The purpose of the general regulations is to provide for special situations that must be regulated in such a manner as to promote orderly development and to protect the public health, safety, and general welfare of the community. The following regulations have been deemed necessary to clarify and carry out the overall intent of this Ordinance.

(Ord. of 5-9-2023)

(a)

All accessory uses, buildings, or structures shall require a zoning permit and shall be permitted in all districts, provided each is customarily incidental and subordinate to a principal use, except those otherwise expressly districted. There must be a principal use or structure on the lot prior to the issuance of a zoning permit for an accessory use, building, or structure.

(b)

Accessory buildings and structures shall adhere to the accessory setback requirements for each district. On residential property, accessory buildings and structures shall not be located in the front yard, except driveways, mailboxes, or other structures customarily located in the front yard. On nonresidential property, accessory buildings shall not be located in the front yard except those customarily located in the front yard. Accessory buildings and structures shall not be closer than five feet from a principal structure. Accessory buildings and structures, together with principal buildings and structures, shall not exceed the maximum lot coverage permitted in a zoning district.

(c)

Accessory buildings and structures shall not be used as a dwelling, except a caretaker's residence or accessory dwelling as provided in this Code.

(d)

Accessory buildings and structures shall be no more than seventy-five percent of the height of the principal structure's height, and in no circumstance higher than the applicable zoning district's maximum height requirement.

(e)

No use conducted in an accessory building or structure shall be in violation of the permitted uses in that zoning district. Accessory uses within the principal structure shall not occupy more than twenty-five percent of the gross floor area.

(Ord. of 5-9-2023)

(a)

All yards required under this Code shall be open to the sky and unobstructed by any building or structure except for accessory buildings or structures in the rear yard, fences, and the following that may project into the required yards:

(1)

Decks, patios, covered porches, steps, and landings not exceeding twenty-four square feet;

(2)

Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projection of chimneys and flues into the rear or side yard not exceeding three and one-half feet in width and placed so as not to obstruct light or ventilation; and

(3)

Heating, ventilation, and air conditioning mechanical equipment;

(4)

Eaves, overhangs, bay windows, sills, belt courses, cornices, and ornamental features not exceeding two feet in width.

(b)

Where any main wall of a structure located on an irregularly shaped lot does not parallel the lot line that the wall faces, the yard or minimum distance to the lot line at every point shall be at least equal to the minimum dimension required for the yard or distance to the lot line.

(c)

For purposes of determining the required yard for townhouse developments, setbacks shall only apply from the perimeter of the main building to the perimeter of the parent parcel upon which the building is situated.

(Ord. of 5-9-2023)

(a)

Residential. Individual lots or subdivided parcels ten acres or less in size shall have no building or buildings used for living purposes in addition to the principal residence, except as provided in this Code. Undivided land parcels of ten acres or greater in size shall be limited to one residential building per ten acre unit of undivided land area. This provision does not apply to factory-built home rental communities.

(b)

Nonresidential. More than one principal building may be located upon the lot or tract of nonresidential properties, but only when such buildings conform to all setback requirements. Additional principal buildings may include a caretaker's residence used in conjunction with an active industrial establishment or a caretaker's residence used in conjunction with a place of worship or religious institution.

(Ord. of 5-9-2023)

(a)

Special industrial structures such as cooling towers, elevator bulkheads, fire towers, water tanks, and water towers, which require a greater height than provided in the district, may be erected to a greater height than permitted provided that:

(1)

The structure shall not occupy more than twenty-five percent of the lot area;

(2)

The setback requirements of the district in which the structure is erected shall be increased by one foot for each foot of height over the maximum height permitted; and

(3)

The structure is necessary to comply with state or federal statutes or regulations.

(b)

The height limitations of this Code shall not apply to spires, belfries, or chimneys.

(Ord. of 5-9-2023)

(a)

Corner lots. Corner lots shall have no rear lot line.

(b)

Flag lots. When the handle of a flag lot is less than the minimum width for a lot in the zoning district in which it is located, the handle is not to be used in delineating the minimum required lot width. The minimum lot width shall be taken from the front building setback line. The handle shall be used in computing the required minimum lot size, except that in no case shall the area of the handle constitute more than fifty percent of the entire lot. No structures whether primary or accessory shall be placed in the handle.

(c)

Lot width. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot lines or street line.

(d)

Irregular lots. Front setbacks for irregular lots shall be measured from the front lot line adjacent to the street right-of-way with the greatest frontage in linear feet.

(e)

Pie-shaped lots. Setbacks on pie-shaped lots shall be measured at the closest point between the building and the angled lot line.

(f)

Rear lot line (irregular). In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line farthest from any street shall be considered a rear lot line. Where there is only one lot line other than street lot lines, it shall be considered the rear lot line.

(Ord. of 5-9-2023)

Private swimming pools are permitted accessory uses only when located in rear yards. Swimming pools and protective barriers, required by the building code or otherwise installed, must adhere to setback requirements within the zoning district where the pool is located.

(Ord. of 5-9-2023)

Subject to the following conditions, fences and walls may be erected and hedges and other plantings may be grown along the boundaries of a lot:

(a)

Clear sight triangle. Fences, hedges, other plantings, or walls at street corners shall not interfere with any clear sight triangle. The height of such objects is restricted to three and one-half feet within the clear sight triangle. No fence, hedge, other plantings, or walls shall otherwise impose a threat to public safety, including by obstructing the view of motorists to oncoming traffic or pedestrians.

(b)

Height restrictions. Fences, walls, hedges, and other plantings used for the purpose of screening shall not exceed four feet in height from the front building line extending to the front lot line, and shall not exceed six feet in height extending behind the front building line of the main structure, excluding porches and stairs.

(c)

Fences and walls.

(1)

Fences and walls shall be durably constructed and well maintained.

(2)

Fences and walls that have deteriorated shall be replaced or removed immediately.

(3)

Fence and walls shall not be constructed out of fabric, junk, junk vehicles, appliances, tanks, barrels, razor wire, barbed wire, or electric fencing, not including invisible fencing with the use of a remote and collar on a domesticated animal. Razor wire or barbed wire are permitted in commercial or industrial uses.

(4)

The finished side of the fence shall be oriented towards the front of the lot or the direction of the adjacent property owner, unless the fence is not visible from adjoining property.

(5)

Fencing placed in the front yard shall permit at least fifty percent visibility through the fencing materials.

(d)

Landscaped buffer areas.

(1)

Five foot landscaped buffer areas are the preferred method of buffering. However, where a buffer strip is considered to be impracticable or inappropriate, an opaque fence at least six feet in height, in the rear or side yard, or four feet in height in the front yard so as to restrict a clear view beyond said buffer may be substituted in whole or in part for a natural buffer, subject to approval by the zoning officer.

(2)

Landscaped buffer areas shall be continually maintained by the landowner. Any plant material that does not survive shall be replaced within six months. All landscaping shall be kept free of refuse and debris.

(3)

Landscaped buffer areas may be required by the board of zoning appeals as a condition of a conditional use permit.

(4)

Landscaped buffer areas shall not be required where the lot abuts an area of existing natural vegetation that effectively screens the lot from casual observation to a height of at least six feet.

(5)

All species within the screen planting shall be indigenous or otherwise well-suited to the city, except that trees with large leaves that could clog storm drains; are brittle or disease-prone; have low, spreading branches or shallow root systems; drop large fruit or much sap; or are otherwise messy shall also be avoided.

(6)

Hedges shall be kept trimmed so that their branches shall not extend into the public road, or upon the lands of an adjoining owner, more than eighteen inches over the dividing line.

(e)

Commercial or industrial property adjacent to dwellings and zoned or existing single-family residential property. Landscaped buffer areas shall be provided between any new commercial or industrial development adjacent to single-family residential property, existing or zoned, or adjacent to any dwelling, and such landscaping shall be at least five feet wide and at least three and one-half feet high, subject to height limitations contained within this Section.

(f)

Parking lot screening. A three foot high buffer area shall be provided between parking areas and public rights-of-way for all parking areas of five or more parking spaces. A landscaped buffer area shall be required between parking areas and abutting property lines that are not a right-of-way, except where access ways or other openings may be required.

(1)

At least one tree for each fifty linear feet shall be planted in a landscaping strip in addition to other planting materials.

(2)

Landscaped areas shall be protected from the encroachment of vehicles by use of curbing, wheel stops, bollards, fencing, or other approved barriers.

(3)

The landscaped areas shall not obstruct sight distances for motorists or pedestrians, nor shall such landscaping create any potential hazard to public safety.

(g)

Monument signs. All monument signs shall be installed with a minimum surround of threefeet of regularly maintained floral and shrubbery landscaping in every direction.

(h)

Dumpster screening. All outdoor storage of refuse material, recycling, and similar disposal in dumpsters shall be screened with fencing, walls, or a landscaped buffer area.

(Ord. of 5-9-2023)

(a)

All lighting shall be low intensity and shielded so there is no illumination of adjoining residential properties. All lighting shall be erected and maintained so that light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way. Bare, unshaded bulbs are prohibited.

(b)

Building, parking, and all other exterior lighting shall be shielded and directed in a manner that lighting does not reflect or cause glare onto adjacent properties or adversely interfere with street traffic.

(c)

Lighting is required for all off-street parking areas, off-street loading areas, and for driveways providing ingress and egress for nonresidential and multi-family developments.

(d)

Feature lighting, such as up-lighting of trees or other plant material or seasonal lighting, shall be so arranged to reflect away from any residential structure. Such lighting shall not create a glare on adjacent streets or properties.

(e)

For all uses, except dwellings, exterior wall-mounted floodlights shall be prohibited except for security lighting.

(f)

Temporary, decorative string lighting may be used for periods of time not exceeding a total of sixty days in one calendar year.

(Ord. of 5-9-2023)

In a clear sight triangle, the entire area shall remain clear of obstructions to sight, including but not limited to fences, hedges, other landscaping, and signs, above a plane established three and one-half feet in elevation to a height of ten feet from grade level at the intersection of any street, alley, or other public right-of-way centerline.

(Ord. of 5-9-2023)

(a)

Off-street parking.

(1)

General. Off-street parking shall be provided in compliance with this section whenever any building is erected, enlarged, converted, or increased in size or capacity.

(2)

Required number. The off-street parking spaces required for each use permitted by this Code shall not be less than that found in Table 27-60(b), provided that any fractional parking space be computed as a whole space. Uses in the downtown commercial zoning district that are less than fifteen thousand square feet in gross floor area are exempt from Table 27-60(b). Any commercial buildings not listed Table 27-60(b) that are built, converted, modified, or structurally altered shall provide one parking space per two hundred square feet of gross floor area and one parking space for each regular, full-time employee or full-time equivalent in the building or on the premises whose primary duties are in the building or on the premises, during the largest shift.

(3)

Combination of uses. Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use, dividing the gross floor area proportionately between the different uses. The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters, or assembly halls with peak attendance at night or on Sunday may be assigned to a use that will be closed at night or on Sunday.

(4)

Location of lot. The parking spaces required by this Code shall be provided on the same lot as the use or on another lot not more than one thousand feet radially from the lot where the use is located only if the zoning officer deems it impractical to provide space on the same lot with the building.

(b)

Off-street parking table.

(c)

Parking stall dimension.

(1)

Width. A minimum width of nine feet shall be provided for each parking stall, except:

a.

Compact parking stalls shall be a minimum width of eight feet wide.

b.

Parallel parking stalls shall be a minimum width of eight feet wide.

c.

The width of a parking stall shall be increased ten inches for obstructions located on either side of the stall within fourteen feet of the access aisle.

(2)

Length. A minimum length of twenty feet shall be provided for each parking stall, except:

a.

Compact parking stalls shall be a minimum length of eighteen feet.

b.

Parallel parking stalls shall be a minimum length of twenty-two feet in length.

(3)

Aisle access. The minimum width of aisles providing access to stalls shall be measured exclusive of interior drives or maneuvering areas and shall be provided as follows in Table 27-60(d) Parking Standards:

(d)

Parking standards table.

(e)

Design of parking facilities.

(1)

General driveway and access way provisions.

a.

Driveways and access ways should be located to minimize traffic conflicts with traffic entering the street from either the same or the opposite side of the street.

b.

All access ways and driveways shall be designed to conform to West Virginia Department of Transportation specifications with regard to roads.

c.

For dwellings, only one driveway access per unit is permitted. A lot with at least one hundred feet of frontage along a street may be permitted one additional driveway access point. Regardless of frontage, a development may be restricted to a single access way depending on usage and interior and exterior traffic patterns.

d.

On any lot, no wall, fence, hedge, tree, shrub, or other obstruction shall be allowed that dangerously obscures the view of approaching traffic along the street, or at any intersection, including driveways and access ways.

(2)

Driveway and access way width.

a.

Commercial parking shall provide one or more access way, the width of which shall be twelve feet for one-way enter/exit or twenty-four feet for two-way enter/exit.

b.

Residential driveways and access ways shall be at least nine feet in width.

(3)

Driveway and ramp slopes. The maximum slope of any driveway, access way, or ramp shall not exceed twenty percent.

(4)

Stall access. Each required parking stall shall be individually and easily accessed. No automobile shall be required to back onto any public street or sidewalk to leave any parking stall when such stall serves more than two dwelling units. All portions of a public lot or garage shall be accessible to other portions thereof without requiring the use of any public street.

(5)

Striping. All parking stalls shall be striped. Parking spaces shall be clearly delineated by suitable markings. Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings or signage.

(6)

Surfacing.

a.

Permanent surface material, which includes asphalt, concrete, brick, or concrete pavers or with a similar material approved by the zoning officer shall be the preferred method of surfacing parking areas and driveways. Gravel may be used for parking areas and driveways provided the gravel used is no less than three inches of No. 57 clean crushed gravel, rolled and compacted to less than one and one-half inches after compaction.

b.

Permanent surface material, which includes asphalt, concrete, brick, or concrete pavers or with a similar material approved by the zoning officer shall be constructed on a compacted sub grade free of organic matter. The gravel shall be well-graded, crushed stone aggregate six inches thick after rolling. The surface shall be smooth, uniform, and tightly packed.

c.

In residential districts, no more than forty percent of the front yard may be used for parking, including driveways. Vehicles may not be parked or stored upon any lawn or vegetated or otherwise landscaped area.

(7)

Compact car parking spaces. If twenty or more parking stalls are required for a parking lot, ten percent of those spaces may be designated for compact car parking stalls. Each compact car parking stall shall be marked as "Compact Car Parking."

(8)

Retail parking. Off-street parking areas for all new retail businesses over seven thousand square feet of gross floor area shall be designed to include bollards to prevent vehicles from driving into the business. All retail businesses existing before the date of this Ordinance shall install bollards when replacing or substantially working on the sidewalk in front of the business's entrance.

(f)

Ingress and egress. Adequate ingress and egress to a parking facility shall be provided by clearly defined access ways in accordance with any access management requirements of the City of Montgomery.

(g)

Accessible parking. Accessible parking spaces and passenger loading zones shall be provided in accordance with all applicable federal, state, and local laws, including but not limited to the Americans with Disabilities Act (ADA), ICC A117.1, and West Virginia Code Section 17c-13-6, and any amendments thereto.

(h)

Bicycle parking. One bicycle parking space shall be provided for every fifteen required vehicular parking spaces. Bicycle spaces shall not be located within the required sidewalk or in a manner that impedes pedestrian access to the building and may be located within the landscape buffer area provided that it occupies less than ten percent of the length of the required buffer; spaces may be located at the side or rear of the building.

(Ord. of 5-9-2023)

Drive-through businesses shall be oriented with respect to yards, driveways, driveway entrances and exits, and buildings and enclosures to ensure safety, minimize traffic hazards or difficulties, and to safeguard adjacent properties. At a minimum, drive-through facilities must be five feet from any lot line. Entrances to drive-through facilities must be fifty feet from any intersection.

(Ord. of 5-9-2023)

(a)

No lot or premises shall be used as a storage area for inoperable automobiles, appliances, or the storage or collection of any other miscellaneous items unless permitted in this Code or by state statute. No lot or premises shall be used as a garbage dump or a dead animal rendering plant nor may manure, rubbish, or unauthorized miscellaneous refuse be stored in the open.

(b)

Any storage of scrap metal, inoperable automobiles for purposes other than repair, or secondhand building materials closer than one thousand feet to an interstate highway or three hundred feet to any road shall be screened by a solid wall or fence at least ten feet tall. If such wall or fence does not fully screen the scrap metal, inoperable automobiles for purposes other than repair, or secondhand building materials because of topography or piling, the storage may not be closer than three hundred feet to any interstate highway or road.

(c)

Flammable liquids. The storage of alcohol, gasoline, crude oil, or any other highly flammable liquids in above ground tanks with unit capacity greater than five hundred and fifty gallons shall be prohibited in all districts unless such tanks up to and including ten thousand gallon capacity are placed not less than fifty feet from all property lines and unless all such tanks of more than ten thousand gallon capacity are placed not less than one hundred feet from all property lines. All tanks having a capacity greater than five hundred fifty gallons shall be properly diked with dikes having a capacity not less than one and one-half times the capacity of the tank or tanks surrounded.

(d)

Hazardous materials. Any storage of hazardous material that is ancillary to a permitted use or a conditional use shall meet the following conditions:

(1)

All storage shall comply with all state, federal, and local regulations.

(2)

Such material shall be listed and made known to the Chief of the City of Montgomery Fire Department.

(Ord. of 5-9-2023)

Trailers and camping and recreational equipment may be parked or stored subject to the following requirements:

(a)

Permanent parking and storage of trailers or camping and recreational equipment shall be limited to the interior of automobile garages, other available on-lot accessory buildings, or that portion of the lot behind the rear building line of the principal building, provided the trailer or camping and recreational equipment is covered. All such storage shall be a minimum of five feet from any lot line.

(b)

Trailers or camping and recreational equipment, including recreational vehicles, may be temporarily parked on off-street parking on a residential property provided a temporary trailer parking permit is obtained from the zoning officer. Temporary trailer parking permits may be issued for up to two week period no more than four times in a calendar year per registered trailer or piece of camping and recreational equipment, including recreational vehicles.

(c)

At no time shall trailers or camping and recreational equipment, including recreational vehicles, be occupied or used for living, sleeping, or housekeeping purposes while being temporarily or permanently parked or stored on a residential property. Recreational vehicles may not be hooked up to utilities while parked or stored within the city, except for within designated campgrounds.

(Ord. of 5-9-2023)

(a)

General requirements.

(1)

Satellite signal receiving stations shall be for the personal use of residents, occupants, and their guests only.

(2)

Satellite signal receiving stations shall not be used to display a sign.

(3)

Only one satellite signal receiving station is permitted per lot not exceeding five feet in diameter is permitted, unless there is documentation provided to the zoning officer from the installer or satellite company that more than one satellite or a satellite exceeding five feet in diameter is necessary in order to receive the signals for the use and enjoyment of the property owner.

(4)

Satellite signal receiving stations shall comply with all other provisions of this Code not otherwise in conflict with this Section pertaining to accessory structures for the particular zoning district in which such stations are to be installed.

(5)

Satellite signal receiving stations shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.

(b)

Ground-mounted stations. Within all zoning districts, the following provisions shall apply to satellite signal receiving stations:

(1)

Ground-mounted stations shall only be mounted in the rear yard behind the principal building or structure, shall not exceed an above grade height of fifteen feet, and shall not be located closer than five feet to any lot line.

(2)

If a lot or parcel cannot receive a signal for a ground station mounted in the rear yard, the zoning officer may permit a ground-mounted station in the side yard or front yard, subject to the following:

a.

Ground-mounted stations shall not exceed an above grade height of five feet.

b.

Ground-mounted stations shall not be located closer than five feet to a side lot line or front lot line.

c.

Ground-mounted stations shall be shielded or screened from view from the front lot line with natural vegetation or fencing to provide maximum screening or shielding without interfering with the signal.

d.

Ground-mounted stations shall be mounted in a concrete base in line with grade, utilizing only metal supports of galvanized construction.

(3)

Wiring between ground-mounted stations and any other structure shall be placed underground.

(c)

Roof-mounted and side-mounted stations. Within all zoning districts, the following shall apply to roof-mounted signal receiving stations or signal receiving stations affixed to the side of a primary or accessory structure ("side-mounted station"):

(1)

Roof-mounted stations shall be mounted directly on the roof of a primary or accessory structure located in the rear yard and shall not be mounted on appurtenances such as chimneys, towers, or spires.

(2)

Side-mounted stations shall be mounted directly on the side of a primary or accessory structure located in the rear yard and shall not be mounted on appurtenances such as chimneys, towers, or spires.

(3)

Roof-mounted stations mounted on the roof of a primary or accessory structure shall not exceed a height of greater than five feet above the roof on which it is mounted. The height shall be measured vertically from the point at which such station is mounted on the roof.

(4)

No portion of a side-mounted station mounted on the side of a primary or accessory structure shall be lower than seven feet from the ground on which the primary or accessory structure stands and shall not exceed a height greater than five feet above the location at which the station is mounted onto the side of the primary or accessory structure.

(Ord. of 5-9-2023)

(a)

Except as provided in subsection (b), only the following uses are permitted temporarily, for up to four consecutive weeks in one calendar year:

(1)

Seasonal sales of such items as pumpkins, Christmas trees, and fireworks stands in commercial districts;

(2)

Carnival, circus, and street fairs in commercial or industrial districts; and

(3)

Mobile amusements and lighting equipment for promotion, advertisement, and grand openings in commercial and industrial districts.

(b)

Temporary permits may be issued for up to one year for nonconforming uses incident to housing and constructing projects including such structures and uses as storage of building materials and machinery, the processing of building materials, and a real estate office located on the tract being offered for sale, provided such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. Such permits may be renewed for no more than one additional year.

(c)

A permit is required to be completed, returned to the zoning officer, and approved before any temporary use may commence, in addition to any other requirements of the Code of the City of Montgomery, including but not limited to obtaining a business license.

(Ord. of 5-9-2023)

(a)

Sound resulting from any commercial or noncommercial activity shall not exceed the following between the hours of 7:00 a.m. and 7:00 p.m. for more than three hours of total time accumulated within twenty-four hours:

(1)

Sixty dBA in single-family and multi-family residential districts;

(2)

Seventy dBa in commercial districts; and

(3)

Eighty dBa in industrial and conservation districts.

(b)

Sound resulting from any commercial or noncommercial activity shall not exceed the following between the hours of 7:00 p.m. and 7:00 a.m. for more than three hours of total time accumulated within twenty-four hours:

(1)

Fifty-five dBA in single-family and multi-family residential districts;

(2)

Sixty-five dBa in commercial districts; and

(3)

Seventy-five dBa in industrial and conservation districts.

(c)

Sound limits shall apply and be measured from all property lines and from the right-of-way nearest to the origin of the sound. Measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour. In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.

(d)

Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project.

(e)

All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.

(f)

This section does not apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control or to the use of property by the State of West Virginia, any political subdivision of the State of West Virginia, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays.

(Ord. of 5-9-2023)