BG council to address non-conforming occupancy uses

The city of Bowling Green’s Planning, Zoning and Economic Development Committee on Thursday will hold a public hearing on legislation that would “sunset” non-conforming occupancy uses for properties in the city after 28 years.

The hearing will be held at 6 p.m. in Council Chambers.

During its Aug. 7 meeting, council introduced the ordinance, which amends sections 150.85, 150.87 and 150.89 of the Codified ordinances. According to the legislative package document prepared for council when the legislation was introduced, “per request of Council President Mark Hollenbaugh, this legislation sunsets non-conforming occupancy uses after” 28 years. The legislation relates to non-conforming properties in the city; if approved, after the 28-year time period, the properties would be required to adhere to the city’s zoning code.

The language of the ordinance, in part, notes that “City Council has determined that pre-existing non-conforming uses with respect to occupancy level in all residential districts within the city should be discontinued in order to achieve compliance with the goals and objectives of the zoning ordinances passed in 1975 and 2023 and amended from time to time, and to achieve the goals and objectives of the city’s master plan, and to protect the value of property within the city, and to encourage the revitalization of blighted areas, and to lessen the over-crowding of residential neighborhoods, and to reduce over-use of municipal services and systems, and to instill neighborhood vitality, and to promote aesthetic harmony in residential districts in the city…”, and “the collective affect of the pre-existing non-conforming structures, dwellings, buildings, or premises with respect to occupancy level in all residential districts which do not conform to the regulations for said districts constitute a nuisance.”

The ordinance received its third reading during Monday’s council meeting, but was tabled by Councilwoman Rachel Phipps, who also chairs the Planning, Zoning and Economic Development Committee, and who noted Thursday’s public hearing. The legislation was tabled until council’s next meeting on Sept. 18.

During Monday’s meeting, resident Bryan Wiles addressed council about the legislation, noting that he owns several properties in town and has tried to provide safe, affordable housing. Wiles said he has concerns about the legislation, including that it might hinder smaller landlords like himself from purchasing smaller properties and improving them.

In other business, council:

• Heard from resident Abhishek Bhati, who noted that council will shortly be holding their annual strategic planning meeting on Sept. 11. He said that according to the U.S. Census, the median income in the city is $37,000, and the median house price is over $200,000. He urged council to think about new ways to increase more affordable housing in the city.

• Heard from resident Steve Ricard, who said he represented the BG Strong community group. Also noting the upcoming strategic planning session, he encouraged council to consider suggestions made by the group, including that the city cancel its agreement with the Wood County Health Department for property inspections and reallocate those funds to city code enforcement; that the city impose and collect fines for the failure of landlords to register their rental properties; and that the city continue to look into the issue of short-term rentals in the city.

• Heard from Economic Development Director Kati Thompson, who made a brief presentation and answered questions from council about legislation concerning the creation of Bowling Green Community Reinvestment Areas East and West, and a temporary moratorium for some residential building fees. These items received their second reading on Monday. Those pieces of legislation are “aimed at new development which supports goals to increase the diversity of housing options in the city,” according to a legislative package document prepared for council. The ordinance “provides a limited-time moratorium on permit fees for residential building. The specifics… are related to planning review, inspection fees, and other permits related to construction such as utilities and site development. Other cities have successfully utilized similar programs including Napoleon, Ohio. The moratorium will expire on December 31, 2025.” The second resolution was related to the city’s CRA program and “updates that legislation to flesh out the program as it relates to residential housing. Additionally, the State of Ohio has passed new legislation relating to CRAs and this updates the city’s legislation to reflect these changes to state laws.”

• Heard from Bowling Green State University women’s soccer coach Jimmy Walker, who noted that the team will play Notre Dame at 1 p.m. on Sunday.

“They’re top ten in the country, number one seed in the NCAA tournament,” said Walker of Notre Dame. “It’s going to be a big game for us, great opportunity for the community to get behind the program.”

• Heard from Public Infrastructure Director Brian O’Connell, who said that three city electrical lineman were sent to Florida, along with workers from other Ohio communities, to assist with storm damage there. He said that the lineman were sent Aug. 29, have been working in an area that experienced extensive damage, and that they are expected back Friday.

• Introduced a resolution authorizing the city to participate in the Federal Land and Water Conservation Fund Program, and to file an application and accept grant funding upon the approval of a grant application. According to the legislative package document prepared for council, “Parks and Recreation Department staff will be applying for this funding to use towards the construction of six outdoor pickle ball courts at the BG Training and Community Center site. The ARPA funds that Council previously authorized for these courts, along with the money that has been raised through the BG Parks and Recreation Foundation, will be used as matching funds should money from the LWCF program be awarded.”

• Introduced a resolution in support of the Bowling Green school system, and specifically the public high school levy on the Nov. 7 ballot. According to the document, “per request of Council Member (Bill )Herald, with input from Council Members (Jeff) Dennis, (Rachel) Phipps and (Mark) Hollenbaugh, this legislation is to show support for the November bond issue to build a new high school.”