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Montgomery Overview
Montgomery, Ohio Code of Ordinances
CITY OF MONTGOMERY, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
CHARTER TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS AND PROPERTIES
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150.01: TITLE, PURPOSE AND APPLICATION
CHAPTER 150.02: GENERAL PROVISIONS
CHAPTER 150.03: DEFINITIONS
CHAPTER 150.10: ADMINISTRATIVE POWERS AND DUTIES
CHAPTER 150.12: PROCEDURES FOR ZONING CERTIFICATES, CERTIFICATES OF APPROVAL, AND CERTIFICATES OF OCCUPANCY
CHAPTER 150.14: ADMINISTRATIVE PROCEDURES FOR DEVELOPMENT PLAN REVIEW
CHAPTER 150.16: CONDITIONAL USE PERMITS AND SIMILAR USES
CHAPTER 150.18: REGULATIONS FOR LANDMARK PROPERTIES
CHAPTER 150.20: ADMINISTRATIVE PROCEDURES FOR APPEALS AND VARIANCES
CHAPTER 150.22: ZONING AMENDMENTS
CHAPTER 150.30: ENFORCEMENT AND PENALTIES
CHAPTER 151.01: ESTABLISHMENT OF DISTRICTS AND MAP
CHAPTER 151.10: RESIDENTIAL DISTRICT REGULATIONS
CHAPTER 151.12: BUSINESS DISTRICT REGULATIONS
CHAPTER 151.13: PLANNED UNIT DEVELOPMENTS AND INTERIM DEVELOPMENT CONTROL DISTRICTS
CHAPTER 151.14: HERITAGE OVERLAY DISTRICT REGULATIONS
CHAPTER 151.15: OLD MONTGOMERY GATEWAY DISTRICT REGULATIONS
CHAPTER 151.16: HOSPITAL CORRIDOR OVERLAY DISTRICT REGULATIONS (HOS)
CHAPTER 151.18: SEXUALLY ORIENTED BUSINESSES
CHAPTER 151.20: CONDITIONAL USE REGULATIONS
CHAPTER 151.30: SIGN REGULATIONS
CHAPTER 151.32: OFF-STREET PARKING AND LOADING REGULATIONS
CHAPTER 151.34: LANDSCAPING AND SCREENING REGULATIONS
CHAPTER 151.36: REGULATIONS FOR WIRELESS TELECOMMUNICATION FACILITIES
CHAPTER 151.50: NONCONFORMING USE REGULATIONS
CHAPTER 152: BUILDING CODE
CHAPTER 153: LAND USE FEES
CHAPTER 154: WATER MANAGEMENT, SEDIMENT CONTROL AND FLOOD DAMAGE PREVENTION
CHAPTER 155: RENEWAL AND REDEVELOPMENT
CHAPTER 156.01: SUBDIVISION REGULATIONS: INTRODUCTION AND GENERAL INTERPRETATION
CHAPTER 156.02: SUBDIVISION REGULATIONS: REQUIREMENTS FOR SUBDIVISION APPROVAL
CHAPTER 157: FLOOD DAMAGE PREVENTION
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 150.0201 GENERAL REGULATION OF LOTS.
   (A)   Required Street Frontage. All zoning lots shall front on a dedicated public street. All lots created as a result of lot splits or subdivisions shall have frontage on a dedicated street in the amount required in this Code.
   (B)   Required Yard and Open Space Maintained. The required yards surrounding an existing principal building, which have been counted or calculated as part of a side yard, rear yard, front yard, or other open space required by this Zoning Code shall not, by reason of change in ownership or otherwise, be counted or calculated to satisfy the yard or other open space requirement for any other principal building, nor shall any area occupied by a street right-of-way be included as part of the minimum yard and open space requirements or lot area requirements.
   (C)   Required Lot Area To Be Maintained. A parcel of land may be subdivided into two or more lots provided any lot resulting from such division is located in only one district and shall conform to the lot area and lot width requirements in this Code. A nonconforming lot of record that is owned separately from adjoining lots on the effective date of this Zoning Code or as amended which affected its conformity shall not be reduced in any manner that would increase its nonconforming situation.
(Ord. 5-2005, passed 3-23-05)
§ 150.0202 NUISANCES PROHIBITED.
   No use shall be permitted or authorized to be established which, when conducted in compliance with the provisions of this Zoning Code and any additional conditions and requirements prescribed, may be hazardous, noxious, or offensive due to the emission of odor, dust, smoke, fumes, cinders, gas, noise, vibration, light, electrical interference, refuse matters and water carried wastes, or which will interfere with adjacent landowners enjoyment of the use of their lands.
(Ord. 5-2005, passed 3-23-05)
§ 150.0203 VISIBILITY AT INTERSECTIONS.
   On every corner lot there shall be no material impairment to visibility (whether by the location of structures including fences, landscaping or other means) between a height of 2 feet and a height of 6 feet above the natural grade, within the triangle formed by the right-of-way lines of two intersecting streets, and a line drawn between two points, one on each such right-of-way line, each 30 feet from the point of intersection of such right-of-way lines.
(Ord. 5-2005, passed 3-23-05)
§ 150.0204 GENERAL REGULATION OF STRUCTURES AND CONSTRUCTION.
   (A)   Minimum Construction Standards. All structures, except those exempt as specified in this Zoning Code, shall comply with the standards of all enabling codes adopted by the City of Montgomery. Compliance to the building code is required regardless of whether the structure is constructed on the building site, fabricated in a factory, or moved in from a location outside the City.
   (B)   Permitted Height Exemption.
      (1)   With the exception of a residential structure in a residential district or an accessory structure in a residential district, roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, steeples, stage lofts, and screens; and the following, either rooftop or freestanding: flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, water tanks or similar structures shall be permitted to exceed the maximum height set forth for the district in which the structure is located provided:
         (a)   No such structure shall exceed the height limits of the district in which it is located by more than 15 feet; and
         (b)   No such structure shall have a total area greater than 25% of the roof area of the building.
         (c)   Fire or parapet walls shall not exceed 10% of the linear feet of the elevation of the building facade on which it is located.
      (2)   Residential structures in a residential district or accessory structures to a residential use or structure in a residential district shall not exceed the height limits of the district in which they are located.
   (C)   Accessory Buildings. Accessory buildings and uses shall be permitted in accordance with district regulations provided that no accessory structure or building is permitted on a lot unless there exists a principal building on such lot.
   (D)   Structures for Human Habitation. Only structures that meet all the requirements for a permitted dwelling unit shall be permitted to be occupied for human habitation.
   (E)   Temporary Facilities. Temporary construction facilities for use incidental to construction work may be erected in any zoning districts herein established; however, such facilities shall be removed within 30 days of removal of the temporary certificate of occupancy or upon completion or abandonment of the construction work. Such facilities shall not be occupied for human habitation. Temporary facilities include: construction fencing, construction sheds and offices, tool sheds, and portable toilet facilities.
(Ord. 5-2005, passed 3-23-05)
§ 150.0205 MEDICAL MARIJUANA.
   (A)   Legislative purpose. Although medical marijuana is in some respects legal under applicable state law, it remains illegal under federal law. The purpose of this section is to prohibit the use of real property in the city for a medical marijuana-related business or home occupation, whether as a cultivator, processor, distributor or dispensary. This section is expressly adopted as authorized by ORC § 3796.29 and as an exercise of the city's power of local self-government and Home Rule authority reserved to the city under the City Charter, and Section 3, Article XVIII of the Constitution of the State of Ohio.
   (B)   Definitions. The following definitions shall apply for all purposes under the zoning code:
      (1)   MARIJUANA. As defined in ORC § 3719.01.
      (2)   MEDICAL MARIJUANA. Marijuana that is cultivated, processed, dispensed, tested, possessed, or used, for a medical purpose, regardless of whether such marijuana is, or is not, in a form or intended for incorporation into a form permitted under ORC § 3796.06.
      (3)   MEDICAL MARIJUANA- RELATED BUSINESS OR HOME OCCUPATION. A business or home occupation use, involving in whole or in part, the cultivation, processing, distribution, and/or wholesale or retail sale of medical marijuana on the premises. This definition shall specifically include, but is not limited to, dispensaries of medical marijuana; facilities for the cultivation, packing, transportation, processing, storage, and/or sale of medical marijuana; and bakeries or kitchens producing edible forms of medical marijuana or products containing the same.
   (C)   Prohibition. No medical marijuana-related business or home occupation may be established, operated, or maintained within the city, nor shall any provision of the zoning code be construed to permit the use of any property for that purpose. This prohibition shall apply within all zoning districts within the city.
(Ord. 8, 2018, passed 7-11-18)