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Moraine planning commission tables rezoning request for 3305 Main Street, directs special-use review to BZA
Summary
The Moraine Planning Commission on July 15 deferred a request to rezone 3305 Main Street from R-2 (single-family) to B-2 (general business), sending the applicant to the Board of Zoning Appeals for a quicker conditional/nonconforming-use review after neighbors raised parking, traffic and land-use concerns.
The Moraine Planning Commission on July 15 tabled a zoning-district change application for 3305 Main Street and directed the applicant to seek a special or conditional-use review from the Board of Zoning Appeals (BZA). The applicant, investor Omar Shaker, asked that the property's zoning be changed from R-2 (single-family residential) to B-2 (general business) to permit retail uses listed in the B-2 code, including retail tobacco sales.
The application matters because B-2 permits a wide range of retail and service businesses that are not allowed in R-2, and a permanent rezoning would change long-term options for the parcel and neighboring properties. Planning staff told the commission the request is being considered because the site's prior commercial use has been discontinued for more than two years, which triggers the city’s nonconforming-use rules. Nick Siris, City Planner, cited the Moraine Codified Ordinances (chapter 1191.02(c)) and said the technical review committee examined the file and the building’s history.
During the public hearing, supporters including the applicant said re-establishing commercial activity would produce jobs and increase tax revenue, and that the property is on an RTA route and already served by nearby commercial uses. Omar Shaker said the site "is going to open up jobs in the area," and that the parcel "aligns with public infrastructure" and is convenient for transit. Shaker and an associate also told the commission they believe the site offers parking (they cited a 3,900-square-foot area on auditor records and said the lot could hold up to nine cars).
Opponents including resident Jerry Dunn and other neighbors described a different picture, citing limited curbside parking, hazardous backing movements onto Main Street, and problems they said occurred when a previous smoke shop was located there. Jerry Dunn said that "I don't think it should be zone business" and described past patterns of customers parking in a nearby church lot and leaving debris.
Staff presented technical details: the structure at 3305 Main Street was built in 1945, measures about 416 square feet, and carries a 2011 certificate of occupancy listed as mercantile (Use Group M under the Ohio building code). The technical review committee — which the staff report listed as City Manager Michael Davis, City Planner Nick Siris, Fire Inspector Doug Hatcher, City Engineer Lauren Alvarado, Building and Zoning Administrator Brett Carpenter, and Community Development Secretary Beth Waters — reviewed the application on July 3, 2025. Staff also explained that B-2 includes many permitted uses (retail, restaurants, offices and others) while some activities would require a separate special-use approval.
Commissioners discussed alternatives, including allowing a nonconforming/conditional use via the BZA rather than granting a permanent rezoning to B-2. Staff said the BZA conditional-use path can be faster (roughly a three‑week schedule for a conditional-use application) and would preserve more municipal control than a permanent rezoning. A commissioner moved to table the rezoning matter and refer the applicant to the BZA for a conditional/nonconforming-use permit; another commissioner seconded. Roll call votes recorded at the meeting were: "Aye/Yes" from Commissioner Stapleton, Commissioner Watts, Commissioner Delf and Commissioner Noel, and the motion passed. The commission therefore took no final position on rezoning and directed staff and the applicant to begin the BZA process.
Next steps the staff outlined include filing the BZA application and starting the notification process. Staff said legal notices for rezoning hearings elsewhere are issued under Moraine Codified Ordinances (chapter 11.27). The commission and staff also noted that if the building or its occupancy changes (for example, a change to a non-mercantile occupancy), additional land-use review could be required.
The commission closed the hearing after discussing process options and the applicant said he would work with staff to begin the BZA application process.
