Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this ordinance.

(1)

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.

(2)

Abandoned Vehicle. Any vehicle, including boats, RVs and trailers, 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.

(3)

Abutting. Having a common border with, or being separated from such a common border by a right-of-way, alley or easement.

(4)

Accessory Building. A detached subordinate building located on the same building site with the main building, the use of which is incidental to that of the main building.

(5)

Accessory Use. See Section 109.

(6)

Addition. Any construction, which increases the size of a building such as a porch, attached garage or carport, or a new room or wing.

(7)

Adjacent Property. See Abutting.

(8)

Administrator. See Section 30.

(9)

Agricultural Livestock. Any animal normally considered being a farm animal or commercially produced animal. This includes, but is not limited to: cows, horses, mules, pigs, hogs, goats, ducks, geese, chickens, livestock and other forms of poultry.

(10)

Agriculture. The raising or growing of crops, fowl or livestock, and includes the growth of trees for pulp, lumber, and other wood products.

(11)

All Weather Surface. A surface of asphalt, concrete, or other acceptable surface of sufficient depth and compassion to provide a hard driving surface which is impervious to water and prevents erosion, dust and potholes.

(12)

Alley. A minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes although not intended for general traffic circulation.

(13)

Alteration. Any change in the supporting members of a building (such as bearing walls, columns girder) except such change as may be required for its safety; any addition to a building, any change in use from that of one district classification to another; or of a building from one classification to another.

(14)

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

(15)

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.

(16)

Apartment. A room or suite of rooms with cooking facilities designed for or used as living quarters for a single household.

(17)

Apartment House. See Dwelling, multiple family.

(18)

Apartment, Low Rise. A multiple dwelling not more than three (3) stories in height.

(19)

Apartment, High Rise. A multiple dwelling consisting of four (4) stories or higher in height.

(20)

Assisted Living, Home. A facility maintained for the purpose of providing accommodations for not more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.

(21)

Assisted Living, Institution. An institutional facility maintained for the purpose of providing accommodations for more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.

(22)

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 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.

(23)

Automobile Body and Painting Shops. The general repair of automobiles and light trucks, consisting of major and minor frame and body repair and replacement; and where there can be the additional service of sanding, painting, etc., or other automobile finish work, all of which must be carried on inside a structure, and more particularly, concerning paint or paint products; all of said service must be carried on in conformance to adopted building code requirements as to paint "booths," ventilation fire prevention, etc.

(24)

Auto/Vehicle Junk Area. Any non-public place used for the dismantling or wrecking of used automobiles or the storage, sale or dumping have dismantled or wrecked automobiles or their parts.

(25)

Base Flood. The flood having a one-percent chance of being equaled or exceeded in any given year. Also know as the 100-year flood.

(26)

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

(27)

Bed and Breakfast (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.

(28)

Bed and Breakfast (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.

(29)

Block. A parcel of land entirely surrounded by streets, streams, railroad rights-of-way, parks or other public spaces or by a combination thereof.

(30)

Boardinghouse. Any dwelling in which more than three (3) families are housed or lodged for rent with or without meals.

(31)

Board of Aldermen. The Mayor and Board of Aldermen of the City of Long Beach.

(32)

Buffer Area. An area set aside to remain vacant or to be planted and landscaped to act as a separation between two or more different districts.

(33)

Buildable Area. That portion of a lot remaining after required yards and open spaces has been provided.

(34)

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

(35)

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

(36)

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

(37)

Building Area. Building area means the total of the areas, taken on a horizontal plane at the main grade, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.

(38)

Building, Front Line. A line being along the foremost portion of a building and parallel and/or concentric to the streetline.

(39)

Building, Height. The vertical distance measured from the average elevation of the lowest finished floor along the front of the building to the eave or roofline.

(40)

Building Permit. A permit authorizing the construction or alteration of or addition to a specific building or structure on a specific lot.

(41)

Building, Principal. A building in which is conducted or intended to be conducted the principal use of the lot on which it is situated.

(42)

Building Setback Line. The minimum distance, as prescribed by this Ordinance, between the property line of a lot or parcel of land, as established by survey, and any point on a building or structure related thereto, exclusive of those architectural features permitted to extend thereunto.

(43)

Building Site. A single parcel of land occupied or intended to be occupied by a building or structure and appropriate accessory buildings or uses; every building site shall abut a dedicated street for at least thirty-five (35) feet as frontage or easement.

(44)

Cafeteria. Restaurants at which patrons serve themselves at a counter and take the food to the tables to eat.

(45)

Camp, Fishing. An area of land used for temporary occupancy or rented or leased by the owner, including, and limited to, placement of mobile homes, modular homes, cabins, camper trailers, boats and accessory structures or uses.

(46)

Camp, Hunting. A building, grounds and accessory structures, which residential in nature, are used for the predominant use of hunting, and similar to the structures allowed under fishing camps.

(47)

Camping Trailer. See Recreation Vehicle.

(48)

Carport. A canopy or shed attached to the main building and open on two (2) or more sides for the purpose of providing shelter for one or more vehicles.

(49)

Casino. A room or rooms in which gaming is conducted and in compliance with applicable state statutes.

(50)

Cellar. See Basement.

(51)

Cemetery. A tract of land, private or public, divided into plots for internment of the human dead and in compliance with applicable state statutes.

(52)

Centerline of Street. That line running midway between the right-of-way lines of a dedicated street, avenue or highway. Not to be confused with the centerline of the paved surface.

(53)

Certify. Whenever this ordinance requires that some agency certify the existence of some fact or circumstance to the city, the city may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the city may accept certification by telephone from some agency when the circumstances warrant it, or the city may require that the certification be in the form of a letter or other document.

(54)

Certificate of Occupancy. A document issued by the Building Official allowing the occupancy and use of building(s) and structure(s) and said use(s) have been constructed and will be used in compliance with all applicable municipal codes. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the city.

(55)

Certificate of Zoning Compliance. A document issued by the administrator which certifies that the proposed use of a parcel complies with all regulations of the zoning district in which it is located.

(56)

Child Care Center. An establishment providing care for four or more children. The term "child care center" includes day care nurseries, day care centers and any other facilities that fall within the scope of the definition set forth herein, regardless of auspices. Exempted from this definition is any facility operating as kindergarten, nursery school or head start in conjunction with an elementary and/or secondary school system, whether it be public, private or parochial, whose primary purpose is a structured school readiness program. The Mississippi State Board of Health shall stipulate space requirements.

(57)

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

(58)

City. The City of Long Beach, Mississippi.

(59)

Clinic. A building in which a group of physicians, dentist 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.

(60)

Club. Buildings and facilities owned and operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service, which is normally carried on as a business.

(61)

Condominium. That form of ownership of property under which units of improvements are subject to ownership by different owners and there is appurtenant to each unit as part thereof an undivided share in the common areas.

(62)

Condominium Unit. The elements of a condominium, which are not owned in common with the owners of other condominiums in the project. When used as residential, a unit shall be considered a single-family dwelling.

(63)

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

(64)

Construction Plans, Residential. The drawings showing types of materials and construction details for the physical structures and facilities.

(65)

Construction Plans, Commercial. The engineering drawings showing types of materials and construction details for the physical structures and facilities.

(66)

County. Harrison County, Mississippi.

(67)

Court. An unoccupied open space, other than a yard, on the same lot with building, which is bounded on two (2) or more sides by the walls of such building.

(68)

Coverage, Lot. The percentage of the lot area covered by all structures.

(69)

Customer Service Area. The total gross floor area of any business establishment comprising the customer waiting or receiving, service and dining areas including any other incidental areas in which the general public has unrestricted access.

(70)

Day Care Center. See Child Care Center.

(71)

Demolition. The destruction and removal of a building or structure from its site.

(72)

Developer. Any person engaged in developing or improving a lot or groups of lots or structures thereon for use or occupancy.

(73)

Developer's Engineer. A registered professional engineer, in good standing, in the State of Mississippi, whose seal shall appear on all plats, construction drawings and plans for improvements.

(74)

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

(75)

District. Any zoning district established by this ordinance.

(76)

Drive-in Restaurant. Any place or premises used for the 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.

(77)

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

(78)

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.

(79)

Dwelling, Manufactured. A single-family detached housing unit that is manufactured under the authority of 42 USC 5401, the National Manufactured Home Construction and Safety Standards Act of 1974, and shall include structures known as manufactured homes or mobile homes.

(80)

Dwelling, Mobile Home. See also dwelling, manufactured. A transportable, factory-built home, designed to be used as a yearround residential dwelling and built prior to enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

(81)

Dwelling, Multi-family. A residential building designed for or occupied by more than two families.

(82)

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

(83)

Dwelling, Two-Family. A building designed and intended for or occupied exclusively by two (2) families living independently of each other.

(84)

Easement. A right given by the owner of land to another party for specific limited use of that land.

(85)

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

(86)

Expansion to an Existing Mobile Home Park. The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including tile installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

(87)

Extraction. The removal from the premises of sand, gravel, shells, topsoil, minerals, or other natural resources from a lot or a part thereof.

(88)

Family. One or more persons occupying a dwelling and living as a single housekeeping unit.

(89)

Farm. A parcel of land used for growing or raising agricultural products, including related structures thereon.

(90)

Fence. A structure other than a building, which is a barrier and used as a boundary or means of protection or confinement. It is so constructed that not less than fifty (50%) percent of the vertical surface is open to permit the transmission of light, air, and vision through said surface in a horizontal plane. This shall include wire, mesh, steel mesh, chain link, louvered, stake, and similar materials.

(91)

Filling Station. See service station and self-service station.

(92)

Fix-it Shop. Fix-it shop/general repair shop: Buildings or premises used for the repair of home appliances, such as, but not limited to radios, televisions, refrigerators, deep freezes, washing machines and other similar appliances or household articles.

(93)

Floodplain Management Program. An overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and land use and control measures.

(94)

Floodplain. Any land area susceptible to being inundated by water from any source.

(95)

Floodway. The channel of a river or other watercourse and the adjacent land areas needed to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point.

(96)

Floor Area. The square feet of floor space within the outside line of walls and including the total of all space on all floors of a building used for occupancy or use purposes.

(97)

Floor Area, Gross. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

(98)

Floor Area, Habitable. Any floor usable for living purposes, which includes working sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor.

(99)

Floor Area, Ratio. The numerical value obtained through dividing the gross floor area of a building by the total area of the lot or parcel of land on which such building is built.

(100)

Front. The side of a lot bordering a street right-of-way, except in the case of corner or other double frontage lots, in which case the owner of the lot must designate in his application for a building permit which side bordering a street is the front.

(101)

Gaming or Gambling. Any activities that is regulated pursuant to the Mississippi Gaming Control Act of 1990.

(102)

Garage Apartment. A dwelling unit attached to a private garage.

(103)

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

(104)

Garage, Public. Any building other than a private garage, available to the public for the parking or storing of vehicles for remuneration, hire or sale.

(105)

Garage, Repair. A building, land or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.

(106)

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.

(107)

Gas Station. See service station and self-service station

(108)

Grade. The elevation of the ground at a building or building site as established by the governing (city/county) engineer.

(109)

Grade, Finished. The completed surfaces of lawns, walks and roads, brought to grades as shown on official plans or designs relating thereto.

(110)

Green Space. Land designated for conservation, preservation, recreation, landscaping or parks.

(111)

Group Home. A nonprofit or for-profit boardinghouse for the sheltered care of persons with special needs, which in addition to providing food and shelter, may also provide some combination of personal care, social or counseling service and transportation.

(112)

Guest Unit. An accessory living quarters, either attached or detached, that is used for visiting relatives or friends of primary resident with no compensation.

(113)

Halfway House. A halfway house is a residence designed to assist persons, especially those leaving institutions, to reenter society and learn to adapt to independent living. Halfway houses aim to assist in community transition, and may provide vocational training, counseling, and other services.

(114)

Hardship. An unusual situation or condition involving a particular property and which makes it impossible for the owner to use the property in the manner prescribed for the district by the zoning ordinance. A hardship exists only where the owner of the property does not create the unusual situation or condition. A hardship, as related to zoning, is not to be confused with an economic hardship.

(115)

Hazardous Material. All materials and substances that are now or hereafter designated or defined as hazardous by and state or federal law or by regulation of any state or federal agency.

(116)

High Density. Any use that exceeds 15 units per acre or exceeds four (4) or more stories.

(117)

Home-Based Business. Any business, occupation or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling unit.

(118)

Home Office. An accessory use in which work for compensation is undertaken, including, but not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes, or e-mail; preparing or maintaining business records; and word and data processing.

(119)

Hospital. A certified State institution providing health services primarily for inpatients and medical and surgical care for the sick or injured. This shall include accessory uses such as laboratories, outpatient clinics and medical offices.

(120)

Hotel. A building containing individual sleeping rooms or suites each having a private bathroom attached thereto, for the purpose of providing overnight lodging facilities to the general public for compensation with or without meals.

(121)

Household. One person lives alone or two (2) or more persons living together as a single housekeeping unit, whether related to each other legally or not and distinguished from a group of persons occupying a boardinghouse, lodginghouse, hotel, motel, dormitory or similar dwelling for group use. A household shall be deemed to include domestic employees of said household when these employees are on-premises residents.

(122)

Impervious Surfaces. Any hard surface man-made that is more impervious than the natural surface.

(123)

Improvement. Any permanent building or structure that becomes part of placed upon or is affixed to real property.

(124)

Improvement, Public. Includes street surfacing, curb and gutter, sidewalks, water mains, sanitary sewers, storm sewers, utilities, drainage and monuments.

(125)

Industry. The processing or assembly of product or raw materials.

(126)

Industry, Heavy. Those operations whose processing results in the outdoor storage or processing of materials or products, the emission of any atmospheric pollution, visible light flashes or glare, odors or noise or vibration which may be heard or felt off the premises or those industries which constitute a fire or explosion hazard.

(127)

Industry, Light. That operation where all processing is conducted wholly within a building.

(128)

Institution. Any building used by a nonprofit corporation or nonprofit establishment for public use.

(129)

Junk. Defined to mean and shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metal and their alloys and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton or used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, in-operable automobiles or airplanes or their parts and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing conditions; subject to being dismantled for scrap.

(130)

Junkyard. An open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A "junk yard" also includes auto-wrecking yards, but it does not include uses enclosed entirely within a building.

(131)

Kennel. Any building, lot or premises on or in which, six (6) dogs or domesticated animals are housed, groomed, bred, boarded or offered for sale.

(132)

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 planter, 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.

(133)

Lane. A minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes although not intended for general traffic circulation. See also Alley.

(134)

Laundromat. Business premises equipped with individual clothes washing and drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

(135)

Live-work Unit. A mixed use unit consisting of a commercial and residential function. The commercial function may be anywhere in the unit. The live component exceeds 50% of the usable area and is intended for self-employment with no employees outside of family.

(136)

Loading Space. An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials and which abuts on a street, alley, or other appropriate means of access.

(137)

Lot. A plot or parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded plat and which is recognized as a separate legal entity for purpose of transfer of title. Said lot is devoted to or suitable for a common use or occupied by a building and its accessory buildings, together with its open space and parking requirements and having its principal frontage or easement upon a public street or right-of-way for a minimum distance of thirty-five (35) feet.

(138)

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

(139)

Lot Depth. The average distance from the street right-of-way to the rear lot line, measured along the sidelines of the lot.

(140)

Lot Frontage. That measurement of a lot abutting on a public Street, measured along the street right-of-way line from side lot line to side lot line. (Structures on corner lots fronting on a particular street shall be deemed to have frontage, on that street.)

(141)

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 double frontage lot; the line separating said lot from the street, which the house will face, to be determined from the request for a building permit.

(142)

Lot Line, Rear. The lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line.

(143)

Lot Line, Side. The side lot line is the property boundary line between the front and rear lot lines.

(144)

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

(145)

Lot of Record. A lot, the plat or deed or act of sale of which has been recorded in the office of the Chancery Clerk of Harrison County, Mississippi, prior to the adoption of this Ordinance.

(146)

Lot Width. Distance between the side lot lines measured at the front building line.

(147)

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

(148)

Lot, Double Frontage. A lot, which runs through a block from street to street, and has two opposite sides abutting on two or more streets.

(149)

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

(150)

Lounge. A retail establishment offering alcoholic beverages for consumption on the premises. The definition of lounge includes barrooms.

(151)

Manufactured Home. See Dwelling, Manufactured Housing.

(152)

Manufactured Housing/Mobile Home Park. Any parcel (or contiguous parcels) of land upon which two (2) or more units of manufactured housing or mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations. A mobile home park must have a minimum of five (5) acres.

(153)

Manufactured Housing/Mobile Home Space. A plot of ground within a manufactured housing/mobile home park designed for the accommodation of one (1) manufactured housing unit or mobile home.

(154)

Manufactured Housing/Mobile 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.

(155)

Marina. A boat basin, harbor, or dock, with facilities for berthing and servicing boats which may include the provision of bait, ice and fishing tackle and eating establishments.

(156)

Mixed use. Multiple uses within the same building or multiple buildings on a single site. Any use permitted by right in a district can be used as a mixed use, except all mixed use requires Long Beach Planning and Development Commission approval.

(157)

Mobile Food Vendor. One who is engaged in the sale of prepared food from a motor vehicle or pushcart equipped for such purpose.

(158)

Mobile Home. See Dwelling, Mobile Home.

(159)

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 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 home must meet the minimum construction standards for house construction as specified in all adopted building codes of the City and minimum construction standards as may from time to time be fixed by law of the State of Mississippi.

(160)

Modular Structure. A modular structure is a factory-fabricated structure, notwithstanding tilt-up construction, which is designed 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.

(161)

Motel. A building or group of buildings, comprising individual living quarters or dwelling units for the accommodation of transient guests, which so designed that parking is on the same building site and is conveniently accessible from the living units without having to pass through any lobby or interior court. This definition includes auto courts, tourist courts, motor hotels but does; not include accommodations for mobile homes. A motel is a business use rather than a residential use.

(162)

Motor Home. A structure built on and made an integral part of a self-propelled motor vehicle chassis primarily designed to provide temporary living quarters for recreation, camping, and travel use.

(163)

New Construction. Structures for which the start of construction commenced on or alters the effective date of this ordinance.

(164)

Nightclub. A place of entertainment offering alcoholic beverages for consumption on the premises and which may provide a floor show and music as well as space for dancing.

(165)

Nursing or Convalescent Home. Nursing or convalescent home means a facility designed and intended to provide nursing service on a continuing basis to persons, the majority of, whom require such service under trained professional nurses or physicians and for whom medical records are maintained.

(166)

Office Building. A building designed for or used as offices for professional, commercial, industrial, religious, public or semipublic activities or organizations, providing that no manufactured products or commodities are warehoused or sold on the premises.

(167)

Open Space. An unoccupied space open to the sky on the same lot with the principal building upon which no structure may be erected.

(168)

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

(169)

Overhang. That portion of a roof or other structural appendage that projects out past the main building wall of the structure.

(170)

Parking Area. A required off-street parking facility enclosed or not enclosed. Parking area includes parking spaces and access drives.

(171)

Parking Area, Public. An open area other than a street, alley or place, 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 client or customers.

(172)

Parking Lot. An open area which is used for the temporary parking of motor vehicles but which is not a required off-street parking facility.

(173)

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

(174)

Patio Home. See Zero Lot Line definition.

(175)

Pedestrian Way. A right-of-way, however designated, either across or within a block, intended for use by pedestrian traffic.

(176)

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

(177)

Person. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.

(178)

Personal Service Shops. Business establishments such as barbershops, beauty parlors, and chiropody, massage, or similar personal service shops.

(179)

Place. See Open Space.

(180)

Planned Unit Development. 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.

(181)

Planning Commission. The Long Beach Planning [and Development] Commission. The Comprehensive Long Beach Unified Land Use Ordinance Number 598 of the City of Long Beach should be and hereby is further amended to provide that all references to the Planning Commission shall mean The Long Beach Planning and Development Commission.

(182)

Long Beach Planning and Development Commission Approval. A use requiring the approval of the Long Beach Planning and Development Commission as being appropriate with a district.

(183)

Planning Jurisdiction. The area within the city limits as well as the area beyond the city limits within which the city is authorized to plan for and regulate development.

(184)

Premises. A lot parcel of land together with structure or structures occupying the lot or parcel.

(185)

Principle Use. The specific primary purpose for which land or a building is intended to be used.

(186)

Private Drive. A right-of-way, which has the characteristics of a street, as defined herein, except that it is not dedicated for public use. A driveway located on a lot, which serves only that lot is not considered a private drive.

(187)

Public Building. A building owned or used exclusively by the city, county, state or federal government.

(188)

Public Uses. Includes parks and recreation, schools and other education or cultural facilities, libraries, hospitals, and other public offices or administrative facilities.

(189)

Public Utility. Any person, firm, corporation, municipal department, or board duly authorized under state or municipal regulations to furnish such public services as electricity, gas, water, sewer, telephone, telegraph, transportation or other public utility service to its subscribers or customers.

(190)

Quarry. A lot or parcel of land or part thereof used for the purpose of extracting stone, sand, gravel or soil for sale.

(191)

Recreational Facilities. Country clubs, riding stables, golf courses, swimming pools, playgrounds, recreation centers, and other noncommercial recreational areas and facilities.

(192)

Recreational Vehicle. A vehicular type unit primarily designed as temporary living quarters of 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 trailers, camping trailers, truck campers and motor homes.

(193)

Recreational Vehicle Park. A parcel of land upon which two 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, not to be confused with a mobile home park. The term "recreational vehicle campground" includes necessary sanitary and utility facilities and permitted accessory uses.

(194)

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.

(195)

Residential Structure. A building or portion thereof designed or used exclusively for residential occupancy but not including hotels, motels and motor lodges.

(196)

Rest Home. The rooming or boarding of any aged or convalescent persons, whether ambulatory or non-ambulatory, for which a license is required by a city, county, state, or federal agency.

(197)

Restaurant. An establishment principally offering food for consumption on the premises and permitting no dancing by proprietors, patrons or employees. Restaurants do not include barrooms, nightclubs or lounges, but do permit service bars.

(198)

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 for or occupied by a street, highway, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.

(199)

Right-of-Way Line. The boundary line between a right-of-way and abutting property.

(200)

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.

(201)

Roominghouse. 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.

(202)

Satellite Dish Antenna. A device incorporating a reflective surface of any configuration. Such devices shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital 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.

(203)

School, Business. Schools offering instruction in general business subjects such as accounting, secretarial work, business administration, computer training and similar subjects.

(204)

School, Elementary or Secondary. Any institute for the education of students in elementary or secondary grades (1 through 12), which is publicly owned. The term includes day nurseries and kindergartens.

(205)

School, Trade or Industrial. An establishment, public or private for the purpose of training students in skills required for the practice of trades or industries.

(206)

Sectional Home. See Modular Home.

(207)

Semi-public Body. Includes churches and organizations such as noncommercial clubs and lodges, theater groups, recreational and neighborhood associations, and cultural activities operating as a nonprofit activity and serving a public purpose.

(208)

Service Bar. An area of a restaurant, at which alcoholic beverages may be prepared to serve patrons of the dining room area only, provided no alcoholic beverages would be sold across the bar.

(209)

Service Station. (See also Garage, Repair.) Any premises where gasoline or other petroleum products are sold and where light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning may or may not be conducted. Service stations shall not include premises where heavy automobile or truck maintenance activities such as engine overhauls, painting and bodywork are conducted.

(210)

Setback Line. See Building Setback Line.

(211)

Shell House. A structure which is composed of foundation outside walls and roof with no interior walls or fixtures, or incomplete interiors and which is transferred to another party for completion of the interior.

(212)

Shopping Center. A group of retail stores planned and designed for the site upon which they are built.

(213)

Small Animal Clinic. A commercial facility operated to provide treatment and care including temporary boarding for domestic animals.

(214)

Special Exception Use. A use that is subject to approval based on location and site plan. The use possesses such characteristics of unique or special form that each specific use shall be considered as an individual case.

(215)

Stable, Private. An accessory building for the keeping of horses or mules owned by the occupants of the premises and not kept for remuneration, hire or sale.

(216)

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

(217)

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.

(218)

Story. That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.

(219)

Street. A public or private thoroughfare that affords the principal means of access to abutting property.

(220)

Street, Arterial. A street which brings traffic to and from the city and serves those major movements of traffic within or through the city and throughout the region. Arterial streets are designed on the applicable Street Plan of the city or the transportation plan of the Metropolitan Planning Organization.

(221)

Street, Collector. A street whose principal function is to carry traffic between minor and local streets and arterial streets, but may also provide direct access to abutting properties.

(222)

Street, Cul-de-sac. A short street having one end open to traffic and being permanently terminated by a vehicular turn-around.

(223)

Street, Dead-end. Any local street, other than a cul-de-sac, which has only one outlet.

(224)

Street, Local. A street whose sole function is to provide access to abutting properties.

(225)

Street, Major. A street or highway shown as a major street upon the major thoroughfare plan.

(226)

Street, Minor. A street or highway not shown as a major street upon the major thoroughfare plan.

(227)

Streetline. A dividing line separating a lot, tract or parcel of land and a contiguous street.

(228)

Structural Alteration. Any change in the roof, exterior walls or supporting members of a building.

(229)

Structure. Any type of construction that requires a permanent location.

(230)

Structure, House-form. A structure designed for commercial use but having a residential architectural exterior appearance.

(231)

Substantial Improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds one-third (33⅓%) the actual cash value of the structure either (1) before the improvement is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is started when the first alteration of any structural part of the building commences.

(232)

Surveyor. A registered land surveyor as authorized by the state statutes to practice the profession of surveying in the State of Mississippi.

(233)

Swimming Pool. A swimming pool shall be considered as a structure, the same as an accessory building, and subject to the same setback requirements but not as to area.

(234)

Tenant Dwelling. A residential structure located on a bona fide farm, and occupied by a non-transient farm worker employed by the farm owner to work on that farm.

(235)

Theater, Drive-in. An open lot or part thereof, with it appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.

(236)

Timeshare Building. A building containing condominium units, rooms or suites of rooms, with or without culinary facilities and subject to a timeshare plan or transient vacation rentals.

(237)

Timeshare Plan. The practice whereby an individual or individuals, corporation, or other entity pays for and acquires the right to the timed use of a condominium or apartment unit for a specified period of time each year, generally for a week or a number of weeks in a given year, with the right to use said condominium or apartment unit for like periods in subsequent years.

(238)

Tourist Court. See Motel.

(239)

Townhouse. A structure that is one of a series of dwelling units designed for single-family occupancy, which dwelling units are structurally connected to each other without side yards between individual dwelling units.

(240)

Trailer. Any vehicle without motive power and which is designed to be drawn by a motor vehicle, and to be used in such a manner as to permit temporary occupancy thereof as sleeping quarters, or for the conduct of any business, trade or occupation or use as a selling or advertising device, or used for storage or conveyance of tools, equipment, or machinery and so designed that it is mounted on wheels and may be used as a conveyance on highways and streets. The term trailer includes the terms "camp trailer," and similar terms, except when the latter falls within the definition of "manufactured housing or mobile home." Trailers are considered structures for the purpose of this ordinance when they are used as temporary places for human habitation, offices, warehouses, or for storage. Trailers are characteristically for a variety of temporary or intermittent types of use whereas manufactured housing or mobile home is intended for full time use as a residence.

(241)

Trailer Park or Court. See Recreational Vehicle Camp.

(242)

Trailer, Camping. See Recreational Vehicle.

(243)

Transient Vacation Rentals. Rentals in a dwelling, hotel, motel, apartment hotel, condominium, motor lodge, boardinghouse, roominghouse, lodginghouse, tourist court, tourist home or other similar

(244)

Travel Trailer. See Recreational Vehicle.

(245)

Truck Camper. See Recreational Vehicle.

(246)

University or College. An institute of high learning, publicly- or privately-owned, for the education of student in grades about the 12th. The term does not include business or trade schools.

(247)

Unobstructed Open Space. An area of land upon which no structure may be erected.

(248)

Use, Conditional. A use which is not allowed in the zone as a matter of right, but which is permitted upon findings of the designated authority that, under the particular circumstances present and subject to specific conditions, is in harmony with the permitted uses of the zone. Allowable Long Beach Planning and Development Commission Approvals are listed under the district regulations. Uses not so listed shall not be allowed as Long Beach Planning and Development Commission Approvals.

(249)

Variance. An adjustment of terms in this ordinance where such variances will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height and size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance or be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

(250)

Wall. Any structure or device forming a physical barrier, which is so constructed that fifty (50%) percent or more of the vertical surface is closed to prevent the passage of light, air, and vision through said surface in a horizontal plane. This shall include concrete, concrete block, wood, or other materials that are solids and are so assembled as to from a solid barrier.

(251)

Work-live Unit. A mixed use of commercial and residential uses. It typically has a substantial commercial component with incidental residential use.

(252)

Yard. An open space at existing ground level between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided in this ordinance. For the purpose of determining yard measurements, the least horizontal distance between the lot line and the maximum permissible main building shall be used.

(253)

Yard Sale/Garage Sale. A temporary 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.

(254)

Yard, Front. That area of yards which extends along the entire length of the front line of a lot, within the two sidelines and the minimum horizontal distance between the street right of way and the front building setback.

(255)

Yard, Rear. A yard extending across the rear of a lot between the side lot lines, and being the required minimum horizontal distance between the rear lot line and the rear of the maximum permissible main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

(256)

Yard, Side. That area of a yard which extends along the entire side lot line between the front and rear lot lines and the minimum horizontal distance between the side lot line and the side building setback.

(257)

Zero Lot Line Construction. Detached single-family dwelling units constructed on only one of the side lot lines.

(258)

Zoning Board of Adjustments. The Long Beach Board of Zoning Adjustments.

(259)

Zoning District. A section of the appropriate jurisdiction designated in the land use ordinance of the jurisdiction and delineated on the zoning map or district map of the jurisdiction, in which requirements must be uniform.

(260)

Zoning Map. The official zoning map or maps that are a part of this land use ordinance and delineate the boundaries of the zoning districts within the applicable jurisdiction.

(Ord. No. 631, § 3, 11-7-2017)

(a)

Whenever a lot in single ownership of one acre or less in size and is located within two or more different zoning districts, the district regulations applicable to the district within which the larger portion of the lot lies shall apply to the entire lot.

(b)

Whenever a lot in single ownership is greater than one acre in size and is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.