- DEFINITIONS
For the purpose of this ordinance certain terms and words are hereby defined:
(1)
Words used in the present tense shall include the future tense.
(2)
Words in the singular number include the plural number, and words in the plural number include the singular number.
(3)
The word "building" shall include the words "structure" and "premises".
(4)
The word "shall" is mandatory.
(5)
The word "may" is permissive.
(6)
The word "person" includes a firm, organization, association, partnership, trust, company, or corporation as well as an individual.
Accessory structure: A subordinate building that is incidental to and customary in connection with the principal building or use and located on the same lot.
Accessory use: A subordinate use that is incidental to and customary in connection with the principal building or use and located on the same lot.
Agriculture: The raising or growing of crops only: except that the city council may, by special order, permit the raising of fowl or livestock, but not swine, in any rural or outlying fringe area within the City of Grenada, providing such use does not constitute a nuisance or health hazard.
Alley: A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
Alteration and altered: The word "alteration" shall include any of the following:
(1)
Any addition to the height, width, or depth of a building or structure;
(2)
Any change in the location of any of the exterior walls of a building or structure;
(3)
Any increase in the interior accommodations of a building or structure;
(4)
In addition to the foregoing, a building of structure shall be classified as altered when it is repaired, renovated, remodeled, or rebuilt at a cost in excess of fifty (50) percent of its value prior to the commencement of such repairs, renovation, remodeling, or rebuilding.
Apartment: A multiple family dwelling.
Apartment hotel: An apartment house that furnishes services for the use of its tenants that are ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
Apartment house or multiple-family dwelling: Any single detached dwelling unit designed for and occupied by three (3) or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts, camps, hotels, motels, or resort-type hotels.
Auto wrecking: The collecting, burning out, dismantling, or wrecking of used motor vehicles, wheeled or track-laying equipment or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked motor vehicles, wheeled or track-laying equipment or trailers or their parts. The dismantling and rebuilding, other than custom repair, of more than one (1) motor vehicle, piece of wheeled or track-laying equipment or trailer at a time, even though not for profit or a principal use of a parcel of land, shall be defined as auto wrecking. The storage of a partially dismantled motor vehicle, piece of wheeled or track-laying equipment or trailer shall be considered auto wrecking.
Banner sign: Any sign printed or displayed upon cloth or other flexible material, without frames.
Basement (cellar): A story having part but not more than one-half (½) of its height below average grade of the adjoining ground. A basement is counted as a story for the purpose of height regulations, if subdivided and used for business or dwelling purposes by other than a janitor employed on the premises.
Block: A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way, parks, or a combination thereof. There may be more than one numbered block as shown on a plat, falling within a single block as herein defined. In cases where the platting is incomplete or disconnected, the city engineer shall determine the outline of the block.
Board: The board of adjustment of the City of Grenada.
Boardinghouse: A dwelling or part thereof where meals and/or lodging are provided for compensation for two (2) or more persons not transients.
Buffer area: An area that acts as a separation area between two or more noncompatible districts.
Building: Any structure including a roof supported by walls, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattel, or property and forming a construction that is safe and stable; the word building shall include the word structure.
Building area: The percentage of the lot area covered by the building. The building area shall include all overhanging roofs.
Building height: The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the structure, exclusive of chimneys, ventilators, or other extensions above the roof line that are not intended for occupancy or internal usage by persons.
Building line: That line between which and the street or highway right-of-way line no building or part thereof may be erected, except as provided in these regulations. It is the line on the interior of a lot created by the measurement and delineation of a yard as required by these regulations.
Building official: The individual designated by the Governing Authority to administer and enforce the regulations of this ordinance. In this ordinance, the term "zoning administrator" and "building official" are synonymous.
Building, principal: A building in which is conducted the primary use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be the principal building of the site on which it is located.
Canopy: Any structure having no enclosing walls built for the shelter of persons, animals, chattel, or property of any kind.
Cemetery: A tract of land, private or public, licensed with the State of Mississippi, divided into plots for sale for interment of the human dead.
Central Business District: The area shown and delineated on the official zoning map and generally known as downtown Grenada.
Certificate of occupancy: A permit issued by the building inspector indicating that the use of the building or land in question is in conformity with this ordinance or that there has been a legal variance therefrom as provided by this ordinance.
Child care center: Any place, home, or institution that receives six (6) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians, or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated, or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree of the custodial persons or to churches or other religious or public institutions caring for children within the institutional building.
Clinic, dental or medical: A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions.
Club: Club shall include clubhouse and shall mean a voluntary association of persons organized for cultural, recreational, fraternal, civil, charitable, or similar purpose but shall not include an organization or premises, the chief activity of which is a service or activity customarily carried on as a business even though it may be chartered and named for purposes herein defining a club.
Concealing fence: A fence, wall, live shrubbery, or other material approved by the Planning and Zoning Commission that visually prevents, on a perpetually maintained basis, an area so enclosed from being viewed from without by a maximum of twenty (20) per cent visibility. Any live shrubbery used shall be a hardy species to the area and permanently maintained in a manner that 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.
Conforming use: Any lawful use of a building or lot that complies with the provisions of this ordinance.
Country club: A chartered, nonprofit membership club catering primarily to its membership, providing one (1) or more of the following recreational and social activities: golf, swimming, riding, outdoor recreation, club house, locker room, and pro shop.
Coverage: The percentage of the lot area covered by the building area.
Density: The number of dwelling units per acre of gross land area.
Drive-in commercial uses: Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, and similar uses.
Dwelling: Any building or portion thereof designed or used as the residence of one (1) or more persons, but not including a tent, cabin, travel trailer, or a room in a hotel, motel, or boarding house.
Dwelling unit: A room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping, and cooking.
Dwelling, detached: A dwelling that is completely surrounded by open space on the same lot.
Dwelling, group: A structure, other than a hotel or motel, inhabited by more or less permanent occupants in excess of four (4), living independently in quarters other than dwelling units.
Dwelling, mobile: A vehicle used or so constructed as to permit its being used as a conveyance upon a public street or highway and duly licensable as such, and shall include self-propelled vehicles so designed, constructed, reconstructed, or added to by any means in such a manner as will permit the occupancy thereof as a dwelling or sleeping place of one (1) or more persons and supported by wheels, jacks, or similar supports. Transportable dwellings not meeting building code requirements for dwellings shall be treated as mobile dwellings. This definition shall include the terms "automobile trailer," "house trailer" and "mobile home." These types of vehicles shall not be used as permanent dwellings.
Dwelling, single-family: A building designed for or occupied exclusively by one (1) family.
Dwelling, two-family: A building designed for and occupied exclusively by two (2) families living independently of each other.
Dwelling, multifamily: A building designed for or occupied exclusively by more than two (2) families living independently of each other.
Dwelling, townhouse, or row house: Two (2) or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and owned by one (1) family.
Dwelling, zero lot line: A single detached dwelling unit that is constructed on a side property line of said lot; such that the wall located on the side property line should be "blank" with no openings of any type allowed.
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.
Family: One (1) or more persons related by blood or marriage, including adopted children, or a group of less than five (5) persons not all related by blood or marriage, occupying premises living as a single, nonprofit unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family may include domestic servants employed by said family.
Farm: An area that is used for the growing of the usual farm products such as vegetables, fruit, trees, hay, cotton and grain and their storage on the area, as well as the raising thereon of the usual farm poultry and farm animals such as horses, mules, cattle, sheep and swine, and including dairy farms. The term "farming" includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities. Farming shall not include the extraction of minerals, the feeding of collected garbage or offal to swine or other animals, or intensive livestock raising, such as commercial feed lots, large batteries of rabbit hutches, or poultry lots or coops. (See "farming, intensive.").
Farm building or structure: Any building or structure upon a farm having no dwelling facilities and constituting a necessary accessory building or structure for treating, processing, storing and assembling of farm produce or products associated with farm production and/or the storage and maintenance of tools and implements involved in normal farming activities conducted on the farm.
Farming, intensive: An area that is used for the feeding of collected garbage or offal to swine or other animals or intensive livestock raising, such as commercial feed lots or fattening pens for cattle or swine, large batteries of rabbit hutches, or poultry lots or coops.
Flammable liquids: Any liquid that gives off flammable vapors, as determined by the flashpoint from an open-cup tester as used for test of burning oils, at or below a temperature of eighty (80) degrees Fahrenheit is flammable.
Floodplain: Floodplain or flood prone area means any land area susceptible to being inundated by water from any source. (Federal Emergency Management Agency)
Floodway: The width on either side of a stream, river, or drainage course designated by the mayor and city council of the City of Grenada as necessary to provide sufficient channel and capacity to drain storm waters flowing into it in a manner that will prevent extensive flooding or inundation of property located adjacent to the area so designated.
Floor area: The sum of the gross horizontal areas of all of the floors of a building or buildings measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) buildings.
Frontage: All the property abutting on one side of a street between two (2) intersecting streets, measured along the street line.
Garage apartment: A dwelling unit erected above a private garage.
Garage, mechanical: A facility used for the repair of automobiles, trucks and similar vehicular powered, hydraulic or control systems.
Garage, private: An accessory building or part of a main building used for storage purposes only for automobiles, used solely by the occupants and their guests of the building to which it is accessory.
Garage, public: A building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.
Garage, storage: A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.
Gasoline service station: Any building, structure, or land used primarily for the dispensing and sale of fuels, oils, accessories, or minor maintenance and repair services but not including painting, body work, or major repairs.
Golf course: Golf course as used herein shall mean standard sized layouts of at least nine (9) holes and shall not include miniature golf courses, par-3 golf courses, pitch and putt courses, or driving ranges.
Governing authority: The mayor and city council of Grenada, Mississippi.
Grade: The mean elevation of the ground, measured along the wall of a building or a lot line or the top of a street curb or official grade of a street curb not yet constructed or an official grade of an alley surface, as appropriate to the context in which the term is used.
Gross floor area ratio (G.F.A.R.): The floor area of a building divided by the area of the zoning lot as defined herein. (For example, a building one story high covering an entire lot would have a G.F.A.R. of 1.0, whereas a building two (2) stories high covering half a lot would also have a G.F.A.R. of 1.0, while a building one story high covering half a lot would have a G.F.A.R. of 0.5.) Both principal and accessory buildings shall be considered in calculating gross floor area.
Ground area: Ground area shall be the total geometric area of a lot as defined within its boundaries.
Ground coverage: The area of a zoning lot occupied by all buildings expressed as a percentage of the gross area of the zoning lot.
Group housing project: A group of one-family, two-family, or multiple dwellings, arranged on land not subdivided into customary streets and lots.
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.
Home occupation: Any occupation or profession carried on by the inhabitants that is clearly incidental and secondary to the use of the dwelling for dwelling purposes, that does not change the character thereof and that is conducted entirely within the main or accessory building.
Hospital: An institution providing health services primarily for human inpatient, medical, or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities.
Hospital, small animal: An institution where sick or injured small animals of less than one hundred fifty (150) pounds are given medical care and in the course of same are housed overnight, fed and provided related services. Hospital, small animal shall be considered a commercial use.
Hotel: Any building or portion thereof that contains at least ten (10) guest rooms intended for occupancy by transient individuals for compensation, whether paid directly or indirectly.
Industrial, heavy: Those industrial uses that have extensive space requirements and/or generate substantial amounts of noise, vibrations, odors, or possess other characteristics that are detrimental, hazardous, or otherwise offensive and incompatible with other land uses.
Industrial, light: Those industrial uses that do not generate odors, smoke, fumes, or excessive noises.
Junk: Old and dilapidated vehicles and parts thereof, scrap, building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, textiles, excelsior, hair, mattresses, beds, bedding, or any other kind of scrap or waste material which is stored, kept, handled, or displayed within the City Limits.
Junk or salvage yard: A place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, or sale of used cars in operating condition.
Kennel: Any building, lot, or premises on in which four (4) or more dogs, cats, or similar pets (at least eight (8) weeks of age) are kept for personal use or boarding.
Kindergarten: A school other than a public school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.
Legal nonconforming use, building, or yard: A use, building, or yard existing legally at the time of the passage of this ordinance that 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 that does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming use.
Loading space: A space within the main building or on the same lot providing for the standing, loading, or unloading of trucks, having a minimum area of five hundred forty (540) square feet, minimum width of twelve (12) feet, a minimum depth of forty-five (45) feet and connected with a right-of-way serving the premises.
Lot: A parcel of land occupied or intended for occupancy by a use permitted in this ordinance including one (1) main building together with its accessory building, and the open spaces and parking spaces required by this ordinance, and having its principal frontage upon a street.
Lot of record: A lot, the deed or plat of which has been recorded in the office of the clerk of Grenada County.
Lot, corner: A lot abutting upon two (2) or more streets at their intersection.
Lot depth: The average horizontal distance between the front lot line and the rear lot line.
Lot, interior: A lot that is not a corner lot.
Lot line: A boundary of a lot. Lot line is synonymous with property line.
Lot line, front: In the case of an interior lot, the line separating said lot from the street. In the case of a corner or through lot, the line separating said lot from the street that is designed as the front street in the request for a building permit.
Lot, through: A zoning lot having frontage on two (2) parallel, approximately parallel, diverging, or converging streets, but not including a corner lot as defined herein.
Lot, reverse corner: A corner zoning lot, the side street of which is substantially a continuation of the front lot line of the zoning lot to its rear.
Lot width: The width of a lot measured at the front distance setback line.
Lot, zoning: See zoning lot.
Manufactured home: A detached single-family dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code. This Code means the standard for construction, design and performance of a manufactured home as set forth in the Code of Federal Regulations, Title 24, Part 3280, 3282, 3283, and USC 5401, ET SEQ, as mandated in the United States of America and as administered by the United States Department of Housing and Urban Development.
Manufacturing establishment: A facility where goods are made through use of raw materials, machinery and labor and often employing assembly-line techniques.
Manufactured home lot: A parcel of land for the placement of a single manufactured home and the exclusive use of its occupants.
Manufactured home park: A site or parcel of land under single management that has been planned and improved for the rental or lease of lots for one (1) or more manufactured homes and the provision of services for manufactured homes for transient and/or non-transient use.
Manufactured home subdivision: A manufactured home subdivision is a tract of land in which spaces or lots for manufactured homes are for sale and in which the purchaser receives fee simple title to the space or lot.
Minimum lot area: The minimum ground space required for a dwelling unit by this ordinance.
Minor repair, automobile: The replacement of minor assemblies or parts and tune-up of automobiles, or trucks of less than fifteen thousand (15,000) pounds gross license weight, but not including body and fender work, painting, engine overhaul, or similar type of work.
Mobile home: A movable or portable structure built prior to June 15, 1976, the effective date for the Federal Mobile Home Construction and Safety Act of 1974, which is larger than three hundred twenty (320) square feet, and designed to be used as a year-round residential dwelling unit. Hereinafter the effective date of this ordinance any structure meeting the definition for a mobile home shall be subject to the following regulation. Any change in occupancy, ownership or location will bring cause for the structure to be removed from the City of Grenada.
Mobile home lot or trailer lot: A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
Mobile home park or trailer park: A site or parcel of land under single management that has been planned and improved for the rental or lease of lots for one (1) or more mobile homes and the provision of services for mobile homes for transient and/or non-transient use.
Mobile home subdivision: A mobile home subdivision is a tract of land in which spaces or lots for mobile homes are for sale and in which the purchaser receives fee simple title to the space or lot.
Modular structure: A modular structure is a factory-fabricated building over thirty-two (32) feet in length and at least twenty-four (24) feet wide, designed and constructed without carriage or hitch collar as stationary construction for placement on a permanent foundation, to be permanently connected to utilities and to be used for year round occupancy. The modular structure may be used for residential dwelling purposes or commercial or industrial uses when in compliance with this and other city ordinances. It may consist of two (2) or more components that can be separated when transported but designed to be joined into one integral unit. A modular structure must meet the "National Manufactured Home Construction and Safety Standards." Construction shall also meet the City of Grenada building code and as the minimum construction standards may from time to time be fixed by the law of the State of Mississippi, and must have a roof with at least a 3/12 pitch.
Motel or motor court: A business comprised of a building or group of buildings so arranged as to furnish overnight accommodations for transient guests.
Modifying zone: A zone that is dependent upon a primary zone and that is designed to add to the primary zone a specific restriction or liberalization to meet specific location needs that, if accomplished by an additional series of primary zones, would make the ordinance unnecessarily lengthy and complicated.
Nonconforming building: A building or structure or portion thereof lawfully existing at the time this ordinance or an amendment thereto becomes effective that does not meet the bulk, height, yard, parking, loading or other requirements of this ordinance or any amendment thereto.
Nonconforming use: A use of any structure or land that, though originally lawfully, does not conform with the provisions of this ordinance for the district in which it is located.
Nursing home (including convalescent centers): A privately operated establishment where maintenance and personal or nursing care are provided for persons (as the aged or the chronically ill) who are unable to care for themselves properly.
Offices: Space or rooms used for professional, administrative, clerical and similar uses.
Open space, common: A parcel or parcels of land not occupied by dwellings or other buildings that is permanently maintained in a suitable state for the shared use and enjoyment by the owners and/or occupants of individual dwelling units within a particular development.
Outdoor storage: A depository or place for storing goods related to the establishment on the same premises and not located within a building.
Par-3 golf course: A golf course, other than a miniature golf course and other than a golf course defined herein, and having greens similar to a golf course and fairways of not less than fifty (50) yards in length. A par-3 golf course may not be lighted unless so specified as permitted in the text of this ordinance.
Parking space: An area, enclosed or unenclosed, intended for the purpose of storing one automobile and that shall be not less than nine (9) feet wide and eighteen (18) feet long and shall be provided with a hard surface except where limited to private residential use, together with a driveway connecting the parking space with a street, road or alley.
Parking area, public: An open area other than a street or alley used for the temporary parking of more than four (4) self-propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
Parking area, semi-public: An open area other than a street or alley used for temporary parking of more than four (4) self-propelled vehicles as an accessory use to semi-public institutions, schools, churches, hospitals and noncommercial clubs.
Pharmacy: A facility preparing and dispensing drugs and drug-related items, and medical- and dental-related items.
Planned unit development (pud): A land tract in which a multiplicity of land uses may be permitted, including single-family residential, multifamily residential, public use and compatible commercial use, and in which land not used by residential or commercial structures and yards but required by basic zoning of the site shall be reserved collectively in contiguous units accessible to all the building sites in the development as open space for the purpose of providing recreational facilities and pedestrian circulation.
Planning commission: The duly designated planning commission for the City of Grenada, Mississippi. The planning commission is responsible for reviewing, approving and making recommendations for master plans and land development applications, in accordance with Section 17-1-11 of the State of Mississippi Code.
Portable building: Any building not covered by the building code four hundred (400) square feet or less.
Premises: Land, together with structure or structures occupying it.
Primary zone: A zoning classification that can stand alone as a classification of a parcel of property.
Principal permitted use: That use of a zoning lot that is among the uses allowed as a matter of right under the zoning classification.
Public uses: Any land use operated by or through a unit or level of government, either through lease or ownership, such as municipal administration, county buildings, state offices and federal uses such as post offices and other departmental offices.
Rest home (including personal care facilities): An establishment that provides housing and general care for the aged or the convalescent.
Right-of-way: The land occupied, including necessary parkway or open space, dedicated or designated for the use of a public street or alley.
Roof: A canopy or covering that is supported by a floor or ceiling structure of the main building.
Rooming house: Any building or portion thereof that contains not less than three (3) nor more than nine (9) guest rooms that are designed for lodging, by prearrangement for definite periods, with or without meals and are provided for compensation, whether paid directly or indirectly.
Screening: This term refers to landscaping and/or architectural barriers that block vision.
Service station: Any building, structure or land used primarily for the dispensing, sale or offering for sale at retail of any automotive fuels, oils, accessories or other sundry items normally sold at service stations for the travelling public, but not including major repair work such as motor overhaul, body and fender repairs, or spray painting.
Semi-public uses: Philanthropic and charitable land uses including YMCA, YWCA, churches and church-related institutions, orphanages, humane societies, private welfare organizations, nonprofit lodges and fraternal orders, hospitals and general charitable institutions.
Sign: The term "sign" shall mean and include every device, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out of doors in view of the general public; in addition, any of the above which is not placed out of doors, but which is illuminated with artificial or reflected light not maintained stationary and constant in intensity and color at all times when in use shall be considered a sign within the meaning of this ordinance, when placed near the inside surface of a window in such a way as to be in view of the general public and used or intended to be used to attract attention or convey information to motorists. For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner, without organized relationship of elements, or where there is a reasonable doubt as to the relationship of elements, each element shall be considered to be a single sign.
Site plan review committee: That committee shall have the duty to review certain site plans, all as herein provided for in this ordinance.
Special exception: A use that is not permitted in the zoning district where the property is located under the provisions of this ordinance but that, in the specific case, would, in the judgment of the Planning and Zoning Commission, promote the public health, safety and the general welfare of the community and the granting of which would not adversely affect adjacent properties. A permit granted as a special exception will not change the general zoning of the property or allow any change in integrity and appearance of the existing structure that would be contrary to the desired character of the district, and will be given on a yearly basis only during the occupancy or ownership of the person to whom it was granted, and upon their vacating the property or structure, the property and structure shall revert to the original use.
Stable, private: An accessory building for the keeping of horses or mules owned by the occupants of premises and not kept for remuneration, hire or sale.
Stable, public: A stable other than a private or riding stable.
Stable, riding: A structure in which horses or mules used for pleasure riding or driving are housed, boarded or kept for hire, including a riding track.
Story: That portion of a building, other than a basement or cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
Street: A strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.
Street right-of-way line: The legal property line boundary between the street right-of-way and the abutting property.
Structure: Anything constructed or erected, the use of which requires a fixed location on the ground or attached to something having a fixed location on the ground.
Structural alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
Subdivision: An area of land divided into lots for development by means of an appropriately recorded legal document.
Townhouse subdivisions: The term "townhouse subdivision" shall apply to those developments in which it is proposed to partition land into individual lots and construct townhouses that may be individually owned and where the minimum lot sizes shall be as required under the R-3 Residential District of this ordinance.
Tract development: A tract of land at least five (5) acres in size designed for residential purposes where dwellings may be grouped or clustered to maximize advantageous development of the site and where, through the proper use of common maintained open space, character and density requirements of the residential district in which it is located are satisfied.
Travel trailer or camper: A dependent temporary single-family dwelling unit built on a chassis not exceeding eight (8) feet wide and thirty-two (32) feet long designed for short-term occupancy and frequent travel, requiring park services for utility and sanitary facilities. Unit may be self-propelled or towed behind a vehicle without a special permit required.
Unobstructed open space: An area of land upon which no structure may be erected.
Use: The purpose for which land or a building or other structure is designed, arranged or intended or for which it is or may be occupied or maintained.
Use, accessory: A use customarily incident to a principal permitted use of building and location on the same zoning lot with such principal use or building.
Use, conditional: A use that is not automatically allowed in the zone but that is permitted upon findings of the zoning board of adjustment that, under the particular circumstances present, such use is in harmony with the principal permitted uses of the zone. Allowable conditional uses are specifically listed under the district regulations. Uses not so listed shall not be allowed as conditional uses.
Use, specifically excluded: A use of land or a structure that is excluded from a zone by the operation of other regulations of the zone but that is specifically enumerated as excluded for purposes of clarity of intent and ease of reference.
Variance: A modification of the literal provisions of this ordinance that the board is permitted to grant when strict enforcement of said provisions would cause undue hardship (such hardship cannot be self-created or of an economic nature) owing to circumstances unique to the individual property on which the variance is sought.
Yard: An open space on the same lot with a building unobstructed from the ground upward and measured as the minimum horizontal distance between the lot line and the main building.
Yard, front: A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street right-of-way line and the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies, terraces, or uncovered porches. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
Yard, rear: A yard extending across the rear of the lot between the side lot lines and measured between the rear lot line in the rear of the main building or an projection other than steps, unenclosed porches, or entrance-ways.
Yard, side: A yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereof.
Zero lot line subdivision: A residential complex consisting of no less than ten (10) zero lot line lots.
Zoning administrator: See "building official."
Zoning board of adjustment: The zoning board of adjustment for the City of Grenada. The board is appointed by the city council. The primary duty of the board is to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of this ordinance.
Zoning lot: A parcel of land that is designated by its owner or authorized agent as a tract, all of which is to be used, developed, or built upon as a unit under a single ownership. When determining the front, rear and side yard setbacks for a zoning lot, the required distance shall be measured from the exterior boundaries of said zoning lot.
- DEFINITIONS
For the purpose of this ordinance certain terms and words are hereby defined:
(1)
Words used in the present tense shall include the future tense.
(2)
Words in the singular number include the plural number, and words in the plural number include the singular number.
(3)
The word "building" shall include the words "structure" and "premises".
(4)
The word "shall" is mandatory.
(5)
The word "may" is permissive.
(6)
The word "person" includes a firm, organization, association, partnership, trust, company, or corporation as well as an individual.
Accessory structure: A subordinate building that is incidental to and customary in connection with the principal building or use and located on the same lot.
Accessory use: A subordinate use that is incidental to and customary in connection with the principal building or use and located on the same lot.
Agriculture: The raising or growing of crops only: except that the city council may, by special order, permit the raising of fowl or livestock, but not swine, in any rural or outlying fringe area within the City of Grenada, providing such use does not constitute a nuisance or health hazard.
Alley: A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
Alteration and altered: The word "alteration" shall include any of the following:
(1)
Any addition to the height, width, or depth of a building or structure;
(2)
Any change in the location of any of the exterior walls of a building or structure;
(3)
Any increase in the interior accommodations of a building or structure;
(4)
In addition to the foregoing, a building of structure shall be classified as altered when it is repaired, renovated, remodeled, or rebuilt at a cost in excess of fifty (50) percent of its value prior to the commencement of such repairs, renovation, remodeling, or rebuilding.
Apartment: A multiple family dwelling.
Apartment hotel: An apartment house that furnishes services for the use of its tenants that are ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
Apartment house or multiple-family dwelling: Any single detached dwelling unit designed for and occupied by three (3) or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts, camps, hotels, motels, or resort-type hotels.
Auto wrecking: The collecting, burning out, dismantling, or wrecking of used motor vehicles, wheeled or track-laying equipment or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked motor vehicles, wheeled or track-laying equipment or trailers or their parts. The dismantling and rebuilding, other than custom repair, of more than one (1) motor vehicle, piece of wheeled or track-laying equipment or trailer at a time, even though not for profit or a principal use of a parcel of land, shall be defined as auto wrecking. The storage of a partially dismantled motor vehicle, piece of wheeled or track-laying equipment or trailer shall be considered auto wrecking.
Banner sign: Any sign printed or displayed upon cloth or other flexible material, without frames.
Basement (cellar): A story having part but not more than one-half (½) of its height below average grade of the adjoining ground. A basement is counted as a story for the purpose of height regulations, if subdivided and used for business or dwelling purposes by other than a janitor employed on the premises.
Block: A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way, parks, or a combination thereof. There may be more than one numbered block as shown on a plat, falling within a single block as herein defined. In cases where the platting is incomplete or disconnected, the city engineer shall determine the outline of the block.
Board: The board of adjustment of the City of Grenada.
Boardinghouse: A dwelling or part thereof where meals and/or lodging are provided for compensation for two (2) or more persons not transients.
Buffer area: An area that acts as a separation area between two or more noncompatible districts.
Building: Any structure including a roof supported by walls, designed or intended for the support, enclosure, shelter or protection of persons, animals, chattel, or property and forming a construction that is safe and stable; the word building shall include the word structure.
Building area: The percentage of the lot area covered by the building. The building area shall include all overhanging roofs.
Building height: The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the structure, exclusive of chimneys, ventilators, or other extensions above the roof line that are not intended for occupancy or internal usage by persons.
Building line: That line between which and the street or highway right-of-way line no building or part thereof may be erected, except as provided in these regulations. It is the line on the interior of a lot created by the measurement and delineation of a yard as required by these regulations.
Building official: The individual designated by the Governing Authority to administer and enforce the regulations of this ordinance. In this ordinance, the term "zoning administrator" and "building official" are synonymous.
Building, principal: A building in which is conducted the primary use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be the principal building of the site on which it is located.
Canopy: Any structure having no enclosing walls built for the shelter of persons, animals, chattel, or property of any kind.
Cemetery: A tract of land, private or public, licensed with the State of Mississippi, divided into plots for sale for interment of the human dead.
Central Business District: The area shown and delineated on the official zoning map and generally known as downtown Grenada.
Certificate of occupancy: A permit issued by the building inspector indicating that the use of the building or land in question is in conformity with this ordinance or that there has been a legal variance therefrom as provided by this ordinance.
Child care center: Any place, home, or institution that receives six (6) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians, or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated, or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree of the custodial persons or to churches or other religious or public institutions caring for children within the institutional building.
Clinic, dental or medical: A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions.
Club: Club shall include clubhouse and shall mean a voluntary association of persons organized for cultural, recreational, fraternal, civil, charitable, or similar purpose but shall not include an organization or premises, the chief activity of which is a service or activity customarily carried on as a business even though it may be chartered and named for purposes herein defining a club.
Concealing fence: A fence, wall, live shrubbery, or other material approved by the Planning and Zoning Commission that visually prevents, on a perpetually maintained basis, an area so enclosed from being viewed from without by a maximum of twenty (20) per cent visibility. Any live shrubbery used shall be a hardy species to the area and permanently maintained in a manner that 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.
Conforming use: Any lawful use of a building or lot that complies with the provisions of this ordinance.
Country club: A chartered, nonprofit membership club catering primarily to its membership, providing one (1) or more of the following recreational and social activities: golf, swimming, riding, outdoor recreation, club house, locker room, and pro shop.
Coverage: The percentage of the lot area covered by the building area.
Density: The number of dwelling units per acre of gross land area.
Drive-in commercial uses: Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, and similar uses.
Dwelling: Any building or portion thereof designed or used as the residence of one (1) or more persons, but not including a tent, cabin, travel trailer, or a room in a hotel, motel, or boarding house.
Dwelling unit: A room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping, and cooking.
Dwelling, detached: A dwelling that is completely surrounded by open space on the same lot.
Dwelling, group: A structure, other than a hotel or motel, inhabited by more or less permanent occupants in excess of four (4), living independently in quarters other than dwelling units.
Dwelling, mobile: A vehicle used or so constructed as to permit its being used as a conveyance upon a public street or highway and duly licensable as such, and shall include self-propelled vehicles so designed, constructed, reconstructed, or added to by any means in such a manner as will permit the occupancy thereof as a dwelling or sleeping place of one (1) or more persons and supported by wheels, jacks, or similar supports. Transportable dwellings not meeting building code requirements for dwellings shall be treated as mobile dwellings. This definition shall include the terms "automobile trailer," "house trailer" and "mobile home." These types of vehicles shall not be used as permanent dwellings.
Dwelling, single-family: A building designed for or occupied exclusively by one (1) family.
Dwelling, two-family: A building designed for and occupied exclusively by two (2) families living independently of each other.
Dwelling, multifamily: A building designed for or occupied exclusively by more than two (2) families living independently of each other.
Dwelling, townhouse, or row house: Two (2) or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and owned by one (1) family.
Dwelling, zero lot line: A single detached dwelling unit that is constructed on a side property line of said lot; such that the wall located on the side property line should be "blank" with no openings of any type allowed.
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.
Family: One (1) or more persons related by blood or marriage, including adopted children, or a group of less than five (5) persons not all related by blood or marriage, occupying premises living as a single, nonprofit unit, as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family may include domestic servants employed by said family.
Farm: An area that is used for the growing of the usual farm products such as vegetables, fruit, trees, hay, cotton and grain and their storage on the area, as well as the raising thereon of the usual farm poultry and farm animals such as horses, mules, cattle, sheep and swine, and including dairy farms. The term "farming" includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities. Farming shall not include the extraction of minerals, the feeding of collected garbage or offal to swine or other animals, or intensive livestock raising, such as commercial feed lots, large batteries of rabbit hutches, or poultry lots or coops. (See "farming, intensive.").
Farm building or structure: Any building or structure upon a farm having no dwelling facilities and constituting a necessary accessory building or structure for treating, processing, storing and assembling of farm produce or products associated with farm production and/or the storage and maintenance of tools and implements involved in normal farming activities conducted on the farm.
Farming, intensive: An area that is used for the feeding of collected garbage or offal to swine or other animals or intensive livestock raising, such as commercial feed lots or fattening pens for cattle or swine, large batteries of rabbit hutches, or poultry lots or coops.
Flammable liquids: Any liquid that gives off flammable vapors, as determined by the flashpoint from an open-cup tester as used for test of burning oils, at or below a temperature of eighty (80) degrees Fahrenheit is flammable.
Floodplain: Floodplain or flood prone area means any land area susceptible to being inundated by water from any source. (Federal Emergency Management Agency)
Floodway: The width on either side of a stream, river, or drainage course designated by the mayor and city council of the City of Grenada as necessary to provide sufficient channel and capacity to drain storm waters flowing into it in a manner that will prevent extensive flooding or inundation of property located adjacent to the area so designated.
Floor area: The sum of the gross horizontal areas of all of the floors of a building or buildings measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) buildings.
Frontage: All the property abutting on one side of a street between two (2) intersecting streets, measured along the street line.
Garage apartment: A dwelling unit erected above a private garage.
Garage, mechanical: A facility used for the repair of automobiles, trucks and similar vehicular powered, hydraulic or control systems.
Garage, private: An accessory building or part of a main building used for storage purposes only for automobiles, used solely by the occupants and their guests of the building to which it is accessory.
Garage, public: A building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.
Garage, storage: A building or portion thereof, other than a private garage, used exclusively for parking or storage of self-propelled vehicles, but with no other services provided except facilities for washing.
Gasoline service station: Any building, structure, or land used primarily for the dispensing and sale of fuels, oils, accessories, or minor maintenance and repair services but not including painting, body work, or major repairs.
Golf course: Golf course as used herein shall mean standard sized layouts of at least nine (9) holes and shall not include miniature golf courses, par-3 golf courses, pitch and putt courses, or driving ranges.
Governing authority: The mayor and city council of Grenada, Mississippi.
Grade: The mean elevation of the ground, measured along the wall of a building or a lot line or the top of a street curb or official grade of a street curb not yet constructed or an official grade of an alley surface, as appropriate to the context in which the term is used.
Gross floor area ratio (G.F.A.R.): The floor area of a building divided by the area of the zoning lot as defined herein. (For example, a building one story high covering an entire lot would have a G.F.A.R. of 1.0, whereas a building two (2) stories high covering half a lot would also have a G.F.A.R. of 1.0, while a building one story high covering half a lot would have a G.F.A.R. of 0.5.) Both principal and accessory buildings shall be considered in calculating gross floor area.
Ground area: Ground area shall be the total geometric area of a lot as defined within its boundaries.
Ground coverage: The area of a zoning lot occupied by all buildings expressed as a percentage of the gross area of the zoning lot.
Group housing project: A group of one-family, two-family, or multiple dwellings, arranged on land not subdivided into customary streets and lots.
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.
Home occupation: Any occupation or profession carried on by the inhabitants that is clearly incidental and secondary to the use of the dwelling for dwelling purposes, that does not change the character thereof and that is conducted entirely within the main or accessory building.
Hospital: An institution providing health services primarily for human inpatient, medical, or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities.
Hospital, small animal: An institution where sick or injured small animals of less than one hundred fifty (150) pounds are given medical care and in the course of same are housed overnight, fed and provided related services. Hospital, small animal shall be considered a commercial use.
Hotel: Any building or portion thereof that contains at least ten (10) guest rooms intended for occupancy by transient individuals for compensation, whether paid directly or indirectly.
Industrial, heavy: Those industrial uses that have extensive space requirements and/or generate substantial amounts of noise, vibrations, odors, or possess other characteristics that are detrimental, hazardous, or otherwise offensive and incompatible with other land uses.
Industrial, light: Those industrial uses that do not generate odors, smoke, fumes, or excessive noises.
Junk: Old and dilapidated vehicles and parts thereof, scrap, building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, textiles, excelsior, hair, mattresses, beds, bedding, or any other kind of scrap or waste material which is stored, kept, handled, or displayed within the City Limits.
Junk or salvage yard: A place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, or sale of used cars in operating condition.
Kennel: Any building, lot, or premises on in which four (4) or more dogs, cats, or similar pets (at least eight (8) weeks of age) are kept for personal use or boarding.
Kindergarten: A school other than a public school for children of pre-public school age in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum.
Legal nonconforming use, building, or yard: A use, building, or yard existing legally at the time of the passage of this ordinance that 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 that does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming use.
Loading space: A space within the main building or on the same lot providing for the standing, loading, or unloading of trucks, having a minimum area of five hundred forty (540) square feet, minimum width of twelve (12) feet, a minimum depth of forty-five (45) feet and connected with a right-of-way serving the premises.
Lot: A parcel of land occupied or intended for occupancy by a use permitted in this ordinance including one (1) main building together with its accessory building, and the open spaces and parking spaces required by this ordinance, and having its principal frontage upon a street.
Lot of record: A lot, the deed or plat of which has been recorded in the office of the clerk of Grenada County.
Lot, corner: A lot abutting upon two (2) or more streets at their intersection.
Lot depth: The average horizontal distance between the front lot line and the rear lot line.
Lot, interior: A lot that is not a corner lot.
Lot line: A boundary of a lot. Lot line is synonymous with property line.
Lot line, front: In the case of an interior lot, the line separating said lot from the street. In the case of a corner or through lot, the line separating said lot from the street that is designed as the front street in the request for a building permit.
Lot, through: A zoning lot having frontage on two (2) parallel, approximately parallel, diverging, or converging streets, but not including a corner lot as defined herein.
Lot, reverse corner: A corner zoning lot, the side street of which is substantially a continuation of the front lot line of the zoning lot to its rear.
Lot width: The width of a lot measured at the front distance setback line.
Lot, zoning: See zoning lot.
Manufactured home: A detached single-family dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site as a permanent structure with transport features removed, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code. This Code means the standard for construction, design and performance of a manufactured home as set forth in the Code of Federal Regulations, Title 24, Part 3280, 3282, 3283, and USC 5401, ET SEQ, as mandated in the United States of America and as administered by the United States Department of Housing and Urban Development.
Manufacturing establishment: A facility where goods are made through use of raw materials, machinery and labor and often employing assembly-line techniques.
Manufactured home lot: A parcel of land for the placement of a single manufactured home and the exclusive use of its occupants.
Manufactured home park: A site or parcel of land under single management that has been planned and improved for the rental or lease of lots for one (1) or more manufactured homes and the provision of services for manufactured homes for transient and/or non-transient use.
Manufactured home subdivision: A manufactured home subdivision is a tract of land in which spaces or lots for manufactured homes are for sale and in which the purchaser receives fee simple title to the space or lot.
Minimum lot area: The minimum ground space required for a dwelling unit by this ordinance.
Minor repair, automobile: The replacement of minor assemblies or parts and tune-up of automobiles, or trucks of less than fifteen thousand (15,000) pounds gross license weight, but not including body and fender work, painting, engine overhaul, or similar type of work.
Mobile home: A movable or portable structure built prior to June 15, 1976, the effective date for the Federal Mobile Home Construction and Safety Act of 1974, which is larger than three hundred twenty (320) square feet, and designed to be used as a year-round residential dwelling unit. Hereinafter the effective date of this ordinance any structure meeting the definition for a mobile home shall be subject to the following regulation. Any change in occupancy, ownership or location will bring cause for the structure to be removed from the City of Grenada.
Mobile home lot or trailer lot: A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
Mobile home park or trailer park: A site or parcel of land under single management that has been planned and improved for the rental or lease of lots for one (1) or more mobile homes and the provision of services for mobile homes for transient and/or non-transient use.
Mobile home subdivision: A mobile home subdivision is a tract of land in which spaces or lots for mobile homes are for sale and in which the purchaser receives fee simple title to the space or lot.
Modular structure: A modular structure is a factory-fabricated building over thirty-two (32) feet in length and at least twenty-four (24) feet wide, designed and constructed without carriage or hitch collar as stationary construction for placement on a permanent foundation, to be permanently connected to utilities and to be used for year round occupancy. The modular structure may be used for residential dwelling purposes or commercial or industrial uses when in compliance with this and other city ordinances. It may consist of two (2) or more components that can be separated when transported but designed to be joined into one integral unit. A modular structure must meet the "National Manufactured Home Construction and Safety Standards." Construction shall also meet the City of Grenada building code and as the minimum construction standards may from time to time be fixed by the law of the State of Mississippi, and must have a roof with at least a 3/12 pitch.
Motel or motor court: A business comprised of a building or group of buildings so arranged as to furnish overnight accommodations for transient guests.
Modifying zone: A zone that is dependent upon a primary zone and that is designed to add to the primary zone a specific restriction or liberalization to meet specific location needs that, if accomplished by an additional series of primary zones, would make the ordinance unnecessarily lengthy and complicated.
Nonconforming building: A building or structure or portion thereof lawfully existing at the time this ordinance or an amendment thereto becomes effective that does not meet the bulk, height, yard, parking, loading or other requirements of this ordinance or any amendment thereto.
Nonconforming use: A use of any structure or land that, though originally lawfully, does not conform with the provisions of this ordinance for the district in which it is located.
Nursing home (including convalescent centers): A privately operated establishment where maintenance and personal or nursing care are provided for persons (as the aged or the chronically ill) who are unable to care for themselves properly.
Offices: Space or rooms used for professional, administrative, clerical and similar uses.
Open space, common: A parcel or parcels of land not occupied by dwellings or other buildings that is permanently maintained in a suitable state for the shared use and enjoyment by the owners and/or occupants of individual dwelling units within a particular development.
Outdoor storage: A depository or place for storing goods related to the establishment on the same premises and not located within a building.
Par-3 golf course: A golf course, other than a miniature golf course and other than a golf course defined herein, and having greens similar to a golf course and fairways of not less than fifty (50) yards in length. A par-3 golf course may not be lighted unless so specified as permitted in the text of this ordinance.
Parking space: An area, enclosed or unenclosed, intended for the purpose of storing one automobile and that shall be not less than nine (9) feet wide and eighteen (18) feet long and shall be provided with a hard surface except where limited to private residential use, together with a driveway connecting the parking space with a street, road or alley.
Parking area, public: An open area other than a street or alley used for the temporary parking of more than four (4) self-propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
Parking area, semi-public: An open area other than a street or alley used for temporary parking of more than four (4) self-propelled vehicles as an accessory use to semi-public institutions, schools, churches, hospitals and noncommercial clubs.
Pharmacy: A facility preparing and dispensing drugs and drug-related items, and medical- and dental-related items.
Planned unit development (pud): A land tract in which a multiplicity of land uses may be permitted, including single-family residential, multifamily residential, public use and compatible commercial use, and in which land not used by residential or commercial structures and yards but required by basic zoning of the site shall be reserved collectively in contiguous units accessible to all the building sites in the development as open space for the purpose of providing recreational facilities and pedestrian circulation.
Planning commission: The duly designated planning commission for the City of Grenada, Mississippi. The planning commission is responsible for reviewing, approving and making recommendations for master plans and land development applications, in accordance with Section 17-1-11 of the State of Mississippi Code.
Portable building: Any building not covered by the building code four hundred (400) square feet or less.
Premises: Land, together with structure or structures occupying it.
Primary zone: A zoning classification that can stand alone as a classification of a parcel of property.
Principal permitted use: That use of a zoning lot that is among the uses allowed as a matter of right under the zoning classification.
Public uses: Any land use operated by or through a unit or level of government, either through lease or ownership, such as municipal administration, county buildings, state offices and federal uses such as post offices and other departmental offices.
Rest home (including personal care facilities): An establishment that provides housing and general care for the aged or the convalescent.
Right-of-way: The land occupied, including necessary parkway or open space, dedicated or designated for the use of a public street or alley.
Roof: A canopy or covering that is supported by a floor or ceiling structure of the main building.
Rooming house: Any building or portion thereof that contains not less than three (3) nor more than nine (9) guest rooms that are designed for lodging, by prearrangement for definite periods, with or without meals and are provided for compensation, whether paid directly or indirectly.
Screening: This term refers to landscaping and/or architectural barriers that block vision.
Service station: Any building, structure or land used primarily for the dispensing, sale or offering for sale at retail of any automotive fuels, oils, accessories or other sundry items normally sold at service stations for the travelling public, but not including major repair work such as motor overhaul, body and fender repairs, or spray painting.
Semi-public uses: Philanthropic and charitable land uses including YMCA, YWCA, churches and church-related institutions, orphanages, humane societies, private welfare organizations, nonprofit lodges and fraternal orders, hospitals and general charitable institutions.
Sign: The term "sign" shall mean and include every device, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out of doors in view of the general public; in addition, any of the above which is not placed out of doors, but which is illuminated with artificial or reflected light not maintained stationary and constant in intensity and color at all times when in use shall be considered a sign within the meaning of this ordinance, when placed near the inside surface of a window in such a way as to be in view of the general public and used or intended to be used to attract attention or convey information to motorists. For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner, without organized relationship of elements, or where there is a reasonable doubt as to the relationship of elements, each element shall be considered to be a single sign.
Site plan review committee: That committee shall have the duty to review certain site plans, all as herein provided for in this ordinance.
Special exception: A use that is not permitted in the zoning district where the property is located under the provisions of this ordinance but that, in the specific case, would, in the judgment of the Planning and Zoning Commission, promote the public health, safety and the general welfare of the community and the granting of which would not adversely affect adjacent properties. A permit granted as a special exception will not change the general zoning of the property or allow any change in integrity and appearance of the existing structure that would be contrary to the desired character of the district, and will be given on a yearly basis only during the occupancy or ownership of the person to whom it was granted, and upon their vacating the property or structure, the property and structure shall revert to the original use.
Stable, private: An accessory building for the keeping of horses or mules owned by the occupants of premises and not kept for remuneration, hire or sale.
Stable, public: A stable other than a private or riding stable.
Stable, riding: A structure in which horses or mules used for pleasure riding or driving are housed, boarded or kept for hire, including a riding track.
Story: That portion of a building, other than a basement or cellar, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.
Street: A strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.
Street right-of-way line: The legal property line boundary between the street right-of-way and the abutting property.
Structure: Anything constructed or erected, the use of which requires a fixed location on the ground or attached to something having a fixed location on the ground.
Structural alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
Subdivision: An area of land divided into lots for development by means of an appropriately recorded legal document.
Townhouse subdivisions: The term "townhouse subdivision" shall apply to those developments in which it is proposed to partition land into individual lots and construct townhouses that may be individually owned and where the minimum lot sizes shall be as required under the R-3 Residential District of this ordinance.
Tract development: A tract of land at least five (5) acres in size designed for residential purposes where dwellings may be grouped or clustered to maximize advantageous development of the site and where, through the proper use of common maintained open space, character and density requirements of the residential district in which it is located are satisfied.
Travel trailer or camper: A dependent temporary single-family dwelling unit built on a chassis not exceeding eight (8) feet wide and thirty-two (32) feet long designed for short-term occupancy and frequent travel, requiring park services for utility and sanitary facilities. Unit may be self-propelled or towed behind a vehicle without a special permit required.
Unobstructed open space: An area of land upon which no structure may be erected.
Use: The purpose for which land or a building or other structure is designed, arranged or intended or for which it is or may be occupied or maintained.
Use, accessory: A use customarily incident to a principal permitted use of building and location on the same zoning lot with such principal use or building.
Use, conditional: A use that is not automatically allowed in the zone but that is permitted upon findings of the zoning board of adjustment that, under the particular circumstances present, such use is in harmony with the principal permitted uses of the zone. Allowable conditional uses are specifically listed under the district regulations. Uses not so listed shall not be allowed as conditional uses.
Use, specifically excluded: A use of land or a structure that is excluded from a zone by the operation of other regulations of the zone but that is specifically enumerated as excluded for purposes of clarity of intent and ease of reference.
Variance: A modification of the literal provisions of this ordinance that the board is permitted to grant when strict enforcement of said provisions would cause undue hardship (such hardship cannot be self-created or of an economic nature) owing to circumstances unique to the individual property on which the variance is sought.
Yard: An open space on the same lot with a building unobstructed from the ground upward and measured as the minimum horizontal distance between the lot line and the main building.
Yard, front: A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street right-of-way line and the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies, terraces, or uncovered porches. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
Yard, rear: A yard extending across the rear of the lot between the side lot lines and measured between the rear lot line in the rear of the main building or an projection other than steps, unenclosed porches, or entrance-ways.
Yard, side: A yard between the main building and the side line of the lot, and extending from the front lot line to the rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereof.
Zero lot line subdivision: A residential complex consisting of no less than ten (10) zero lot line lots.
Zoning administrator: See "building official."
Zoning board of adjustment: The zoning board of adjustment for the City of Grenada. The board is appointed by the city council. The primary duty of the board is to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of this ordinance.
Zoning lot: A parcel of land that is designated by its owner or authorized agent as a tract, all of which is to be used, developed, or built upon as a unit under a single ownership. When determining the front, rear and side yard setbacks for a zoning lot, the required distance shall be measured from the exterior boundaries of said zoning lot.