ACCESSORY STRUCTURE
An object or structure constructed or installed on, above, or below the surface of a parcel, which is located on the same lot as a principal object or structure, and which is subordinate to or serves the principal object or structure, is subordinate in the area to the principal object or structure, and is customarily incidental to the principal object or structure. Among other things, "accessory structure" includes anything of a subordinate nature attached to or not attached to a principal structure, such as, satellite dishes, antennas, sheds, detached garages, decks, and carports if not attached. Except as otherwise required in this Zoning Code an "accessory structure" shall be a permitted use.
AGRICULTURAL
The use of land for the purpose of growing and harvesting crops; for raising livestock, poultry, or honeybees for personal use only; forestry, nurseries, or orchards; for the non- commercial, on-farm storage of any other similar agricultural or horticultural use. This includes the sale of produce grown on the premises.
ALLEY
(See Thoroughfare)
ALTERATION
Any change, addition, or modification in construction, or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams, or girders.
ANIMAL GROOMING
An activity where the principal business is domestic pet hygiene including washing, brushing, shearing, and nail cutting.
ANIMAL HOSPITAL
Any building or structure used for treatment and care of injured or ailing animals administered by a Doctor of Veterinary Medicine licensed to practice in the State.
ANIMAL LIVESTOCK
Animals kept or raised on farms such as cattle, horses, pigs, goats, or sheep for personal use only.
AUTOMOBILE REPAIR, PAINTING, AND BODY SHOPS
Places where the following services may be carried out: the sale of engine fuels, general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service such as body, frame, or fender straightening and repair, and overall painting, undercoating, rust protection, paint protection, and fabric protection of automobiles.
AUTOMOBILE SERVICE STATION
A place where gasoline, or any other automobile engine fuel, stored only in underground tanks, kerosene or motor oil, and lubricants or grease, for operation of motor vehicles, are retailed directly to the public on the premises, including the sale of minor accessories and the servicing of and minor repair of automobiles, not including storage of inoperable vehicles.
AUTOMOBILE WASHING FACILITIES
Area of land and/or a structure with machine or hand-operated facilities used principally for cleaning, washing, polishing, or waxing of automobiles.
BARS, TAVERNS, AND NIGHTCLUBS
Establishments primarily engaged in the retail sale of drinks, such as beer, ale, wine, liquor, and other alcoholic beverages for consumption on the premises. The sale of food may also be a part of the operation.
BASEMENT
A story all or partly underground, but having at least one-half of its height below the average level of the adjoining ground. (See "Story") (See Illustration, Exhibit "C" following this Section.)
BED AND BREAKFAST INNS
A residential, single-family dwelling or portion thereof, which is owner-occupied, that has as a secondary use of the structure, one to five guestrooms for rent. Guests shall not stay longer than 14 consecutive days. Breakfast shall be the only meal served and the kitchen shall not be remodeled into a commercial kitchen. The facility shall be located in an existing structure and a structure cannot be built for this purpose. The operator of the Inn shall live on the premises.
BEGINNING OF CONSTRUCTION
"Beginning of Construction" means the utilization of labor, equipment, and materials for the purpose of erecting or altering a structure.
BLOCK
Property abutting one side of a street and lying between the two nearest intersecting streets, crossing or terminating, or between the nearest street and railroad right-of-way, un-subdivided acreage, waterway, or between any of the foregoing and any other barrier to the continuity of development or corporate lines of the Municipality.
BOARD OF ZONING APPEALS (BZA)
Municipality of Germantown Board of Zoning Appeals; hereinafter refer to as "BZA".
BOARDING OR LODGING HOUSES
A building other than a hotel, not exceeding ten sleeping rooms, where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided.
BUILDING
A building is a structure, designed, intended, or used for shelter, enclosure, or protection of persons, animals, chattels, or property.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof surface.
BUILDING LINE
(See Setback Line)
BUILDING; PRINCIPAL
A building in which conducted is the main or principal use of the lot on which such building is situated. Where a substantial part of the wall of an accessory building is a part of the wall of the principal building, or where an accessory building is attached to the main building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the principal building.
BUILDING SERVICES AND SUPPLIES
Building supplies and services facilities, including facilities for plumbing and heating equipment, sheet metal shops, and similar uses.
BUSINESS, PROFESSIONAL, AND ADMINISTRATIVE OFFICES
Uses that include, but are not limited to, corporate offices; insurance; real estate; law; engineering; architecture; management and consulting; accounting; bookkeeping and investment; data processing services; advertising, commercial art and public relations; news syndicates; travel agencies; personnel and employment services; and detective and protective services.
CAR WASH
(See Automobile Washing Facilities)
CARRY-OUT
A place of business where food and beverages are purchased for consumption on or off the premises. These can include photo kiosks and freestanding automatic teller machines.
CEMETERY
Land used or intended to be used for the disposition of deceased persons and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in
conjunction with and within the boundaries of such cemetery.
CHILD DAY CARE CENTER; COMMERCIAL OR PROFESSIONAL
Any place in which child day care is provided, with or without compensation, for eight or more children at any one time; or any place that is not the permanent residence of the licensee or administrator in which child day care is provided, with or without compensation, for at least eight children at any one time. In counting children for the purposes of this definition, any children under 6 years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted.
CLINIC
(See Medical Offices and Clinics)
COMMERCIAL ENTERTAINMENT FACILITIES
Any profit-making activity which is generally related to the entertainment field. These facilities include motion picture theaters; sports arenas; tennis, racquetball, and handball courts; health clubs; bowling alleys; and similar entertainment activities.
COMMERCIAL OUTDOOR RECREATION FACILITIES
Any outdoor profit-making activity which is generally related to the recreation field. These facilities include amusement parks, drive-in theaters, carnivals, fairgrounds, golf driving ranges, golf courses, miniature golf courses, racetracks, skating rinks, and similar outdoor activities.
COMMUNITY-ORIENTED RESIDENTIAL SOCIAL SERVICE FACILITY
A state licensed or authorized home for children or adults which is operated by the state or a political subdivision or pursuant to a license issued by or to a contract with the state or a political subdivision. Community-oriented residential social service facilities include the following categories: agency group homes for children or adults, residential homes for children or adults, or residential homes for children or adolescents 18 years of age or under, dependent or neglected, who have not been adjudged delinquent, and who for various reasons cannot reside with their natural family.
CONDITIONAL USE
A use that is permitted, but only by application to the BZA in each specific instance, and after determination by the BZA that all regulations and standards of this Zoning Code applying to the specific use in the particular location will be met, along with such additional conditions or safeguards as the BZA may prescribe in the specific case and circumstances, in order to prevent harm or injury to adjacent uses and the neighborhood, and/or in order to improve the public health, safety, convenience, order, prosperity, and general welfare.
CONDOMINIUM
A building or group of buildings in which units are individually owned, but the structure, common areas, and facilities are owned on a proportional, undivided basis by all of the owners.
CONSTRUCTION TRADE FACILITY
These activities include heavy construction, building, electrical, heating and air conditioning, masonry, plumbing, painting and wallpapering, roofing, glazing, but do not include salvage materials or debris.
CONVENIENCE STORE
Retail stores that cater to the motoring public where the sale of food items such as hot or cold drinks, prepackaged foods and tobacco, roadmaps, magazines and other publications; automotive maintenance items such as brake fluid, oil, polishes, anti-freeze, and similar products; and other retail items that may be readily purchased. A convenience store may also sell gasoline. This does not include drive-in or drive-through windows.
CORNER LOT
(See Lot)
DAY CARE CENTER
(See Child Day Care Center)
DEVELOPMENT PLAN
(See Joint Economic Development Plan)
DISTRICT
A portion of the incorporated area of the Municipality within which certain regulations and requirements or various combinations thereof apply under the provisions of this Zoning Code.
(Ord. 00-30. Passed 6-5-00.)
DRIVE-IN
An establishment which by design, physical facilities, service and packaging procedures, encourages or promotes customers to receive services, obtain goods or be entertained while remaining in their motor vehicles and which is attached to or associated with a building or structure on the same premises and which is devoted to the same general purpose as the building or structure on the same premises.
(Ord. 16-01. Passed 2-1-16.)
DWELLING
Any building or structure which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.
DWELLING; MULTI-FAMILY
A dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls.
DWELLING; SINGLE-FAMILY
A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
DWELLING; TWO-FAMILY
A dwelling consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
DWELLING UNIT
A building, or a portion thereof, designed for occupancy of one family for residential purposes and having living, cooking, sleeping, and sanitation facilities.
EASEMENT
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
EDUCATIONAL INSTITUTIONS, ELEMENTARY, JUNIOR HIGH, AND HIGH SCHOOLS
Public, private, and/or religious schools including grades K through 12.
ELDERLY HOUSING FACILITIES
Residential developments specially designed to house retired and elderly persons and which may include a mixture of living options including apartments, group quarters, and nursing care facilities.
ERECTED
Includes the terms built or constructed, altered, or reconstructed. "Erected" also includes moving of a building or structure onto a lot or any physical operations on the premises which are required for construction. Excavation, fill drainage, and the like shall be considered an operation of erection.
FACTORY-BUILT HOUSING
A factory-built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. For the purposes of this Zoning Code, "factory-built housing" shall include the following:
(a) Manufactured Home - Any vehicle not self-propelled transportable in one or more sections which, in the traveling mode, is 8 feet or more in width or 40 feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and which bears a label certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards. Manufactured Home is sometimes referred to as a Mobile Home.
(b) Modular Home - Factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards as site-built homes, including permanent foundations.
FAMILY
A person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a boarding or lodging house, or a hotel, provided, however, that "family" shall not include more than four persons unrelated to each other by blood, marriage, or legal adoption.
FENCE
Any structure, other than part of a building, of sufficient strength and dimension to prevent straying from within or intrusion from without.
FINANCIAL ESTABLISHMENTS
These facilities include banks, savings and loan associations, credit unions, finance companies, loan offices, and safe deposit companies.
FLOOR AREA OF A NON-RESIDENTIAL BUILDING
(To be Used in Calculating Parking Requirements) The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms, and similar areas.
FLOOR AREA OF A RESIDENTIAL BUILDING
The sum of the gross horizontal area of all floors of a residential building, excluding garages, basement floor areas, roofed porches, and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FRONT LOT LINE
(See Lot)
FRONT YARD
(See Yard)
FUNERAL HOME
A building or part thereof used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related funeral supplies; and the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel and residency shall also be permitted.
GARAGE; PRIVATE
An accessory building or portion of a main building designed or used solely for the storage of motor driven vehicles, boats, and similar vehicles owned or used by the occupants of the building to which it is an accessory.
GAS STATION
(See Automobile Service Station)
GENERAL MERCHANDISE STORES
These facilities include department, variety, discount, home furnishing, grocery, retail sales, and drug stores.
HEAVY EQUIPMENT RENTAL, SALES, SERVICE, AND STORAGE
These facilities include rental, sales, service, and storage of semi-tractor trailers, agricultural equipment, and construction equipment.
HOME OCCUPATIONS
An accessory use which is an activity, profession, occupation, service, craft, or “revenue enhancing” hobby, which is clearly incidental and subordinate to the use of the premises as a dwelling, and is conducted entirely within a residence or other structure located on the property without any significant adverse effect upon the surrounding neighborhood.
(Ord. 12-22. Passed 4-16-12.)
HOTEL
A building occupied as the temporary abode of individuals who are lodged with or without meals in which there are ten or more sleeping rooms and which shall have no provision made for cooking in any individual room or apartment. A "hotel" may include a restaurant or cocktail lounge, public banquet halls, ballrooms, meeting rooms, or other commercial uses.
HOUSEHOLD ITEMS REPAIR SHOP
Repair of items normally found in the household including, but not limited to, shoes, watches, clocks, jewelry, appliances, and similar items.
INDUSTRIAL; ENCLOSED
Any industrial use conducted entirely within an enclosed building of any size for the manufacturing, fabricating, processing, heavy repair, servicing, or storing of motor vehicles, equipment, raw materials, or manufactured products provided that all such uses comply with the nuisance performance standards as set forth in Section 1129.15 Nuisance Performance Standards, of this Zoning Code.
INDUSTRIAL; OPEN
Any industrial use which requires both building and open area for the manufacturing, fabricating, processing, heavy repair, servicing or storing of motor vehicles, equipment, raw materials, or manufactured products provided that all such uses comply with the nuisance performance standards as set forth in Section 1129.15 Nuisance Performance Standards, of this Zoning Code.
JOINT ECONOMIC DEVELOPMENT PLAN
A plan, which may consist of several maps, data, policies, and other descriptive matter, for the physical development of the Municipality which has been adopted by the Municipality to indicate the general location for proposed physical facilities including housing, industrial, and business uses, major streets, parks, schools, public sites, and other similar information.
JUNK YARD OR SALVAGE YARD
An open area where waste, used or second-hand materials are bought and sold, exchanged, stored, baled, packaged, disassembled, or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk yard" includes automobile wrecking yards and includes any area of more than 200 square feet for storage, keeping, or abandonment of junk, but does not include uses established entirely within enclosed buildings. Two or more inoperative or unlicensed vehicles shall be construed to be a "junk yard". (Not permitted in the Municipality)
KENNELS
Any lot or premises used for the sale, boarding, or breeding of dogs, cats, or other household pets. Any lot or premises keeping three or more of an individual type of household pet shall also be considered a kennel.
(Ord. 05-40. Passed 6-20-05.)
LANDSCAPING BUSINESS
A landscaping business offers products and services to clients that involve planting and caring for trees, shrubs, flowers, ground covers, and grass. Also offers design and implementation services for sidewalks, walkways, decks, retaining walls, patios, lighting and other external design elements outside of a building, provided that:
(a) The property has at least five (5) acres.
(b) All materials, vehicles, machinery, business activity, and other items pertaining to the landscaping business are kept to the rear of the primary residence and at least twenty-five (25) feet from the property line.
(c) All structures used for the storage of landscaping materials must be at least fifty (50) feet from any property line.
(d) All mulch or landscaping material piles must be kept at least three hundred (300) feet from the adjacent primary residence and at least fifty (50) feet from the property line. (Ord. 13-68. Passed 12-2-13.)
LIBRARIES
A public or private repository for literary and artistic materials, such as books, periodicals, newspapers, pamphlets, and prints, kept for reading or reference.
LOADING SPACE
A loading space is an off-street space on the same lot with a building or group of buildings, used for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOT
For the purposes of this Zoning Code, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(a) A single lot of record.
(b) A portion of lot of record.
(c) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
LOT COVERAGE
The percentage of a lot which, when viewed directly from above, would be covered by a structure or structures including swimming pools/ponds, accessory structures or any part
thereof, excluding projecting roof eaves.
LOT LINE
(See Illustration, Exhibit "B" following this Section.)
(a) Front - A street right-of-way line forming the boundary of a lot.
(b) Rear - The lot line that is most distant from, and is, or is most parallel with, the front lot line. If a rear lot line is less than 15 feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front lot line.
(c) Side - A lot line which is neither a front lot line nor a rear lot line.
LOT MEASUREMENTS
A lot shall be measured as follows:
(a) Depth - The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(b) Width - The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the front building setback line.
LOT; MINIMUM AREA OF
The total horizontal area within the lot lines of a lot which is computed exclusive of any portion of the right-of-way of any public or private street.
LOT OF RECORD
A lot which is part of a subdivision recorded in the office of the Montgomery County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES
Terminology used in this Zoning Code with reference to corner lots, interior lots, and through lots is as follows:
(a) Corner Lot - A lot located at the intersection of two or more streets. (See Illustration, Exhibit "A" following this Section).
(b) Interior Lot - A lot with only one front yard on a street. (See Illustration, Exhibit "A" following this Section).
(c) Through Lot - A lot other than a corner lot with a front yard on more than one street. Through lots abutting two streets may be referred to as double frontage lots. (See Illustration, Exhibit "A" following this Section).
LUMBER YARDS AND BUILDING MATERIALS SALE AND STORAGE
Buildings or premises used for the storage and sale of lumber and building materials.
MEDICAL OFFICES AND CLINICS
Offices of physicians, dentists, and other health practitioners and medical and dental laboratories. Establishments primarily engaged in outpatient care with permanent facilities and with medical staff to provide diagnosis and/or treatment for patients who are ambulatory and do not require in-patient care.
MINI-WAREHOUSE
(See Self-Service Storage Facility)
MOBILE HOME
(See Factory-Built Housing, Manufactured Home)
MOBILE HOME COURT
Any plot of ground upon which two or more trailer coaches or mobile homes occupied for dwelling or sleeping purposes may be located. Only permitted within a Planned Unit
Development.
MOTEL
(See Hotel)
MULTI-FAMILY DWELLING
(See Dwelling)
MUNICIPAL MANAGER
A person appointed by Council pursuant to Article IV of the Charter of the Municipality of Germantown to handle the administration of the Municipality. The Municipal Manager may appoint an authorized representative to administer these Regulations.
NIGHTCLUB
(See Bars, Taverns, and Nightclubs)
NONCONFORMITIES
Lots, uses of land, structures, and uses of structures and land in combination lawfully existing at the time of enactment of this Zoning Code or its amendments which do not conform to the regulations of the district or zone in which they are situated, and are therefore incompatible.
NURSERIES AND GARDEN SUPPLIES STORES
A space, including accessory building or structure, for the growing and storage of live trees, shrubs, or plant materials offered for retail sale on the premises, including products used for gardening or landscaping.
NURSING HOME
An establishment which specializes in providing necessary health and related services to those unable to care for themselves.
OFF-STREET PARKING
The provision of parking facilities for a specified use, to be provided on the same lot or lots as the use they are intended to serve, and not on any public street or public right-of-way.
OPEN SPACE
That part of a lot, including courts or yards, which is open and unobstructed by structures from its lowest level to the sky, accessible to all tenants upon the lot.
PARKING LOT
An area providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than five vehicles.
PARKING SPACE; OFF-STREET
For the purpose of this Zoning Code, an off-street parking space shall consist of an area adequate for parking a passenger vehicle with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
PERSONAL SERVICES
Services of a personal nature including, beauty and barber shops; individual laundry and drycleaning establishments; laundromats; photo studios and photofinishing; tailoring; clothing rental; and other services performed for persons or their apparel.
PET SHOPS
Any building or structure used for the sale, other than casual sale, of domestic pets and pet supplies.
PLACES OF WORSHIP
Establishments of recognized religious organizations operated for worship or for promotion of religious activities.
PLANNED UNIT DEVELOPMENT (PUD)
Land under unified control, planned and developed as a whole according to comprehensive and detailed plans, including streets, utilities, lots, or building sites, site plans, and design principles for all buildings intended to be located, constructed, used, and related to each other, and for other uses and improvements on the land as related to buildings. Development may be a single operation or a definitely programmed series of development operations including all lands and buildings, with a program for provision, operation, and maintenance of the areas, improvements, and facilities necessary for common use by the occupants of the development. (See Chapter 1135 Planned Unit Developments.)
PLANNING COMMISSION
The Municipality of Germantown Planning Commission as established by Section 7.08 of the Charter for the Municipality of Germantown.
POOL; SWIMMING
(See Swimming Pool)
PREEXISTING USE
An existing use of the type listed as a special use in the zoning district that was lawfully established on the effective date of this Zoning Code.
PRINCIPAL USE
The primary or predominant use of any land or improvement on it.
PRIVATE CLUBS
An association organized and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals, and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all applicable federal, state, county, and local laws.
PRIVATE SCHOOLS
Private schools, including but not limited to, business or commercial schools, dance or music academies, kindergarten, nursery, play, and special schools other than educational facilities.
PROFESSIONAL OFFICES
(See Business, Professional, and Administrative Offices)
PUBLIC OFFICES AND PUBLIC BUILDINGS
Establishments for local, county, regional, state, or federal government agencies.
PUBLIC RECREATION FACILITIES
Parks, playgrounds, golf courses, sports arenas, gymnasiums, community centers, swimming pools, skating rinks, tennis, racquetball and handball courts, senior citizen and youth centers, arboretums, hiking and jogging trails, ice skating rinks, nature areas, picnic areas, tot lots, and arid wildlife sanctuaries, but not including commercial recreation and entertainment facilities listed elsewhere in this Zoning Code.
REAR LOT LINE
(See Lot Line)
REAR YARD
(See Yard)
RECONSTRUCTED
Any change, addition, or modification in construction, or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams, or girders; the consummated act of which may be referred to herein as "altered".
RECREATION VEHICLE
Includes travel trailers, campers, camp car, truck campers, boats, and boat trailers.
RESTAURANT; FAST FOOD
An establishment whose principal business is the sale of food and/or beverages in a ready to consume state for consumption within the restaurant building, with a motor vehicle parked on the premises, or off the premises, as a carry-out order; and whose principal method of operation includes the following characteristics: food and/or beverages which are usually served in edible containers or in paper, plastic, or other disposable containers.
RESTAURANT; STANDARD
An establishment whose primary business is serving food and beverages to patrons for consumption inside the building.
RIGHT-OF-WAY
A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
SATELLITE SIGNAL RECEIVER
Dish-type Satellite Signal-Receiving Antennas, earth stations or ground stations, whether functioning as part of a basic service system, direct broadcast satellite system, or multi-point distribution service system, shall mean one, or a combination of two or more of the following:
(a) A signal-receiving device such as a dish antenna whose purpose is to receive communications or signals from earth-orbiting satellites or similar sources.
(b) A low-noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer, or transmit signals.
(c) Not including telecommunications towers.
SCREENING
The placement of landscaping or fencing on a lot in a manner to reduce any negative effects resulting from the location of two or more dissimilar uses next to one another.
SEAT
For the purpose of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each 24 lineal inches of benches, pews, or space for loose chairs.
SELF-SERVICE STORAGE FACILITY
A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customers' goods or materials.
SERVICE GARAGE
(See Automobile Repair, Painting, and Body Shops)
SERVICE STATION
(See Automobile Service Station)
SETBACK LINE
A line established by the Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no portion of any principal structure, other than accessory building, may be located except as may be provided in said Zoning Code. (See Yard)
SIDE LOT LINE
(See Lot Line)
SIDE YARD
(See Yard) (Ord. 08-53. Passed 8-18-08.)
SIDING, EXTERIOR
“Exterior siding” means material used to surface the exterior of a building to protect against exposure to the elements, prevent heat loss, and visually unify the facade.
(a) “Brick” means a fired-clay architectural product laid up in small, individual units with concrete mortar joints and with a veneer depth of at least three (3) inches.
(b) “Cement stucco” means a cement-based exterior coating system applied over metal lath with a minimum three-eighths (3/8) inch base coat plus one or more finish color coats of a durable and compatible material.
(c) “Composite board (hardboard)” or “plywood” means board made up of wood fibers and resins to form a sheet or simulated board to be used as siding.
(d) “Concrete masonry unit (cmu)” or “concrete block” means a hollow or solid masonry unit made from cementitious materials, water, and aggregates.
(e) “Exterior insulation finish systems (eifs)” means an exterior wall cladding system consisting primarily of polystyrene foam board with a textured acrylic finish that resembles plaster or stucco.
(f) “Fiber cement” means a durable building siding product (e.g. hardiboard or hardiplank), made from cellulose fiber, portland cement, ground sand, and select additives mixed with water and formed into siding panels.
(g) “Natural material siding” means wood, brick, stone and stucco siding materials, including synthetic or cultured products, cmu, eifs, and fiber cement. Natural material siding excludes composite board, vinyl and aluminum siding.
(h) “Net facade area” means the total area of elevation wall surfaces which are vertical, or within 20 degrees of a vertical orientation, minus the area of any windows and doors including garage doors contained on that elevation. In calculating the net facade area, the vertical areas of columns, chimneys, projecting bays, and roof dormers shall be included, except that individual roof dormers with a net wall area of one hundred (100) square feet or less may be excluded from the calculations.
(i) “Stone” means natural stone or a manufactured cement-based architectural product made to match the appearance of natural stone, and laid up in small, individual units with a veneer depth of at least two (2) inches.
(j) “Stucco” means a durable finish applied wet that usually consists of cement, sand, and lime.
(k) “Vinyl siding, contractor grade” means siding typically with a thickness of .042 inches or less.
(l) “Vinyl siding, higher end” means siding typically with a thickness of .044 inches or more. (Ord. 08-53. Passed 8-18-08.)
SIGN
A name, identification, description, display, or illustration which is affixed, painted, or represented, directly or indirectly, upon a building structure, parcel, or lot and which directs attention to an object, product, place, activity, person, institution, organization, or business. (See Chapter 1139 Signage.)
SINGLE-FAMILY DWELLING
(See Dwelling)
STORY
That part of a building between the surface of a floor and the ceiling immediately above. (See Basement). (See Illustration, Exhibit "C" following this Section.)
STREET
(See Thoroughfare)
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls or the roof.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
SWIMMING POOL
A structure constructed or placed below ground or above ground, which contains water in excess of 30 inches in depth and is suitable or utilized for swimming or wading.
TAVERN
(See Bars, Taverns, and Nightclubs)
TEMPORARY USE OF BUILDING
The temporary use of land or a building permitted by the Municipal Manager during periods of construction, or for special events. (See Section 1129.12 Temporary Uses.)
THOROUGHFARE
The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
(a) Alley - A right-of-way used primarily for vehicular service access to the back or side of properties abutting on another street.
(b) Arterial Street - A general term denoting a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
(c) Collector Street - A thoroughfare, whether a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
(d) Cul-de-sac - A local street with one end open to traffic and the other end terminating in a vehicular turnaround.
THROUGH LOT
(See Lot)
TRAILER PARK
(See Mobile Home Court)
TRANSPORTATION TERMINALS
Trucking and motor-freight terminals, express and hauling establishments, rail terminals, landing strips and heliports.
TWO-FAMILY DWELLING
(See Dwelling)
USE
The purpose for which land or a building is arranged, designed, or intended, or for which land or a building is or may be occupied or maintained.
UTILITY SERVICE COMPANIES
Utility buildings, telephone exchanges, and transformer stations or uses other than general offices.
VARIANCE
A modification of the strict terms of this Zoning Code where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this Zoning Code which would result in unnecessary and undue hardship for a use variance or practical difficulty for an area variance.
VEHICLE SALES, RENTAL, AND SERVICE
The sales, service, and rental of new and used cars, trucks, trailers, motorcycles, mobile homes, recreational vehicles, snowmobiles, and boats. This does not include semi-tractor trailers, farm equipment, and construction equipment.
VISION CLEARANCE ON CORNER LOTS
A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of 3 and 12 feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavements, and the triangular space is determined by a diagonal line connecting two points measured 15 feet along each of the street property lines equidistant from the intersection of the property lines or the property lines extended, at the corner of the lot. (Refer to the Municipality of Germantown Construction Standards and Drawings)
WAREHOUSE
A building used principally for the storage of goods and materials.
YARD
An open space on the same lot with a main building, unoccupied, and unobstructed by structures from tile ground upward, except as otherwise provided in this Zoning Code. (See Illustration - Exhibit "B" following this Section.)
(a) Front Yard - An open space extending in full width of the lot, the depth of which is the minimum permitted horizontal distance between the front lot line and the nearest point of the main building. For corner lots and through lots, all sides of a lot adjacent to streets shall be considered Front Yard. (See Illustration Exhibit "B" following this Section)
(b) Rear Yard - An open space extending the full width of the lot, the depth of which is the minimum permitted horizontal distance between the rear lot line and the nearest point of the main building. (See Illustration Exhibit "B" following this Section)
(c) Side Yard - An open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building. (See Illustration Exhibit "B" following this Section)
(Ord. 00-30. Passed 6-5-2000.)
(d) Corner - In any district, the side yard of a corner lot that abuts the side street shall have the same setback requirements as the front yard. Either of the two sides of a corner lot fronting on the street may be designated the front of the lot, provided that the rear yard shall always be opposite the frontage so designated. When the principal dwelling is located with its greatest depth on the long side, the rear yard requirements may be reduced to twenty percent (20%) of the lot depth, or sixteen feet, whichever is greater.
(Ord. 01-08. Passed 4-16-2001.)
ZONE
Zone means the same as district.
ZONING PERMIT
The document issued by the Municipal Manager authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 00-30. Passed 6-5-2000.)