Commission recommends zoning text amendments to remove some permitted uses, curb drive‑thru‑only developments and align notifications with state rules

KETTERING, Ohio — After a public hearing and staff presentation, the Kettering Planning Commission on April 20 voted to recommend zoning code text amendments to City Council that would remove some permitted uses, tighten rules on small‑box discount stores and drive‑thru developments, and bring the city’s notification practices in line with state standards.

City Planner David Roller described three primary areas of change in Planning Case PC 206‑006: permitted uses, notification practices, and several textual corrections and clarifications. Roller said staff is proposing to remove uses that are no longer desired in the code, specifically vehicle storage (indoor and outdoor) and kiosk uses, and to remove tobacco and vaping shops from the permitted‑use table; those existing businesses would be treated as grandfathered nonconforming uses under the revised code. “We are proposing to remove several uses… the tobacco and vape things do affect different people in town. However, we’ve been directed to remove those from the permitted use table,” Roller said.

Staff also proposed two notable substantive changes to use standards: a spacing (separation) standard for small‑box discount stores to avoid clustering, and new requirements for drive‑thru restaurants. Roller defined a small‑box discount store as typically between 5,000 and 15,000 square feet and gave Family Dollar, Dollar General and Dollar Tree as examples. In explaining the drive‑thru change, Roller said the city has seen interest in drive‑thru‑only operations that generate queuing and traffic without providing dining or restrooms, and staff proposes that a drive‑thru restaurant include a dining area and restrooms to ensure the use provides typical amenities rather than being solely auto‑oriented.

A commissioner asked for examples of drive‑thru uses without dining or restrooms; staff cited many drive‑thru coffee locations as examples and noted one existing site on Wilmington Pike that is undergoing a change in use. The commission also heard proposed corrections: adding the recently created Neighborhood Business district to code lists, fixing a transposition in the language for filing an intent to appeal, and a proposal that rezoning/map amendments be shown consistent with the city’s recently adopted comprehensive plan.

No members of the public spoke at the hearing. The commission closed the public hearing, moved and seconded a motion to recommend the zoning text amendments to City Council, and approved the recommendation by roll call (Lackey, transcribed name 'Airbus', Rothman, Watsky recorded as yes). The staff report and the record of the public hearing will be forwarded to City Council for its consideration.

Next steps: City Council will review the recommended text amendments at a future meeting; the staff report will accompany the council agenda packet and the commission’s recommendation does not itself change the zoning code until council acts.