The Business Districts (O, OC, L-B, G-B, OMG and OM) and their regulations are established in order to achieve, among others, the following purposes:

   (A)   To provide in appropriate and convenient locations, sufficient areas for business activities for the exchange of goods and services;

   (B)   To protect residential neighborhoods adjacent to business uses by restricting the types of establishments, particularly at the common boundaries, that would create congestion, noise or other objectionable influences;

   (C)   To protect and stabilize both residential and nonresidential developments from congestion by requiring off-street parking facilities;

   (D)   To provide Office Districts (O) and Office Commercial Districts (OC) to create an environment that is conducive to well-located and designed offices building sites to accommodate all types of offices and limited business service activities;

   (E)   To provide Limited Business Districts (L-B) to accommodate small-scale limited retail, office uses and uses confined primarily to indoor activities with residentially sensitive scale and character;

   (F)   To provide General Business Districts (G-B) with parcels of sufficient size, allowing for a broader range of commercial uses and services than those specified in the L-B District, including more intensive automotive and outdoor uses;

   (G)   To provide an Old Montgomery District (OM) that preserves the historic fabric of the downtown area by maintaining retail and office uses along the primary street frontages, reducing the parking requirements and allowing for buildings to be located closer to the street. To further achieve these objectives, the District has been divided into the "core area" and "outer area". In the core area, development standards are established to maintain the traditional character and arrangement of lots along the Montgomery Road corridor; in the outer area, slightly more generous standards have been established for adjacent lots surrounding the corridor where existing lot arrangements are more flexible; and

   (H)   To provide an Old Montgomery Gateway District (OMG) to accommodate retail, office and mixed use developments that strengthen the current historic district and create a cohesive development pattern and density in the OMG and OM Districts.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 12-2008, passed 9-3-08; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)

(Ord. 5-2005, passed 3-23-05; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)

 

   (A)   The minimum lot requirements for uses in the O, OC, L-B, G-B, OMG and OM Districts are specified in Schedule 151.1204(A).

 

      (1)   The length of lot frontage utilized in the calculation shall not include the width of access drives.

      (2)   When the length of the building frontage equals less than 70% of the linear length of the lot frontage, a wall shall be required as specified below so that the length of the building and wall, in combination, equal a minimum of 70% of the linear length of such lot frontage.

         (a)   Walls shall be constructed of solid masonry and shall have a height not less than three feet, not including ornamentation or other features.

         (b)   Walls shall be located no farther from the public right-of-way than the building setback line established in § 151.1205(B).

(Ord. 5-2005, passed 3-23-05; Am. Ord. 12-2008, passed 9-3-08; Am. Ord. 16-2013, passed 11-6-13;

Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)

   (A)   Every building shall be located on a lot in compliance with the setback requirements set forth in Schedule 151.1205(A).

 

(Ord. 5-2005, passed 3-23-05; Am. Ord. 12-2008, passed 9-3-08; Am. Ord. 16-2013, passed 11-6-13; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)

   (A)   The height of buildings and structures in the O, OC, G-B and L-B Districts shall not exceed three stories, up to a maximum of 45 feet, except as permitted in § 150.0204(B).

   (B)   The height of buildings in the Heritage Overlay District shall comply with the requirements set forth in § 151.1405.

   (C)   The height of the buildings in the OMG District shall comply with the requirements set forth in § 151.1513.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 12-2008, passed 9-3-08; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)

   Off-street parking areas shall conform to the regulations of Chapter 151.32 and to the parking requirements specified in Schedule 151.1207. Off-street parking shall be located in compliance with the minimum setbacks, measured from the street right-of-way or property line, as specified within Schedule 151.1207 unless otherwise noted.

   (A)   The area within the parking setback shall be landscaped in accordance with Chapter 151.34.

   (B)   Off-street parking spaces shall be provided in compliance with Chapter 151.32.

 

   Outdoor display of merchandise for sale shall comply with the following:

   (A)   Areas devoted to outdoor display shall comply with all parking lot setbacks and yard regulations for the district in which they are located, as set forth in this chapter.

   (B)   The outdoor display area shall not be located in areas intended for traffic circulation or pedestrian access as identified on the site plan.

   (C)   The area of the lot devoted to outdoor display shall not exceed 20% of the ground floor area of the principal building. This restriction does not apply to auto dealerships or plant nurseries.

   (D)   One information sign per product(s) identifying the product(s) on permanent outdoor display shall be permitted; however, such signs shall not exceed one square foot in size. The sign message is limited to identifying what the product is and the sale price. The sign must be located on or next to the product it identifies and oriented for pedestrians on the site. As an alternative, a business may display a single sign up to six square feet to list all of the products for sale when there are four or more different types of products on display. The sign must be oriented toward customers at the display and not off site. Permanent outdoor display signs may be either fixed message or hand-decorated, must meet the requirements of § 151.3016, and can not be illuminated.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 16-2008, passed 11-5-08; Am. Ord. 16-2013, passed 11-6-13; Am. Ord. 7-2022, passed 10-5-22)

   Temporary outdoor sales and displays associated with an established commercial/retail use or community markets, community events, programs and festivals, shall be permitted in compliance with the following regulations:

   (A)   Temporary outdoor sales and displays of for-profit merchandise offered by or through an existing business use approved in the community are permitted as a use in the district where located so long as such temporary outdoor sale or display is approved as provided herein.

      (1)   Such sales associated with a commercial/retail use which do not exceed three consecutive days and which are held no more frequently than four times per calendar year may be approved by the Zoning Administrator upon application. All other applications for approval require review and approval by the Planning Commission.

      (2)   All applications for outdoor sales must demonstrate that the principal use on the lot will continue to meet all parking requirements during the periods for such sales, there will be no impact upon interior circulation and there will be no significant increase in lighting and noise.

      (3)   Such outdoor display areas must maintain setbacks equivalent to setbacks for the parking areas of that district.

      (4)   The area of the lot devoted to outdoor display shall not exceed 20% of the ground floor area of the principal building.

      (5)   No additional signage is permitted for such sale and/or display with the exception that temporary signage may be erected consistent with § 151.3015, Supplemental Regulations for Temporary Signs.

   (B)   Community markets are defined as the temporary outdoor sale and display of goods operated by a not-for-profit or service organization supporting the Montgomery community. Community markets are such sales or displays operated by such organization which exceed more than three consecutive days or which are held more frequently than four times per year.

      (1)   Such community markets may be located in a residential district so long as they are sited on a conditionally permitted use site, and may be located in business districts consistent with these regulations.

      (2)   The location and operation of such community markets must be approved in advance by the Planning Commission and application approval shall demonstrate that there is adequate parking available to accommodate the event and the approved use of the site. Agreements with adjoining property owners for additional parking may be permitted for limited periods of time.

      (3)   The area of the lot devoted to the community market shall not exceed 20% of the ground floor area of the principal building, or if such community market is operated on a vacant lot, no more than 50% of the lot may be used for the sale or display of merchandise.

      (4)   The application shall set forth the hours of operation and provide sufficient additional detail concerning required licensing, location and installation of utilities, property maintenance, on-site signage, traffic circulation and safety, and such other information as is required by the Zoning Administrator to determine the effect and impact of the proposed market on the community and surrounding properties.

      (5)   Signage shall be permitted for a community market consistent with § 151.3015, Supplemental Regulations for Temporary Signs.

   (C)   Community events such as festivals, concerts, arts and craft shows, and similar events which are operated by a public entity or not-for-profit organization supporting the Montgomery community, are events which do not exceed three consecutive days nor occur more than four times per year. Such community events may be approved by the Zoning Administrator on appropriate application. The area of the lot devoted to the community event is not limited provided there is adequate parking available to accommodate the event and the approved use of the site. Agreements of the adjoining property owners for additional parking may be permitted for limited periods of time. The Zoning Administrator may require such additional information in an application as is necessary to determine what impact, if any, the event will have on surround property owners and the community including information concerning the duration of the event, hours of operation, licensing security and property maintenance, parking and traffic circulation, access for emergency vehicles, noise, light and signage. Off-site signage for a community event is permitted consistent with § 151.3015.

(Ord. 16-2008, passed 11-5-08; Am. Ord. 6-2010, passed 7-7-10; Am. Ord. 5-2011, passed 4-6-11; Am. Ord. 7-2022, passed 10-5-22)

   Outdoor dining shall comply with the following regulations:

   (A)   Outdoor dining shall only be permitted as an accessory use to an indoor restaurant.

   (B)   Outdoor dining areas must meet the setback requirements for principal buildings. Outdoor dining areas are permitted to be located upon a public sidewalk or within the public right-of-way in the Old Montgomery District and the Old Montgomery Gateway District, in accordance with division (I) below.

   (C)   The number of seats permitted outdoors shall be no greater than 30% of the number of seats inside the restaurant.

   (D)   The outdoor dining area shall be limited to seating only and shall not include table bussing facilities or cooking facilities.

   (E)   Permanently installed sound systems that are used for low level background music and as part of a television system may be permitted by the Planning Commission when the dining area is located at least 100 feet from a single-family residential district. Any sound system to provide entertainment on a temporary basis must be portable and must be removed at the end of each business day. All outdoor dining activities, including any entertainment, are subject to the city's noise ordinance and related limitations thereto.

   (F)   Outdoor heaters in the dining area may be permitted only pursuant to appropriate health and fire codes enforced in the City of Montgomery.

   (G)   No separate advertising is permitted for the outdoor dining area, including any advertisement for the business or any supplier to the business on any umbrellas, awning or other structure attending to the outdoor dining facilities.

   (H)   The property owner shall be responsible to keep the outdoor dining area free and clear of all garbage, trash and other debris and shall provide an appropriate trash receptacle within the outdoor dining area for the deposit of refuse and litter. Such trash receptacle shall be emptied on a regular basis and shall be moved indoors at the end of each business day.

   (I)   Any outdoor dining located upon a public sidewalk or within the public right-of-way in the OM or OMG District, requires a separate permit from the City Manager which must be accompanied by sufficient surety or insurance to protect and indemnify the city from any third party claims.

(Ord. 6-2010, passed 7-7-10; Am. Ord. 7-2022, passed 10-5-22)

   Accessory uses permitted in any O, OC, L-B, G-B, OMG or OM District shall conform to the regulations of this section.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 6-2011, passed 4-6-11; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7- 2022, passed 10-5-22)

   Visual screening and landscape buffers shall be provided for all lots in nonresidential districts in accordance with the provisions set forth in Chapter 151.34.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 7-2022, passed 10-5-22)

   All uses shall comply with the following performance standards.

   (B)   Lighting. All lighting shall be so arranged as to direct light away from adjacent parcels and streets and shall not be of excessive brightness or cause a glare hazardous to motorists or reasonably objectionable to adjacent property owners. See also § 151.3213(C). Exterior lighting should be limited to what is needed to illuminate parking, pedestrian, and other activity areas for safety and security. Additional lighting mounted on a building may be used to illuminate points of ingress and egress as required by building codes. Planning Commission, through the site plan review process, may also permit limited exterior lighting on buildings to highlight architectural features. Lighting under canopies and awnings is permitted when it covers a sidewalk or entrance. However, the awning or canopy must be opaque and the intent of the lighting is not to illuminate the entire canopy or awning. These standards are in addition to the requirements of § 151.3213(C) for parking areas.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)

   (A)   Drive-through facilities in association with a permitted use shall comply with the following:

      (1)   Such facilities shall be located in an area least disruptive to pedestrian or vehicular traffic.

      (2)   Any proposed loud speaker system must be pre-approved as part of the development plan.

      (3)   All access drives shall be located as far as practicable from an existing intersection in order to minimize congestion and constricted turning movements.

      (4)   The Planning Commission may impose restrictions on the hours of operation in order to minimize the impact on surrounding properties.

   (B)   Freestanding automated teller machines in association with a permitted use shall comply with the following:

      (1)   No separate signage is permitted for an ATM other than directional signs located on the lot of the principal use. Additionally, there may be advertising on the ATM to identify the ATM brand, but limited to no more than two square feet on each of two fronts.

      (2)   Such ATM facilities shall be located in an area least disruptive to pedestrian or vehicular traffic.

      (3)   If an ATM is accessible as a drive-up machine, then there shall be an identifiable and dedicated traffic lane located on the lot of the principal use with sufficient room to allow one motor vehicle to access each machine and such additional space within the identified and dedicated traffic lane to allow two waiting motor vehicles for each machine to stand on the lot without interfering with other vehicular traffic.

      (4)   Any separate lighting for the ATM must comply with § 151.1213(B) and shall be the minimum necessary to provide adequate security for the use of the ATM.

      (5)   No external loud speaker system is permitted with such ATM.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 12-2008, passed 9-3-08; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)

   The following supplemental conditions are required for retail uses when located in an 'OC' Office Commercial District:

   (A)   Specialty retail uses shall comply with the following:

      (1)   The maximum gross square footage shall not exceed 5,000 square feet.

      (2)   The sign regulations for the Office District will apply to all uses regardless of whether they are retail or service uses.

      (3)   Temporary and permanent outdoor displays are prohibited.

      (4)   Parking will be required per the standards in Schedule 151.3204.

   (B)   General retail uses shall comply with the following:

      (1)   The maximum gross square footage shall not exceed 5,000 square feet or 20% of the total square footage of the principle and accessory use, whichever is less.

      (2)   There will be no additional exterior signage.

      (3)   Access to the accessory use will be through one shared entrance with the principle use.

      (4)   The hours of operation of the accessory use will coincide with the hours of the permitted use.

(Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)

   (A)   History. The Bethesda North Hospital Property (hereinafter Bethesda site, see Appendix "A") was first zoned in 1967 as a planned development under ordinance 5-67, which acknowledged the permitted site uses related to hospital operations with additional site restrictions concerning height of buildings, setback and green belt requirements, access restrictions, and fence restrictions. In 1998 Council adopted the planned development overlay process for all planned developments in the community. This ordinance established a procedure to convert planned development districts, such as the hospital district created in 1967 and amended in 1995, to the planned development overlay process. The conversion required Council, when the property owner applied for any substantive modification to the planned development, to rezone the property to one of the conventional zoning districts (at that time Districts A through E) while imposing upon the particular property the planned development overlay restrictions. In 1995 the hospital development restrictions were modified in part by Ordinance 21-1995, and the hospital entered into an agreement with neighboring residential properties on the south property line providing certain protective covenants and restrictions between the hospital and these property owners.

         (a)   Residential uses for hospital personnel or housing exclusively for persons temporarily visiting patients.

         (b)   Pharmacies and other retail facilities servicing the hospital when located in a building in which the primary use is a principally permitted use.

         (c)   Places of worship.

         (d)   Parking for the hospital site.

 

         (a)   Along the south line of the property, commencing 150 feet west of Parcel 149, Page 9, of Hamilton County Auditor's Book 603, to a depth of 150 feet there shall be a greenbelt maintained and planted with trees and shrubbery, which shall extend to the easternmost property line of Parcel 140, Book 9, Hamilton County Auditor's Plat Book 603. Within the greenbelt, east and west berms shall be maintained with a one to three slope, a minimum of eight feet in height, and shall substantially screen the adjacent residential properties from the parking areas and other developments on the subject property and the light and glare therefrom.

         (b)   The west berm shall be established along the south property line behind Parcels 145 through 149. The berm's center line shall be 54 feet north of the south line of the property beginning at a point approximately midway between the east and west property lines of Parcel 145 at the edge of the existing tree cover, and continuing westward behind Parcel 148. At the western edge of Parcel 148, the centerline shall bear 30 degrees northwest until it intersects a berm center line running parallel to the south property line and 100 feet north of the property line behind Parcel 149. The berm's centerline shall proceed at 52 degrees southwest to intersect the property line of Parcel 149.

         (c)   In the area where no tree cover exists adjacent to the dead end of Pendery Drive, the east berm shall be constructed approximately 80 feet inside the property line and shall extend 100 linear feet. After planting, the east berm shall be maintained in a natural state.

         (d)   Those areas within the greenbelt in which no berm is required shall remain covered with existing trees and other vegetation, provided that the existing wooded area is maintained to a depth of 150 feet from the south property line. For those residents whose properties abut the existing wooded area, the owner of the subject property shall offer to plant Eastern Hemlocks within the wooded area, recognizing that the planting of each tree may require some clearing. The maximum number of trees shall be 15 trees per 100 linear feet of property line. These trees shall have a minimum height of five feet. For this purpose, an adjacent homeowner will be determined by an extension of the eastern and westernmost property lines of each resident's property.

         (e)   Plantings shall be installed and maintained on the earth berms, which shall meet the following minimum standards. The majority of the following required plant materials are to be located within the top one-third portion of the berm, on the side facing the residential property.

            1.   Every 100 linear feet shall contain at least five deciduous trees. These trees shall have an average height of 15 feet at the time of planting. Recommended plants are Maple, Ash, Linden, and Oak or their equal.

            2.   Every 100 linear feet of the earth berm shall contain at least ten conifer trees. Each tree shall be a minimum of ten feet in height at the time of planting. Recommended plants are White Pine, Austrian Pine and Norway Spruce or their equal.

            3.   Shrubs and ground cover shall be located and maintained on the earth berm at a density of 20 shrubs per 100 linear feet of berm, which shrubs shall be a minimum of three feet in height.

            4.   The number of trees required shall be calculated by dividing the actual length of the berm by 100, multiplying by the number of trees required per 100 feet and rounding off to the next highest integer.

         (f)   All required trees and plants shall be maintained in a healthy condition and replaced with a similar type or its equal if damaged or destroyed. Further, the greenbelt area shall be maintained in good order and kept free of debris. The construction of any earth berm shall not adversely impact private property by obstructing water runoff. The berm must include a swale on each side leading to storm sewer drains or an alternative equal or better drainage system.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 7-2022, passed 10-5-22)

   All uses in a nonresidential district shall be permitted only after development plans have been reviewed and approved by the Planning Commission according to the procedures set forth in Chapter 150.14.

(Ord. 5-2005, passed 3-23-05; Am. Ord. 7-2022, passed 10-5-22)