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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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§ 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)
§ 151.3207 SPECIFIC STANDARDS FOR THE OLD MONTGOMERY DISTRICT.
   (A)   No off-street parking shall be permitted between the established building setback and the public right-of-way.
   (B)   In recognition of the historic, compact character of buildings in the Old Montgomery District, as well as the less efficient use of the floor area of those buildings, the number of off-street parking spaces for each facility or use in the Old Montgomery District shall be determined according to the following:
      (1)   The number of off-street parking spaces shall be 50% of the standards set forth in § 151.3204.
      (2)   However, due to unique building and site characteristics that may be present in the Old Montgomery District and the Old Montgomery Gateway District, the Planning Commission and/or Council may approve a development plan with fewer parking spaces than 50% of the requirements set forth in § 151.3204. In order for the Planning Commission to consider a reduction of the required spaces, the applicant must demonstrate that such a reduction is warranted based on the following criteria.
         (a)   The character of the proposed use, the design of the building and the ability of the proposed use to reinforce the main street environment;
         (b)   The availability and accessibility of public parking spaces, both on-street and within public parking lots to meet the needs of the development;
         (c)   The availability of parking areas on adjacent sites, considering the hours of operation of the proposed use compared to adjacent uses to meet the needs of the development; and
         (d)   The potential negative impact to the character of the district if the requisite number of parking spaces is provided.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 7-2022, passed 10-5-22)
§ 151.3208 OFF-STREET WAITING SPACES FOR DRIVE-THRU FACILITIES.
   Drive-thru establishments and other establishments which, by their nature, create lines of customers waiting to be served within automobiles shall provide off-street waiting areas, on the same lot as the use, in addition to the required number of parking spaces specified in Schedule 151.3204, in accordance with the following:
   (A)   Minimum Number of Waiting Spaces.
 
(1)   Establishments serving and/or selling food and/or drinks:
10 waiting spaces
(2)   Automatic car wash facilities where a chain conveyor or other similar method is used to move the vehicle through the structure:
10 waiting spaces
(3)   Facilities with service windows or service entrances such as banks, ticket booths, and other similar facilities:
5 waiting spaces, plus an additional 2 spaces for each additional window or stall
(4)   Self-serve car wash facilities:
2 waiting spaces per stall
(5)   Gasoline stations:
2 waiting spaces per accessible side of a gasoline pump island
 
   (B)   Vehicles Prohibited within the Public Right-of-Way. In any case, vehicles shall not be permitted to wait within the public right-of-way for service at such drive-in or drive-thru facilities.
   (C)   Waiting Space Dimensions. Each required off-street waiting space shall have an area not less than 144 square feet (measuring eight feet by 18 feet) exclusive of access drives and shall not interfere with parking or circulation.
(Am. Ord. 7-2022, passed 10-5-22)
§ 151.3209 PARKING SPACES FOR PERSONS WITH DISABILITIES.
   In accordance with the Americans with Disabilities Act (ADA) of 1990, all new construction and alterations to places of public accommodation and commercial facilities shall provide parking spaces that are designed and constructed to be readily accessible to persons with disabilities. The required spaces and their dimensions shall be in accordance with the Montgomery Code of Ordinance and the Ohio Basic Building Code, respectively.
(Am. Ord. 7-2022, passed 10-5-22)
§ 151.3210 PARKING DESIGN STANDARDS.
   (A)   Design Standards. Off-street parking areas for full size vehicles, which are motor vehicles 17 feet in length or longer, shall be designed and constructed in accordance with the following minimum dimensions set forth in Schedule 151.3210, based on the angle of the spaces. Figure 151.3210 illustrates the requirements for each angle scenario.
   (B)   Compact Care Design Standards. Up to 30% of the minimum required parking spaces may be designed for use by compact cars, which are motor vehicles smaller than 17 feet in length. Any reduction in the total parking area obtained as a result of using compact-sized spaces may be landscaped and will count towards the total required landscaping for the parking lot as specified in § 151.3408. Compact-sized parking spaces shall be located in one or more continuous areas and shall not be intermixed with spaces designed for full size cars. Compact-size spaces shall be labeled as "Compact Cars Only" and clearly marked with pavement marking. The minimum parking dimensions for full size and compact vehicles are set forth in Schedule 151.3210(A) and 151.3210(B) based on the angle of spaces.
Schedule 151.3210(A)
Parking Design Standards for Full Size Vehicles
 
45°
60°
90°
Parallel
Schedule 151.3210(A)
Parking Design Standards for Full Size Vehicles
 
45°
60°
90°
Parallel
(A)   Width of Parking Space
9 ft
9 ft
9 ft
9 ft
(B)   Length of Parking Space
18 ft (1)
18 ft (1)
18 ft (1)
23 ft
(C)   Width of Parking Aisle
13 ft
18 ft
24 ft
12 ft
(D)   Width of Double-loaded Parking Module
51 ft
56 ft
60 ft
30 ft
(E)   Circulation Aisle (one way)
17 ft
14 ft
14 ft
14 ft
Notes to Schedule 151.3210(A):
 (1)   When a parking space is adjacent to a landscaped area that has a width greater than 6 feet, the length of the parking space may be reduced by not more than 2 feet
 
Schedule 151.3210(B)
Parking Design Standards for Compact Vehicles
 
45°
60°
90°
PARALLEL
Schedule 151.3210(B)
Parking Design Standards for Compact Vehicles
 
45°
60°
90°
PARALLEL
(A)   Width of Parking Space
8 ft
8 ft
8 ft
8 ft
(B)   Length of Parking Space
16 ft (1)
16 ft (1)
16 ft (1)
18 ft
(C)   Width of Parking Aisle
11 ft
16 ft
22 ft
12 ft
(D)   Width of Double-loaded Parking Module
47 ft
52 ft
54 ft
28 ft
(E)   Circulation Aisle (one way)
17 ft
14 ft
14 ft
14 ft
Notes to Schedule 151.3210(A):
 (1)   When a parking space is adjacent to a landscaped area that has a width greater than 6 feet, the length of the parking space may be reduced by not more than 2 feet
 
Figure 151.3210
Illustration of Parking Design Standards
 
(Am. Ord. 2-2009, passed 3-4-09; Am. Ord. 16-2013, passed 11-6-13; Am. Ord. 7-2022, passed 10-5-22)
§ 151.3211 REGULATIONS FOR ACCESS DRIVES.
   The driveway for a single or two-family dwelling, behind the street right-of-way shall be not less than eight feet nor more than 20 feet in width and a minimum distance of five feet from the side lot line, except where two or more properties share a common drive through a joint access easement, in which case, no setback is required between the properties sharing the easement. Residential access drives must also be in conformance with Chapter 93 of Montgomery Codified Ordinances. Pedestrian and vehicular access and circulation for the Old Montgomery Gateway District is regulated by § 151.1510. In all other cases, the location, width, and number of entrance and exit access drives to accessory parking spaces shall be in accordance with the following:
   (A)   Location. The location and width of entrance and exit driveways to parking facilities shall be planned to interfere as little as possible with the use of nearby property and with pedestrian and vehicular traffic on the nearest streets. Access driveways shall be located at least 50 feet from the right-of-way line of the nearest intersecting street and no less than ten feet from the side property line, unless there is a shared easement with the abutting property.
   (B)   Number of Drives.
      (1)   Each lot shall be permitted one two-way access drive per street frontage, or, upon review of the site plan, the Planning Commission and/or Council may permit a pair of one-way drives. Planning Commission and/or Council may permit an additional entrance on lots with a street frontage exceeding 250 feet.
      (2)   Entrances and exits shall be limited to two lanes, except where one driveway provides the sole access to the property and serves as both an entrance and exit, and then it shall be limited to three lanes.
      (3)   Width of Access Drives. The width of such entrance and exit lanes shall be not less than 12 feet or more than 15 feet per lane and shall not exceed a total of 40 feet.
   (C)   Radius. The radius of the edge of the access drive apron shall be at least 30 feet so that a vehicle may enter from or exit onto the curb lane without obstructing vehicles in other traffic lanes.
(Ord. 6-2010, passed 7-7-10; Am. Ord. 16-2013, passed 11-6-13; Am. Ord. 7-2022, passed 10-5-22)
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