For the purpose of this Zoning Code, the City of Montgomery is hereby divided into districts enumerated below, each being of such number, shape, kind and area and of such common unity of purpose and adaptability of use that are deemed most suitable to carry out the purposes of the city.

 

(Ord. 5-2005, passed 3-23-05; Am. Ord. 2-2014, passed 3-5-14)

   Those districts established in § 151.0101 are bounded and defined as shown on a map entitled "Zoning District Map of Montgomery, Ohio". Such map with all the notations, references and other pertinent material shown thereon is hereby incorporated by reference and declared to be a part of the Zoning Code, thereby having the same force and effect as if fully described in writing. The Zoning Map shall be maintained in the office of the Zoning Administrator.

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

   Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:

   (A)   Where Boundaries Approximately Follow Streets, Alleys or Highways. Where district boundaries are indicated as approximately following the center line or street line of streets, the center line or alley line of alleys, or the center line or right-of-way lines of highways, such lines shall be construed to be such district boundaries.

   (B)   Where Boundaries Parallel Street Lines, Alley Lines or Highway Right-of-Way Lines. Where district boundaries are so indicated that they are approximately parallel to the center line or street line of streets, the center line or alley line of alleys, or the center line or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Zoning Map.

   (C)   Where Boundaries Approximately Follow Lot Lines. Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

   (D)   Vacation of Public Ways. Whenever any street, alley or other public way is vacated in a manner authorized by law, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then and henceforth be subject to all regulations of the extended district.

   (E)   Resolving Disputes. All uncertainties and disputes concerning the exact location of zoning district boundaries shall be resolved by the Board of Zoning Appeals.

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

   All land that may hereafter be annexed to the City of Montgomery, the township zoning regulations existing at the time of annexation shall continue to govern the former township land until an amendment to the City of Montgomery Zoning Map is adopted in conformance with the procedures of this Zoning Code.

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

   (A)   In addition to the Heritage District Overlay (§ 151.14), there are within the city five planned unit development overlay adopted under the following ordinances and/or resolutions:

      (1)   Montgomery Station: Ordinance 19, 1983 and Ordinance 4, 1996.

      (2)   Coventry Court: Ordinance 6, 1986 and Ordinance 5, 1996.

      (3)   Mayfair Apartments: Ordinance 21, 1980 and Ordinance 3, 1989.

      (4)   Orchard Club: Office - Resolution R-28,1990; Residential - Resolution R-7, 1993.

      (5)   Woodgate Subdivision: Resolution R-49, 1992.

   (B)   These developments have continued to be maintained in accordance with the development standards and site plans under which they originally were approved. A proposed modification to one of these previously approved plans shall be treated as the equivalent of the submission of a Final Development Plan subject to the review and appeal procedures of Chapter 150.14.

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