These rules, regulations, procedures and map shall be known, cited and referred to as the Montgomery Zoning Code Update, or Zoning Code.

(Ord. 5-2005, passed 3-23-05)

   (A)   The purpose of this Zoning Code and the intent of the legislative authority in its adoption is to promote and protect the public health, safety, convenience, comfort, prosperity, and general welfare in the City, by dividing the municipality into districts (zones) of such number and dimension as to achieve a coordinated, beneficial and meaningful development of land uses by the following:

      (1)   Regulating the use of buildings, other structures and land for residential, business, and other uses;

      (2)   Regulating the area and dimension of lots, and yards;

      (3)   Regulating and restricting the location, bulk, height, design and land coverage of buildings;

      (4)   Regulating the density of land occupancy; and

      (5)   Providing regulations and procedures for the administration, amendment and enforcement thereof.

   (B)   In addition, this Zoning Code is intended to achieve, among others, the following objectives:

      (1)   To protect the character, integrity and value of the residential, business, institutional, and recreational areas and to assure their orderly and beneficial development;

      (2)   To provide adequate open space and prevent overcrowding of the land and an excessive concentration of the population;

      (3)   To protect commercial opportunity, enhance the viability of the commercial establishment, and preserve a balance of business services to facilitate the availability of retail and professional services sufficient to meet the needs of the residential population of the City;

      (4)   To regulate the location of buildings and intensity of uses in relation to streets and traffic flow to assure the least interference with traffic movement thereby improving and promoting the public safety;

      (5)   To facilitate adequate provisions for public utilities and facilities such as recreation, school, sewerage, water, transportation and other public requirements;

      (6)   To promote the compatibility of adjacent uses;

      (7)   To guide the future development of the City in a manner that brings about the gradual conformity of land and building uses in accordance with comprehensive plans adopted by the City; and

      (8)   To accomplish the specific intentions and goals set forth hereinafter in this Zoning Code.

(Ord. 5-2005, passed 3-23-05)

   Unless specifically noted otherwise, the provisions of this Zoning Code shall be considered as the minimum requirements necessary for public health, safety, and general welfare.

(Ord. 5-2005, passed 3-23-05)

   This Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing law or ordinance, or any rules, regulations, deed restrictions or covenants heretofore or hereafter adopted or promulgated pursuant to law regulating the use of land or buildings. However, in cases where this Zoning Code imposes a greater restriction upon the use of buildings or premises, upon the height of buildings, upon the lot area per family or requires larger yards or other open spaces than are imposed or required by such other laws or ordinances, or by such rules and regulations, the provisions of this Zoning Code shall control.

(Ord. 5-2005, passed 3-23-05)

   Nothing in this Code shall be construed to limit Council in the exercise of all of the powers to zone or redistrict now or hereafter authorized by the Ohio Constitution or Ohio statutes or the City Charter.

(Ord. 5-2005, passed 3-23-05)

   Sections and subsections of this Zoning Code and the several parts or provisions thereof are hereby declared to be independent sections, subsections, parts and provisions, and the holding of any such section, subsection, part or provision thereof to be unconstitutional, void or ineffective for any cause shall not affect nor render invalid any other such section, subsection, part or provision thereof.

(Ord. 5-2005, passed 3-23-05)