WATERVILLE TOWNSHIP – Waterville Township’s Data Center Advisory Committee (DCAC) is researching everything from lighting and setbacks to architectural regulations and public safety – with a goal of recommending changes to the township’s zoning resolution within the next few months, Toby Miller told trustees Kyle Hertzfeld and Julie Theroux during a March 25 meeting.
Any changes to the zoning book require a 3- to 6-month process involving the Lucas County Planning Commission, the Zoning Commission and Board of Zoning Appeals – with public hearings along the way. But during the past two meetings, the DCAC found that some changes can be enacted by the trustees right now – resolutions that can provide protections in the event that a data center developer approaches the township, Miller said.
The first resolution is based on Ohio Revised Code 505.373, which authorizes the trustees to adopt standard fire codes to ensure public safety, health and welfare. The code allows trustees to adopt regulations governing fire hazards, prevention and safety systems for buildings and premises. This is specifically focused on high-energy, high-risk facilities, including data centers and fuel storage facilities that present risks of fire and explosions, Miller added.
“We’re not inventing our own fire code. We’re simply saying that we have one and our local officials are empowered to enforce it,” Miller said, noting that the resolution gives the fire and police chiefs a chance to review projects’ fire and safety plans and make recommendations before any decision is made.
The trustees passed the resolution with an amendment specifying that it covers residential units larger than a duplex and all commercial, industrial and other large facilities.
A second resolution covers the conditional use permit (CUP) process. The zoning inspector, Jim Fischer, is the first to receive an application for a CUP – which is what would be necessary for a data center to operate on agriculturally-zoned land. The permit process includes sending the application to the county, the township Zoning Commission and the Board of Zoning Appeals (BZA) for a final decision.
With the passage of the resolution, trustees now have an opportunity to review high intensity, high risk projects, and suggest guidelines for the BZA to consider when imposing conditions attached to the permit, Miller said.
“This says that when we get a conditional use permit application, the trustees are also to be notified. We’re able to convene a review meeting prior to the BZA having their meeting,” he said, adding that the trustees could seek input from the police and fire departments and Toledo Lucas County Health Department when making those recommendations to the BZA.
“This resolution doesn’t indicate to the BZA which way to vote or change their powers. This just gives the trustees a method to provide input in the process,” Miller said.
The township enacted a 12-month data center moratorium in December to allow time to strengthen its zoning code, using information from the committee. Some committee members – and some of the dozen data center opponents who held signs outside earlier in the evening – were in attendance.
During the meeting, the trustees also:

-Agreed to purchase three properties totaling 5.4 acres from CP Farms LLC: at 0, 8300 and 8380 Dutch Road. The properties abut both sides of U.S. 24. One portion contains a red barn at the intersection with Waterville-Monclova Road, while the other section is on Fischer Drive – an access road between U.S. 24 and Coventry Glen. Both the Lucas County Engineer and Klumm have asked for space to store road salt and equipment. The barn will likely remain, and the areas along Fischer, which are in the floodway, cannot have structures on them, but could include a gravel parking area or possibly a tarped storage area for salt. Miller said he would seek input from the county engineer.
-Learned that Whitehouse resident Jim Schlievert is retiring from Toledo Police Department and joining the Waterville Township Police Department as a full-time staff member.
-Heard Miller say that he had productive meetings with Whitehouse officials regarding a request by two landowners to annex out of the township into the village. Trustees had expressed concern that the village might be allowing annexation in an area designated as off-limits in a standing annexation agreement with the village. Negotiations will continue on whether the two properties – one on Finzel south of S.R. 64 and another at the northeast corner of Winslow and Whitehouse-Spencer – will be approved. Miller said part of the discussions include extending the annexation agreement and cooperating on Joint Economic Development Districts (JEDDs) with the village.
-Listened to Terry Beam ask Fischer for information on how the borrow pit at the northeast corner of Waterville Monclova and Dutch Road – just west of the new Dutch Road Storage facility – will be filled. Geddis Paving plans to use clean grindings to fill in the hole, Fischer said.
In other township news, the Zoning Commission met on March 16 to consider a request by Dutch Road Storage owners to erect an electronic billboard sign along S.R. 24. Commission Members Bill Burkett, Shelly Hayes, Bob Long, Keith Moosman and Jon Poponak discussed the current language and $10,000 application fee for such signs.
With input from Fischer, Miller and Dutch Road Storage Co-Owner Jim Moline, the commissioners reviewed Miller’s proposal for changes to section 12.8 of the zoning resolution, which governs electronic off-premise billboards.
While the sign proposed by Moline will be on site, it is considered an “off-premise sign” because it will include advertising sold to off-site businesses, Burkett explained.
Only two such signs will be allowed in the township, and only along U.S. 24. Ohio Department of Transportation (ODOT) has its own set of regulations that must be followed, governing distance from ramps, interchanges, signalized intersections, residences and other electronic billboards. Rules also cover brightness, size and the types of images. The brightness must be reduced between sunset and sunrise, and should prevent glare affecting roadway users or nearby residences.
The maximum height is 35 feet, with 672-square-feet per space. Each image on the sign must remain up for 8 seconds minimum, and cannot include animation, scrolling, flashing or video. It must be capable of displaying Amber Alerts, weather emergencies, road closures and notices from authorized governmental agencies. Up to 10 percent of the display time must be for noncommercial safety or community messaging by governmental or emergency management agencies.
The commission agreed to recommend that the Board of Trustees review the new language and also consider what type of fee is reasonable instead of the current $10,000 application fee for a conditional use permit – a fee that Miller was advised is “punitively high.”
The proposed revision to the zoning resolution governing the off-premise signs will be sent to the Lucas County Planning Commission for review, then move on to the township Zoning Commission and the trustees for a final decision. Each step of the way will allow for public comment.























