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Athens’ law director says a zoning proposal to allow emergency housing shelters uptown is legally complex
By: Amanda Pirani
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ATHENS, Ohio (WOUB/Report for America) – An opinion issued by the Athens city law director this week could complicate a zoning proposal to allow three temporary housing shelters in a North Congress Street parking lot.
The shelters are part of The Gathering Place’s Conestoga Hut Project, a pilot to provide emergency shelter in three wooden and canvas huts first modeled by a nonprofit in Eugene, Oregon.
The installment of temporary housing shelters is currently not allowed within the R-3 zoning that includes The Gathering Place, which provides daytime services to those experiencing mental health issues.
Eliason wrote the proposal is legally complex
City Law Director Lisa Eliason concluded the proposal as drafted is spot zoning, a practice in which special privileges are given to a particular property owner, but are not granted to other properties in the same zone. Spot zoning is not inherently illegal, but can be in some cases.
![Athens City Hall is seen in Athens, Ohio, on Tuesday, June 22, 2021. [Joseph Scheller | WOUB]](https://woub.org/wp-content/uploads/2021/06/062221_CityHall_002-scaled-e1632322166288.jpg)
Her review came after a request from the City Council’s Planning and Development Committee last week.
Eliason suggested the proposal could open the city up to legal action if council later denies a similar request.
“The concern of setting precedent is not this specific request, but the next request that may come before Council,” she wrote. “If Council grants this request and not a subsequent request, the City may face legal action for differing treatment.”
Eliason also pointed to a related proposal that would create a process for future temporary shelters through a change to Athens city zoning code, Title 23. That proposed change outlined conditions that differed from those in the proposal for The Gathering Place.
While the Conestoga huts in its parking lot would be subject to biannual review, any future projects would be subject to annual review under the two different proposals as they are written.
“Other property owners in the R-3 Zone would not have the same rights as those granted to 1, 5 and 7 N. Congress St. This could also result in legal action against the City,” Eliason wrote.
An upcoming committee meeting will include discussion on the impact
Athens Planning Commission Chair John Kotowski said the two proposals were drafted separately because the Conestoga Hut project addressed a simpler scenario in which necessary amenities such as nearby restroom facilities are already available. Kotowski also said council can later decide to alter the proposals as put forward by the Planning Commission.
Eliason’s opinion did not indicate any legal issues with the commission’s recommendation to alter city zoning code to allow temporary housing shelters in R-3 and B-3 zones on a conditional basis.
The opinion also stated in its conclusion that both zoning proposals could be subject to a referendum — a citizens’ effort to repeal an ordinance through a ballot measure. According to Athens County Board of Elections Director Tony Brooks, doing so requires circulating a ballot petition at least 90 days before the election during which the referendum is to be voted upon.
Any law passed by Council could be subject to a referendum or legal action.
In response to the opinion, Ginger Schmalenberg, executive director of The Gathering Place, said it’s important not to assume what it will mean for the proposals.
“The city and council are doing their due diligence, and I think we’ll know more after Monday’s meeting,” she said.
Planning Committee chair and Councilmember Alan Swank said the committee will consider both proposals and the law director’s opinion during its meeting Monday.
Amanda Pirani is WOUB’s Report for America Journalist covering Economic Livelyhood. For more information about Report for America, you can click here.