(6)   All accessory structures shall be placed in the required rear yard with the exception of fences provided said fence is in compliance with Section 1129.09(b). (Ord. 12-34. Passed 7-2-12.)

      (4)   Screening for purposes of absorbing or deflecting noise shall have a depth of at least 15 feet of dense planting or a solid masonry wall in combination with decorative plantings. The height shall be adequate to absorb noise as determined by Municipal Manager in relation to the nature of the use.

      (5)   Whenever required screening is adjacent to parking areas or driveways, such screening shall be protected by bumper blocks, posts, or curbing to avoid damage by vehicles.

      (6)   All screening shall be trimmed, maintained in good condition, and free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

      (7)   The installation of the buffer and transition area must not interfere with existing storm water drainage flow patterns or utilities which may be located within easement areas, unless suitable measures are undertaken to alleviate problems that might be caused by the installation of the buffer.

      (8)   The buffer must commence on the lot line between the subject properties, unless precluded by insurmountable problems posed by the location of utilities or easements, on the property which is subject to development. If insurmountable conditions prohibit the commencement of the buffer and transition area on the property line, the commencement shall occur in an area as close as possible to the common lot line. The Municipal Manager may permit the installation of the obscuring wall on the opposite side of an alley, street, or right-of-way when mutually agreeable to the affected property owners.

      (1)   Only members of the family residing on the premises shall be engaged in a home occupation, with the exception that the family operating the home occupation shall be allowed to have no more than one employee engaged in providing the home occupation services.

      (2)   The use of the dwelling unit or other incidental structures used for the purpose of engaging in the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation. In the case of the use of accessory structures, there shall be no limitation on the percentage of the floor area which may be used therein in the conduct of the home occupation.

      (3)   There shall be no exterior visible evidence of the conduct of a home occupation.

      (4)   No traffic shall be generated by a home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Zoning Ordinance and shall not be located in a required front yard.

      (5)   No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment may be used which causes fluctuations in line voltage off the premises, nor shall the electrical interference create any visible or audible interference in radio or television receivers.

      (6)   The residential character of the dwelling exterior shall not be changed.

      (7)   No offensive noise, vibrations, smoke, or other particulate matter, odorous matter, heat, humidity, glare or other objectionable affect within shall be produced therein or therefrom.

      (8)   No merchandise shall be sold or processed except that which is produced or incidental to the services rendered on the premises.

      (9)   All owners of home occupations shall register for Municipal Income Tax.

      (10)   All home occupations shall require a Conditional Use Permit.

      (11)   Upon receipt of the application for a Conditional Use Permit as required in subsection (c)(10) hereof, the Manager shall provide written notice to all parties who either own or reside in any property which is within 200 feet of the property which is the subject of the Home Occupation/Conditional Use Permit application. This written notification shall notify the recipient that he/she has 14 days from the date of the mailing of the notification in order to contact the Manager with any objections that he/she may have concerning the granting of the requested Conditional Use Permit. If no objections are received by the Manager, and if the Conditional Use Permit meets all other requirements, then the Conditional Use Permit shall be granted. If, however, the Manager receives objection(s) to the granting of the Conditional Use Permit then the Manager shall place the matter on the agenda for a public hearing with the Board of Zoning Appeals, but in no event shall said public hearing be held after 45 days subsequent to the receipt of the application for a Conditional Use Permit. Whether the Conditional Use Permit application is approved by either the Manager or the Board of Zoning Appeals, either the Manager or the Board of Zoning Appeals may, at their discretion, impose restrictions as they deem appropriate.

      (12)   Any violation of Section 1129.14 of the Codified Ordinances of the Municipality of Germantown shall result in an immediate revocation of the Conditional Use Permit. In the event that a Conditional Use Permit previously issued is revoked, such revocation may be without hearing. In the event that the Conditional Use Permit is revoked without hearing, the holder of the Conditional Use Permit shall be entitled to a hearing and said hearing must be requested by the holder of the Conditional Use Permit within five (5) days of the revocation of same without hearing. In the event that the holder of the Conditional Use Permit requests a hearing on the revocation of the Conditional Use Permit, said hearing shall be held within ten (10) days of the date that said request for hearing is made. Said hearing shall be held before the Board of Zoning Appeals and the Board of Zoning Appeals shall, within thirty (30) days after the hearing, either make a finding in support of the revocation of the Conditional Use Permit, make a finding against the revocation of the Conditional Use Permit, or place additional conditions on the use of the property but not revoke the Conditional Use Permit.

      (1)   Permitted exterior materials: brick, stone, cement, stucco, durable wood product recognized by the National Association of Home Builders or Home Building Industry, cultured stone, drivit or higher end vinyl siding with a minimum thickness of .044 inches or more with 7/16 OSB backing. All vinyl siding shall be installed under the direction of a Vinyl Siding Institute Certified Installer.

      (2)   Prohibited exterior materials: Composite board (hardboard or plywood), concrete masonry units or concrete blocks, and contractor grade vinyl siding with a thickness of less than .044 inches.

         (Ord. 08-43. Passed 8-18-08.)

      (1)   “Adult bookstore, adult novelty store, or adult video store” means an establishment, from which minors are excluded, having as a substantial or significant portion of its stock for trade, sale, or rental of the following:

         A.   Books, magazines, other periodicals or printed material, photograph films, motion pictures, films, video cassettes, slides, computer media, or other visual representations which are characterized by depiction or description of "specified sexual activities" or "specified anatomical areas", which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas".

         B.   Instruments, devices, or paraphernalia which is designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

         C.   An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult book store, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas".

      (2)   “Adult cabaret” means a nightclub, bar, restaurant, "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which features:

         A.   Persons who appear nude or in a state of nudity or semi-nudity;

         B.   Live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas"; or

         C.   Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

      (3)   “Adult drive-in theater” means a drive-in theater for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", for observation by patrons.

      (4)   “Adult entertainment” means performances by topless and/or bottomless dancers, strippers or similar entertainers, where such performances are characterized by the display or exposure of specified anatomical areas or specified sexual activities.

      (5)   “Adult entertainment facilities” means any of the following uses: adult bookstores, adult novelty stores, adult video stores, adult drive-in theaters, adult photography studios, adult cabarets, massage establishments, finger painting studios, adult motels, adult motion picture theaters, or any other similar personal service or entertainment facilities which emphasize nudity and/or sexual activities as an entertainment medium.

      (6)   “Adult motel” means a motel, hotel, or similar commercial establishment which:

         A.   Offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertise the availability of this sexually-oriented type of material by means of a sign visible from a public right-of-way, or by means of any off- premises advertising including but not limited to, newspapers, magazines, pamphlets, or leaflets, radios, or televisions; or

         B.   Offers a sleeping room for rent for a period of less than ten hours; or

         C.   Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.

      (7)   Adult mini-motion picture theater means an enclosed building with a capacity of less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

      (8)   Adult motion picture theater means an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

      (9)   Mainstream performance house means a theater, concert hall, auditorium, or similar establishment, which regularly features movies or live performances such as plays or concerts which are not distinguished or characterized by an emphasis on the depiction, description, or display or the featuring of "specified anatomical areas" or "specified sexual activities" and where such depiction, if any, is only incidental to the primary purpose of any performance.

      (10)   Nude model studio means a place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn; painted, sculptured, photographed, or similarly depicted by other persons.

      (11)   Nude or state of nudity means the showing, representation, or depiction of human male or female genitals, bare buttocks, anus, or the areola or nipple of the female breast with less than full, opaque covering of any portion thereof below the top of the nipple or of uncovered male genitals in a discernibly turgid state.

      (12)   Semi-nude means a state of dress in which the clothing covers no more than the genitals, pubic region and the areola of the female breast, as well as portions of the body covered by supporting straps or devices.

      (13)   Specified anatomical area means less than completely and opaquely covered human genitals, pubic region, buttocks, or the areola or nipple of the female breast; human male genitals in a discernibly turgid state even if completely and opaquely covered.

      (14)   Specified sexual activities means human genitals in a state of sexual stimulation or arousal; acts, real or simulated, of human fondling, sexual intercourse, sodomy, cunnilingus, or fellatio; fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.

      (1)   No adult entertainment facility shall be established within 500 feet of any area zoned for residential use.

      (2)   No adult entertainment facility shall be established within a radius of 1,000 feet of any school, library, or teaching facility, whether public or private, governmental or commercial, which includes schools, libraries, or teaching facilities if attended by persons under 18 years of age.

      (3)   No adult entertainment facility shall be established within a radius of 1,000 feet of any park, recreational facility, or camp attended by persons under 18 years of age.

      (4)   No adult entertainment facility shall be established within a radius of 500 feet of any other adult entertainment facility or within a radius of 500 feet of any two of the following establishments (or of any one establishment which combines to any degree any two of the following activities), whether within this Municipality or any other political subdivision:

         A.   Establishments for the sale of beer or intoxicating liquor for consumption on the premises.

         B.   Pawn shops.

         C.   Pool or billiard halls.

         D.   Pinball palaces, halls, or arcades.

         E.   Dance halls or discotheques.

      (5)   No adult entertainment facility shall be established within a radius of 1,000 feet of any church, synagogue, or permanently established place of religious services which is attended by persons under 18 years of age.

      (6)   All building openings, entries, windows, etc., for adult uses shall be located, covered, or surfaced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk, or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.

      (7)   In granting any such conditional use, the BZA may prescribe any conditions that it deems necessary in the public interest. However, no conditional use shall be approved by the BZA unless it finds that the use for which such approval is sought, is not likely to be dangerous or detrimental to nearby properties, that the use will not be contrary to any program of conservation, or improvement, either residential or nonresidential, or be contrary to the public safety, and general welfare of the Municipality.

      (8)   The measure of distances for purposes of this Section shall be from property line to property line along the shortest possible course, regardless of any customary or common route or path of travel, i.e., "as the crow flies".

      (9)   Nothing contained in this Code shall apply to the premises of any mainstream performance house or museum.

      (10)   Any establishment offering live dancing performances shall adhere to the following regulations:

         A.   The dancing performances shall be confined to a clearly defined stage or platform area that is elevated at least two feet above the normal floor elevation of the establishment.

         B.   There shall be a clearly defined and delineated three-foot "buffer" area or space between the aforesaid stage or platform and any area of the establishment in which customers are customarily seated and/or served.

         C.   Said "buffer" zone shall be clearly and permanently delineated by rail, rope, enclosure, or other similar means.

         D.   All dancing or entertainment shall be confined to the stage or platform area as defined herein.

         E.   At no time during the performance shall the patrons or the entertainers be permitted to encroach on the aforedescribed "buffer" zone.

         F.   The entertainers and patrons are prohibited from commingling with or touching one another while the entertainers are on stage or platform.

      (1)   A minimum of six off-street waiting spaces shall be provided for every bay of a self-service washing facility, and a minimum of ten off-street waiting spaces shall be provided for every bay with automatic or assembly-line type washing facilities. Waiting spaces shall not block or otherwise interfere with site circulation patterns.

      (2)   A minimum of two parking spaces shall be provided at the exit end of each washing bay for drying and hand finishing of vehicles.

      (3)   One parking space for each regular employee of the premises with a minimum of two employee parking spaces for the site.

      (1)   To direct the location of various types of towers and wireless telecommunications facilities into appropriate areas of the Municipality.

      (2)   To protect residential areas and land uses from potential adverse impacts of towers and wireless telecommunications facilities.

      (3)   To minimize adverse visual impacts of towers and wireless telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques.

      (4)   To promote and encourage shared use/co-location of towers and antenna support structures as a primary option rather than construction of additional single-use towers.

      (5)   To avoid potential damage to adjacent properties caused by towers and wireless telecommunications facilities by ensuring such structures are soundly designed, constructed, and modified; are appropriately maintained; and are fully removed.

      (6)   To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are compatible with surrounding land uses.

      (7)   To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are designed in harmony with natural settings and in a manner consistent with current development patterns.

      (1)   “Antenna” means any panel, whip, dish, or other apparatus designed for communications through the sending and/or receiving of electromagnetic waves, excluding any support structure other than brackets.

      (2)   “Antenna support structure” means any building or other structure other than a tower which can be used for location of wireless telecommunications facilities.

      (3)   “Co-location” means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.

      (4)   “Emergency” means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.

      (5)   “Equipment shelter” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

      (6)   “FAA” means the Federal Aviation Administration and any legally- appointed, designated, or elected agent or successor.

      (7)   “FCC” means the Federal Communications Commission and any legally- appointed, designated, or elected agent or successor.

      (8)   “Monopole” means a support structure constructed to a single, self- supporting hollow metal tube securely anchored to a foundation.

      (9)   “Person” means any natural person, firm, partnership, association, corporation, or other legal entity, private or public, whether for profit or non-profit.

      (10)   “Tower” means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports wireless telecommunications facilities. The term “tower” shall not include amateur radio operator's equipment as licensed by the FCC.

      (11)   “Wireless telecommunications facility” means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or have installed upon a tower antenna support structure. However, the term “wireless telecommunications facilities” shall not include:

         A.   Any satellite earth station antenna 2 meters in diameter or less which is located in an area zoned Business or Industrial.

         B.   Any satellite earth station antenna 1 meter or less in diameter, regardless of zoning category.

         C.   Antennas used by amateur radio operators.

         A.   Tower

         A.   Tower. No wireless telecommunications tower is permitted as an accessory structure within a residential district without conditional use approval under the guidelines of this Section.

         B.   Antenna. An antenna for a wireless telecommunications facility may be attached to an existing residential building four or more stories in height or to an existing nonresidential structure subject to the following conditions:

         A.   Tower. A wireless telecommunications tower may be an accessory structure to a public or institutional use within a residential zoning district, provided the BZA finds the following standards have been met:

         B.   Antenna. The BZA may approve the location of an antenna extending more than 20 feet above the roof of an existing building or structure.

         B.   Antenna. The antenna shall not be attached to a residential structure unless such structure is four or more stories in height.

         B.   Antenna. The antenna shall not be attached to a residential structure unless such structure is four or more stories in height.

         B.   Antenna. The antenna shall not be attached to a residential structure unless such structure is four or more stories in height.

         A.   The applicant agrees to allow for the potential co-location of additional wireless telecommunications facilities by other providers on the applicant's structure or within the same site location; and

         B.   The applicant agrees to remove the facility within 180 days after its use is discontinued.