For the purpose of this ordinance, certain terms and words are herewith defined as follows:

Words used in the present tense include the future; words in the singular number include the plural, except when preceded by a word known in English grammar as an article which denotes the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory.

Accessory building or use shall mean a subordinate building on the same lot, or a portion of the main building, the use of which is clearly incidental to that of the main building; or a use customarily incidental to the main use of the property.

Adult arcade shall mean an establishment where, for any form of consideration, one (1) or more motion picture projectors, slide projectors, or similar machines for viewing by five (5) or fewer persons each are used to show films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstores shall mean a commercial establishment that, as its principal business purpose, offers for sale or lease for any form of consideration, any one (1) or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

Adult cabaret shall mean an establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas.

Adult entertainment establishments shall mean any adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult video store, or similar establishment which regularly features or depicts behavior which is characterized by the exposure of specified anatomical areas, or where any employee, operator or owner exposes his/her specified anatomical areas for viewing by patrons.

Adult motel shall mean an establishment which includes the word "adult" in any name it uses or otherwise advertises the presentation of adult material offering public accommodation for any form of consideration, which provides patrons with closed-circuit televised transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult motion picture theater shall mean an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction of description of specified sexual activities or specified anatomical areas.

Adult video store shall mean a commercial establishment that, as its principal business purpose, offers for sale or rental any form of consideration of any one (1) or more of the following:

(1)

Photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specific sexual activities or specified anatomical areas; and

(2)

Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

Advertising sign or structure: Any sign, device or structure of any character whatsoever, including statuary, placed for outdoor advertising purposes on the premises. The area of an advertising structure or sign shall be determined by the area of the largest cross-section of such structure or sign.

Agriculture: The raising or growing of crops only; except that the city council may, by special order, permit the raising of fowl or livestock, but not swine, in any rural or outlying fringe area within the City of Columbus, providing such use does not constitute a nuisance or health hazard.

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

Alteration: Any structural change in the supporting or load-bearing members of a building such as bearing walls, columns, beams or girders.

Amusement Game Arcade: A building or part of a building in which more than fifty percent (50%) of the public floor area is devoted to amusement game machines, regardless of whether such amusement game machines constitute a primary of accessory use of the premises.

Amusement Game Machine: A coin-operated machine or device which, whether mechanical, electrical, or electronic, shall be ready for play by the insertion of a coin or token and may be operated by the public for use as a game, entertainment, or amusement, through the exercise of skill or chance. It shall include devices such as video or computer games, pinball machines, air-hockey, football, and skee ball, but shall exclude pool tables and amusement or vending machines which provide a ride, sensation, electronic reading or weight, photograph, lamination, or item of merchandise.

Apartment house or multiple-family dwelling: Any single detached dwelling unit designed for and occupied by three (3) 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.

Automobile, junk area or graveyard: An area other than a street or alley used for the dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled or wrecked automobiles or their parts.

Automobile Service Station: A business establishment where the primary function is the retail sale of gasoline, oil, grease, tires, batteries, and accessories. Services are limited to the installation of items sold, towing, tire changing, and automobile lubrication. Engine steam cleaning is prohibited.

Awning: Any non-rigid material such as fabric or flexible plastic that is supported by or stretched over a frame that is attached to an exterior wall.

Awning Sign: A sign placed directly on the surface of an awning.

Banner: A sign that is mounted on or attached to a non-rigid surface such as cloth, fabric, or paper.

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

Bed and Breakfast Inn: An owner-occupied house, or portion thereof, where short-term lodging rooms with or without meals are provided for compensation.

Billboard: An outdoor advertising structure which advertises a business, industry, establishment, use, product or service not necessarily found on the premises.

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.

Board: The Columbus Zoning Board of Adjustment.

Boarding house or lodging house: A building, other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.

Brown bag establishment shall mean an unlicensed establishment that allows consumption of alcoholic beverages and/or beer on the premises and where dancing and entertainment may or may not be provided.

Buffer area: An area which acts as a separation area between two (2) or more noncompatible districts.

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

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

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

Building, alteration of: Any change or rearrangement in the supporting members (such as bearing walls, beams, columns or girders) of a building, any addition to a building or movement of a building from one (1) location to another.

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

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.

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. For the purpose of this ordinance, the setback measurement shall be from the overhang edge on the eave of the structure.

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

Building Official: A person designated by the mayor and city council who is responsible for issuing building permits, certificates of occupancy and inspections pursuant thereto.

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

Bulletin Board Sign: A type of changeable copy sign displayed in a casement made of glass or plexiglass.

Business College or Technical School: A non-academic establishment offering courses such as secretarial, computer and data processing, drafting, electronic repair including radio/TV repair, commercial art, cosmetology, allied health care, real estate, banking and restaurant operation. Instruction excludes vocational training such as automobile body and engine repair, construction equipment operation, building trades, truck driving, and mechanical and electrical equipment/appliance repair.

Business, Drive-Thru: Any business establishment providing automobile drive-thru service or window facilities, including but not limited to, banks, dry cleaners, photographic supply and developing shops, restaurants, car washes and convenience stores.

Canopy: An extension of the roof of a building or a freestanding structure that has a roof with support, but no walls.

Car Wash: A facility where the primary or secondary function is washing automobiles, pick-up trucks, and small vans, but not trailers or commercial trucks. Mechanical production line methods or self-service equipment may be used. A car wash may also function as an accessory to an automobile service station or other primary use.

Cemetery: A tract of land, private or public, licensed with the State of Mississippi, divided into plots for sale for interment of the human dead.

Central Business District: The area shown and delineated on the official zoning map and generally known as downtown Columbus.

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

Changeable Copy Sign: A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign.

Child care center: Child care center means a place which provides shelter and personal care for six (6) or more children for four (4) or more hours of any part of the twenty-four-hour day, whether such place be organized or operated for profit or not. 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 as stipulated by the Mississippi State Board of Health and the Southern Standard Building Code.

Church: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Clinic, Dental or Medical: A building in which a group of physicians, dentists, and allied professional assistants are associated for the purpose of carrying on their profession; the clinic may include a dental or medical laboratory but it shall not include inpatient care or operating rooms for major surgery.

Columbarium: A structure of vaults lined with recesses for cinerary urns.

Columbus (Mississippi): The Mayor and City Council of the City of Columbus (Mississippi).

Communication Tower: A freestanding or elevated structure on which transmitting and/or receiving antennas or devices are located for the transmission of reception of information by radio, television, microwave or other electromagnetic energy signals.

Community Residential Facility: A facility providing seven days-a-week residential and habilitative services by resident staff to persons with developmental disabilities.

Completely Enclosed Structure: A building enclosed by a permanent roof and by solid exterior walls pierced only by windows and customary entrance and exit doors.

Composting Facility: A facility where pre-sorted municipal solid waste organic materials are biologically decomposed through an aerobic (or oxygen rich) process for the purpose of waste reduction.

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 twenty (20) per cent 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 hearty 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.

Condominium: (1) individual ownership of an unit in a multiunit structure (as an apartment building) or on land owned in common (as a town house complex); also, a unit so owned; (2) a building containing condominiums.

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

Copy: The characters, letter or illustrations displayed on a sign face.

Core Area, Downtown: Also known as the Central Business District, the area is bound on the north by 3 ^rd Avenue, on the east by 8 ^th Street, on the south by 3 ^rd Avenue and on the west by 3 ^rd Street.

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

CPC: Columbus Planning Commission.

Day nursery: A place where six (6) or more children are left for care a part of the twenty-four (24) hours of the day, for which renumeration is received.

Developmental Disability: Defined by the Federal Developmental Disabilities Act, 1984 as a severe, chronic disability that:

(1)

Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2)

Is manifested before the person attains age 22;

(3)

Results in substantial functional limitations in three or more of the following areas of major life activity:

a.

Self-care;

b.

Receptive and expressive language;

c.

Learning;

d.

Mobility;

e.

Self-direction;

f.

Capacity for independent living;

g.

Economic self-sufficiency;

h.

Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are lifelong or of extended duration and are individually planned and coordinated.

Diameter at Breast Height (DHB): The measurement of the width of the trunk of the tree at four and one-half (4 1/2) feet above the existing grade. For multi-trunk trees the DHB shall be the sum of the diameter of the trunks.

Dimensional Requirements: Those measurements contained in this section that identify the area and height requirements for signs.

Directional Sign: A sign that provides on-site directional assistance for the convenience of the public such as locations of exits, entrances and parking lots.

Director Sign: A sign that displays the names and/or addresses of the establishments or uses of a building or group of buildings.

Display Surface Area: The area within each face of a geometric shape enclosing all elements or informational or representational matter including blank masking. Structural supports not bearing information shall not be included in the computation of display area. All decorative embellishments or appurtenances such as directional arrows which are not a part of the display area shall not be greater than twenty percent (20%) of the display area.

District: Any zoning district established by this ordinance.

Domiciliary Care Facility: A residential facility whose primary purpose is to furnish room, board, laundry, personal care and other non-medical services, for not less than 24 hours in a week, to individuals not related by blood or marriage to the owner and/or administrator. This kind of care implies sheltered protection and supervised environment for persons, who because of age and/or disabilities, are incapable of living independently in their own homes or a commercial board and room situation, and yet who do not require the medical and nursing services provided in a nursing home. These facilities may provide temporary limited medical care as an individual would receive if the individual were living in his or her own home.

Drip Line: The circumference of the tree's natural, unaltered canopy extended vertically to the ground.

Dwelling: Any building, or portion thereof, which is designed or used as living quarters for one (1) or more families.

Dwelling, multiple-family: A dwelling designed for occupancy for three (3) or more families living independently of each other.

Dwelling, single-family: A dwelling designed to be exclusively occupied by one (1) family.

Dwelling, two-family: A dwelling designed to be occupied by two (2) families living independently of each other.

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

Dwelling, zero lot line: A detached single-family dwelling unit which is constructed against the lot line on one (1) 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.

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.

Effective Date: _________________________.

Emergency Shelter Facility: A facility providing temporary residential housing for persons otherwise homeless or who seek shelter from abuse.

Engineer-city engineer: A person registered as a professional engineer in the State of Mississippi and who is authorized to approve construction design of public works such as streets, roads, bridges, etc.

Family: One (1) or more persons related by blood or marriage, including adopted children, occupying premises and living as a single nonprofit housekeeping unit.

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

Flashing Signs: A sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits sudden or marked changes in lighting effects. Illuminated signs which indicate the time, temperature, or date shall not be considered flashing signs.

Floodplain: Any normally dry land area that is susceptible to being inundated by waters of the one (1) per cent annual chance flood; i.e., the one hundred (100) year flood.

Floodway: The channel of a river or other watercourse and the adjacent designated land areas that must be reserved in order to discharge the velocity waters of the regulatory flood.

Floodway Fringe area: That area of the floodplain lying outside the floodway but still lying within the area of special flood hazard; i.e., within the one hundred (100) year floodplain.

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.

Fraternity or Sorority House: A building occupied by and maintained exclusively for students affiliated with a regularly organized college or university fraternity or sorority, when such facility is regulated by the affiliated institution of learning.

Freestanding Sign: The general term for any on-site sign which is supported from the ground and not attached to a building, i.e., pole, monument, billboards, etc.

Frontage Building: The length of that part of a building that faces a street, parking area, or private drive.

Frontage Lot: The length of that part of a building site that fronts a public street.

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

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

Garage, private: An accessory building or a part of a man building used for storage purposes for one (1) or more automobiles.

Garage, public: Any building, other than a private garage, available to the public for the care, servicing, repair or equipping of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

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.

Gasoline, service or filling station: Any area of land, including structures thereon, that is used for the retail sale of gasoline of oil fuels, and installations of other minor automobile accessories and which may or may not include facilities for lubricating washing or cleaning.

Governing Authority: The Mayor and City Council of the City of Columbus, Mississippi.

Gross Floor Area: The sum of the gross horizontal areas of the several floors of a building, including interior balconies and mezzanines and any exterior open porches or galleries which serve as an extension of those activities conducted within the enclosed structure; all horizontal dimensions shall be measured between the exterior faces of walls, including the walls or railings or roofed porches. The gross floor area of a building shall include the floor area of accessory buildings on the same building site, measured the same way.

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

Hazardous Material or Substance: A substance is considered hazardous when it has one of the following characteristics: flammable, explosive, corrosive, toxic, radioactive, or, if it readily decomposes into oxygen at elevated temperatures.

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 such use will not be obnoxious or offensive by reason of vibration, noise odor, dust, smoke or fumes.

Home occupation: Any occupation conducted anywhere on the lot or improvements thereon on which a dwelling is located incidental to the main use of the premises as a dwelling place, and is conducted by a member of a family residing in the dwelling and in connection with which there is kept no stock in trade nor commodity to be sold upon the premises. No mechanical equipment shall be used which will be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes. The operation of beauty culture schools, beauty parlors, day nurseries or barber shops, and the repair of motor vehicles and/or implements powered by gasoline motors shall not be considered home occupations. No trade shall be permitted which requires the dispatching of commercial vehicles from the residence, or creates or attracts public vehicular traffic to the residence. A homeowner or tenant shall make application to the city building official and receive approval from same for any home occupation.

Hospital: An institution where sick or injured persons are given medical care and in the course of same are housed overnight, fed and provided nursing and related services.

Hospital, Small Animals: An institution where sick or injured small animals of less than one hundred fifty (150) pounds are given medical care, and in the course of same are housed overnight, fed and provided related services. Hospital, small animal, shall be considered a commercial use.

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.

Illegal Sign: Any sign erected or maintained in violation of a preceding ordinance or erected, altered, removed, or replaced in violation of this ordinance.

Illuminated Sign: A sign illuminated in any manner by an internal artificial light source.

Improvement: Shall mean sidewalks, driveways and drainage necessary to a structure.

Junk: The term "junk" is defined to mean and shall include scrap iron, scrap tin, scrap brass, scrap copper, 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, inoperative motor vehicles not held for repair nor held for sale in operating condition, 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.

Kennel: Any building, lot or premises on or in which four (4) or more dogs, cats or similar pets (at least eight (8) weeks of age) are kept. Any building, lot or premises where dogs, cats or similar pets are housed or accepted for boarding for which remuneration is received.

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.

Land Clearing: Shall be those operations where trees and vegetation are removed and which occur previous to the construction of building e.g., road right-of-way excavation for paving, lake drainage system excavation, utility excavation, grubbing, and any other necessary clearing operations.

Landfill: A disposal site for the controlled burial of solid waste according to applicable governmental rules and regulations. Hazardous or radioactive waste disposal is not permitted in a sanitary landfill.

Landscape Area: An area which shall consist of landscape material, as defined, such that the use of living landscape material predominates over the use of nonliving landscape material.

Landscape Material: Living plant material which shall include, but not limited to, trees, shrubs, flowers, vines, lawn grass and other ground cover; natural features and areas; and nonliving durable material commonly used in landscaping which shall include, but not be limited to, rocks, pebbles, sand, mulch, wood chips, exterior lighting fixtures, planters, foundations, reflecting pools, work of art, walkways, fences, walls, benches and other types of appropriate outdoor furniture. Nonliving landscape material shall not include artificial or synthetic material in the form of trees, flowers, shrubs, vines, or ground cover.

Lot: Any plot of land occupied or capable of being occupied for any use as defined in this ordinance.

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

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

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

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

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

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

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

Lot, Reverse Frontage: A lot fronting on two (2) parallel streets but with access to only one.

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 two (2).

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

Marquee: A permanent structure other than a roof attached to, supported by, and projecting from a building and providing protection from natural elements.

Marquee Sign: A sign attached to and made part of a marquee or any other similar projection from a building.

Medical and Dental Facilities:

(1)

Convalescent, rest or nursing home: A health facility where persons are housed and furnished with medical and/or nursing care.

(2)

Medical or paramedical offices: A facility for the examination and treatment of patients.

(3)

Hospital: An institution providing comprehensive health services.

(4)

Public health center: A facility primarily utilized by a health unit for the provision of the public health services.

Minor repair, automobile: The replacement of minor assemblies or parts and tune-up of automobiles, or trucks of less than fifteen thousand (15,000) pounds gross license weight, but not including, body and fender work, painting, engine overhaul or similar types of work.

Mobile Home: A transportable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing.

Mobile Home Park: A contiguous parcel of land which has been planned and improved for the placement of mobile homes for nontransient use.

Mobile Home Stand or Pad: The area for locating a single mobile home unit.

Modular Homes: A modular home is a factory-fabricated dwelling over thirty-two (32) feet in length and at least twenty-four (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 (2) or more components that can be separated when transported but designed to be joined into one (1) integral unit. A modular home but 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. Modular homes shall be allowed only in the R-4 District.

Monument Sign: A freestanding sign with a base affixed to the ground which measures at least two-thirds the horizontal length of the sign; not internally lighted and which is compatible with the commercial establishment which it is advertising.

Nightclub or bar: Shall mean an establishment licensed to serve alcoholic beverages and/or beer on the premises and where dancing and entertainment may or may not be provided.

Nonconforming Structure: A building or part thereof lawfully existing on the effective date of this ordinance and which does not conform to all of the regulations of the district in which it is located.

Nonconforming Use: A use which lawfully occupies a building or land on the effective date of this ordinance and which does not conform to all of the regulations of the district in which it is located.

Nonconforming Use, Building or Yard: A use, building or yard, existing or under construction 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.

Nursing Home: A facility which provides chronic and/or convalescent care for not less than twenty-four (24) hours in any one week to individuals not related by blood or marriage to the owner and/or administrator. Chronic and convalescent care includes care given because of prolonged illness or defect, or during recovery from injury or disease, and shall include any or all of the procedures commonly employed in waiting on the sick, application of dressings and bandages, and carrying out of treatments prescribed by a physician.

Off-Site Sign or Off-Site Advertising: Any sign that is used to attract attention to an object, person, product, institution, organization, business, service, event or location that is not located on the premises upon which the sign is located. This definition does not include governmental traffic, directional, or regulatory signs or notices of any federal or state governmental entity. (Excepted also from this definitions are certain other private directional signs described elsewhere in this ordinance.)

On-Site Sign: Any sign that is used to attract attention to an object, person, product, institution, organization, business, service, event or location that is located on the premises upon which the sign is located.

Outdoor advertising signs and billboards: A sign, including the supporting sign structure, which directs the attention of the general public to a business, service or activity not usually conducted, or a product not usually offered or sold, upon the premises where such a sign is located, and such sign or billboard shall be considered a commercial use.

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

Overstory: The top portion or canopy of trees above a cluster of smaller trees.

Owner-Sign: Shall include the person receiving benefit from the sign and/or the property owner.

Parapet: That portion of a building wall that rises above the roof line.

Parking Area, Public: An open area other than a street or alley 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.

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

Parking Space: A space located on private or public property sufficient in size to park, in accordance with Article VI of this ordinance, one (1) automobile.

Pen: A small area fenced and used to confine small animals or other livestock.

Permanent Window Sign: A sign that is placed on or attached to a window.

Permitted Structure: A structure meeting all the requirements established by this ordinance for the district in which the structure is located.

Permitted Use: A use meeting all the requirements established by this ordinance for the district in which the use is located.

Person: Any individual, firm, partnership, corporation, company, association, trust or any other group or combination of individuals operating as a unit and including any trustee, receiver, assignee, or other similar representative thereof.

Planned unit development (PUD): A land tract in which a multiplicity of land uses may be permitted, including single-family residential, multifamily 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.

Planning Commission: The Columbus Planning Commission.

Portable Sign: A sign that is not permanently affixed to a building, structure, or the ground or designed to be permanently affixed to a building, structure, or the ground. Trailer signs are considered to be portable signs.

Premises: Land, together with the structure or structures occupying it.

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

Professional occupation: A recognized profession requiring specialized knowledge and intensive academic preparation, such as physicians, attorneys, dentists, engineers, architects, certified public accountants, ministers and similar professions.

Projecting Sign: A sign which is supported by an exterior wall of a building and which is displayed perpendicular to the face of the building and which projects more than twelve (12) inches.

Protection Buffer: A wall, fence, or screen planting strip intended to physically separate unlike uses and minimize light, debris, and visual intrusion onto adjacent lots. Requirements for various buffers are found in Section IV-D, Supplementary Yard Regulations.

Protective Barrier: A physical structure limiting access to a protected area, composed of wood or other suitable materials which assures compliance with the intent of this Article. Variations of these methods may be permitted by the Urban Forester upon written request if they satisfy the intent of this ordinance.

Public Tree: A tree located on any property owned by the City of Columbus, Mississippi.

Recreational Vehicle: A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation use. For purposes of this regulation, the term includes pick-up campers, camping trailers, travel trailers, RV's and motorized homes (living facilities constructed as integral parts of self-propelled vehicles).

Recyclable Materials Recovery Facility: A facility that is not a junkyard and which recoverable resources, such as newspaper, glassware, and metal cans are collected, sorted, flattened, crushed, or bundled, and processed to a condition in which they may again be used for production.

Recycling Drop-Off Center: An incidental use that serves as a neighborhood collection point for temporary storage of recoverable resources such as glass, paper, and aluminum. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public area, such as in churches and schools.

Recycling Plant: A facility that is not a junkyard and in which pre-sorted recoverable resources, such as newspaper, magazines, books, and other paper products; glass; metal can; and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.

Recycling Transfer Station: A permanent, fixed, supplemental collection and transportation facility, where pre-sorted solid waste materials are taken from smaller collection vehicles and placed in larger transportation units like railroad cars, barges, or truck trailers. In some transfer operations, compaction or separation for recycling may be done at the station.

Relocation: The digging up by a property owner of a tree from one place on his property and the planting of the same tree in another place on the same property.

Rental/Leasing Activities: Establishments that involve retail sales may also engage in the rental of leasing of those items in the same districts, unless the rental or leasing of the item is specifically listed otherwise in the Chart of Permitted Uses [article IV, div. 1 herein].

Residential Care Facility, Youth: Provides 24-hour supervisory care for individuals less than eighteen (18) years of age.

Restaurant: A business which prepares, sells, and serves food and beverages to customers for consumption within the restaurant building or on the building site at outside tables. Businesses of this type include, but are not limited to, café, cafeteria, dining room, tearoom, coffee shop, hot dog stand and sandwich shop. Carry-out service may be provided, but not curb service or drive-through window service.

Restaurant, Drive-In: A restaurant providing automobile curb-service in which the parking area is designated for the consumption of food which is serviced by an employee to the customer in his automobile. Carry-out and drive-through window service may be provided.

Restaurant, Drive-Through: A restaurant providing automobile drive-through service of window facilities for the consumption of food on or off the premises. Automobile curb service may not be provided.

Retirement Home or Elderly Housing: A building or group of buildings containing dwelling units where the occupancy of the dwelling is restricted to the elderly (in which at least one (1) resident per household is fifty-five (55) or older). This does not include a development that contains convalescent or nursing facilities, but often includes the provision of special support services, such as central dining and limited medical care.

Right-of-way: The land occupied, including necessary parkway or open space, dedicated or designated for the use of a public street or alley.

Roof Sign: A sign that is erected, constructed, or maintained above the roof of any building.

Rooming House: A dwelling containing one (1) or more lodging rooms that accommodate one (1) or more persons who are not members of the keeper's family; provided, however, that the letting of rooms for hire, to the extent permitted by this ordinance as a home occupation, shall not in itself cause a dwelling to be a rooming house. In a rooming house, lodging or meals are provided for compensation on a weekly or monthly basis. Rooming house includes boarding house.

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

Service station: Any building, structure or land used primarily for the dispensing, sale, or offering for sale at retail of any automotive fuels, oils, accessories or other sundry items normally sold at service stations for the traveling public, but not including major repair work such as motor overhaul, body and fender repairs or spray painting.

Setback: The required distance between any point on private land and the nearest point at the edge of the nearest public right-of-way.

Short-term rental or "STR" means lodging use, other than a hotel or motel, in which a dwelling unit or portion thereof or accessory dwelling unit is provided to guests by a short-term rental operator for a fee for fewer than 30 consecutive nights. A dwelling unit or portion thereof that is used by the same individual or individuals for 30 or more consecutive nights is not a short-term rental.

Sign: Means any device, light, figure, picture, letter, word, message, symbol, plaque or poster, visible from outside the premises on which it is located and designed to inform or attract the attention of persons not on that premises, excluding searchlights.

Sign, Abandoned: A sign shall be considered abandoned when the business activity or firm which such sign advertises is no longer in operation, or does not have a current business license in effect, or is in a state of disrepair.

Sign, Height: As measured from ground level to the top.

Sign, Real Estate: A sign offering property for sale or rent by either an owner of real estate agent.

Sign, shingle: Means a non-internal electric, non-self-illuminating sign of not more than two (2) square feet of surface area, which is commonly used for identification by members of a recognized profession.

Sign, Temporary: A sign that is displayed only for a specified period of time about special events or occurrences.

Sign, Wall: A sign painted on or attached to a wall of a building and parallel to the wall.

Site plan review committee: That committee appointed by the city council, which shall have the duty to review certain site plans, all as herein provided for in this ordinance.

Space satellite television antenna: As an accessory structure used to receive audio-visual waves from satellites in outer space. Ground-mounted, private, noncommercial space satellite antennas twelve (12) feet or less in diameter are permitted as an accessory structure.

Specified anatomical areas: Shall mean less than completely clothed and opaque-fabric covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae to and including the bottom of the breasts; or human male genitals in a discernable turgid state even if completely or opaquely covered.

Specified sexual activities: Shall mean human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually oriented torture, beating or the infliction of physical pain; erotic touching, fondling or other such contact with an animal by a human being; or human excretion, urination, menstruation, vaginal or anal irrigation as a part of or in connection with any of the activities set forth in the Columbus adult entertainment ordinance.

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.

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

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.

Story: That part of a building included between the surface of one (1) 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.

Street: Any public or private right-of-way which affords the principal means of access to abutting property.

Street Frontage: The land extending the full width of the building site and located between the street line and a building wall fronting on a street.

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

Structure: Anything constructed or erected which requires location on the ground or attached to something having a 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.

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.

Subdivision: An area of land divided into lots for development by means of an appropriately recorded legal document.

Swimming Pool: Shall mean any concrete or impervious masonry structure used for bathing or swimming purposes, and filled with a controlled water supply.

Townhouse subdivisions: The term "townhouse subdivision" shall apply to those development in which it is proposed to partition land into individual lots and construct townhouses which may be individually owned and where the minimum lot sizes shall be as required under R-3 Residential District of this ordinance.

Tract development: A tract of land at least two and one-half (2.5) acres in size designed for residential purposes, where dwellings may be grouped or clustered to maximize advantageous development of the site, and where, through the proper use of common maintained open space, character and density requirements of the residential district in which it is located are satisfied.

Trailer park: An area containing one (1) or more structures designed or intended to be used as temporary living facilities for two (2) or more families, and intended primarily for automobile transients, or providing proper space and facilities for two (2) or more auto trailers of mobile dwelling unit character.

Travel Trailer: A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation use. For purposes of these regulations, the term includes pick-up campers, camping trailers and motorized homes (living facilities constructed as integral parts of self-propelled vehicles).

Tree: Any self-supporting, woody plant of a species suitable for growing in the proposed environment as well as the City of Columbus.

Understory: Trees which grow beneath the overstory to include Dogwood, Crepe Myrtles, Bradford Pears, Red Buds and others approved by the City of Columbus.

Unobstructed open space: An area of land upon which no structure may be erected.

Urban Forester: Shall mean The City of Columbus employee specially trained in forestry, arboriculture and urbiculture or his/her duly authorized designee.

Usable Wall Area: The exterior wall or surface area of a building or structure that excludes doors.

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

Variance: A modification from the provisions of this ordinance by the zoning board of adjustment in cases when enforcement of its provisions would result in unnecessary hardship.

Vehicular Use Area: All areas used by any and all types of vehicles, boats, trailers, or other equipment, whether such vehicles, boats, trailers, or equipment are self-propelled or not for the prupose of, including, but not limited to, driving, parking, loading, storage, or display, such as, but not limited to, new and used car lots, and activities of a drive-in nature in connection with banks, restaurants, gas stations, grocery and dairy stores, and the like.

Visibility Triangle: The triangular area formed by the intersection street lines and a straight line connecting such street lines at points equidistant from such point of intersection and passing through a point which point is the intersection of lines defining the front and side yards.

Vocational or Trade School: A non-academic establishment offering vocational training, including but not limited to, automobile body and engine repair, construction equipment operation, truck driving, building trades, and mechanical or electrical equipment/appliance repair. Courses offered normally would exclude those listed under Business College or Technical School.

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, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

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.

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.

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.

Youth Organization Camp: An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character. It is intended that these types of facilities provide a camping environment for children and youth groups who may be affiliated with such organizations as the Girl or Boy Scouts of America, religious institutions, or other local community activity groups. It is not permitted to serve youthful offender organizations.

Zero Lot Line Subdivision: A residential complex consisting of no less than ten (10) zero lot line lots.

Zoning Administrator: The city official responsible for administration and enforcement of the city zoning ordinance.

Zoning Board: The Zoning Board of the City of Columbus.

Zoning Lot: A single tract of land, located within a single block, which at the time of filing for a building permit or a certificate of occupancy is designated by the owner or developer as a tract to be used, developed or built upon as a unit, under single or unified ownership or control, and assigned to the particular use, building or structure for which the building permit or certificate of occupancy is issued, and including such area of lands as may be required by the provisions of this ordinance for such use, building or structure.

(Ord. of 3-21-95(3), § 2; Ord. of 9-19-17(1); Ord. of 3-1-22(1))

For the purposes of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them:

Character: Means any letter of the alphabet or any numeral.

Effective area for attached signs: Shall mean the sum of the areas of the minimum imaginary rectangles enclosing each word attached to any particular facade. [See the illustration following this section.]

Effective area for detached signs: Means the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines which fully contains all extremities of the sign, exclusive of its supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally.

A viewpoint for this projection is to be taken which gives the largest rectangle of that kind, as the viewpoint is rotated horizontally around the sign. If elements of the sign are movable or flexible, as a flag or string of lights, the measurement shall be taken when the elements are fully extended and parallel to the plane of view. [See the illustration following this section.]

Facade: Means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within forty-five (45) degrees of one another, they are to be considered as part of a single facade.

Height: As applied to a sign, shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and a level plane going through the nearest point of the improved public right-of-way, other than an alley.

Intersection: Means the junctions of the centerlines of any two (2) public rights-of-way, other than alleyways.

Luminance: Means the brightness of a sign or a portion thereof expressed in terms of foot lamberts. For the purposes of this definition, luminance shall be determined by the use of an exposure meter calibrated to standards established by the National Bureau of Standards and equipped with a foot lambert scale.

Occupancy: The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

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

Setback: Means the required distance between any point on private land and the nearest point at the edge of the nearest public right-of-way, other than an alley. Where a public way crosses a railroad right-of-way, the setback distance is to be measured from the public right-of-way line extended across the railroad right-of-way.

Sign: Means any device, light, figure, picture, letter, word, message, symbol, plaque or poster visible from outside the premises on which it is located and designed to inform or attract the attention of persons not on that premises, excluding searchlights.

Sign, attached/wall sign: Means any sign attached to, applied on, or supported by, any part of a building (such as a wall, roof, window, canopy, awning, arcade or marquee) which encloses or covers usable space.

Sign, detached/ground-mounted sign: Means any sign connected to the ground which is not an attached sign, inclusive of signs on movable objects.

Sign, directional: Means a non-premises sign whose content is limited exclusively to the identification of specific premises or occupancy located elsewhere, and which tells the location of or route to that premises or occupancy.

Sign, illuminated: Means any sign which is directly lighted by any electrical light source, internal or external. This definition shall not include signs which are illuminated by streetlights or other light sources owned by any public agency, or light sources which are specifically operated for the purpose of lighting the area in which the sign is located, rather than the sign itself.

Sign, nonpremises: Means any sign which is not a premises sign.

Sign, political: Means any type of nonpremises sign which refers only to the issues or candidates involved in a political election.

Sign, premises: Means any sign, the content of which relates to the premises on which it is located, referring exclusively to the name, location, products, persons, accommodations, services or activities of or on those premises, or the sale, lease or construction of those premises.

Sign, real estate: Means a sign offering property for sale or rent by either an owner or real estate agent.

Sign, shingle: Means a noninternal electric, nonself-illuminating sign of not more than two (2) square feet of surface area which is commonly used for identification by members of a recognized profession.

Sign, special purpose: Means a sign temporarily supplementing the permanent signs on a premises.

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 (1) inch in height, nor is internally or decoratively illuminated.

Sign trailer/portable: Means a temporary sign structure for use with or without changeable type lettering, illuminated or non-illuminated, with or with or without wheels, not permanently attached to the ground.

Sign, vehicular: Means any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection.

Word: For the purpose of this section, one (1) word shall be deemed to be any of the following:

(1)

Any word in any language found in any standard unabridged dictionary or dictionary of slang.

(2)

Any proper noun or any initial.

(3)

Any separate symbol or abbreviation, such as "&," "$," "%," and "Inc."

(4)

Any telephone number, street number or commonly used combination of numerals and/or symbols such as "$55.00," or "50%."

(5)

Any symbol or logo which is a registered trademark, but which itself contains no word or character.

(6)

Otherwise, each separate character is considered to be a word.

A horizontal "orthographic projection" is simply a non-perspective view of an object, a perpendicular projection seen from the ground, like the architect's evaluation of a building. The "effective area" definition suggests a two-step process for calculating sign area. First, one must choose the point of view from which the sign looks widest. For flat signs, this viewpoint is directly opposite the face. If the sign were a cube in shape, this viewpoint would be opposite a corner. Now the picture of the sign seen from this viewpoint is enclosed within the smallest rectangle which fully contains the sign. The area of that rectangle is the "effective area" of the sign.

(Ord. of 9-19-17(1))