City Council prepares zoning legislation

DAVE MOSIER/independent editor

Van Wert City Council met Monday evening via Zoom as a “committee of the whole” to talk about zoning definitions: specifically, under which city zoning code definition Haven of Hope homeless shelter should be placed.

After approximately an hour of discussion, Council unanimously voted to prepare legislation that would view Haven of Hope and facilities such as the Crisis Care Line’s House of Transition and the YWCA’s housing services as a “conditional” usage under one of four definitions:

• Emergency shelter — Short-term facilities that would provide temporary shelter to males, females, or families.
• Drop-in center — Temporary safe locations for both youths and adults.
• Permanent supportive house — More permanent housing for people with mental or physical impairments that provide supportive services.
• Transitional house — Facilities whose main purpose is to find individuals and families permanent housing in a timely manner.

The four definitions were compiled by Health-Service-Safety Committee Chair Bill Marshall, who explained why he decided to go further than merely creating a possible definition for Haven of Hope, but to also provide a zoning definition for other facilities that currently provide shelter for the area’s homeless population — including women who are victims of domestic violence and their children.

“In thinking about this, if we’re building this for the future, we should look at different types of zoning, whether it be a drop-in center, an emergency shelter, permanent supportive housing, transitional housing,” Marshall said. “This could be something even in the near future that we are looking at because, with what’s happening with COVID-19 and people being out of work, we may be finding a lot of something along this nature in the future.”

One difference from older zoning definitions under the semi/quasi-public usage definition, is the new definitions would, at this point, only be applicable in B-3 zoned property. The semi/quasi-public usage definition is also included under B-1 and B-2 zoned property as well.

As part of a conditional usage, City Council would need to come up with conditions that a property would have to meet to be considered for one of the four usage definitions. 

Having a zoning definition in place for various facilities that house people who may otherwise be homeless could be a plus especially during the current shutdown of many businesses and non-profit organizations related to the COVID-19 pandemic.

The definitions would not currently apply to Haven of Hope, which filed a lawsuit in Van Wert County Common Pleas Court to challenge Council’s rejection of the facility under the semi/quasi-public zoning definition. 

“What you guys are discussing is prospective; it’s not going to have a retroactive effect unless … Haven of Hope’s litigation is not successful,” Haven of Hope attorney Joshua Nolan said.

However, because most court actions have been put on hold during the COVID-19 shutdown, Haven of Hope’s attorney, Joshua Nolan, who participated in the meeting via Zoom, said if Council came up with reasonable conditions that would fit Haven of Hope’s facility, a settlement could possibly be worked out allowing the shelter to open, even if the COVID-19 shutdown ends.

Currently, Council has allowed Haven of Hope to open temporarily to provide shelter for men made homeless through economic hardship brought on by the COVID-19 pandemic.

However, Haven of Hope is still renovating its facility and has been unable to open as yet. In the meantime, the Haven of Hope Board has been housing homeless men in the local hotel.

City Law Director John Hatcher was also hopeful that an agreement could be forged with the Haven of Hope Board.

“Could a change here be effective enough to broker some sort of resolution with Haven of Hope? It’s possible,” Hatcher noted. “Changing a definition could lead to some constructive conversation with Haven of Hope.” 

The law director said that’s why it’s imperative for Council to move forward quickly with the legislation so that Haven of Hope could open under one of the definitions, if Council so approves. Such a shelter may be important, several people noted, if the impact of the shutdown on the local economy results in an increased number of homeless persons.

Hatcher will prepare the legislation for the next regular City Council meeting on April 27, where it would be discussed and the details hammered out prior to passage.