“Passage of the second ordinance is not necessary.” -Assistant City Manager, Gary Vidmar
by David Miller
Beginning in January, there will be little standing in the way for residential property owners in Loveland from requesting and receiving commercial zoning on their individual home sites. Assistant City Manager, Gary Vidmar says, “In a community that is mostly built out, §1115.06 (a) B is extremely limiting in terms of generating new revenue sources through commercial development.” With statements like these, there now is a standing invitation and encouragement to do so.
A change now being considered by City Council, with a public hearing, and expected vote, on January 10 - will remove from the Loveland Zoning Code the prohibition against rezoning a residential lot to commercial use. If the prohibition is repealed, as recommended by the Planing and Zoning Commission (P&Z), small pockets of commercial zoning will be allowed in Loveland’s neighborhoods.
The wording in the Code the City Administration asked Council to remove reads: Section 1115.06(a)B - No residentially zoned district shall be rezoned to a non-residential district unless such proposed rezoning site is contiguous to land in the proposed zoning district classification.
A similar attempt in 2003 to tamper with this section of the code was put to a Referendum vote, after successful citizen law suits and a referendum petition drive. That, “Spot Zoning” ordinance was defeated when commercial development was proposed on St. Rt. 48 on what is commonly called the “White Pillars” development. The issue was soundly defeated at the ballot box because of not only the impact of that particular neighborhood, but also because of concerns of the implications to other neighborhoods throughout the City. There were also concerns raised about hurting existing commercial areas within the City that are lacking use and investment.
The 2004 attempt to meddle with this section of the code was overwhelmingly rejected by voters in a Referendum vote. At that time a 5-acre restriction was contemplated, meaning a person or persons asking for commercial use would have to have a site of at least 5-acres before the property could be rezoned. This time however, there are is no such acreage restriction, except that some zoning uses require at least a one-acre lot. Neighbors could however amass the required acreage and jointly ask for the spot zoning.
This latest attempt at removing the spot zoning restrictions comes at the heels and entanglement of a request by Mason Orthodontist, Dr. Gerald Johnson who wants to convert a home at 11050 Lebanon Road for a dental clinic. The property is in a residentially zoned district. It is bordered on two sides by residential properties, on one side by the Loveland Intermediate/Middle School campus and the North Star Church on the other. In order to accommodate Johnson, City Hall is set to approve amendments to the code that will affect the entire City.
In their zeal to accommodate Johnson, City Staff vowed to find suitable code change. They came up with two. One would be to simply change the code to allow “office” use within residential neighborhoods. That proposal is also now before City Council. The other change, deleting the spot zoning prohibition in its entirety, is now deemed unnecessary to accommodate Dr. Johnson, yet still moving forward - all wrapped in the rhetoric of helping Dr. Johnson.
At a recent public hearing before the P&Z, Commission members asked about the ramifications of allowing “offices” to be built in residential neighborhoods, but no member debated or asked questions about the code change that would allow all kinds of other commercial, and even industrial uses, in residential zones.
In early December, Loveland Magazine sat down with Vidmar, who has taken the lead in promoting the code change, to better understand why City staff would have the Spot Zoning provision move forward when it seemed not necessary if his only goal was to allow the orthodontist office on Lebanon Road. Vidmar said that at first they thought it necessary to remove the Spot Zoning prohibition as well as making the other changes. He was also asked if he could explain the ramifications of removing the Spot Zoning prohibition. He could provide no answers, however, he did agree to consult with City Solicitor, Frank Klaine about why both changes were still linked to the orthodontist office. He also agreed to respond back to Loveland Magazine after the conversation with the City Attorney. He did not, but when reminded of his promise on December 23 he responded via e-mail, “In a community that is mostly built out, §1115.06 (a) B is extremely limiting in terms of generating new revenue sources through commercial development.”
Vidmar also explained, “If the ordinance to add an office use as a special exception in a residential district passes, the orthodontist may submit an application to P & Z for approval as a special exception use. Passage of the second ordinance is not necessary.” (Emphasis added)
Vidmar said that after studying zoning codes in other communities he found that some did not have this specific restriction that the Loveland Code has. He said, “Staff has researched sections in the zoning code of other communities pertaining to this issue. The majority of the zoning codes investigated by staff do not prohibit a non-residential use on property adjoining land in a residential district including Mason, Worthington, Perrysburg, Oakwood and Upper Arlington. The zoning code of one of the cities examined by staff (Blue Ash) contains a “Special Use Regulation” that establishes protective restrictions on certain buildings or uses in each district. Of the zoning codes staff investigated, only Urbana and Celina have similar text in their building codes that prohibit non-residential uses in a residential district.”
If Vidmar did not at first understand the full implication of eliminating Loveland’s prohibition against allowing commercial uses in neighborhoods, he certainly now does. Does City Council? Did the Planning Commission? To date, there has been no debate or questioning the wisdom of the move. Given that P&Z and City Council have never in the end, denied a request by a property owner for a land use they were allowed to ask for, why are they contemplating removing the only section of the code that prohibited property owners from seeking a whole Pandora’s Box full of new allowable uses?
Current council, members might vote to remove this restriction, promising to never allow neighborhood bars, or light manufacturing in your neighborhood, but council majorities can change every two years. Given the unlikely event of a new zoning request ever being denied, the persistent property owner would certainly go immediately to court and argue, “Judge, how can they not allow commercial use in my neighborhood? I have property rights. And besides, in January of 2012 my city council opened this door for me, gave me encouragement, and an open invitation.”
Think the corner of Lebanon Road and West Loveland won’t be filled with convenience stores, gas stations, or dry cleaners? Might want to think again. Think your neighbor will never start full scale manufacturing on the widget he invented in his garage? Might want to think again. Think the existing empty storefronts on Loveland Madeira Road or the vacant land in the Historic District might remain that way for the foreseeable future? Might be right about that.
On the other hand, have you ever wanted to turn your home into a bed and breakfast? Ever wanted to sell retail from your home? This might be the opportunity you've been waiting for.
Want to research the Loveland Zoning Code?
For Background Stories and Video of P&Z meeting. Planning and Zoning Pass Spot Zoning Recommendation
Notice is hereby given that Loveland City Council will hold a public hearing on Tuesday, January 10, 2012 at 8:00 p.m. The public hearing will be held at Loveland City Hall Council Chambers located at 120 West Loveland Avenue, Loveland, Ohio.
Public Hearing #1 - The purpose of the hearing is to receive public comments on a request for a Zoning Code text amendment to repeal Codified Ordinance Section 1115.06 (a) B which states: No residentially zoned district shall be rezoned to a non-residential district unless such proposed rezoning site is contiguous to land in the proposed zoning district classification. Information about this rezoning can be found on the City’s website, www.lovelandoh.com, or can be examined at City Hall during business hours, Monday through Friday.
Public Hearing #2 - The purpose of the hearing is to receive public comments on a request for a Zoning Code text amendment to amend Codified Ordinance Section 1111.08 by adding an office use as a special exception in a residential district and adding restrictions for some other non-residential uses in a residential district. Information about this rezoning can be found on the City’s website, www.lovelandoh.com, or can be examined at City Hall during business hours, Monday through Friday.
Interested persons may appear and be heard with respect to the proposed rezoning. Comments may also be submitted in writing to the Clerk of Council, 120 W. Loveland Avenue, Loveland, OH 45140 or emailed to mcheshire@lovelandoh.com.
Individuals with disabilities requiring special accommodations that are participating in or wish to attend this hearing should call 513-683-0150 at least seven (7) days in advance so arrangements can be made.
















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