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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 157: FLOOD DAMAGE PREVENTION
Section
General Provisions
   157.01   Findings of fact
   157.02   Statement of purpose
   157.03   Methods of reducing flood loss
   157.04   Lands to which these regulations apply
   157.05   Basis for establishing the areas of special flood hazard
   157.06   Abrogation and greater restrictions
   157.07   Interpretation
   157.08   Warning and disclaimer of liability
   157.09   Definitions
Use and Development Standards for Flood Hazard Reduction
   157.20   Use regulations
   157.21   Water and wastewater systems
   157.22   Subdivisions and large developments
   157.23   Residential structures
   157.24   Nonresidential structures
   157.25   Accessory structures
   157.26   Recreational vehicles
   157.27   Above ground gas or liquid storage tanks
   157.28   Assurance of flood carrying capacity
Administration
   157.40   Designation of Floodplain Administrator; duties and responsibilities
   157.41   Floodplain development permits
   157.42   Application required
   157.43   Review and approval of a floodplain development permit application; inspections
   157.44   Post-construction certifications required
   157.45   Revoking a floodplain development permit
   157.46   Exemption from filing a development permit
   157.47   Map maintenance activities
   157.48   Data use and flood map interpretation
   157.49   Substantial damage determinations
Appeals and Variances
   157.65   Appeals Board established; powers and duties
   157.66   Variances
   157.67   Appeal to the court
Enforcement
   157.80   Compliance required
   157.81   Notice of violation
   157.82   Violations and penalties
GENERAL PROVISIONS
§ 157.01 FINDINGS OF FACT.
   The City of Montgomery has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, flood proofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
§ 157.02 STATEMENT OF PURPOSE.
   It is the purpose of these regulations to promote the public health, safety and general welfare, and to:
   (A)   Protect human life and health;
   (B)   Minimize expenditure of public money for costly flood control projects;
   (C)   Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
   (D)   Minimize prolonged business interruptions;
   (E)   Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
   (F)   Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and to minimize future flood blight areas;
   (G)   Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
   (H)   Minimize the impact of development on adjacent properties within and near flood prone areas;
   (I)   Ensure that the flood storage and conveyance functions of the floodplain are maintained;
   (J)   Minimize the impact of development on the natural, beneficial values of the floodplain;
   (K)   Prevent floodplain uses that are either hazardous or environmentally incompatible; and
   (L)   Meet community participation requirements of the National Flood Insurance Program.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
§ 157.03 METHODS OF REDUCING FLOOD LOSS.
   In order to accomplish its purposes, these regulations include methods and provisions for:
   (A)   Restricting or prohibiting uses which are dangerous to health, safety and property due to water hazards, or which result in damaging increases in flood heights or velocities;
   (B)   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
   (C)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
   (D)   Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and
   (E)   Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
§ 157.04 LANDS TO WHICH THESE REGULATIONS APPLY.
   These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Montgomery as identified in § 157.05, including any additional areas of special flood hazard annexed by the City of Montgomery.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
§ 157.05 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD.
   For the purposes of these regulations, the following studies and/or maps are adopted:
   (A)   Flood Insurance Rate Map Hamilton County, Ohio and Incorporated Areas dated May 17, 2004. Flood Insurance Study Hamilton County, Ohio and Incorporated Areas dated May 17, 2004.
   (B)   Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City of Montgomery as required by Section 4.3, Subdivisions and Large Scale Developments.
   (C)   Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Building and Development Office, City of Montgomery, 10101 Montgomery Road, Montgomery, Ohio 45242.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
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