A Zoning Rewrite Team Green Paper

Initial ideas for discussion and testing to

create a simpler ordinance based on
sustainability and quality of place.

8787 Georgia Avenue

Silver Spring, MD 20910
301.495.4500
www.MontgomeryPlanning.org

III. Definitions

By Lois Villemaire, Project Manager

Damon Orobona
Joshua Sloan

June 1, 2009
 Contents Introduction
The definitions section of the Zoning Code
Introduction.........................................2 consists of 354 terms located in Section 59-
Problem Statement.............................3 A-2.1, within the General Article of the
regulations. A simple word search quickly
Background.........................................3
revealed that 25, or 7%, of the definitions
Rewrite Team Suggestions................4 are not used in the body of the Code. This
Summary ............................................ .5 adds length and unnecessary confusion.
Selected Resources for Definitions...6
The diagnosis of the Zoning Ordinance, as
Selected Resources 6
summarized in the “Zoning Discovery”
publication, has shown that many definitions
are outdated or unused, while others are
overlapping or conflicting.

Definitions in a complex legal document

like the Zoning Code have three purposes:

1. To simplify the text,

2. To precisely establish the meaning of
a word or term that may be subject to
differing interpretations, and
3. To translate technical terms into
usable and understandable
terminology.

This paper briefly outlines observations

related to definitions in the Code and
suggestions for improvement by using
illustrations or graphics to clarify meaning,
including new definitions that are currently
lacking, checking for legal consistency, and
ensuring that we are using clear, concise,
and contemporary terms.
 land use tables contain 13 different listings
Problem Statement for “office”.
The Montgomery County Zoning
Ordinance definitions section is
outdated and needs to be Problematic Definitions
comprehensively reviewed to Some terms are simply misused. For
provide a strong foundation for the example, there is a definition for “legitimate
Code. A concise and systematic theater”. The intention is to differentiate
solution will address the following live theater from a motion picture theater,
issues. i.e., “legitimate theater” is meant to refer to
any live performance theater. But
1. Many current definitions do “legitimate theater” already has a specific
not correspond to terms used meaning: theater that does not include
in the Code. anything other than speech or natural
2. Many defined terms and movement. Operas and musicals, for
explanations are antiquated. example, are not legitimate theater. Our
3. There is a lack of definition should be changed to “theater, live
contemporary terminology performance”.
for emerging uses and
technologies. Another set of problematic terms is
“family”, “parent”, and “child”. The current
Background definition of “family” includes people
Over time, the Zoning Ordinance has related by marriage or blood, or up to five
evolved from 25 definitions in the unrelated people. A strict reading would
1928 Zoning Ordinance to 354 prohibit a married couple with four adopted
definitions in the current Code. children from legally occupying a single
family residence. The definition of “parent”
Understandably, as the Code grew, and “child” mentions both “legitimate” and
more terms and definitions were “illegitimate” children – are these terms still
needed to address and clarify the used and is the distinction necessary?
text. Over the years, however, when
text was changed or removed, Definitions that are not found in the body of
unused definitions remained in the the Code:
Code.
1. Automobile garage, group
A review of the Code’s definitions 2. Automobile garage, private
has found that overlapping and 3. Automobile garage, public
contradictory terms and definitions 4. Automobile sales lot
contribute to the difficulty of 5. Camper (as defined)
implementing the Code. For
instance, the “office, general” 6. Camper unit
definition includes both professional 7. Community sewerage system
and general business offices, but the 8. Community water supply system
9. Court height

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 10. Dairy farm causes confusion and the need for
11. Enclosed porch interpretations.
12. Foster home 4. Definitions should be relevant,
current, and simple.
13. Ground area of a building
5. Use illustrations or graphics to
14. Lot, depth of clarify a term.
15. Marquee 6. Use computer and web-based
16. Metrostation policy area technology to enhance the electronic
17. Newspaper, village version of the Code, such as a
18. Pre-development grade hyperlink to the definition each time
19. Residential mobile home a defined term appears.
option area
A few of these conclusions are discussed in
20. Roof line more detail below.
21. sanatorium
22. Sending area Definitions should not include Standards.
23. Sewage treatment plant
24. Street width The most important conclusion is that
25. Unenclosed porch definitions should not contain controlling
regulations or development standards. For
example, our Code, as well as many other
Rewrite Team Suggestions zoning codes, attempt to define home
occupations in terms of standards under
After a diagnosis of the existing state which the home occupation can be
of our definitions section and established. We suggest defining it as a
research into the practices of several business activity that is carried out on the
other jurisdictions, the zoning same site as a dwelling unit and which is
rewrite team has come to several accessory to the household living use on the
conclusions: site. Within the Code, a set of regulations
may limit the number of employees, type of
1. Only define a term if it is business, proportion of the home used for
used in the Code; add new business, limitations on noise, and so on.
definitions that are needed. These regulations should not be part of the
2. Definitions should not definition.
include standards. This tends
to bury or hide regulations Definitions and Illustrations
because most users look to
the substantive provisions to Certain definitions can be clarified with
find the information illustrations or graphics. Examples include:
pertaining to a use. • Basement
3. There should be consistency
• Cellar
of terms. At times, differing
terms are used • Court; Court, inner; Court, outer
interchangeably, which • Dwelling unit – an illustration of all
the types, such as detached, attached,

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 semidetached, townhouse, 7. While the term "priority funding
multiple-family, etc. area" is not currently used in the
• Height of building ordinance, it may be useful to the
• A diagram showing front, new one. It is an officially
side, and rear lot lines and designated "smart growth" area
required building setback where local governments are allowed
lines to use state funding
• Story, half
Consistency in terminology
• Yard – front, rear, side
There should be consistency in the use of
terminology and definitions throughout the
Illustrations and examples of Code. At times, differing terms are used
defined land uses clarify the meaning interchangeably. For example, currently
of a term and offer bases for land use tables reference churches, places of
deciphering the intent. worship, and places of religious worship.
Why not use one term, ’religious
institutions’, as it appears in the Religious
Land Use and Institutionalized Persons Act
(RLUIPA)?

Summary

Definitions are important because they

clarify the meaning of particular terms or
phrases that do not otherwise have a
commonly understood meaning. They also
serve to abbreviate text by collapsing long
lists into single terms. Instead of listing
every possible type of store, (such as
jewelry, book, clothing, variety, or gift), a
definition like ‘retail sales’ could be
introduced which describes businesses
involved in the sale, lease, or rent of new or
Examples of new terms to be defined used products or merchandise to the general
public.
1. Small wind turbine (energy
system) In the rewrite process, legal and technical
2. Live/work unit review is needed to ensure the legality of
3. Adjoining and confronting terms and their technical correctness.
properties
4. Driveway
5. Density calculation
6. Parking garage/structure

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Selected Resources for
Definitions

Texts:

Elliott, Donald, A Better Way to

Zone, Washington DC, Island
Press, 2008.
Moskowitz, Harvey S. & Carl G.
Lindbloom The Latest Illustrated
Book of Development Definitions
Rutgers, The State of New Jersey,
2004.

Jurisdictions Researched:
City of Portland, Oregon
City of Sarasota, Florida
Burlington, Vermont
New York City, New York
Chicago, Illinois