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.

1.

Accessory building or structure. 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. Accessory structures include cabanas, carports, decks, fences, garages, gazebos, guest houses, outdoor kitchen facilities, monuments, pergolas, play structures, pool houses, storage buildings, studios, swimming pools, trellises, workshops, and other similar structures. Accessory structures not permitted include carports not permanently installed, portable storage containers for permanent use, shipping containers, rail cars, and other similar modular and/or portable structures.

2.

Accessory use. A use or activity which is a subordinate part of a primary use and which is customarily incidental to a primary use on a site.

3.

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.

4.

Alteration. Refers to any change or modification to an existing sign, but shall not include routine maintenance, painting, or change of copy of an existing sign.

5.

Alternative tower structures. Man-made trees, clock towers, bell steeples, light poles and other monopoles and similar alternative design mounting structures that are compatible with the natural setting and surrounding structures, and camouflages or conceals the presence of antennas and/or towers. This term also includes any antenna or antenna array attached to the alternative tower structure.

6.

Alteration. Any change because of construction, repair, maintenance or other means to a landmark site or to a building located within a historic district or designated as a landmark.

7.

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

8.

Applicant. The record owner of a landmark, landmark site or building or buildings within a historic district or the lessee thereof with the approval notarized of the owner of record, or a person holding a "bona fide" contract to purchase same who makes application for a certificate of appropriateness under this section.

9.

Architectural detail. An architectural detail is any projection, relief, change or material, window or door opening of any building.

10.

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.

11.

Awning. Refers to a temporary hood or cover which projects from the wall of a building and of a type which can be retracted, folded, or collapsed against the face of a supporting building.

12.

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

13.

Bed and breakfast residence facility. An owner-occupied or resident manager run bed and breakfast establishment wherein units are rented to transient guests on an overnight basis and wherein breakfast is the only meal served to these guests.

14.

Bed and breakfast residence facility with commercial meeting privileges. A bed and breakfast residence where commercial meetings such as weddings, banquets, luncheons, meetings, parties, fund raisings, or other gatherings for compensation are permitted on site.

15.

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.

16.

Boardinghouse 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.

17.

Buffer area. An area which acts as a separation area between two (2) more non-compatible districts.

18.

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

19.

Building. Any building or other structure built for shelter or enclosure of persons, animals or chattels, including fences, signs, paving and boundary walls, and any part of any such building or structure when subdivided by division walls or party walls extending to or above the roof and without openings in such separate walls. The term "building" shall be construed as if followed by the words "or any part thereof."

20.

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 location to another.

21.

Building facade. The face or faces of a building oriented in the same direction, or within a forty-five (45) degree angle of the same direction, or including roof and wall.

22.

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

23.

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.

24.

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.

25.

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

26.

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

27.

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

28.

Build-to zone. The build-to zone is the area on the lot where a certain percentage of the front building facade must be located, measured as a minimum and maximum setback range from the edge of the right-of-way.

(1)

The required percentage specifies the amount of the front building facade that must be located in the build-to zone, measured based on the width of the building divided by the width of the lot.

(2)

On a corner lot, a building facade must be placed within the build-to zone for the first 30 feet along the street extending from the block corner, measured from the intersection of the two right-of-way lines.

29.

Canopy. A permanently attached roof structure projecting from and supported by a building, when such covered structure extends beyond the building, building line or property line. The term canopy shall include theater marquee.

30.

Certificate of appropriateness. A document evidencing the approval of the commission for work proposed by an applicant.

31.

Character. Any letter of the alphabet or any numeral.

32.

City council. The mayor and city council of the City of Greenwood, Mississippi.

33.

Clearance (of a sign). The smallest vertical distance between the grade of the adjacent street, sidewalk, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

34.

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. Any fence, wall, or other material, except live shrubbery, shall be painted or colored, or otherwise aesthetically pleasing, which contains no advertising sign or symbol. Any live shrubbery used shall be a hearty species 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.

35.

Conditional use. A use for property permitted by the zoning ordinances but which must be requested by the property owner and approved by the planning commission.

(1)

No conditional use may be considered by the planning commission until after a public hearing is held in relation thereto before the commission, at which hearing, parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or papers of general circulation in Greenwood, Leflore County, Mississippi. The action of the planning commission shall be final subject to appeal or review as provided for in article VIII, section 4. Each property owner requesting a conditional use permit shall file a petition therefor with the city building official and an administrative fee shall be paid to the city clerk by the property owner requesting the conditional use permit.

(2)

No conditional use shall become effective until reviewed and approved by the city council. The action of the city council shall be final subject to appeal as provided by law. Each property owner requesting a special use exception shall file a petition therefor with the city building official and a fee to cover the cost of legal publication in the amount of twenty dollars ($20.00) shall be paid to the city clerk by the property owner requesting the special use exception.

36.

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

37.

Construction. The erection of any on-site improvement to a landmark or to a building or any parcel of ground located within a historic district or on a landmark site, whether the site is presently improved or unimproved, or hereafter becomes unimproved by "demolition," "demolition by neglect" or as a result of destruction of an improvement located thereon by fire, windstorm or other casualty, or otherwise.

38.

Construction sign. A sign identifying a contractor or contractor's work on a development under construction, or materials being used in a development under construction.

39.

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

40.

Day nursery. A place where six (6) or more nonrelated children are left for care a part of the twenty-four (24) hours of the day.

41.

Demolition. The complete or constructive removal of a building on any site.

42.

Demolition by neglect. Neglect in the maintenance of any building or structure which is a historic landmark or which is within a historic district which results in deterioration.

43.

Department store. A large retail establishment selling various types of merchandise and service and organized by departments.

44.

District. Any zoning district established by this ordinance.

45.

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

46.

Dwelling, single family. A dwelling designed to be exclusively occupied by one family.

47.

Dwelling, two family. A dwelling designed to be occupied by two families living independently of each other.

48.

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

49.

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

50.

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.

51.

Earthworks. Any subsurface remains of historical, archaeological, or architectural importance or any unusual ground formations of archaeological significance.

52.

Enclose. To be completely within a building or fence. The occupancy of which, or storage of material, things, or objects shall not create a nuisance to adjoining property by reason of vibration, noise, odor, dust, smoke, or fumes.

53.

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.

54.

Exterior features. The architectural style, general design and general arrangement of the exterior of a building or other structure, including the color, the kind and texture of the building material and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures and natural features such as live trees.

(1)

In the case of outdoor advertising signs, "exterior features" shall be construed to mean the style, material, size, color, and location of all such signs.

(2)

Live trees larger than six (6) inches in diameter at a point five (5) feet above the ground shall be considered as exterior features.

55.

Facade. The entire building front including the parapet.

56.

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

57.

Flags. Refers to devices generally made of flexible materials such as cloth, paper or plastic, and displayed on a flagpole.

58.

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.

59.

Frontage. The length of the property line of any one lot of record or unified site serving as a right of way line.

60.

Frontage wall face. The building facade, excluding parapet, fascia, soffit, mansard (roof type), and roof, which faces a frontage of the premises.

61.

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

62.

Garage, private. An accessory building or a part of a main building used for storage purposes for one or more automobiles.

63.

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.

64.

Garage sale (including the terms estate sale, rummage sale, and yard sale). Any display of used goods on a property located in a residential zone. The persons conducting the sale shall reside at the property on which the sale is being conducted and shall obtain a permit for such sale.

65.

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.

66.

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

67.

Governing authority. The mayor and commissioners of Greenwood, Mississippi.

68.

Grocery or supermarket. A retail establishment selling supplies for the table such as spices, canned and frozen goods, fresh produce and meats and other household articles.

69.

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

70.

Height. As applied to a sign, height 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 at the ground level curb line.

71.

Historic district. An area designated by the commission and approved by the city through an ordinance which contains a geographically definable area, urban or rural, possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development, and which meet at least one of the following criteria:

(1)

Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state, county or city; or

(2)

Is identified with historic personages or with important events in national, state or local history; or

(3)

Embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period, style, method of construction or use of indigenous materials or craftsmanship; or

(4)

The historic districts of the City of Greenwood covered by this chapter are: the Cotton Row Historic District, the Central Commercial and Railroad Historic District, the Williams Landing Eastern—Downtown Residential Historic District, the River Road and Western Downtown Residential Historic District, and the Grand Boulevard Historic District.

72.

Historic resources as recognized by the National Register of Historic Places. Historic resources consist of separate and aggregate buildings, districts, structures, sites and objects, and are defined below:

(1)

Building means a structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. Buildings may refer to a historically related complex such as a courthouse and jail or a house and barn.

(2)

District means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development.

(3)

Structure means a work made up of interdependent and interrelated parts in a definite pattern of organization. Constructed by man, it is often an engineering project large in scale. Examples: bridges, lighthouses, water towers.

(4)

Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Examples: steamboats, dredges.

(5)

Site means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structures. Examples: battlefields, Indian mounds.

(6)

For the intents and purposes of this section, the definition of a National Register district corresponds as a "historic district;" buildings, structures or objects correspond as a "landmark," and the definition of a National Register site corresponds as a "landmark site."

73.

Hobby. An accessory use carried on by the occupant of the premises in a shop, studio, or other workroom, purely for personal enjoyment, amusement, or recreation; provided that the articles produced or constructed in said shop, studio, or workroom 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.

74.

Home occupation. Any occupation which is customarily 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 provided that no person is employed other than a member of the immediate family residing on the premises; providing further that 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 barbershops, shall not be considered home occupations.

75.

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.

76.

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 bonds, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobile or airplane tires, and other manufactured goods that are so worn, deteriorated, or obsolete as to make them unusable in their existing condition; subject to being dismantled for junk.

77.

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

78.

Landmark. An improved parcel of ground with a building, structure and/or object designated by the commission and approved by the city through an ordinance which possesses particular historic, architectural, or cultural significance by meeting at least one of the following criteria:

(1)

Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state, county or city; or

(2)

Is identified with historic personages or with important events in national, state or local history; or

(3)

Embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period, style, method of construction or use of indigenous materials or craftsmanship; or

(4)

Is representative of the notable work of a master builder, designer, or architect whose individual ability has been recognized or who influenced said person's age.

79.

Landmark site. An unimproved or improved parcel of ground designated by the commission and approved by the city through an ordinance, which possesses particular historic, architectural or archaeological significance by meeting at least one of the following criteria:

(1)

Exemplifies or reflects the broad cultural, political, economic or social history of the nation, region, state, county or city; or

(2)

Is identified with historic personages or with important events in national, regional, state or local history; or

(3)

Embodies distinguishing characteristics of an architectural type or is a specimen inherently valuable for the study of a period, style, method of construction or use of indigenous materials or craftsmanship; or

(4)

Has yielded, or may be likely to yield, information important in prehistory or history.

"Landmark sites" differ from "landmarks" in that the physical location, not the building or structure, possesses primary significance. Although some of the criteria for "landmark sites" parallels the criteria for "landmarks," "landmark sites" which are accompanied by buildings or structures which do or do not possess significance related to the site, may appear eligible as "landmarks" but must be classified as "landmark sites." For the purposes of this section, therefore, "landmark sites" encompasses prehistoric or historic sites on unimproved or improved parcels of land.

80.

Light industrial manufacturing. Manufacturing that includes but is not limited to facilities for the manufacture of parts or accessories for heavy-duty equipment, automobile, trucks or other motor vehicles; furniture and home decorative accessories; small appliances; electrical hand tools and saw blades; agricultural sprayers and aeration equipment; duct work for heating and air units; and commercial and residential kitchen appliances and accessories.

81.

Logo. A business symbol or trademark.

82.

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

(1)

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

(2)

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

(3)

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

(4)

Lot, interior. A lot other than a corner lot.

(5)

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

(6)

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

(7)

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

(8)

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

(9)

Lot of record. A lot, the plat of which has been recorded in the office of the Chancery Clerk of Leflore County.

83.

Maintenance. For the purpose of this guideline, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

84.

Manufactured home. A structure defined by, and constructed in accordance with, the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USCS 5401 et seq.), and manufactured after June 14, 1976.

85.

Menu board. A permanently mounted structure displaying the bill of fare of a restaurant.

86.

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 provisions of public health services.

87.

Medical planned unit development. Situated within an area bounded on the south by the C & G Railroad, on the north by River Road, on the east by the C-2 community commercial district (central business district), and on the west by the C-1 neighborhood commercial district.

88.

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.

89.

Mobile home park. A contiguous parcel of land which has been planned and improved for the placement of mobile homes for non-transient use.

90.

Mobile home stand or pad. The area for locating a single mobile home unit.

91.

New and used car dealership and mobile home sales agency. Any business which offers for sale to the public new or used automobiles, trucks, mobile homes, camping trailers, or similar products, and any lot or area which is used to display automobiles, trucks, mobile homes, camping trailers, or similar products for sale to the public.

92.

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.

93.

Occupancy. The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.

94.

Ordinary repairs or maintenance. Work done to prevent deterioration of a building or any part thereof by restoring the building as nearly as practicable to its condition prior to such deterioration, decay or damage.

95.

Owner of record. The owner of a historic resource reflected on the current county or city tax roll.

96.

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

97.

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

98.

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.

99.

Parking area, semipublic. 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 semipublic institutions, schools, churches, hospitals, and noncommercial clubs.

100.

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

101.

Pennant. A tapered or dovetailed banner or flag or a string of small tapered banners or flags.

102.

Planning commission. The Greenwood planning commission.

103.

Premises. Any lot or unplatted tract, or any combination of contiguous lots or unplatted tracts held under single ownership, including the structure or structures occupying it.

104.

Primary building or structure. A structure or combination of structures of chief importance or function on a site. In general, the primary use of the site is carried out in a primary building. The difference between a primary and accessory building or structure is determined by comparing the size, placement, similarity of design, use of common building materials, and the orientation of the structures on a site.

105.

Primary use. An activity or combination of activities of chief importance on the site. One of the main purposes for which the land or structures are intended, designed, or ordinarily used. A site may have more than one primary use.

106.

Primary and side street. Where only one street abuts a lot, that street is considered a primary street. A multiple street frontage lot must designate at least one primary street. A lot may have more than one primary street. The planning official will determine which streets are primary streets based on:

(1)

The street or streets with the highest classification;

(2)

The established orientation of the block;

(3)

The streets or streets abutting the longest face of the block;

(4)

The street or streets parallel to an alley within the block; and

(5)

The street that the lot takes its address from.

107.

Principal building. The primary or main building.

108.

Professional offices. Medical, dental, paramedical, attorneys, accountants, physicians, medical equipment supply sales and rentals, insurance agencies, engineers and architects.

109.

Right-of-way. The land occupied, including necessary parkway or open space dedicated or designated for the use, by a railroad for its tracks; the public or private strip over which a street or alley is built; or the strip over which electric power or other utilities pass.

110.

Roof line. The edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette in the instance of several roof levels, the roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.

111.

Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (abbreviated as "Secretary's Standards"). A federal document delineating ten (10) standards and numerous guidelines for the sensitive rehabilitation and preservation of historic buildings. The Secretary's Standards shall be used as the guideline for judging all applications for a certificate of appropriateness.

112.

Side Street. See Primary Street definition.

113.

Sign. Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, good or service, activity, place, person, institution, or business. Signs shall be further defined as follows:

(1)

Abandoned sign.

a.

Any sign or sign support that advertises a business that is no longer conducted on the premises; or

b.

Any sign that does not display a well maintained message for a consecutive 90-day period; or

c.

Any sign the owner of which cannot be located at Owner's last address as reflected on the records of the County Tax Assessor; or

d.

Any sign no longer fully supported by the structure designed to support the sign for a consecutive 90-day period; or

e.

A sign and/or sign support which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity and/or for which no legal owner can be found.

(2)

Above roof sign. A sign which is displayed above the roof line.

(3)

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.

(4)

Animated sign. Any sign which uses movement or change of lighting to depict action or to create a special effect or scene (compare flashing sign).

(5)

Attached sign. 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.

(6)

Awning sign or canopy sign. A sign attached or applied to canopy, awning, or other roof-like structure.

(7)

Banner sign. A suspended sign made of a flexible material such as canvas, sailcloth, plastic or waterproof paper.

(8)

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

(9)

Business sign. Any sign or advertising display larger than one hundred and eighty-seven (187) square inches in sign area used for the promotion of a business, service, product, or special business event, and designed or intended to be visible outdoors.

(10)

Changeable copy sign. Refers to any sign which is characterized by changeable characters of symbols, regardless of method of attachment.

(11)

Detached sign. A sign supported by one or more upright poles, columns or braces permanently anchored or secured in or upon the ground surface and not attached to any building or structure; or any sign, whether it is on a trailer, wheels or otherwise, which is not permanently anchored or permanently attached to the ground or building.

(12)

Development sign. Any sign advertising future use or development of property.

(13)

Directional sign (on-premises). A sign or guide to direct pedestrian or vehicular traffic on the premises (i.e., out, entrance, and exit).

(14)

Double-faced sign. A sign that has two (2) faces.

(15)

Electric sign. Any sign containing electric wiring. This does not include signs illuminated by an external source of light.

(16)

Flashing sign. An illuminated sign of direct or indirect lighting on which the artificial light flashes on and off in regular or irregular sequences.

(17)

Free-standing sign. A sign permanently supported upon the ground by poles or braces and not attached to any building.

(18)

Government sign. Any temporary or permanent sign erected and maintained by the city, county, state or federal government for traffic direction or for designation of or direction to any school, hospital, historical site or public service, property or facility.

(19)

Illegal sign. A sign which does not meet the requirements of this guideline and which has not received "nonconforming status."

(20)

Illuminated sign. A sign with artificial light source incorporated internally or externally for the purpose of illuminating the sign.

(21)

Incidental sign. A single face or double-faced non-illuminated professional or announcement sign attached wholly to a building, window, or door containing information relative to emergencies, store hours, credit cards honored and other similar accessory information.

(22)

Marquee sign. See definition for "awning sign" or "canopy sign."

(23)

Multi-unit sign. A free-standing sign which contains three (3) or more identification signs for multi-occupancy premises, such as a shopping center.

(24)

Neon sign. A neon sign is any sign with characters made of exposed neon tubing. This definition does not include illuminated signs whose interior source of light is made of neon tubing or signs that are backlighted with neon tubing.

(25)

Nonconforming sign. Any sign which was lawfully erected in compliance with applicable code provisions and maintained prior to the effective date of this guideline, and which fails to conform to all applicable standards and restrictions of this guideline.

(26)

Off-premises sign. A sign that directs attention to a business commodity, service, or establishment conducted, sold, or offered at a location other than the premises on which the sign is erected.

(27)

On-premises sign. A sign that directs attention to a business commodity, service, or establishment conducted, sold, or offered on the premises on which the sign is erected.

(28)

Outdoor advertising sign. A poster panel or painted bulletin off-premises sign, commonly referred to as a billboard.

(29)

Political sign. Any temporary sign announcing or supporting political candidates or issues in conjunction with any national, state, or local election.

(30)

Portable or moveable sign. Any sign or advertising display constructed on a frame or trailer with wheels which may or may not be detached, including, but not limited to portable reader boards.

(31)

Projecting sign. A sign end-mounted or otherwise attached to an exterior wall of a building or structure and which projects out from the wall.

(32)

Protective sign. A sign less than one hundred (100) square inches in area and with letters less than four (4) inches in height, which is commonly associated with safeguarding the permitted uses of the occupancy. Examples include "bad dog," "no trespassing," and "no solicitors."

(33)

Public interest sign. A sign that displays information pertinent to the safety or legal responsibilities of the general public such as "warning" and "no trespassing."

(34)

Real estate sign. Any sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

(35)

Revolving sign. A sign, which revolves three hundred sixty (360) degrees.

(36)

Roof line sign. A sign erected or maintained in whole or in part upon or over the roof or parapet of a building.

(37)

Sandwich board sign. A temporary "A" frame or easel sign listing specials or the menu of the establishment.

(38)

Single-faced sign. A sign, only one side of which is visible.

(39)

Snipe sign. Any sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences or to other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which the sign is located.

(40)

Special purpose sign. Any temporary sign to announce sales, new products, openings or close outs and other special events.

(41)

Subdivision or neighborhood identification sign. A sign containing the name of the subdivision or neighborhood in which it is located.

(42)

Temporary business sign. Any sign or advertising display larger than one hundred and eighty-seven (187) square inches in sign area, constructed of cardboard, cloth, canvas, fabric, plastic, plywood or other light material, used for the temporary promotion of a business, service, product, or special business event, and designed or intended to be visible outdoors and displayed for a short period of time, not including window signs.

(43)

Time and/or temperature sign. A sign containing numerals which may alternately be displayed to show the time and/or temperature. A time and/or temperature sign shall not be considered a flashing or animated sign.

(44)

Under-canopy sign or under-awning sign. A sign attached to hang below a canopy, awning, or other roof-like structure.

(45)

Wall sign. Any sign which is attached flat to a wall or facade of a building and which projects no more than six (6) inches from the wall.

(46)

Window sign. Any sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window.

114.

Sign area. The total area of the space to be used for advertising purposes, including the spaces between open-type letters and figures including the background structure, or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. A double faced sign shall be allowed the total area of a single faced sign on each face.

115.

Sign skirt. A sign skirt is a decorative covering of the post(s) or pole(s) which supports a free-standing sign to which the sign skirt is attached shall not be counted toward the sign area requirements of this guideline.

116.

Sign support. Any pole, post, strut, cable, or other structural fixture or framework necessary to hold and secure a sign.

117.

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.

118.

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

119.

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.

120.

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

121.

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

122.

Street and sidewalk furnishings. For the purpose of this chapter, street and sidewalk furnishings refer to benches, advertising kiosks, lamps, pavilions, bus and cab shelters, trash receptacles, planting boxes and other similar fixtures commonly permitted in pedestrian walkways and passageways.

123.

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

124.

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.

125.

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.

126.

Symbol. Something that stands for, represents or otherwise suggests something else by reason of relationship, association, convention, or resemblance placed or erected for public view as a sign or as part of a sign.

127.

Trailer park. An area containing one 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) more auto trailers of mobile dwelling unit character.

128.

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

129.

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

130.

Wall. The exterior of the vertical face or facade of a building for the purpose of determining the allowable area of a wall sign for a multi-occupancy building. The wall shall be determined to be the portion of the vertical face or facade of the building which would be delineated by the imaginary extension of the interior walls, defining the unit of occupancy through to the exterior of the vertical face or facade.

131.

Wind device. Any flag, banner, balloon, pennant, streamer, or similar device that moves freely in the wind. All wind devices are considered to be signs and are regulated and classified as attached or detached by the same regulations as other signs.

132.

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.

(1)

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.

(2)

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.

(3)

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.