Planning commission recommends zoning amendment to ease reuse of older Kettering buildings

The Kettering Planning Commission on Feb. 3, 2025 voted unanimously to recommend that Kettering City Council approve a zoning code text amendment (PC-25-002) that would treat some existing substandard side and rear setbacks as conforming for the purpose of reusing buildings.

The amendment affects the suburban development pattern district's setback table in section 1141.06.4 of the City of Kettering zoning code and is intended to prevent situations where a building that can otherwise be reused would have to be partially or fully demolished to meet today’s setback minimums.

City planner Ryan Homsey described the proposal as "a very straightforward and minor request." Homsey said the amendment would add language so that existing side and rear yard setbacks that are less than the current minimum would be considered conforming unless the structure is demolished or relocated. He explained the existing code requires structures vacant for 24 months or more to be brought into compliance with current setback rules when reused, which can force demolition of otherwise reusable buildings.

Homsey pointed to examples on screen during his presentation: the Bigger Road Veterinarian (occupied now), which would face demolition if it were vacant for two years because its side yard violates the minimum; and the former Lincoln Park Dental, which he said "sits about 28 feet from the back property line. The requirement is 40 feet" and also sits closer than the 10-foot side-yard minimum. Homsey said the amendment is intended to "more easily permit the reuse of existing viable buildings that may not meet the minimum side or rear yard setback requirements." He noted owners may still seek a variance but called that process "tricky."

The commission opened a public hearing and recorded that no members of the public were present to comment. After the hearing, staff recommended approval. Commission Chair Don Rathman made a motion recommending that the city council approve the zoning code text amendment as presented in the staff report; the commission seconded and approved the recommendation on a roll-call vote. The roll call recorded "yes" votes from Don Rathman, Ray Waskey, Ken Lackey and Troy Urbis.

The amendment, if adopted by City Council, would leave minimum table setbacks in place for new construction (for example, front yard 25 feet, side-yard minimum 10 feet, rear-yard minimum 40 feet) but allow existing nonconforming side and rear setbacks to remain conforming for reuse unless the structure is demolished or relocated. The commission's action was a recommendation only; final adoption requires Kettering City Council approval.