(A)

General rules: The following general rules shall govern the interpretation of words and phrases used in this ordinance:

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

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

The words "used or occupied" include the words "intended, designed, or arranged to be used or occupied."

(B)

Words and phrases: Words and phrases used in this ordinance are defined as follows:

Abandoned vehicle or junked vehicle: Any vehicle which is without a current license tag and/or which is wrecked, dismantled, partially dismantled, or inoperative. Storage shall mean being on or occupying the premises for thirty (30) days or more.

Abandoned personal property or junk: Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.

Accessory building or use: Any building which is secondary or coincidental to the main building or use on the lot. Accessory buildings may include structures such as greenhouses, storage sheds, pool houses, gazebos, private garages, carports, and similar type structures but shall not include a secondary living building or use. Where the accessory building is attached to a main building or use, it shall be subject to and must conform to all regulations of the City of Gulfport's Ordinance applicable to the main building. With respect to a boathouse, pier, dock, or similar structure, the same is considered an accessory building or use only if it is located in whole or part on or over water or bottomlands owned by the same owner of the primary or main lot or on property on which the owner has a perpetual easement for use and ingress/egress that permits the same.

Accessory use: A use customarily incidental to the principal use of a building site or to a building and located upon the same building site with the principal use.

Adjacent property: A property which adjoins the subject property in any way to the north, south, east and west. In the case that a street, right-of-way or alley adjoins the property in question, the adjacent property is one which, by extending the property lines across the street, right-of-way or alley would adjoin the subject property in any way.

Airport environs definitions: See the Airport Environs and Airspace Overlay District.

All weather surface: A surface of asphalt, concrete, gravel or shell of sufficient depth and compaction to provide a hard driving surface which is impervious to water and prevents erosion, dust and potholes.

Alley: Any public space or thoroughfare twenty (20) feet or less in width which has been dedicated or deeded for public use.

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

Animal unit: One animal unit shall mean either one horse, one cow, one mule, two (2) goats, two (2) sheep, two (2) hogs or two (2) miniature horses.

Antenna: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.

Bed and breakfast inn class A: An owner-occupied dwelling which is the primary residence of the owner and where a portion of the dwelling is available for short-term lodging, up to a maximum of five (5) bedrooms, and only lodgers are served meals.

Bed and breakfast inn class B: An owner-occupied dwelling which is the primary residence of the owner and where a portion of the dwelling is available for short-term lodging, up to a maximum of five (5) bedrooms, and where receptions or other social gatherings may be held. Meals may only be served to lodgers or guests of receptions and other social gatherings.

Block: The aggregate of private lots, passages, rear lanes and alleys, circumscribed by thoroughfares or by thoroughfares and impassable natural features such as waterways.

Block face: The aggregate of all the building facades on one (1) side of a block. The block face provides the context for establishing architectural harmony.

Boardinghouse: A building where, for compensation and by prearrangement, five (5) or more persons other than occasional or transient customers are provided with meals.

Brownfield: An area previously used primarily as an industrial site.

Building: Any covered structure intended for the shelter, housing or enclosure of persons, animals or chattels.

Building configuration: The form of a building, based on its massing, private frontage, and height.

Building height: The vertical distance in all zones shall be measured from the finish (final) grade to the highest finished roof surface in the case of flat (or nearly flat) roofs, or to a point at the average height of roofs having a pitch of more than one (1) foot in four and one-half (4½) feet. For an accessory building, the height will be measured from the finished grade to the highest point of the building.

The building or structure being developed in the "advisor base flood elevation" (ABFE) will start the measurement of the vertical distance at the ABFE to the highest finished roof surface in case of flat or nearly flat roofs, or to a point at the average height of roofs having a pitch of more than one (1) foot in four and one-half (4½) feet.

Building site: The land occupied or to be occupied by a building and its accessory buildings and including such open spaces, yards, minimum area, off-street parking facilities and off-street truck loading facilities as are required by this ordinance; every building site shall abut upon a dedicated street for at least thirty-five (35) feet.

Cannabis cultivation facilities: means a business entity licensed and registered by the Mississippi Department of Health that acquires, grows, cultivates and harvests medical cannabis in an indoor, enclosed, locked and secure area. See definition of "medical cannabis establishment" for distance requirements and applicable zones.

Cannabis disposal entity: means a business licensed and registered by the Mississippi Department of Health that is involved in the commercial disposal or destruction of medical cannabis. See definition of "medical cannabis establishment" for distance requirements and applicable zones.

Cannabis processing facility: means a business entity that is licensed and registered by the Mississippi Department of Health that:

(a)

Acquires or intends to acquire cannabis from a cannabis cultivation facility;

(b)

Possesses cannabis with the intent to manufacture a cannabis product;

(c)

Manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and

(d)

Sells or intends to sell a cannabis product to a medical cannabis dispensary, cannabis testing facility or cannabis research facility.

See definition of "medical cannabis establishment" for distance requirements and applicable zones.

Cannabis research facility: means a research facility at any university or college in this state or an independent entity licensed and registered by the Mississippi Department of Health pursuant to this chapter that acquires cannabis from cannabis cultivation facilities and cannabis processing facilities in order to research cannabis, develop best practices for specific medical conditions, develop medicines and provide commercial access for medical use. See definition of "medical cannabis establishment" for distance requirements and applicable zones.

Cannabis testing facility: means an independent entity licensed and registered by the Mississippi Department of Health that analyzes the safety and potency of cannabis. See definition of "medical cannabis establishment" for distance requirements and applicable zones.

Cannabis transportation entity: means an independent entity licensed and registered by the Mississippi Department of Health that is involved in the commercial transportation of medical cannabis. See definition of "medical cannabis establishment" for distance requirements and applicable zones.

Casino: A room or rooms in which legal gaming is conducted.

Church: A building, structure, or property, together with any accessory building, structures, and/or uses, where persons assemble for religious worship, and which building, structure, or property, together with any accessory buildings and uses, is maintained and controlled or owned by a religious body organized to sustain public worship.

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

Community: A complex entity including the people, traditions, history, and land associated with a small area with a distinct identity, generally including several neighborhoods and pedestrian sheds, bound by the common physiognomy of the landscape and by physical proximity at the pedestrian scale.

Community plan: An existing-community plan: Details the layout of the transect zone districts over the community.

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

Context: Surroundings made up of the particular combination of elements that create specific habitat.

Customer service area: The total gross floor area of any business establishment comprising the customer waiting, receiving, service, and/or dining areas and other areas, incidental or otherwise, in which the general public and/or patronage have unrestricted access, including, but not limited to, dance floors, restrooms, decks, patios, and porches.

Drive-in restaurant: Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises.

Driveway: A vehicular lane within a lot, usually leading to a garage or parking area.

Dwelling, multiple-family/condominium: A residential building designed for or occupied by more than two (2) families, with the number of families in residence not exceeding the number of dwelling units provided, with the exception of condominiums development on sites greater than twenty (20) acres, in which there can be a collections of individual units and common areas, where the maintenance and other services are provided by a homeowner's association.

Dwelling, one-family: A detached residential dwelling unit, designed for and occupied by one family only.

Dwelling, town home: A row of homes in a series of three (3) or more units not to exceed a maximum length of two hundred twenty-five (225) feet and which are structurally connected together to each other without side yards between individual dwellings (town house) designed for single-family occupancy. Each town house shall be located on individual lots of record. The ends of each row of town homes shall have side yards.

Dwelling, two-family: A residential building designed for and occupied by two (2) families.

Dwelling unit: One room, or rooms connected together, providing complete, independent living facilities for one or more persons including permanent provisions for living, eating, sleeping, cooking and sanitation.

Dwelling, zero lot line: A structure designed for single-family use which is sited on one or more lot lines.

Façade: The exterior wall of a building that is set along a frontage line.

Family: One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five (5) persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.

Fences, walls, and hedges: Accessory uses designed to provide top-open enclosures, barriers, boundaries, screening, or ornamental features, to include retaining walls.

Frontage line: Those lot lines that coincide with a public frontage.

Game: Any banking or percentage game played with cards, dice or any mechanical device or machine for money, property or any representative value, and located exclusively within a casino.

Gaming: The dealing, operating, carrying on, conducting maintaining or exposing for pay of any game.

Gaming device or equipment: Any mechanical contrivance or machine used in connection with gaming or any game.

Gaming establishment: Any premises wherein or whereon gaming is done.

Green: An open space, available for unstructured recreation.

Greenfield: A project planned for an undeveloped area outside the existing urban fabric. See Infill.

Greyfield: An area previously used primarily as a parking lot. Shopping centers and shopping malls are typical greyfield sites.

Gross floor area: The sum of the gross horizontal areas of the several floors of a building, including interior balconies and mezzanines; all horizontal dimensions shall be measured between the exterior faces of walls, including the walls of roofed porches having more than one wall. The gross floor area of a building shall include the floor area of accessory building on the same building site, measured the same way.

Ground cover: Ground cover means low growing plants which grow in a spreading fashion to form a more or less solid mat of vegetation. They are generally included in most landscaped areas to provide permeable cover for bare earth and therefore prevent soil erosion. The individual plants shall be spaced close enough to one another so that they will have grown into a complete ground cover of the planted area in a maximum of two (2) growing seasons after installation.

Gulfport-Biloxi International Airport Authority height approval: Unless approved by the airport authority, in writing to the City of Gulfport Planning Division or Building Code Services Division, no land use, equipment, or natural feature will be allowed in the City of Gulfport which is forty (40) feet from finish (final) grade. The responsible party to give cause to meet or encroach into the forty-foot "air right" shall be required to contact the airport authority in writing, with a copy to the planning staff, formally addressing the matter. If required by the airport authority, the Federal Aviation Agency (FAA) may also need to review and comment. In the case of equipment, such as cranes, the time and location shall also being coordinated with the airport authority so they may issue appropriate warning to aircrafts.

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

Home occupation: An occupation for gain of support conducted in a dwelling unit only by members of a family residing in the dwelling unit and not including the employment of any additional persons, provided that the occupation is incidental to the residential use of the dwelling unit and is subject to the following provisions:

a)

Does not utilize more than twenty-five (25) percent of the building site coverage, and that no traffic shall be generated by such home occupation in greater volume than would be normally expected in a residential neighborhood, and that any need for parking generated by the conduct of such home occupation shall be met off the street.

b)

There shall be no visible evidence of the conduct of a home occupation other than one (1) sign not exceeding two (2) square feet in area which shall be permitted. Such sign shall be mounted flat against the building and shall display only the name of the permitted home occupation.

c)

The administrative portion of the business can be performed in the confines of the dwelling unit, and planning commission approval is required for services that are performed at the client's place of residence, business or work site, with the exception of services that are normally performed in or around the household by the occupant, such as maid service, yard care, gardening, and fix-it-man or similar type activities. Visits of customers, clients, students or patients to the home business requires planning commission approval, and shall be by appointment only, and shall be provided on a one-on-one basis,

d)

Escort dating services and other similar businesses, and any contractors operating under local or state license are strictly prohibited. It shall be prohibited to operate any home occupation that is in conflict with the regulations that govern similar types of uses that are allowed to operate in other zoning districts.

e)

Planning commission approval will be required for products to be constructed or produced on the premises or at the client's work site. The process of constructing or producing items on the premise must be of an intensity as not to provide any additional light, sound or nuisance to the surrounding area, and no evidence of such activities shall be visible.

f)

No products will be sold on the premises or at the client's work site, except for sales of the products from a national franchise entity, which may be by delivery only, or by very infrequent customer visits. Verification of a national franchise entity must be submitted to the Urban Development Planning Division for review. Examples of this type of home occupation include Amway, Avon, Mary Kay makeup, Tupperware and similar products.

g)

No bulk storage or outside storage will be allowed. If the home occupation requires equipment, supplies or a work vehicle, a site plan of the residence's property must be provided. The site plan will detail the property dimensions, abutting streets, all buildings, driveways, and proposed parking of all vehicles. The site plan will address where vehicles, equipment and supplies will be stored. The business is limited to one (1) work vehicle (no greater in capacity of size and weight than a one-ton vehicle) and one (1) trailer (no longer than twenty-four (24) feet). A work trailer may not be parked in the required front or side yard setback. Storage of equipment or supplies must be kept within the confines of the work vehicle, trailer or the dwelling unit. No repairs of equipment or vehicles for the business will be conducted on the property.

Applicant must apply for a certificate of zoning compliance along with providing a written description of the proposed home occupation, which is subject to all rules and regulations that may apply. At any time a violation of the conditions of approval or any other regulations is found, the certificate of zoning compliance is subject to be revoked. If the certificate of zoning compliance is revoked, it shall be unlawful for the home occupation to operate until such time as all violations are resolved, and the use is compliant with all codes and regulations.

Hospital: An institution providing health services, primarily for inpatients, and medical and surgical care of the sick or injured, including as an integral part to the institution, such related facilities as laboratories, outpatient department, training facilities, central service facilities, and staff offices.

Hotel: A building or group of buildings in which any sleeping quarters are furnished on a commercial basis to transients or to any person or persons for a period of less than one (1) month; the term includes "motel" and "tourist court."

Hotel; full service: A hotel as defined herein which offers full services to its guests and to the general public. The hotel contains a restaurant(s) and/or lounge area(s), meeting rooms and/or convention facilities. The hotel may also include retail shops and service centers such as barber and beauty shops, exercise and fitness centers.

Hotel; limited service: A hotel as defined herein which offers limited guest facilities. There are no meeting or convention facilities available to guests. There is no restaurant or lounge area available to the general public although limited meals and beverages may be available for hotel guests only.

Infill: A project within existing urban fabric.

Junkyard or salvage yard: A facility or area for storing, keeping, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment. Scrap or discarded material includes, but is not limited to, metal, paper, rags, tires, glass, motor vehicle parts, machinery, structural steel, equipment and appliance. The term includes facilities for separating trash and debris from recoverable resources, such as paper products, glass, metal cans, and other products, which can be returned to a condition in which they may again be used for production.

Junkyard for auto wrecking: A place where any motor vehicle, trailer, or semi-trailer that is inoperable and which, by virtue of its condition, cannot be economically restored to operable condition.

Junkyard, open storage: An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, or salvaged.

Landscaped area: An area within the boundaries of a given lot which is devoted to and consists of plant material including but not limited to trees, shrubs, ground covers, grass, flowers, and native plant materials, and also including but not limited to inorganic features such as planters, stone, brick and aggregate forms, water, excluding retention/detention ponds, and other landscape elements; provided, however, that the use of such inorganic materials shall not predominate over the use of organic plant material. Artificial plants are not considered landscape material.

Liquor store/package store: One "holding a valid 'package retailer's permit' as authorized by and described in state law (e.g., Miss. Code Ann. § 67-1-51, as amended)

Lot of record: A lot which is part of a subdivision the plat of which has been recorded in the records of the chancery clerk of Harrison County, or a lot described by metes and bounds, the description of which has been so recorded.

Lot width: The length of the principal frontage line of a lot.

Manufactured home/mobile home: Manufactured home means a structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet (2,438 body mm) or more in width or forty (40) body feet (12,192 body mm) or more in length, or, when erected on site, is three hundred twenty (320) or more square feet (30m ² ), and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary (HUD) and complies with the standards established under this title. For mobile homes built prior to June 15, 1976, a label certifying compliance to the standard for mobile homes NFIPA 501, in effect at the time of manufacture is required. For the purposes of these provisions, a mobile home shall be considered a manufactured home. Further, any structure plated or certified as a manufactured home/mobile home, no matter what other plate or certification it holds or building code it meets, shall, for the purposes of this ordinance, be considered to be a manufactured home/mobile home and no other type structure.

Medical cannabis dispensary: means an entity licensed and registered with the Mississippi Department of Revenue that acquires, possesses, stores, transfers, sells, supplies or dispenses medical cannabis, equipment used for medical cannabis, or related supplies and educational materials to cardholders. See definition of "medical cannabis establishment" for distance requirements and applicable zones.

Medical cannabis establishment: means a cannabis cultivation facility, cannabis processing facility, cannabis testing facility, medical cannabis dispensary, cannabis transportation entity, cannabis disposal entity or cannabis research facility licensed and registered by the appropriate agency. The main point of entry of a medical cannabis establishment shall not be located within one thousand (1,000) feet of the nearest property boundary line of any school, church or childcare facility. A medical cannabis establishment may receive a waiver to this distance restriction by receiving approval from the school, church or child care facility and by applying for a waiver with its respective licensing agency, provided that the main point of entry of the cannabis establishment is not located within five hundred (500) feet of the nearest property boundary line of any school, church or child care facility. No medical cannabis dispensary may be located within a one-thousand-five-hundred-feet (1,500) radius from the main point of entry of the dispensary to the main point of entry of another medical cannabis dispensary. The symbol plus-minus (" ± ") used in the chart of permitted uses indicates the removal of all transect zones (T1, T2, T3, T4L, T+, T5, T6) from any use constituting a medical cannabis establishment.

Mobile food vendor: One who is engaged in the sale of prepared food from a motor vehicle equipped for such purpose.

Mobile home park: A parcel (or contiguous parcels) of land which has been so designated and improved that it contains seventeen (17) or more mobile home lots available to the general public for rent and the placement thereon of mobile homes for residential occupancy and use.

Mobile home/manufactured home subdivision: The division of any tract or parcel of land, including frontage along an existing street or highway, into two (2) or more lots, plots, or other divisions of land for the purpose, whether immediate or future, of the placement of manufactured housing or mobile homes for dwelling purposes.

Modular home: A modular home is a factory-fabricated dwelling designed and constructed without carriage or hitch collar as stationary house construction for placement on a permanent foundation, to be permanently connected to utilities, and to be used for year round occupancy. It shall consist of two (2) or more components that can be separated when transported but designed to be joined into one (1) integral unit. A modular home must meet the minimum construction standards established by the building code adopted by the city and minimum construction standards as may from time to time be fixed by the law of the state. For purposes of this section and the chart of permitted uses, modular homes shall be considered to be one-family dwellings and must meet all standards of one-family dwellings as set forth in this appendix.

Modular structure: A modular structure is a factory fabricated structure, notwithstanding tilt-up construction, which is designed to be used for commercial uses but not for residential or dwelling purposes. It may consist of two (2) or more components that can be separated when transported but are designed to be joined into one integral unit.

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

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

Off-premises sign: A sign identifying, advertising and/or directing the public to a business, merchandise, service or entertainment or to an institutional or residential area. Said sign is located, sold, rented, leased, produced, manufactured and/or furnished at a place other than the real property on which said sign is located. Such signs are also known as billboards or outdoor advertising display signs.

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

Planning division administrator: That person designated by the mayor and city council who is responsible for the activities and functions of the planning division of the City of Gulfport, or their designated representative, and the chief technical advisor to the Gulfport Planning Commission and the governing authority, or their designated representative.

Planning division: See "staff."

Recreational vehicle: A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper and motor home.

Recreation vehicle park: A parcel of land upon which forty (40) or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreational or vacation purposes.

Recreational vehicle site: A plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle or other individual camping unit on a temporary basis.

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

Roadway: That paved portion of a right-of-way, or in the case of an unpaved roadway, the designated riding surface, which is set aside for the movement of vehicular traffic.

Rooming house: A dwelling in which the resident family provides rooms for the accommodation of persons on a semi-permanent basis (one month or longer) and not as transients.

Satellite dish antenna: A device incorporating a reflective surface of any configuration. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based transmitters. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas.

School: A building, structure, and/or property, together with any accessory buildings, structures, and/or uses, used for pre-school, elementary, middle, junior high, and/or high schools serving any level of education from pre-school through 12th grade, including denominational and sectarian, and two-year and four-year undergraduate and graduate colleges and universities, boarding schools, and military academies as well as business, secretarial, and vocations schools offering specialized trade and commercial courses, educational facilities or establishments, including learning or discovery centers, aquariums, and museums, whether profit or non-profit, and specialized, non-degree-granting schools or establishments offering subjects including art, ballet and other dance, computers, cooking, drama, driver education, language, and/or music. Further included are seminaries and other establishments furnishing educational courses by mail as well as facilities, institutions, conference centers, and museums that offer specialized programs in personal growth and development (e.g., arts, communications, environmental awareness, and/or management).

Staff (planning division): The staff of the Gulfport Planning Division.

Street: A public right-of-way more than twenty (20) feet in width which provides vehicular access to adjacent properties.

Streetscreen: Sometimes called streetwall. A freestanding wall built along the frontage line, or coplanar with the adjacent facade, often for the purpose of masking a parking lot from the thoroughfare. Streetscreens should be between four (4) and eight (8) feet in height and constructed of a material matching the adjacent building facade. The streetscreen may be a hedge or fence. Streetscreens shall have openings no larger than is necessary to allow automobile and pedestrian access. In addition, all streetscreens over four (4) feet high shall be thirty (30) percent permeable or articulated to avoid blank walls. A single length of streetscreen along a frontage, including any pedestrian and vehicle openings, may be no longer than fifty (50) feet maximum.

Structure: Anything constructed or erected which requires location on the ground or attached to something having a location on the ground; provided, however, that utility poles, wires, guy wires, cables and towers and all attachments thereto suspended on said poles or towers and fences and walls (other than building walls) shall not be considered to be structures.

Tattoo parlor: Any premises where tattooing (the making of indelible marks or designs on or visible through the skin of a human by puncturing or pricking the skin with a needle or other instrument and inserting ink or other pigments) occurs.

Tire grinding: A highly efficient system producing a minimum amount of vibration and noise, all of which is kept within the confines of an enclosed building. Dust or debris created in the grinding process is captured internally by filters within the grinding machine. No chemicals or generated odors, smoke, fumes or excessive noise and may not have been declared a nuisance in any court of record. The fire department shall have the ability to limit the number of tires stored on site at any one time.

Towing and wrecker service: Establishment that provides for the removal and temporary storage of vehicles but does not include disposal, permanent disassembly, salvage, or accessory storage of inoperable vehicles. All vehicles towed shall be properly parked in an approved site.

Towing and wrecker yard(vehicle storage): A fenced place where motor vehicles are kept for more than twenty-four (24) consecutive hours after having been towed by a wrecker service and where fees are changed for the storage. Buildings may be placed within the confines of the fenced area but will be considered separate from the towing and wrecker yard.

Transect: A zoning district which regulates land use, density, height and setbacks.

Transient vendor: A person or persons who offer for sale to the public materials and/or merchandise without the benefit of an established building or location which has been permanently designated for commercial purposes. Transient vendors must obtain a permit for each location from which they operate.

Yard: A required open space unoccupied and unobstructed by any structure or portion of a structure from three (3) feet above the general ground level of the building site upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility contained herein, and further provided that:

(a)

Ordinary projections of sills, belt courses, cornices, buttresses, eaves, and similar architectural features, necessary mechanical features may project not more than two (2) feet into any yard, and

(b)

Open fire escapes may extend not more than three and one-half (3½) feet into any yard.

Yard, front: A yard extending the full width of the building site across its front, with required depth measured at right angles to the front street line of the building site.

Yard, rear: A yard extending the full width of the building site across its rear, with required depth measured at right angles to the rear line of the building site.

Yard, side: A yard extending from the rear line of the front yard to the front line of the rear yard, with required width measured at right angles to the adjacent side line of the building site. If no front and/or rear yard is provided, the front and/or rear lines of the building site shall be construed as front and/or rear boundaries of the side yard.

Yard sale/garage sale: A temporary (not to exceed three (3) days) sale of personal belongings and merchandise which is held on the premises of a residential use either individually or jointly with a neighboring residential use. Frequency is restricted to not more than one (1) sale within each calendar quarter.

(Ord. No. 1598, § 1, 7-6-82; Ord. No. 1574, § 1, 9-29-81; Ord. No. 1650, § 1, 1-17-84; Ord. No. 1867, § 1, 12-19-89; Ord. No. 1908, § 1, 5-5-92; Ord. No. 1915, § 1, 11-17-92; Ord. No. 2048, 5-7-96; Ord. No. 2276, §2, 4-18-01; Ord. No. 2324, § 1a., 6-19-02; Ord. No. 2357, § 1, 6-17-03; Ord. No. 2513, §§ 1(5)—1(7), 12-5-06; Ord. No. 2532, § I(1), (2), 5-8-07; Ord. No. 2537, § 1(I), 5-22-07; Ord. No. 2539, § 1(I), 5-22-07; Ord. No. 2540, § 1(I), 5-22-07; Ord. No. 2642, § 1, 9-22-09; Ord. No. 2680, § 1, 6-22-10; Ord. No. 2681, §§ 1, 2, 6-22-10; Ord. No. 2743, § 1, 2-21-12; Ord. No. 2746, § 1, 4-17-12; Ord. No. 2871, § 1, 10-18-16; Ord. No. 2919, § 1, 9-19-17; Ord. No. 2947, §§ 1, 2, 6-19-18; Ord. No. 3087, § 1, 9-21-21; Ord. No. 3130, § 1, 5-4-22; Ord. No. 3158, §§ 1, 2, 8-2-22; Ord. No. 3273, § 1, 7-5-23)