1300.01.

Except where specifically defined herein, all words used in this ordinance shall carry their customary meanings.

For the purpose of interpreting this ordinance, certain words or terms used herein shall be defined or construed as set forth in this article.

1300.01-01.

Words used in the present tense include the future tense; words used in the singular number include the plural; and words used in the plural include the singular.

1300.01-02.

"Map" refers to the official zoning map of the City of Brookhaven.

1300.01-03.

The word "person" includes a firm, partnership, trust, company, association, organization, individual, co-partnership, or corporation.

1300.01-04.

The word "lot" includes the words "plot" or "parcel."

1300.01-05.

The word "building" includes the word "structure."

1300.01-06.

The word "shall" is always mandatory; the work "may" is permissive.

1300.01-07.

The word "used" or "occupied" as applied to any land or buildings shall be construed to include the words "intended," "arranged," "designed to be used," or "occupied."

1301.01.

Abandoned Vehicle: Abandoned motor vehicle is defined as one that is in a state of disrepair and/or incapable of being moved under its own power, regardless of whether or not it has a current license.

1301.02.

Accessory Building or Use: A subordinate building on the same lot or a portion of the main building, the use of which is clearly incidental to the main use of the property, including satellite receiving dishes. (See Building, Accessory.)

1301.03.

Agricultural: The raising or growing of crops, fowl, livestock, but not swine, in any A-1 zone providing such use does not constitute a nuisance or health hazard.

1301.04.

Alley: A minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

1301.05.

Apartment House or Multiple Family Dwelling: Any single detached dwelling unit designed for and occupied by three or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts or camps, hotels, motels or resort-type hotels.

1301.06.

Automobile; Junk Area or Graveyard: An open area other than a street, alley or place, used for the storing, dismantling or wrecking of used automobiles or their parts.

1301.07.

Basement: A story below the first story as hereinafter defined. (See Story.)

1301.08.

Block: A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the City Engineer shall determine the outline of the block.

1301.09.

Board: The Brookhaven Zoning Board of Adjustment.

1301.10.

Boarding House or Lodging House: A building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for four (4) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.

1301.11.

Buffer Area: An area which acts as a separation area between two or more noncompatible districts.

1301.12.

Buildable Area: That portion of a lot remaining after required yards have been provided.

1301.13.

Buildable Width: Width of the building site left after the required yards have been provided.

1301.14.

Building: Any structure intended for shelter, housing or enclosure of persons, animals or chattel.

1301.15.

Building, Accessory: (See Accessory Building.)

1301.16.

Building, Alteration of: Any change or rearrangement in the supporting members (such as bearing walls, beams, columns or girders) of a building, and addition to a building or movement of a building from one location to another.

1301.17.

Building, Front Line of: A line intersecting the foremost portion of a building and parallel and/or concentric to the street line.

1301.18.

Building Height: The vertical distance measured from the average elevation of the finished grade along the front of the building to the highest point of the roof surface.

1301.19.

Building Line or Setback Line: The distance required by this Ordinance to be maintained between a given lot line, easement or right-of-way line and any structure; front, rear or side as specified.

1301.20.

Building Main: A building in which is conducted the principal use of the lot on which it is situated.

1301.21.

Building Official: A person designated by the Mayor and Board of Aldermen who is responsible for issuing building permits, certificates of occupancy and inspections pursuant thereto and administration of the Zoning Ordinance.

1301.22.

Building Site: A single parcel of land occupied or intended to be occupied by a building or structure and appropriate accessory buildings or uses.

1301.23.

Cemetery: A tract of land, private or public, divided into plots for interment of the human dead and in compliance with applicable state statutes.

1301.24.

Certificate of Occupancy: A permit issued by the Building Official indicating that the use of land in question is in conformity with this ordinance or that there has been a legal variance therefrom, as provided by the Ordinance.

1301.25.

Child Care Center: A private establishment enrolling four or more children where tuition, fees, or other forms of compensation for the care of the children is charged. The term "Child Care Center" indicates day care nurseries, day care centers and any other facility that falls within the scope of the definition set forth herein, regardless of auspices. Exempted from this definition is any facility operating as a kindergarten, nursery school or Head Start in conjunction with an elementary and/or secondary school system, whether it be public, private or parochial, whose primary purpose is a structured school readiness program. Space requirements shall be stipulated by the Mississippi State Board of Health and Southern Standard Building Code.

1301.26.

Concealing Fence: A fence, wall, live shrubbery or other material approved by the Planning Commission which visually prevents, on a perpetually maintained basis, an area so enclosed, from being viewed from without by a maximum of 20% visibility. Any fence, wall or other material, except live shrubbery, shall be painted or colored a uniformly solid color, pastel in nature, or otherwise aesthetically pleasing, which contains no advertising sign or symbol. Any live shrubbery used shall be a hardy species [native] to the area and permanently maintained in a manner which will not create a nuisance. Any lack of maintenance of such concealing fence shall be deemed a violation of this ordinance and shall be prosecuted as prescribed herein. Any fence in the required front yard shall not be more than 30 inches in height.

1301.27.

Conforming Use: Any lawful use of a building or lot which complies with the provisions of this Ordinance.

1301.28.

Coverage: The percentage of the lot area covered by the building area.

1301.29.

District: Any zoning district established by this ordinance.

1301.30.

Dwelling: Any building, or portion thereof, which is designed or used as living quarters for one or more families.

1301.31.

Dwelling, Single-Family: A dwelling designed to be exclusively occupied by one-family.

1301.32.

Dwelling, Two-Family: A dwelling designed for occupancy by two families living independently of each other in the same structure.

1301.33.

Dwelling, Multiple Family: A dwelling designed for occupancy for three or more families living independently of each other.

1301.34.

Dwelling Unit: A room or group of rooms occupied or intended to be occupied as separate living quarters.

1301.35.

Dwelling; Zero Lot Line: A detached single-family dwelling unit which is constructed against the lot line on one side of a lot, provided, however, that there shall be no windows, doors or other openings of any kind on this side. This type of dwelling is also sometimes referred to as a court-garden house or patio house.

1301.36.

Easement: A grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes.

1301.37.

Engineer; City Engineer: A person registered as a professional engineer in the State of Mississippi and so designated by the Mayor and Board of Aldermen.

1301.38.

Family: One or more persons related by blood or marriage, including adopted children, occupying premises and living as a single nonprofit housekeeping unit.

1301.39.

Farm: Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry, or dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables, and dog kennels.

1301.40.

Flammable Liquids: Any liquid which gives off flammable vapors, as determined by the flash point from an open-cup tester as used for test of burning oils, at or below a temperature of 80 degrees Fahrenheit, is flammable.

1301.41.

Flood Plain: The relatively flat area or low lands adjoining the channel of a river, stream or watercourse or ocean, lake, or other body of standing water, which has been or may be covered by flood water.

1301.42.

Floodway: The width on either side of a stream, river or drainage course designated by the Mayor and Board of Aldermen of the City of Brookhaven as necessary to provide sufficient channel and capacity to drain storm waters flowing into it in a manner which will prevent the flood water levels to increase by more than one foot causing extensive flooding or inundation of property located adjacent to the area so designated.

1301.43.

Floor Area: The square feet of floor space within the outside line of walls and including the total of all space on all floors of a building used for dwelling purposes.

1301.44.

Frontage: All the property abutting on one (1) side of a street between two (2) intersecting streets, measured along the street line.

1301.45.

Garage Apartment: A dwelling unit erected above a private garage.

1301.46.

Garage, Mechanical: A facility used for the repair of automobiles, trucks and similar vehicular powered, hydraulic or control systems.

1301.47.

Garage, Private: An attached or detached accessory building for the storage of private passenger vehicles or recreational equipment with a capacity of not more than 3 single stalls per dwelling unit and where no repair facilities are maintained.

1301.48.

Garage, Storage: A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.

1301.49.

Gasoline, Service or Filling Station: Any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, and installation of other minor automobile accessories, and which may or may not include facilities for lubrication, washing or cleaning.

1301.50.

Governing Authority: The Mayor and Board of Aldermen of Brookhaven, Mississippi.

1301.51.

Group Housing Project: A group of one-family, two-family or multiple dwellings, arranged on land not subdivided into customary streets and lots.

1301.52.

Hobby: An accessory use carried on by the occupant of the premises in a shop, studio or other work room, purely for personal enjoyment, amusement or recreation; provided, that the articles produced or constructed in said shop, studio or work room are not sold either on or off the premises, and provided each use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes and traffic.

1301.53.

Home Occupation: A home occupation is a commercial enterprise conducted in a dwelling unit, which does not involve (1) employment of help other than members of the resident family, (2) sales of products or services not produced or provided on the premises, (3) generation of pedestrian or vehicular traffic beyond that usual in and reasonable to the district in which the dwelling unit is located, (4) use of commercial vehicles for delivery of material to or from the premises, (5) outdoor storage of materials and/or supplies, (6) use of signs other than those permitted in the district of which the dwelling is a part, (7) use of any building or space outside the main dwelling unit building, (8) use of more than one room in the dwelling, (9) any visible or audible evidence on the outside of the dwelling unit of the conduct of a home occupation within or that the structure is used otherwise than exclusively for residential dwelling purposes (either by color, materials or construction, lighting, signs, sound or noises, or vibrations), or (10) use of utilities or community facilities beyond those reasonable and customary for property used exclusively for residential purposes. The operation of beauty culture schools, beauty parlors or barber shops shall not be considered a home occupation.

1301.54.

Hotel or Motel: A building containing sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation. A hotel or motel is a business use rather than a residential use.

1301.55.

Industry: A facility for the processing of products or raw materials.

1301.56.

Industry, Heavy: Those industries whose processing operations result in the outdoor storage or processing of materials or products; those which emit any atmospheric pollution, visible light flashes, or glare, odors, noise, or vibration which may be heard or felt off the premises; or those industries which constitute a fire or explosion hazard.

1301.57.

Industry, Light: Those industries whose processing operations are conducted wholly within a building; do not emit any atmospheric pollution, visible light flashes, glare, odors, noise, or vibration which may be heard or felt off the premises; and do not constitute a fire or explosion hazard.

1301.58.

Junk: The term "junk" is defined to mean and shall include scrap iron, scrap tin, scrap brass, scrap copper, plastics, paper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition; subject to being dismantled for junk.

1301.59.

Kennel: An establishment in which more than six dogs or domesticated animals more than four months of age are housed, groomed, bred, boarded or trained for remuneration or offered for sale.

1301.60.

Kindergarten: A school other than a public school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.

1301.61.

Lot: A subdivision of a block or other parcel of land intended as a unit for the transfer of ownership or for building development or both, and which faces on a public right-of-way.

1301.62.

Lot, Area: The total area included within the front, side and rear lot line.

1301.63.

Lot, Corner: A lot located at the intersection of and abutting on two (2) or more streets.

1301.64.

Lot, Depth: The average horizontal distance between the front lot line and the rear lot line.

1301.65.

Lot, Double Frontage: A lot, other than a corner lot, which has frontage on more than one street.

1301.66.

Lot, Frontage: That dimension of a lot or portion of a lot abutting a street.

1301.67.

Lot, Interior: A lot other than a corner lots.

1301.68.

Lot Lines: The lines bounding a lot as defined herein.

1301.69.

Lot, Width: Shall mean the average lot width taken by measuring the front lot line and the rear lot line, adding these dimensions together and dividing by 2.

1301.70.

Lot of Record: A lot, the plat of which has been recorded in the office of the Chancery Clerk of Lincoln County.

1301.71.

Lot, Reverse Frontage: A lot fronting on two (2) parallel streets but with access to only one when desirable to reduce the effect of heavy traffic along highways, arterial streets, etc.

1301.72.

Medical and Dental Facilities:

(a)

Convalescent, Rest or Nursing Home: A health facility where persons are housed and furnished with medical and/or nursing care.

(b)

Dental Office or Doctor's Office: A facility for the examination and treatment of patients.

(c)

Hospital: An institution providing comprehensive health services.

(d)

Public Health Center: A facility primarily utilized by a health unit for the provisions of public health services.

1301.73.

Manufactured Housing: Shall mean a factory constructed housing unit, designed and constructed with carriage and or hitch for placement upon a permanent foundation, to be connected to all utilities in a proper and approved manner for year-round occupancy. Such housing shall conform to the rules of the Mississippi State Fire Marshal for manufacturers and sellers of factory manufactured moveable homes, the Southern Standard Building Code, and the applicable City Ordinances.

1301.74.

Mobile homes: A dwelling, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

1301.75.

Mobile home park: An area of land upon which ten or more non-transient mobile homes occupied for dwelling or sleeping purposes are located, either free of charge or for revenue purposes, or which is offered for such use. It includes any building, structure, vehicle, or enclosure used or intended to be used as part of the facilities or equipment of such mobile home park. The term "mobile home park" shall include the terms "trailer park," "trailer court," and similar terms.

1301.76.

Mobile Home Lot, Stand or Pad: The area for locating a single mobile home unit and the exclusive use of its occupant.

1301.77.

Modular Homes: A modular home is a factory fabricated dwelling over 32 feet in length and at least 24 feet wide designed and constructed without carriage or hitch collar as stationary house construction for placement upon a permanent foundation, to be permanently connected to utilities, and to be used for year-round occupancy. It may consist of two or more components that can be separated when transported but designed to be joined into one integral unit. A modular home must meet the minimum construction standards for house construction as specified in the Standard Building Code, the Federal Housing Administration Minimum Property Standards, the minimum construction standards as may from time to time be fixed by the law of the State of Mississippi, and must have a roof with at least a 3/12 pitch.

1301.78.

Nonconforming Use, Building or Yard: A use, building or yard existing legally at the time of the passage of this Ordinance which does not by reason of design, use or dimensions conform to the regulations of the district in which it is situated. A use, building or yard established after the passage of this Ordinance which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming use.

1301.79.

Nursing Home: See Medical and Dental Facilities; Convalescent.

1301.80.

Outdoor Storage: A depository or place for storing goods related to the establishment on the same premises and not located within a building.

1301.81.

Parking Space: A space located on private or public property sufficient in size to store one (1) automobile.

1301.82.

Parking Area, Public: An open area other than a street, alley or place, used for the temporary parking of more than four (4) self-propelled vehicles and available for public use whether free, for compensation or as an accommodation for clients or customers.

1301.83.

Parking Area, Semi-Public: An open area other than a street, alley or place, used for the temporary parking of more than four (4) self-propelled vehicles as an accessory use to semi-public institutions, schools, churches, hospitals and non-commercial clubs.

1301.84.

Planning Commission: Whenever the term "Planning Commission" shall be used in these regulations, the term shall mean the Planning Commission of Brookhaven, Mississippi.

1301.85.

Planned Unit Development (PUD): A land tract in which a multiplicity of land uses may be permitted including single-family residential, multi-family residential, public use and compatible commercial use, and in which land not used by residential or commercial structures and yards but required by basic zoning of the site shall be reserved collectively in contiguous units accessible to all the building sites in the development as open space for the purpose of providing recreational facilities and pedestrian circulation.

1301.86.

Plat, Preliminary: A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.

1301.87.

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

1301.88.

Premises: Means any lot or unplatted tract, or any combination of contiguous lots or unplatted tracts held under single ownership.

1301.89.

Principal Permitted Use: That use of a zoning lot which is among the uses allowed as a matter of right under the zoning classification.

1301.90.

Public Uses: Any land use operated by or through a unit or level of government, either through lease or ownership; such as municipal administration, county buildings, state offices and federal uses such as post offices and other departmental offices.

1301.91.

Quarry: A lot or parcel of land or part thereof used for the purpose of extracting stone, sand, gravel, or soil for sale.

1301.92.

Recreational vehicle: A vehicle supported by two or more wheels and propelled by its own motive power. Placement of a recreational vehicle is temporary and generally should not exceed seven days in any one location. It does not include mobile homes.

1301.93.

Rest Home: See Medical and Dental Facilities; Convalescent.

1301.94.

Right-of-Way: A grant by the property owner, usually in the form of a dedication to the public, of a strip or strips of land to be used primarily for transportation passage over the land.

1301.95.

Screening: This term refers to landscaping and/or architectural barriers which block vision.

1301.96.

Sidewalk: The portions of a street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only.

1301.97.

Signs:

(a)

Billboard: An off-premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign.

(b)

Business Sign (On Premises Sign): Signs advertising activities, products and accommodations conducted or sold on the property upon which the signs are located.

(c)

Erect: Erect shall mean to construct, build, raise, assemble, place, attach, create, paint, draw, or in any other way bring into being or establish a sign. The term "erect" shall not mean a change in the advertising message or customary maintenance and repair on a sign.

(d)

Free Standing Sign: A sign separate and apart from the main structure on the premises and stands on its own whether fixed directly to the ground or mounted on supports.

(e)

Internally Illuminated Signs: Signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source.

(f)

Mobile Sign: A sign designed to be temporary in nature and capable of being transported to various locations, and not exceeding thirty-two (32) square feet and eight (8) feet in height.

(g)

Off Premises Sign: A sign which relates in its subject matter to products, accommodations, services or activities which are available or conducted at locations other than on the premises where the sign is located.

(h)

Outdoor Advertising Sign: A sign, including the supporting sign structure, which directs the attention of the general public to a business, service, or activity not conducted, or a product not offered or sold upon the premises where such sign is located.

(i)

Political Sign: Means any type of non-premises sign which refers only to the issues or candidates involved in a political election.

(j)

Roof Sign: Any sign or outdoor advertising device attached to the roof of a building.

(k)

Sign Area: The entire width within a single, continuous perimeter enclosing the outer dimensions of the actual message area. It does not include decorative trim, customary extensions or embellishments nor any structural elements not forming an integral part of the display.

(l)

Sign: Any structure or device maintained outside of enclosed buildings for the purpose of advertising, displaying or informing, including posters, pictures, billboards, bulletin boards, banners, etc.

(m)

Sign Support: Means any pole, post, strut, cable, or other structural fixture or framework necessary to hold and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using characters in excess of one inch in height, nor is internally or decoratively illuminated.

(n)

Special Purpose Sign: Means any type of non-premises sign which refers only to the issues or candidates involved in a political election.

(o)

Wall Sign: Means a sign painted or otherwise placed flat (within 12") of a building wall surface.

(p)

Projecting Sign: A sign which is attached perpendicular or at an angle, to a building wall and extending outward more than 12" from the wall.

1301.98.

Space Satellite Receiving Systems: A structure which receives audio-visual wave frequencies from Earth orbiting communications satellites. These satellite systems shall be considered as an accessory use.

1301.99.

Special exception: A special exception is a use that would generally not be appropriate throughout a zoning district but which, if controlled as to number, area, location, or relation to existing and permitted land use in a zoning district, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare.

1301.100.

Stable, Private: An accessory building for the keeping of horses, or mules owned by the occupants of the premises and not kept for remuneration, hire or sale.

1301.101.

Stable, Public: A stable other than a riding or private stable.

1301.102.

Stable, Riding: A structure in which horses or mules used for pleasure riding or driving are housed, boarded or kept for hire; including a riding track.

1301.103.

Story: That part of a building included between the surface of one floor and the surface of the floor next above, or if there be no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the curb level, or the average elevation of the finished grade along the front of the building were it set back from the street.

1301.104.

Streets: The term street means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.

1301.105.

Streets, Arterial and Highways: Streets and roadways which are used primarily for fast or heavy traffic and that form a part of the existing or projected Federal Aid Highway System, the State Highway System or the City Street System.

1301.106.

Street Line: Public right-of-way line of a street.

1301.107.

Streets, Collector: A street which carries traffic from minor streets to major streets in residential and business areas and include the principal entrance streets of a residential development and streets for circulation within such a development.

1301.108.

Streets, Cul-De-Sac: A minor street with a turn-around and permanently closed to through traffic and used primarily for access to the abutting property.

1301.109.

Streets, Frontage or Service: A minor street auxiliary to and located on the side of a major street for service to abutting properties and adjacent areas for control of access and protection from through traffic.

1301.110.

Streets, Major: A street which provides easy access to the various traffic generators within the City or County and to the arterial highway system.

1301.111.

Streets, Minor: A street which is used primarily for access to the abutting properties.

1301.112.

Structure: Anything constructed or erected, which requires location on the ground, or attached to something having location on the ground; including but not limited to advertising signs, billboards and poster panels; but exclusive of customary fences or boundary or retaining walls, sidewalks and curbs.

1301.113.

Structural Alterations: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

1301.114.

Subdivider: Any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.

1301.115.

Subdivision: The division or re-division of land into two or more lots, tracts, sites or parcels of less than three (3) acres in area for the purpose of transfer of ownership or for development, or the dedication or vacation of a public or private right-of-way or easement.

1301.116.

Substantial Improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the actual cash value of the structure either (1) before the improvement is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences.

1301.117.

Trailer Park: An area containing one or more structures designed or intended to be used as temporary living facilities of one or more families, and intended primarily for automobile transients, or providing proper space and facilities for two or more auto trailers of mobile dwelling unit character.

1301.118.

Travel Trailer or Camper: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet.

1301.119.

Unobstructed Open Space: An area of land upon which no structure may be erected.

1301.120.

Utility: A commodity or service which is of public consequence and need, such as electricity, gas, sewer, water, transportation, or telephone or telegraph service.

1301.121.

Used Automobile Junk Area: An open area other than a street, alley or place, used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked automobiles or their parts.

1301.122.

Variance: A variance is an adjustment of terms in this ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height and size of structure or size of yards and open space. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

1301.123.

Yard: An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring to determine the width of a side yard or the depth of the rear yard, the least horizontal distance between the lot line and the main building shall be used. See Appendix B.

1301.124.

Yard, Front: A yard across the full width of a lot extending from the front line of the main building to the front street line of the lot. See Appendix B.

1301.125.

Yard, Rear: A yard extending across the rear of a lot measured between inner side yard lines and being the minimum distance between the rear lot line and the rear of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard. (See Appendix B).

1301.126.

Yard, Side: A yard between the building and the side line of the lot unoccupied and unobstructed by any portion of a structure from the ground upward and extending from the front building line to the rear lot line. (See Appendix B).

1301.127.

Zero Lot Line: A lot where no side yard is required under special construction regulations. These shall include appropriate fire walls, restrictive openings, etc.

1301.128.

Zoning Administrator: See Building Official.

1301.129.

Zoning Map: The official zoning map or maps which are a part of the Zoning Ordinance and delineates the boundaries of the zoning districts.