For the purposes of this Ordinance, words and terms used herein shall be interpreted as follows:

A.

Words in the present tense shall include the future tense.

B.

The singular shall include the plural, and the plural shall include the singular.

C.

The masculine gender shall include the feminine and the neuter and vice-versa.

D.

The word "lot" includes the word "plot," "parcel," or "tract."

E.

The word "shall" is always mandatory, and the word "may" or "should" is always permissive.

F.

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

G.

Any word or term not defined in this Ordinance shall be used with a meaning of standard usage.

When used in this Ordinance, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise.

1.

Abandoned Vehicle. Any inoperable vehicle which has been lacking a currently effective state license and inspection sticker for a period of at least one (1) year.

2.

Abut. Next to or adjacent to, and includes the words "directly across from streets, natural features, and rights-of-way."

3.

Access Drive. A privately owned, constructed, and maintained vehicular access from a public or private street to four (4) or more off-street parking spaces or to at least one (1) loading space.

4.

Accessory Building. A building (such as a private garage, private tool house or children's playhouse or a noncommercial greenhouse) which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building.

5.

Accessory Structure. A structure serving a purpose customarily incidental to the use of the principal building and located on the same lot as the principal building.

6.

Accessory Use. A use subordinate to the principal use on the same lot and customarily incidental thereto.

7.

Acres. 43,560 square feet.

8.

Adjacent. A state of being side by side, next to, adjoining, contiguous, or abutting one to another.

9.

Adult entertainment business. Shall include the following:

a.

Adult bookstore: An establishment which has as a substantial portion of its stock-in-trade and offers for sale or lease for any form of consideration any one (1) or more of the following:

1)

Books, magazines and other periodicals distinguished or characterized by the emphasis on matter depicting, describing, or relating to sexually explicit material, or

2)

Selling or displaying books, magazines, or other periodicals and customarily not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age as prevailing practice.

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the state of Mississippi.

b.

Adult Live Entertainment: Any establishment where dancers, entertainers, performers, or other individuals, who, for commercial gain, model, perform, demonstrate, or are presented while displaying or exposing "specified anatomical area", or engage in "straddle dancing", or touching with customers.

c.

Adult Novelty Store: An establishment which has as a substantial portion of its stock-in-trade and offers for sale or lease for any form of consideration any one (1) or more of the following:

1)

Miscellaneous articles relating to sexually explicit material appropriate as gifts excluding any minor by reason of age as prevailing practice; or

2)

Novelties, toys, books, or bondage kits for the intent as a gag gifts, excluding any minor by reason of age as prevailing practice.

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the state of Mississippi.

d.

Adult Video Recording Stores: An establishment or segment or section of an establishment which has as a substantial portion of its stock-in-trade and offers for sale or lease for any form of consideration any one (1) or more of the following:

1)

Film, videotape, or other video recordings, and customarily not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age as prevailing practice.

2)

Selling or displaying film, videotape, or other video recordings, and customarily not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age as prevailing practice.

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the state of Mississippi.

e.

Adult Motion Picture or mini-motion Picture Theaters: An establishment where, enclosed buildings or a section of a building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexually explicit material, for observation by patrons therein, or if such establishment is customarily not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age as prevailing practice.

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the state.

f.

Specified Anatomical Areas:

1)

Less than completely and opaquely covered:

a)

Human genitals, pubic region.

b)

Buttocks.

c)

Anus.

d)

That portion of the human breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola.

2)

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the state.

g.

Specified Sexual Activity: 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 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 part of or in connection with any of the activities set forth in this section.

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the state of Mississippi.

10.

Agricultural Industries. The processing, treating, packing or storing of agricultural products.

11.

Agriculture. The raising and keeping of field crops for any commercial purpose. "Agriculture" does not include animal husbandry, commercial forestry, greenhouse, nursery, or orchard.

12.

Alley. A public or private way affording only secondary means of access to abutting property.

13.

Alteration. As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

14.

Amusement Facility. Land or premises designed to be used by members of the public, for a fee, that contain outdoor amusements such as miniature golf course, golf driving ranges, merry-go-rounds, car race tracks, outdoor motion picture theaters, or similarly operated place.

15.

Animal Hospital. A building, structure, or area of land where animals are given medical care, other than the premises where such animals are normally kept.

16.

Animal Husbandry. The raising and keeping of livestock, fish, fur-bearing animals, honey bees, or poultry for any commercial purpose. The keeping of livestock, fish, fur-bearing animals, honeybees, or poultry as farm pets or for domestic purposes pursuant to the regulations of this Ordinance shall not be construed as animal husbandry.

17.

Arcade. A covered walkway/structural canopy extending along the entire length of the front facade of a commercial building.

18.

Auto Dealer, New. The use of any building, land area, or other premises or portion thereof, for the display, sale, or lease of new automobiles, panel trucks or vans, trailers, or recreational vehicles and including any warranty repair work or other repair service conducted as an accessory use. New auto dealerships as defined herein include the display, sale, and servicing of used vehicles provided the majority stock in trade consist of new vehicles which have never been titled.

19.

Auto Dealer, Used. The use of any building, land area, or other premises or portion thereof, for the display and sale of used automobiles, panel trucks or vans, trailers, or recreational vehicles.

20.

Auto, Recreation Vehicle, or Boat Sales Area. An open area, other than a street, used for the display, sale, or rental of new or used motor vehicles, recreation vehicles, or boats in operable condition, and where no major repairs are done.

21.

Auto Repair Garage. Buildings and land where gasoline and other automobile parts and supplies are sold at retail and where major auto repairs are conducted.

22.

Auto Service Station. Buildings and land areas where gasoline, oil, grease, batteries, tires or automobile accessories are supplied and dispensed at retail and where minor auto repairs and services are conducted. Uses permissible at a service station do not include major auto repairs and services.

23.

Auto Wrecking. The dismantling, crushing or disassembling of used motor vehicles or recreation vehicles, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.

24.

Bank. Includes Savings & Loan, Finance Companies, Credit Unions, and other similar enterprises.

25.

Bar Rooms. Any retail establishment principally offering alcoholic beverages for consumption on the premises and which are not an accessory use.

26.

Barrier. Any fence, wall, or other structure built to bar passage.

27.

Basement. A story in a building (excluding a subterranean building) which has a structural ceiling five (5') feet or more above the average level of finished grade abutting the exterior wall(s) fronting on any road. A basement shall be counted as one story in determining the permissible number of stories.

28.

Block. Property bounded on one side by a street, and on the other three (3) sides by a street, railroad right-of-way, public park, waterway, township line, tract of land held in separate ownership, or any combination thereof.

29.

Block Frontage. That portion of a block which abuts a single street.

30.

City Council. The City Council of D'Iberville.

31.

Boarding House (Rooming House, Lodging House). Any dwelling, or part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator, and where the occupants share common bathroom, cooking and eating facilities.

32.

Brewery. The land and buildings in which light wine or beer is manufactured or brewed for distribution to offsite retailers.

33.

Brewpub. The premises of any stand alone restaurant or hotel restaurant in which light wine or beer is manufactured or brewed for consumption exclusively on the premises.

a.

"Premises" for a brewpub operated by a stand alone restaurant means those areas normally used by the brewpub to conduct business and shall include the selling areas, brewing areas, and storage areas.

b.

"Premises" for the purpose a brewpub operated by a hotel restaurant means only those areas immediately adjacent and connected to the brewing facility where food is normally sold and consumed.

34.

Buffer Yard. A strip of land either fifteen feet (15') or twenty feet (20') in width, depending on the adjacent land use, which may be a part of the minimum setback distance and which is free of any principal or accessory building, parking, outdoor storage or any other use than open space.

35.

Building. Any structure having a roof supported by walls and intended for the shelter, housing, or enclosure of any individual, process, equipment, goods, or materials of any kind. "Building" is interpreted as including "or part thereof."

36.

Building Coverage. The ratio obtained by dividing the maximum horizontal cross-section of all principal and accessory buildings on a lot (including balconies and decks, covered porches, carports and breeze-ways, but excluding patios) by the total area of the lot upon which the buildings are located.

37.

Building Height. The vertical distance of a building measured from the point which is the mean level of the highest and lowest portion of the site covered by the building to the highest portion of the roof; or in the alternative, as expressed in number of stories where so regulated with a story not exceeding 14 feet clear span between floor and ceiling.

38.

Building Official. The administrative officer authorized by the City Council with the power and duty of enforcing the provisions of the Zoning Ordinance.

39.

Campground. Any lot, parcel, or tract of land upon which space is rented for one (1) or more tents, recreation vehicles, camping trailers, travel trailers, pickup coaches, motor homes, or any combination thereof for temporary occupancy.

40.

Carport. A building open on two (2) or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.

41.

Cellar. A part of the interior of a building (excluding a subterranean building) which has a structural ceiling less than five (5') feet above the average level of finished grade abutting the exterior wall(s) fronting on any road. A cellar shall not be counted as one story in determining the permissible number of stories.

42.

Cemetery. Includes a mausoleum or crematorium.

43.

Citizens Master Plan. The plan resulting from a 2006 post Katrina charrette whereby a plan for the redevelopment of the City was created.

44.

City. The City of D'Iberville.

45.

Commercial Forestry. Areas where trees are harvested for any commercial purpose.

46.

Commission. The Planning Commission of D'Iberville.

47.

Communication Tower. A tower, pole, mast or similar structure, either free standing or guyed with wire or cable, designed to accommodate an antenna, receiver or transmitter for the purpose of sending or receiving digital or analog signals.

48.

Comprehensive Plan. The document entitled 20 Year Comprehensive Development Plan or any part thereof, adopted by the D'Iberville City Council.

49.

Conditional Use. A use for which the Planning Commission may grant permission following a public hearing and findings of fact consistent with this Ordinance, provided the use complies with the conditions and standards required by this Ordinance.

50.

Condominium. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, created under the Mississippi Condominium Law.

51.

Construction. Includes the placing of construction materials in permanent position and fastening in a temporary or permanent position; includes the demolition of a pre-existing building, provided that further construction be diligently carried on.

52.

Conversion. To change or adapt land or structures to a different use, occupancy or purpose.

53.

Corner. The space between intersecting streets, the intersection of a street and an alley, the intersection of a driveway and an alley or the intersection of a street and a driveway.

54.

County. The County of Harrison.

55.

Curative Amendment. A proposed zoning amendment made to the City Council by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use or development of land in which he has an interest.

56.

Detached. A state of being surrounded on all sides by yards.

57.

Development Review Committee. The group of department heads and staff professionals for the City of D'Iberville that meet periodically to review, confer and coordinate regarding proposed developments within the city.

58.

District (or Zoning District). A portion of the territory of D'Iberville within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.

59.

DRC. An acronym referring to the Development Review Committee.

60.

Driveway. A privately owned and constructed vehicular access from a private or public street to three (3) or fewer off-street parking spaces.

61.

Dump. A site used primarily for the disposal by abandonment, dumping, burial, burning or other means and for whatever purpose of garbage, trash, junk, abandoned vehicles or parts thereof, or waste material of any kind.

62.

Dwelling (Residential Structure). A building containing one (1) or more dwelling units. The term "dwelling" shall be deemed to include a "Modular Home," but shall not be deemed to include a "Mobile Home" or "Manufactured Home".

a.

Single Family Detached Dwelling. A detached building containing only one (1) dwelling unit. The term "Single Family Detached Dwelling" shall be deemed to include a "Modular Home," but shall not be deemed to include a "Manufactured Home."

b.

Two-Family Dwelling. A detached building containing two (2) dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

c.

Multiple Family Dwelling. A building containing three (3) or more dwelling units. Each dwelling unit may be separately owned, provided that the area formed by the combined lots of all dwelling units in a multiple family dwelling shall comply with all of the requirements for that type of multiple family dwelling in that district.

1)

Low-Rise Multiple Family Building. A Multiple Family Dwelling which does not contain more than six (6) dwelling units, does not exceed three (3) stories in height, and in which each dwelling unit has an independent outside access.

a)

Garden Apartment. A Low-Rise Multiple Family Building in which individual dwelling units are entirely separated by vertical walls or horizontal floors.

b)

Townhouse. A Low-Rise Multiple Family Building in which each dwelling unit extends from ground to roof and contains two (2) points of independent outside access.

2)

Low-Rise Apartment. A Multiple Family Dwelling not exceeding three (3) stories in height, in which each dwelling unit shares a common outside access with at least one (1) other dwelling unit.

63.

Dwelling Unit (Housing Unit). One or more rooms intended to be occupied by one (1) family as separate living quarters, containing sanitary facilities, kitchen facilities, and having outside access directly from the dwelling unit or through a common access hall.

64.

Escort Service. An establishment where, for any form of consideration, companions for the purpose of accompanying another or others for protection, guidance, or courtesy are provided.

65.

Facade. A vertical exterior face or elevation of a building.

a.

Front Facade. Any facade with a public entry which faces a public right-of-way.

b.

Rear Facade. Any facade without a public entry that does not face a public right-of-way.

c.

Side Facade. Any facade without a public entry but facing a public right-of-way or any facade with a public entry but not facing a public right-of-way. A side facade typically connects a front facade with a rear facade.

66.

Factory Built Home. A Manufactured Home, a mobile home, or a modular home as those terms are defined herein.

67.

Family. One (1) or more persons (whether or not they are related by blood, marriage, or adoption) living together in a single dwelling and maintaining a common household. The term "family" shall be deemed to include any domestic employees or gratuitous guests, but shall not include any roomer, boarder, or lodger.

68.

Farmer's Market. An area where agricultural, horticultural and animal husbandry products are sold by two (2) or more enterprises.

69.

Farm Pond. A man-made body of water at least two thousand (2,000) square feet in area used for agricultural or recreational purposes.

70.

Fast Food Restaurant. A building in which food is prepared and served to the public for consumption, but where no waiters or waitresses take orders and serve food to seated patrons at tables, booths, or counters.

71.

Feather Flags. Feather flags shall mean any portable banner made of cloth, canvas, plastic, or other flexible material that is designed or intended to move or blow in the wind. The structure of which is constructed of a single plastic or metal shaft driven in the ground with or without a frame or other supporting structure that is vertically elongated and attached to the shaft. Additionally, feather flags are indicated in the following examples:

72.

Fence. A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof and prohibits through passage. The term "Fence" shall be deemed to include a wall.

73.

Fence, Decorative. Fencing that adds beauty and does not substantially block the view and maintains the open space characteristic provided for by zoning standards.

74.

Floodplain. A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation once in every one hundred (100) years.

75.

Floodway. The designated area of a floodplain required to carry the discharge waters of one hundred (100) year magnitude.

76.

Floodway Fringe. That portion of the floodplain outside the floodway.

77.

Floor Area (Gross Floor Area). The total area of all floors, as measured to the outside surfaces of exterior walls (or from the centerline of party walls separating two buildings), but excluding cellars, crawl spaces, garages, carports, attics without floors, open porches, balconies, and terraces.

78.

Garage. A building or part thereof used for the storage or parking of one (1) or more vehicles.

79.

Gate. A point of entry into an enclosed space or an opening in a fence that may prevent or control ingress and egress of the enclosed space.

80.

Gate, Self Closing. A gate which is kept in a normally closed position and is equipped with an approved device to ensure closing and latching after having been opened for use.

81.

General Merchandise Store. A building with less than ten thousand (10,000) square feet of floor area in which retail merchandise is sold, except for any type of business selling any type of merchandise which is specifically listed in this Ordinance.

82.

Government Services Facilities. Municipal, County, State, or Federal government buildings or facilities designed and intended to be occupied by the government or designed and intended for public use sponsored by such governments.

83.

Grade. The elevation of finished ground or paving.

84.

Group Home. A building occupied as a residence by no more than six (6) residents who receive twenty-four (24) hour resident supervision, licensed under an applicable State program.

85.

Hazardous Wastes. Those wastes where a significant potential exists for causing adverse public health or environmental impacts if the waste is handled, stored, transported, treated, or disposed of in a manner customarily accepted for ordinary solid wastes and subject to special State or Federal licensing.

86.

Home Occupation. An occupation for gain or support conducted in a residential dwelling in accordance with the provisions of Section 4.20.3 (B) of this ordinance.

87.

Hospital. A building used for the diagnosis, treatment or other care of human ailments. Unless otherwise specified, "hospital" shall be deemed to also include a sanitarium, sanatorium, clinic, medical center, or other equivalent use.

88.

Hotel. A building or group of buildings which contains six (6) or more rental units for overnight lodging of travelers or for the temporary occupancy of transients licensed under applicable laws, in which access to and from each room is through an interior door.

89.

Impervious Cover. Any area covered by a structure or other cover which is incapable of being penetrated by moisture.

90.

Intersection. A point where streets, roads, highways, alleys, and driveways meet or cross.

91.

Junk or Salvage. Any discarded material or articles (including scrap metallic or nonmetallic items, abandoned vehicles and equipment, paper, glass, containers, and structures). It shall not include refuse or garbage kept in a proper container for the purpose of prompt disposal.

92.

Junk Yards (Salvage Yards). Any land or structure where junk or salvage is discarded, bought, sold, exchanged, sorted, bailed, cleaned, packed, disassembled, or handled. "Junk Yards" but not including those structures where used furniture or household equipment is stored, bought, or sold, nor those structures or land where automobiles not abandoned are stored, bought, or sold.

93.

Kennel. Any lot on which six (6) or more adult (over six months of age) dogs or cats are kept.

94.

Kitchen Facilities. Shall consist of the following: sink with piped water, a permanent cook stove and a refrigerator.

95.

Landowner. The owner of a legal or equitable interest in land, including the holder of any option or contract to purchase (whether or not such option or contract is subject to any condition) or a lessee if he is authorized under the lease to exercise the right of the landowner.

96.

Lodging House. See "Boarding House."

97.

Lingerie Store with Modeling Inside. Any establishment which having as a substantial or significant portion of its stock in trade of fashionable and alluring women's undergarments in which the garments are modeled by a live person.

98.

Lot. Any parcel or tract of land intended as a unit of ownership, transfer of ownership, use, rent, improvement or development. Contiguous nonconforming lots under common ownership shall be considered one lot.

a.

Corner Lot. A lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than one hundred thirty-five (135?) degrees.

b.

Interior Lot. A lot other than a corner lot (whose sides do not abut a street).

c.

Reverse Frontage Lots. Lots which front on one public street but provide vehicular access solely from another public street at the rear of the lot.

d.

Through Lot. An interior lot having frontage on two (2) streets.

99.

Lot Area. The area contained within the lot lines, excluding space within all existing and future road rights-of way.

100.

Lot Depth. The mean average horizontal distance between the front and the rear lot lines.

101.

Lot Lines. The property lines bounding the lot.

a.

Front Lot Line (Street Line). A lot line separating the lot from an existing or future street right-of-way (whichever contains a greater right-of-way width).

b.

Rear Lot Line. A lot line opposite and most distant from the front lot line. [A three (3) sided lot has no rear lot line.]

c.

Side Lot Line. Any lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.

102.

Lot Width. The horizontal distance between the side lot lines measured along the minimum prescribed front yard setback line as set forth in the Zoning Ordinance.

103.

Lounges. Any retail establishment principally offering alcoholic beverages for consumption on the premises and which are not an accessory use.

104.

Major Auto Repairs. Include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations.

105.

Major Road. A major street provides easy access to the various traffic generators within the city or county and to the arterial highway system. The design of major streets includes a right-of-way 120 feet wide and a pavement width of 63 feet measured from back of curb to back of curb.

106.

Manufactured Home. A structure defined by and constructed in accordance with the National Manufactured Housing and Construction and Safety Standards Act of 1974, as amended, 42.USC 5401, et seq., and manufactured after June 15, 1976, and designed to be used as a single family residential dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this code and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Uniform Standards Code for Factory Built Homes Law, State of Mississippi. A mobile home is not a manufactured home except as hereinafter-provided.

107.

Manufactured Home Foundation: The site built supporting parts upon which the manufactured home is placed, whether constructed to encompass the perimeter of the home or in the form of piers and including all exterior materials required to physically screen, veneer or shield from such support, extending at a minimum from the ground surface to the bottom portion of the exterior wall surfaces of the home.

108.

Manufactured Home HUD-Code (Building Code Standard for Manufactured Housing): The Manufactured Home Construction and Safety Standards (24CFR3280), promulgated by the Secretary of U. S. Department of Housing and Urban Development, in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (the HUD Code), is recognized herein as the standard of manufactured home construction, strength, durability, energy performance, fire residence, installation and performance of plumbing and electrical systems which code shall not be preempted by any state or local building codes.

109.

Manufactured Home Park. A parcel of land under single ownership which has been planned and improved for the placement of two (2) or more manufactured homes for non-transient residential use.

110.

Manufactured Home Subdivision: The division of any tract or parcel of land, including frontage along an existing street or highway, into two or more lots, plots, or other divisions of land for the purpose, whether immediate or future, of the placement of manufactured housing for dwelling purposes.

111.

Manufactured Housing Land-Lease Community: A parcel of land under single or multiple ownership, but single management, that has been planned and improved for the placement of manufactured housing for dwelling purposes. A manufactured home land-lease community shall only include developments wherein manufactured housing sites are leased or rented and/or wherein manufactured houses and sites are leased or rented.

112.

Massage Parlor. Any establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar profession person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where message or similar manipulation of the human body is offered as an incidental or accessory service.

113.

Medical Office Building. A building used exclusively by physicians or dentists for treatment and examination of patients, provided that no overnight patients shall be kept on the premises.

114.

Member. A structural component part of a whole fence.

115.

Membership Club. An area of land or building owned, leased or occupied by an association of persons, operated solely for a recreational, social, fraternal, religious, political or athletic purpose, and whose activities are confined to the members and guests and are not extended to the general public.

116.

Mineral Extraction. A site where a mineral, stone, sand, gravel, or topsoil is extracted.

117.

Minor Auto Repairs and Services. Includes:

a.

Sale and servicing of spark plugs, batteries, distributors and distributor parts, and ignition components;

b.

Tire servicing and repair, but not recapping or regrooving;

c.

Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;

d.

Radiator cleaning and flushing;

e.

Washing and polishing, and sale of automotive washing and polishing materials;

f.

Greasing and lubrication;

g.

Providing and repairing fuel pumps, oil filters and lines;

h.

Minor servicing and repair of carburetors and fuel injection systems;

i.

Emergency electrical repairs;

j.

Adjusting and repairing brakes;

k.

Minor motor adjustment not involving removal of the head or crankcase or racing the motor;

l.

Mini grocery store with sales of packaged foods, beverages, tobacco and similar convenience goods for filling station customers, as accessory to principal operation; and

m.

Provision of road maps and other informational material to customers; provision of restroom facilities.

118.

Mobile Food Vendor. Any individual selling foods, other than fresh fruits or vegetables, from any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand, display, blanket, ground covering, or other device designed to be portable and not permanently attached to the ground and is independent with respect to water, sewer, and power utilities. Said units may also contain equipment, used for the preparation and/or sale of food products and is closed up when not in operation. Mobile food vendors do not include catering services.

119.

Mobile Home. A structure manufactured prior to June 15, 1976, and that is not constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42USC5401, et seq.

120.

Modular Home: Factory fabricated dwelling designed and constructed without carriage or hitch; as stationary house construction for placement upon permanent foundations, to be connected to utilities, for year-round occupancy. It can consist of one or more components that can be retracted when transported and subsequently expanded for additional capacity, or of two (2) or more units separately transportable but designed to be joined into one (1) integral unit must meet the minimum construction standards for house construction as specified by International Building Code at the current standards.

121.

Motel. A building or group of buildings which contains six (6) or more rental units for overnight lodging of travelers or for the temporary occupancy of transients licensed under applicable laws, in which access to and from each room is through an exterior door.

122.

Motor Freight Terminal. The building plus contiguous space to which freight is brought for transfer, assembly and sorting for shipment by motor truck.

123.

Museum. A building having public significance due to its architecture or former use or occupancy, or a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged or intended for viewing by the public.

124.

New construction. The first placement of permanent construction on a site, such as the pouring of slabs or footings, or any work beyond the stage of excavation. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof or its pilings or foundation, or the affixing of any prefabricated structure or modular or manufactured home to its permanent site. Permanent construction does not include land preparation, land clearing, grading, filling, excavation for basements, footings, piers, or foundations, erection of temporary forms, installation of sewer, gas, and water pipes, or electric or other service lines from the street, or existence on the property of accessory buildings such as garages or sheds, not occupied as dwelling units or not a part of the main structure.

125.

Nightclub. Any places of entertainment principally offering alcoholic beverages for consumption on the premises, which may provide a floor show and music as well as a place for dancing and which are not an accessory use.

126.

Nonconforming Lot. A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this Ordinance or is legally established through the granting of a variance by the Board. Contiguous nonconforming lots under common ownership shall be considered one (1) lot.

127.

Nonconforming Structure. A structure which could not be built under this Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, but was lawfully in existence prior to the effective date of this Ordinance.

128.

Nonconforming Use, Building, or Yard. A use, building, or yard which does not comply with the applicable use provisions of this Ordinance, but which was lawfully in existence prior to the effective date of this Ordinance.

129.

Nursery/Greenhouse. The raising of trees (for transplanting), ornamentals, shrubs, flowers, or houseplants for any commercial purpose.

130.

Nursing Home. A building containing sleeping rooms used by elderly persons who are lodged and furnished with meals with or without nursing care. Unless otherwise specified, a "nursing home" shall be deemed to also include a convalescent home, rest home, life care community, or other similar use.

131.

Office (general). A building in which a business is conducted, but no merchandise is displayed or professional or personal services are performed.

132.

Official Zoning Map. The map as adopted or amended by the City Council designating the location and boundaries of zoning districts.

133.

Open Space. The area of a lot unoccupied by principal or accessory structures, streets, driveways, or parking areas; but includes areas occupied by walkways, patios, porches without roofs, playgrounds, outdoor recreation or play apparatus, gardens or trees.

134.

Open Space, Common. A parcel or parcels of land, or an area of water, or a combination of land and water within a development site which is designed and intended for the use or enjoyment of residents of a development.

135.

Orchard. The raising and keeping of tree crops for any commercial purpose, including a Christmas tree farm.

136.

Ordinance. The D'Iberville Zoning Ordinance, including the Official Zoning Map, and any amendments enacted by the City Council.

137.

Palm Reader, Astrologer, Fortune Teller, Tarot Card Reader, and the like. An establishment offering, for any form of consideration, advice, predictions, or interpretations of the lines on the palm of the hand, the positions and aspects of celestial bodies, or cards for the specific purpose of predicting future events or human affairs.

138.

Park. Any area which is predominantly open space, is used principally for active or passive recreation, and is not used for a profit-making purpose.

139.

Parking Facilities. Outdoor areas or specifically designed buildings or garages used for the storage of vehicles.

140.

Patio. An area or courtyard which is not covered by a roof or permanent awning, and is designed for outdoor living purposes as an accessory use to a structure.

141.

Permit. A document issued by the proper D'Iberville official authorizing the applicant to undertake certain activities.

a.

Zoning Permit. A permit issued indicating that a proposed use, building or structure is in accordance with the Zoning Ordinance which authorizes an applicant to proceed with said use, building, or structure.

b.

Building Permit. A permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with the construction provisions of any Building Code which may be adopted by the City Council which authorizes an application to commence with said construction, alteration, repair or reconstruction.

c.

Occupancy Permit. A permit issued upon completion of the construction of a structure, or change in use of structure or parcel of land, or reoccupancy of a structure or land indicating that the premises comply with the provisions of the Zoning Ordinance and may be used for the purposes set forth in the Occupancy Permit.

142.

Permitted Use. A use permitted in a district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this ordinance.

143.

Person. An individual, partnership, organization, association, trust, or corporation. When used in a penalty provision, "person" shall include the members of such partnership, the trustees of such trust, and the officers of such organization, association, or corporation.

144.

Personal Service. A building in which a business provides a service oriented to personal needs which do not involve primarily retail sales of goods or professional advisory services. Personal services include barber and beauty shops, shoe repair shops, household appliance repair shops, and other similar establishments.

145.

Planned Development. An area of land under single ownership containing any combination of two (2) or more principal uses permitted by right or as a conditional use in the district, in which the development is proposed, provided a conditional use approval must be obtained for any proposed use so listed in the regulations of the district in which the development is proposed.

146.

Planning Commission. The Planning Commission for D'Iberville.

147.

Pool Hall. Any commercial establishment which derives significant or substantial income from the operation of pool tables, billiard tables, or similar devices, and which permits the consumption of alcoholic beverages on the premises.

148.

Porch. A roofed or unroofed structure projecting from the front, side, or rear wall of a building.

149.

Principal Building. The building in which the principal use of a lot is conducted.

150.

Principal Use. The single dominant use or single main use on a lot.

151.

Professional Office. A building in which services are performed by a member of a profession, including but not limited to an accountant, architect, author, community planner, dentists, engineer, insurance agent, landscape architect, lawyer, minister, notary, optometrist, physician, realtor, or undertaker.

152.

Public Facilities. Any facility necessary for the operation or maintenance of a local government unit or a public utility as defined by the laws of the State of Mississippi.

153.

Radio/TV Transmitter. Any structure used for the transmission or retransmission of a commercial radio or TV broadcast signal.

154.

Recreational Vehicle. A vehicle (regardless of size) which is designed as a temporary dwelling for travel, recreational and vacation uses (regardless of whether it is self-propelled or is designed to be towed or carried by another vehicle). "Recreation Vehicle" includes any "Travel Trailer" or "Travel Unit."

155.

Rental Unit. One or more rooms intended to be occupied by one (1) family as separate living quarters, but does not contain one (1) or more of the following: sanitary facilities, kitchen facilities or direct access from the outside or through a common hall.

156.

Restaurant. A building in which food is prepared and served to the public for consumption, where waiters or waitresses take orders and serve food to people at tables, booths, or counters.

157.

Retail Center. A building with ten thousand (10,000) square feet or more of floor area in which retail merchandise is sold, except for any type of business selling any type of merchandise which is specifically listed in this Ordinance.

158.

Retail Store. A building with less than five thousand (5,000) square feet of floor area in which retail merchandise is sold, except for any type of business selling any type of retail merchandise which is specifically listed in this Ordinance.

159.

Retail Strip. A building being utilized by more than three separate tenants, which are located in separate suites of the same building.

160.

Riding Stable. The commercial boarding or hacking of six (6) or more horses.

161.

Right-of-Way. Land reserved for the public or others for future use as a street or other means of access.

162.

Rooming House. See "Boarding House."

163.

Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

164.

Sanitary Facilities. All of the following: sink with piped water, a toilet, and a bathtub or shower with piped water.

165.

Sanitary Landfill. An area where garbage, trash, or junk is disposed of by burial in conformance with State regulations, but shall not include the disposal of hazardous materials or radioactive materials.

166.

Screen. A fence or natural obstruction of sufficient height (but not less than six (6) feet high) to effectively visually obscure the area being screened from adjoining areas.

167.

Seasonal Roadside Produce Market. An accessory use for the sale of dairy, farm, greenhouse, or nursery products.

168.

Sewage Disposal System. A system designed to collect, treat, and dispose of sewage from users in compliance with regulations of the appropriate state agency and of the City Council.

a.

Centralized Sewage Disposal System. A Sewage Disposal System which collects, treats, and disposes sewage from more than one (1) dwelling, principal use, or lot.

b.

On-Site Sewage Disposal System. A Sewage Disposal system which collects, treats, and disposes of sewage within the confines of the individual property served.

169.

Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. A sign shall not be used as the principal or primary use of the property.

a.

Abandoned Sign. A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessee, owner, product or activity conducted or product available on the premises where such sign is displayed and which has existed as such for a period of six (6) months or more.

b.

Banner Sign. A sign made of canvas or other approved flexible materials, with or without a structural frame, and attached to a building, canopy, pole or other structure.

c.

Billboard. A freestanding structure used for outdoor advertising which is designated, intended, or used to advertise or inform and is customarily erected and owned by an outdoor advertising entity for the purpose of providing advertising space whether by lease or by charitable donation.

d.

Digital Billboard. A Billboard as defined herein and uses exclusively liquid crystal display ("LCD"), plasma, light emitting diode ("LED"), or similar electronic technology for providing content to the billboard.

e.

Digital Sign. A sign that employs the use of any type of digital, light emitting diode ("LED"), liquid crystal display ("LCD") plasma, electrical or similar technology to display or project multiple messages or advertisements on a sign structure.

f.

Exempt Sign. Any sign designated as exempt from the permit requirements of these regulations.

g.

Freestanding Sign. A sign which is supported by uprights or braces upon the ground and not attached to any building or structure.

h.

Group Sign. A composite sign, the total perimeters of which shall be deemed a single unit.

i.

Mobile Billboard. One or more advertising display structures that are mounted upon, painted upon, or otherwise erected on a trailer, truck, automobile, or other vehicle for the primary purpose of advertising.

j.

Mobile Sign. A sign not exceeding one hundred (100) square feet in area per display face and not exceeding twelve (12) feet in height to the top thereof above the surrounding ground level and specifically designed to be of a temporary nature and capable of being transported to various locations. The subject matter of such signs shall be related to products, accommodations or services available within one thousand (1,000) feet of the location of the sign; or shall be in the nature of an announcement of general public interest.

k.

Monument Sign. A freestanding sign supported by internal structural components and encased in a decorative cabinet or cabinet like structure for aesthetic purposes or framed with landscaping. A monument sign is also described as being low to the ground, typically with the bottom edge of the sign being within twenty four to thirty six inches from the ground.

l.

Nit. A unit of illuminative brightness equal to one candle per square meter, measured perpendicular to the rays of the source.

m.

Portable Sign. A sign which may be allowed for a maximum of sixty (60) days per year at any location for a specific event not to exceed thirty (30) days' continuous usage at any one time.

n.

Projecting Sign. A sign which is erected or supported on the wall of a building or other structure and projects from same.

o.

Sidewalk Sign. A sign which is temporary in nature, that is not secured to the ground, and constructed in such a manner as to form an "A" or tent-like shape used for the purpose of business advertising on the angular sides.

170.

Sign Area. The entire advertising area of a sign excluding any framing, trim, or moulding, and the supporting structure.

171.

Site Alteration. Includes regarding the existing topography, filling lakes, ponds, marshes or floodplains, clearing vegetation or altering watercourses.

172.

Story (and Half-Story). That portion of a building, included between the surface of any floor and the ceiling next above it, having a vertical distance of not less than seven (7') feet shall be considered a full story. Any such portion of a building having a vertical distance of less than seven (7') feet shall be considered a half-story. Basements shall be considered full stories while cellars shall not be considered as being stories or half-stories.

173.

Street. A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, parkway, lane, boulevard, highway, road and any other thoroughfare except an alley, access drive, or driveway.

a.

Arterial. Streets designed primarily to carry medium to heavy volumes of traffic at moderately high speeds, and generally should not provide access to land which would interfere with their primary traffic functions. Arterial Streets are so designated on the Street Classification Map within the Comprehensive Plan.

b.

Collector. Streets designed to carry a moderate volume of traffic between Local Streets and Arterials at moderate speeds, and provide only limited vehicular access to the abutting properties. Collector Streets are those streets which are so designated on the Street Classification Map within the Comprehensive Plan.

c.

Local. Streets designed to provide direct access to abutting properties or gather traffic from marginal access streets which are so designated on the Street Classification Map within the Comprehensive Plan.

174.

Structure. Any man-made object having an ascertainable, stationary location on or in land or water, whether or not affixed to the land. The term structure shall include: building, signs, fences, walls, towers, swimming pool, porches, garages, and similar structures. "Structure" shall be interpreted as including the words "or part thereof."

175.

Subterranean Building. A building covered by land on at least fifty (50%) percent of the total surface of its walls and roof.

176.

Swimming Club. An area containing a swimming pool which is used by the public or by members for a fee.

177.

Swimming Pool. A pool of water 24 inches or greater in depth either indoors or outdoors and is used for swimming or water-related recreations. This also includes spas and hot tubs.

a.

Private Pool. A swimming pool appurtenant to a single-family or duplex residence and used only by the occupants of the residence and their guests.

b.

Semipublic Pool. A swimming pool that is privately owned and open only to an identifiable class of persons, including, but not limited to, motel guests, apartments residents and club members.

178.

Tattoo and/or Body Piercing Parlor. An establishment whose principle business activity, either in terms of operation or as held out to the public is the practice of one or more of the following:

a.

Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use needles or other instruments designed to contact or puncture the skin;

b.

Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

179.

Temporary Occupancy (Seasonal Occupancy). The use of any premises or structure for living and/or sleeping purposes for less than one hundred (100) consecutive days in any calendar year.

180.

Temporary Structure. A structure which is not designed to last or to be used for a specific use for more than one (1) year.

181.

Theater. A building or part thereof devoted to showing motion pictures, or for dramatic, music, dance, musical, or other live performances.

182.

Thrift Store. A profit or non profit business or organization that engages in the sale of used clothing, household goods, furniture, or appliances. This classification does not include antique shops.

183.

Trailer. See "Manufactured Home" (listed under "Dwelling") and "Recreation Vehicle."

184.

Travel Trailer. See "Recreation Vehicle."

185.

Urban Bank. A place of business providing financial services including, but not limited to, that of lending money against automobile titles, advance check cashing, or other financial activities which are not regulated by the Federal Deposit Insurance Corporation.

186.

Use. Any activity, occupation, business, or operation carried on or intended to be carried on in a structure or on a lot.

187.

Variance. The granting of permission by the Planning Commission to use or alter land or structures which requires a variation from the strict application of a requirement of the Zoning Ordinance. Variances are granted only in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby strict application of regulations would result in practical difficulty and unnecessary hardship. Variances are granted only if specific requirements are met. A variance may not be granted to permit a use which is not permitted in the Zoning District involved.

188.

Veterinarian Office. See "Animal Hospital."

189.

Visibility Range. The distance required to afford proper vision for pedestrian and vehicular traffic at intersections and/or corners.

190.

Wall Area. The total square feet of the exterior elevation of the building that is vertical to the ground.

191.

Water Supply System. A system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the City of D'Iberville, and may further be defined within one or more of the following categories:

a.

Centralized Water Supply System. A Water Supply System which transmits water from a common source to more than one (1) dwelling, principal use, or lot.

b.

On-Site Water Supply System. A Water Supply System which transmits water from a source on the lot to one (1) dwelling or principal use within the confines of the same lot.

192.

Wildlife Sanctuary. Includes nature center, indoor or outdoor education laboratory, woodland preserve, or arboretum for wildlife of any type, whether land or sea creature.

193.

Yard. An open space on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the depth of a front yard, the minimum horizontal distance between the building site and the lot line shall be used. A "yard" extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such building is located.

a.

Front Yard. A yard extending along the whole length of the front lot line between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than steps, planter boxes, unenclosed porches and driveways.

b.

Rear Yard. A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than steps, unenclosed balconies, unenclosed porches or driveways.

c.

Side Yard. A yard extending along the side lot line from the front yard to the rear yard, being the minimum horizontal distance, measured at the building line, between any building or projections thereof except steps or driveways and the side lot line.

194.

Zone. See "District."

195.

Zoning District Map. The map incorporated into this article as a part hereof by reference thereto.