Single-Family and Multi-Family Residential Districts (A, B, C, D-2, and D-3) and their regulations are established in order to achieve, among others, the following purposes (Note: The D-1 District was deleted during the update of the Montgomery Zoning Code in 2000):

   (A)   To regulate the bulk and location of dwellings and accessory buildings or structures to obtain proper privacy and useable open spaces on each lot appropriate for the various districts;

   (B)   To provide for proper location of institutions and other community facilities so as to increase the general convenience, safety and amenities within the community;

   (C)   To protect the desirable characteristics and promote the stability of existing residential development;

   (D)   To regulate the density and distribution of population in accordance with the Comprehensive Community Plan to avoid congestion and provide adequate public services.

(Ord. 6-2010, passed 7-7-10)

   (A)   Uses Permitted by Right. A use listed in Schedule 151.1003 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Zoning Code have been met;

   (B)   Conditional Uses. A use listed in Schedule 151.1003 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission and/or Council make the determination that the requirements of Chapter 151.20 have been met, according to the procedures set forth in Chapter 150.16.

   (C)   Accessory Uses. An accessory use that is clearly incidental and subordinate to a use listed in Schedule 151.1003 shall be permitted provided that the requirements of all other city ordinances and this Zoning Code have been met. Accessory uses are further regulated in § 151.1009 and as listed below.

      (1)   Dish-type satellite signal receiving stations.

      (2)   Family day care home, "type B" in compliance with § 151.1011.

      (3)   Fences, walls, landscape features in compliance with Chapter 151.34.

      (4)   Home occupations in compliance with § 151.1010.

      (5)   Private garages and off-street parking areas in compliance with Chapter 151.32.

      (6)   Signs in compliance with Chapter 151.30.

      (7)   Swimming pools, tennis courts, sports courts, basketball courts and other recreational and play equipment uses.

      (8)   Utility/storage sheds.

   (D)   Use Not Listed in Schedule. Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the zoning map as provided in Chapter 150.22 or upon a finding that a use is substantially similar as provided in § 150.1611.

(Ord. 6-2010, passed 7-7-10)

 

   Lots created for single-family detached dwellings in any residential district and two-family dwellings where permitted shall comply with the area and dimension requirements specified in Schedule 151.1004 for the district in which the lot is located.

      (1)   The minimum lot frontage required for panhandle lots shall be 20 feet measured at the public street right-of-way which provides access to the lot.

      (2)   Panhandle lots can only be created, however, when the lot area is 150% of the permitted minimum lot area of the district or 100% of the area of the front lot of which the panhandle lot is located immediately behind, whichever is larger in size. If the lot is located behind more than one lot, the new lot must be 150% of the permitted minimum area or 100% of the area of all the lot area that it is located behind, whichever is greater, provided, however, that no lot need exceed 200% of the permitted minimum area.

      (3)   In calculating the area of the panhandle lot for purposes of determining whether it meets the minimum area requirements, if the panhandle or portion of the lot providing access to the street right-of-way is less than 35 feet in width at any point of the panhandle, the area of the panhandle shall not be included in the lot area calculations.

      (4)   The principal dwelling of a panhandle lot shall not be constructed closer to the side and rear lot lines than 150% of the respective minimum side and rear yard setback requirements established in Schedule 151.1005, and shall be a minimum of 50 feet from the front lot line. For the purposes of this division (D), the front lot line shall be that portion of the property line nearest and perpendicular to the access strip or panhandle of the lot. The rear lot line is the lot line opposite and parallel to the front lot line.

      (5)   Adequate screening may be required for the panhandle lot if the Zoning Administrator determines that the proposed dwelling, parking area, driveway or accessory structures infringes on the privacy and enjoyment of adjoining residential properties. In such case, appropriate landscaping shall be provided as determined by the Zoning Administrator.

   (E)   One Dwelling per Lot. There shall not be more than one dwelling constructed on a lot, except as otherwise regulated in § 151.1006 for single-family clusters, attached single-family or multi-family developments.

 

   Single-family detached dwellings and two-family dwellings shall be located on a lot in a manner that maintains the minimum front, side and rear yards specified in Schedule 151.1005 for the district in which the lot is located.

   (A)   Front Yard. Each lot shall maintain a front yard in compliance with Schedule 151.1005, except as otherwise permitted in division (B) below.

   (B)   Front Yards on Built-up Blocks. If 40% or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that were lawfully constructed before the effective date of this Zoning Code, but which could not now be constructed under the terms of this Code because they do not meet the required front yard setback, then new buildings may project into the front setback established for that district up to the average front yard setback of the nearest four lots located on the same side of the street of the proposed lot.

   (C)   Side Yards. Except for corner lots, each lot shall have and maintain two side yards in compliance with Schedule 151.1005.

   (D)   Rear Yards. Each lot shall maintain a rear yard as specified in Schedule 151.1005.

 

(Ord. 6-2010, passed 7-7-10)

   Land area divided and developed for single-family detached clusters, single-family attached dwellings or multi-family dwellings in the D-2, D-3 and OMG Districts shall comply with the following regulations:

   (A)   Minimum Development Area. The gross area of a tract of land shall not be less than that set forth in Schedule 151.1006. The entire tract of land to be developed shall be considered one zoning lot.

   (B)   Maximum Density.

      (1)   The density of a residential development shall not exceed the number of dwelling units per acre set forth in Schedule 151.1006 for the district in which the development is located.

      (2)   The total number of dwelling units permitted shall be calculated by multiplying the total development area, exclusive of public rights-of-way existing at the time the development plan is submitted, by the number of dwelling units permitted per acre.

   (C)   Maximum Coverage. The maximum coverage of the lot, including all areas covered by buildings, vehicular drives and parking areas shall not exceed the percentage of total area of the development project set forth in Schedule 151.1006.

   (D)   Maximum Number of Attached Single-Family Units. A building comprised of attached single-family units shall not exceed the number of units set forth in Schedule 151.1006.

   (E)   Minimum Lot Frontage. Each zoning lot shall abut upon a public street for not less than the distance set forth in Schedule 151.1006. On corner and through lots, each frontage must meet this requirement.

 

   (F)   Supplemental Requirements for Single-Family Detached Cluster Developments.

      (1)   Privacy for individual principal buildings shall be maintained through the use of landscaping and screening.

      (2)   Street lighting and street signs shall be adequate for safety and security.

      (3)   Additional development requirements formulated to achieve the objectives of this section may be established at the time the general development plan is reviewed. Any such development requirements adopted with such plan shall become binding land use requirements for the proposed development.

(Ord. 6-2010, passed 7-7-10; Am. Ord. 16-2013, passed 11-6-13)

   The following regulations are established to regulate the design and development of single-family detached clusters, single-family attached dwellings or multi-family dwellings in the D-2 or D-3 district.

   (A)   Setback from Existing Rights-of-Way. The setback of a principal or accessory building and off-street parking areas from an existing public right-of-way shall not be less than the distances set forth in Schedule 151.1007 and Schedule 151.1009(D).

   (B)   Setback from Project Boundary. The setback of a principal or accessory building and off-street parking areas from any project boundary that is not an existing public right-of-way shall not be less than the distances set forth in Schedule 151.1007.

   (C)   Building Spacing. The minimum distance between buildings on the same site, shall not be less than the distance set forth in Schedule 151.1007. The following definitions shall apply to terms used in this section:

      (1)   Main Wall. The wall of a building which contains the primary windows of any living, family or dining room.

      (2)   End Wall. The walls, other than a main wall of a building, which may be blank or contain windows not considered to be primary windows.

   (D)   Building Arrangement. Single-family detached clusters, single-family attached dwellings or multi-family dwellings may be arranged in a group and need not directly front onto a street.

 

(Ord. 6-2010, passed 7-7-10)

   All buildings and structures in the residential districts shall comply with the following:

   (A)   Principal buildings shall not exceed two and one-half stories or 35 feet, whichever is less, except for multi-family dwellings in the D-3 District, which shall not exceed three stories or 45 feet.

   (B)   For a residence being constructed on a lot where the previous house was demolished, the top of the foundation of the new residence shall not be set higher than 12 inches above the top of the foundation of the previous residence unless it is determined by the City Engineer that the foundation needs to be raised to insure proper drainage.

   (C)   Accessory buildings and structures shall not exceed a height of 15 feet, except as otherwise permitted in §§ 150.0204(B) and 151.1009.

(Ord. 6-2010, passed 7-7-10)

   Accessory uses, buildings and structures permitted in any residential district shall conform to the location, coverage and maintenance standards contained in this section. No accessory building or use shall be established on a lot unless a principal building or use has first been established and constructed on the lot in conformance with all applicable provisions of this Zoning Code.

   (A)   Measurement Requirements.

      (1)   The setback requirements for an accessory building or structure shall be measured from the property line to the outer most edge of any paved or fixed surface attached to, surrounding, or supporting such building or structure, such as a poured base or wood boundaries surrounding a play set or an aboveground pool.

      (2)   The coverage area of an accessory structure shall be measured from the outer most point of any paved or fixed surface upon which the building or structure rests, or the outer most projection of any support structure for the building or structure, or the outer most edge of any paved, wood or other fixed surface attached to or surrounding such building or structure.

   (B)   Minimum Yard Requirements for Detached Accessory Buildings or Structures on Lots with Standard Detached Single-Family Dwellings and Two-Family Dwellings. A detached accessory building or structure permitted on lots with standard detached single-family dwellings and two-family dwellings in the residential districts shall be located as set forth in § 151.1009(B) and as otherwise provided for in this section.

 

   (C)   Permitted Attached Structures in Front, Side, and Rear Yards. The attached accessory structures outlined in Schedule 151.1009(C) are permitted to extend into the required yards so established by the yard requirements set forth in Schedules 151.1005 and 151.1007, provided that all other applicable provisions of the Zoning Code are met.

 

   (D)   Minimum Distance Requirements for Accessory Uses of Single-Family Detached Cluster Developments, Single-Family Attached Dwellings and Multi-Family Dwellings. The minimum distances from any accessory building or use to certain walls of principal buildings, streets and boundaries of the development area of single-family detached cluster developments, single-family attached dwellings and multi-family dwellings shall be not less than that set forth in § 151.1009(D) below.

 

   (E)   Maximum Area and Rear Yard Coverage of Accessory Buildings and Structures on Lots with Standard Detached Single-Family Dwellings and Two-Family Dwellings. The maximum area and rear yard coverage of accessory buildings and structures on lots with standard detached single-family dwellings and two-family dwellings shall comply with the following requirements:

      (1)   The maximum footprint for a detached garage or other accessory building shall be 576 square feet.

      (2)   The maximum coverage area for all accessory buildings and structures, including pavement for driveways, patios and/or pools and decks shall not exceed 30% of the rear yard.

   (F)   Additional Regulations for Parking Areas, Driveways and Vehicles. Open, off-street parking areas, driveways and vehicles shall comply with the following:

      (1)   Accessory off-street parking spaces: Accessory off-street parking areas shall be provided in compliance with the parking requirements set forth in Chapter 151.32, which shall be located on the same lot as the dwelling served. The maximum impervious surface coverage in the front yard on residential lots with a width of 70 feet or greater, and panhandle lots, is 35%. On lots with a width of 50'-70', the impervious surface coverage in the front yard is limited to 40%. On irregular shaped lots with reduced frontage at the end of a cul-de-sac, the impervious surface coverage in the front yard is increased to 50%. Accessory off-street parking spaces must be accessed from a driveway and not directly from a public right-of-way.

      (2)   The repainting, rebuilding, overhauling or dismantling of a vehicle or the storage of tires, motor, or auto body parts, in an open yard, is prohibited on a residential lot.

      (3)   The parking of a disabled vehicle within a residential district for a period of more than two weeks shall be prohibited, except that the vehicle may be stored in an enclosed garage or other accessory building, provided that no business shall be conducted in connection therewith while the vehicle is parked or stored. For the purposes of this division, a disabled vehicle shall be defined as a non-operable vehicle in its current condition or a vehicle with expired or invalid license plates.

      (4)   Driveways. The driveway for a single or two-family dwelling, behind the street right-of-way shall be not less than eight feet nor more than 20 feet in width and a minimum distance of five feet from the side lot line, except where two or more properties share a common drive through a joint access easement, in which case, no setback is required between the properties sharing the easement. In the street right-of-way, driveways for single or two-family dwellings shall be not less than eight feet in width and a minimum distance of two feet from the side lot line. Driveways for single or two-family dwellings may be permitted to have triangular flares on either side of the driveway measuring three feet in width by seven feet, if deemed appropriate by the Public Works Director or his designee (See Figure 1). Residential access drives must also be in conformance with Chapter 94 of the Montgomery Codified Ordinances.

Figure 1: Triangular Driveway Flare

   (G)   Dish-type Satellite Signal Receiving Stations. Dish-type satellite signal receiving stations may be permitted as accessory structures and may be located as specified in the Zoning Code, subject to regulations established in this section. For the purpose of this section, non-residential installations shall include elementary and secondary schools, and places of worship.

      (1)   Location and setbacks.

         (a)   Stations shall be located only in the rear yard of the lot as defined in the Zoning Code, and behind the principal dwelling or structure located on the same lot. When necessary, in order to get reception, stations may be mounted on or attached to the dwelling or building; however, in the case of a residential building installation, the dish antenna may not exceed one meter in diameter.

         (b)   Stations shall be located in conformance with the setback requirements for accessory structures set forth in this chapter. Nonresidential installations must maintain a minimum of five feet from the side and rear property lines when abutting non-residential districts. When abutting a residential district, a nonresidential installation must provide a setback equal to that required for the residential zoning district that it abuts. Setback requirements apply to any guy anchorage or similar device.

         (c)   Stations shall not be linked to receivers which are not located on the same lot as the station.

         (d)   Not more than one station shall be located on any lot.

      (2)   Height and diameter.

         (a)   Residential installations shall not exceed 13 feet in height. Nonresidential installations shall not exceed 15 feet in height. The height is determined by measuring the distance from the ground to the highest point of the antenna when turned perpendicular to the ground.

         (b)   The maximum diameter of any dish antenna shall not exceed four meters for nonresidential installations, or two meters for residential installations.

      (3)   The station shall be placed on a base sufficient to safely support the unit in a secure, wind resistant manner and shall be adequately grounded.

      (4)   Permit required.

         (a)   A permit must be obtained prior to the installation of a dish antenna having a diameter of one meter or more. The permit application must include construction drawings showing the method of installation, a site plan showing the proposed antenna, principal building and their respective setbacks, sectional drawings showing the antenna height and diameter, and a landscaping plan showing screening of the antenna from neighbors. The screening may rely upon existing and/or proposed vegetation. Any vegetation utilized for screening purposes must be maintained in a condition that achieves the goal of the screening.

         (b)   Dish antennas having a diameter less than one meter may be erected in compliance with these regulations without obtaining a permit.

   (H)   Swimming Pools. Private swimming pools for the exclusive use of residents of the premises may be located in any residential district provided they comply with the locational and coverage requirements of accessory structures set forth in this chapter and the supplemental regulations set forth below.

      (1)   All swimming pools, together with adjacent walkways, shall be completely enclosed by a wall or fence having a minimum height of four feet.

      (2)   For aboveground pools, the height of the pool, from the surrounding grade to the top of the pool wall, may be used as credit to meet the four-foot fence height requirement so long as the pool has a removable ladder or other operational device approved by the building code.

      (3)   All fences and other pool enclosures shall be equipped with suitable locking devices to prevent unauthorized access.

      (4)   The construction and operation of a pool shall meet all other applicable city regulations.

   (I)   Fences and Walls. Fences and walls in the residential districts shall comply with the following:

      (1)   Front Yards. Fences and walls over two feet high may not be located in any part of the front yard, except in the front yard of a panhandle lot. Wrought iron fences up to four feet in height may be permitted in the front yard in the Heritage District. Retaining walls required to maintain a grade, may also be permitted by the Zoning Administrator. Wrought iron fences up to four feet in height may be permitted in the front yard in the Heritage District.

      (2)   Side and Rear Yards. Fences and walls in the side or rear yard shall not exceed 6.25 feet in height above the average natural grade and may be located in any part of the side or rear yard.

      (3)   Construction, Maintenance and Repair. Fences shall be of chain link, picket, split rail, sapling, louver or other commonly used design, and if painted, shall be one color. Electric or barbed wires fences are prohibited. Fences and walls shall be maintained in good repair at all times by the owner and/or occupant of the lot on which they are located. The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the yard being fenced.

      (4)   No Permit Required. No permit is required for fences 6.25 feet or less in height, provided that all applicable regulations of this chapter are complied with. Fences or walls higher than 6.25 feet are considered structures and must meet the height and setback requirements for other accessory structures. These structures require a building and zoning permit.

   (J)   Yard Structures. In the residential districts, yard structures shall comply with the location and setback requirements for accessory structures set forth in division (B) of this section, except as otherwise regulated below:

      (1)   Yard structures that are not installed on a paved or hard surface shall be exempt from the rear yard coverage requirements set forth in division (E) of this section, provided they cover an area of less than 80 square feet. If the yard structure utilizes a paved or similar hard surface, it shall be subject to the rear yard coverage requirements set forth in division (E) of this section.

      (2)   Basketball hoops shall be permitted in the front or side yard, provided they do not require a paved surface in addition to an existing driveway or are mounted to a garage. The basketball hoop must be setback at least five feet from the side property line and ten feet from the right-of-way line. If located in the rear yard, the maximum rear yard coverage requirements set forth in division (E) of this section are applicable if any additional paved surface is utilized.

      (3)   Low-intensity residential lighting including porch lights, lawn lights and light poles/fixtures not to exceed eight feet in height are permitted in any yard provided that if any such light creates a glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions. Light poles/fixtures shall be of a commonly used material and design.

   (K)   Temporary Storage Containers. A temporary storage container may be utilized as a temporary accessory use when in compliance with the following standards:

      (1)   A temporary storage container may be located as a temporary accessory use on property within the city for a period not exceeding 30 days per calendar year in duration from time of delivery to time of removal.

      (2)   The owner of the property on which the temporary storage container is located, or the agent of such owner using such container, shall obtain a permit, at no cost, from the Zoning Administrator no later than the first day such container is placed on site.

      (3)   A temporary storage container shall be located on a paved surface.

      (4)   No more than one temporary storage container may be located on a specific site at any one time.

      (5)   A temporary storage container may not exceed eight feet, six inches in height, ten feet in width or 20 feet in length.

      (6)   A temporary storage container shall be located a minimum of ten feet from the right-of-way line and a minimum of five feet from side or rear of property lines.

      (7)   A temporary storage container shall be secured in a manner that does not endanger the safety of persons or property in the vicinity of the temporary storage container and it shall be secured and enclosed in such a manner as to not permit waste, litter or debris.

      (8)   The standards for a temporary storage container may be varied on a case by case basis upon petition to the Zoning Administrator for good cause shown. If the Zoning Administrator should deny any such variance to the standards, then the applicant may appeal such denial consistent with Chapter 150.20 of the Land Usage Code. No such appeal, however, shall stay the enforcement of this section of the Code.

(Ord. 13-2009, passed 12-2-09; Ord. 6-2010, passed 7-7-10; Am. Ord. 6-2011, passed 4-6-11; Am. Ord. 16-2013, passed 11-6-13)

   The purpose of this section is to set forth regulations, which control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited to an accessory use, and shall not in any way adversely affect the uses permitted in the residential district of which they are a part. Compliance with these regulations should result in all home occupations being located and conducted in such a manner that their existence is not detectable in any manner from the outside of the dwelling unit.

   (A)   Not more than one person other than a person residing on the premises shall be employed in a home occupation.

   (B)   A home occupation shall occupy no more than 25% of the floor area of the dwelling and shall be clearly incidental and secondary in importance to the use of the dwelling for dwelling purposes.

   (C)   Any merchandise that is sold from the premises shall be produced on the premises.

   (D)   The business activity, including the storage of equipment, supplies or any apparatus used in the home occupation shall be conducted entirely within the dwelling unit and no use of a garage, an accessory building or an outdoor area shall be permitted.

   (E)   There shall not be any change in the outside appearance of the building or premises, or other visible exterior change related to the home occupation. Structural modifications such as a separate business entrance, colors, materials, or the construction of accessory structures not currently permitted are prohibited.

   (F)   No equipment or process shall be permitted or used in such home occupation that creates a nuisance by reason of generating any noise, vibration, glare, fumes, odors, or electrical interference, or which is determined unsafe.

   (G)   No signs shall be permitted on the lot that designates employment or home occupations.

   (H)   Traffic.

      (1)   Employee parking shall be located off the street with the applicable front, side and rear yard requirements maintained.

      (2)   The conduct of a home occupation shall not reduce or render unusable areas provided for required off-street parking areas for the dwelling unit

      (3)   Traffic generated by a home occupation shall not exceed the average daily volume normally expected for a residence in a residential neighborhood, which for the purpose of this section equals up to ten round trips per day.

      (4)   Deliveries for the business are limited to an average of once per day. Delivery by a truck with more than two axles is prohibited.

   (I)   All persons wishing to conduct a home occupation shall apply for an accessory use permit, as required in Chapter 150.12.

(Ord. 6-2010, passed 7-7-10; Am. Ord. 19-2014, passed 12-3-14)

   This Zoning Code recognizes that the availability of safe and affordable, good-quality child day care is important to the well being of parents and children. Furthermore, it is the purpose of this section to regulate the operation of child day care in a manner that preserves the residential character of neighborhoods. According to R.C. § 5104.054, any type B family day-care home, whether certified or not certified by the County Director of Human Services, shall be considered to be a residential use of property for purposes of zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. A type "B" family day-care home is a permanent residence of the provider where child care is provided for one to six children and where no more than three children are under two years of age. For the purpose of this definition, any children under six years of age who are related to the provider and who are on the premises of the day-care home shall be counted. Type "B" family day-care homes are a permitted accessory use in residential districts, and do not require a zoning certificate.

(Ord. 6-2010, passed 7-7-10; Am. Ord. 19-2014, passed 12-3-14)

   The purpose of this section is to set forth regulations which control the establishment and operation of public parks in residential districts.

(Ord. 19-2014, passed 12-3-14)

   Residential Facility Category I will be a permitted use in all residential districts. Category II will be a permitted use in the D-2 and D-3 Districts, both of which shall be subject to the additional requirements acknowledged below:

   (A)   The facility shall be appropriately licensed by the State of Ohio at the time the Certificate of Occupancy is granted.

   (B)   The owner/operator will provide to the city a copy of the Evacuation Plan which the operator is required to file with the Department of Mental Health and Addiction Services, or its successor agency, which Evacuation Plan shall be supplemented at any time it is amended with the Department.

   (C)   The owner/operator will provide a key, a Knox Box or similar security system permitting emergency personnel access to the residential facility in the event of an emergency necessitating immediate access.

   (D)   The owner/operator shall file with the city the name of a manager with responsibility for the residential facility which shall be updated in a timely manner whenever the manager or substitute manager is appointed.

   (E)   The owner/operator shall provide the city with a 24-hour contact number in the event of an emergency. To the extent permitted by law, such information shall remain confidential and not subject to public disclosure.

   (F)   As permitted by R.C. § 5119.341(D), to prevent the excess concentration of licensed residential facilities within the community, no residential facility shall be located closer than 750 feet from where another residential facility is located within the city.

(Ord. 19-2014, passed 12-3-14)