New rules pass on split council vote

FINDLAY — Findlay City Council split on two code changes earlier this month in the debate over how far neighborhood standards can go before they infringe on individual property rights. A new animal noise ordinance narrowly won council's approval. Council's vote was 5-4 at its regular meeting on Nov. 5 to approve the new rule, with council members Holly Frische, R-1, Jim Niemeyer, R-6, Randy Greeno and Jeff Wobser, both R-at-large, opposed. Councilman Brian Bauman, R-5, was absent. Frische called the new rule nonsense. The new ordinance, part of the city's municipal code, would apply to all animals, not just dogs. It prohibits "continuous barking, howling or other audible sounds" that create "excessive or offensive noise" disturbing people of "ordinary sensibilities." Violations would be a minor misdemeanor. The new rule drew strong criticism from residents during public comment. Local attorney Lisa Miller called it "unconstitutional as applied," warning that vague language could allow "anyone near" a property to complain, not just adjacent owners. "A noise is a noise. We don't have to carve out animal noises. That's absurd," she said. Other residents echoed the concern, saying that the law criminalizes normal animal behavior and diverts officers from more pressing issues. City officials say the ordinance is needed to address recurring complaints and create consistency across animal types. Mayor Christina Muryn said the change stemmed from public feedback during earlier debates over barnyard animals, with citizens asking why dogs are treated differently. Council also split on a zoning measure aimed at keeping construction projects moving at its Nov. 5 regular meeting. The ordinance, which sets time limits for completing permitted work, passed 6-3, with Frische, Niemeyer and Greeno opposed. Frische said the ordinance could punish property owners facing financial or health hardships; however, Muryn said the city is willing to work with hardship cases to find a solution. She said most cities have set timelines. Two new zoning rules did received unanimous approval by council, including a new zoning chapter regulating donation bins and another ordinance expanding conditional use permits for businesses. Placement of a donation bin will require a permit under the new rule, which limits the number of bins that can be placed on a property and requires them to be placed at the side or rear of the building. Non-compliance would be treated like a zoning code violation and could include possible court action. A count of donation bins last summer found 30 on Tiffin Avenue alone, many parked "front and center," said Matt Cordonnier, director of the Hancock Regional Planning Commission, in a meeting held earlier this year. The new business zoning makes the establishment of fueling stations, oil change facilities and small box retail stores, zoned "C2" commercial, "conditional uses," meaning that the businesses would have to seek city permission before being established. Current zoning gives them the "inherent right" to operate within a "C2" zoning district, Cordonnier has said. Self-storage units, zoned "I-1" light industrial, will also be considered a conditional use. Council also advanced three other property maintenance and zoning ordinances. Legislation to make the changes to the city's current dilapidated structures rules would expand the ordinance to include 11 specific criteria for identifying dilapidated structures. Changes to Findlay's weed control standards would allow residents to maintain portions of their property with native plants and natural features, provided the area is properly managed and does not pose safety or nuisance concerns. Permit holders would be partially exempt from the city's weed control requirements. The third ordinance repeals and replaces the city's flood damage prevention code to comply with state and federal requirements, ensuring eligibility for the National Flood Insurance Program. All three measures will return to council for a third reading, and a possible vote at Tuesday's regular meeting. Council will meet at 6 p.m. in the Findlay Municipal Building, 318 Dorney Plaza. All council meetings are open to the public and are livestreamed on the city's YouTube channel: FindlayOhio.