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Public hearing held on zoning setback amendment for suburban pattern district; council will take matter under advisement

3460549 · February 25, 2025
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Summary

City planning staff presented a zoning code amendment to allow reuse of existing commercial structures that do not meet current side and rear yard setback requirements; planning commission recommended approval and the public hearing was closed with no public opposition.

City planning staff presented a proposed amendment to the City of Kettering zoning code on Feb. 25, 2025, that would change how minimum side- and rear-yard setbacks are treated in the Suburban Pattern District.

Ryan Holmes, a city planner, told council the amendment would allow existing principal structures that currently violate minimum side or rear setback requirements to be treated as conforming for the purposes of reuse, even if a property were vacant for more than two years. Holmes said that only new construction or a structure that is demolished would be required to meet today’s setback standards.

"This proposed amendment would amend the minimum setback requirements of the Suburban Pattern District to allow existing principal structures that violate the minimum side and rear setback requirements to remain and be reused," Holmes said during his presentation.

Holmes said staff first identified the issue during a citywide review of commercial properties and presented examples of occupied buildings that are technically nonconforming but are viable for continued use with modest investment. He said the Planning Commission held a public hearing on Feb. 3 and recommended approval.

Council opened the floor for public comment specifically on the zoning amendments; no members of the public spoke in opposition or offered testimony. The council chair closed the public hearing and said the matter would be taken under advisement and brought back for formal consideration at a future meeting.