BG may ‘evict’ non-conforming zoning properties in 28 years

Monday's Bowling Green City Council meeting

By JAN LARSON McLAUGHLIN

BG Independent News

Bowling Green City Council is considering kicking “grandpa” out of its zoning code.

On Monday evening, council heard the first reading of an ordinance that would sunset non-conforming zoning uses after 28 years. 

The primary non-conforming properties in the city are rental housing properties, said Council President Mark Hollenbaugh. Such a “grandfathered” property could house far more renters than the current zoning code, he said.

Hollenbaugh explained after the meeting that Bowling Green currently has “several hundred” properties considered pre-existing and non-conforming with the zoning code.

If the ordinance is adopted “in 28 years, all properties have to adhere to the zoning code.”

Currently, many properties are “grandfathered in,” meaning the old zoning continues to apply to existing uses, while the new zoning will apply to all future cases.

Hollenbaugh pointed out that City Council considered a similar ordinance in 1989. If that had passed, it would have gone into effect in 2019, he said.

The period of 28 years was selected because the city has to give someone who just bought the property a chance to recoup their investment, according to the IRS. The IRS considers that period to extend 27.5 years.

With the adoption of the city’s updated zoning code earlier this year, that means an end to non-conforming uses.

“There would be no grandfathered property after 28 years,” Hollenbaugh said. “We have 28 years to prepare for it. It’s not going to be an overnight change.”

A public hearing will be held on the zoning code ordinance on Sept. 7 at 6 p.m.

Also at the meeting, Public Services Director Joe Fawcett updated City Council on security cameras in City Park. Some have been placed in the middle area of the park and have been helpful in preventing vandalism, he said. Additional ones will be installed in the area of the stone shelter and the skatepark.

The city’s electric division is diverting resources to the park to complete the camera installations, Fawcett said.

Council also heard the first reading of a resolution to file applications for funding from the Wood County Park District’s local park improvement grant program. BG Parks and Recreation staff intend to apply for funds to help purchase a climbing rock (playground equipment) for the Children’s Garden at Simpson Garden Park, sports equipment for Carter Park, and security cameras for use throughout the park system.

In other business, council revisited two resolutions introduced in June involving Issue 1 on the Aug. 8 ballot.

One resolution urged Bowling Green residents to vote “no” on Issue 1. The other urged citizens to decide for themselves how to vote. Both – destined to fail getting enough votes – were postponed indefinitely.

Also at the meeting, city officials praised the persistence of the city’s IT team, and the patience of the public during the disruption of city emails and phone systems last week.

“Our staff really rose to the occasion,” Municipal Administrator Lori Tretter said.

Mayor Mike Aspacher also thanked the public and staff for their patience during the city administrative office move into the new building.

“We’re mindful of the fact it’s not easy to get to us right now,” he said.

Old city building being demolished

Aspacher mentioned the demolition of the old city building going on now, and Tretter said the new city parking lot is still a couple months away.

In other business at the meeting:

  • BG Chamber of Commerce Executive Director Mary Hinkelman thanked the city for its financial support of the fireworks in July.
  • Public Infrastructure Director Brian O’Connell reported that his office has been awarded a $1.18 million grant from the state, and is applying for an EPA loan.
  • Damon Sherry urged voters to cast a “no” vote on Issue 1 on Tuesday’s ballot. He said it would make future citizen-initiated constitutional changes nearly impossible.
  • Hollenbaugh reported that a strategic planning meeting for City Council will be held Sept. 11, at 6 p.m., in the meeting room adjacent to council chambers.

Prior to the meeting, city Finance Director Dana Pinkert presented a quarterly update to the Finance Committee of City Council.