Legislative Update #10

Wow!  It’s already time for my tenth legislative update. Monday, June 1st, City Council held a regular meeting. Seven pieces of legislation were introduced and three were adopted.

If you are interested in jumping to the zoning code update that included changes to front yard setbacks for accessory use structures like swing sets and pergolas, it is Ordinance 9354 at the end.

Resolution 3908 adopting the estimate of revenues for the year 2027 was introduced. A revenue estimate, an estimate of debt service fund expenditure, and annual financial statement is required by the County Auditor.

Resolution 3909 declaring it necessary to renew with an increase an existing tax for the purpose of providing funds for parks and recreation purposes and requesting the Wood County Auditor to certify the total current tax valuation of the City and the dollar amount of revenue that would be generated by that levy, and declaring the necessity of a levy in excess of the maximum rate authorized by law without a vote of the electors of 2.95 mils was introduced. As previously announced at last week's Parks and Recreation Board meeting, a recommendation was made to renew the 5 year 2 mil tax levy that funds a large part of the Parks and Recreation Department with an increase of 0.95 mils. There has not been an increase in millage for 10 years. Expenses have increased and are not expected to drop. The estimated cost increase for the owner of a $250,000 home would be about $7 per month. This resolution will be submitted to the County Auditor in order to have the estimated property tax generated by the levy certified.

Resolution 3910 determining to proceed to submit to the electors of the City of Bowling Green, Ohio, the question of a renewal with an increase tax in excess of the 10 mil limitation for the purpose of providing 2.95 mils for parks and recreation purposes in the City of Bowling Green was introduced. This is what authorizes submission for the ballot.

Ordinance 9359 providing supplemental and/or amending appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2026 and ending December 31, 2026 was introduced, given three readings after suspending the rules, and adopted. This appropriates funds. Most of it was for grant funds.

Ordinance 9360 for cleaning of streets by special assessment was introduced. This annual legislation is passed to levy assessments for street sweeping and snow removal.

Ordinance 9361 authorizing the Municipal Administrator to seek qualifications, advertise for bids, and enter into contracts for design, engineering, right-of-way acquisition, construction, and other services relating to the construction of a shared use path on North Main Street from Poe Road to Nims Road and declaring an emergency was introduced. This is for design and right-of-way acquisition for the North Main shared use path. The City received Safe Streets for All grant funding for this pedestrian and bicycle infrastructure.

Ordinance 9362 amending and adopting changes to Section 30.101(B) of the Codified Ordinances of the City of Bowling Green, Ohio, regarding Historic Preservation Commission was introduced. The current membership rules for the Historic Preservation Commission require 5-7 members who all must be city residents. At least 2 members will live on the east side of Main St and at least 2 members on the west side. One member must own a downtown building or business. All members must have a demonstrated special interest, experience, or knowledge in history, architecture, historic preservation, or related disciplines. At least two members must be preservation related professionals to the extent possible. All of those requirements have made finding Commission members difficult. This ordinance proposes to change the east side west side residency requirement to a strong preference for members from each of the four wards. It also changes the professional experience and special interest to an and/or.

Ordinance 9356 creating Section 35.42 of the Codified Ordinances, related to Deposit of Public Moneys was adopted. This adopts a policy for handling and depositing public money in accordance with Ohio Revised Code 9.38.

 Ordinance 9354 amending and adopting certain sections of Chapter 150 of the Codified Ordinances, regarding zoning code was amended and adopted. Prior to the Council meeting, the Planning, Zoning, and Economic Development Committee held a public hearing on this ordinance. The Planning Director walked the committee through all of the proposed changes.

There were changes to over a dozen sections. The changes I received resident feedback on were related to two changes to Table 22: Accessory use setback table. Under the current zoning code, if an accessory use structure is more than 100 square feet it has the same front yard setback as a principal structure. For most residential areas, that front yard setback is 20 or 25 feet. The proposed change was to apply the same front yard setback to accessory use structures less than 100 sqft whether they were functionally attached to the principal structure or not, as well. The code lists examples of those structures including swing sets or play houses, decks, rain gardens, pergolas or trellises, and tree houses.

I was pleased to find out people are reading my legislative updates and reaching out to Council with concerns and suggestions on proposed legislation. I and other council members heard from multiple people with concerns over swing sets not being allowed in front yards. They cited the joy of seeing children outside playing and the sense of place and community that creates. Multiple members of council worked on amendments to the legislation including myself with the goal of allowing more usage of front yard spaces.

The amendment that was adopted changes the setbacks for decks, pergolas, trellises, rain gardens, swing sets, play houses, and tree houses to a minimum of three feet from all lot lines. They also cannot be located in utility easements. I had concerns about rain gardens being included as gardens are not required to comply with minimum setback requirements. I thought it could be confusing for residents and difficult for enforcement. But ultimately, we can add a separate definition of garden if necessary.

One of the questions a zoning code seeks to answer is what kind of place do we want to be. I think the answer we received was one of vibrant community. I am grateful to the people who came forward to share their vision for our neighborhoods. I agree that Bowling Green should be a thriving active place where neighbors become friends and a passing stranger is greeted with a smile.

The next City Council meeting is Monday, June 15th at 7 pm.