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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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§ 157.21 WATER AND WASTEWATER SYSTEMS.
   The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
   (A)   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
   (B)   New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
   (C)   On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
§ 157.22 SUBDIVISIONS AND LARGE DEVELOPMENTS.
   (A)   All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
   (B)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
   (C)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and
   (D)   In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less.
   (E)   The applicant shall meet the requirement to submit technical data to FEMA in § 157.47(A)(1)(d) when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by division (D) above of this section.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
§ 157.23 RESIDENTIAL STRUCTURES.
   (A)   New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring (this division (A)) and construction materials resistant to flood damage (division (B) below of this section) are satisfied.
   (B)   New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
   (C)   New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
   (D)   New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. Where flood protection data are not available, the structure shall have the lowest floor, including basement, elevated at least 2 feet above the highest adjacent natural grade.
   (E)   New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
      (1)   Be used only for the parking of vehicles, building access, or storage; and
      (2)   Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
      (3)   Have a minimum of 2 openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
   (F)   Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
   (G)   Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of this § 157.23.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
§ 157.24 NONRESIDENTIAL STRUCTURES.
   (A)   New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of § 157.23(A) - (C) and (E) - (G).
   (B)   New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
      (1)   Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
      (2)   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
      (3)   Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Floodproofing Certificate, that the design and methods of construction are in accordance with divisions (B)(l) and (2) above of this section.
   (C)   Where flood protection elevation data are not available, the structure shall have the lowest floor, including basement, elevated at least 2 feet above the highest adjacent natural grade.
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
§ 157.25 ACCESSORY STRUCTURES.
   Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:
   (A)   They shall not be used for human habitation;
   (B)   They shall be constructed of flood resistant materials;
   (C)   They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;
   (D)   They shall be firmly anchored to prevent flotation;
   (E)   Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
   (F)   They shall meet the opening requirements of Section 3.4(E)(3).
(Ord. 5-2004, passed 5-5-04; Am. Ord. 7-2004, passed 6-2-04)
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