The purpose of the following definitions is to further clarify the terminology used in the McComb Land Use Regulations Ordinance. Section 9.2 includes definitions related to Zoning and Section 9.3 defines terms for Subdivision of Land.

For the purpose of this ordinance certain words or terms used herein shall be defined as follows:

9.201 Accessory building, accessory structure or uses. An "accessory building, accessory structure or use" is one which:

A.

Is subordinate to and serves a principal building or principal use;

B.

Is subordinate in area, extent or purpose to the principal building or principal use served;

C.

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served;

D.

Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than the same zoning lot with the building or use served;

E.

Occupies not more than five percent (5%) of the area of the lot on which the main building is situated and which is not higher than the principal building and in residentially zoned districts shall not exceed twenty (20) feet in height.

An "accessory use" in business or commercial zoning districts includes, but is not limited to, storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.

F.

A home occupation is a necessary use subordinate to and incidental to the primary use of the premises. For the purpose of this ordinance, it includes such uses as the office of a physician or other professional person and activities such as dressmaking or tailoring; providing such occupations meet the following requirements:

1.

Only one (1) nonilluminated sign no larger than one (1) square foot in area shall be used;

2.

Nothing shall be done to make the building appear in any way as anything but a dwelling;

3.

No business such as a shop or store shall be conducted upon the premises.

4.

Not more than one (1) assistant or employee shall be employed from outside the resident family;

5.

Mechanical equipment used shall be only normally used in, or found in, a single-family dwelling.

Provided, however, that for the purpose of this ordinance, beauty shops and barbershops are home occupations.

9.202 Terms used herein shall be defined as follows:

Alley. A narrow thoroughfare upon which abut generally the rear of premises or upon which service entrances of buildings abut and which is not generally used as a thoroughfare by pedestrians or vehicles, and which is not used for general traffic circulation or which is not in excess of thirty (30) feet in width at its intersection with a street.

Amusement Center. Any indoor place or enclosure [in] which is maintained or operated for the amusement, patronage, or recreation of the public any coin-controlled amusement device of any description, commonly known as video games, pool or billiards, and pinball amusement games.

Apartment. One (1) or more rooms in an apartment building or combination apartment and commercial buildings, arranged, intended, or designed or occupied as a dwelling unit of a single family, an individual, or a group of individuals.

Apartment Building. A multiple-family dwelling originally designed and constructed to accommodate five or more apartments, designed with more than one dwelling unit connected to a common corridor or entranceway in contrast to single- or two-family dwellings converted for multiple-family use or attached row dwellings (party-wall type) as defined herein.

Arcade. A continuous area at ground level open to a street or plaza, which is open and unobstructed to a height of not less than twelve (12) feet, and which is accessible to the public at all times. Any portion of an arcade occupied by building columns, landscaping, statuary, or pools shall be considered to be part of an arcade for the purpose of computing a floor area. The term "arcade" shall not include off-street loading areas, driveways, off-street parking areas, or pedestrian ways accessory thereto.

Area. Synonymous with the word "tract" which is "a piece of land capable of being described with such definiteness that its location may be established and boundaries definitely ascertained."

Automobile Body Shop. Any building, or portion thereof, used for the repair or straightening of a motor vehicle body or frame, and/or painting of motor vehicles. Maintenance, service and engine repair may be performed as an ancillary function to the body work.

Automobile Service Station. Any building, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing or sale of vehicular fuel.

Billboard and Poster Panel. Any structure affixed to the surface of the land or to any building, tower, or other structure designed, arranged, used, or intended to be used exclusively for outdoor advertising and which is rented, leased, or otherwise used in outdoor advertising where a consideration is charged.

Block. A tract of land bounded by dedicated streets, which has been subdivided for building development.

Board of Adjustment. Refers to the Board of Adjustment established in Article 7.

Board Of Mayor and Selectmen. Elected representatives of the designated voting districts of the City of McComb City.

Buildable Area. The space remaining on a zoning lot after the minimum open space requirements and environmental standards of this ordinance have been complied with.

Building. A permanent structure having a foundation, and a roof supported by columns or walls, for the enclosure of persons, animals, chattels or moveable property of any kind. When said structure is separated by division walls from the ground up and without openings, each portion of such structure shall be deemed as a separate building.

Building Area. A maximum horizontal projected area of a building and its accessory buildings, excluding only cornices projecting not more than twenty-four (24) inches, open steps and terraces.

Building, Completely Enclosed. A "completely enclosed building" is a building separated on all sides from the adjacent open space, or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Building, Detached. A building surrounded by open space, said open space being on the same zoning lot as the building.

Building Line. A line formed by the outer face of the closing wall of a building, structure or portion thereof and the surface of the ground.

Building Setback Line. The distance between the building line and the street line in a district, lot, tract, or parcel of land.

Building, nonconforming. See Nonconforming building.

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

Building, Temporary. A structure without a foundation, having a roof supported by columns or walls for the enclosure of persons, animals, chattels or moveable property of any kind.

Bulk. The term used to describe the size of buildings or other structures, and their relationships to each other and to open areas and lot lines, and therefore includes: (a) the size of buildings or other structures, and (b) the area of the zoning lot upon which a residential building is located, and (c) the number of dwelling units or rooms within such building in relation to the area of the zoning lot, and (d) the shape of the buildings or other structures in relation to other walls of the same building, to legally required windows, or to other structures, and (e) all open areas relating to buildings or other structures and their relationship thereto.

Business. The word "business" or the word "commerce" when used in this ordinance means engaging in the purchase, sale, barter, or exchange of goods, wares, or merchandise; or the maintenance or operation of offices or recreational or amusement enterprises.

Campground. Any area or tract of land used to accommodate two (2) or more camping parties, including cabins, tents, house trailers, or other camping outfits.

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.

Clinic. An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.

Clinic or Medical Center. An establishment where patients are admitted for treatment by two or more licensed physicians and their professional associates, practicing medicine together, with the treatment or care in the building limited to periods of less than 48 total hours in any week.

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

Commission. Planning Commission of The City of McComb City.

Community Center. A building designed to serve as the social center of a town, district, etc.

Compatible Use. A use which is capable of existing in harmony with other uses situated in its immediate vicinity.

Conditional Use. A use which may be permitted in a district either through the granting of a special exception specifically listed in this ordinance or through the Board of Mayor and Selectmen that the use meets special conditions.

Conversion. The changing of use or occupancy of a dwelling by alteration or by other reorganization so as to increase the number of families or dwelling units in a structure.

Corner Lot. A lot in the junction of and fronting on two or more intersecting streets.

Court. On a lot having more than one (1) dwelling unit, an open unoccupied space, other than a yard, on the same lot with a building or group of building and which is bound on two (2) or more sides by such building or buildings.

Coverage. That percentage of the plot or lot area covered by the building area.

Dancehall. A cafe, restaurant or other place where dancing is done to music provided by record player, other sound amplification system or orchestra.

Day Care Center. A child care facility (not a residence) which provides shelter and personal care for six (6) or more children under the age of thirteen (13) during all or part of the day.

Day Care Home. An owner-occupied residence which receives not more than fifteen (15) children under the age of thirteen (13) for care during all or part of the day. The maximum of fifteen (15) children shall include the natural or adopted children [who are] occupants of the premises under thirteen (13) years of age.

(Ord. No. 03:03/93, 3-23-1993, § 2)

Depth of Rear Yard. The mean horizontal distance between the rear line of the buildings and the centerline of the alley, where an alley exists, otherwise the rear lot line.

Development, Cluster. A "cluster development" is a planned development or subdivision of a tract of land into residential lots.

District. A part of the City wherein regulations of this ordinance are uniform.

Driveway. That space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street.

Dwelling. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units and multiple-family dwelling units, but not including hotels, boarding or lodging houses.

Dwelling, Attached (Group [Houses], Row [Houses], or Townhouses). A building, or a portion of a building, containing three (3) or more dwelling units joined by a party wall or walls provided those dwellings are not either straight above or below a dwelling intended for use by another separate, independent family. Permitted dwelling units above commercial establishments will be exempt from this definition.

Dwelling, Converted. Any building which was originally designed and constructed as a one-, two-, or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for more families than the original buildings.

Dwelling, Detached. A dwelling entirely surrounded by open space, said open space being on the same zoning lot as the dwelling.

Dwelling, Multiple-Family. A dwelling containing three or more dwelling units designed with more than one dwelling unit connecting to a common corridor or entranceway, originally constructed for said purposes, and not including converted dwellings or attached row dwellings (party wall type) as defined herein.

Dwelling, Semi-Detached (Duplex). A dwelling unit joined to one other dwelling unit by a party wall.

Dwelling, Single-Family. A building containing accommodations for and occupied by one family only.

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

Dwelling Unit. One (1) or more rooms in a dwelling or apartment-hotel designed for occupancy by one (1) family for living purposes and having its own permanently installed cooking and sanitary facilities.

Educational Institution. Public, parochial, charitable, or junior college, college, or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

Establishment, Business. A separate place of business having the following characteristics:

A.

The ownership and management of all operations conducted within such establishment are separate and distinct from the ownership and management of operations conducted within other establishments of the same or adjacent zoning lot.

B.

Direct public access to such "business establishment" is separate and distinct from direct access to any other "business establishment."

Family. An individual, or two or more persons related by blood, marriage or adoption, or a group of not more than three persons (excluding servants), not related by blood, marriage or adoption, living together as a single house-keeping unit in a dwelling unit, but not including sororities, fraternities or other similar organizations.

Fence, General. A structure used to delineate a boundary or as a means of confinement.

Fence, Solid. A fence having a regular pattern of between ten (10) and fifty (50) percent open area throughout the length of the fence.

Final Development Plan. The plan that is the basis for the [code] inspector to issue a special building permit for a Planned Development.

Floor Area (For Determining Floor Area Ratio). For the purpose of determining the floor area ratio, the "floor area" of a building is the sum of the gross horizontal area of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The "floor area" of a building shall include basement floor area when more than one-half (½) of the basement height is above the established curb level or above the finished lot grade level where curb level has been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment except equipment, open or enclosed, located on the roof-penthouses, attic space having headroom of seven (7) feet, six (6) inches or more, interior balconies and mezzanines, enclosed porches and floor are devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in "floor area." The "floor area" of structures devoted to bulk storage or materials—including, but not limited to, grain elevators and petroleum storage tanks—shall be determined on the basis of height in feet; i.e., ten feet in height shall equal one floor.

Floor Area, Gross (GFA) (For Determining Off-Street Parking and Loading Requirements). "Floor Area" is the sum of the gross horizontal areas of the several floors of a building or structure measured from the interior faces of the interior walls or from the interior line of walls separating two (2) buildings or structures, including the following. The "floor area" of a building shall include:

A.

Floor area of the basement if it is not used for other than storage except as required for (g) below.

B.

Penthouses.

C.

Attics having headroom of seven (7) feet or more.

D.

Interior balconies and mezzanines.

E.

Enclosed process.

F.

Space devoted to accessory uses.

G.

Accessory storage areas located within selling or working spaces such as counters, racks or closets, or storage use in the conduct of business or use and calculated in the gross leasable area for multitenant buildings.

H.

Space devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

It shall not include:

A.

Elevator shafts and stairwells on each floor.

B.

Floor space used for mechanical, telephone and electrical equipment.

C.

Attics having headroom of less than seven (7) feet.

D.

Areas used for storage except as required by (g) above.

E.

Space devoted to off-street parking or loading facilities.

F.

Entrance lobbies.

G.

Washrooms intended for general public use.

Floor Area Ratio (F.A.R.). The "floor area ratio" of the building or buildings on any zoning lot is the floor area of the building or buildings on that zoning lot divided by the area of such zoning lot, or for planned developments, by the net site area.

Frontage. "Frontage" is all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

Funeral Home. A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.

Garage, Bus. Any building used or intended to be used for the storage of three or more passenger motorbuses or motor coaches used in public transportation, including school buses.

Garage, Private. A detached accessory building or portion of the main building, designed, arranged, used or intended to be used for the storage of passenger automobiles of the occupants of the premises.

Garage, Public. A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck-trailers and commercial vehicles exceeding one and one-half tons capacity.

General Terms. The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as individual. The present tense includes the future. The singular includes the plural and the plural 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.

Golf Course. A comparatively large unobstructed acreage involving enough room over which to walk or ride, point to point, over a generally prescribed course, and to strive to send a ball long distances with variable accuracy, all without unreasonably endangering other players or intruding upon them.

Grade, Street. The elevation of the established street in front of the building measured at curb level at the center of such front. Where no street grade has been established, the Director of Public Works shall establish such street grade or its equivalent for the purpose of this ordinance.

Height of Building. The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building at the highest point of the front. Where a building is located upon a terrace or slope, the height shall be measured from the average grade at the front of the building.

Historical District. Any area which contains improvements which: (a) have a special character of special historical or aesthetic interest or value; and (b) represent one or more periods or styles of architecture typical of one or more eras in the history of the City; and (c) cause such area, by reason of such factors, to constitute a distinct section of the City; and (d) has been designated as a historic district.

Home for the Retired. An establishment operated for the purpose of providing domiciliary care for a group of persons who by reason of age are unable to provide such care for themselves and who are not in need of medical or nursing treatment except in the case of temporary illness.

Home Occupation. Any activity or accessory use conducted in a dwelling unit for financial gain by a member of the household residing therein which is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

Home Occupation or Profession. Any use customarily conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

Hospital or Sanitarium. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for not less than 24 hours in any week, of three or more nonrelated individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term "hospital" as used in this ordinance does not apply to institutions operating primarily for treatment of insane persons, drug addicts, liquor addicts or other types of cases necessitating restraint of patients and the term "hospital" shall not include convalescent, nursing, shelter or boarding homes.

Hotel. A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse, a lodging house, or an apartment house, which are separately defined.

Incompatible Use. A use which is incapable of existing in harmony with other uses situated in its immediate vicinity.

Institution. A nonprofit corporation or a nonprofit establishment for public use.

Institutional Housing. Any structure or building which is owned and/or operated by a public or private institution and is used for or intended to be used for rehabilitative programs, shelter programs, and/or special housing for mentally or physically handicapped persons, where the occupants are allowed to interact with the community while in residence. Institutional housing shall be allowed only when licensed by the appropriate state and/or local agency and under such terms and conditions which the Board of Mayor and Selectmen deem necessary to protect the occupant and the surrounding area.

Intersecting Street. Any street or public way or court, thirty (30) feet or more in width which joins another at an angle, whether or not it crosses the other.

Junkyard. Any parcel of land where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

Kennel. Any premises, except where accessory to an agricultural use, where three (3) or more dogs, ten (10) weeks in age or older, are kept.

Kennel, Commercial. Any lot or premises or portion thereof on which more than four dogs or cats or other household domestic animals, over four (4) months of age, are kept or on which more than two such animals are boarded for compensation or kept for sale.

Laboratory, Commercial. A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.

Landfill/Dump. All property, including negative and positive easements and water and air rights, which have been used by public and private entities for the disposal of solid wastes.

Landmark. Any improvement, any part of which is thirty (30) years old or older, which has a special character or special historical aesthetic interest or value as part of the development, heritage, or cultural characteristics of the city, state, or nation and which has been designated as a landmark.

Landmark Site. An improvement, parcel, or part thereof, on which is situated a landmark and any abutting improvement, parcel or part thereof, used as and constituting part of the premises on which has been designated a landmark site.

Limited Access Highway. A "limited access highway" is a trafficway, including expressways and toll roads for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

Loading and Unloading Space, Off-Street. An open, hard-surfaced area of land, other than a street or public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public on the streets and alleys. Such space shall not be less than twelve (12) feet in width, fifty (50) feet in length and fourteen (14) feet in height, exclusive of access aisles and maneuvering space.

Lodge or Fraternal Order. A "lodge" is a hall or meeting place of a local branch or the members composing such a branch of a fraternal order, or society, such as the Masons, Knights of Columbus, Moose, American Legion and other similar organizations. It may be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests may be allowed provided it is secondary and incidental to the promotion of some other common objective by the organization and further provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State and City laws.

Lot. A parcel of land occupied or to be occupied by one building and accessory buildings and uses and including the open spaces required under these regulations. A lot may be land so recorded on the records of the Chancery Clerk of Pike County, but it may include parts of or a combination of such lots when adjacent to one another, provided such is used for only one improvement and resubdivided or combined and properly recorded.

Lot, Corner. A lot located at the intersection of two streets or a lot bounded on two sides by a curving street and two chords of which form an angle of one hundred twenty (120) degrees or less measured on the lot side.

Lot Coverage. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

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

Lot, Double Frontage. A lot having frontage on two nonintersecting streets as distinguished from a corner lot.

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

Lot of Record. A lot which is part of a subdivision, the map of which has been recorded in the office of the Clerk of Court of Pike County, Mississippi; or a parcel of land which became legally established and defined by Deed or Act of Sale on or before the date of adoption of this ordinance.

Lot Line, Adjoining A Street. A front lot line or a side lot line of a corner lot which abuts a street, or a rear line of a double frontage lot.

Lot Line, Front. The front property line of a zoning lot.

Lot Line, Interior. A side lot line common with another lot.

Lot Line, Rear. The rear lot line is the lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.

Lot, Through. A lot, other than a corner lot, having frontage on more than one street.

Lot Width. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.

Main Building. A building in which is conducted the main or principal use of the lot on which said building is located.

Manufactured Home. A structure transportable in one or more sections, which in the traveling mode is at least eight feet wide or forty (40) feet long, or which when erected on site is at least three hundred twenty (320) square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. This includes any structure that meets all of the requirements of this definition, except for the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the U.S. Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) as amended. This term does not include a "Recreational Vehicle."

(Ord. No. 9:09/04, § I, 9-28-2004)

Mayor. The elected Mayor of the City of McComb City.

Mobile Home. Any vehicle or similar portable structure mounted or designed for mounting on wheels, used or intended for use for dwelling purposes, including structural additions, except parked and unoccupied camping-type trailers. Any such vehicle or structure shall be deemed to be a mobile home whether or not the wheels have been removed therefrom and whether or not resting upon a temporary or permanent foundation.

Mobile Home or Manufactured Housing are one and the same and means a vehicle or similar portable construction having been constructed with wheels (whether or not such wheels have been removed) and having no permanent foundation other than wheels, jacks or skirting and so designed or constructed as to permit permanent occupancy for dwelling or sleeping purposes. "Mobile Home" shall be designed as a single wide, double wide or triple wide and manufactured to standards established by HUD in 1974 and recognized as meeting the standards established by the Mississippi State Fire Marshal.

(Ord. No. 9:09/04, § I, 9-28-2004)

Mobile Home Lot. A designated site within a mobile home court for the exclusive use of the occupants of a single mobile home.

Mobile Home Park means any plot of ground consisting of three (3) or more acres which shall be used exclusively for the location of mobile or manufactured housing.

(Ord. No. 9:09/04, § I, 9-28-2004)

Mobile Home Space means a plot of ground within a mobile home park designed for the accommodation of one mobile/manufactured home.

(Ord. No. 9:09/04, § I, 9-28-2004)

Modular Home. A dwelling of preconstructed components which are shipped to a site and assembled there.

Motel. A "motel" is an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. A "motel" furnishes customary hotel services such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a "motel" less than fifty percent (50%) of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.

Motor Vehicle. A "motor vehicle" is any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.

Museum. A nonprofit, noncommercial establishment operated as a repository or a collection of nature, scientific, or literary curiosities or objects of interest of works of art, not including the regular sale of distribution of the objects collected.

Nonconforming Building. A building or a structure or portion thereof lawfully existing at the time of adoption of this ordinance, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

Nonconforming Use. A use which lawfully occupied a building or land at the time of adoption of this ordinance and which does not conform with the use regulations of the district in which it is located.

Noxious Matter or Materials. "Noxious matter" is matter which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

Nursery. Any land used to raise trees, shrubs, flowers, and other plants for sale or for transplanting.

Nursery School. A school designed to provide daytime care or instruction for two or more children from two (2) to five (5) years of age inclusive, and operated on a regular basis.

Nursing Home. A home for the aged, chronically ill, or incurable persons in which three or more persons not of the same immediate family are received, kept, or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Occupancy. Pertains to and is the purpose for which a building is used or intended to be used. A change of occupancy is not intended to include a change of tenants or proprietors.

Odorous Matter. "Odorous matter" is any matter or materials that yield an odor which [is] offensive in any way.

Office. A room or building in which a person transacts his business or carries on his stated occupation.

Office Building. A building designed for or used as the offices of professional, commercial, industrial, religious, public or semipublic persons or organizations.

Open Space. An unoccupied space open to the sky on the same lot with the building.

Park. A pleasure ground set apart for recreation for the public to promote its health and enjoyment.

Parking Area, Private. An open, hard-surfaced area, other than a street or alley, used only for the parking of private passenger automobiles, of occupants of the building or buildings for which the parking area is developed and is accessory.

Parking Area, Public. An open hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half ton capacity and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking Space. Space within a public or private parking area of not less than one hundred sixty (160) square feet (eight (8) feet by twenty feet) exclusive of access drives or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half ton capacity.

Particulate Matter. "Particulate matter" is a material, other than water, which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.

Performance Standard. A "performance standard" is a criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by, or inherent in, uses of land or buildings.

Planned Commercial Center. Any commercial development, consisting of one or more buildings containing two or more stores or offices. Such a development may be planned or developed as a coordinated unit or with an integrated arrangement of stores, offices, buildings and facilities. A Planned Commercial Center shall be considered as a single unit for all purposes within the meaning and scope of this ordinance.

Planned Development. A "planned development" is a tract of land which is developed as a unit under single ownership or control, which includes two or more principal buildings and which is at least two (2) acres. In residential districts said "planned development" includes an adjusted density housing project where existing or contemplated street or streets and lot layouts make it impractical to apply the bulk regulations of this ordinance to the individual units in such a development.

Planning Commission. The Commission appointed by the Board of Selectmen to review planning information as put forth in this ordinance.

Porch. A roofed structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.

Premises. Land and all buildings and structures thereon.

Principal Use. The primary purpose or function that a lot serves or is intended to serve.

Professional Office. The office of a person engaged in any occupation, vocation, or calling, not purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application.

Public Building. Any building held, used, or controlled exclusively for public purposes by any department or branch of government, state, county, city, or municipality, without references as to the ownership of the building or of the realty upon which it is situated.

Public Open Space. Any publicly owned open area, including but not limited to the following: Parks, playgrounds, school sites, parkways and streets.

Public Utility. Any person, firm or corporation duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, telegraph, transportation, water or sewage system.

Public Way. A "public way" is any sidewalk, street, alley, highway or other public thoroughfare.

Quarrying. The digging out of stone or slate from an open excavation.

Railroad Right-of-Way. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops or water towers.

Rear Yard. An open space, including driveways and parking areas, unoccupied other than by permitted accessory buildings or uses, extending from the rear building line of a principal building to the rear lot line, between the side building lines, projected to the rear lot line.

Restaurant. A business establishment where food is prepared and served for consumption primarily within the principal building.

Rest Home or Nursing Home. A "rest home or nursing home" is a private home for the care of children or the aged or infirm. Such home does not contain equipment for surgical care or for treatment of disease or injury and is not primarily developed for mental patients or alcoholics.

Setback. The minimum horizontal distance between the street-side wall of a building and the street property line.

Sign. A "sign" is a name, identification, description, display, or illumination which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business.

Sign, Flashing. A "flashing sign" is any illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when such sign is in use. For the purpose of this ordinance, any revolving, illuminated sign shall be considered a "flashing sign."

Sketch Plan. The plan that is the basis for approval by the Board of Mayor and Selectmen to proceed with the Final Development Plan for a Planned Development.

Solar Energy. Radiant energy received from the sun at wavelengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

Solid Waste. Garbage, refuse and other discarded solid materials including solid waste materials resulting from industrial, commercial and agricultural operations.

Start, Commencement. The doing of some act upon the ground on which the building is to be erected, and in pursuance of a design to erect, the result of which act would make known to a person viewing the premises, from observation alone, that the erection of a building on that land had been commenced.

Store. A use devoted exclusively to the retail sale of a commodity or commodities.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is not floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen feet or fraction thereof.

Story, Half. A half-story is that portion of a building under a gable, hip or mansard roof, the wall plates of which, on at least two (2) opposite exterior walls, are not more than four and one-half (4½) feet above the finished floor of such story. In the case of multiple-family dwellings, three (3) or more stories in height, a half-story shall be counted as a story.

Street. All property dedicated or intended for public highway, freeway or roadway purposes or subject to public easements thereof.

Street Line or Right-Of-Way Line. The dividing line between a lot, its property line or lines, and a public right-of-way, a public street, road, or highway; or a private street, road or highway, over which two or more abutting owners have an easement or right-of-way.

Structural Alterations. Any change in either the supporting members of a building, such as hearing walls, columns, beams, or girders, or in the roof and exterior walls.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas, and latch houses used in connection with plant nurseries.

Swim, Golf or Tennis Club. A voluntary or corporate association owned solely by its members, the objectives, pursuits, and the purposes of which are social or recreational, operating or formed for the purposes of operating a club on a membership basis and not operated for profit, the principal facilities of which shall be a swimming pool or pools, golf course and/or tennis court or courts owned by it and maintained on land owned or leased by it, and which may maintain and operate on the same premises such accessory facilities owned by it as usually provided by a swim, golf or tennis club. Accessory facilities shall not include bowling alleys.

Through Lot. A lot having its front and rear lot lines on adjacent and substantially parallel streets, otherwise known as a double-frontage lot.

Townhouse. A single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation between walls or roofs.

Trailer. A vehicle equipped for use as [a] dwelling and designed to be hauled along a highway. A vehicle standing on wheels or rigid supports which is used for living or sleeping purposes.

Unobstructed Open Space. Land not covered by buildings or structures.

Use. The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied, maintained, let or leased.

Use, Permitted. A "permitted use" is a use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such district.

Use, Principal. A "principal use" is the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be either "permitted" or "conditional."

Warehouse. A structure or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

Yard. An open space on the same zoning lot with a principal building or group of buildings which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this ordinance and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

Yard, Front. A yard extending across the full width of the zoning lot in accordance with the setback requirements of this ordinance (see definition of Setback). Corner lots - see definition for Corner Lots.

Yard, Rear. A yard which is bounded by side lot lines, rear lot line and rear yard line.

Yard, Side. A yard which is bounded by the interior side lot line, side yard line, the front building line and rear yard line.

Yard Line, Front. See Building Line.

Yard Line, Rear. A line or lines in a lot which are parallel to the rear lot line or lines which are not nearer to the rear lot line or lines at any point than the required rear yard depth.

Yard Line, Side. A line [in] a lot which is parallel to the side lot line and which is not nearer to the side lot line at any point than the required side yard depth.

Yard Line, Side Adjoining a Street. A line in a lot which is parallel to the lot line adjoining a street and which is not nearer to the lot line adjoining the street at any point than the depth of the front yard for that lot, unless otherwise permitted in this or other ordinances.

Zoning Lot. A plot of ground, made up of one or more parcels, which is or may be occupied by a use, building or buildings including the open spaces required by this ordinance.

Zoning Map. The map or maps incorporated into this ordinance as a part thereof, designating zoning districts.

For the purpose of this ordinance, certain words or terms used herein shall be defined as follows:

Boulevard. A double street or roadway separated by a neutral ground.

[Code] inspector. Qualified City employee charged with the inspection of work of the developer or his agents and with the issuance of occupancy certificates.

Developer. The person, firm or corporation who proposes to subdivide property into smaller lots or parcels to be subsequently used as Commercial or Residential sites.

Development. The land to be subdivided and platted along with the improvements made thereon.

Director of Inspections and Zoning. The official employed as the City Zoning Director to assist all concerned with the implementation of the Regulations.

Easement. The right granted by the property owner to use a parcel of land for specified purposes, such as public utilities, drainage and other public purposes, the title of which shall remain with the property owner, subject to the right of use designated in the reservation of the easement. Easement and servitude are the same.

Final Plan. The plan which is to be given final approval by the Board of Selectmen and will be placed on file with the Chancery Clerk as a county public record.

Frontage. That portion of a lot abutting on a street, road, highway or other public way measured along the dividing line between the public way and the private property.

Preliminary Plan. The plan which is to be the basis for all construction of improvements and is to receive preliminary approval by the Board of Selectmen.

Resubdivision. The further division of lots or relocation of lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the establishment of any new streets within any such subdivision.

Right-of-Way (ROW). The strip of land adjacent to or through a subdivision which is to accommodate a road, street, pipeline or drainage easement.

Street, Frontage or Service. A minor street auxiliary to and located on the side of a major street for service to abutting properties and adjacent areas for control or access and protection from through traffic.

Subdivider. Any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.

Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into four (4) [or] more lots, parcels, site units, plots or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. For the purpose of these regulations, subdivision includes the dedication, vacation or reservation of any public or private road, highway, street, all servitude or easement through a tract of land regardless of the area involved.

Subdivision Restrictions. Restrictive covenants to be legally recorded which the developer places upon the lots for future owners for the well-being of all owners to protect values and to prevent abuses and nuisances that would disturb other occupants in the subdivision.

(Ord. of 10-13-1987, § 1)

[ARTICLE X. LAND USE SUMMARY TABLE]