(a)

For the purpose of this Ordinance, the City of Montgomery is hereby divided into the following zoning districts:

(1)

C: Conservation.

(2)

F: Factory-built home neighborhood.

(3)

SF: Single family residential.

(4)

MF: Multi-family residential.

(5)

DC: Downtown commercial.

(6)

GC: General commercial.

(7)

I: Industrial.

(8)

TO: Telecommunications overlay.

(Ord. of 5-9-2023)

The map attached as Appendix A is the official zoning map of the City of Montgomery.

(Ord. of 5-9-2023)

The table attached as Appendix B reflects the uses permitted by right or possibly allowed with a conditional use permit within the City of Montgomery.

(Ord. of 5-9-2023)

(a)

Except where references on the zoning map to a road or street line or other designated line by dimensions are shown on the zoning map, the district boundary lines are intended to follow lot lines or the centerlines of roads or streets, as they existed at the time of the adoption of this Ordinance. To the extent possible, district boundary lines should not be established or interpreted to bisect property lots. Where district boundary lines are shown following creeks, streams, or river channels, it is intended that the district line follow the center of the creek, stream, or river. Where a district line does not coincide clearly with such lines, or where a district line is not designated by dimensions, a district line shall be determined by scaling.

(b)

The boundaries of all zoning districts are shown on the zoning map, which is the official zoning map for the city.

(c)

Unless a use is allowed as a "use permitted by right," "use permitted with conditions," "conditional use," "nonconforming use," "accessory use," or "temporary use," then such use is prohibited.

(Ord. of 5-9-2023)

(a)

Zoning of annexed lands. Zoning classification for any land annexed into the city shall be established by ordinance, pursuant to Chapter 8A, Article 7, simultaneously with the adoption of the annexation resolution required by West Virginia Code, Chapter 8, Article 6, as amended. City council shall hear zoning recommendations from the planning commission for the subject area during the required hearing for annexation. Prior to any hearings, the Montgomery Planning Commission shall submit its written recommendations, to be consistent with the comprehensive plan, to city council at least thirty days prior to the hearing for annexation.

(1)

Prior to the annexation hearing and formal zoning designation of any parcel(s) of land being annexed, the city shall, at least thirty days prior to the enactment of the zoning map amendment:

a.

Give written notice, by certified mail, to the landowner(s) whose property is directly involved in the proposed amendment; and

b.

Publish a notice of the proposed amendment to the zoning ordinance map as a Class II-0 legal advertisement, pursuant to West Virginia Code Chapter 59.

(2)

After the required thirty day notice period ends and the property owners have been notified by certified mail, the city council shall hold a public hearing regarding the zoning designation of the newly annexed land. After the hearing, city council can, by ordinance, designate the zoning districts for the annexed land.

(b)

Whenever any street, place, alley, public right-of-way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the districts adjoining each side of such street, place, alley, public way, railroad right-of-way, waterway, or similar area shall be extended automatically to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate provisions of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all of the vacated area.

(Ord. of 5-9-2023)

It is recognized that new types or forms of land use will develop within the City of Montgomery that are not anticipated by this Ordinance. In order to provide for such changes and contingencies, the classification of any new or unlisted land use shall be made by the zoning officer to determine if the use can reasonably be interpreted to fit into a similar use category described in this Code.

(Ord. of 5-9-2023)