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

Words used in the present tense include the future tense. Words used in the singular number include the plural, and words used in the plural include the singular.

Map means the "Zoning Map of the City of Pass Christian, Mississippi."

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

The term "lot" includes the term "plot" or "parcel."

The term "shall" is always mandatory and not merely directory.

The term "building" includes the term "structure."

The term "used" or "occupied" as applied to any land or buildings shall be construed to include the terms "intended," "arranged," or "designed to be used," or "occupied."

Except where specifically defined herein, all words used in this ordinance shall carry their customary meanings.

Accessory use or structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Alteration of building: Any change in the supporting members of a building (such as bearing walls, columns, girders) 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 location to another.

Base flood elevation. The Base Flood Elevation (BFE) as defined in the City's Flood Ordinance or amendments thereto plus one (1) foot - the lowest level at which a habitable floor of a building may be constructed in a flood hazard zone.

Base floor level. The average elevation of finished grade along the front of the building.

Board: The term "board" as used in this ordinance is defined as the mayor and board of aldermen of the City of Pass Christian, Mississippi.

Boardinghouse or roominghouse: Any dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals.

Buffer area: An area set aside to remain vacant or to be planted and landscaped to reduce the blighting effect of commercial or industrial uses on adjacent residential property.

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

Building: Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. The term "building" shall be construed as if followed by the terms "or part thereof."

Building, height of: The vertical distance measured from the Base Floor Level or the Base Flood Elevation, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or the average height between eaves and ridges of a gable, hip, or gambrel roof.

Building permit: A permit issued by the City of Pass Christian authorizing the construction or alteration of a specific building on a specific lot.

Building, principal: A building in which is conducted the main or principal use of the lot on which said building is situated.

Building setback line: The minimum distance, as prescribed by this ordinance, between the property line of a lot or a parcel of land and any point on a building or structure related thereto, exclusive of those architectural features permitted to extend thereinto.

Camper: Any camping type body designed to be mounted on a truck chassis or any self-propelled habitable vehicle shall for, the purposes of this ordinance, be considered a mobile home if used as a residence, or a trailer if parked between periods of use.

Carport: See "Garage, private."

Centerline of street: That line surveyed and monumented by the governing body shall be the centerline of the street, or if such centerline has not been surveyed, it shall be that line running midway between the outside curbs or ditches of such street.

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

Condominium unit. The elements of a condominium, which are not owned in common with the owners of other condominiums in the project.

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

Cul-de-sac (court or dead-end street): A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.

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

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

Development: The act of building structures or installing site improvements.

District: Refer to "Zoning district."

Dwelling: Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants whether or not such building is occupied or vacant, provided that temporary housing as hereinafter defined shall not be regarded as a dwelling, nor shall trailers be included as a dwelling.

Dwelling, single-family: A detached house or building designed and intended for or occupied exclusively by one family and having no party wall or walls in common with an adjacent house or houses, building or buildings.

Dwelling, two-family: A building designed and intended for or occupied exclusively by two families living independently of each other.

Dwelling, multiple: A detached or semidetached building or portion thereof used or designed and intended as a residence or three or more families living independently of each other, including apartment houses, apartment hotels, apartment co-operatives, bungalow courts, flats, and group houses.

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.

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

Dwelling unit: Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating whether or not such unit is occupied or vacant.

Easement: A grant by the property owner of the use of a strip of land by the public, a corporation, or persons, for specified purposes.

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

Farm: Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables, and dog kennels.

Fence: Any structural device forming a physical barrier which is so constructed that not less than 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.

Floor area: Whenever the term "floor area" is used in this ordinance as a basis for requiring off-street parking for any structures, it shall be assumed that, unless otherwise stated, said floor area not only applies to the ground floor area, but also to any additional stories or basement of said structure.

Front: The side of a lot bordering on 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.

Garage apartment: A dwelling unit erected above a private garage.

Garage, private: An accessory building or portion of a main building used for vehicular storage. The term includes carport.

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

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

Hospital: A building or portion thereof used for the treatment of the sick, injured or infirm persons and accredited by the State of Mississippi.

Hotel: Any building or portion thereof containing living units to be used for transients but not including motels, mobile home parks, dormitories, fraternities, sororities, boardinghouses or roominghouses. A hotel is a business use rather than a residential use.

Industry: The processing or assembly of products or raw materials.

Heavy industry: Those industries whose processing operations result in the outdoor storage or processing of materials or products, the emission or [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.

Light industry: Those industries whose processing operations result in none of the above conditions.

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

Junkyard: The outdoor sale or storage, dismantling or demolition of inoperative machinery, scrap metal or other scrap material.

Kennel: The keeping of more than three dogs or other animals that are more than six months old for sale or board.

Loading space: An off-street space or berth on the same lot with a building or contiguous to a building or 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.

Local street or minor street: A street designed primarily to provide access to abutting properties.

Lot: A parcel of land which is or may be occupied by a building, its accessory buildings and uses customarily incident thereto, together with such yards or open spaces within the lot lines as may be required by the [this] ordinance, and fronting upon a public dedicated street.

Lot area: The total horizontal area included within the lot lines.

Lot, corner: A lot of which at least two adjoining sides abut for their full length on public streets.

Lot depth: The average distance from the street right-of-way line to the rear lot line, measured along the side lines of the lot.

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.

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.)

Lot, interior: A lot other than a corner lot.

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

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.

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.

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

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 prior to the official adoption of this zoning ordinance.

Lot width: The width of a lot at the front building setback line, measured along the street right-of-way.

Low-rise apartments: A multiple dwelling not more than three stories in height.

Major street: Those roadways designated in the major thoroughfares plan of the City of Pass Christian, Mississippi, for development as freeways, expressways, arterial highways, major highways, collector streets, or major streets.

Manufactured home. See Dwelling, manufactured housing.

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.

Manufactured housing/mobile home space. A plot of ground within a manufactured housing/mobile home park designed for accommodation of one (1) mobile home or manufactured housing unit.

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.

Mobile home. See Dwelling, Mobile Home. Mobile homes are considered structures for the purpose of this Ordinance when they are parked in a mobile home park, or upon individual lots. Small camp or weekend type trailers are not mobile homes. They are deemed vehicles but not dwellings or structures.

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 a 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 fixed by law of the State of Mississippi.

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.

Motel: A building or group of buildings, comprising individual living quarters or dwelling units for the accommodation of transient guests, which is 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.

Nonconforming use: A building, structure, or use of land existing at the time of enactment of this ordinance or subsequent amendment and which does not conform to the regulations of the district or zone in which it is situated.

Nursing or convalescent home: Any dwelling in which aged, chronically ill, or incurable persons are housed and furnished with meals and nursing care for compensation.

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

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

Planning commission: The planning commission of the City of Pass Christian, Mississippi.

Principal use: The specific primary purpose for which land or a building is intended to be used.

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.

Public body: A government or governmental agency of the City of Pass Christian, of Harrison County, of the State of Mississippi, or of the United States Government.

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

Public uses: Include public parks and recreation, schools and other educational or cultural facilities, libraries, hospitals, and other public offices or administrative facilities.

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 services to its subscribers or customers.

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

Right-of-way line: The boundary line between a railroad or a street and abutting property.

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

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

Semipublic 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.

Shell homes: Structures intended for eventual use as residences but conveyed to the purchaser in an uncompleted condition by the seller, and at time of conveyance usually (but not in all instances) consisting of foundation, walls and roof only.

Sign: Any device or display consisting of letters, numbers, symbols, pictures, illustrations, announcements, cutouts, insignia, trademarks, or demonstrations, designed to advertise, inform, identify or to attract attention of persons not on the premises on which the device is located and is visible from any public way. A sign shall be construed to be a single display or device containing elements organized, related, and composed to form a single unit. In cases where material is displayed in a random or unconnected manner without organized relationship of the components or where there is reasonable doubt as to the intended relationship of such components, each component or element shall be considered to be a single sign. A projecting or ground sign with sign surface on both sides of such sign shall be construed as a single sign, and the total area of such sign shall be the area computed on a single surface. All definitions included under chapter XXIII, section 2301.2 of the Southern Standard Building Code shall also apply.

Sign, business: An attached or freestanding structure on which is announced the business, use of the premises and/or the name of the operator of the business.

Signs: Outdoor advertising displays shall be classified into one of the following type signs:

a.

Spectacular signs means an outdoor advertising display sign advertising copy usually animated, constructed of metal, wired for lights, or luminous tubing, or both, with copy action controlled by the flashed circuit breakers or matographs and attached on an open face steel structure built especially for the purpose.

Spectacular signs may be built upon the ground, attached to a wall, or above the roof, or projecting from a wall, provided that such spectacular sign meets the requirements of the provisions of this Code governing ground, roof, wall, projection or marquee sign, depending upon where such sign is built, as set forth below.

Spectacular signs shall be illuminated with electricity only.

b.

Ground sign - means an outdoor advertising display sign when such sign is supported by uprights or braces in or upon the ground.

c.

Roof sign - means an outdoor advertising display sign erected, constructed, or maintained above the roof of any building.

d.

Wall sign - means an outdoor advertising display sign that shall be affixed to the wall of any building, when such sign shall project not more than 12 inches from the building.

e.

Projection sign - means an outdoor advertising display sign which is affixed to any building wall or structure and extends beyond the building wall, structure, building line or property line more than 12 inches.

f.

Marquee sign - means a projecting sign attached to or hung from a marquee and said marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line or property line.

g.

Shingle sign - means a projection or wall sign not over six square feet in area, constructed of metal or other non-combustible material attached securely to a building and not projecting more than 24 inches over public property.

Special exception: A special exception is a use that would not be appropriate generally throughout a zoning district but which, if controlled as to number, area, location, or relation to existing and permitted land use in a zoning district, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare.

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 be no floor above it, then the space between the floor and the ceiling next above it.

Street: A public or private street, open to general public use and having a pavement or roadbed width of not less than 20 feet which affords the principal means of access to abutting property.

Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the term "or part thereof."

Time-sharing: The practice whereby an individual or individuals, corporation or other entity pays for and acquires the right to the time 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. Excluded from this definition is the normal leasing for an extended period of time of units in condominiums or apartments.

Tourist home: A dwelling in which overnight accommodations, with or without meals, are provided or offered for transient guests for compensation.

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 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 "mobile home." Trailers are considered structures for the purpose of this ordinance when they are used as temporary places for human habitation, offices, wash houses, or for storage. Trailers are characteristically for a variety of temporary or intermittent types of use whereas mobile homes are intended for full-time use as a residence.

Trailer camp: A mobile home park primarily occupied by transient trailers and mobile homes, including seasonal tourist facilities.

Usable open space: That portion of a lot which is free of buildings, is not devoted to driveway and parking areas, is available and accessible to all the occupants of dwelling units on the lot and is of reasonable dimension to allow its use for active or passive recreation or other outdoor activities. Usable open space may include playlots, gardens, sundecks, courts, courtyards, and other required yard areas.

Variance: A variance is an adjustment of terms in this ordinance where such variance 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 [this] ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

Wall: Any structure or device forming a physical barrier, which is so constructed that 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 form a solid barrier.

Way: A street, thoroughfare, or easement permanently established for passage of persons or vehicles.

Yard: A space on the same lot with the principal building, open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

Yard, front: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to side lines of the lot.

Yard, rear: An open, unoccupied, except by a possible accessory building, space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the building projected to side lines of the lot.

Yard, side: An open, unoccupied space on the same lot with a principal building, situated between the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

Zoning board: The term "zoning board" as used in this ordinance is defined as "the Board of Zoning Adjustment of the City of Pass Christian, Mississippi."

Zoning compliance certificate: A certificate issued by the zoning enforcement officer that a proposed building or alteration will be in compliance with this ordinance and the city subdivision regulations [appendix A to this Code].

(Ord. No. 449, § 1, 10-2-1984; Ord. No. 590, §§ 1, 2, 5-4-2004; Ord. No. 597, § 1, 3-15-2005)