in the
maintenance and repair of any designated site or structure within the District that results
in any of the following conditions:
A.

The deterioration of the foundation, exterior wall, roof, chimney, door or
window, to an extent that creates or permits a hazardous condition to
exist; or

B.

The deterioration of the foundation, exterior wall, roof, chimney, door or
window, the lack of adequate waterproofing, or the deterioration of interior
features which will or could result in permanent damage, injury, or loss of
the foundations, exterior wall, roof, chimney, door or window of the
structure.

§ 99.10

ACCIDENTAL DAMAGE

An owner of a designated landmark property will be responsible for maintaining
adequate insurance coverage of an amount to cover any damage to the exterior of the
structure, including the total reproduction of the building and any historically significant
accessory buildings should any damage occur, or demolition be necessary due to fire,
flood, or other accidental cause. If insurance coverage is not maintained, the owner will
be responsible for the cost of repairs.
§ 99.11

ENFORCEMENT AND PENALTIES

A.

If it is found that any of the provisions of these standards are being
violated, the person responsible for such violations shall cease all work
upon notification and no work shall be performed except to correct the
violations. All work shall be corrected within a reasonable period and any
violations not corrected within the specified time may be prosecuted.

B.

Whoever constructs, reconstructs, or alters any exterior architectural
feature or demolishes a substantial part or all of any building within the
District without a Certificate of Appropriateness shall be fined not more
than one hundred dollars ($100.00). Each day of violation shall be
considered a separate offense. Whoever violates this section shall be
required to restore and reconstruct such features in full detail.

§ 99.12

SEVERABILITY

If any provision of this Ordinance or the application thereof is held invalid, such invalidity
shall not affect other provisions or application of this Ordinance which can be given
effect without the invalid provision or application, and to this end, the provisions of this
Ordinance are hereby declared severable.

Piqua Historic Registry
As authorized under § 99.04.B and first adopted 05.21.2024. This registry includes
those registered on the National Register of Historic Places as well as those which are
registered only to this local Historic Registry.
Updated:

N/A

Buildings / Structures
Name
Fort Piqua Plaza
Arrowston
Old Piqua High School
Zollinger Building

Address/Location
114 W. Main Street
1220 Park Avenue
316 N. College Street
101 S. Wayne Street

Date Added
2/15/1974
2/8/1980
8/22/1996
12/15/2015

National Reg. #
74001576
80003162
96000927
15000903

Local Reg. #
001
002
003
004

Address/Location
Defined Boundaries

Date Added
1/11/1985

National Reg. #
71000646

Local Reg. #
005

Historic District
Name
Piqua-Caldwell

RESOLUTION No. PC 9-24
WHEREAS, an amendment has been proposed to adopt “Chapter 99: City of
Piqua Historic Preservation,” to the Code of Ordinances as shown in Exhibit A,
attached; and,
WHEREAS, the Planning Commission has studied the request, conducted a public
hearing on the matter, and has established findings that indicate the proposed
code amendment:
☐ Will not threaten the general health, safety, and welfare of the
community; and
☐ Conforms to all applicable plans and policies of the city.
NOW THEREFORE BE IT RESOLVED, board member _Brad Bubp hereby moves to
recommend approval of the ordinance change, as described by “Exhibit A,” the
motion is seconded by board member _Eddie Harvey__ and the voting record on
this motion is hereby recorded as follows.

Mr. Gary Koenig

AYE
☒

NAY
☐

ABSTAIN
☐

ABSENT
☐

Mr. Eddie Harvey

☒

☐

☐

☐

Mr. Terry Wright

☒

☐

☐

☐

Mr. Bradley Bubp

☒

☐

☐

☐

Mr. Adam Seas

☒

☐

☐

☐

Item # O-4-24

Commission Agenda
Staff Report
MEETING DATE
REPORT TITLE

SUBMITTED BY

April 16, 2024
An ordinance to amend Chapter 32: Boards and Commissions

Name & Title: Kyle Hinkelman, Community Services Director
Department: Community Services Department

AGENDA CLASSIFICATION

Consent

City Manager
Asst. City Manager/Development
Department Director

APPROVALS/REVIEWS

BACKGROUND

Ordinance

Resolution

Regular

Asst. City Manager/Finance
Law Director
Other:

This Ordinance modifies Chapter 32: Boards and Commissions. The Planning
Commission recommended approval in a 5-0 vote on April 10, 2024.
This Ordinance would amend Chapter 32 to include two new boards formally:
32.095-32.098 Board of Zoning Appeals, and 32.110-32.112 City Historic Review
Commission.

Budgeted $:
N/A
BUDGETING AND
Expenditure $: N/A
FINANCIAL IMPACT
Source of
N/A
Funds:
Narrative:
OPTIONS

N/A

1.

Approve of the adoption of the ordinance.

2.

Disapprove of the adoption of the ordinance.

th
st
PROJECT TIMELINE April 16 – 1 Reading
May 7th – 2nd Reading

May 21st – 3rd Reading / Approval
STAFF Approve the proposed Ordinance.
RECOMMENDATION
REASON FOR SELECTING N/A
CONSULTANT/COMPANY
ATTACHMENTS Chapter 32: Boards and Commissions modifications.

ORDINANCE NO. O-4-24
AN ORDINANCE TO AMEND CHAPTER 32: BOARDS AND COMMISSIONS
WHEREAS, the Piqua Code of Ordinances Chapter 32 establishes Boards and Commissions;
and,
WHEREAS, the Planning Commission has recommended in a 5-0 vote to amend Chapter 32
as listed below; and,
WHEREAS, the Planning Commission has recommended amending the Sections below to
state the following:
Board of Zoning Appeals
•

§ 32.095 ESTABLISHMENT; MEMBERSHIP.
There is hereby established a Board of Zoning Appeals (BZA). The board
shall have the duties and powers imposed by ordinance and this code. The
board shall hear appeals from decisions and adjudications under the
city's zoning regulations made by the Community Services Director, City
Planner, Code Compliance Coordinator, and other persons or
administrative bodies authorized to administer and enforce the city's
zoning regulations.
 (a) The Board shall consist of five (5) members, who shall be
residents of the city and serve five-year terms.
 (b) The City Commission shall appoint members of the BZA and
may remove any member of the Board for cause upon written
charges after a public hearing.
 (c) The City Commission shall remove any member of the Board
who during his or her term changes his or her residence to outside
the city.
 (d) Vacancies shall be filled by the City Commission for the
unexpired term of the member affected.
 (e) One member of the Planning Commission shall be a member of
the BZA and will be appointed by the chair of the Planning
Commission annually.
 (f) There shall not be any limit to the number of terms for a BZA
member.
 (g) The City Planner shall be a nonvoting ex-officio member of the
Board of Appeals.

•

§ 32.096 ORGANIZATION.
o The BZA shall annually elect its own officers as well as adopt rules as
necessary to allow for the efficient and effective management of meetings.
 (a) Officers shall be the Chair and Vice-Chair.






(b) Meetings shall be held at the call of the Chair and at any other
times as the Board may determine.
(c) Three members of the BZA shall constitute a quorum for the
conducting of business.
(d) The Chair, or in his or her absence, the Vice-Chair may
administer oaths and compel the attendance of witnesses.
(e) All meetings and records shall be open to the public, with public
meeting minutes being adopted formally.

•

§ 32.097 JURISDICTION.
o (a) Any person, property owner, tenant, or any governmental officer,
department, board, or bureau may apply for exception or variance from
the strict applications of terms of the City of Piqua Development Code
(Title XV), or appeal a decision of the enforcing officer to the Board of
Appeals as defined within this Code.
o (b) Any appeal of a ruling of the enforcing officer shall stay all proceedings
o unless the enforcing officer certifies that, by reason of acts pertaining to
the matter in question, a stay may jeopardize the health, safety or welfare
of the community thereof. When the certification is made, proceedings
shall not be stayed except by a restraining order granted by the court of
common pleas.

•

§ 32.098 POWERS.
o The Board of Zoning Appeals shall have the powers and duties expressly
identified in the Development Code (Title XV), specifically under Article
7.1.3.

City Historic Review Commission
•

§ 32.110 ESTABLISHMENT; MEMBERSHIP.
There is hereby established a City Historic Review Commission (CHRC) of five (5)
members. The board shall have the duties and powers imposed by ordinance and
this code .
o (a) Members shall be residents of the City of Piqua.
o (b) No member shall be an official or employee of the city.
o (c) Members shall serve without compensation and shall be appointed for
a term of five (5) years, except that of the members first appointed, one
shall be for a term of one (1) year, one for two (2) years, one shall be for
three (3) years, one for four (4) years, and one for five (5) years.
o (d) To the extent possible, the CHRC shall include professional members in
the fields of architecture, architectural history, history, archaeology,
planning, or related disciplines.
o (h) The City Commission shall appoint members of the CHRC and may
remove any member of the Commission for cause upon written charges
after a public hearing.

o
o

(i) The City Commission shall remove any member of the Commission who
during his or her term changes his or her residence to outside the city.
(j) Vacancies on the CHRC shall be filled within 60 days by the City
Commission unless extenuating circumstances require a longer period.

•

§ 32.111 ORGANIZATION.
The CHRC shall annually elect its own officers as well as adopt rules as necessary
to allow for the efficient and effective management of meetings.
o (a) Officers shall be the Chair and Vice-Chair.
o (b) Meetings shall be held at the call of the Chair and at any other times as
the Commission may determine, but at least quarterly (four times per
year).
o (c) Three members of the CHRC shall constitute a quorum for the
conducting of business.
o (d) All meetings and records shall be open to the public, with public
meeting minutes being adopted formally.
o (e) Staff in the Community Services Department shall produce an annual
report in conjunction with the CHRC that is published annually and
available for public inspection.

•

§ 32.112 POWERS.
The CHRC shall have the powers and duties expressly identified in Chapter 99
Piqua Preservation Ordinance, specifically § 99.05.B.

BE IT ORDAINED by the Commission of the City of Piqua, Miami County, Ohio, the majority
of all members elected and appointed thereto concurring, that:
SEC. 1:

The Ordinance referencing Chapter 32: Boards and Commissions is
hereby amended as described herein.

SEC. 2:

This Ordinance shall take effect and be in force from and after the
earliest period allowed by law.

1st Reading – 4/16/2024
2nd Reading – 5/7/2024
3rd Reading – 5/21/2024
______________________________________________
KRIS LEE, MAYOR
PASSED: _____________________________
ATTEST: ______________________________
MELISSA KINNEY
CLERK OF COMMISSION

The Motion to adopt the foregoing ordinance was offered by ______________________________,
seconded by ____________________________________, and on roll call the following vote ensued:
Mayor Kris Lee

___________

Commissioner James Vetter

___________

Commissioner Frank DeBrosse

____________

Commissioner Thomas Hohman

____________

Commissioner Paul Simmons

____________

MODIFICATIONS TO CHAPTER 32 – BOARDS AND
COMMISSIONS
Board of Zoning Appeals
§ 32.095 ESTABLISHMENT; MEMBERSHIP.
There is hereby established a Board of Zoning Appeals (BZA). The board shall have the
duties and powers imposed by ordinance and this code. The board shall hear appeals
from decisions and adjudications under the city's zoning regulations made by the
Community Services Director, City Planner, Code Compliance Coordinator, and other
persons or administrative bodies authorized to administer and enforce the city's zoning
regulations.
(a)
(b)
(c)
(d)
(e)
(f)
(g)

The Board shall consist of five (5) members, who shall be residents of the
city and serve five-year terms.
The City Commission shall appoint members of the BZA and may remove
any member of the Board for cause upon written charges after a public
hearing.
The City Commission shall remove any member of the Board who during
his or her term changes his or her residence to outside the city.
Vacancies shall be filled by the City Commission for the unexpired term of
the member affected.
One member of the Planning Commission shall be a member of the BZA,
and will be appointed by the chair of the Planning Commission annually.
There shall not be any limit to the number of terms for a BZA member.
The City Planner shall be a nonvoting ex-officio member of the Board of
Appeals.

§ 32.096 ORGANIZATION.
The BZA shall annually elect its own officers as well as adopt rules as necessary to
allow for the efficient and effective management of meetings.
(a)
(b)
(c)
(d)
(e)

Officers shall be the Chair and Vice-Chair.
Meetings shall be held at the call of the Chair and at any other times as
the Board may determine.
Three members of the BZA shall constitute a quorum for the conducting of
business.
The Chair, or in his or her absence, the Vice-Chair may administer oaths
and compel the attendance of witnesses.
All meetings and records shall be open to the public, with public meeting
minutes being adopted formally.

§ 32.097 JURISDICTION.

(a)

(b)

Any person, property owner, tenant, or any governmental officer,
department, board, or bureau may apply for exception or variance from
the strict applications of terms of the City of Piqua Development Code
(Title XV), or appeal a decision of the enforcing officer to the Board of
Appeals as defined within this Code.
Any appeal of a ruling of the enforcing officer shall stay all proceedings
unless the enforcing officer certifies that, by reason of acts pertaining to
the matter in question, a stay may jeopardize the health, safety or welfare
of the community thereof. When the certification is made, proceedings
shall not be stayed except by a restraining order granted by the court of
common pleas.

§ 32.098 POWERS.
The Board of Zoning Appeals shall have the powers and duties expressly identified in
the Development Code (Title XV), specifically under Article 7.1.3.

City Historic Review Commission
§ 32.110 ESTABLISHMENT; MEMBERSHIP.
There is hereby established a City Historic Review Commission (CHRC) of five (5)
members. The board shall have the duties and powers imposed by ordinance and this
code .
(a)
(b)
(c)

(d)
(h)
(i)
(j)

Members shall be residents of the city of Piqua.
No member shall be an official or employee of the city.
Members shall serve without compensation and shall be appointed for a
term of five (5) years, except that of the members first appointed, one shall
be for a term of one (1) year, one for two (2) years, one shall be for three
(3) years, one for four (4) years, and one for five (5) years.
To the extent possible, the CHRC shall include professional members in
the fields of architecture, architectural history, history, archaeology,
planning, or related disciplines.
The City Commission shall appoint members of the CHRC and may
remove any member of the Commission for cause upon written charges
after a public hearing.
The City Commission shall remove any member of the Commission who
during his or her term changes his or her residence to outside the city.
Vacancies on the CHRC shall be filled within 60 days by the City
Commission, unless extenuating circumstances require a longer period.

§ 32.111 ORGANIZATION.
The CHRC shall annually elect its own officers as well as adopt rules as necessary to
allow for the efficient and effective management of meetings.
(a)
(b)
(c)
(d)
(e)

Officers shall be the Chair and Vice-Chair.
Meetings shall be held at the call of the Chair and at any other times as
the Commission may determine, but at least quarterly (four times per
year).
Three members of the CHRC shall constitute a quorum for the conducting
of business.
All meetings and records shall be open to the public, with public meeting
minutes being adopted formally.
Staff in the Community Services Department shall produce an annual
report in conjunction with the CHRC that is published annually and
available for public inspection.

§ 32.112 POWERS.
The CHRC shall have the powers and duties expressly identified in Chapter 99 Piqua
Historic Preservation Ordinance, specifically § 99.05.B.

RESOLUTION No. PC 10-24
WHEREAS, an amendment has been proposed to amend “Chapter 32: Boards
and Commissions” to the Code of Ordinances as shown in Exhibit B, attached;
and,
WHEREAS, the Planning Commission has studied the request, conducted a public
hearing on the matter, and has established findings that indicate the proposed
code amendment:
☒ Will not threaten the general health, safety, and welfare of the
community; and
☒ Conforms to all applicable plans and policies of the city.
NOW THEREFORE BE IT RESOLVED, board member _Brad Bubp_ hereby moves to
recommend approval of the ordinance change, as described by “Exhibit B,” the
motion is seconded by board member __Adam Seas and the voting record on
this motion is hereby recorded as follows.

Mr. Gary Koenig

AYE
☒

NAY
☐

ABSTAIN
☐

ABSENT
☐

Mr. Eddie Harvey

☒

☐

☐

☐

Mr. Terry Wright

☒

☐

☐

☐

Mr. Bradley Bubp

☒

☐

☐

☐

Mr. Adam Seas

☒

☐

☐

☐

Item # O-5-24

Commission Agenda
Staff Report
MEETING DATE
REPORT TITLE
SUBMITTED BY

April 16, 2024
An Ordinance to amend Title XV: Land Usage, Piqua Development Code
Name & Title: Kyle Hinkelman, Community Services Director
Department: Community Services Department

AGENDA CLASSIFICATION

Consent

City Manager
Asst. City Manager/Development
Department Director

APPROVALS/REVIEWS

BACKGROUND

Ordinance

Resolution

Regular

Asst. City Manager/Finance
Law Director
Other:

This Ordinance modifies Title XV: Land Usage, Piqua Development Code in
multiple sections.
The Planning Commission recommended approval in a 5-0 vote on April 10,
2024.
This Ordinance modifies the following sections:
•

Modify Primary Use Table – To add Data Center

•

3.6.3.A.1 – Correct error

•

3.6.9 – Add Data Center definition

•

7.1.1 – Remove Historic Preservation Section from table

•

7.1.2 – Clarify “Development Director” title.

•

7.1.3 – Clarify establishment of BZA

•

7.1.4 – Remove C. Historic Preservation entirely

•

7.2.3 – Clarify the CHRC reviews

•

7.2.5 – Provides additional flexibility in administrative approvals

•

7.2.10 – Replaces text with CHRC review language

•

7.4 – Increases Zoning Verification letter fees to $30 / parcel

Budgeted $:
N/A
BUDGETING AND
FINANCIAL IMPACT Expenditure $: N/A
Source of
N/A
Funds:
Narrative:
1.

N/A

Approve of the adoption of the ordinance.

OPTIONS 2.

Disapprove of the adoption of the ordinance.

th
st
PROJECT TIMELINE April 16 – 1 Reading
May 7th – 2nd Reading

May 21st – 3rd Reading / Approval
STAFF Approve the proposed Ordinance.
RECOMMENDATION
REASON FOR SELECTING N/A
CONSULTANT/COMPANY
ATTACHMENTS Title XV: Land Usage, Development Code Modifications

ORDINANCE NO. O-5-24
AN ORDINANCE TO AMEND TITLE XV: LAND USAGE, PIQUA DEVELOPMENT CODE
WHEREAS, the Piqua Development Code adopted by Piqua Code of Ordinances Title XV
establishes districts and standards pertaining to the development and use of land; and,
WHEREAS, the Planning Commission has recommended in a 5-0 vote to amend the
Sections listed below of the Piqua Development Code; and,
WHEREAS, the Planning Commission has recommended amending the Sections below to
state the following:
•

The Addition of Data Center to Industrial Uses, with it being a Special use in the IL
District, and Permitted in the IH District;

•

Section 3.6.3.A.1
In T-FX districts, all moderate-impact industrial uses must take place within a
fully-enclosed building.

•

Section 3.6.9
Data Center means real and personal property consisting of buildings or
structures specifically designed or modified to house networked computers
and data and transaction processing equipment and related infrastructure
support equipment, including, without limitation, power and cooling
equipment, used primarily to provide, as a serve to person other than the
company operating the data center, data and transaction processing services,
outsource information technology services and computer equipment colocation services, or, used primarily to provide to a single user, including the
user’s affiliates, customers, lessees, vendors and other persons authorized by
the user, data and transaction processing services.
A. Use Standards

1. Outdoor areas used for the loading, parking, and storage of
tractor trailers must be screened using a Moderate-Impact
Common Lot Line Screen (§4.3.7) along all common lot lines
except for an abutting warehouse and distribution or industrial
use.
2. Outdoor areas used for the loading, parking, and storage of
tractor trailers must be screened using a High-Impact Frontage
Screen (§4.3.7) along all lot lines abutting a public right-of-way.
•
•

7.1.1 – Removal of Historic Preservation Section completely
7.1.2 – Development Director

The title “Development Director” shall reference the Director of the Community
Services Department or other titled department that has management authority
over the Planning and Zoning Division and has those powers and duties expressly
identified in this Article, including but not limited to:
…
B. Decision
To review and decide on applications for:
1. development and sign permits;
2. temporary use permits;
3. final plats without dedication;
4. administrative adjustments; and
5. Certificates of Appropriateness where allowed in this Development Code and
Chapter 99 – Piqua Historical Preservation Ordinance.
•

7.1.3 – Board of Zoning Appeals
The Board of Zoning Appeals (BZA) is established and organized under § 32.095
and § 32.096 of the City of Piqua Codified Ordinances. The Board of Zoning
Appeals has those powers and duties expressly identified in this Article, including
but not limited to:

•

7.1.4 – Planning Commission
Remove “C. Historic Preservation” in its entirety.

•

7.2.3 – Special Use Permit
K.5 Preservation of Exterior Architectural Features
Proposals for adaptive reuse must preserve the exterior appearance of the church
or other place of worship structure. Additions or alterations to sites must receive
a Certificate of Appropriateness from the City Historic Review Commission
(Chapter 99 of the City of Piqua Codified Ordinances).

•

7.2.5 – Development Permit
H. Administrative Adjustment
2. Approval Criteria
b. In addition, the adjustment may not exceed a change of more than 15% to any
numerically described standard, unless a separate standard on the same site is
improved by an equal or greater amount. For example, if the maximum width
allowed for a building is 150 feet, an administrative adjustment may be allowed
up to 172.5 total feet. Beyond this cap on adjustments, the Development Director
may require an additional 15% landscape screening or other equivalent standard
in replacement, or require a variance must be sought. The Development Director
may not create more restrictive standards through adjustments, unless agreed to
by the developer, builder, or permit application requestor.

•

7.2.10 – Certificate of Appropriateness

Certificates of Appropriateness are reviewed and approved by the City Historic
Review Commission (CHRC) per Chapter 99.06.D.
•

7.4 – Review Fees and Registration
Update Zoning Verification Letter - $30 per parcel

BE IT ORDAINED by the Commission of the City of Piqua, Miami County, Ohio, the majority
of all members elected and appointed thereto concurring, that:
SEC. 1:

The Piqua Development Code adopted by Piqua Code of Ordinances
Title XV is hereby amended as described herein.

SEC. 2:

This Ordinance shall take effect and be in force from and after the
earliest period allowed by law.

1st Reading – 4/16/2024
2nd Reading – 5/7/2024
3rd Reading – 5/21/2024
______________________________________________
KRIS LEE, MAYOR
PASSED: _____________________________
ATTEST: ______________________________
MELISSA KINNEY
CLERK OF COMMISSION
The Motion to adopt the foregoing Ordinance was offered by ______________________________,
seconded by ____________________________________, and on roll call the following vote ensued:

Mayor Kris Lee

___________

Commissioner James Vetter

___________

Commissioner Frank DeBrosse

____________

Commissioner Thomas Hohman

____________

Commissioner Paul Simmons

____________

MODIFICATIONS TO TITLE XV – Development Code
Modify the Primary Use Table (Page 3-7)
•

Add Data Center to Industrial uses, above Self-Service Storage, with it being a
special use in the IL District, and Permitted in the IH District.

Modify 3.6.3A.1
3.6.3 A.1.
In T-FX districts, all moderate-impact industrial uses must take place within a fullyenclosed building. The scale of these operations are limited to
Add 3.6.9.
3.6.9. Data Center
Data Center means real and personal property consisting of buildings or structures
specifically designed or modified to house networked computers and data and
transaction processing equipment and related infrastructure support equipment,
including, without limitation, power and cooling equipment, used primarily to provide, as
a serve to person other than the company operating the data center, data and
transaction processing services, outsource information technology services and
computer equipment co-location services, or, used primarily to provide to a single user,
including the user’s affiliates, customers, lessees, vendors and other persons
authorized by the user, data and transaction processing services.
A.

Use Standards
1.

Outdoor areas used for the loading, parking, and storage of tractor trailers
must be screened using a Moderate-Impact Common Lot Line Screen
(§4.3.7) along all common lot lines except for an abutting warehouse and
distribution or industrial use.

2.

Outdoor areas used for the loading, parking, and storage of tractor trailers
must be screened using a High-Impact Frontage Screen (§4.3.7) along all
lot lines abutting a public right-of-way.

Modify 7.1.1 Summary of Review Authority
Remove Historic Preservation section completely.

Modify 7.1.2 – Development Director
7.1.2 – Development Director
The title “Development Director” shall reference the Director of the Community Services
Department or other titled department that has management authority over the Planning
and Zoning Division and has those powers and duties expressly identified in this Article,
including but not limited to:
…
B. Decision
To review and decide on applications for:
1.

development and sign permits;

2.

temporary use permits;

3.

final plats without dedication;

4.

administrative adjustments; and

5.

Certificates of Appropriateness where allowed in this Development Code and
Chapter 99 – Piqua Historical Preservation Ordinance.

Modify 7.1.3. Board of Zoning Appeals
The Board of Zoning Appeals (BZA) is established and organized under § 32.095 and §
32.096 of the City of Piqua Codified Ordinances. The Board of Zoning Appeals has
those powers and duties expressly identified in this Article, including but not limited to:
A. Decision
To review and decide on applications for:
1. appeals of administrative decisions;
2. appeals of interpretation of this Development Code;
3. variances; and
4. appeals of action by the Development Department to enforce this Development
Code.
Modify 7.1.4. Planning Commission
Remove “C. Historic Preservation” in its entirety.
Modify 7.2.3 Special Use Permit

K.5 Preservation of Exterior Architectural Features
Proposals for adaptive reuse must preserve the exterior appearance of the church or
other place of worship structure. Additions or alterations to sites must receive a
Certificate of Appropriateness from the City Historic Review Commission (Chapter 99 of
the City of Piqua Codified Ordinances).
Modify section 7.2.5 – Development Permit
…
H.

Administrative Adjustment
2.

Approval Criteria
b.
In addition, the adjustment may not exceed a change of
more than 15% to any numerically described standard,
unless a separate standard on the same site is improved by
an equal or greater amount . For example, if the maximum
width allowed for a building is 150 feet, an administrative
adjustment may be allowed up to 172.5 total feet. Beyond
this cap on adjustments, the Development Director may
require an additional 15% landscape screening or other
equivalent standard in replacement, or require a variance
must be sought. The Development Director may not create
more restrictive standards through adjustments, unless
agreed to by the developer, builder, or permit application
requestor.

7.2.10. Certificate of Appropriateness
Remove Section in its entirety.
Certificates of Appropriateness are reviewed and approved by the City Historic Review
Commission (CHRC) per Chapter 99.06.D.
Modify section 7.4 – Review Fees and Registration
Zoning Verification Letter - $30 per parcel

RESOLUTION No. PC 11-24
WHEREAS, an amendment has been proposed to amend “Title XV-Development
Code” to the Code of Piqua as shown in Exhibit C, attached; and,
WHEREAS, the Planning Commission has studied the request, conducted a public
hearing on the matter, and has established findings that indicate the proposed
code amendment:
☒ Will not threaten the general health, safety, and welfare of the
community; and
☒ Conforms to all applicable plans and policies of the city.
NOW THEREFORE BE IT RESOLVED, board member Brad Bubp_ hereby moves to
recommend approval of the ordinance change, as described by “Exhibit C,” the
motion is seconded by board member __Eddie Harvey_ and the voting record on
this motion is hereby recorded as follows.

Mr. Gary Koenig

AYE
☒

NAY
☐

ABSTAIN
☐

ABSENT
☐

Mr. Eddie Harvey

☒

☐

☐

☐

Mr. Terry Wright

☒

☐

☐

☐

Mr. Bradley Bubp

☒

☐

☐

☐

Mr. Adam Seas

☒

☐

☐

☐