Permits

Following is a list of permit forms that are required for doing a variety of work in the City.  If you have any questions regarding what types of projects need permits, do not hesitate to call our building department at 792-8309 or check our frequently asked questions listed below.

 

Permit FAQs

Do I need a permit?

All construction activity to enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system requires a Building Permit Application. If in doubt, please call the building department at 513-792-8309 for verification.  A complete list of permit applications is listed above.

Requires a building permit (although this may not cover all situations that require a permit):

  • New construction
  • New additions
  • Demolition of existing building
  • Decks/Patios/Porches
  • Pools
  • Alteration of floor joists, wall studs, ceiling joists, rafters, beams, or other structural supports
  • New or moved interior walls, regardless of whether or not they are structural
  • Structural repair of existing residential roof
  • All commercial roofing projects
  • New wall openings for windows or doors
  • New or replacement heating, ventilation, and air conditioning equipment or ducts
  • New wood-burning stoves or fireplaces
  • Accessory buildings (shed or detached garage)
  • Tents, over 200 square feet
  • Retaining walls over four feet in height
  • Temporary signs at commercial establishments

Does not require a Building Permit, but does require a Zoning Permit?

  • Accessory structures (sheds) less than 200 square feet in size
  • Temporary signs
  • Sandwich board signs
  • Animal enclosures
  • Temporary storage containers
  • Tents under 200 square feet
  • Fire pits
  • Removal of underground storage tank
  • Filling in of in-ground pool

Does not require either a Building or Zoning Permit and the work can be done at any time:

  • Replacement siding that does not require structural changes or repairs
  • Replacement roofing that does not require structural changes or repairs
  • Replacement windows that do not require structural changes or repairs
  • Interior decoration, such as paint, wallpaper, carpet, tile, cabinets, window coverings, and replacement light fixtures
  • Installation of playground equipment
  • New or replacement gutters and downspouts
  • New storm windows or doors in existing openings
  • New fencing
  • Planting trees, shrubs, and other vegetation

Not all permits in the City of Montgomery are issued by the City. Please consult with these other jurisdictions at the beginning of your project planning process.

What do I need to submit for a building permit?

All residential building permit applications must include three copies of your construction drawings and elevations, if applicable as well as four copies of your site plan (if applicable).  Commercial building applications must include four sets of construction drawings and four site plans (if applicable).  You will also need to complete a Building Permit Application to include with your submission.  All building permits are processed in the Montgomery building department, 10101 Montgomery Road.  All non-residential plans must be sealed by an Ohio Registered Design Professional; any plans submitted without a seal will be rejected without being reviewed.  Any projects involving new building or the expansion of an existing building will also require a Zoning Permit Application .

What do I need to submit for a zoning permit?

All zoning permit applications must include three copies of your site plan, construction drawings and elevations, if applicable.  You will also need to complete a Zoning Permit Application to include with your submission.  All zoning permits are processed in the Montgomery building department, 10101 Montgomery Road.  Call the building department with any questions regarding zoning permits at 792-8309.

What is a site plan?

A site plan is a drawing that shows the property lines and dimensions of the property as well as the locations of any existing structures on the lot.  The proposed improvements are to be shown on the site plan including the dimensions of the improvement, the distances from the property lines and from other structures.

What are setbacks?

Setbacks refer to the distance that must be maintained between any improvement project and your property lines.  Setback requirements vary for different types of projects.  For new houses, or additions to an existing house, the following setbacks would apply:

LocationResidence A zonesResidence B zones
Front yard setback50'50'
Side yard setback15' from each side12' from each side
Rear yard setback35'30'

There are other zones in the City of Montgomery, but Residence A and B make up the majority of residential areas in the city.  To see what zone you live in, check the Zoning Map.

Other types of structures also have setback requirements.  Sheds must maintain a minimum setback of five feet from the rear and side property lines and may only be constructed in the side or rear yard.  Swimming pools have a 10 foot setback to the side and rear property line.  Doghouses, rabbit hutches, chicken coops and bee hives have a 15 foot setback from the side and rear property lines.  Driveways have a 5 foot setback from the side property line.  If you are considering any type of construction on your property, it’s a good idea to call the Community Development Department to make sure it will be in compliance with the zoning code.

What is an elevation?

An elevation is a drawing which shows the end result of the proposed structure, including the height and materials.

How long does it take to get a permit approved?

Zoning permits can usually be processed very quickly, sometimes in as little as two days.  Projects such as new buildings or other projects that require a building permit and/or engineering review can take up to two weeks.  If your project is non-compliant with the Zoning Code and you decide to request a variance from the Board of Zoning Appeals, the permit can take considerably longer as the Board only meets once a month.

When do I need a driveway/excavation permit?

A Right-of-Way Excavation Permit is needed anytime you will be doing excavation in the public right of way, which for most properties is a strip of land approximately 12 feet from the edge of the road.  The types of projects that would typically require this type of permit are new driveways and drainage lines.

For your safety, before digging on private property or within the public right-of-way, call the Ohio Utilities Protection Service at 1-800-362-2764 so it can properly identify the location of all utility service lines.  Damaging underground utility lines can result in serious injury or death.

Are chickens permitted in the City of Montgomery?

Yes, residents are permitted to keep up to six chickens (hens only, no roosters) and kept in an enclosed structure.  Animal enclosures require a zoning permit and must be constructed no closer than 15 feet to the side and rear property lines.  The animal enclosure will not be visible from the public street and appropriately screened from abutting properties with landscaping, a fence or a wall constructed and maintained according to the Code.  The same setback requirements also apply to rabbit hutches, dog houses or other types of animal enclosures.

Do I need a permit for a fence?

Fences and walls up to 6.25 feet in height may be erected in the side and rear yard of any residential lot and zoning or building permits are not required.  In the front yard, fences over two feet in height are not allowed.  Fences may be of any standard fence material, including, but not limited to, chain link, wood picket, or split rail, and they may not be electrified or have barbed wire.  The smooth finished side must face out toward neighboring properties.  If you live on a corner lot, you have two front yards, and your options for the erection of a fence are limited.  Please contact the Montgomery building department for assistance if you are not sure where a fence may be placed on your property before you have the fence installed as you will be required to remove any non-compliant fencing at your own expense.

What is the process for requesting a variance from the Board of Zoning Appeals (BZA)?

After discussing the project with the Montgomery Community Development Director, and deciding that you wish to proceed with a variance request, you must provide 13 copies of your site plan showing setbacks to the proposed structure and a fully completed Board of Zoning Appeals Application to the Montgomery building department.  There is also a non-refundable $300 processing fee for this application.  Submissions are due no later than the first Thursday of the month in which the BZA is meeting.  The BZA meets on the fourth Tuesday of the month.  The City will then add the item to the next applicable BZA agenda and will notify all property owners within 300 feet of your property of your request and the date and time of the meeting.  You are also required to be in attendance at this meeting.  You may be advised of the decision in your case that evening, or, in the event that more information is needed, the case may be tabled for the next meeting the following month.

I received a notice of public hearing. Where can I find more information?

More information regarding the public notice can be received by contacting the community development director at (513) 792-8312 or by reviewing the case documents.