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FAQ Topic: Building/Zoning FAQs

Am I allowed to operate a business from my home?

Certain home occupations and home offices are permitted by the Montgomery  Zoning Code.  There are restrictions that apply and certain businesses are prohibited as in-home occupations.  To apply for a home occupation with the City, please use the home occupation use permit.  The regulations that govern home occupations follow: These regulations control the establishment and … Continued

What is the public right of way?

The public-right-of-way is a strip of land dedicated for use by the City, in addition to the roadway, that is usually between the roadway edge and the sidewalk or utility poles. Generally it is land approximately 12’ from the edge of the roadway, depending on what part of the City you are located. For more … Continued

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 … Continued

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 … Continued

Are chickens and rabbits permitted to be kept in Montgomery?

Yes, residents are permitted to keep up to six chickens (hens only, no roosters) or rabbits 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 may not be visible from the public street … Continued

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 … Continued

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 and very large projects can take well over a month.  Most residential permits are approved in two weeks … Continued

What is an elevation?

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

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