North Bend council adopts model zoning code, deletes footnote that allowed rooftop equipment above 45-foot limit

The Village of North Bend council voted April 28 to adopt a revised zoning code that sets a 45‑foot maximum building height for M‑1 (service industrial) zones and removes a footnote that would have allowed mechanical and ventilation equipment to extend 10 feet above that limit.

Council members and staff said the change — requested by a resident speaker, Fran — was intended to preserve views of the Ohio River and the William Henry Harrison Memorial Tomb. Fran asked the council to “remove the footnote” on page 23, item 4, which she said allowed “mechanical equipment and or ventilation systems [to] extend up to 10 feet above the height of the building.”

The removal of the footnote was incorporated into Ordinance 2025‑O‑04, described at the meeting as the ordinance adopting text amendments and changes to zoning districts. Council members voted in favor by voice vote after motions to waive the three‑reading requirement and to adopt the ordinance. The clerk recorded the motion passed with “Aye” votes and no recorded opposition.

Why it matters: council and staff described the edit as a text amendment (not a map amendment). Staff explained that a separate map (rezoning) process would be required to change any parcel’s zoning designation from M‑1 to a residential district; that process would include a planning commission public hearing and notice to affected property owners. The council emphasized that existing M‑1 uses would remain lawful as nonconforming uses until the use ceases or a map amendment is completed.

Council discussion and next steps focused on clarifying process and effects: staff said removing the footnote is a text change that becomes effective when the ordinance is adopted and attached as Exhibit A to the ordinance; any later map amendment would proceed separately through the planning commission with property‑owner notification and ultimately return to council for final action.

The meeting record shows the model zoning code hearing had been continued from Jan. 27 and reopened April 28 for this text amendment. Brian Snyder of Hamilton County Planning was noted as attending the meeting and available to advise on planning process questions. Councilmember Beth (name given in the transcript as Beth) was identified in discussion as the council member whose area includes planning oversight; staff said they would help evaluate the implications of any future map amendments.

No map rezoning was approved; council members and staff repeatedly clarified that converting M‑1 parcels to residential zoning would require a separate application, public hearing by the planning commission, and council action.

A speaker who identified herself as Fran read a prepared statement asking that the footnote be removed in order to “provide assurances that the two most prominent and marketable features of [North Bend] — the Ohio River and the William Henry Harrison Memorial Tomb — will continue to be visibly enjoyed by North Bend homeowners and visitors.”

The council adopted Ordinance 2025‑O‑04 with the deletion of footnote 3 on page 23 under item 4 (maximum height/lot coverage for M‑1 zones). The ordinance text and Exhibit A were indicated at the meeting as the operative record of the change.

Documentation: the meeting transcript records the public hearing, the request to delete the footnote, staff explanation that the change is a text amendment (not a map amendment), and the council motions to waive readings and adopt the ordinance.

Council action on zoning does not itself rezone parcels; any property‑map changes would follow the separate map amendment process explained by staff and require notice to impacted owners.