Bowling Green Planning Commission on Wednesday held a public hearing on a slate of suggested edits to the city’s new zoning code.
The commission ultimately voted to recommend that council approve the edits, after lengthy discussion on one proposed change.
“With the zoning code adopted over a year ago, staff has had time to gauge what is working well, sections that need clarity, and sections that need improved,” wrote Planning Director Heather Sayler in a lengthy memo to the commission outlining the edits last month.
One suggestion is that a design standard be added “that a porch covered by a roof be required for new construction in residential zoning districts, … This would be a small step to add architectural character to new construction, rather than just having a few steps to a main entry of a dwelling unit,” Sayler wrote.
Another suggestion would change the maximum width of a driveway for a one-unit or two-unit dwelling use from 10 feet to 20 feet (leaving that it can still be as wide as the garage, whichever is greater) and add that all driveways are required to follow the city’s Access Management Policies and Guidelines, which is helpful to minimize wide curb cuts and the number of curb cuts. The driveway width limitation has resulted in several variances (10 as of July), another indication of a regulation needing to be reviewed for potential changes, Sayler wrote.
A further suggestion would affect some landscape requirements for developments, changing the interior landscape island requirement from a 4-inch diameter tree to a 2-inch diameter tree, and perimeter landscaping from six shrubs to four shrubs, for every 50 lineal feet, rather than 30 lineal feet. Sayler wrote that current landscaping requirements “are significant and costly. There has been one variance request so far on this and concerns have been received about this requirement being intensive. This recommendation came from the city arborist.”
“It saves several hundreds of dollars on one tree, and it actually tends to grow better,” Sayler said of the proposed change during the commission’s Aug. 7 meeting.
Other proposed alterations include dealing with front yard setbacks in the University Residential District, clarifying that pools are not allowed in front yards, as well as street trees and signage regulations. Among the proposed signage regulations would be the prohibition of signs that are made of bed linens, tarps, and untreated or unfinished plywood.
During Wednesday’s meeting, commission member Mark Remeis brought up an issue with a proposed change to signage regulations for businesses. Under the proposed change, a business would be allowed to have one temporary sign per calendar year, up to 90 days. He noted that that could pose a hardship for real estate signage. He ultimately suggested that real estate signage to lease or sell property be exempted.
The topic prompted lengthy discussion lasting more than 30 minutes from the commission. Sayler noted that under a 2015 Supreme Court case, cities can only regulate signs by placement, size and height, and not content. While she said that the city of Athens, Ohio, does regulate real estate signs, she said she wasn’t certain such a regulation would stand up to a lawsuit.
“Whatever we do should be mindful of the business owner, the property owner and the legal right to advertise, market, whatever it is they think they’re doing with a sign,” said Remeis later.
The commission ultimately voted unanimously to remove real estate signs, which state a property is for sale or lease, from the definition of temporary signs under the zoning code. The commission subsequently voted to recommend that council approve the proposed edits to the zoning code.
Commission chair Bob McOmber noted that the commission itself does not have the final word on the edits – the matter now goes on to city council, which must also hold a public hearing on the topic.
