Planning commission approves recommendation to rezone 3305 Main Street to allow tobacco sales

On Sept. 2, 2025, the Moraine Planning Commission voted to approve a recommendation to rezone 3305 Main Street from R‑2 (single‑family residential) to B‑2 (general business) to permit tobacco sales, a change the applicant said was required because the building had been vacant for more than two years.

The zoning change now proceeds to a required 30‑day public notice period and will go before the Moraine City Council, which can accept or overturn the planning commission recommendation by majority vote.

Nick, planning staff, told the commission the property (lot 2152) has a long history of commercial uses and that "1945 is when it was constructed." Nick said the building’s last certificate of occupancy listed mercantile use from 2011 but that the city’s zoning code requires a land‑use update when a commercial space has been vacant for two years or longer. The applicant is seeking the B‑2 designation because the zoning code lists tobacco retail under the B‑2 use group.

The applicant, identified in the meeting as Omar Holmes and represented in oral remarks by Mr. Shaker, said they were not aware of the two‑year vacancy rule. "We didn't know anything about that 2 years rule when if you close for 2 years, you have to go back through rezoning again, and that's why we're here today," Mr. Shaker said. Brent, who described himself as a longtime local resident, provided historical context about prior uses of the structure, naming a barbershop, a Pizza Express and a vape shop among former tenants.

Commissioners asked staff to confirm whether the rezoning would be permanent and whether future changes (for example, to residential uses) could be requested. Commissioner Stapleton and planning staff confirmed that rezoning to B‑2 would change the zoning designation but that future applicants could apply to rezone the parcel again if they sought a different use. Commissioners also asked about a previously discussed drive‑through use and whether the vacancy rule would apply to other nearby properties; staff said the two‑year vacancy rule applies individually when properties remain closed for that period.

Staff also noted a mapping correction: a property at 3351 Main Street has been shown as R‑2 on current maps but records from the 1970s show it zoned B‑1; staff said the map will be corrected.

At the end of the discussion the commission moved to vote on the rezoning application (case R‑02‑2025). Commissioners Stapleton, Noel, Howard and Commissioner Michelle voted to approve the recommendation; Commissioners Watts and Delf were recused and not present for the item. The chair announced, "Motion passes." The planning commission took no further action other than closing the meeting.

Clarifying details discussed during the meeting included the building’s construction year (1945), staff’s statement that the structure had been vacant for roughly seven to eight years, the prior certificate of occupancy listing mercantile use from 2011, and the specific planning code requirement that a commercial property vacant for two years must be brought into current compliance before reopening for a new commercial use.

The rezoning recommendation now moves to the city’s public hearing and council process; the timeline cited in the meeting is a 30‑day public notice before the item appears on a city council agenda.