Legislative Update #9

Yesterday, Monday, May 18th, City Council held a regular meeting at 7 pm. Two pieces of legislation were introduced and three were adopted. Also at the meeting, there was a special recognition of Julia Barnett, a Bowling Green High School senior, for being awarded the Lyle B. Wright Scholarship from American Municipal Power (AMP). Alex Roth, manager of member relations for AMP, shared her many activities and accomplishments. Congratulations, Julia!

Resolution 3907 authorizing the Mayor to apply for, accept, and administer funding under the Community Development Block Grant (CDBG) Entitlement Program was introduced. Community Development Director Matt Snow provided a report to Council on the activities of his department. The awarded amount for CDBG for fiscal year 2026 which begins September 1st is $276,540. The Annual Action Plan for CDBG, required by the Department of Housing and Urban Development, is in process. The public comment and review period is open until June 8th. The proposed plan is on the City’s website.

Ordinance 9358 authorizing the Utilities Director to enter into an Electric Rate Stabilization Agreement with American Municipal Power was introduced. Sawvel & Associates recently presented a new Electric Cost of Service and Rate Study to the Board of Public Utilities. The recommendations included borrowing to meet required debt service ratio and stabilizing rates through AMP’s rate stabilization program.

Ordinance 9357 granting an easement to Columbia Gas for the Evergreen Terrace Gas Service Upgrade Project and declaring an emergency was adopted after the rules were suspended to give its third reading. This easement was requested for a gas line connection project running through City property.

Ordinance 9351 amending and adopting Chapter 33 of the Codified Ordinances of the City of Bowling Green, regarding employment policies was adopted. This updates job titles, creates an Administrator – Community Development position, and updates language.

Ordinance 9353 creating Section 124 of the Codified Ordinances of the City of Bowling Green, concerning Short-Term Rentals was amended multiple times and then adopted as amended. This legislation created regulations and requirements for short-term rentals (STRs). STRs will have the same registration and inspection requirements as other rental dwellings in Chapter 121. Unique to STRs, there will be a $150 annual registration fee. I moved to exempt Bed and Breakfasts Inn from this requirement to match the exemption in Chapter 121. Occupancy will be limited to two people per bedroom plus three more. For example, a three bedroom unit could have no more than 9 occupants.

I voted against an amendment that was adopted by a majority of Council. STR owners will be required to keep records of the total number of available off-street parking spaces and require that their guests use all off-street parking before using on-street parking. No other business or property user is required to use off-street parking rather than on-street parking. On-street parking is public parking available to everyone. I do not believe we should make rules on who is more entitled to it. I understand that in certain places having enough parking can be difficult. I have a small driveway and live near the University. During the academic year, most on-street parking is taken between 8 am and 6 pm. On-street parking is not permitted on any adjacent streets. It can certainly be frustrating. But as long as all other parking rules are being followed, I do not believe it would be appropriate, or enforceable, to dictate who is allowed to park on the street.

Other amendments that were approved included adding Fair Housing language and language on Records and Returns and Payments for the 4% Hotel-Motel Tax that STR guests will now be required to pay.

Ordinance 9354 amending and adopting certain sections of Chapter 150 of the Codified Ordinances of the City of BG, regarding zoning code was tabled until June 1st when the required public hearing will be held at 6:30pm. Proposed text amendments to Chapter 150 Zoning Code; Section 150.11 Certificates of Appropriateness, Section 150.18 Vision Clearance Triangle, Section 150.42 Comprehensive Use Table, Section 150.44 Accessory Uses, Section 150.79 Fences, Section 150.81 Outdoor Lighting, Section 150.82 Signs Regulations in All Zones and Districts, Section 150.84 Sign Regulations Table, Section 150.92 Zoning Certificate, Section 150.94 Application and Issuance of Zoning Certificate, 150.97 Zoning Certificate Application Completeness, Section 150.98 Planning Director Duties- Powers and Duties, Section 150.104 Zoning Board of Appeals-Appeals of Planning Director Decisions, and Article VII Glossary of Terms.

Below are some highlights from the March Planning Commission meeting where the changes were discussed:

The City will be changing from paper zoning applications to an on-line portal. Adjustments in language need to be made to reflect that. Language on vision clearance triangles is being updated for clarity. The Comprehensive Use Table is being updated to list Telecommunications Facility as a conditional rather than permitted use in Institutional Zoning to match Section 150.67. Currently, accessory structures that are 100 square feet or less in size can be located in the front yard setback. This includes things such as gazebos, pergolas or trellises, swing sets or play houses, sheds, and tree houses. A full definition and examples can be found on page 51 of the Zoning Code pdf 150.44 Accessory Uses. The proposed change would no longer allow those structures to be located in the front yard setback. Front yard setbacks are specific for each zone and district but most residential areas have front yard setbacks of 20-25 feet. The definition of “Sexually Oriented Business” is being corrected. Moving signs such as feather banners would be allowed as a type of temporary sign. Building Identification Signs would be allowed in R-3, C, IE, MUN, A-1, R-C, PR, UR, IC, and CB in addition to the currently allowed I and G.

Ordinance 9354 will receive a vote at the June 1st meeting, along with the third reading of Ordinance 9356 creating Section 35.42 of the Codified Ordinances, related to Deposit of Public Moneys.

Thank you to everyone who provides comments and feedback to improve the legislative process.

Regarding Ordinance 9354, gardens are exempt from front yard setback requirements. I am considering proposing an amendment to also exempt trellises.  I would love to hear thoughts on that and any of the other proposed changes.