For the purpose of this chapter certain terms and words are hereby defined. The interpretation of any word, phrase, or term not defined herein shall be based upon its common and ordinary usage as defined by the zoning board of adjustment.

(1)

Words used in the present tense shall include the future tense.

(2)

Words in the singular number include the plural number, and words in the plural number shall include the singular number.

(3)

The term "building" includes the words structure and premises.

(4)

The term "shall" is mandatory.

(5)

The term "may" is permissive.

(6)

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

(7)

The term "used" or "occupied" includes the term "intended," "designed," or "arranged" to be used or occupied.

(8)

The term "lot" includes the word plot, tract, or parcel.

(Ord. of 2-16-2010, § 200)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means the discontinuance of a nonconformity voluntarily for a period of 12 months with the intent to abandon, or the commission of an overt act of substantial discontinuance for a period of 12 months with or without voluntary intent.

Accessory building means a subordinate building which is incidental to and customary in connection with the principal building or use and located on the same lot.

Accessory uses means a use of structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.

Administrative official means the city official, designated by the mayor and board of aldermen, to administer the terms of this chapter.

Agriculture means the raising or growing of crops only. The zoning board of adjustment may by special exception permit the raising of fowl or livestock, except swine, in any rural or outlying fringe area within the city, providing such use does not constitute a nuisance or health hazard.

Airport means any area of land or water, whether of public or private ownership, designed and set aside for the landing and taking off of aircraft, including all contiguous property that is held or used for airport purposes.

Airport hazard means any structure, tree, or use of land that obstructs the air space required for the flight of aircraft. The term "obstructs" includes any interference with or any situation that creates a hazard to the control of tracking and/or data acquisition in handling, taking off, or flight at any airport, or any installation or facility relating to flight and tracking and/or data acquisition of flight craft that is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.

Airport hazard area means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter, and for the purposes hereof, in that area underlying or within the lateral limits of the imaginary surfaces that are within the controlled area of these regulations.

Alley means a permanent service way providing a secondary means of access to abutting properties. For the purpose of this chapter, any street or lane with a right-of-way width of less than 25 feet is considered to be an alley.

Apartment house. Same as Dwelling, multiple.

Approach departure path means a path for flight in a plane leading outward and upward from the end of the take-off and landing area under which adequate areas are located to permit a safe landing in the event of a malfunction.

Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area is designated by the Federal Emergency Management Agency as various zone classifications that may change from time to time on the flood insurance rate map.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called the 100-year frequency flood).

Basement means a story having one-half or more of its height below grade.

Bed and breakfast means a building or portion thereof, formerly a single-family dwelling unit, where an owner/operator is paid for lodging in a limited number of guest bedrooms for specific time periods with meals provided only to registered guests. The term "bed and breakfast" does not include hotels, restaurants, cafes, or any other activities that involve sales or services to nonregistered guests.

Boardinghouse means a roominghouse (other than a hotel or motel) where, for compensation and by prearrangement for definite periods, meals and/or lodging are provided for three or more, but less than 12, persons on a weekly or monthly basis.

Building means any structure having a roof supported by columns or walls built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery, or equipment.

Building height means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck lines for mansard roofs, and to the mean height between eaves and ridge line for gable, hip and gambrel roofs.

Building line means that line, between a building and the street right-of-way line, on which no building or part thereof may be erected, except as provided in these regulations.

Building official means an official designated by the governing authority to implement the city's building code.

Building setback line means a line established a minimum distance specified by this chapter inside and parallel to a given lot line (front, rear, or side). No building or structure shall be constructed or erected between the building setback line and the given lot line.

Certificate of occupancy means a certificate indicating that the premises comply with all the provisions of this chapter and the Building Code of Moss Point, Mississippi. (Note: the certificate of occupancy is issued after approval of a development approval and construction has occurred pursuant to the development approval.)

Church means a building used principally for religious worship, but the term "church" shall not include or mean an undertaker's chapel, funeral building, a religious educational institution or parochial school or day care center.

Clinic means a facility wherein professional services concerning the personal health of humans are administered by medical doctors, dentists, chiropractors, osteopaths, optometrists, or any other such profession which may be lawfully be practiced in the state. Persons treated shall not be lodged therein overnight.

Cluster development means a development pattern for residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.

Common area means a parcel of land, or an area of water, or a combination of land and water, and/or developed facilities and complimentary structures and improvements, including, but not limited to, areas for vehicular and pedestrian access and recreational facilities within the site.

Comprehensive plan means the Moss Point, Mississippi Comprehensive Plan, adopted September 15, 2009.

Condominium means a unit available for sale in fee simple contained in a multi-occupancy project subject to covenants, conditions, and restrictions placing control over the common facilities owned by the condominium. The term "condominium" means a condominium, cooperative, trust, partnership, or other similar association.

Controlled area, airport, means that area within which the airport zoning regulations are effective, and which includes all airport hazard areas that are within the corporate limits of the city and the area outside the corporate limits the city, which is within a rectangle bounded by lines located 1.5 statute miles (7,920 feet) from the centerline and lines located five statute miles (25,400 feet) from each end of the paved surfaces of each of the runways.

Convenience store means a neighborhood type retail service establishment or general store that sells fuel and is not a service station.

Court, inner, means an open space without a roof surrounded on four sides by a building or structure.

Court, outer, means an open space without a roof surrounded on three sides by a building or structure and with one end open.

Day care center means a place which provides shelter and personal care on a regular basis for six or more children who are not related within the third degree computed according to civil law to the operator for four or more hours of any part of the 24 hour day, whether such place be organized or operated for profit or not. The term "day care center" includes childcare facility, kindergarten, nursery or any other facility that falls within the scope of this definition, regardless of auspices.

Density means the number of dwelling units per acre of gross land area.

District means a section of the city for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.

Drive-through use means an establishment that by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services, to obtain goods, or to be entertained while remaining in their motor vehicles.

Dwelling, mobile home, means a movable residential dwelling designed for yearround occupancy, once connected to required utilities, with no foundation other than wheels, jacks, or skirting, and capable of being moved, towed, or transported by another vehicle. Removal of its wheels and placement upon a permanent foundation shall not warrant reclassification to a conventional single-family dwelling.

Dwelling, multifamily, means a residential building designed for three or more families, living independently, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single-family, means a detached residential building designed for occupancy exclusively by one family.

Dwelling, two-family (duplex), means a detached residential building containing two dwelling units and designed for occupancy by not more than two families living independently of each other and being located on a single lot.

Dwelling unit means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

Fabrication means the manufacturing, excluding the refining or other initial processing of basic raw materials, such as metal, ores, lumber, or rubber. The term "fabrication" relates to assembling, stamping, cutting, or otherwise shaping the processed materials into useful objects.

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

Farm means an area of more than ten acres located outside a recorded subdivision which is used for the growing of the usual farm products such as vegetables, fruit, trees, hay, cotton, and grain and their storage on the area, as well as the raising of the usual farm poultry and farm animals if a special exception permit for the raising of fowl or livestock, except swine, is issued by the zoning board of adjustment. The term "farming" includes the operating of such an area for one or more of the above uses with the necessary accessory uses for treating or storing the produce, provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided further that the term "farming" does not include the extraction of minerals, the feed of collected garbage to animals or intensive livestock raising, such as commercial feed lots, large batteries of rabbit hutches or poultry lots or coops.

Farm building or structure means any building or structure upon a farm having no dwelling facilities and constituting a necessary accessory building or structure for treating, processing, storing, and assembling of farm produce or products associated with farm production, and/or the storage and maintenance of tools and/or implements involved in normal farming activities conducted on the farm.

Flea market means a market held in an open area or structure where groups of individual sellers offer goods for sale to the public when the individual seller has procured a privilege license to do business within the city.

Flood hazard boundary map means an official map or plot of an area issued or approved the Federal Insurance Administrator on which the boundaries of the floodprone areas having special hazards have been drawn.

Flood, 100 year, means the highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has one percent chance of occurring each year).

Floodway means the channel of a watercourse and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or any natural stream or river.

Floor area means the total number of square feet of floor space within the exterior walls of a building, not including unheated space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

Fraternal organization means a group of people formally organized for a common interest, usually for cultural, religious, or entertainment purposes, with regular meetings, rituals, and formal written membership requirements.

Garage, private, means an accessory building or an accessory portion of the principal building, including a carport, which is intended for and used for storing privately owned motor vehicles, boats, and trailers of the family residing on the premises, and in which no business, service or industry is carried on.

Garage, public, means any building or premises, except those used as private or storage garages, used for equipping, repairing, hiring, selling, or storing motor-driven vehicles. The term "repairing" shall not include the rebuilding, dismantling, or storage of wrecked or junked vehicles.

Garage, storage, means any building or premises used for housing only motor-driven vehicles, other than trucks and commercial vehicles, pursuant to previous arrangement for storage and not opened to transients, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired, or sold.

Glide path means a ratio equation used for the purpose of limiting the overall height of vertical projections in the vicinity of private or public airports. The ratio limits each foot of height for a vertical projection based upon a horizontal distance measurement.

Governing authority means the mayor and board of aldermen of the City of Moss Point, Mississippi.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five feet from the road line, then the elevation of the road at the center of the wall adjoining the road shall be the grade.

Group home means 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.

Height limit means, for purposes of the airport overlay zone, the elevation in feet above mean sea level, the projection above which a proposed structure or tree is not permitted, except as otherwise provided in this chapter.

Historic district means an area, urban or rural, defined as an historic district by the city, state or federal authority, and which may contain, within definable geographic boundaries, one or more buildings, objects, sites, or structures designated as exceptional or significant historic landmarks or clusters, as defined herein, including their accessory buildings, fences, and other appurtenances, and natural resources having historical, architectural, archaeological, and cultural significance, and which may have within its boundaries other buildings, objects, sites, or structures, which while not of such historical, architectural, archaeological, or cultural significance as to be designated landmarks, nevertheless contribute to the overall visual setting of or characteristics of the landmarks located within the district.

Home occupation means an occupation for gain or support with such occupation conducted only by members of a family residing on the premises and conducted entirely within the dwelling, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises, and provided that the space used for the home occupation shall not exceed 25 percent of the living area of the dwelling unit.

Horizontal zone means an area longitudinally centered on the perimeter of a private or public airport's runway that extends outward from the edge of the primary surface a distance equivalent to one statute mile.

Hotel means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, as distinguished from a boardinghouse.

Institution means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Junk car means any motor vehicle which does not have a current inspection sticker and license tag or is obviously in such condition as to be considered inoperable.

Junkyard means a parcel of land upon which the principal or accessory use is the accumulation of used, discarded, or worn out materials, or manufactured products, any of which may or may not be reusable or salable.

Kennel means an establishment where dogs or other pets are boarded for compensation or bred or raised on a commercial scale.

Loading space means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot means a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and open spaces as herein required. Such lot or parcel shall have frontage on an improved public street or an approved private street. A lot may consist of a single lot of record, a portion of a lot of record, a combination of complete lots of record, or a combination of complete lots of record and portions of lots of record. A lot is also a parcel of land described by metes and bounds. In no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

Lot, corner, means a lot abutting upon two or more streets or roads at their intersection.

Lot, coverage, means the amount of a lot area covered by buildings and structures, including accessory buildings and structures. Lot coverage regulations in this chapter are expressed as a percentage of lot area.

Lot, depth, means the horizontal distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot, double frontage, means a lot having a frontage on two non-intersecting roads, as distinguished from a corner lot.

Lot, frontage, means the front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner and through lots, all sides of a lot adjacent to streets shall be considered frontage, and front yards shall be as specified in the zoning district regulations.

Lot, width, means the horizontal distance between straight lines connecting front and rear lot lines at each side of the lot as measured across the rear of the required front yard.

Lot of record means a lot on which is a part of a subdivision recorded in the office of the county chancery clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded in compliance with all regulations and ordinances of the city at the time of its recording.

Lounge, bar ortavern, means a business which serves liquor, beer or wine to be consumed on the premises without a meal and which may also provide entertainment in the form of live or recorded music, bands, singers, piano players, dancing, floor shows and the like.

Manufactured home means a United States Department of Housing and Urban Development Code (HUD Code) manufactured home. For purposes of article X, Wetlands and floodplains protection, of chapter 8, pertaining to buildings and building regulations, the term "manufactured home" means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a recreational vehicle. Also known as "manufactured housing."

Miniwarehouse means a storage enterprise dealing with the reception of goods of residential or commercial orientation that lie dormant over extended periods of time. Separate storage units are rented to individual customers who are entitled to exclusive and independent access to their respective units.

Mobile home means a manufactured home that does not conform to the United State Department of Housing and Urban Development Code (HUD Code) or the local building code.

Mobile home park means a single lot area where two or more mobile homes can be or are intended to be parked, designed, or intended to be used as living facilities for two or more families.

Motel, motor court, motor lodge ortourist court means any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designated, used or intended wholly or in part for the accommodation of automobile transients.

Nonconforming use means a building, structure or use of land existing at the effective date of the ordinance from which this chapter is derived which does not conform to the regulations of the district in which it is located. Uses established after the passage of this chapter, which are in violation of this chapter, are illegal uses and shall not be given the status of nonconforming uses.

Nursery means land or greenhouses used to raise flowers, shrubs, trees, grass, and other plants for sale.

Nursery school means a child care facility offering a program for children between the ages of two and seven years for four hours or less per day.

Nursing home means a home for the aged or infirm in which three or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions.

Patio means an uncovered area, improved with concrete, brick or other hard surface, adjacent to a dwelling and used by occupants of the dwelling for leisure time activities, but not used for vehicle parking or storage.

Official zoning map means the map of all zoning districts, including, but not limited to, overlay and planned unit development districts, that is on file with the city municipal clerk and the administrative official's office.

Outdoor storage means the keeping, in an unroofed area, of any goods, junk, material, or merchandise in the same place for more than 24 hours.

Overlay zone means a zone that is superimposed over one or more zoning districts or parts of districts that imposes specified requirements in addition to those applicable in the underlying base zoning district.

Parking lot means an off-street, ground-level open area for the temporary storage of motor vehicles. The term "parking lot" does not include an area used exclusively for the display of motor vehicles for sale as part of an automobile dealership.

Pawn shop means a business that lends money on the security of pledged goods. Such business may also purchase merchandise for resale from dealers and traders.

Prefabricated building means a substantially completed permanent structure of which the structural or sub-assemblies are constructed off site, transported to the site and erected on a permanent foundation.

Premises means a lot, together with all buildings and structures thereon.

Property owner's association means an association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision, whether a lot, parcel site, unit plot, condominium, or any other interest is automatically a member as a condition of ownership, and each such member is subject to a charge or assessment for a prorated share of expense of the association, which may become a lien against the lot, parcel, unit, condominium, or other interest of the member.

Public service facility means any facility necessary with the operation or maintenance of a local governmental unit or a public utility as defined by the laws of the state.

Radio frequency emissions means any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna-supporting structure, building or other vertical projections.

Recreational building means a building which is totally enclosed, both with ceilings and walls, within which there is located facilities for the conduct of sports and other related recreational activities and which may include an outdoor swimming pool, or other outdoor sports facilities located directly adjacent to said enclosed facilities which are an integral part of the main facility. Any recreational facility may also have located with the sport facilities a pro shop wherein items are sold in connection with sports and recreational activities, a nursery to care for the children of the participants, and a shop for food and drink sales for the participants located therein. A recreational facility may include gymnastics, weight training, aerobics, adult fitness classes, martial arts training, dance lessons, cheerleading training and similar exercise activities. Such facilities may also include gymnasiums, indoor swimming pools, indoor handball and racquetball courts and indoor tennis courts. It may also include dance studios.

Recreational vehicle means a vehicle that is built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonable use.

Recreational vehicle park means an area of land which has as a purpose of providing a location for transient recreational vehicles to locate. The park provides services to the transient users and is managed.

Restaurant means an establishment where complete meals are prepared and served, and where beverages are customarily served to be consumed with the meal. These activities are primarily within the principal building.

Restaurant, carry out, means an establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.

Restaurant, drive in, means an establishment where food is sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.

Roadside stand means a temporary structure with a floor area of not more than 400 square feet, unenclosed, or partially enclosed, and so designed and constructed that the structure is easily portable.

Runway means a defined area in an airport prepared for the landing and taking off of aircraft along its length. The term "runway" includes planned future paved runways and extensions of runways.

Senior citizen housing means a development limited by contract, covenant, or other agreement to use by individuals 55 years of age or older. For the purposes of this definition, the term "senior citizen housing" may include detached single-family uses, attached single-family uses, duplexes, townhouses or multiple-family structures, and shall be considered to include such terms as "nursing home," "independent living project," "assisted living project," "senior citizen apartment complex" or "retirement village."

Service station means buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. Uses permissible at a service station include automobile servicing and minor repairs but do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving outdoor storage, noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found at service stations. A service station is not a repair garage or body shop.

Shopping center means a group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking provided on the property.

Sign means any identification, description, illustration, or device illuminated or non-illuminated which is affixed to or represented directly or indirectly upon a building, structure, or land, and which directs attention to a product, service, place, activity, person, institution, or business. Signs erected by an authorized public agency for the purpose of directing traffic or providing information are not affected by these regulations. National and state flags, when properly displayed, are not considered a sign under these regulations.

(1)

Sign area or size means the total area within a single, continuous perimeter enclosing the outer dimensions or edges of a sign. The term "sign area or size" does not include the main supporting sign structure, but does include the message area and all decorative trim, ornamental attachments, inner connecting links and general background.

(2)

Abandoned sign means a sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessee, owner, product or activity conducted or product available on the premises where such sign is displayed and which has existed as such for a period of six months or more.

(3)

Advertising device means banners affixed on poles, wires or ropes, and streamers, wind-operated devices, flashing lights, sandwich signs, A-frame signs, sidewalk signs, curb signs, balloons or other air/gas-filled figures, posters stabled to posts, posters or the like posted, nailed or stapled to an object or similar signs.

(4)

Bench sign means a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

(5)

Billboard means a freestanding off-site sign.

(6)

Blade sign means a sign, other than a wall sign, which is attached to and projects from a building face or hanging from an overhang. The area of double-faced projecting signs are calculated on one face of the sign only, which shall be the larger if different in size.

(7)

Business sign means an on-site sign bearing the name, mark or symbol of a business.

(8)

Canopy sign means a sign which is mounted on a permanently-roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building, or it may be wholly or partially supported by columns, poles or braces extended from the ground.

(9)

Directory sign means any sign on which the names and locations of occupants or the use of the building is given. The term "directory sign" includes office buildings and church directories.

(10)

Exempt sign means any sign designated as exempt from the permit requirements of this chapter.

(11)

Freestanding sign means a sign erected on a permanently set pole, mast or framework that is not attached to any building.

(12)

Ground sign means any sign erected, constructed, or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, and pictorial and reading matter when such sign is supported by two or more uprights, posts, or braces affixed in the ground and not attached to any part of a building.

(13)

Marquee sign means any sign affixed to a marquee over the entrance to a building and supported from the building.

(14)

Nonconforming sign means a sign that had been lawfully erected and maintained prior to the effective date of the ordinance from which this chapter is derived and which does not conform to the applicable regulations in force at this time.

(15)

Off-premises subdivision directional sign means a temporary off-premises sign, located on private property, and solely intended for the purpose of providing directions to the traveling public concerning the location of a subdivision currently under development as opposed to an individual builder, painter, architect, artisan, real estate company, band, or financial institution.

(16)

On-site sign means a sign which pertains to or relates to a product, service, activity or accommodation conducted or sold at the site on which the sign is located.

(17)

Outdoor advertising sign means an on-site sign, off-site sign or billboard that advertises or solicits on behalf of a product, business, industry, profession or other commercial or service enterprise.

(18)

Owner means any person who holds fee simple title to, is lessee of, or who lawfully occupies and uses a parcel of real property.

(19)

Portable sign means a sign designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted on a trailer, wheeled carriage or other non-motorized mobile structure. A portable sign which has its wheels removed shall still be considered a portable sign.

(20)

Projecting sign means a sign, other than a wall sign, which is attached to and projects from a building face. The area of double-faced projecting signs is calculated on one face of the sign only, which shall be the larger if different in size.

(21)

Roof sign means any on-site sign erected upon, against or directly above a roof or on top of or above the parapet.

(22)

Subdivision promotional sign means a temporary on-premises sign pertaining only to the promotion of the development of a subdivision as opposed to an individual builder, painter, architect, artisan, bank or financial institution.

(23)

Temporary construction sign means a temporary sign, located on private property, at the site of a subdivision, shopping center, or large scale development, under development identifying builders, painters, architects, engineers, and similar artisans, or banks or other financial institutions providing the development financing for the subject subdivision.

(24)

Temporary sign means ground signs advertising future use or development of property with a sign area per face not exceeding 100 square feet, not remaining more than six months on a property on which it is located and not more than one sign per parcel of land and located not closer than one foot from the right-of-way.

(25)

Traffic directional sign means any sign which aids the flow of traffic.

(26)

Under-canopy sign means a sign that is situated beneath a permanently-roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or it may be wholly or partially supported by columns, poles or braces extended from the ground.

(27)

Unsafe sign means any sign which, because of its location, coloring, illumination or animation, interferes with a motorist's view of general vehicular traffic, pedestrian traffic, intersectional traffic, traffic control devices, or traffic directional signs, or any sign which, because of its construction or state of repair, is likely to fall, be blown down or cause possible injury to passersby.

(28)

Unlawful sign means a sign that is in violation this chapter and does not have the status of a nonconforming sign.

(29)

Wall sign means any sign attached to and parallel with any wall, including signs painted or printed thereon.

(30)

Warning sign means any sign which warns the public of possible danger or informs the public of certain restrictions, such as signs indicating the following: "Beware of the Dog," "No Trespassing" or "No Dumping".

Special exception means a use that would not be appropriate generally or without restriction throughout a zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote public health, safety, convenience, or general welfare. Such uses may be permitted in a zoning district in accordance with the provisions of this chapter as special exceptions if specific provisions are made in the district regulations for such use.

Story means that portion of a building, other than a basement or cellar, included between the surface of any floor and 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.

Street orhighway means a public right-of-way which affords the principal means of access to abutting property.

Structural alteration means any change, except those required by law, that would alter the life of the supporting members of a building or structure, such as the bearing walls, columns, beams, or girders, not including openings in bearing walls as permitted by other resolutions.

Tanning salons means businesses which derive more than 50 percent of their gross income from the renting of tanning beds.

Townhouse means a single-family dwelling forming one of a group or series of three or more attached single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through such walls from basement or cellar to roof, and having roofs which may extend from one of the dwelling units to another.

Travel park means a lot or parcel of land upon which five or more spaces are occupied or intended for occupancy by recreational vehicles designed for travel, recreation, and vacation uses.

Travel trailer means a vehicular, portable structure built on a chassis and designed to be used as a temporary dwelling for travel and recreational purposes.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

Yard means an open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this chapter.

Yard, (width) depth, means the width or depth of a required yard, which yard shall be measured in such a manner that the yard established is a strip of the minimum distance required by the district regulations with its inner edge parallel to the specified lot line.

Yard, front, means a yard extending the full width of the lot between the front lot line and the front building setback.

Yard, rear, means a yard extending the full width of the lot between the rear lot line and the rear building setback line.

Yard, side, means a yard extending between the front and rear yards between the side lot line and the side building setback line.

Zero lot line means a development approach in which a building is located on a lot in such a manner that one or more of the building's sides rest directly on a lot line.

(Ord. of 2-16-2010, § 201)