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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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§ 151.3212 OFF-STREET LOADING REQUIREMENTS.
   Off-street loading requirements for the Old Montgomery Gateway District are provided in § 151.1510. For all other districts, when off-street loading spaces are provided for business and commercial buildings, they shall comply with the following regulations:
   (A)   No loading space shall be located closer than 50 feet to a lot in any residential district, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or fence no less than six feet in height.
   (B)   No loading spaces shall face a street right-of-way unless the Planning Commission determines that loading spaces facing the street right-of-way minimizes the impact on adjoining properties. Such loading spaces, if approved, shall be enclosed on all sides by a wall or fence no less than six feet in height.
   (C)   Screening for all loading areas shall be provided along any perimeter that faces a street right-of-way or adjoining property according to the screening requirements of Chapter 151.34.
   (D)   All loading spaces shall be located on the same lot as the use served and no part of any required yard, off-street parking area, or access drive thereto, shall be used for loading or unloading purposes unless permitted by Planning Commission and/or Council.
   (E)   Access to truck loading and unloading space shall be provided directly from a public street or alley or from a right-of-way that will not interfere with public convenience and that will permit the orderly and safe movement of trucks.
   (F)   Streets, sidewalks, alleys or other public rights-of-way or other public property shall not be used for loading purposes nor shall vehicles be parked on such areas during loading and unloading.
   (G)   Off-street loading spaces shall not be used for repair or servicing of motor vehicles.
(Ord. 6-2010, passed 7-7-10; Am. Ord. 7-2022, passed 10-5-22)
§ 151.3213 IMPROVEMENT AND MAINTENANCE STANDARDS.
   All driveways, parking areas, curbs, and bumper guards shall be constructed in accordance with standards established by the City Engineer and the following:
   (A)   Paving. All parking and loading areas and access driveways shall have asphalt or other similar hard surface approved by the City Engineer. Pervious pavement may be used for all driveways, parking areas, curbs and bumper guards if reviewed and approved by the City Engineer. All interior landscaped areas shall have protective curbs along the edges to protect the landscaping from vehicles; however, the curbs shall be perforated or have caps or breaks to allow for stormwater runoff to pass through them, unless determined to be inappropriate by the City Engineer.
   (B)   Drainage. Parking areas shall be graded to provide for drainage so that injury will not be caused to adjacent properties or water will not drain across a public sidewalk. All new parking areas over 2,000 square feet in area, excluding access drives, shall be designed so that all stormwater runoff from the parking area shall be directed through a minimum of one stormwater best management practice (BMP) as approved by the City Engineer prior to being released from the site. The City Engineer will work with the engineer for the applicant to identify which progressive environmental design should be used, being sensitive to existing site conditions and reasonable technical specifications. Any addition to an existing parking lot which would make the total square footage of the parking area 2,000 square feet or more, excluding access drives, shall install a minimum of one stormwater BMP to capture the additional volume of runoff generated by the additional parking area. The Community Development Director and the City Engineer may approve the reconfiguration of any parking area which reduces the amount of impervious surface or in which at least one stormwater BMP is installed; otherwise, the reconfiguration of the parking area shall be reviewed by the Planning Commission. Drainage will be consistent with all other applicable standards of the City of Montgomery.
   (C)   Lighting. Parking areas shall be illuminated whenever necessary to protect the public safety. Light sources utilized for such illumination shall comply with the following regulations:
      (1)   Height: The height of all light poles for parking and other public areas for permitted and conditional uses in all residential districts and the OM Core District, shall not exceed 20 feet. The height of all light poles in the O Office and L-B, G-B and OM Outer Business Districts shall not exceed 25 feet. Institutional uses in residential and office districts may be permitted a higher pole for accessory recreational uses as part of the approval of a conditional use permit when it can be shown that there will not be a significant impact on surrounding properties. Lighting inside or directly adjacent to a stadium which is intended to light the playing field will be the only pole lighting which may be exempted by the Planning Commission from the height and full cut off requirement. The height of a light pole shall be measured from the ground, including any bases upon which the light pole sits, up to the highest extension of the pole or structure, regardless of the position of the light source.
      (2)   Fixture: All light poles shall use luminares with a 90 degree full cutoff with a flat lens. Light poles under 15 feet in height using incandescent lighting or which produce light directly by the combustion of fossil fuels, such as kerosene or gas lamps may be exempted from the full cutoff requirement. When a business or public institution uses a high intensity (HID) type of bulb on an exterior wall mounted fixture, the bulb must be housed in a full cut off fixture mounted at a 90 degree plane from the ground and may not be directly visible from five feet beyond the property line.
      (3)   Type of Light: Lamp types for parking areas may be high pressure sodium, metal halide or light emitting diode (L.E.D). When appropriate, incandescent and lighting produced directly by the combustion of fossil fuels may be approved. Low pressure sodium and mercury vapor lamps are prohibited.
      (4)   Light Trespass: The height and location of poles shall be designed such that the maximum light spillage onto the ground of any adjoining private property shall not exceed .01 footcandles at any point five feet from the property line.
      (5)   Illumination Levels: The maximum lighting levels for parking, and outdoor activities for institutional uses in residential districts shall be established by the Planning Commission as part of the conditional use permit. The maximum lighting levels for parking areas, outdoor seating, and inventory display areas in the Office, Retail and Old Montgomery districts are set forth is Schedule 151.3213(C). Lighting levels are determined by the average maintained number of foot-candles at the ground level.
      (6)   Light poles used for public roadway illumination are exempt from the requirements of this § 151.3213(C).
SCHEDULE 151.3213(C)(i)
Maximum Average Illumination Levels for Exterior Parking, Pedestrian and Storage Areas in
Office, Business, and Old Montgomery Districts
Use
O, LB, GB, OM(Outer), OMG
OM (Core)
SCHEDULE 151.3213(C)(i)
Maximum Average Illumination Levels for Exterior Parking, Pedestrian and Storage Areas in
Office, Business, and Old Montgomery Districts
Use
O, LB, GB, OM(Outer), OMG
OM (Core)
Administrative/Professional Office
2fc
1.5fc
Medical Facilities (clinics with 24 hour operation)
3fc
2fc
Retail Stores, Shopping Centers
2fc
1.5fc
Restaurants, Bars, Nightclubs
2fc
1.5fc
Professional Services (grooming, dry cleaning, repair services)
2fc
1.5fc
Indoor Recreational/Entertainment
2fc
1fc
 
SCHEDULE 151.3213(C)(ii)
Maximum Average Illumination Levels for Outdoor Display/Storage in the Office, Business,
and Old Montgomery District
O, GB
LB, OMG & OM
SCHEDULE 151.3213(C)(ii)
Maximum Average Illumination Levels for Outdoor Display/Storage in the Office, Business,
and Old Montgomery District
O, GB
LB, OMG & OM
Auto Dealerships (New, Used, Sales, Rental)
 
 
   Front Row and Feature Display
Day/Evening   25fc
Overnight*   10fc
Day/Evening   10 fc
Overnight*   5 fc
   Balance of Display/Storage Area
Day/Evening   12fc
Overnight*   3fc
Day/Evening   5fc
Overnight*   3fc
   Other Permanent/Temporary Outside Storage/Display
Day/Evening   8fc
Overnight*   3fc
Day/Evening   5fc
Overnight*   3fc
Restaurants (Bars) with Outdoor Seating
Day/Evening   3fc
Overnight*   1fc
Day/Evening   3fc
Overnight*   1fc
Gasoline Stations/Convenience Stores with Pumps
 
 
   Under Canopy within 15 of Pump
Day/Evening   20fc
Overnight*   5fc
 
   Balance of Vehicle Access/Parking/Display
Day/Evening   5fc
Overnight*   2fc
 
Drive-Up Windows as Part of Principal Building with 10 feet of Window
Day/Evening   10fc
Overnight*   3fc
Day/Evening   10fc
Overnight*   3fc
Automated Teller Machines, Restaurant Menu Boards within 8 feet of ATM or Board
Day/Evening   10fc
Overnight*   3fc
Day/Evening   10fc
Overnight*   3fc
*   Overnight is defined as starting one hour after close of business or 11:00 p.m., whichever is earlier. Drive-up windows for 24-hour restaurants, 24-hour gas stations and convenience stores, and 24-hour ATM’s are exempt from the overnight restriction and may maintain day and evening lighting at all hours.
 
   (D)   Curbs and Wheel/Bumper Guards. Appropriate bumper guards and markings shall be provided in order to define parking spaces or limits of paved areas and to prevent vehicles from projecting into required yards, walkways or alleys.
   (E)   Marking. Any off-street parking area for five or more parking spaces shall indicate the location of each parking space, the location of spaces for persons with disabilities, and the location and direction or movement along the aisles and access drives providing access thereto by painting upon the surface, by raised directional signs, or by markers or other similar measures placed in the surface.
   (F)   Signs. Signs shall be provided in accordance with Chapter 151.30.
   (G)   Maintenance. A parking area or loading space shall be maintained in a safe condition to keep it as free as practicable from rubbish, paper and other loose particles, and free of any dangerous accumulation of water, snow and ice. All adjacent sidewalks shall be kept in a safe condition for use by pedestrians and free as practicable from rubbish, paper and other loose particles and weeds, and the dangerous accumulation of water, snow and ice. All signs, markers or any other methods used to indicate direction of traffic movement and location of parking and/or loading spaces shall be maintained in a neat and legible condition. Any walls, trees and shrubbery, as well as surfacing of the parking lot, shall be maintained in good condition throughout its use for parking purposes.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 7-2006, passed 4-19-06; Am. Ord. 12-2008, passed 9-3-08; Am. Ord. 2-2009, passed 3-4-09; Am. Ord. 16-2013, passed 11-6- 13; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)
§ 151.3214 PARKING LOT LANDSCAPING AND SCREENING.
   All screening and buffering of parking areas shall be in conformance with the regulations set forth in Chapter 151.34.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 7-2022, passed 10-5-22)
§ 151.3215 DEVELOPMENT PLAN REVIEW.
   Detailed drawings showing the features of off-street parking and loading areas shall be submitted to the Planning Commission for development plan review as required by Chapter 150.14. Any application made which necessitates compliance with the off-street parking provision of this Chapter and involves two or more tax parcels shall not be considered until the Zoning Administrator is provided with proof that the tax parcels are or will be combined into a single tax parcel or an appropriately recorded easement.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 7-2022, passed 10-5-22)