Montgomery County Issue 15 — City of Kettering: Charter Amendment

Last updated Sat, Nov 7, 4:33 PM ET

Ballot measure · November 3, 2026 · Kettering voters

What it does
The City of Kettering proposes amending Kettering City Charter Sections 7-3 and 7-5 as follows: 7-3. Appeals from the Planning Commission. Any person, firm or corporation, or any officer, department, board of agency of the Municipality, or any interested elector of the Municipality who has been aggrieved or affected by any decision of the Planning Commission may appeal from such decision through an appeals process established by ordinance. Section 7-5. Appeals from Board of Zoning Appeals. Any person, firm or corporation, or any officer, department, board or agency of the Municipality, or any interested elector of the Municipality who has been aggrieved or affected by any decision of the Board of Zoning Appeals may appeal from such decision through an appeals process established by ordinance. (Removes from both sections: "to Council" in the titles; appeals "to the City Council by filing a notice of intent to appeal" and a petition within times set by the Zoning Code; and "Council shall hold a public hearing on each appeal … Council by an affirmative vote of a majority of all members shall decide the matter and their decision shall be final.") Shall the proposed charter amendments, as reported by the charter commission of the City of Kettering be adopted?
Needed to pass
A simple majority: more than half of the YES and NO votes on this measure must be YES. Leaving it blank doesn't count either way.
Left–right lean
Not a left–right issue: a procedural or local question that liberals and conservatives don't typically split on (AI read of the official ballot summary).

Official text: source

Explained

Today

  • Under Sections 7-3 and 7-5 of the Kettering City Charter, anyone aggrieved or affected by a decision of the Planning Commission or the Board of Zoning Appeals (BZA), including an interested Kettering voter or a city department, appeals to City Council by filing a notice of intent to appeal and a petition within times set by the Zoning Code.
  • Council must hold a public hearing on each appeal. A majority of all Council members decides the matter, and Council's decision is final.
  • The Charter Review Committee notes that a court of common pleas will not hear these appeals until administrative remedies are exhausted, so residents now go through two public hearings (the commission or BZA, then Council) before they can go to court.

If it passes

  • The Charter would no longer say these appeals go to City Council. Instead, decisions of the Planning Commission and BZA could be appealed "through an appeals process established by ordinance."
  • The Charter's requirements for a Council public hearing on each appeal and a final Council decision by majority vote would be removed. City Council would set the appeals process by ordinance and could change it later without another public vote.
  • The same people would still have the right to appeal: any person, firm or corporation, city officer, department, board or agency, or interested elector who is aggrieved or affected by a decision.
  • The ballot language does not say what process the ordinance would set. The committee notes other Ohio cities set appeals by ordinance or send them to the local court of common pleas.

Who would notice

Property owners, businesses, developers and neighbors involved in Kettering planning and zoning decisions who might want to appeal them. It has no tax effect.

How it got here

The Charter requires the Mayor to appoint a Charter Review Committee at least every 10 years. The 2026 committee of 11 residents met five times between March 26 and May 15, 2026, and recommended this change on May 26. City Council passed Ordinance 4455-26 on June 23, 2026, placing it and the committee's other recommendations on the November 3 ballot as Issues 15 through 19.

What each side says

Supporters

  • Hearing appeals puts City Council in a quasi-judicial role, where it must follow rules of evidence and apply legal standards more commonly practiced by attorneys and judges. Requiring appeals to go to Council adds a second public hearing before residents can go to court. Setting the process by ordinance gives Council flexibility to decide where and how appeals can be heard effectively and efficiently. · Kettering 2026 Charter Review Committee

Opponents

  • No organized opposition or published argument against Issue 15 was found. The city's charter review page and official notice list the ballot questions without arguments against. · SpectrumVote review of city documents

Written by SpectrumVote from 3 linked sources (1, 2, 3). Arguments are each side's own, not ours; the official text is what you vote on.

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Quick answers

Could I still appeal a zoning or planning decision?
Yes. The amended sections keep the same list of people who may appeal; only the process would be set by city ordinance instead of being written into the Charter.
Who would hear appeals if this passes?
The ballot language does not say. City Council would decide that by ordinance. The Charter Review Committee notes that several other Ohio cities set appeals by ordinance or require them to go to the local court of common pleas.
How many votes does Montgomery County Issue 15 need to pass?
A simple majority: more than half of the YES and NO votes on this measure must be YES. Leaving it blank doesn't count either way.
Should I vote yes or no on Montgomery County Issue 15?
SpectrumVote doesn't endorse anyone or tell you how to vote. Read what a YES and a NO vote each do, and the official text, then decide based on what you want to happen.
When is the vote?
The general election was Tuesday, November 3, 2026. Counts are unofficial until each state certifies its results over the following weeks; your state or county election office has the official results.

Not sure how to decide? Read our nonpartisan guide to the Montgomery County ballot.

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