On the agenda: Piqua meeting — Data Center (May 7)

PIQUA CITY COMMISSION MEETING
TUESDAY, MAY 7, 2024
5 PM
COMMISSION CHAMBER – 2nd FLOOR
201 WEST WATER STREET
PIQUA, OHIO 45356
CALL TO ORDER
THE PLEDGE OF ALLEGIANCE
ROLL CALL
ADJOURN TO EXECUTIVE SESSION
ROLL CALL
EXECUTIVE SESSION
The Executive Session is to consider confidential information related to economic development as further
defined by Ohio Revised Code Section 121.22(g)(8) or as amended
ADJOURN FROM EXECUTIVE SESSION
PROCLAMATION
Bike Month
PRESENTATION
Report from Committee on Fire Training Facility
REGULAR PIQUA CITY COMMISSION MEETING
CONSENT AGENDA

1. APPROVAL OF MINUTES

Approval of the Minutes from the April 16, 2024, Regular City Commission Meeting

2. RESOLUTION NO. R-67-24
A resolution accepting the resignation of Gary Koenig as a member of the Planning Commission
OLD BUSINESS
3. ORDINANCE NO. O-3-24 (2nd Reading)
An ordinance to adopt Chapter 99: Piqua Historic Preservation Ordinance
4. ORDINANCE NO. O-4-24 (2nd Reading)
PIQUA CITY COMMISSION MEETING AGENDA | 1

An ordinance to amend Chapter 32: Boards and Commissions
5. ORDINANCE NO. O-5-24 (2nd Reading)
An ordinance to amend Title XV: Land Usage, Piqua Development Code
NEW BUSINESS
6. ORDINANCE NO. O-6-24 (1ST Reading)
An ordinance to regulate burning activities
7. ORDINANCE NO. O-7-24 (1st Reading)
An ordinance repealing and replacing Piqua Municipal Code Section 30.01
8. RESOLUTION NO. R-68-24
A resolution awarding a contract to M & T Excavating, LLC for the Ridge Street water main
extension project
9. RESOLUTION NO. R-69-24
A resolution approving the Miami County 9-1-1 Final Plan for the Miami County Communications
Center
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.)
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)

PROCLAMATION
WHEREAS, for more than a century, the bicycle has been an important part
of the lives of most Americans; and
WHEREAS, today, millions of Americans engage in bicycling as an
environmentally sound form of transportation, an excellent form of fitness, and as
a quality family recreation activity; and
WHEREAS, the education of cyclists and motorists as to the proper and safe
operation of bicycles is important to ensure the safety and comfort of all users; and
WHEREAS, the League of American Bicyclists and independent cyclists
throughout our state are promoting greater public awareness of bicycle operation
and safety education in an effort to reduce accidents, injuries, and fatalities; and
WHEREAS, the citizens of Piqua benefit from the availability of a complete
transportation system that includes facilities dedicated to the safe and convenient
movement of bicycle traffic.
NOW, THEREFORE, I Kris Lee, Mayor of the City of Piqua, Ohio, do hereby
proclaim the month of May 2024 as:
BIKE MONTH
in the City of Piqua and State of Ohio and urge all citizens to join in on the fun of
cycling.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused to be
affixed the Seal of the City of Piqua, Ohio,
this 7th day of May 2024.
KRIS LEE, MAYOR

REGULAR PIQUA CITY COMMISSION MEETING MINUTES
TUESDAY, APRIL 16, 2024
CALL TO ORDER
Piqua City Commission met at 6 p.m. in the Municipal Government Complex Commission Chambers
located at 201 W. Water Street, Piqua, Ohio.
ROLL CALL
Mayor Lee and Commissioners Hohman, Simmons and Vetter were present. Commissioner DeBrosse was
absent.
Commissioner Vetter made a motion to excuse Commissioner DeBrosse from the meeting. Motion was
seconded by Commissioner Hohman. All were in favor and the motion was carried unanimously. Mayor
Lee declared Commissioner DeBrosse excused.
PRESENTATION
Utilities Business Office Manager RJ Monnier introduced Seamus McNamee, Vice President of Research at
the Great Blue Research Company, Inc. in Connecticut. Mr. McNamee presented results from a Utilities
Customer Survey that was conducted November 19, 2023, through January 3, 2024, that gauged
customer preferences and levels of satisfaction with Piqua utilities. Data was collected from 371
participants who showed overall satisfaction with the electric, water, sewer, and refuse services in Piqua.
Of those surveyed, 83% reported total satisfaction with their customer service experience. Mr. Monnier
stressed the positive impact for Piqua utility customers with recent upgrades in utility technology, such as
communication improvements, real-time balances on the SmartHub app, and powerful comparison tools.
He said that these survey results are important for operational decisions, such as knowing how
customers want to receive communications from the city.
REGULAR PIQUA CITY COMMISSION MEETING
CONSENT AGENDA
APPROVAL OF MINUTES
Approval of the minutes from the April 9, 2024, Regular City Commission Meeting
A motion was made by Commissioner Vetter to approve the Consent Agenda, and Commissioner
Simmons seconded the motion. All were in favor and the motion was carried unanimously.
WORK SESSION

REGULAR PIQUA CITY COMMISSION MEETNG MINUTES | 1

A motion was made by Commissioner Hohman to amend the Agenda to include a Work Session, and
Commissioner Simmons seconded the motion. All were in favor and the motion was carried
unanimously.
Commissioner Hohman presented a draft copy of a new ordinance that would regulate burning activities
upon property owned by the City of Piqua. He noted that this would not include personal property, only
property owned by the city. Commissioner Hohman then read the entire language of the proposed
ordinance and said he would like to conduct an official first reading at the next City Commission Meeting.
Mayor Lee commented that this ordinance would be a second step in the right direction and that it needs
to be very thorough.
Commissioner Simmons had questions about Class A, B and K fires in Section 3. He also said that pallets
that are chemically treated should not be allowed to be burned. Law Director Frank Patrizio informed the
Commission that permits obtained from RAPCA will not allow those type of pallets to be burned.
Commissioner Hohman moved to close the Work Session, and the motion was seconded by
Commissioner Vetter. All were in favor and the motion was carried unanimously.
OLD BUSINESS
ORDINANCE NO. O-2-24 (3rd Reading)
An ordinance to make appropriations for the City of Piqua, Ohio, for the Year 2024
Introduction: Finance Director Jerry O’Brien reminded Commission that this ordinance would allow the
Finance Department to adjust certain line items in the 2024 Budget.
Commissioners Comments: Commissioner Vetter said that he was comfortable proceeding with these
amendments, as Mr. O’Brien provided a good explanation of the changes in the 1st & 2nd Readings.
Commissioner Simmons inquired about the increase in funds of $327,000 in Section 35 for Lock 9 Park
Restrooms. City Manager Paul Oberdorfer explained that initially public restrooms were not considered
for the Lock 9 Project, but that the contingency allowed for a change in the design and some additional
cost savings were realized along the way. This allows for funds for a public restroom within the original
budget parameters.
Public Comment: Jeff Grimes questioned the total cost involved in the Lock 9 Project, and Mr. Oberdorfer
responded that funds were moved around, not increased, for the public restrooms as part of the
contingency.
Commissioner Hohman commented that the original budget for the Lock 9 Project was approved one
and a half years ago.
A motion was made by Commissioner Vetter to approve the ordinance and Commissioner Hohman
seconded the motion. All were in favor and the motion was carried unanimously.
NEW BUSINESS
ORDINANCE NO. O-3-24 (1st Reading)
An ordinance to adopt Chapter 99: Piqua Historic Preservation Ordinance
REGULAR PIQUA CITY COMMISSION MEETNG MINUTES | 2

Introduction: Community Services Director Kyle Hinkelman stated that this ordinance was previously
discussed in a Work Session on April 9, 2024, and has been recommended for approval unanimously by
the Planning Commission on April 10, 2024. Mr. Hinkelman said that this ordinance would further the
city’s goal of becoming a Certified Local Government (CLG), including creating a new consolidated
boundary line for the Piqua Historic District, creating a process and procedure for review of landmark
designations and Certificates of Appropriateness within the District and for landmarked structures, and
creating a separate City Historic Review Commission (CHRC).
Commissioners Comments: Mayor Lee said that he received an inquiry from Don Smith, who is
concerned about standards changing in the existing Caldwell Historic District due to the new ordinance.
Mr. Hinkelman responded that current regulations and processes in the Caldwell Historic District and the
Downtown Historic District will remain the same; there will be no code changes. Mayor Lee also asked if
the new board could apply for grants, to which Mr. Hinkelman responded yes.
Commissioner Hohman inquired about homes being added to the district and asked how the new board
would operate. Mr. Hinkelman said that nothing would change as far as homes included in the district
and that the new board would be composed of 5 members to make informed decisions and would be
required to meet a minimum of 4 times a year.
Commissioner Simmons asked if local landmarks outside of the historic district boundaries could be
considered, to which Mr. Hinkelman responded that could be done, along with the option to change the
boundaries anytime.
Public Comment: Melanie Walker expressed her concerns with the appropriateness of Section 4 of
Chapter 99, as she is both a resident and business owner in the historic district. Mr. Hinkelman replied
that there are some issues with the existing language that he is investigating and that further updates
may be needed. He also offered to meet with her and Don Smith to discuss their concerns further.
Jeff Grimes commented that he thinks the city uses “selective enforcement.”
Rick Walker inquired about how citizens can apply for grants. Mr. Hinkelman responded that federal
dollars must go through the local municipality, but citizens can go through the application process for
grants by partnering with the city.
ORDINANCE NO. O-4-24 (1st Reading)
An ordinance to amend Chapter 32: Boards and Commissions
Introduction: Mr. Hinkelman explained that this ordinance would modify 2 sections of Chapter 32 to
centralize the existing Board of Zoning Appeals into this chapter, and to create a brand-new board, the
City Historic Review Commission. He noted that this ordinance was also recommended unanimously for
approval by the Planning Commission on April 10, 2024.
Commissioners Comments: None
Public Comment: None
ORDINANCE NO. O-5-24 (1st Reading)
An ordinance to amend Title XV: Land Usage, Piqua Development Code
REGULAR PIQUA CITY COMMISSION MEETNG MINUTES | 3

Introduction: Mr. Hinkelman explained that this ordinance would amend multiple sections of the Piqua
Development Code that was adopted in 2023. He briefly mentioned those changes, including clarification
of the “Development Director” title, establishment of the Board of Zoning Appeals under Chapter 32, and
Special Use permits.
Commissioners Comments: None
Public Comment: None
CITY MANAGER’S REPORT
Mr. Oberdorfer announced that there will be a Public Open House with live demonstrations this
Thursday, April 18th at the Fire Safety Training Center from 4-6 p.m.
COMMISSIONERS COMMENTS
Commissioner Vetter announced the next meeting regarding Hance Pavilion scheduled for this Thursday,
April 18th at 7 pm to discuss ADA compliance issues. He reminded citizens to dispose of grass clippings
properly and to put trash and recycling carts away after collection. He thanked everyone involved in the
Eclipse events in Piqua and announced a meeting about the Hydraulic Canal on April 25, 2024.
Commissioner Simmons reiterated the importance of not putting grass clippings in the streets, as this
can be a hazard for motorcyclists.
Commissioner Hohman requested data at the next meeting due to the high rain lately; he wants to know
if there are noticeable improvements or leaks after the smoke test that was recently conducted.
Mayor Lee reminded residents to be careful, as many people will be outdoors in the warmer weather.
PUBLIC COMMENT
Alisha Lange said that she is working on getting each City Commissioner recalled, and then removing the
City Manager along with changing Piqua’s form of government.
Eva Silvers announced that she, Laurie Kiser, and Joe Wilson are coordinating a clean up this coming
Saturday, April 20th in the area of Roosevelt Avenue near the Kroger bike path area. She added that there
are lots of volunteers and good things happening in Piqua.
Nicholas Mahrt asked for more information regarding the study conducted by Stantec Consulting
Services, Inc. on Piqua’s water supply lakes. Mr. Oberdorfer said that this will be provided in the next
agenda packet. Mr. Mahrt also expressed concerns with protective fire gear being worn in the city’s
water source while firefighters are practicing skills and restrictive signage near the Fire Safety Training
Center.
Jeff Grimes stated that there should be no burning ever again at 9300 State Route 66, Piqua. He said that
wood smoke creates particle pollution, which depletes nutrients in soil and negatively affects the
ecosystem.
Tom Hudson announced that there will be an Honor Gardens Ceremony at Piqua High School on
Saturday, May 25, 2024, at 11 am to honor Phil Wisecup. Mr. Wisecup is a 1973 graduate of Piqua High
School who enjoyed a 36-year successful career in the Navy, including the distinction of Top 50.
REGULAR PIQUA CITY COMMISSION MEETNG MINUTES | 4

Kim Heisler commented that the electronic data gathered from the SmartHub app is very valuable for
customers with city utilities. She also asked about the city’s drinking water standards compared to the
standards of the Federal Government. Mr. Oberdorfer said that Utilities Director Kevin Krejny would
provide her with more information.
ADJOURNMENT at 7:55 p.m.
A motion was made by Commissioner Hohman to adjourn, and Commissioner Vetter seconded the
motion. All approved and the motion was carried unanimously.
___________________________________
KRIS LEE, MAYOR
Passed: ______________________
Attest:

___________________________________
COMMISSION CLERK

REGULAR PIQUA CITY COMMISSION MEETNG MINUTES | 5

Q&A
At the City Commission Meeting on April 16, 2024, Nicholas Mahrt asked for more information on the
contract the City entered into with Stantec Consulting Services, Inc.
Attached is a copy of the Agreement that the City executed in December 2018 with Stantec Consulting
Services, Inc., along with the Proposal from Stantec Consulting Services, Inc.

RESOLUTION NO. R-67-24
A RESOLUTION ACCEPTING THE RESIGNATION OF GARY KOENIG AS A
MEMBER OF THE PLANNING COMMISSION
WHEREAS, Gary Koenig was appointed to the Planning Commission on
February 19, 2013, by Resolution No. R-23-13 with multiple reappointments
since then; and
WHEREAS, Gary Koenig resigned on April 30, 2024, from the Planning
Commission.
NOW, THEREFORE BE IT RESOLVED by the Commission of the City of
Piqua, Miami County, Ohio, the majority of all members elected thereto
concurring, that:
SEC. 1: This Commission hereby accepts the resignation of
Gary Koenig as a member of the Planning Commission.
SEC. 2: This Resolution shall take effect and be in force from and
after the earliest period allowed by law.
_______________________________________
KRIS LEE, MAYOR
PASSED: _______________________
ATTEST:

_______________________
CLERK OF COMMISSION

The Motion to adopt the foregoing Resolution was offered by____________________,
seconded by__________________________, and on roll call the following vote ensued:
Mayor Kris Lee

______________

Commissioner Thomas Hohman

______________

Commissioner Frank DeBrosse

______________

Commissioner Paul Simmons

______________

Commissioner Jim Vetter

______________

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

____________
____________
____________
____________
____________

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

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.

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-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-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-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-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

____________

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

☒

☐

☐

☐

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

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-6-24
AN ORDINANCE TO REGULATE BURNING ACTIVITIES
BE IT ORDAINED by the Commission of the City of Piqua, State of Ohio, a majority of all
members elected thereto concurring, that:

SECTION 1: The City of Piqua shall not allow the use of city owned property for the
destructive testing of batteries, equipment, or devices of any kind, including but not limited to
deflagration testing; and
SECTION 2: The City of Piqua shall not allow the use of city owned property for the intentional
setting of uncontained fires, defined as openly burning fires not mediated by a regulated tool,
device, or appliance, which has been designed to safely manage and control a combustion
reaction, except for the purposes of:
i.
cooking
ii.
heating
iii.
recreation
iv.
sanctioned pyrotechnic displays
v.
City maintenance, operation, or construction activities
vi.
emergency response activities
vii.
and for the training or certifying of firefighters or rescue personnel
participating in programs accredited under Chapter 4765 of the Ohio Revised Code3where
such excepted activities are otherwise compliant with all applicable laws and regulations;
SECTION 3: Training fires intentionally set on city owned property shall consist
EXCLUSIVELY of Class A, Class B, and Class K fires1;
SECTION 4: Training fires intentionally set on city owned property shall have fuel sources
consisting EXCLUSIVELY of organic materials and petroleum products; excluding hard
plastics, synthetic rubbers, and materials that are reasonably likely to result in a Class C or Class
D fire1; and excluding materials with a HAZMAT Material Classification Level2 which is not
either Class 2, Class 3, or Class 4; and not exceeding a fuel volume that is reasonably likely to
result in an unattended burn time of longer than 6 hours;
SECTION 5: Training fires intentionally set on city owned property shall have in attendance no
less than one firefighter, who is authorized by the State of Ohio with a certificate issued under
Section 4765.55 of the Ohio Revised Code4, during the entirety of the burn, from the time of
ignition, and who shall be responsible for declaring the burn “fully extinguished” at the
conclusion of the burn;

SECTION 6: Training fires intentionally set on city owned property shall be compliant with the
standards outlined in the National Fire Protection Association document “NFPA 1403: Standard
on Live Fire Training Evolutions”5, where not otherwise specified by applicable laws and
regulation;
SECTION 7: Any data captured, or recorded, during training fires intentionally set on city
owned property shall be considered a part of the public domain, regardless of the entity
conducting the test, and no data shall be considered the proprietary property of, or for the
exclusive use by, any organization or entity;
SECTION 8: Any violation of this ordinance shall result in a civil penalty of $150.00 for the
first violation, $300.00 for a second violation and $500.00 for a third violation;
SECTION 9: This ordinance shall be enforced by the city manager or his designee and any
violation may be appealed for hearing to the Board of Zoning appeals; and
SECTION 10: This Ordinance shall take effect and be in force from the earliest period allowed
by law.
1st Reading – 5/7/2024
2nd Reading – 5/21/2024
3rd Reading – 6/4/2024

_________________________________
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 James Vetter
Commissioner Frank DeBrosse
Commissioner Thomas Hohman
Commissioner Paul Simmons

____________
____________
____________
____________
____________

Address The Problem
Destructive testing of industrial energy systems,
including the burning of lithium-ion batteries.

Multi-Vector Attack Plan
Looking to the Past

Looking to the Future

Contamination Testing

Remove Permission

Investigation Committee

Make it Illegal

Make It Illegal: The Regulatory Stack
Why wasn’t this already illegal?

Local
State
Federal
Gaps in the Law Exist

Make It Illegal: The Regulatory Stack
Why wasn’t this already illegal?
How do we fix it?

Fill in the Gaps with NEW Law

Local
State
Federal
Gaps in the Law Exist

AN ORDINANCE TO REGULATE
BURNING ACTIVITIES UPON
PROPERTY OWNED BY
THE CITY OF PIQUA

SECTION 1:
The City of Piqua shall not allow the use of city
owned property for the destructive testing of
batteries, equipment, or devices of any kind,
including but not limited to deflagration testing
• This ordinance does not affect privately owned land. This ordinance will not change
anything for citizens living, working, or enjoying privately owned land.
• This ordinance makes it illegal to conduct destructive testing on anything, not just
batteries.
• Deflagration: as in to ignite, to burn rapidly with intense heat and sparks being given
off.

SECTION 2: (Part 1)
The City of Piqua shall not allow the use of city owned property
for the intentional setting of uncontained fires, defined as
openly burning fires not mediated by a regulated tool, device,
or appliance, which has been designed to safely manage and
control a combustion reaction

• This law covers willful acts.
• This law does not affect gas stoves, blow torches, lighters, candles, grills, or
combustion engines.

SECTION 2: (Part 2)
• except for the purposes of:

• This law does not cover these
1.cooking
activities. All applicable
2.heating
regulations still apply.
3.recreation
• This law does not cancel the 4th
4.sanctioned pyrotechnic displays
of July fireworks
5.City maintenance, operation, or construction
• This law does not affect regular
activities
city operations
6.emergency response activities
7.and for the training or certifying of firefighters or
• This law does not prevent
rescue personnel participating in programs
emergency responders from
accredited under Chapter 4765 of the Ohio Revised
doing their job
Code3
• where such excepted activities are otherwise • Chapter 4765 of the ORC
regulates professional first
compliant with all applicable laws and
responders, EMTs, and
regulations
firefighters

SECTION 3:
Training fires intentionally set on city owned property
shall consist EXCLUSIVELY of
Class A, Class B, and Class K fires1
From the NFPA

Class A

Fires in ordinary combustible materials, such as wood, cloth, paper, rubber, and many plastics.

Class B

Fires in flammable liquids, combustible liquids, petroleum greases, tars, oils, oil-based paints, solvents, lacquers,
alcohols, and flammable gases.

Class K

Fires in cooking appliances that involve combustible cooking media (vegetable or animal oils and fats).

https://www.nfpa.org/news-blogs-and-articles/blogs/2022/08/26/fire-extinguisher-ratings

SECTION 4:
Training fires intentionally set on city owned property
shall have fuel sources consisting EXCLUSIVELY of
organic materials and petroleum products; excluding
hard plastics, synthetic rubbers, and materials that
are reasonably likely to result in a Class C or Class D
fire1; and excluding materials with a HAZMAT
Material Classification Level2 which is not either
Class 2, Class 3, or Class 4; and not exceeding a fuel
volume that is reasonably likely to result in an
unattended burn time of longer than 6 hours;

SECTION 4: (Part 1)
Training fires intentionally set on city owned property
shall have fuel sources consisting EXCLUSIVELY of
organic materials and petroleum products;

• Specifying fires that are set for training purposes
• Specifying only property owned by city property, not private property
• Specifying the general category of material types that can be burned

SECTION 4: (Part 2)
excluding hard plastics, synthetic rubbers, and
materials that are reasonably likely to result in a
Class C or Class D fire1;
• Reducing the ‘general category’ of what can be burned by specifying what can not
be burned.
From the NFPA

Class C

Fires that involve energized equipment.

Class D
Fires in combustible metals, such as magnesium, titanium, zirconium, sodium, lithium, and potassium.
https://www.nfpa.org/news-blogs-and-articles/blogs/2022/08/26/fire-extinguisher-ratings

SECTION 4: (Part 3)
and excluding materials with a HAZMAT
Material Classification Level2 which is not
either Class 2, Class 3, or Class 4;
• Further reducing the ‘general category’ of what can be burned by specifying what
can not be burned.
• Hazmat Class 2: Gases
• Hazmat Class 3: Liquids
• Hazmat Class 4: Solids

SECTION 4: (Part 3)

SECTION 4: (Part 4)
and not exceeding a fuel volume that is
reasonably likely to result in an unattended burn
time of longer than 6 hours;

• The burn time if no one tried to put out the fire. Nothing longer than 6 hours.

SECTION 5:
Training fires intentionally set on city owned property
shall have in attendance no less than one firefighter, who
is authorized by the State of Ohio with a certificate issued
under Section 4765.55 of the Ohio Revised Code4, during
the entirety of the burn, from the time of ignition, and who
shall be responsible for declaring the burn “fully
extinguished” at the conclusion of the burn;
• If we’re training firefighters, it makes sense that there should be at least 1 firefighter
in attendance.
• ORC Section 4765.55 regulates who is a firefighter in Ohio.
• Don’t start without one. Don’t leave until its over.

SECTION 6:
Training fires intentionally set on city owned property shall
be compliant with the standards outlined in the National
Fire Protection Association document “NFPA 1403:
Standard on Live Fire Training Evolutions”5, where not
otherwise specified by applicable laws and regulation;
• NFPA is the Gold Standard for firefighter best practices.
• NFPA 1403 is the definitive rulebook on safely training the most effective firefighters
in the world.
• NFPA 1403 is not itself a law. This ordinance corrects that by adopting these best
practices into our local regulatory code and giving them the force of law.

SECTION 7:
Any data captured, or recorded, during training fires
intentionally set on city owned property shall be
considered a part of the public domain, regardless of the
entity conducting the test, and no data shall be considered
the proprietary property of, or for the exclusive use by, any
organization or entity;
• City owned property is to be used to benefit the public good.

SECTION 8:

Any violation of this ordinance
shall result in a civil penalty of
$150.00 for the first violation,
$300.00 for a second violation and
$500.00 for a third violation;

SECTION 9: This ordinance shall be enforced
by the City Manager, or his designee, and any
violation may be appealed for hearing to the
Board of Zoning appeals;
SECTION 10: This Ordinance shall take effect
and be in force from the earliest period
allowed by law.

ORDINANCE NO. O-7-24
AN ORDINANCE REPEALING AND REPLACING PIQUA MUNICIPAL
CODE SECTION 30.01
WHEREAS the Section 30.01 of the Piqua City Code authorizes the city manager
to settle various claim under $2500.00;
WHEREAS, the city receive numerous claims in a variety of departments over the
years that exceed this amount;
WHEREAS, it is in the best interest of the city to have the amount increased;
NOW THEREFORE BE IT ORDAINED by the Commission of the City of Piqua,
State of Ohio, a majority of all members elected thereto concurring, that:
SECTION I: The City of Piqua section 30.01 is repealed and replaced with new

ordinance 30.01 attached as Exhibit A

SECTION II: This ordinance shall be effective at the earliest time permitted by
law.
1st Reading – 5/7/2024
2nd Reading – 5/21/2024
3rd Reading – 6/04/2024

_________________________________
KRIS LEE, MAYOR
PASSED: _____________________________
ATTEST: ______________________________
DIANA L TAMPLIN
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

____________
____________
____________
____________
____________

30.01 CITY MANAGER; CERTAIN PURCHASES AND EXPENDITURES.
(A) The City Manager is authorized to direct the Director of Finance to draw his or
her warrant upon the appropriate fund of the city treasury for the payment of claims not
exceeding the statutory amount for competitive bidding as set by state law (currently,
ORC 9.17), and the City Manager is authorized to settle claims of the city against third
persons not exceeding the above-stated statutory amount. The City Manager may
require evidence that the amount claimed is justly due and is in conformity with law. For
the purpose of such settlements, the City Manager is authorized to sign and accept
releases or other contracts of settlement.
(B) The City Manager is authorized, at his or her discretion, to subscribe to trade
magazines and newspapers, and to join various trade organizations on behalf of the
city, providing that no individual membership and subscription shall exceed the sum of
$25,000 per annum without first obtaining the authorization of the City Commission.
(C) The City Manager is authorized, at his or her discretion to direct the Director of
Finance to draw his or her warrant upon the appropriate funds of the city treasury for the
purchase of memorabilia, not exceeding $200 per item, as gifts in recognition of public
services rendered in the best interest of the city or in recognition of events or
achievements relevant to the public health, safety and welfare of the citizens of the city.
(‘97 Code, § 30.06) (Ord. 4-58, passed 2-3-58; Am. Ord. 66-80, passed 10-20-80; Am.
Ord. 42-94, passed 9-6-94; Am. Ord. 21-95, passed 6-5-95; Am. Ord. 11-06, passed 51-06; Am. Ord. 22-12, passed 10-16-12)

RESOLUTION NO. R-68-24
A RESOLUTION AWARDING A CONTRACT
TO M & T EXCAVATING, LLC FOR THE
RIDGE STREET WATER MAIN EXTENSION
PROJECT
WHEREAS, on December 12, 2023, this Commission passed Resolution No.
R-140-23 authorizing the City Purchasing Analyst to advertise for bids, according to law,
for the Ridge Street Water Main Extension Project; and
WHEREAS, after proper advertisement, bids were opened resulting in the
tabulation of bids as listed in Exhibit A attached hereto;
NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Piqua,
Miami County, Ohio, the majority of all members elected thereto concurring, that:
SEC. 1:
A contract is hereby approved with M&T Excavating, LLC as the
lowest, responsible bidder for the Ridge Street Water Main Extension Project and the City
Manager is hereby authorized to execute a contract with said bidder pursuant to contract
specifications.
SEC. 2:
The Finance Director certifies that funds are available and is
hereby authorized to draw his warrants from time to time on the appropriate account of
the city treasury in payment according to contract terms, not exceeding a total of
$219,000.
SEC. 3:
This Resolution shall take effect and be in force from and after the
earliest period allowed by law.
____________________________
KRIS LEE, MAYOR
PASSED: _______________________
ATTEST:

_______________________
DIANA TAMPLIN
CLERK OF COMMISSION

The Motion to adopt the foregoing Resolution was offered by___________________________,
seconded by__________________________________, and on roll call the following vote ensued:

Mayor Kris Lee
_____________________
Commissioner Frank DeBrosse _____________________
Commissioner Jim Vetter
_____________________
Commissioner Paul Simmons
_____________________
Commissioner Thomas Hohman _____________________

EXHIBIT "A"
CITY OF PIQUA OHIO - RIDGE STREET WATER MAIN EXTENSION
PROJECT #15-07
DEADLINE: APRIL 18, 2024 AT 10:00 AM
BID TABULATION
BID ITEM LIST
Bonding and Insurance - LS
Mobilization - LS
Remove Asphalt Pavement - SY
Abandon Existing Waterline and Services - LS
Aggregate Base - CY
Non-Tracking Tack Coat - GAL
AC Surface Course - CY
AC Intermediate Course - CY
Gravel Drive Replacement - LS
Concrete Drive Replacement - LS
8" D.I. Waterline with granular backfill - LF
6" Tapping Sleeve and Valve - EA
8" Water Valve - EA
6" Water Valve - EA
1" Water Service - Open Cut - LF
Water Meter - EA
Fire Hydrant Assembly - EA
3/4" Chlorination Tap - EA
Existing Water Connections - LS
Misc. Bends and Fittings - LS
Maintaining Traffic - LS
Construction Staking - LS
Seeding and Mulching - LS
Dewatering Allowance - LS
Erosion Control - EA
Storm Water Pollution Prevention Plan - LS
TOTALS

M&T Excavating, LLC.
Bradford, OH 45308-9502
Quantity
1
1
300
1
100
30
15
25
1
1
501
1
1
1
150
9
1
1
1
1
1
1
1
1
2,500
1

Price
$5,695.00
$6,700.00
$9.00
$3,296.00
$86.00
$13.00
$737.00
$737.00
$1,000.00
$5,829.00
$125.00
$5,748.00
$2,929.00
$1,999.00
$99.00
$1,497.00
$6,932.00
$906.00
$2,311.00
$2,010.00
$2,010.00
$1,340.00
$2,680.00
$2,010.00
$1.00
$2,680.00

Extension
$5,695.00
$6,700.00
$2,700.00
$3,296.00
$8,600.00
$390.00
$11,055.00
$18,425.00
$1,000.00
$5,829.00
$62,625.00
$5,748.00
$2,929.00
$1,999.00
$14,850.00
$13,473.00
$6,932.00
$906.00
$2,311.00
$2,010.00
$2,010.00
$1,340.00
$2,680.00
$2,010.00
$2,500.00
$2,680.00
$190,693.00

Finfrock Construction Co., Inc.
Covington, OH 45318-1403
Price
$2,200.00
$4,381.00
$9.50
$4,588.00
$69.00
$26.00
$656.00
$684.00
$1,265.00
$3,110.00
$137.00
$5,294.00
$2,984.00
$2,190.00
$87.00
$2,265.00
$9,558.00
$900.00
$5,844.00
$5,386.00
$1,784.00
$1,622.00
$3,668.00
$270.00
$1.00
$1,914.00

Extension
$2,200.00
$4,381.00
$2,850.00
$4,588.00
$6,900.00
$780.00
$9,840.00
$17,100.00
$1,265.00
$3,110.00
$68,637.00
$5,294.00
$2,984.00
$2,190.00
$13,050.00
$20,385.00
$9,558.00
$900.00
$5,844.00
$5,386.00
$1,784.00
$1,622.00
$3,668.00
$270.00
$2,500.00
$1,914.00
$199,000.00

Piqua Receives $100,000 State Grant for Critical Water
Infrastructure Upgrades
(COLUMBUS, Ohio) — The City of Piqua is one of 90 projects receiving state grants to address critical water and
wastewater infrastructure projects in Ohio communities. In total, 64 counties will receive $135 million.
The funding comes from Ohio Governor Mike DeWine’s Ohio BUILDS (Broadband, Utilities, and Infrastructure for Local
Development Success) water infrastructure grant program, administered through the Ohio Department of
Development.
Today’s award will support the City of Piqua Water Infrastructure, it will receive a $100,000 grant to replace a 2-inch
watermain on Ridge Street with an 8-inch main. The current main is undersized and serves seven homes. Replacing this
main will allow for a greater volume of water, and the addition of a fire hydrant on South and Ridge streets will provide
enhanced fire protection. The project will benefit 100 people.
“From the first dollar awarded through this program to now, we’ve made hundreds of transformative investments in
the future of our communities,” said Governor DeWine. “Having a strong water infrastructure not only safeguards the
health and well-being of our residents, but it makes our neighborhoods more resilient and better prepares local
leaders for sustainable economic growth.”
Today’s announcement is the fifth round awarded through the program, which opened in July 2021. In total, nearly
$500 million has been awarded to 343 critical infrastructure projects through the Ohio BUILDS water infrastructure
grant program.
“This additional round of funding will help communities from one corner of the state to the next replace aging,
overwhelmed infrastructure, ensuring that Ohioans have access to clean drinking water,” said Lt. Governor Husted.
“These projects will not only greatly improve the quality of life for residents in these areas, but they also boost
economic growth related to business expansion and housing development.”
In total, the program received more than 1,200 grant applications requesting nearly $1.4 billion in funding.
“Businesses that choose to set up shop in Ohio do so, in large part, because of the generational investments we’ve
made in local infrastructure,” said Director Mihalik. “Through the vision of Governor DeWine and Lt. Governor Husted,
and the support of our state legislature, we’re creating more opportunities for communities large and small to be
Ohio’s next great economic success story.”
Funds awarded today will help reduce or eliminate the local financial burden associated with critical infrastructure
needs such as the construction of new water systems, the replacement of aging water lines, and the installation of
new water mains. Grants will also fund projects to prevent sewer system backups and replace failing household
sewage treatment systems with new sewers.
Utilities Director, Kevin Krejny, stated “After large investments to Piqua’s Water Treatment Plant and Wastewater
Treatment Plant and WWTP, our future priorities are focused on replacing buried infrastructure, and this is one of
those projects. This project has already been designed and will be completed in 2024. “

The Ohio BUILDS water infrastructure grants are a continuation of Governor DeWine's H2Ohio initiative, which
launched in 2019 to focus on ensuring plentiful, clean, and safe water for communities across the state.
Ohio BUILDS focuses not only on strengthening Ohio's communities through water infrastructure upgrades, but also
supports other necessary investments in targeted solutions that impact quality of life such as broadband expansion,
brownfield redevelopment, the demolition of blighted buildings, and more.
Additional information on the Ohio BUILDS water infrastructure grant program can be found on the program
webpage.
The Ohio Department of Development empowers communities to succeed by investing in Ohio’s people, places, and
businesses. Learn more about our work at development.ohio.gov.

For Immediate Release:
July 21, 2023

For program information, contact:
Sarah Wickham
[email protected]
For Ridge Street Water Improvements information, contact:
Kevin Krejny
[email protected]

Office of Communications & Marketing • 77 South High Street • P.O. Box 1001 • Columbus, Ohio 43215 • U.S.A. • 614 | 466-2609
The State of Ohio is an Equal Opportunity Employer and Provider of ADA.

Item # R-XX-24

Commission Agenda
Staff Report
MEETING DATE

May 7, 2024

REPORT TITLE

A Resolution awarding a contract to M&T Excavating, LLC for the Ridge Street
Water Main Extension Project.

SUBMITTED BY

Name & Title: Kevin Krejny, Utilities Director
Department: Utilities Department
Consent

AGENDA CLASSIFICATION

X City Manager
Asst. City Manager/Development
X Department Director

APPROVALS/REVIEWS

BACKGROUND

Ordinance

Resolution

Regular

X Finance
Law Director
Other:

On April 18, 2024, two bids were received for the Ridge Street Water Main
Extension Project (see attached Exhibit A).
The project will consist of the replacement of the existing water main, services
and associated fittings from Grant Street to South Street on Ridge Street. The
water main size will be increased to the appropriate 8” residential size.

BUDGETING AND
FINANCIAL IMPACT

OPTIONS

PROJECT TIMELINE

Budgeted $:

$250,000

Expenditure $:

$219,000 (includes 15% contingency)

Source of Funds:

$100,000 DOD Grant, Water Fund - 403

Narrative:

This resolution includes a 15% contingency for items of
work which may be required which are not included in
the original plans and specifications. This also accounts
for any overages that may occur.

1.

Approve the resolution and complete the Ridge Street Water Main
Extension Project.

2.

Do not approve the resolution and do not complete the Ridge Street Water
Main Extension Project.

It is anticipated that the Ridge Street Water Main Extension Project will be
completed by October 31st.

STAFF RECOMMENDATION

Approve the resolution to allow for the completion of the Ridge Street Water
Main Extension Project.

REASON FOR SELECTING
CONSULTANT/COMPANY

Lowest bidder following the public bidding process.

ATTACHMENTS

Bid Tabulation (Exhibit A)

RESOLUTION NO. R-69-24
A RESOLUTION TO ADOPT THE MIAMI COUNTY 9-1-1 FINAL PLAN FOR THE MIAMI
COUNTY COMMUNICATION CENTER
WHEREAS; the City is served by the Miami County Communication Center.
WHEREAS; the Miami County Communication Center prepared and adopted a Miami
County 9-1-1 Final Plan in accordance with Ohio Revised Code Section 128.
WHEREAS; the City of Piqua must acknowledge receipt of said Miami County 9-1-1 Final
Plan and approve or disapprove of said plan.
NOW, THEREFORE, BE IT RESOLVED, by the Commission of the City of Piqua, Miami
County, Ohio, the majority of all members elected thereto concurring,
SEC. 1:

The City of Piqua approves the Miami County 9-1-1 Final Plan attached as
Exhibit A.

SEC. 2:

The Clerk is hereby directed to send the Miami County Communication
Center a copy of this Resolution to the attention of Ms. Beth Hull, Director,
Miami County Communication Center, 210 Marybill Drive, Troy, OH 45373.

SEC. 3:

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

_______________________________
MAYOR
PASSED: _______________________
ATTEST:

_______________________
CLERK OF COMMISSION

The Motion to adopt the foregoing Resolution was offered by___________________
seconded by___________________ and on roll call the following vote ensued:
Commissioner James Vetter

__________

Commissioner Paul Simmons

__________

Commissioner Kris Lee

__________

Commissioner Thomas Hohman __________
Commissioner Frank DeBrosse

__________