For the second time, the Village of Richwood Council tabled a discussion to amend the town ordinance to add a fee for non-conforming use permits.
Residents who had livestock on their properties within the village before the council passed the amended zoning ordinance may apply for non-conforming use permits to have their properties grandfathered in for agricultural use.
The new zoning regulations state that all large agricultural animals are prohibited within the village. Chickens and rabbits are permitted on properties at least one-third an acre with conditions on accessory structures and enclosures.
Village officials have drafted a resolution to amend the ordinance to add a fee for non-conforming use permits, with the filing fee set at $75.
Village Solicitor Julie Spain suggested lowering the fee to $20 or $25.
“Your goal is for people to voluntarily disclose their property usage as it involves animals and is not consistent with the new code,” she said. “Now, that benefits the landowner because if they give you that documentation, then they can say, ‘Hey, I told you five years ago that I have this non-conforming animal.’”
Spain explained to the council that it cannot force residents to file for non-conforming use permits.
“It would have to be voluntary just because there’s no teeth behind it. We can’t take any action if somebody doesn’t want to pay money to get that permit,” she said. “I think that your best option for getting people to voluntarily participate is going to be to make it pretty cheap for them to do.”
The purpose of the non-conforming use permit is to record what village residents “are stating their usage of their land is,” Spain said.
Council member Donny Ridgeway expressed concern about residents with grandfathered in properties buying more livestock.
Spain said, by law, the village council cannot limit the number of animals on grandfathered in properties.
“The law says if you are generally using your property to have cows on it, that use is going to be grandfathered in,” she said. “The question becomes to what extent could a village document and keep somebody from expanding that use that is now not allowed.”
She added that she would not recommend trying to regulate livestock by the amount of animals “because I think the court would overturn it.”
Responding to Council member Jackie Hamilton, Spain said she is not sure if there are laws restricting the amount of animals per lot size for humane reasons. She said they may be recommendations rather than mandates.
Spain said if residents are expanding the agricultural use to more than the grandfathered in portion of their properties, then village officials can send her documentation to take legal action.
Mayor Scott Jerew recommended removing the filing fee for non-conforming use permits.
As for property owners who would like to purchase chickens or rabbits, they will have to file for a conditional use permit and meet with the Board of Zoning Appeals.
Council member Reddy Brown, who helped draft the proposed amendment, was absent, so the conversation was tabled for a future meeting.
In other news:
-The council accepted a quote from Union County Engineer Jeff Stauch to undertake and perform grader patching of nine streets in the village. The council agreed to spend $61,696.87 from the Gas Tax Fund, the Motor Vehicle License Fee Fund or the Road and Bridge Fund for the project. The following streets will receive grader patching: Oak Street, North Fulton Street, Blaine Avenue, Ottawa Street, Grove Street, South Clinton Street, Beatty Avenue, Pearl Street and South Fulton Street. Additionally, five days will be spent running the durapatcher on all Richwood streets.
-The council passed a resolution accepting the amounts and rates as determined by the budget commission and authorized the necessary tax levies and certified them to the county auditor. The Park and Recreation Fund levy was authorized by voters on Nov. 5, 2019. It is to expire in 2024. A road repair levy is on the Nov. 8, 2022 ballot. Both levies are 3-mill, five-year levies.
-The council approved a resolution declaring the anti-displacement and relocation assistance plan for the village, which the village must have in place to receive Residential Public Infrastructure Grant (RPIG) funds. According to the Residential Anti-displacement and Relocation Assistance Plan, the village “will replace all occupied and vacant occupiable low- and moderate-income (LMI) dwelling units demolished or converted to a use other than LMI housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, and as described in 24 CFR 570.488. HUD regulations have extended this requirement to the HOME program as well.” Furthermore, the village “will provide relocation assistance, as described in 24 CFR 570.488, to each LMI household displaced by housing demolition or conversion of a LMI dwelling to another use as a direct result of assisted activities.”
– Village administrator Monte Asher said he found a consultant for the Safe Route for Food Route 47 project. The consultant, Civil Environmental Consultants Inc., is expected to send a quote for the project within the next two weeks.
-To comply with Sections 4511.214 and 4511.15 of the Ohio Revised Code about the operation of low-speed, under-speed or utility vehicles or mini-trucks, the village council needs to pass an ordinance to inspect golf carts and utility vehicles, Asher said. He added that the village can get gratis tags on the village gator to be street legal.
-Asher met with Access Engineering and Ohio Edison and said the cost to run electric to the new water plant must be paid upfront but can be covered by ARPA funds.
-Part-time officer David McElroy has resigned.
-Fiscal Officer Sarah Sellers said she will hopefully proceed with mailing the $10 flat fee to all homes in Magnetic Springs in October as long as bill cards are received.
-Drug Take Back Day is scheduled for Saturday, Oct. 29, from 10 a.m. to 2 p.m.
-The Skeleton Skedaddle will take place at 7 p.m. on Oct. 29, followed by the Haunted Trail from 8-11 p.m. Halloween trick or treating will take place on Monday, Oct. 31, from 5-7 p.m. in the downtown area.
-The village is ending brush pick up on Oct. 31. Asher reminded residents that the brush pickup is only for trimmings and fallen branches after storms.
-Village officials are closing the park restrooms on Nov. 1.
The next council meeting is scheduled for Tuesday, Oct. 11, at 7 p.m. because of Columbus Day.