The Bowling Green Planning Commission on Wednesday got a look at the final three sections of a draft of the city’s revamped zoning code.

“This may – probably will be – the most important thing any of us do on the planning commission,” said commission chair Bob McOmber during the meeting, referring to the commission’s upcoming work to review and discuss the proposed code.

Wednesday’s presentation by Cincinnati-based ZoneCo, which has been contracted by the city to revamp its decades-old zoning code, was the third such meeting held in the past year. In addition to commission members and the public, the meeting was attended by members of council and the city administration.

The presentation was made by Nolan Nicaise, ZoneCo’s urban and environmental planner. The meeting dealt with the proposed Article Four – Generally Applicable Standards, Article Five – Nonconformities, and Article Six – Administration and Procedures.

Article Four contained a laundry list of topics, from parking and solid waste, to fences and signage.

“This section describes standards that apply to more than one, usually all, districts, and more then one, usually all, uses,” Nicaise said. “This is a way of simplifying (the code) and keeping these regulations all in one section.”

Regarding parking location, landscaping and surfacing, it proposed that parking would be permitted only in side and rear yards, except with special landscaping along Wooster and Main streets, and in driveways leading to a garage or former garage.

“This is an attempt to reduce the number of parking pads added in front yards,” Nicaise said, “showing that simply adding paved areas to a front yard is prohibited.”

Further, under this section, parking counts are not regulated except in the case of accessory dwelling units.

“The intention here was to reduce government regulations and allow owners to choose” appropriate amounts of parking for customers or tenants,” Nicaise said.

Further, it proposes that bicycle parking is required wherever vehicle parking exceeds 6,000 square feet, or approximately 20 parking spaces.

The section discussed fences, stating fence heights are limited to 4 feet in the front yard and 6 feet in the side and rear yards of a property, except in the innovation and employment zone.

Signage regulations are dealt with through text regulations in the code, as well as a series of tables, discussing the particular zone or district, and the types of signs, the number allowed per lot, the area per individual sign, and the total sign area.

Regarding Article Five – Nonconformities, Niciase noted that a “nonconformity is a lot or structure that does not conform to the regulation of the zoning ordinance. … That means that that use that was in existence as a legal use now has become illegal under the new zoning ordinance is to be considered a legal nonconforming use” and be allowed.

According to the presentation, the nonconforming uses are permitted to continue as long as they were legal, and may be extended into parts of buildings designed for that use; the building itself may not be expanded for that use. It could also be changed to another nonconforming use of equal or more appropriate use for the neighborhood.

“If you have a use that is made nonconforming by the enactment of the zoning ordinance, it is required that you seek a zoning certificate for that use under this code within three years of its enactment,” Nicaise said.

Among the provisions in the section is that a nonconforming structure damaged by a catastrophe may be reconstructed in the case that less that 75% of it was damaged.

Article Six proposed certain abilities of the planning director, planning commission, and the zoning board of appeals.

For instance, the planning director, if certain conditions are met, can grant conditional use permits. The appeals of the planning director’s decisions go before the Zoning Board of Appeals, which has the power to reverse, affirm, or modify that decision. The ZBA could, as it can now, issue variances for numerical issues like height and setbacks, but only when strict application of the zoning code would cause practical difficulties for the property owner.

The planning commission can recommend changes to the zoning code map or its text, but council itself has the final say. Concerning annexation, the commission would receive reports from the planning director about which zone most nearly fits existing development in the annexed territory, and the commission would make a recommendation to council.

The presentation also discussed proposed special topics, including microbreweries. Nicaise noted that under the draft, a bar or tavern would be defined as “an establishment devoted primarily to the sales and on-premises consumption of alcoholic beverages. Food service may be provided, but is secondary to the sale of alcoholic beverages. Indoor entertainment is included as an incidental use within the term, unless such entertainment qualifies as an adult entertainment business.”

A microbrewery would be defined as “an establishment where alcoholic beverages are manufactured. The term may include a bar or tavern use or a restaurant use when such uses are operated in conjunction with the manufacturing of alcoholic beverages. This term applies only to the manufacturing capacity of 20,000 gallons per year or less; a manufacturing capacity of more than 20,000 gallons per year constitutes a general industry use.”

Nicaise noted that both uses would be permitted under the proposed Neighborhood Commercial Zoning, and said that Arlyn’s Good Beer, which has received discussion recently, would be in such a zone according to the proposed map.

Niciase did note in his presentation that “outdoor entertainment is an accessory use of a commercial principal use. No outdoor entertainment may include the use of sound-amplifying equipment, such as speakers, amplifiers, and microphones.”

Later in the meeting, McOmber said that some city officials have heard concerns from residents about zoning allowing commercial uses alongside residential uses. He asked if having the proposed Neighborhood Commercial zone and Pedestrian Residential District were essential to the proposed code.

Nicaise said that while none of the pieces is essential, they were created with an eye towards accomplishing goals stated by the city, such as a walkable urban center, and removing barriers to new businesses.

“When I make decisions about codes … I’m constantly trying to think what were the community’s goals, and” he said, “is it getting the community closer to its goals. That’s what I strive for.”

In response to a further question from McOmber, Nicaise said that if someone said they didn’t want to live next to a business, “my response to that persons would be what specifically do you not want about a business next door? … Is it the business, just simply having the business, or is it a side effect of that business, and we would look at” dealing with that side effect.

“We could sort of monitor the negative effect by being careful about what uses are permitted,” McOmber said.

As for immediate next steps, Wednesday’s presentation, and the full draft of the zoning code, are to be released online and open to public comments submitted online through June.

The July 6 planning commission meeting will including a work session for the commission focusing on the submitted public comments and editing the document, and will also allow time for the public to speak. The commission could hold a public hearing on the new code and make a recommendation to council at their September meeting.