Building & Zoning Frequently Asked Questions

What is a permit?
A permit is a license that allows you or a contractor to perform work on your house or building. It is issued to the owner or the owner’s agent, such as the contractor, sub-contractor or other person responsible for the work being done, and it identifies the required inspections. Permitting requirements are governed by City ordinances, zoning regulations, and various state building code requirements. Some work may not require zoning or building permits but, nonetheless, must still comply with the applicable codes.

How do I get a permit?
It’s easy. Just fill out the correct application form and submit it to the Department of Planning and Development along with any required drawings. Simple permits for those such as for a water heater or furnace replacement do not require any drawings. Applications and drawings are reviewed for completeness and conformance with codes. Applicants will be notified if any revisions are required.

How long does it take to receive a permit?
Simple permits that do not require drawings review are usually issued within a few days. Simple projects with few drawings that require minimal review are usually issued within two weeks depending on the volume of applications. Larger, more complex projects involving review by multiple departments may take several weeks.

How and when do I pay for a permit?
The fees are outlined in the fee schedule and are due when the permit is issued, not when you make application. You may pay by cash, check, Visa or MasterCard.

When can I start work?
After the permit is issued and fees are paid. Emergency repair/replacement (i.e., water heater, furnace) can proceed as long as the application is submitted immediately. Work started or performed without a permit is subject to a Stop Work Order and penalty fees.

Can demolition or construction begin without a permit?
NO! Only work that does not require a permit or emergency repairs may proceed. Work conducted without a required permit is subject to a Stop Work Order, Notice of Violation and Adjudication Order requiring removal of the work, double permit fees and/or other penalties prescribed by law.

How do I know what inspections are required?
The required inspections are listed on the permit. See Inspections for details.

How long is the permit valid, and when is it closed?
The permit is valid for six months from the time of issuance or the date of the last approved inspection, whichever is most recent. Expired permits require renewal or re-issuance with additional fees. The permit is closed when the final inspection is completed and the work is approved for compliance with the applicable codes. The inspectors will leave an inspection tag at each inspection indicating the results of the inspection. Multiple failed inspections will be subject re-inspection fees.

How do I report a potential property maintenance violation?
The City maintains a Property Maintenance Hotline that is accessible 24 hours every day. The phone number for this hotline is (937) 269-3286. During regular office hours, you can contact the Planning & Development Department at (937) 296-2441.

How long does it take to resolve a property maintenance complaint?
Each circumstance is different. When a notice of violation is issued, it must include a compliance deadline. If compliance is not achieved by that time, the inspector may take the next step, which may involve prosecution through the municipal court system.

What happens when a property owner does not comply with an order to address property maintenance violations?
The City tries to be somewhat flexible and work with people who are making a good faith attempt at addressing violations. On a case-by-case basis, compliance deadlines may be extended to accommodate those trying to address the violations. If a property owner fails to address the violations within the given timeframe, the owner will be prosecuted.

What can I do if I disagree with the inspector’s decision about violations occurring on my property?
Anyone who has received a notice of violation has the option to appeal that decision. The City has a Property Maintenance Appeals Board who will hear their case and decide if the argument presented is valid.

Can a City property maintenance inspector enter onto my property with or without my permission?
Code inspectors may enter privately-owned property when the owner gives their consent. An inspector may also conduct an inspection from a location where they are legally entitled to be such as the adjacent public sidewalk, streets and alleys. An inspector may enter onto private property to deliver notices or orders in connection to the enforcement of City regulations. Inspectors may not enter the interior of a property without the owner’s consent.

Where can I legally park my vehicles on my property?
Vehicles must be parked on paved, impervious surfaces (i.e., driveways). Vehicles parked on the streets in front of residences must comply with the parking regulations established for the particular street, however, complaints regarding vehicles parked on the street are handled through the Kettering Police Department.

Are there restrictions on the storage of recreational vehicles on residential property?
Yes. Recreational vehicles that are less than 30 feet long and being permanently stored on the property must be parked on parking pads (paved/concreted surface) that must be located a minimum of 10 feet from any side or rear yard lot line and screened by a solid fence, wall or continuous evergreen hedge not less than six feet high. A recreational vehicle may be parked on a residential lot for a 48-hour period within any 7-day period to allow for loading and unloading of the vehicle.

How can the City address vacant properties in my neighborhood?
If there are property maintenance violations at a vacant property, the City will go through the regular notification process whereby the legal owner is provided notice of the violation and given a date where compliance must be reached.

Are there restrictions on rental properties in the City of Kettering?

Rental properties must adhere to the same codes and standards as any other property in the City of Kettering.  As of September 28, 2006, the City of Kettering will no longer administer a Landlord Registration Program.  As of that date, a law was passed by the State of Ohio requiring rental property owners to provide their county government with landlord/contact information relevant to rental properties. Rental properties located within the City of Kettering are now to be registered with Montgomery County through the County Auditor's Office in downtown Dayton.  To obtain registration forms or for further information, contact the Auditor's Office at 937-225-4326 or access their web site at www.mcauditor.org.