(A) Words used in this Code are used in their ordinary English usage.
(B) For the purpose of this Code the following terms, whenever used in this Code, shall have the meaning herein indicated:
ACCESS DRIVE.
A paved strip, which provides a vehicular connection between off-street parking spaces and a public street.
ACCESSORY USE OR BUILDING.
Subordinate use or building customarily incidental to and located on the same lot with the principle building or use.
ADULT DAY-CARE FACILITY.
An establishment that during any part of the normal business day provides supervised educational, recreational and social activities to elderly and/or handicapped adults, but not including persons suffering from acute or chronic alcoholism or other drug dependency and persons who regularly require restraint.
ALTER OR ALTERATION. Any material change in external architectural feature(s) of any property or any change to an archaeological feature of the property, including a change or rearrangement in the structural parts or building service equipment or an enlargement, whether by extending on a side or by increasing height. ALTERATION shall include a change in design, color, texture, materials or exterior architectural feature. Ordinary maintenance to correct any deterioration or damage to a structure or to restore the structure to its condition prior to such deterioration or damage is excluded from the definition of ALTERATION, provided such work does not involve a change in design, color, texture, material or exterior architectural feature.
ANIMAL ENCLOSURE. Any structure used to restrict an animal or animals to a limited amount of space, such as a pen, cage, coop or hutch. Animal enclosures shall also include any structure used to house an animal or animals and/or provide protection from the elements, such as a dog house. Animal enclosures shall not include bird houses.
ANIMAL BOARDING FACILITY. A facility providing for the shelter and care of dogs and cats on a commercial basis including activities such as feeding, exercising, grooming and incidental medical care.
ANIMAL GROOMING FACILITY. A facility providing bathing, cutting and trimming services for dogs and cats on a commercial basis, but shall not include the overnight boarding of animals.
ANIMAL HOSPITAL OR CLINIC. A place where animals are given medical or surgical treatment and the boarding of animals occurs only as an incidental use.
APPLICANT. Any owner, owners, association, partnership, corporation, or agents thereof, who applies for a zoning certificate, building permit, certificate of occupancy, variance, conditional use permit, sign permit, zoning amendment or certificate of approval.
ARCHITECTURAL FEATURE. Ornamentation or decorative features attached to or protruding from an exterior wall of a building, including, but not limited to: cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys, and other decorative ornaments.
ASSOCIATION. A legal entity operating under recorded land agreements or contracts through which each unit owner in a single-family detached cluster development, single-family attached dwellings or multi-family development is a member and each dwelling unit is subject to charges for a proportionate share of the expenses of the organization's activities such as maintaining common open space and other common areas and providing services needed for the development. An association can take the form of a homeowners' association, community association, condominium association or other similar entity.
AUTOMOBILE SERVICE STATION (See also GASOLINE STATION). A building, part of a building, structure or space which is used for the retail sale of lubricants and motor vehicle accessories.
AUTOMOBILE/TRUCK RENTAL AGENCY. The use of any building, land area or other premise for the leasing of automobiles, vans, and/or single axle trucks or trailers.
AUTOMOBILE/TRUCK SALES AGENCY. Any establishment engaged in activities such as displaying, offering for sale and selling new and used motor vehicles at retail, and which may also include, as an incidental use to such sales, operating a service facility to perform repairs and maintenance on motor
vehicles, offering for sale and selling motor vehicle parts at retail, and conducting all other acts that are usual and customary to the operation of a new or used motor vehicle dealership. For purposes of this chapter, possession of either a valid new or used motor vehicle dealer franchise agreement or a new or used motor vehicle dealer license, or both of these items, is not evidence that a person is operating as an automobile/truck sale agency. Also for purposes of this chapter, the terms used herein not specifically defined in this chapter, shall be defined as in R.C. Chapter 4517 and successors.
AWNING. An awning shall include any structure made of cloth, metal, plastic or any other similar material with a frame attached to a building or other structure and projecting outward therefrom. An awning may be retractable so as to permit it to be raised to a position flat against the building when not in use, but its general purpose will be to provide shelter or shade.
BASEMENT. A story or an area of the building having its floor sub grade (below ground level) on all sides and for that part, it shall not have more than one-half of its height below grade. A basement is counted as a half-story for the purposes of height regulation.
BED AND BREAKFAST. A private owner-occupied or manager-occupied residence where overnight accommodations are available and compensation is paid by guests for overnight stay.
BLOCK. The area between two adjacent streets or if no streets are present an area not to exceed 600 feet in length or width.
BOARD. The Montgomery Board of Zoning Appeals, as established by Charter.
BUFFER. An area of healthy and viable vegetation, natural or planted, adjoining or surrounding a land use and unoccupied in its entirety by any building structure, paving or portion of such land use, for the purpose of separating screening and softening the effects of the land use. A buffer may include a wall, fence or berm. No part of this buffer
is to be used for active recreation, parking, or interior access drives.
BUILDABLE AREA.
The area of the lot remaining after the minimum zoning requirements for yards, setbacks, coverage and allowance for panhandles, easements and restrictions have been met. See Figure 1.
Figure 1. Buildable Area.
BUILDING.
Any structure with a roof and walls designed or intended for the support, enclosure, shelter, or protection of persons, animal or property.
(1) BUILDING, ACCESSORY.
A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental to that of the principal building or use. The footprint of an accessory building shall be smaller than the footprint of the principal building on a residential lot.
(2) BUILDING, PRINCIPAL.
A building occupied by the main use of the lot on which said building is located.
BUILDING COVERAGE.
The lot area covered by the principal building(s) and any roofed over accessory buildings or structures, measured from the exterior faces of exterior walls, but excluding decks, terraces and other accessory uses which are open to the sky.
BUILDING DEPARTMENT.
The Building Department of the City of Montgomery, Ohio, its chief enforcement official or his/her regularly authorized deputy.
BUILDING, HEIGHT OF.
The vertical distance from the average lot grade at the front of the structure to the highest point of the structure, i.e. to the coping of a flat roof or to the deck line of a mansard roof, or the mean height between eaves and ridge for hip and gable roofs.
BUILDING LINE.
An imaginary linear extension of the building wall parallel to the street right-of-way line defining the limits of the front yard, or in the case of a corner lot, either yard abutting the street.
CANOPY.
A canopy shall include any structure, made of cloth, metal, plastic, concrete or any other similar material which is supported by poles, stanchions or a frame projecting from the ground which has as its general purpose providing shelter or shade.
CAR WASH.
A building or enclosed area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.
CELLAR.
A space between the floor and the ceiling next above it having more than one-half of its height below grade. A cellar is counted as a story for the purposes of height regulation only if it is used for dwelling purposes.
CERTIFICATE OF APPROVAL.
A document issued by the Landmarks Commission signifying that the proposed demolition or moving of a designated landmark or the construction, reconstruction or alteration of a designated landmark has been reviewed by the Landmarks Commission, and found to be in compliance with the requirements for historical and architectural landmarks, as outlined in this Zoning Code. Certificates of approval shall also be issued by the Zoning Administrator for exterior changes to buildings in the Heritage Overlay District that are neither a designated landmark nor subject to development plan review, in accordance with the provisions of this Zoning Code.
CERTIFICATE OF OCCUPANCY. A certificate stating that a building or structure, as illustrated on approved plans and as constructed, conforms to the provisions of this Zoning Code.
CHILD DAY-CARE. Administering to the needs of infants, toddlers, preschool children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the 24 hour day in a place or residence other than a child's own home.
CHILD DAY-CARE FACILITY. Any place other than a family daycare home in which child day-care is provided.
CLINIC. An establishment where sick, ailing, infirm, or injured persons are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, or other medical personnel and where patients are not kept longer than 23 hours. Such clinics may include ambulatory or emergency care centers.
CLUB. A building or portion thereof or premises owned or operated by a corporation, association, or group of persons for a social, educational, recreational, charitable, political, patriotic or athletic purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
COMMISSION. The Landmarks or Planning Commission of the City of Montgomery.
COMMON AREA. Any land area, and associated facilities, within a single-family detached cluster development, attached single-family development or multi-family development that is held in common ownership by the residents of the development through a homeowners' association, community association or other legal entity, or which is held by the individual members of a condominium association as tenants-in-common.
COMMON DRIVE. A shared means of vehicular ingress and egress located within an easement of access serving two to six lots not dedicated to the city by recorded instrument that is maintained solely by the party or parties using such drive for private access.
COMMUNITY MARKET. The temporary outdoor sale and display of goods operated by a non-for-profit or service organization supporting the Montgomery community.
COMPOST HEAP. A pile of organic materials kept under controlled conditions so that the original raw materials are transformed by decay and degradation into compost.
COMPREHENSIVE PLAN. A document adopted by City Council which sets forth the community characteristics, articulates goals, and explores alternative long-term plans for the future of the city.
CONDITIONAL USE. See USE, CONDITIONAL.
CONDITIONAL USE PERMIT.
A permit issued by the Zoning Administrator upon approval by the Planning Commission and/or Council to allow a use other than a principally permitted use to be established within the district on a specific parcel. See also:
USE, CONDITIONAL
.
CONSTRUCTION & MECHANICAL SERVICES.
Contracting businesses including heating, air conditioning, plumbing, electrical, and general contracting, which typically require storage of machinery, equipment, and/or material on premise in addition to administrative offices and service counters.
CONTRIBUTING PROPERTY.
A building, structure, or site within the Heritage Overlay District that is not a designated landmark, but which adds to the historic significance of the District because of its historic associations, historic architectural qualities, or archaeological values for which the District is significant. A contributing property must also retain its "integrity", meaning it must retain enough of its historic physical features to convey its significance as part of the District.
COUNCIL.
City Council of the City of Montgomery.
CREMATORY.
A building where human bodies or human remains are burned to ashes.
DENSITY.
A unit or measurement describing the number of dwelling units permitted per gross acre of land.
DESIGN CONSISTENT PROPERTY.
A property located in the Heritage Overlay District that was built since the adoption of the Heritage District Design Guidelines and conforms to those guidelines.
DISTRICT.
A section of the municipality for which the regulations governing the use of buildings, the size of yards, and the area of lots are uniform.
DRIVE-THRU FACILITY.
An establishment which is designed to provide service to customers while in their motor vehicles, which may be in addition to similar services offered within the building. The term "drive-thru" shall also include "drive-up" and "drive-in", including kiosks and ATM's, but shall not include car wash, gasoline station, and automobile service station.
DRIVEWAY, PRIVATE RESIDENCE.
A paved drive extending from the street pavement to a private garage or garages on a residential lot which is used by residents of the lot for vehicular access to and from such street and for the temporary storage of registered and licensed motor vehicles.
DWELLING.
Any building or portion thereof containing one or more dwelling units which is designed or used for residential purposes exclusively, except as expressly permitted in this Zoning Code.
DWELLING, ATTACHED SINGLE-FAMILY.
Dwelling units that are structurally attached to one another, side by side, and erected as one building, each dwelling unit being separated from the adjoining unit or units by a party wall without openings extending from the basement floor to the roof and each such building being separated from any other building by space on all sides, and including such elements as separate ground floor entrances, services and attached garages.
DWELLING, CLUSTER SINGLE-FAMILY. A dwelling unit which is designed and used exclusively by one family and separated from all other dwelling units by open space from ground to sky, which is grouped with other dwelling units on a site and which may be located on its own subdivided lot without a front, side and/or rear yard in compliance with the standard zoning district regulations.
DWELLING, DETACHED SINGLE-FAMILY. A dwelling unit designed for or occupied exclusively by one family situated on a lot located on a public street with a front, side and rear yard and separated from all other dwelling units by open space from ground to sky.
DWELLING, MULTIPLE. A dwelling or portion thereof designed for or occupied by more than two families living independently of each other in more than two dwelling units where the units are separated by party walls with varying arrangements of entrances.
DWELLING, TWO-FAMILY. A dwelling designed for or occupied exclusively by two families living independently of each other in two dwelling units. The dwelling units may be either attached side by side or one above the other.
DWELLING UNIT. A group of rooms comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family.
EASEMENT. A grant by a property owner of the use, for a specific purpose or purposes, of a designated strip of land to the general public, a corporation, or other individuals.
ENVIRONMENTAL CONSERVATION AREA. A tract of land that has been awarded protected status in order to ensure that natural features or biota are safeguarded.
FAMILY. One or more persons related by blood, adoption, marriage or legal guardianship plus no more than five unrelated individuals residing in a household as a functional family maintaining a common household as their permanent residence, as distinguished from a group occupying a hotel (or motel), as defined herein.
FAMILY DAY CARE HOME, TYPE B. A permanent residence of the provider in which child day-care or child day-care services are provided for one to six children at one time and in which no more than three children may be under two years of age at one time. In counting children for the purposes of this division, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted. TYPE B FAMILY DAY-CARE HOME does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings, nor does it include any child day camp.
FARM ANIMALS/LIVESTOCK. Animals, including horses, pigs, goats, cows, sheep, geese, ostriches, roosters and other animals typically kept on farms. FARM ANIMALS/LIVESTOCK does not include chickens/hens or rabbits.
FENCE. A vertical structure of a linear nature that is a barrier and is used as a boundary, as a means of protection, confinement, decoration, or as part of a buffer, which is made of traditional manufactured fencing material, such as but not limited to chain link, wood or stone material.
FIRE PIT. A below ground pit or a manufactured portable device intended to contain and control outdoor wood fires. Below ground fire pits shall be at least four inches in depth, no greater than 16 square feet or four feet in diameter and shall be
surrounded on the outside, above ground, by a noncombustible material such as steel, brick or masonry. Manufactured portable fire pits shall be used in accordance with the manufacturer's specifications.
FLOOR AREA, GROSS. The total number of square feet of all floor space contained within the outside surface of the exterior walls of a building or from the center line of a common wall separating two buildings but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial purposes, including storage in a habitable space, it shall be counted as floor area in computing off-street parking requirements.
FLOOR AREA, DWELLING UNIT. The sum of the gross horizontal area of a building devoted to residential use measured from the exterior faces of exterior walls or from the centerline of common walls separating two dwelling units. It shall not include unfinished basements, attached garages, attics, terraces, breezeways, open porches, and covered steps.
FOUNDATION. The support base of a building or structure built at or below grade which serves as the support of a wall, pier, column or other structural part of a building or structure.
FOSTER HOME. A residence certified by the State of Ohio to provide foster care for children.
FRONTAGE. That portion of the boundary of a lot which abuts a dedicated public street right-of-way or easement.
FUNERAL HOME. A building or part thereof used for human funeral services. Such building may contain space and facilities for: (a) embalming and the performance of other services used in preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; and (d) the storage of funeral vehicles, but shall not include facilities for cremation. Where a
funeral home is permitted, a funeral chapel shall also be permitted.
GARAGE, PARKING (see also PARKING LOT). A principal or accessory building or an enclosed space within the principal building in which motor vehicles owned by the general public are parked, including facilities operated as a business enterprise with a service charge or fee paid to the owner or operator of such facility, with no facilities for mechanical service or repair of a commercial or public nature.
GARAGE, PRIVATE. An accessory building or portion of the main building designed or used principally for the storage of self-propelled passenger vehicles or trailers by the families resident upon the premises.
GASOLINE STATION (see also AUTO- MOBILE SERVICE STATION). An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by an attendant or by persons other than the station attendant and may include facilities available for the sale of other retail products.
GRADE. The elevation of the finished surface of the ground adjoining the building after final grading and normal settlement. The grade shall be determined by:
(1) For buildings five feet or less from a street, the grade is the sidewalk elevation at the center of the building. If there is more than one street, an average sidewalk elevation is to be used. If there is no sidewalk, the Zoning Administrator shall establish the sidewalk grade.
(2) For buildings more than five feet from any street, the grade is the average level of the finished surface of the ground within 50 feet of the exterior walls of the building.
GREEN SPACE. An area that is permanently set aside in a natural, undisturbed or re-vegetated condition and will not be developed with any impervious cover and/or structures.
HOME OCCUPATION. Any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling.
HOSPITAL. An institution providing health services primarily for in-patient medical or surgical care and emergency services for human patients and including related facilities such as laboratories, outpatient departments, training facilities, and staff offices that are an integral part of the facilities.
HOTEL (or MOTEL). A building in which lodging is provided and offered to the public for compensation on a daily rate and which is open to occupancy for periods of less than one week.
IMPERVIOUS COVER. Any surface in the urban/suburban landscape that cannot effectively absorb or infiltrate rainfall.
INDOOR RECREATION. An indoor facility for any number of uses such as game courts, exercise equipment, exercise and/or dance floor area, pools, locker rooms, spa, whirlpool or hot tub, and which may include an accessory retail shop for the sale of related equipment.
INSTITUTION. A building occupied by a non-profit corporation or a non-profit establishment for public use.
LANDSCAPE AREA. A portion of property where the surface of the ground has been purposely planted, cultivated and maintained to create an aesthetic effect, which includes, but is not limited to lawn grass, ornamental grass, bushes, trees, flowers or other vegetation and surface covering, such as gravel, rocks, shale, bark, mulch, soils and paving stones, but does not include weeds or noxious weeds.
LANDMARK PROPERTY. Any property which has special character, historical aesthetic, architectural, or archaeological value as part of the heritage, development, or cultural characteristics of the city, state, or the United States, and which has been designated as an approved landmark pursuant to the provisions of this Zoning Code.
LIGHT POLE.
A freestanding vertical support used for the purpose of elevating a light source.
LOADING SPACE, OFF-STREET.
An area located on the same lot with a building or contiguous to a group of buildings, completely outside of any public right-of-way, for the temporary parking of vehicles entering the premises for picking up and making delivery of goods and materials.
LOT.
A combination of complete lots of record, a combination of complete lots of record and portions of lots of record, or a combination of portions of lots of record. If more than one lot or a portion of a lot is used collectively to meet the minimum lots requirements, the lots must be contiguous and allow for either the construction with appropriate setbacks for any proposed building on the site, or the safe movement within the site of motor vehicle traffic between the lots over a surface drive of appropriate width and meeting all Code requirements for setbacks and two way travel. The term
ZONING LOT
is used synonymously with
LOT
in this Zoning Code. A lot may consist of:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record. If more than one lot is used collectively to meet the minimum lot requirements, they must be contiguous and allow for the safe and convenient movement of automobile and customer movement between the lots and allow for adequate construction of a proposed building on site.
LOT AREA.
The area contained within the lot lines exclusive of any portion of the right-of-way of any public street.
LOT COVERAGE.
The ratio of total ground floor area of all buildings on a lot to the area of the lot expressed as a percentage.
LOT, DEPTH OF.
The mean horizontal distance between the front and rear lot lines.
LOT LINE.
The boundary line defining the limits of the lot. Lot line is synonymous with "property line". See Figure 2.
(1) LOT LINE, FRONT.
The lot line separating a lot from a street right-of-way.
(2) LOT LINE, REAR.
The lot line opposite and most distant from the front lot line; or in the case of triangular or irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
(3) LOT LINE, SIDE.
Any lot line other than a front or rear lot line.
Figure 2. Lot Lines.
LOT OF RECORD.
A lot which is part of a subdivision, the map of which has been recorded in the office of the recorder of Hamilton County, Ohio, or a parcel of land, the deed to which was on record on or prior to the effective date of this Zoning Code. For the purposes of these regulations, any plan of a subdivision which has been approved by official action of the City Planning Commission on or before the effective date of this Zoning Code shall have the same status as if the subdivision plan was officially recorded in the office of the recorder of Hamilton County, Ohio.
LOT TYPES
(See Figure 3).
(1) CORNER LOT.
A lot abutting upon two or more streets at their intersection or upon two or more parts of the same street which, in either case, form an interior angle of less than 135 degrees.
(2) DOUBLE FRONTAGE (OR THROUGH) LOT.
A lot having frontage on two streets not at an intersection, as distinguished from a corner lot.
(3) INTERIOR LOT.
A lot abutting or with frontage on only one street.
(4) PANHANDLE LOT.
A lot utilizing a strip of land to provide access to or legal frontage on a public street, but where the majority of the area of the lot is situated immediately behind one or more lots (front lots) relative to the street right-of-way to which the panhandle lot has access. Such lots are commonly referred to as "rear lots" and "flag lots". The intended use of the panhandle lot is for a residential dwelling, separate and apart from the front lot.
Figure 3. Lot Types.
LOT WIDTH.
The horizontal distance between the side lot lines, measured along a straight line parallel to the front lot line at the required setback line.
MANSARD.
A sloped roof or rooflike facade architecturally comparable to a building wall.
MAUSOLEUM.
Any building designed or intended as a tomb for the interment of one or more human bodies or human cremains at or above grade level.
MEDICAL OFFICE.
A building or portion thereof where human patients are admitted for examination and treatment by members of the medical, dental, or healing arts profession in group or individual practice, but who are not lodged overnight.
MINOR ALTERATION.
Any incidental construction, addition or modification of a building or structure, as set forth in § 150.1405.
MOTEL.
See
HOTEL
.
NEW MOTOR VEHICLE.
A motor vehicle, the legal title to which has never been transferred by a manufacturer, remanufacturer, distributor or dealer to an ultimate purchaser.
NONCONFORMING BUILDING.
A building or other structure existing when this Zoning Code or any amendment thereto became effective which does not conform to the regulations governing structures of the district in which it is located.
NONCONFORMING LOT.
A lot lawfully existing on the effective date of this Zoning Code or any amendment thereto, which on such effective date, does not conform to the lot area, width or frontage requirements of the district in which it is located.
NONCONFORMING SITE CONDITION.
Any structure lawfully existing on the effective date of this Zoning Code or any amendment thereto, which, on such effective date, does not conform to the yard regulations, off-street parking and loading requirements, sign regulations, landscaping or screening requirements or other development standards of the district in which it is situated.
NONCONFORMING USE.
Any structure or land lawfully occupied by a use on the effective date of this Zoning Code or any amendment thereto but which does not conform to the use regulations, off-street parking and loading requirements, or performance standards of the district in which it is located.
NON-CONTRIBUTING PROPERTY.
A property within the Heritage Overlay District that does not add historic significance to the District because it was built prior to the adoption of the Heritage District Guidelines and is not consistent with the 19th century village theme, or a building which may have originally had architectural characteristics that represented the desired 19th century village theme, but has been altered over time and no longer contributes to the District theme.
NURSING HOME.
An extended or intermediate care facility which provides skilled nursing and dietary care for persons who are ill or incapacitated or which provides service for the rehabilitation of the persons who are convalescing from illness or incapacitation, excluding homes or similar institutions or facilities for persons suffering from acute or chronic alcoholism or other drug dependency, or persons who are mentally incapacitated from causes other than simple senility or who regularly require constraint.
OPEN SPACE.
An area that is permanently set aside for public use and may be used for passive or active recreation, stormwater management, landscaped areas and other similar uses.
OUTDOOR DISPLAY.
The placing of merchandise in an outdoor area that is open to the general public when the merchandise on display is removed from its shipping packaging and is representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area.
OUTDOOR BOILER, STOVE OR FURNACE.
An accessory structure, designed and intended, through the burning of wood or other solid fuel for the purpose of heating the principal structure or any other site, building, or structure on the premises.
OUTDOOR FIREPLACE.
A permanent outdoor fireplace consisting of such elements such as a center firebox, chimney, screen and back wall. Materials include prefabricated metal, terracotta, brick, stucco and stacked stone. For the purposes of this chapter, fire pits are not considered outdoor fireplaces. See also
FIRE PIT
.
OUTDOOR KITCHEN.
A permanent cooking area in an outdoor living space, usually designed for dining and entertaining. Outdoor kitchens may consist of a simple barbecue and counter or can be more involved with a grill, cook stove or cook top, sink, refrigerator, lighting, cabinetry, fireplace, countertops, etc. For the purposes of this chapter, portable grills are not considered outdoor kitchens.
PARAPET. The extension of a false front or wall above a roofline.
PARKING LOT (see also GARAGE, PARKING). A paved area made up of marked, unenclosed parking spaces where vehicles may be stored for the purposes of temporary, daily or overnight off-street parking.
PARKING SPACE, OFF-STREET. An open or enclosed area sufficient in size to store an automobile with room for opening doors on both sides and with access to a public street. Arrangement of the parking space shall be such as to allow satisfactory ingress and egress of an automobile, and shall be located totally outside of any public right-of-way.
PATIO. A paved outdoor space that adjoins a dwelling unit, includes an area also referred to as terrace.
PELLET STOVE. A device that burns compressed wood or biomass pellets to create a source of heat.
PERGOLA. An arbor or passageway of columns supporting a roof of trelliswork on which climbing plants are often trained to grow.
PLACE OF WORSHIP. A building, structure, or other indoor or outdoor facility used for public worship. The word PLACE OF WORSHIP includes the words "church," "chapel," "synagogue", "tabernacle," "mosque," and "temple" and their uses and activities that are customarily related.
PLAN, DEVELOPMENT. Drawing(s) and map(s) illustrating the proposed design, layout and other features for the development of one or more lots.
POLE BUILDING. A permanent structure which has the primary support derived of wood or metal posts supported by individual submerged footers, rather than a single continuous foundation, and the framing of the structure is horizontal rather than vertical. Pole structures include freestanding unattached, unenclosed carports, with or without poured footers.
PROPERTY LINE. See LOT LINE.
PUBLIC OFFICES. Governmentally owned and operated office facility established to provide administrative services for said governmental agency.
PUBLIC PARK. A public park is any publicly owned park, playground, swimming pool or other similar use within the jurisdiction and control of the city. Accessory structures such as restrooms, gazeboes, picnic tables, barbeque grills, basketball hoops and other similar uses shall be permitted in public parks.
PUBLIC SAFETY FACILITY. A governmentally owned and operated facility established to provide local police or fire safety services to the surrounding area.
PUBLIC SERVICE FACILITY. The erection, construction, alteration, operation, or maintenance of buildings, power plants, or substations, water treatment plants, or pumping stations, sewage disposal or pumping plants, and other similar public service structures by a public utility, a railroad, whether publicly or privately owned, or a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage service.
RAIN BARREL. A barrel used as a cistern to hold rainwater.
RAIN GARDEN. A landscaping feature that is planted with native perennial plants and is used to manage stormwater runoff from impervious surfaces such as roofs, sidewalks, parking areas, etc.
RECONSTRUCTION. The reproducing by new construction of the exact form and detail of a vanished structure, or a part thereof, as it appeared at a specific period of time, as detailed in the Secretary of the Interior's guidelines.
REHABILITATION. The restoration, rehabilitation or conservation of blighted premises by improvement, modernization or repair of a structure or structures thereon to bring it into conformance with applicable building and zoning provisions of the city. The restoration, rehabilitation or conservation of a deteriorating or blighted area by:
(1) Formulating and carrying out a plan for a program of voluntary improvement, modernization or repair or rehabilitation of privately owned structures;
(2) The acquisition of real estate and the demolition or removal of buildings thereto where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density or eliminate blight or incompatible land uses detrimental to the public health and welfare;
(3) Otherwise removing or preventing the spread of blight or deterioration;
(4) Constructing or reconstructing necessary streets, playgrounds, utilities, parks and other public improvements;
(5) Acquiring and clearing land for development of privately owned community facilities;
(6) Disposing, for uses in accordance with the urban renewal plan, of property acquired;
(7) Purchasing, repairing and rehabilitating for guidance purposes and reselling of buildings which are located in the urban renewal area and which, under the urban renewal plan, are to be repaired or rehabilitated for dwelling use or related facilities, provided that there shall not be acquired for such purposes, in any urban renewal area, buildings which contain or will contain more than 100 dwelling units, or 5% of the total number of dwelling units in such area which under the urban renewal plan are to be repaired or rehabilitated, whichever is the lesser;
(8) Rehabilitation shall not include the construction or improvement by the city of any building other than municipal buildings, except as provided in division (7) hereof.
RESIDENTIAL FACILITY. A publically or privately operated home as defined by R.C. Chapter 5119. RESIDENTIAL FACILITIES shall further be divided into Category I and Category II which are defined below:
(1) Category I means a residential facility providing accommodations and personal care services for one to five unrelated persons and licensed as a residential facility by the State of Ohio.
(2) Category II means a residential facility providing accommodations and personal care services for six to 16 persons and licensed as a residential facility by the State of Ohio.
RESTAURANT, COUNTER SERVICE. A retail service establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or
for carry-out, and where customers are not served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items are consumed.
RESTAURANT, TABLE SERVICE. A retail service establishment wherein the entire business activity, or substantially all of the business activity, consists of the sale of food and service to patrons seated at tables for consumption within the building.
RETAIL ESTABLISHMENT. An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, which is open to the general public during regular business hours and which has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the Planning Commission may consider the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows.
RETAIL, GENERAL. General retail uses are higher volume, larger footprint retail establishments that offer a wide variety of merchandise and serve a broad customer base with extended hours and parking needs. General retail uses are higher intensity operations which have higher traffic volumes and deliveries. Larger parking areas and trash receptacles are required, as is the need for outdoor display and signage. General retail uses include department stores, furniture and appliance stores, electronic stores, fruit and vegetable markets, hardware stores, hobby stores, dry goods and other similar uses.
RETAIL, SPECIALTY. Specialty retail uses are retail establishments which have limited impact on traffic and surrounding properties due to the size and nature of the business. Specialty retail uses are low intensity operations requiring limited space and a limited number of employees. These businesses do not generate a high volume of traffic and do not need large parking fields or large amounts of lighting and signage. Inventory of merchandise is delivered infrequently by vans or small trucks and deliveries do not require a loading dock. Specialty retail uses include boutique clothing, gift shops, book stores, card stores, art galleries and other similar uses.
RETIREMENT VILLAGE. A residential facility to provide for the personal, social and/or medical needs of individuals who are elderly. The facility may include one or more of the following types of residential facilities: independent living with congregate dining facilities, congregate living, or assisted living, any of which may include nursing care as an accessory use.
RIGHT-OF-WAY. A strip of land taken, dedicated, or otherwise recorded as an irrevocable right-of-passage for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, water and sewer lines, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
RIGHT-OF-WAY LINE. The line between a lot, tract, or parcel of land and a contiguous public street, and demarcating the public right-of-way. RIGHT-OF-WAY LINE also means STREET LINE.
ROOFLINE.
The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections. See Figure 4.
Figure 4. Roof Types.
SATELLITE DISH.
A device capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, and satellite microwave antennas.
SCHOOL FACILITIES.
Publicly or privately owned facilities providing full-time or part time instruction and training at the elementary, junior high and high school levels in accordance with the requirements of R.C. Chapter 3313; or publicly or privately owned facilities providing kindergarten or nursery school training and care which are operated by a board of education or an established religious organization.
SCHOOL, COMMERCIAL AND TRADE.
A higher education facility primarily teaching useable skills that prepare students for jobs in a trade.
SCREEN.
A method of reducing the impact of noise and unsightly visual intrusions with more harmonious elements, such as plants, berms, fences, walls, or a combination thereof, in compliance with this Zoning Code.
SETBACK.
The required minimum horizontal distance between a lot line and a structure as established by this Zoning Code.
SETBACK LINE
(See also
YARD, REQUIRED
). A line established by this Zoning Code generally parallel with and measured from the lot line, defining the limits of the required yard in which no building, or structure may be located above ground, except as may be provided in this Zoning Code. The term
SETBACK LINE
shall also include "required setback line."
SIDEWALK.
That portion of a right-of-way between the curb line and the adjacent property lines, intended for the use of pedestrians.
SIGN.
Any object, device, display, graphic, architectural feature, structure, or part thereof, which is situated indoors or outdoors or is attached to, painted on, or displayed from any premises in order to direct attention to or announce an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
STABLE, PRIVATE.
An accessory building to a residential, principal use that shelters animals for the exclusive use of the occupants of the premises.
STORMWATER BEST MANAGEMENT PRACTICE ("STORMWATER BMP").
A structural or non-structural technique designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities. Examples include rain gardens, bio-retention areas, filter strips, swales, and other progressive environmental methods.
STORY.
That portion of a building, other than a cellar as defined herein, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF.
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use, or a basement.
STREET.
All property dedicated for public street, highway, freeway, or roadway purposes or subject to public easements. Included is the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, gutters, sidewalks, division strips or other areas within the right-of-way lines. Streets are further classified as follows:
(1) ALLEY.
A street used primarily for service access to the rear or side of properties abutting also on other streets.
(2) ARTERIAL STREET.
A street primarily for through traffic usually on a continuous route. This facility provides for through traffic movement between areas, across the country, and to and from expressways.
(3) COLLECTOR STREET.
A street that primarily carries traffic from local to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
(4) LOCAL STREET.
A street primarily for providing access to residential or other abutting property.
(5) PRIVATE STREET.
A local private way that provides vehicular access to more than one residential structure that is not and will not be dedicated to public use, but which is owned and maintained by an association.
(6) PUBLIC STREET.
An existing state, county, or city street or public road shown on the recorded subdivision plat.
STREAM BUFFER.
A vegetated area bordering a stream which exists or is established to protect a stream system.
STREET LINE.
See
RIGHT-OF-WAY LINE
.
STREETSCAPE.
The planned system of pedestrian walkways and improvements on major and secondary arteries in historic downtown Montgomery as specified by ordinance.
STRUCTURAL ALTERATION.
Any change in the supporting members of the building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area or cubical content of the building.
STRUCTURE.
Anything constructed or erected, having permanent location on or in the ground or attached to something having a permanent location on or in the ground, including, but not limited to, buildings, barriers, bridges, decks, fences, gazebos, outdoor seating facilities, platforms, poles, advertising signs, back stops for athletic fields or courts, pergolas, pools, patios, sheds and walls.
STUDIOS FOR INSTRUCTION.
A building, or portion thereof, that is used or intended to be used for nonacademic group instructional purposes for a fee, which include but are not limited to arts, crafts, dance, and computer instruction.
SWIMMING POOL.
An outdoor structure, in-ground or above-ground, used for recreational swimming, which is designed to contain at least two feet of water at any point and has a diameter greater than six feet.
TEMPORARY STORAGE CONTAINER.
Any container, storage unit, or other portable structure designed and primarily used for the temporary storage of personal property and which is located outside an enclosed building. Accessory buildings complying with all building and zoning requirements shall not be considered a temporary storage container.
TRANSFER.
Any sale, lease, assignment, or other conveyance by an applicant, either voluntary or by operation of law, of any permit or approval granted to such applicant under this Zoning Code, or occupancy or management by any person other than the applicant or its employees of any property which is the subject of such a permit or approval, without the prior written consent of the Planning Commission, Board of Zoning Appeals, or City Council, as applicable. If the applicant is a corporation, then any merger, consolidation, dissolution or liquidation, or any change (whether in one or a series of transactions) in ownership or power to vote 50% or more of its outstanding voting stock shall constitute a transfer requiring prior written consent. If the applicant is a limited liability company, partnership, joint venture or other entity, then any liquidation or dissolution, or any transfer of ownership of interests totaling 50% or more of the total interests in such entity (whether in one or a series of transactions) shall constitute a transfer requiring prior written consent. These provisions shall not be applicable so long as the stock of the applicant is traded at a recognized regional stock exchange.
USE.
The purpose for which land, a building or structure is arranged, designed, intended, maintained or occupied; or any occupation, activity or operation carried on in a building or structure or on land.
(1) USE, ACCESSORY.
A use of land incidental to the principal use of a lot or building located on the same lot.
(2) USE, CONDITIONAL.
A use permitted in a district, other than a principal use permitted by right, which is allowed only under certain conditions as set forth in Chapter 151.20 and which requires a conditional use permit and approval in accordance with the standards and procedures set forth in Chapter 150.16.
(3) USE, PERMITTED.
A use that is authorized by this Zoning Code as either a use permitted by right, a conditional use or an accessory use.
(4) USE PERMITTED BY RIGHT.
A permitted use that is approved administratively when it complies with the standards and requirements set forth in the Zoning Code, the approval of which does not require a public hearing.
(5) USE, PRINCIPAL.
The primary or main use or activity of a building or lot.
VARIANCE.
A grant of relief from the strict requirements of the Zoning Code, provided, however, that such grant does not have the effect of nullifying the intent and purpose of the Zoning Code.
VARIANCE, DIMENSIONAL.
A grant of relief from the dimensional or area requirements (i.e. height, setbacks, yard) of the Zoning Code, when it is determined that the strict enforcement of the Code will result in practical difficulty to the applicant, pursuant to § 150.2010.
VEHICLE MAINTENANCE & REPAIR FACILITY.
The repair, rebuilding or reconstruction of motor vehicles or parts thereof including collision service, painting, washing and steam cleaning of vehicles. This also includes general maintenance facilities such as tire and/or exhaust system replacement, and oil and lube facilities.
WALL.
A vertical structure of a linear nature that is a barrier and is used as a boundary, as a means of protection or confinement or as a buffer, which is made of manufactured material, such as but not limited to wood or stone material.
YARD
(See Figure 5). An open space on the same lot with a principal building extending between the lot line and the extreme front, rear or side wall of the main building or structure.
(1) YARD, FRONT.
A yard extending across the full width of the lot between the front of the principal building and the front lot line. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner
lot. Where a lot has frontage on two streets not at an intersection (double frontage or through lots), there shall be a front yard on both streets.
(2) YARD, REAR.
A yard extending across the full width of the lot between the rear of the principal building and the rear lot line. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension.
(3) YARD, REQUIRED
(see also
SETBACK LINE
). The open space between a lot line and a setback line for a building, parking area or use that is the minimum area required to comply with the regulations of the district in which the lot is located, and within which no structure shall be located except as expressly permitted in this Zoning Code.
(4) YARD, SIDE.
A yard between the principal building and the side lot line and extending from the front yard or front lot line to the rear yard or rear lot line.
Figure 5. Yards.
YARD STRUCTURE.
A subordinate structure detached from, but located on the same lot as the principal building, the use of which is incidental to that of the principal building or use and having permanent location on or in the ground. Yard structures include, but are not limited to gazebos, play equipment, trellises, arbors, pergolas, basketball hoops, fire pits, dog houses, skateboard ramps, fountains, sculptures, ponds, and animal enclosures.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 6-2006, passed 4-5-06; Am. Ord. 2-2009, passed 3-4-09; Am. Ord. 13-2009, passed 12-2-09; Am. Ord. 6-2010, passed 7-7-10; Am. Ord. 6-2011, passed 4-6-11; Am. Ord. 16-2013, passed 11-6-13; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 19-2014, passed 12-3-14)