SPECIAL NOTICE

ARCHITECTURAL REVIEW BOARD

PUBLIC HEARING

At the regularly scheduled meeting of the Architectural Review Board of the City of Montgomery on Tuesday, July 23, 2019, at 5:30 p.m., in Council Auditorium, City Hall, 103 N. Perry Street, a public hearing will be held for consideration of the following items:

Request for approval after the fact of shutters for the property located at 1118 Magnolia Curve (Old Cloverdale).  VIOLATION

Request for approval of a front door accent color for the property located at 1225 Navarro Avenue (Old Cloverdale).

Request for approval of tree removals and public art installation for the property located at 300 Water Street (Lower Commerce).

Request for approval of tree removals for the property located at 1111 Westmoreland Avenue (Old Cloverdale).

Request for approval of tree removals and replacement for the property located at 3318 Lexington Road (Cloverdale Idlewild).

Request for approval of façade renovations and signage for the property located at 23 South Court Street (Individual).

Request for approval after the fact of a front door accent color for the property located at 3123 Lexington Road (Cloverdale Idlewild).  VIOLATION

Request for approval after the fact of window replacement and balconies for the property located at 10 Howard Street (Garden District).  VIOLATION

Request for approval of a rear deck for the property located at 642 Felder Avenue (Old Cloverdale).

All property owners interested in the above items are urged to attend this hearing and express themselves concerning the same.  For additional information concerning these items call 625-2722, Planning Controls Division.

ARCHITECTURAL REVIEW BOARD

Thomas M. Tyson, Executive Secretary

(Mont. Ind. July11, 2019)

LEGAL NOTICE

Notice is hereby given that the Council of the City of Montgomery, Alabama, will meet at August 6, 2019, at 3:00 p.m., for the purpose of considering the adoption of the ordinance hereinafter set forth amending the Zoning Ordinance of the City of Montgomery, Alabama, adopted September 17, 1963, and notice is hereby given that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of the adoption of such ordinance.

BRENDA GALE BLALOCK CITY CLERK

ORDINANCE NO.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA as follows:

SECTION 1. That the Zoning Ordinance of Montgomery, Alabama, adopted September 17, 1963, be amended by removing the following described property from an M-3 (General Industrial) Zoning District to an AGR-1 (Residential Agriculture) Zoning District.

A parcel of land lying on the west side of US Highway No. 31 (aka West Boulevard) (200' ROW) and being a portion of the SE 1/4 of Section 17, T16N, R17E, Montgomery County, Alabama, including Lots 5-16 according to the Corrected Map of Resubdivision of Parcels E, F, G, Part of D and Part of Lot 1 of a Resubdivision of Parcel H, Warranty Subdivision, as said Corrected Map appears of record in the Office of the Judge of Probate of Montgomery County, Alabama, in Plat Book 22 at Page 188 and a portion of Parcel D according to the Map of Warranty Subdivision as said map appears of record in the Office of the Judge of Probate of Montgomery County, Alabama in Plat Book 15 at Page 29 and more particularly described as follows: Commencing at the southeast corner of said Section 17, said point being a 2" open pipe; thence N89°36'59"W, 2,361.52 ft.; thence N00°26'12"W, 521.66 ft. to a 1/2" rebar (Cap CA 0537-LS) and the point of beginning of the parcel of land herein described; thence continuing N00°26'12"W, 1,273.97 ft. to a 1/2" rebar (Cap CA 0537-LS); thence N90°00'00"E, 871.20 ft. to a 1/2" rebar (Cap CA 0537-LS); thence S85°43'00"E, 256.50 ft. to a 1/2" rebar (Cap CA 0537-LS) lying on the west right-of-way of US Highway No. 31; thence along said right-of-way around a curve to the left with a radius of 4,041.87 ft., a curve length of 1,206.35 ft. and having a chord bearing and distance of SO4°46'21"E, 1,201.88 ft. to a 1/2" rebar (Cap CA 0537-LS); thence leaving said right-of-way S77°36'14"W, 265.81 ft. to a 1/2" rebar (Cap CA 0537-LS); thence

N90°00'00"W, 957.65 ft. to the point of beginning.

SECTION 2. This ordinance shall take effect upon its passage, approval and publication, or as otherwise provided by law.

(Mont. Ind., July 11, 2019)

NOTICE TO CONTRACTORS

CITY OF MONTGOMERY 

ALABAMA  

OLD SCREWS ARMORY – NEW ROADWAY CONNECTION   

Project No. SP-9-18                                                                        

Sealed bids will be received in the City of Montgomery Engineering Department located at 25 Washington Avenue, Montgomery, AL  36104, (2nd Floor) until   August 1, 2019   @ 2:00 PM,  at which time they will be opened and publicly read aloud.   Electronic bid documents may be viewed and/or purchased through the digital plan rooms at Blueprint Service and Supply,  HYPERLINK "http://www.bscplanroom.com" www.bscplanroom.com;  Quality Blueprint LLC,  HYPERLINK "http://www.qualityblueprint.com" www.qualityblueprint.com; and Alabama Graphics,  HYPERLINK "http://www.algraphics.com" www.algraphics.com.   

All bidders ARE REQUIRED to register their bid interest by July 30, 2019 to Kelli Gates at:   HYPERLINK "mailto:kgates@montgomeryal.gov" kgates@montgomeryal.gov or 334-354-6150.   

The scope of work involves providing all materials, equipment and labor necessary to construct grade, drain, and approximately 750 ft. of roadway in accordance with the plans and ALDOT specifications.  The scope of work will also include demolition of existing asphalt.  The bracket of cost is $400,000 - $450,000. The bracket of cost range is given only to provide general information and should not be used in preparing the bid.    The time for completion of the project will be 120 calendar days. 

The City reserves the right to accept or reject any and all bids and waive technicalities.  Contract shall not be binding upon either party or considered closed until approved by the Mayor of the City of Montgomery.

The successful bidder is required to carry Workmen's Compensation Insurance and Public Liability Insurance, and if a subcontractor is employed, Contractor's Contingent Liability Insurance.

Bidders are required to file with bid a certified check or bid bond through a surety company authorized to do business in the State of Alabama; either form made payable to the City for an amount not less than 5% of the City's estimated cost or of the contractor's bid, but in no event more than $50,000.00.

Bidders are hereby notified that all provisions of Section 80, Act No. 571 Regular Session of June 19, 1959, approved November 19, 1959, entitled “An Act to Regulate the Licensing of General Contractors” shall be strictly observed.  Also, it is necessary for persons submitting bids for work involving $50,000.00 or more to show satisfactory evidence of license as a general contractor.

   

A bond in a reliable surety company authorized to do business in the State of Alabama must be given by the successful bidder, such bond to be for the sum of 100% of the contract price conditioned for the prompt and faithful performance of contract terms and a surety bond in the amount equal to 50% of the contract prices as security for the payment for all persons performing labor and furnishing materials in connection with the contract.

The City of Montgomery is desirous of a good faith demonstration of efforts for acquiring DBE participation for all public works projects, and particularly encourages all DBE contractors to submit a bid.   

The City of Montgomery is required to comply with the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, § 31-13-1 et seq. of Code of Alabama 1975 (Act No. 2011-535), subsequently all bidders are required to submit an E-Verify Affidavit stating they are enrolled in the E-Verify Program and the entire associated Memorandum of Understanding on the outside of their sealed bid proposals.

(Mont. Ind., July 11, 2019)

NOTICE OF 

COMPLETION

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Associated Mechanical Contractors, Inc., Contractor, has completed the contract for: Goodwyn Hall – Replace 3-way chilled water valve,  Auburn University at Montgomery, 7400 East Drive, Montgomery, AL 36117, Owners, and have made request for final settlement of said Contract.  All persons having any claim for labor, materials or otherwise in connection with this project should immediately notify Auburn University at Montgomery, 7400 East Drive, Montgomery, AL 36117.

Andrew D. Duncan, Secretary/Treasurer

Associated Mechanical Contractors, Inc.

248 South Lewis Street

P. O. Box 70455

Montgomery, Alabama 36107

(Mont. Ind., July 11, 2019)

NOTICE OF PUBLIC SALE

Notice of Public Sale

Pursuant to the “Self Service Storage Act” (Alabama Acts Number 81-679, Page 1321, Section 1) Pike Road Self Storage facility gives notice of sale under said act to-wit: On July 19, 2019 at 1:00 pm at 11233 Hwy 80 East, Montg., Al 36117 will conduct a public sale to the highest bidder, with reserve, for cash of the contents of the following unit(s).

Units 623- Robin Owens

Unit 524- Stephen McKinney

Unit 521- Stephen McKinney

Unit 303- Patricia Anwar

Unit 217- Perez Hopkins

Unit 704- Angela Daniels

(Mont. Ind., July 11 & 18, 2019)

NOTICE OF SALE OF 

ABANDONED VEHICLE

In accordance with Section 32-13-1, Code of Alabama, 1975, notice is hereby given to owners, lienholders and other interested parties that the following abandoned vehicles will be sold at a sealed bid auction to the highest bidder on 8/21/19 at 12 PM at Copart Auto Auctions, 6044 Troy Hwy, Montgomery, AL 36116:

VIN# 1G6DW6ED4B0105600 

11 CADI STS LUXURY SILVR

VIN# 1C3LC46K47N522975 

07 CHRY SEBRING SILVR

VIN# 1C4NJPBB3ED917170 

14 JEP PATRIOT SP WHITE

VIN# 1N4AL2AP7AN425678 

10 NISS ALTIMA BAS BURG

VIN# 4T1BF1FK1GU254806 

16 TOYT CAMRY LE GRAY

VIN# 1C4NJPBA3FD439471 

15 JEP PATRIOT SP BLACK

VIN# JN8AS5MT0CW611135 

12 NISS ROGUE S SILVR

VIN# 5FNRL38687B144920 

07 HOND ODYSSEY EX BLUE

VIN# WBAEV33433KR25711 

03 BMW 325I BLACK

VIN# 1N4AL21E19N538844 

09 NISS ALTIMA 2.5 GRAY

The seller shall have the right to reject any bid that is unreasonably low and may postpone the public auction until another specified time and place. In addition, the seller expressly reserves the right to bid and purchase at the public auction.

(Mont. Ind., July 11 & 18, 2019)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 19-00364

In the Matter of the Estate of ANNIE MAE LEE, Deceased.

Letters of Administration on the estate of said decedent having been granted to the undersigned on June 28, 2019, by the Honorable Steven L. Reed, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

CHRISTOPHER BOYD LEE, Personal Representative of the Estate of ANNIE MAE LEE, Deceased.

(Mont. Ind., July 11, 18 & 25, 2019)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 19-00366

In the Matter of the Estate of JOHN H. WINSTON, JR., on the estate of said decedent having been granted to the undersigned on June 28, 2019, by the Honorable Steven L. Reed, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

TERRI A. WINSTON AND JOHN H. WINSTON, III, Personal Representative of the Estate of JOHN H. WINSTON, JR., Deceased.

(Mont. Ind., July 11, 18 & 25, 2019)

LEGAL NOTICE

STATE OF ALABAMA

MONTGOMERY COUNTY

PROBATE COURT

CASE NO. 19-00153

NOTICE TO: Roy Joseph Welch, Regina Kay Welch, Christy Ruth Welch, (addresses unknown), David Loy Welch, Mary Johnson, Roy Welch and any unknown next of kin..

That on the 14th day of March, 2019, a certain paper in writing and purporting to be the LAST WILL AND TESTATMENT of OTIS D. WELCH, deceased, was filed in the Probate Court of this County by JOEL T. WELCH AND AMY WELCH COX and therewith their application for the Probate thereof as such WILL; and that the 31st day of July, 2019, at 2:15 o’clock p.m., was appointed a day for hearing said application, at which time you may appear if you wish, but it is not required; however, if you intend to contest the will, you must file a written contest prior to the hearing date in the Probate Court; or you may file a written contest within six (6) months after the will is probated in the Circuit Court.

Given under my hand this 20th day of June, 2019.

STEVEN L. REED

PROBATE JUDGE

(Mont. Ind., July 11, 18 & 25, 2019)

IN THE PROBATE COURT OF MONTGOMERY 

COUNTY, ALABAMA

IN THE MATTER OF

THE ESTATE OF

SOCORRO SALCEDO, DECEASED:

CASE NO.: 19-95

LEGAL NOTICE

NOTICE TO:  TO WHOM IT MAY CONCERN

You will take notice that on the 27th day of June, 2019, Michael W. Kelley, II, as Personal Representative of the Estate of Socorro Salcedo, deceased, has filed his Petition to Approve Sale of Real Property of said decendent, to-wit:

a) Lot 18, Block 6, according to the Map of Bell Meadows Plat No. 40, as said Plat appears of record in the Office of the Judge of Probate of Montgomery County, Alabama, in Plat Book 34, at Page 15. (Source of Title RPLY BOOK: 2533 at PAGE: 0979); otherwise known as 6912 Fox Creek Ct., Montgomery, AL 36117 

as grounds therefore, shows the following:

That it is necessary that the above property be sold for payments of debts;

IT IS, THEREFORE ORDERED ADJUDGED AND DECREED BY THE COURT that the 13th day of August, 2019, at 9:15 o’clock a.m. be and it is hereby set to hear said petition, at which time you may appear to contest the same, if you see proper;

DONE this 28th day of June, 2019.

STEVEN L. REED

JUDGE OF PROBATE

(Mont. Ind., July 11, 18 & 25, 2019)

FORECLOSURE NOTICE 

Default being made in payment of the mortgage executed the 1st day of March, 2012, by Dewania Milliner to Kyser Properties, Ltd., recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in RLPY 4255, Page 683, and said default continuing, the said Kyser Properties, Ltd., under the power of sale contained in said mortgage, will sell at auction for cash to the highest bidder at the entrance of the County Courthouse in Montgomery, Alabama, during legal hours of sale on the 5th day of August, 2019,  the following described real estate embraced in said mortgage, situated in the County of Montgomery, State of Alabama, to-wit:

Lot 15, Block G of Normandale Additional Plat No. 1, as the Map thereof appears of record in the Office of the Judge of Probate of Montgomery County, Alabama in Plat Book 14, page 75.

Commonly known as 830 Wesley Drive, Montgomery, Alabama.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist to help persons avoid or delay the foreclosure process. An attorney should be consulted to help you (mortgagor) understand these rights and programs as a part of the foreclosure process.

Kyser Properties, Ltd.

Mortgagee

  

Charles W. Edmondson

Attorney at Law

621 S. Perry Street  

Montgomery, Alabama 36104

Attorney for Mortgagee

(Mont. Ind., July 11, 18 & 25, 2019)

MORTGAGE 

FORECLOSURE SALE

 Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Cynthia Tucker White and Adrian Demon White, wife and husband, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Primary Capital Advisors, LC, on the 5th day of August, 2008, said mortgage recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in RLPY 03792 Page 0582; having been modified by Loan Modification Agreement recorded in RLPY Book 4660 Page 179; and modified by Loan Modification Agreement recorded in RLPY Book 5063 Page 323; the undersigned Wells Fargo Bank, NA, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Montgomery, Montgomery County, Alabama, on August 20, 2019, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Montgomery County, Alabama, to-wit:

Lot 8, Block F, of Rolling Hills Golf and Racquet Club Plat No. 1, as the Map thereof appears of record in the Office of the Judge of Probate of Montgomery County, Alabama, in Plat Book 26, at Page 214.

Property street address for informational purposes:  7036 Knoll Loop, Montgomery, AL  36116

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

Wells Fargo Bank, NA, Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

342526

(Mont. Ind., July 11, 18 & 25, 2019)

MORTGAGE 

FORECLOSURE SALE

 Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Edward B. Spicer, married man, joined herein by his wife, Teressa Spicer, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Everett Financial, Inc. dba Supreme Lending, on the 30th day of August, 2017, said mortgage recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in RLPY Book 5011, Page 377; the undersigned PennyMac Loan Services, LLC , as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Montgomery, Montgomery County, Alabama, on September 10, 2019, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Montgomery County, Alabama, to-wit:

Lot 5, Block H, according to the Map of Halcyon South, Plat 2G, as said map appears of record in the Office of the Judge of Probate of Montgomery County, Alabama, in Plat Book 36, at Page 192.

Property street address for informational purposes:  6425 Merritt Ct, Montgomery, AL  36117

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

PennyMac Loan Services, LLC, Mortgagee/Transferee

Jahan Berns

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

451827

(Mont. Ind., July 11, 18 & 25, 2019)

MORTGAGE 

FORECLOSURE SALE

 Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jackie Burton, a single woman, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for First Residential Mortgage Network Inc. dba SurePoint Lending, Inc., on the 11th day of December, 2006, said mortgage recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in Book 03452 Page 0917; the undersigned U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KS2, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Montgomery, Montgomery County, Alabama, on July 30, 2019, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Montgomery County, Alabama, to-wit:

Lot 6 of Block B of Rolling Hills Golf and Racquet Club Plat No. 1, as recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in Plat Book 26 at Page 214.

Property street address for informational purposes:  7148 Rough Rd, Montgomery, AL  36116

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-KS2, Mortgagee/Transferee

Jahan Berns

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

414950

(Mont. Ind., July 11, 18 & 25, 2019)

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, 

ALABAMA 

DOMESTIC RELATIONS 

DIVISION

In Re: The Marriage of:

MASHONA HOWARD,

and

WILLIE HOWARD, 

CASE NO.: DR-2019-000280.00

ORDER OF PUBLICATION

WILLIE HOWARD, the respondent/husband, whose whereabouts are unknown, is required to answer, MASHONA HOWARD, the petitioner/wife’s Compaint for divorce and/or other relief by SEPTEMBER 1, 2019, or thereafter, a judgment by default may be rendered against the said respondent in the above styled cause.

After the last publication, please file with the Circuit Court, Domestic Relations Division, an affidavit showing the facts of publication, together with a certified copy of the notice of publication.

Done this the 19th day of June, 2019.

/s/ ROBERT T R BAILEY

CIRCUIT JUDGE

(Mont. Ind., July 11, 18, 25 & August 1, 2019)

LEGAL NOTICE

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

CINDY THORNHILL  and 

ROBERT THORNHILL,

Plaintiffs, 

vs.KENNETH GRANT NALL  and 

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., et al.,

Defendants.CASE NO.: CV 19-900358

TO:   KENNETH GRANT NALL, DOB 3/5/92, whose whereabouts are                                                                                                                                                                        unknown.

Summary Statement:    Kenneth  Grant Nall  has been sued in the above entitled cause  for damages and personal injuries he allegedly caused  to  the plaintiffs in an  October 11, 2017 automobile accident in the intersection of Mt. Meigs Road and South Capital Parkway in Montgomery County, Alabama.

Required Answer: Kenneth Grant Nall is required by law to file a written answer  to  the  above entitled complaint within 30 days of the last date of  publication  of this notice or a default judgement may be taken by the plaintiffs. Said answer to be filed with the clerk of the Circuit Court of Montgomery County, Alabama and a copy provided to the attorney for the plaintiffs, Darron C. Hendley, 323 Adams Avenue, Montgomery, AL 36014, phone number 334-300-5836.

(Mont. Ind., July 11, 18, 25 & August 1, 2019)

LEGAL NOTICE

Notice is hereby given that the Council of the City of Montgomery, Alabama, will meet at August 6, 2019, at 3:00 p.m., for the purpose of considering the adoption of the ordinance hereinafter set forth amending the Zoning Ordinance of the City of Montgomery, Alabama, adopted September 17, 1963, and notice is hereby given that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of the adoption of such ordinance.

BRENDA GALE BLALOCK

CITY CLERK

ORDINANCE NO. 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA as follows:

SECTION 1.  BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, that Appendix C – Zoning (Article VI), SmartCode, Article 1, Sections 1.4.3, 1.4.7, 1.4.9, 1.4.10, 1.4.11(a), 1.5.1, 1.5.2, and 1.5.3; Article 2, Section 2.1.3; Article 3, Section 3.1.3; Article 4, Sections 4.1.1, 4.1.2, 4.2.3 and 4.6.4; Article 5, Section 5.1.3; and Article 6, Section 6.3, be and are hereby amended to read as follows:

Article 1

1.4.3The City of Montgomery Department of Economic & Community Development (Land Use Division) shall establish a Consolidated Review Committee (CRC) comprised of a representative from the Land Use Division, the City Engineer’s Office, the City Traffic Engineer’s Office, the City Fire Department, the Montgomery Water Works Board, a designee of the Mayor, a designee of the City Council member in whose district this Code is sought, and the Chairperson and Vice-Chairperson of the Montgomery Planning Commission.

1.4.7Violations

Should a violation of an approved plan occur during construction, the Land Use Division has the right to require the landowner or developer to stop, remove, and or mitigate the violation, or to require the landowner or developer to secure an exception to cover the violation.

1.4.9Greenfield Development

For a Greenfield project meeting the minimum contiguous acreage requirement (according to development type, see Article 3.2), the developer shall submit the following documents to the Land Use Division for CRC consideration before work may be done on the site:

As described in Article 3, the initial site plan submission should show how proposed plan responds to existing conditions (i.e. topographic, adjacent developments and roads for connecting, natural and man-made features) (3.1.5, 3.1.6, 3.6.2, and Table 3)

Designate type of community to be built (CLD, TND, RCD, TOD); illustrate location of the Transect Zones which will convey the intended density of the development pedestrian Sheds on site map. 

Identify on site plan locations for civic space and civic functions 3.7.1, 3.7.2

Greenfields also require, before preliminary site and building approval, an Article 5.1.5a submission which illustrates building disposition (see Tables 14 and 15), building configuration (Table 8 and Table 14), building function (Table 10), and parking standards (Tables 11 and 12). Platting request and Article 5.1.5a submittal should be done concurrently.  For final approval, an Article 5.1.5b submission which illustrates the architectural standards, landscape standards, signage standards, and ambient standards. These standards differ by Transect, refer to each Transect in Article 5 and the relevant Tables to determine project specific requirements.

The initial submission may include the entire development design, including all the above elements, or it may be submitted as one (1), two (2), or three (3) separate documents over time, depending upon the needs of the developer to begin project, work out details of the Article 5.1.5a and 5.1.5.b requirements.  See the referenced articles and tables for more in depth description of details for submission.

1.4.10Infill Development

Any development in an area that has had previous development is infill development. An infill project may consist of a single building or a few buildings that are in an area already under SmartCode control.  Or infill may be a large area (40 or more acres) that will require an area plan and rezoning to SmartCode. Upon CRC approving the plan for Article 4 and Article 5, the intended parcels for development will need to be submitted to the Land Use Division for application to change zoning to SmartCode. A single lot or building will abide by the general standards plus requirements specific to Transect in which project is located. If the project consists of forty (40) acres or more, the Land Use Division or developer shall prepare an Infill Plan to guide development (see Articles 4.1.1, 4.1.2, 4.1.3)

1.4.11Modifications to Submitted Plan

An applicant who wishes to alter or revise an approved Article 3, 4, 5.1.5a or 5.1.5b plan shall contact the Land Use Division.

1.5.1There shall be two (2) levels of Variance:  Warrants and Exceptions. The Land Use Division shall determine whether a variance requires a warrant or exception.

1.5.2A Warrant permits a practice that is not consistent with a specific provision of this Code, but is justified by the Intent Section 1.2 (as determined by the Land Use Division) or by hardship.  Warrants may be granted administratively by the CRC.

1.5.3Exceptions permit practices that are not consistent with a provision of the Intent Section 1.2, as determined by the Land Use Division.  Exceptions shall be granted only by the City of Montgomery Board of Adjustment.

Article 2

2.1.3Regional Plans shall be prepared by the Land Use Division or under its supervision.  The process shall involve citizen participation and the approval of the Planning Commission and adoption by the City Council.

Article 3

3.1.3New Community Plans may be prepared by a landowner, a developer, or by the Land Use Division.

Article 4

4.1.1Within the G-4 Infill Growth Sector of the Regionall Plan (Article 2), or other infill projects, the Land Use Division shall prepare or have prepared on its behalf, infill plans to guide further development.

4.1.2Infill plans shall be prepared in a process of public consultation, as determined and organized by the Land Use Division.  Infill plans shall require approval by the Montgomery City Council except for infill plans prepared pursuant to Section 4.1.3 or infill plans on property located on the Downtown Transect Map (which shall not be subject to 4.1.4, 4.1.5, or 4.5). The requirements of such plans are mandatory. 

4.2.3Specialized Districts (SD)

Districts shall be areas dedicated for certain uses that by virtue of size or function cannot meet the requirements for any transect zone or combination of transect zones. Districts should be created by the Land Use Division in the process of preparing an Infill Plan.

4.6.4Where buildings exist on adjacent lots, the Land Use Division may require that a proposed building match one or the other of the adjacent setbacks and heights rather than the provisions of this Code.

Article 5

5.1.3Landowners and developers following Building Plans in full compliance required only administrative approval by the Land Use Division.

Article 6

6.3Overlays are defined and written by the Department of Economic & Community Development to enhance or protect a specific characteristic. An Overlay Zone provides these specific enhancements and characteristics as specified but the Overlay Zone has no definite boundaries or locations until designated by the Department of Economic & Community Development or requested by either the public and approved by the Planning Commission and City Council.

SECTION 2.  BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, that Appendix C – Zoning (Article VI), SmartCode, Article 7, Table 10 and Illustrations 14C and 14D, be and are hereby amended to read as follows:

(*SmartCode, Article 7, Table 10 and Illustrations 14C and 14D PICTURED*)

SECTION 3.  BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, that Appendix C – Zoning (Article VI), SmartCode, Article 8, Sections 1.4.2 and 1.4.3, be and are hereby amended to read as follows:

Article 8

1.4.2Once the need for a Special District is determined by either the City of Montgomery’s Long Range/Comprehensive Plan, or by a specific use, such as college, airport, hospital, etc., a study should be conducted and data collected by or for the Montgomery Department of Economic & Community Development which includes meeting with neighbors and property owners as well as with the leaders/developers requesting consideration for development or expansion.

1.4.3Following public meetings for presenting possible Special Districts and publishing the relevant maps to show the extent and purpose of the special district for public scrutiny, the specifics of the special district shall be defined by tables and articles that document the allowed form and uses contained within the Special District. The maps, tables, and articles shall be presented to the Land Use Controls Division of the Department of Economic & Community Development which will disseminate the information to the various oversight departments within the City (Long Range Planning, Engineering, Traffic Engineering, Fire Department, and any others deemed necessary) and utilities.  Comments from these departments will be attached to the map, tables, and articles and presented to Planning Commission and City Council for final vote.

SECTION 4.  BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, that Appendix C – Zoning (Article VI), SmartCode, Definition of Terms be and are hereby amended to read as follows:

DEFINITIONS

This Article provides definitions for terms in this Code that are technical in nature or that otherwise may not reflect a common usage of the term.  If a term is not defined in this Article, then the Land Use Division shall use the latest version of Webster’s Dictionary.

Actual Parking:  the number of existing parking spaces.

Adult Daycare:  A facility which provides limited supervision and basic services on a part-time basis by day or evening, but not overnight, to three (3) or more adults other than family/employee occupying the premises.  The term does not include community residential homes, nursing home facilities or institutions for the aged.

Affordable Housing:  dwellings consisting of rental units or for-sale units.  Both shall be economically within the mean of the equivalent of the starting salary of a local elementary school teacher.

Accessory Building:  An outbuilding with an Accessory Unit.

Accessory Structure (Agriculture):  Any associated structure related to agricultural products, tools, equipment or other similar functions.

Accessory Unit:  an apartment not greater than 600 sq. ft. sharing ownership and utility connections with a Principal Building.  An Accessory Unit may or may not be within an Outbuilding.  Accessory Units do not count toward maximum density calculations (see Tables 12 & 16).

Adjusted Parking: the amount of required parking adjusted by the Sharing Factor in Table 12.

A-Grid: Or Primary Grid, See Primary-Secondary Grid.

Allee:  a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Pedestrian Path.

Alley:  a thoroughfare designated to be a secondary means of vehicular access to the rear or side of properties. An alley may connect to a vehicular driveway located to the rear of lots providing access to outbuildings, service areas and parking; and may contain utility easements.

Ancillary Unit:  see Accessory Unit.

Apartment: a dwelling unit sharing a building and a lot with other dwellings and/or uses. Apartments may be for rent or for sale as condominiums. 

Arcade:  A private frontage conventional for retail use wherein the façade is a colonnade supporting habitable space that overlaps the sidewalk, while the façade at sidewalk level remains at the frontage line (see Table 7).

Assisted Living:  a system of housing and limited care that is designed for senior citizens who need some assistance with daily activities but do not require care in a nursing home.

Auto-Related Commercial Establishments: A place of business serving auto-related needs including, but not limited to: car rental, car wash, gas station, mechanic offering minor repairs, retail sales such as auto parts, tire store, indoor car sales. Uses not included: major mechanical work; body work; painting; steam cleaning; welding; outdoor car sales; storage of automobiles not in operating condition; commercial parking lot or commercial garage; or any work involving undue noise, glare, fumes or smoke, all of which are considered auto-related industrial activities.

Avenue (AV): a Thoroughfare or high vehicular capacity and low speed.  Avenues are short distance connectors between urban centers. Avenues may be equipped with a landscaped median.  Avenues become collectors upon exiting urban areas.

Backbuilding:  a single-story structure connecting a principal building to an outbuilding (see Table 16).

Bed and Breakfast: an owner occupied lodging type offering bedrooms; permitted to serve food to guests.

B-Grid: or Secondary Grid, see Primary-Secondary Grid.

Bicycle Lane (BL): a thoroughfare dedicated to bicycle use running within a moderate-speed vehicular thoroughfare, demarcated by striping.

Bicycle Route (BR): a thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds.

Bicycle Trail (BT): a thoroughfare running independently of a high-speed vehicular thoroughfare.

Block:  the aggregate of the private lots, passages, rear lanes, and alleys, circumscribed by thoroughfares.

Block Face: the aggregate of all the building facades on one side of a block.

Boarding House: a lodging house at which meals are provided. 

Boulevard: a thoroughfare designed for high vehicular capacity and moderate speed.  Boulevards are long-distance thoroughfares traversing urbanized areas.  Boulevards are usually equipped with slip roads buffering sidewalks and buildings.  Boulevards become arterials upon exiting urban areas.

Brownfield: an area having been previously used primarily as an industrial or commercial site with perceived or actual presence of environmentally hazardous substance.

Building Configuration: the form of a building as defined by its massing, private frontage, and height.

Building Disposition: the placement of a building on its lot (see Table 9). 

Building Function:  the uses accommodated by a building and its lot. Functions are categorized as Restricted, Limited, or Open, according to the intensity of the use (see Tables 10 and 11).

Building Height: the vertical extent of a building measured in stories, not including a raised basement or a habitable attic. Building height limits do not apply to masts, belfries, clock towers, chimney flues, water tanks, elevator bulkheads, and similar structures.  Building height shall be measured from the average grade of the enfronting thoroughfare (see Table 8).

Building Type: a structure category determined by function, disposition on the lot, and configuration, including frontage and height.

By Right: a proposal for a building or community plan that complies with this code and may thereby be processed administratively, without public hearing. 

Childcare: A facility where six (6) or more children are cared for on a part-time basis by day or by night including after-school care. The term does not include community based residential facilities, family care homes, foster homes, group homes, rehabilitation or detention centers, orphanages, or other places operating primarily for remedial care.

CLD: Cluster Land Development. A freestanding neighborhood.  Because of a location away from transportation, a CLD has a weak commercial center.

Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit and municipal parking.

Civic Building:  Civic Buildings shall be public sites dedicated for buildings operated by not-for-profit organizations dedicated to culture, education, government, transit and municipal parking, or for a use approved by the City Council. Civic Buildings shall not be subject to the architectural standards of Article 5.

Civic Function:  premises used by organizations considered to support the common good of the community.  Uses include educational, cultural, social service, and religious not-for-profit organizations.

Civic Use: see Civic Function

Civic Parking Reserve: parking structure or lot within a quarter-mile of the site that is serves. Space may be leased or purchased from this reserve to satisfy parking requirements.

Civic Space: an open area dedicated for public use. Civic space types are defined by the combination of certain physical constants including the relationship between their intended use, their size, their landscaping, and their enfronting buildings. (See Table 13)

Commercial: the term collectively defining workplace, office and retail functions.

Commercial Street (CS):  See Table 3C.

Common Destination:  an area of focused community activity, usually defining the approximate center of a pedestrian shed.  It may include without limitation one or more of the following:  a civic space, a civic building, a commercial center, or a transit station, and may act as the social center of a neighborhood.

Community:  a regulatory category defining the physical form, density, and extent of a settlement. The three community types addressed in this Code are CLD, TND, and RCD. The TOD community type may be created by an overlay on TND or RCD.

Community Garden: A grouping of garden plots available for small-scale cultivation, generally to residents of apartments and other dwelling types without private gardens. Available for small-scale cultivation, generally to residents of apartments, and other dwelling types, without private gardens.  Community gardens should accommodate individual storage sheds.

Community Pattern:  the physical form of a settlement.  Variations are due to the particulars of the site: density, spatial definition program, transportation, and implementation.  Transect-based community patterns are socially and functionally variegated; they are walkable, and they manifest a gradient from urban to rural.

Community Residence: residential facility for non-related persons needing assistance to integrate into the community.

Conference Center: A center where conferences can be conducted. 

Configuration: the form of a building, based on its massing, private frontage, and height.

Consolidated Review Committee (CRC): a committee of one representative from each of the regulatory agencies that have jurisdiction over the approval of a project. 

Context: surroundings made up of the particular combination of elements that create specific habitat.

Convention Center: a large civic building or group of buildings designed for conventions, industrial shows, and the like; having large unobstructed exhibit areas and often including conference rooms, hotel accommodations, restaurants, and other facilities.

Corridor:  a linear geographic system incorporating transportation and/or greenway trajectories. A transportation corridor may be a linear urban transect zone.

Courtyard Building:  a building that occupies the boundaries of its lot while internally defining one or more private patios.

Curb: the edge of the vehicular pavement detailed as a raised curb or flush to a swale. The curb usually incorporates the drainage system (see Table 4A & B). 

Design Speed:  the velocity at which a thoroughfare tends to be driven without the constraints of signage or enforcement.  There are three ranges of speed:  Very low (below 20 mph), Low (20-25 mph), Moderate (25-35 mph), High (above 35 mph). Lane width is determined by desired design speed.

Disposition:  the placement of a building on its lot. See Table 9.

District:  see Specialized District.

Domiciliary:  providing care and living space.

Drive-through/Drive-in Facility: A place of business including drive-through banks or teller windows, drive-through eating and drinking establishments, drive-through windows at liquor or other stores, or at laundry and dry cleaning facilities, car washes, and similar facilities, but excludes automotive service stations.  

Driveway:  a vehicular lane within a lot, usually leading to a garage. A driveway in the first layer may be used for parking if it is no more than 18 ft. wide, thereby becoming subject to the constraints of a parking lot.

Duplex House: a building that is divided into two living units sharing a common wall.

Edgeyard Building:  a building that occupies the center of its lot with setbacks on all sides.

Effective Parking:  the amount of parking required for mixed use after adjustment by the shared parking factor (see Tables 11 and 12).

Effective Turning Radius: the measurement of the inside turning radius taking parked cars into account.

Elevation:  an exterior wall of a building not along the public right-of-way (see Table 16)

Encroachment:  any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the public frontage, or above a height limit.

Enfront:  to place an element along a frontage line, as in “porches enfront the street.”

Entrance, Principal: the main point of access for pedestrians into a building. 

Exception:  a Variance that permits a practice that is not consistent with a provision or intent of this Code.

Façade:  the exterior wall of a building that is set along a public Right-of-way frontage line. (see Table 16).

Final Plat:  a map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications, restrictions, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas and other dimensions of land.

First Lot Layer:  the portion of a lot measured from the property line on the principal frontage to the building frontage/front setback.

Forecourt:  a private frontage wherein a portion of the facade is close to the frontage line and the central portion is set back (see Table 7).

Frontage:  the area between a building facade and the front setback, inclusive of its built and planted components. Frontage is divided into private frontage and public frontage (see Tables 4A and 7).

Frontage Line:  (front setback) those lot lines that coincide with a public frontage.  Facades along frontage lines define the public realm and are therefore more regulated than the elevations that coincide with other

lot lines (see Table 16).

Gallery:  a private frontage conventional for retail use wherein the facade is aligned close to the frontage line with an attached cantilevered shed or lightweight colonnade overlapping the sidewalk (see Table 7).

Gas Station:  a retail business that sells motor vehicle fuel, related motor vehicle products, and which also sell food and beverage items.

Greenfield:  an area that consists of open fields and farmland which has not been previously developed.

Green:  a civic space type for unstructured recreation, spatially defined by landscaping rather than building frontages (see Table 13).

Greenhouse: a building, room, or area, usually made of transparent or opaque material, in which temperature is maintained within a desired range, used for cultivating plants or growing plants out of season.

Greenway:  an open space corridor or largely natural conditions, which may include trails for bicycles and pedestrians

Group Home:  a residence for persons requiring care or supervision.

Halfway House:  a residence for individuals after release from institutionalization (as for mental disorder, drug addiction, or criminal activity) that is designed to facilitate their readjustment to private life.

Heavy Industrial:  industrial facilities that conduct their operation in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses.

Highway:  a thoroughfare intended primarily to serve through traffic traveling medium to long distances.

Home Occupation:  non-retail commercial enterprises.  The work quarter should be invisible from the frontage located either within the house or in an outbuilding.  Permitted activities are defined by the restricted office category (see Table 10).

Infill:  land which has been previously developed property.

Inn:  a commercial establishment that provides lodging, food, etc., for public, especially travelers; small hotel; a tavern.

Inside Turning Radius:  the curved edge of a thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the turning radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn (see Tables 3 and 16).

Kiosk:  a small, self-standing structure used for commercial purposes. Examples include, but are not limited to, a newsstand or ticket booth.

Layer:  a range of depth of a lot within which certain elements are permitted (see Table 16).

Light Industrial:  industrial facilities that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses.

Liner Building:  a building specifically designed to mask a parking garage from a frontage.  A liner building, if less than 30 ft. deep and two (2) stories, shall be exempt from parking requirements.

Live-Work:  a dwelling unit that contains a commercial component.  A live-work unit is a fee-simple unit on its own lot with commercial component limited to the ground level.

Lodging:  premises available for daily and weekly renting of bedrooms.  The area allocated for food service shall be calculated and provided with parking according to retail use.

Lot Line:  the boundary that legally and geometrically demarcates a lot (see Tables 14F & 16).

Lot Width:  the length of the Principal Frontage line of a lot.

Main Civic Space:  the main civic space shall be within 800 ft. of the geographic center of each pedestrian shed, unless prevented by topographic conditions or pre-existing thoroughfare alignments as determined by the CRC.

Manufacturing:  premises available for the creation, assemblage, and/or repair of artifacts; and including their retail sale.

Meeting Hall:  a building available for gatherings.  It should accommodate at least one room equivalent to a minimum of 10 sq. ft. per projected dwelling unit(s) within the pedestrian shed in which the meeting hall is located.

Mixed Use:  multiple functions within the same building and/or adjacent building, or in multiple buildings within the same area by adjacency.  Mixed use is one of the principles of TND development from which many of its benefits are derived, including compactness, pedestrian activity, and parking space reduction.

Neighborhood:  a mostly residential area, often with a recognizable edge.  For the purposes of this Code, a “complete neighborhood” is further defined as consisting of one pedestrian shed (1/2 mile diameter) with a mixed-use center.

Nonconformity:  an existing function, structure, lot or site improvement that was in compliance with the zoning regulations that were applicable to it when it was established, and for which all required permits were issued, but which does not conform in whole or in part to the regulations of this Section.  Such nonconformity is legal and may continue except as regulated by this Code.

Office:  premises available for the transaction of general business but excluding retail, artisanal and manufacturing uses.

Open Parking Lot:  a parking lot on a parcel, not in conjunction with a building.  May be on the frontage and within the first and second lot layers by warrant, except for corner lots at intersections with an A-Grid, or Primary Grid.

Outbuilding:  an accessory building, usually located towards the rear of the same lot as the principal building. A backbuilding sometimes connects it to the principal building.

Overlay Zone:  a designation of special zoning concerns which impose different restrictions or requirements on an area without altering the underlying zoning.  Usually used to enhance or protect specific environmental characteristics or needs for an area.

Park:  a civic space type that is a natural preserve available for unstructured recreation (see Table 13).

Parking Structure:  a building containing two or more stories of parking.  Parking structure shall have liner buildings at the first story or higher.  Parking structures not on a primary grid are exempt and may be unlined.

Passage (PS):  a pedestrian connector passing between buildings, providing shortcuts through long blocks and connecting rear parking areas to frontages.  Passages may be roofed over.

Path (PT):  a pedestrian way traversing a park or rural area, with landscape matching the contiguous open space. Paths should connect directly with the urban sidewalk network.

Pedestrian Shed:  an area defined by the average distance that may be applied to determine the size of a neighborhood or extent of a community.  A standard pedestrian shed is 1/4 of a mile radius, or 1,320 ft.  With transit available or proposed, a long pedestrian shed has an average walking distance of a 1/2 mile, or 2,640 ft.  Pedestrian sheds are oriented towards a central destination containing one or more important intersections, meeting places, civic spaces, civic buildings, and the capacity to accommodate a T5 transect zone in the future.

Planter:  the element of the public streetscape which accommodates street trees.  Planters may be continuous or individual.

Plat:  a subdivision as it is represented as a formal document by drawing and writing, and which is presented to the Planning Commission for review and approval in accordance with the Subdivision Regulations and to the governing body for the acceptance of easements and dedications.

Primary-Secondary Grid:  Thoroughfare designations appearing on the Regulating Plan.  Buildings on the P-Grid/A-Grid are subject to all of the provisions of this Code.  Buildings on the S-Grid/B-Grid are exempt from certain provisions, allowing for warranted open parking lots, unlined parking decks, drive-through and hermetic building fronts.

Principal Building:  the main building on a lot, usually located toward the frontage (see Table 16).

Principal Frontage:  the private frontage designated to bear the address and principal entrance to the building, and the measure of minimum lot width.  See Frontage.

Private Frontage:  the privately held layer between the frontage line and the principal building façade.  The structures and landscaping within the private frontage may be held to specific standards.  The variables of private frontage are the depth of the setback and the combination of architectural elements such as fences, stoops, porches, and galleries (see Table 7).

Public Frontage:  the area between the curb of the vehicular lanes and the frontage line.  Elements of the public frontage include the type of curb, walk, planter, street tree, and streetlight (see Table 4).

Push Cart:  a small, mobile and wheeled device that is utilized for temporary commercial purposes.

RCD:  Regional Center Development.  A community type consisting of one long pedestrian shed with strong town center.  The minimum developable area of a RCD/TOD is 160 acres.

Rear Alley (RA):  a vehicular driveway located to the rear of lots providing access to service areas and parking, and containing utility easements.

Rear Lane (LA):  a vehicular driveway located to the rear of lots providing access to parking and outbuildings and containing utility easements.  Rear lanes may be paved lightly to driveway standards.  Its streetscape consists of gravel or landscaped edges, no raised curb and is drained by percolation.

Rearyard Building:  a building that occupies the full frontage line, leaving the rear of the lot as the sole yard.  This is a more urban type, as the continuous façade spatially defines the public thoroughfare.  For its residential function, this type yields a rowhouse.  For its commercial function, the rear yard can accommodate substantial parking.

Recess Line:  a line prescribed for the full width of a façade, above which there is a setback of a minimum distance, such that the height to this line, not the overall building height, effectively defines the enclosure of the enfronting public space (see Table 8).

Rescue Mission:  a facility providing personal assistance to individuals in need. Such assistance to individuals may include temporary shelter, food services provisions, counseling, instruction, medical services, and other incidental services.

Residential:  premises available for long-term human dwelling.

Residential Street (RS):  see Street

Retail:  premises available for the sale of merchandise and food service. 

Retail Frontage Line:  frontage lines designated on a community plan that require the provision of a shopfront, causing the ground level to be available for retail use.

Road (RD):  a local, rural, and suburban thoroughfare of low vehicular speed and capacity. Its public frontage consists of swales drained by percolation and walkable path or bicycle trail along one or both sides. The landscaping consists of multiple species composed in naturalistic clusters. This type is allocated to the more rural transect zones (T1-T3).

Rural Road (RR):  see Road.

Second Lot Layer:  The 20 ft. immediately following the First layer of a lot (See Table 16D).

Secondary Grid:  see Primary-Secondary Grid.

Setback:  the area of a lot measured from the lot line to a building facade or elevation.  This area must be maintained clear of permanent structures with the exception of: galleries, fences, garden walls, arcades, porches, stoops, balconies, bay windows, terraces and decks (that align with the first story level) which are permitted to encroach into the setback (see Section 4.2.1 and Table 14F).

Shared Parking:  an accounting for parking spaces that are available to more than one function.  The requirement is reduced by a factor, shown as a calculation. The shared parking ratio varies according to multiple functions in close proximity, which are unlikely to require the spaces at the same time (see Tables 11 and 12).

Shopfront:  a private frontage conventional for retail use, with substantial glazing and an awning, wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade (see Table 7).

Sideyard Building:  a building that occupies one side of the lot with a setback to the other side.

Sidewalk:  the paved layer of the public frontage dedicated exclusively to pedestrian activity.

Sign:  any identification, description, illustrations, or device, illuminated or non-illuminated, that is visible from a public right-of-way or is located on private property and visible to the public and which directs attention to a product, place, activity, person, institution, business, message or solicitation, including any permanently installed or situated merchandise, with the exception of window displays, and any letter, numeral, character, figure, emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey  information.

Specialized Building:  a building that is not subject to residential, commercial or lodging classification.  Most specialized buildings are dedicated to manufacturing and transportation, and are distorted by the trajectories of machinery.

Specialized District (SD):  Specialized District designations shall be assigned to areas that, by their intrinsic function, disposition, or configuration, cannot conform to one of the six normative transect zones or four community types specified by this Code.  Typical districts may include large parks, institutional campuses, refinery sites, airports, etc.

Standard Road: (SR):  see Road and Table 4A

Standard Street (SS):  see Street.

Story:  a habitable level within a building of no more than 14 ft. in height from finished floor to finished ceiling.  Attics and raised basements are not considered stories for the purposes of determining building height.

Streamside Corridor:  the zone within which a waterway flows, its width to be variably interpreted according to the transect zone.

Street (ST):  a local urban thoroughfare of low speed and capacity.  Its public frontage consists of raised curbs drained by inlets and sidewalks separated from the vehicular lanes by a planter and parking on both sides.  The landscaping frontage consists of raised curbs drained by inlets and sidewalks separated from the vehicular lanes by a planter and parking on both sides.  The landscaping consists of regularly placed street trees.  This type is permitted within the more urban transect zones (T4-T5).

Streetscape:  the urban element that establishes the major part of the public realm.  The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.), and the amenities of the public frontages (street trees and plantings, benches, and streetlights, etc.).

Streetscreen:  sometimes called Streetwall.  A wall built along the frontage line, or coplanar with the façade, often for the purpose of masking a parking lot from the thoroughfare.  Streetscreens shall be between 3.5 and 8 ft. in height and constructed of a material matching the adjacent building façade.  The streetscreen may be a hedge or fence.  Streetscreens shall have openings no larger than is necessary to allow automobile and pedestrian access.  In addition, all streetscreens over 4 ft. high should be 30% permeable or articulated to avoid blank walls.

Substantial Modification:  alterations to a building that will add more than 50% to the existing building size.

Terminated Vista:  a location at the axial conclusion of a thoroughfare.  A building located at a terminated vista designated on a Community Plan is required to be designed in response to the axis.

Third Lot Layer:  The back portion of a lot, immediately following the second lot layer (see Table 16D).

Third Place:  a private building that includes a space for unstructured social gathering.  Third places are usually bars, cafes, and corner stores.

Thoroughfare:  a passage for traveling that incorporates moving lanes and parking lanes within a right-of-way (see Tables 3 and 16).

TND:  Traditional Neighborhood Development.  A community type consisting of one or more pedestrian sheds plus a mixed-use center or corridor.  The minimum developable area of a TND is 80 acres.

TOD:  Transit-Oriented Development.  TOD is Regional Center Development (RCD) with transit available or proposed.

Towing Service:  Establishment which provides for the removal and temporary storage (maximum 30 days) of vehicles, but does not include disposal, permanent disassembly, salvage or accessory storage of inoperable vehicles.

Town Center:  the mixed-use center or main commercial corridor of a community.  A town center in a hamlet or small TND may consists of little more than a meeting hall, corner store, and main civic space.  A town center for RCD or TOD communities may be a substantial downtown commercial area, often connected to other town centers by transit.

Transect:  a system of ordering human habitats in a range from the most natural to the most urban.  The SmartCode is based upon transect zones which describe the physical character of place at any scale, according to the density and intensity of land use and urbanism.

Transect Zone (T-Zone):  Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, density, height, and setback requirements, other elements of the intended habitat are integrated, including those of the private lot and building and the enfronting public streetscape.  The elements are determined by their location on the transect scale.  The T-Zones are:  T1 (Natural), T2 (Rural), T3 (Sub-Urban), T4 (General Urban), T5 (Urban Center), and T6 (Urban Core) (see Table 1).  NOTE:  Montgomery, at the time of adoption of this Code, does not have sufficient density to have property zoned as T6.

Transition Line:  a horizontal line spanning the full width of a façade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony.

Type:  a form category determined by function, disposition, and configuration, including size or extent.  There are community types, street types, and civic spaces types.

Urban Neighborhood:  a TND community type within an urbanized area (see TND).

Urban Street:  see Table 3C.

Variance:  an administrative technique granting relief from the provisions of this Code.  There are two types of variances available in SmartCode:  Warrants and Exceptions (see Section 1.5).  

Warrant:  a type of variance that permits a practice that is not consistent with a specific provision of this Code, but is justified by its intent or by hardship.

SECTION 5.  This ordinance shall take effect upon its passage, approval and publication, or as otherwise provided by law.

(Mont. Ind. July 11, 2019)