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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
CHAPTER 151.32: OFF-STREET PARKING AND LOADING REGULATIONS
Section
   151.3201   Purpose
   151.3202   Parking facilities required
   151.3203   Units of measure
   151.3204   Off-street parking standards
   151.3205   Allowance for shared parking
   151.3206   Allowance for parking reserves
   151.3207   Specific standards for the Old Montgomery District
   151.3208   Off-street waiting spaces for drive-thru facilities
   151.3209   Parking spaces for persons with disabilities
   151.3210   Parking design standards
   151.3211   Regulations for access drives
   151.3212   Off-street loading requirements
   151.3213   Improvement and maintenance standards
   151.3214   Parking lot landscaping and screening
   151.3215   Development plan review
§ 151.3201 PURPOSE.
   Off-street parking regulations are established to achieve, among others, the following:
   (A)   To relieve congestion so streets can be utilized more fully for movement of vehicular traffic;
   (B)   To promote the safety and convenience of pedestrians and shoppers by separating parking areas and extensive car movements in the vicinity of pedestrian ways;
   (C)   To protect adjoining residential neighborhoods from on-street parking;
   (D)   To establish reasonable controls on the amount of impervious surface coverage on a property;
   (E)   To provide for the effective management of stormwater runoff from off-street parking; and
   (F)   To promote the general convenience, welfare and prosperity of residential, business, and service developments which depend on off-street parking facilities.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 2-2009, passed 3-4-09; Am. Ord. 7-2022, passed 10-5-22)
§ 151.3202 PARKING FACILITIES REQUIRED.
   (A)   Accessory off-street parking facilities, including access driveways, shall be provided prior to the occupancy of any building or use. Facilities shall be provided for the entire building or use in accordance with the regulations contained in this Chapter whenever:
      (1)   A building is constructed or a new use is established.
      (2)   The use of an existing building is changed to a use requiring more parking facilities.
      (3)   An existing building is altered and there is an increase in seating capacity, floor area of the building, or number of employees.
   (B)   All off-street parking facilities, or those required as accessory to a use of a proposed or altered building, shall continue unobstructed in operation and shall not be reduced below the required size as long as the principal use remains, unless an equivalent number of spaces are provided for said use in another approved location.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 7-2022, passed 10-5-22)
§ 151.3203 UNITS OF MEASURE.
   In computing the number of parking spaces required by this Code, the following rules shall apply:
   (A)   Floor Area. Where floor area is designated as the standard for determining parking space requirements, gross floor area shall be used for all land uses.
   (B)   Seats. The number of seating units installed or indicated, or each 24 lineal inches of benches, pews, or space for loose chairs or similar seating facilities.
   (C)   Employees. Where employees are the standard for determining parking space requirements, employees shall mean the maximum number of employees or contract workers on any two successive shifts.
   (D)   Fractional Numbers. Where the computation results in a fractional unit, one additional off-street parking space shall be provided.
   (E)   Parking for Mixed Uses. A building or group of buildings containing two or more uses, operating normally during the same hours, and which have different off-street parking requirements, may jointly provide spaces for not less than the sum of the spaces required for each use.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 16-2013, passed 11-6-13; Am. Ord. 7-2022, passed 10-5-22)
§ 151.3204 OFF-STREET PARKING STANDARDS.
   The number of off-street parking spaces for each facility or use shall be determined by application of the standards noted in Schedule 151.3204. For a use not specified in this Schedule, the Planning Commission shall apply the standard for a specified use that the Commission determines to be most similar to the proposed use.
Schedule 151.3204
Required Off-Street Parking Spaces
Principal Building or Use
Basis for Standard
Minimum Spaces Required (a)
Maximum Spaces Permitted
Total Spaces with Earned Bonus Spaces (b)
Schedule 151.3204
Required Off-Street Parking Spaces
Principal Building or Use
Basis for Standard
Minimum Spaces Required (a)
Maximum Spaces Permitted
Total Spaces with Earned Bonus Spaces (b)
Residential Uses
Dwelling, single-family unit (detached or attached)
Each unit
2 enclosed
No restriction
Dwelling, two-family
Each unit
2 enclosed
No restriction
Dwelling, multiple
Each unit
2 unenclosed
3 unenclosed
4 enclosed
Bed and Breakfast
Each sleeping room/suite
1+ requirement for dwelling unit
1.5 + requirement for dwelling unit
2 + requirement for dwelling unit
Independent senior living facility
Each unit
2
2.5
3
Assisted living/ congregate
Each unit
0.30 + 1 per employee on maximum shift
0.50 + 1 per employee on maximum shift
1+ 1 per employee on maximum shift
Nursing homes
Beds
0.33
0.50
1
Community Facilities/Schools
Convention, exhibition or meeting hall (without fixed seats)
100 square feet of floor area
1
1.30
1.60
Day care center (child and adult)
Per employee
1+ 1 per 5 persons enrolled at capacity
1 + 1 per 4 persons enrolled at capacity
1+ 1 per 3 persons enrolled at capacity
Library, museum, art gallery or similar public building
100 square feet of floor area
0.33 + 10 spaces for first 2,000 square feet
0.65 + 10 spaces for first 2,000 square feet
1 + 10 spaces for first 2,000 square feet
Places of worship
Seats
0.33
0.40
0.50
Elementary or Junior High School
Each classroom
2+ 0.25 per seat in auditorium
2 + 0.33 per seat in auditorium
2+ 0.50 per seat in auditorium
High School
Every employee
0.50 + 0.25 per seat in auditorium + 0.10 per student
0.75 + 0.33 per seat in auditorium + 0.10 per student
1 + 0.50 per seat in auditorium + 0.10 per student
College, University
Every employee
0.50 + 0.25 per seat in auditorium+ 0.25 per student
0.75 + 0.33 per seat in auditorium + 0.25 per student
1 + 0.50 per seat in auditorium + 0.25 per student
Commercial/trade school (excluding outdoor activities)
Every employee
0.50 + 0.50 per student
0.75 + 0.75 per student
1+ 1 per student
Office, Professional, Medical Facilities
Administrative, executive and professional offices, banking and financial institutions (excluding medical and dental)
100 square feet of floor area
0.29
0.45
0.57
Medical and dental offices and clinics
1,000 square feet of floor area
5
6.50
8
Hospitals
Per bed
2.50
3.50
4.50
Outpatient (Hospital)
Per exam/
treatment room
1.50+ 1 per employee on maximum shift
2 + 1 per employee on maximum shift
2.50 + 1 per employee on maximum shift
Research or testing laboratory
100 square feet of floor area
0.25
0.33
0.40
Retail/Service Uses
Retail sales or personal service establishments in completely enclosed buildings (except as otherwise specified below)
100 square feet of floor area
0.40
0.5
0.66
Animal hospital or clinic; grooming facility (excluding open kennels or open runs)
100 square feet of floor area
0.25 + 0.50 per employee
0.30 + 0.75 per employee
0.35 + 1 per employee
Funeral homes, mortuaries
100 square feet of floor area
2 + 1 for each vehicle maintained on the premises
3 + 1 for each vehicle maintained on the premises
4 + 1 for each vehicle maintained on the premises
Greenhouse, nurseries
100 square feet of floor area
0.25
0.30
0.35
Hotel, motel
Per room
1.20
1.35
1.50
Eating Establishments
Restaurant - Sit down without drive-through
1,000 square feet of gross leasable area
15
25
30
Restaurant - Sit down with drive-through
1,000 square feet of gross leasable area
12
15
18
Restaurant - Carry-out only
1,000 square feet of gross leasable area
5
6.25
7.50
Automotive/Transportation
Automobile, truck, trailer sales and rental
100 square feet of floor area of sales room
0.25 + 1 space for every service stall
0.38 + 1 space for every service stall
0.50 + 1 space for every service stall
Vehicle repair facility
Every service bay
2 + 1 for every employee
2.50 + 1 for every employee
3+ 1 for every employee
Car Wash
Each employee
1
1
1
Gasoline Station
Each employee
1
1
1 + applicable retail space
Entertainment/Recreation
Bowling alley
Each lane
4
5
6
Golf course (9 holes or more)
Each green
8
9
10
Health, fitness facility
1,000 square feet of exercise area (includes locker and equipment rooms)
4
6
8
Indoor theater or auditorium (except school auditorium), sports arena, stadium, gymnasium
Each seat
0.30
0.40
0.50
Private clubs, lodges
100 square feet of assembly room
1
1.25
1.50
Swimming pools, public or private (not associated with residences)
100 square feet of defined active recreation area
2
2.25
2.50
Tennis courts
Per court
4
5
6
Notes to Schedule 151.3204
(a)   A minimum of five spaces is required for each facility other than a single-family detached, single-family attached or two-family dwelling.
(b)   Bonus spaces shall be approved by the Community Development Director or the Planning Commission when part of a Development Plan. Bonus spaces shall be in a pervious material.
(c)   For the purposes of this section, a shopping center shall include one or more multi-tenant building(s) and or group of buildings where the required parking spaces are provided in a shared parking lot.
 
(Am. Ord. 2-2009, passed 3-4-09; Am. Ord. 16-2013, passed 11-6-13; Am. Ord. 19-2014, passed 12-3-14; Am. Ord. 7-2022, passed 10-5-22)
§ 151.3205 ALLOWANCE FOR SHARED PARKING.
   The Planning Commission and/or Council may accept a development plan that satisfies the off-street parking requirements by use of off-site shared parking with the city or another non-residential user. A copy of the proposed off-site agreement must be submitted with the application for development plan approval. The Director of Law must review and approve the agreement. In determining whether to accept such proposed plan, Planning Commission and/or Council may consider the proximity and accessibility of the off-site location to the proposed development site, the hours of operation of the two users, the number of spaces available and required for each business, and the compatibility of uses.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 7-2022, passed 10-5-22)
§ 151.3206 ALLOWANCE FOR PARKING RESERVES.
   (A)   The Planning Commission may allow the applicant to delineate a number of the minimum parking spaces required by this Chapter as a reserve area that is available to be constructed for parking in the future, if the applicant can provide documentation showing that the proposed use of the property at the time of the application does not require the minimum number of spaces specified in § 151.3204. The proposed reserve area shall be dedicated for future parking only and shall remain as open space until such time that it is necessary to develop the area as parking. In any case in which the Planning Commission permits an applicant to create a reserve parking area, in lieu of development of the minimum required parking, then the Planning Commission shall require, as a condition of approval, that the development be monitored by the Community Development Director on a periodic basis in order to ensure the adequacy of the parking as constructed meets the current needs of the development or that there is a need to construct all or part of the reserve area for parking. Upon recommendation from the Community Development Director that additional parking is needed within the reserve area, the Planning Commission may require that all or a portion of the reserve area be constructed for parking.
   (B)   If the parking area requires stormwater detention/retention, the applicant shall either design the detention/retention facilities to accommodate the reserve area or demonstrate what stormwater best management practices they will incorporate in the reserve area in lieu of detention/retention to compensate for the additional stormwater runoff, if the reserve area is developed. The City Engineer shall determine if the detention/retention and/or stormwater BMP's shall be required to be built during the initial construction phase or may be delayed until the reserve parking area is required to be developed.
(Ord. 2-2009, passed 3-4-09; Am. Ord. 7-2022, passed 10-5-22)
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