For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular; the word "person" includes a firm or corporation, firm, company, partnership, association, organization, or public or private authority, as well as an individual; and the word "lot" includes the words "plot" and "parcel", except where the natural construction of the writing indicated otherwise. The word "shall" is always mandatory and not permissive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied". The word "building" includes the word "structure" and the word "structure" includes the word "building". "Map" means the Zoning Map of Picayune, Mississippi.

201.001 Accessory: A use or building customarily incidental and subordinate to and detached from the principal use or building and located on the same lot with such principal use, uses, or building.

201.002 Alley: A permanent service way, dedicated to public use, used primarily as a secondary means of access to the side or rear of abutting property or properties.

201.003 Alter: As applied to a building or structure; a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

201.004 Alterations of building: Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, or floor joists.

201.005 Apartment house: (See dwelling, multi-family.)

201.006 Area, building: The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

201.007 Area, site: The total area within the property lines of a project, excluding external streets.

201.008 Automobile service station: (Includes gasoline or filling station.) A place where gasoline stored only in underground tanks, kerosine, lubricating oil or grease, for operation of automobiles, trucks or boats, are offered for sale at retail, directly to the public on the premises, and including minor accessories and services for motor vehicles and boats, but not including major motor vehicle or boat repairs or tire recapping; and including the washing of motor vehicles utilizing car washing equipment, such as chain conveyors and blowers, but not including steam cleaning equipment. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a commercial garage, the premises shall be classified as a commercial garage.

201.009 Automobile wrecking yard: An area outside of a building where vehicles are disassembled, dismantled, junked or "wrecked", or where motor vehicles not in operable condition or used parts of motor vehicles are stored.

201.010 Basement: A portion of a building partly underground which has more than one-half of its height measured from finished floor to finished ceiling below the average grade of the adjoining ground; and not deemed a story unless the ceiling is six feet or more above the grade.

201.011 Board: The Mississippi State Board of Health.

201.012 Boarding house: (See also tourist home.) Any dwelling other than a hotel or motel, in which more than three persons either individually or as families, who are not members of the operator's family, are housed or lodged for hire with or without meals. A rooming house or a "furnished room" house shall be deemed a boarding house.

201.013 Buffer area: An area which acts as a separation area between two or more noncompatible districts.

201.014 Buffer screens: A fence, wall, hedge or similar barrier placed close and parallel to a lot line for the purpose of separating one use from another on adjacent lots.

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

201.016 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 words "or part thereof".

201.017 Building accessory: (See accessory.)

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

201.019 Building coverage: The proportion of the lot area, expressed as a percent, that is covered by the maximum horizontal cross-section of a building or buildings. Structures which are below the finished lot grade, including shelters for nuclear fall-out, shall not be included in building coverage.

201.020 Building, front line of: A line intersecting the foremost portion of a building and parallel and/or concentric to the street line.

201.021 Building height: The vertical distance measured from the average elevation of the grade at the front of the building to the highest point of the coping of a flat roof to the mean height level between eaves and ridge for gable, hip and gambrel roofs and to the deck line of a mansard roof.

201.022 Building setback line: That line which represents the minimum distance, when measured at right angles, which a building or structure (front, rear or side as specified) must be placed from a lot line or a street right-of-way or a street centerline in accordance with the terms of this ordinance.

201.023 Building, principal: (See also use, principal.) A building or structure in which is conducted the main or principal use of the lot on which said building is situated.

201.024 Building site: A single parcel of land occupied or intended to be occupied by a building or structure, and appropriate accessory buildings or uses.

201.025 Cafeteria: A restaurant at which patrons serve themselves at a counter and take the food to the tables to eat.

201.026 Camp, fishing: A camp providing fishing facilities and overnight accommodations for guests but which does not include permanent residential dwellings, other than that of the owner or operator.

201.027 Carport: A canopy or shed, attached to the main building, open on two or more sides for the purpose of providing shelter for one or more vehicles.

201.028 Car wash: (Also, self-service car washes.) A building, or portion thereof, where automobiles are washed with the use of a chain conveyor and blower or steam-cleaning device. Where car washing is the principle activity, the use is not deemed to be a public garage or gasoline service station.

201.029 Cellar: A portion of a building partly underground which has less than one-half of its height measured from finished floor to finished ceiling above the average grade of the adjoining ground; and not deemed a story.

201.030 City: City of Picayune, Mississippi.

201.031 City building inspector: The officer appointed by the city council to enforce the regulations set forth in this ordinance.

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

201.033 Conditional use: A use not otherwise permitted in a district, and which would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as a number, area, location, relation to the neighborhood, and subject to the conditions noted, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare of the city.

201.034 Condominium: A unit in a series or in a multi-unit type structure which may be owned or leased by an individual, firm or corporation who may have common use of all related activities associated with the structure.

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

201.036 Court: An open unoccupied space bounded on two or more sides by the exterior walls of a building or exterior walls and lot lines. An inner court is enclosed on all sides by exterior walls and lot lines on which walls are allowable. An outer court is enclosed on not more than three sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.

201.037 Coverage: (See building, coverage.)

201.038 Density: The number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this ordinance are expressed in dwelling units per net acre, that is, per acre of land devoted to residential use exclusive of land utilized for streets, alleys, drives, parks, playgrounds, school grounds, or other public uses. Gross residential acres where used in this ordinance shall include all land within a specific parcel or lot.

201.039 District: Any zoning district established by this ordinance.

201.040 Drive-in establishment: A business where a customer is permitted or encouraged, either by the design of physical facilities or by service and/or packaging procedures to carry on his business, in the off-street parking area accessory to the business, while seated in his motor vehicle.

201.041 Dwelling: Any building, or portion thereof, which is arranged designed, or used as living quarters for one or more families.

201.042 Dwelling, single-family: A detached dwelling (other than a mobile home) designed for or occupied exclusively by one family.

201.043 Dwelling, two-family: A detached or semi-detached dwelling designed for or occupied exclusively by two families living independently of each other.

201.044 Dwelling, multi-family: (Also, an apartment house.) A dwelling designed for or occupied by three or more families living independently of each other, with the number of families in residence not exceeding the number of dwelling units provided. Each multi-family living unit constitutes a dwelling unit.

201.045 Dwelling unit: One or more rooms connected together and constituting a separate independent housekeeping establishment for use on a basis involving owner occupancy or rental or lease on a weekly, monthly, or longer basis, with provision for cooking, eating and sleeping, and physically set apart from any other rooms or dwelling units in the same structure.

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

201.047 Family: One or more persons occupying the premises and living as a single dwelling unit, all of whom are related by blood or marriage, as distinguished from a group occupying a boarding house, lodging house, club, fraternity, hotel or motel.

201.048 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 furbearing animals, riding academies, livery or boarding stables and dog kennels.

201.049 Floor area: The total number of square feet of floor space within the exterior walls of a building, including attics and space in cellars or basements.

201.050 Frontage: All the property fronting on one side of the street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or political subdivision boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage of the side of the street which it intercepts.

201.051 Garage: A structure or any portion thereof in which one or more automobiles are housed, kept, or repaired, not including exhibition or showrooms, or storage of cars for sale.

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

201.053 Garage, private: An accessory building used for storage purposes only and which is provided primarily for the occupants of the premises on which such a garage is accessory, and in which no business, service or industry connected directly or indirectly with automobile vehicles is carried on. Space may be rented for not more than two vehicles of others than occupants of the building to which such garage is accessory.

201.054 Garage, public: (Also, a commercial garage.) Any building other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other motor vehicles, or where such vehicles are parked or stored for renumeration, hire or sale, but not used for the storage of dismantled or wrecked motor vehicles or parts.

201.055 Garage, repair: The building and premises designed or used for purposes indicated under "automobile service station" and/or major repair, provided that body work and painting shall be conducted within fully-enclosed buildings, and provided further that self-propelled vehicles not in safe operating condition shall be stored in fully-enclosed areas consistent with section 509 of this ordinance.

201.056 Gasoline, service or filling station: Any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels and installation of other minor automobile accessories, and which may or may not include facilities of lubricating, washing or cleaning.

201.057 Governing authority: The City Council of Picayune, Mississippi.

201.058 Grade: The average elevation of the surfaces of the ground adjacent to the exterior walls of a building as officially established by the city authorities.

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

201.060 Group development project: Two or more principal buildings which are: (1) devoted to a common or related use; (2) constructed on a lot in a single or joint ownership; and (3) made a part of an integrated industrial, a commercial, residential or public project, according to a comprehensive plan for development under specific requirements.

201.061 Home occupation: An accessory use of a service character customarily conducted within a dwelling by the resident thereof, which is clearly secondary to the use of the dwelling for living purposes and which does not change the character thereof or have any exterior evidence of such secondary use other than a small name plate and in connection therewith is not involved the keeping of a stock in trade; and provided that in no case shall more than 15 percent of the floor area of any apartment in such dwelling exclusive of any accessory building be used for such home occupation. The office of a professional person who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods, including violin, piano or other individual musical instrument instruction limited to a single pupil at a time, shall be deemed to the home occupations. The following shall not be interpreted to be home occupations: dancing instruction, band instrument, instruction in groups, tea rooms, tourist homes, beauty parlors, real estate offices, convalescent homes, mortuary establishments, and stores, trades or business of any kind not herein excepted.

201.062 Hospital: A building or portion thereof designed or used for the diagnosis, therapeutic treatment or other care of ailments, of patients who are physically or mentally ill.

201.063 Hotel: (Includes motel, tourist courts, motor lodges, and auto courts.) A building or buildings containing ten or more rooms intended or designed to be used or which are used, rented, or hired out to be occupied for sleeping purposes by transient or permanent guests, and where only a general kitchen and dining room are provided within the principal building or in an accessory building. ("Efficiencies" are considered to be dwelling units.)

201.064 Institution: A building or group of buildings designed or used for the non-profit, charitable or public service purposes of providing board, lodging, health care for persons aged, indigent or infirm, or for the purpose of performing educational or religious services and offering board and lodging to persons in residence.

201.065 Junk or salvage yards: The use of any part of a lot, whether inside or outside of a building, for the storage, keeping, abandonment, sale or resale of junk, salvage, or scrap materials; or the dismantling, demolition or abandonment of automobiles and other vehicles or machinery or equipment or parts thereof.

201.066 Kennel: The keeping of more than three dogs or other animals that are more than six months old and are offered for sale, or where care for animals is solicited.

201.067 Laundromat: A business providing for the hire and use of the premises of home-type washing, drying and/or ironing machines.

201.068 Light manufacturing: The manufacturing or processing of materials employing electricity or other unobjectable machinery or processes and free from any objectable odors, fumes, dirt, vibration or noise.

201.069 Line, street: (See street line.)

201.070 Loading space: A space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks. (See section 708 for loading space requirements.)

201.071 Lot: A plot or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings permitted in this ordinance and having its principal frontage upon a street or access approved by the mayor and council, and the customary accessories and open spaces belonging to the same. Unless clearly indicated otherwise, the word "lot", when used alone in this ordinance, shall mean a "zoning lot" as herein defined.

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

201.073 Lot, corner: A lot located at the junction of and fronting or abutting on two or more streets at their intersection.

201.074 Lot, double frontage: A lot, other than a corner lot, having a frontage on two streets at a point other than at their intersection.

201.075 Lot, depth of: A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

201.076 Lot, frontage: That dimension of a lot or portion of a lot abutting on a street.

201.077 Lot, interior: A lot other than a corner lot, having frontage on only one street other than an alley.

201.078 Lot lines: Any line dividing one lot from another.

201.079 Lot, width of: The distance between side lot lines as measured at the building line.

201.080 Lot, zoning: A parcel of land occupied or to be occupied by a principal use or uses, yards, and open spaces, which are permitted or required under the provisions of this ordinance having frontage on an officially accepted street; and having not less than the minimum area required by these regulations for a lot in the zoning district within which said parcel of land is located. A lot of record may or may not be a zoning lot.

201.081 Lot, of record: An area designated as a separate and distinct parcel of land on a legally recorded deed as filed in the official records of the county clerk of court.

201.082 Marina: A boat basin, harbor or dock, with facilities for launching, berthing and servicing boats.

201.083 Medical and dental facilities:

(a)

Convalescent, rest, or nursing home: A facility where persons are housed and furnished with medical and/or nursing care.

(b)

Dental office or doctor's office: A facility for the examination and treatment of patients.

(c)

Hospital: An institution providing comprehensive health services.

(d)

Public health center: A facility primarily utilized by a health unit for provisions of public health services.

(e)

Clinic: An establishment used by physicians, surgeons, dentists, physiotherapists, psychiatrists or practitioners in related specialties or a combination of persons in these professions where patients who are not lodged overnight are admitted for examination and treatment.

201.084 Mobile home: A modular unit built on a chassis, with body width exceeding eight feet or body length exceeding 32 feet, designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. The term "mobile home" as used in these regulations shall not include prefabricated, modular or unitized dwellings placed on permanent foundations, nor shall it refer to travel trailers, campers or similar units designed for recreation or other short-term uses.

201.085 Mobile home park: A mobile home park is a unified, planned development of two or more mobile homes, sites, plots, or stands arranged on a tract of land under single ownership and control and includes all buildings, structures, vehicles or enclosures used or intended for use as a part of such mobile home park.

201.086 Modular home: A factory built residential dwelling unit placed on an individual lot on a permanent foundation with permanent utilities connections. Modular units shall be a minimum of 24 feet wide and 35 feet long and shall be assessed as real-property by the county tax assessor and given an occupancy permit by the codes enforcement department.

201.087 Nonconforming use: A building, structure or parcel of land lawfully occupied by a use that does not conform to the regulations of the zoning district in which it is situated.

201.088 Nursing home: A home for the aged, chronically ill or incurable persons 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 devoted primarily to the diagnosis and treatment of the sick, injured or mentally ill, not including rest homes which are primarily nursing homes for persons of all age groups.

201.089 Open space: Space devoid of buildings and other physical structures except where accessory to the provisions of recreational opportunities.

(a)

Open space includes:

(1)

Land area of the site not covered by buildings, parking structures, of accessory structures except recreational structures. (Underground parking and decks may be counted as specified further in this ordinance.)

(2)

Land which is accessible and available to all occupants or dwelling units for whose use the space is intended.

(b)

Open space does not include:

(1)

Proposed street rights-of-way.

(2)

Open parking areas and driveways for dwellings.

(3)

School sites.

(4)

Commercial areas, and the buildings, accessory buildings, parking and loading facilities for these commercial areas.

(5)

Unsuitable land (such as swamps) as determined by specific criteria by the planning commission.

201.090 Outdoor advertising: The use of signs directing public attention to any object, product, service or function that may be offered for sale, lease or hire or is otherwise offered to provide information, or to solicit support of compliance. Outdoor advertising shall include only those signs which are, in any way, visible to the public from a position outside the premises on which the sign is located.

201.091 Parking lot, off-street: A paved area provided primarily for motor vehicles parking purposes, located entirely off a street alley which affords ingress and access for automobiles, except than off-street parking lots in residential zoning districts do not have to be paved.

201.092 Parking space, one car: The area required for parking one automobile, which, in this ordinance, is held to be a minimum area of ten feet wide and 20 feet long, not including passageways, aisles, drives, maneuvering areas and entryways.

201.093 Permitted use: Any use listed as a use by right in any given district.

201.094 Planning commission: The Picayune Planning Commission.

201.095 Planned unit district: A planned unit development (PUD) is a land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building siting, mixtures of housing types and land uses, usable open spaces, and the preservation of significant natural features.

201.096 Plat: A map, plan, or layout of Picayune, or a section or subdivision of Picayune, indicating the location and boundaries or individual properties.

201.097 Public use: A building or property owned or occupied by a use which is open to all people without or with minimal restrictions or regard as to membership, and which is established for their common or general use and enjoyment. A church is a public use.

201.098 Restaurant: A retail establishment offering food or beverages or both, for consumption of the premises. Restaurants do not include bar rooms, night clubs or lounges.

201.099 Retail manufacturing: Baking, confectionery, dressmaking, dyeing, laundry, dry cleaning, printing, tailoring, upholstering and similar establishments and businesses of a similar and no more objectionable character subject the following provisions:

(a)

All goods or products manufactured or processed shall be sold at retail on the premises.

(b)

All such manufacturing or processing shall be done on the premises and not more than ten persons shall be employed at any one time.

201.100 Retail store: A business selling or renting goods or merchandise directly to the consumer for direct consumption or use. Any merchandise for rent must be merchandise permitted for sale in any specified district.

201.101 School, business: Privately-owned schools offering instruction in accounting, secretarial work, business administration, the fine or illustrative arts, trades, dancing, music and similar subjects.

201.102 School, private: Privately owned schools having a curriculum essentially the same as ordinarily given in a public elementary or secondary school (grades one through 12). The term includes day nurseries and kindergartens.

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

201.104 School, trade or industrial: An establishment, public or private, offering training to students in skills required for the practice of trades and industry.

201.105 Semi-public use: A building or property owned or occupied by an organization, institution, or group of people which has written and adopted rules for membership which is used or enjoyed primarily by that group.

201.106 Shopping center: A group of retail stores, planned and designed for the site upon which they are built.

201.107 Sign: A name, identification, description, display illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business.

201.108 Sign, advertising: A sign, or structure, which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises upon which sign is located.

201.109 Sign, business: A sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where such sign is located.

201.110 Sign, name plate: A sign which states the name or address or both or the profession or business on the lot where the sign is located.

201.111 Sign, surface area of: The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limit of such sign and not forming an integral part of the display. Only one side of a double-face of V-type sign structure shall be used in computing total surface area.

201.112 Special exception: A special exception, as used in this ordinance, is granted by the board of adjustment and is limited to those special exceptions specifically set forth in this ordinance.

201.113 Stable, private: An accessory building for the housing of horses or mules owned by a person or persons living on the premises and which horses or mules are not for hire or sale.

201.114 Stable, public: A stable with a capacity for the housing of more than two horses or mules which stable may be operated for renumeration, hire, sale or stabling.

201.115 Story: That portion of a building included between the surface of any floor and the floor above it, or if there be no floor above it, then the space between the floor and ceiling next above it. A cellar and a basement less than six feet in height are not a story.

201.116 Story, half: A story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

201.117 Street: Any public or private thoroughfare, street, avenue, boulevard, way, or space more than 20 feet in width which affords the principal means of access to abutting properties.

201.118 Street centerline: That line surveyed and monumented by the governing body shall be the centerline of a street; or in the event that no centerline has been so determined, it shall be that line running mid-way between, and parallel to the general direction of, the outside right-of-way lines of such streets.

201.119 Street line: The dividing line between a lot, tract, or parcel of land and a contiguous street.

201.120 Structure: Anything constructed or erected which requires a fixed location on the ground, or which is attached to something having a fixed location on the ground, including but not limited to buildings, mobile homes, signs, billboards, backstops for athletic activities, swimming pools, walls and fences. The term "structure" shall be construed as if followed by the words "or part thereof".

201.121 Structural alterations: (See alteration of building.)

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

201.123 Tourist home: A dwelling in which sleeping accommodations in less than ten rooms are provided or offered for the use of guests in return for compensation, and where meals may or may not be offered. Any dwelling in which such accommodations are offered in ten or more rooms shall be deemed to be a "hotel" or "motel" as herein defined. The use of a dwelling as a tourist home shall not be considered an accessory use nor a customary home occupation.

201.124 Town house: A single-family dwelling forming one of a group or series of two 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.

201.125 Trailer: Any vehicle or structure capable of moving, or being moved, over streets and highways on its own wheels or on flat beds or other carriers, which is designed or utilized to: (1) provide temporary or permanent quarters for the conduct of a business, profession, trade or occupation; (2) serve as a carrier of new or used goods, products or equipment; or (3) be used as a selling, advertising or display device. A trailer is not used as a residence or for permanent sleeping quarters, such as a mobile home.

201.126 Travel trailer: A travel-trailer, pick-up camper, converted bus, tent-trailer, tent, or similar device less than 35 feet in length, used for temporary portable housing for travel, recreational, or vacation uses by one or more individuals.

201.127 Travel trailer court: An area where one or more automobile trailers or travel trailers can be parked; designed or intended to be used as temporary living quarters by one or more families and intended primarily for automobile transients, whether or not a charge is made for such accommodations.

201.128 University or college: Any institute of high learning, public or privately owned, for the education of students in grades above the twelfth. The term does not include business or trade schools.

201.129 Unobstructed open space: An area of land upon which no structure may be erected.

201.130 Use, accessory: (See accessory.)

201.131 Use, principle: The main or primary purpose for which a building, other structure and/or lot is designed, arranged, or intended, or for which they may be used, occupied or maintained under this ordinance. The use of any other building, other structure and/or land on the same lot and incidental or supplementary thereto, and permitted under this ordinance shall be considered an accessory use.

201.132 Variance: A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area 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 district.

201.133 Yard: An open space at grade between a building and the adjoining lot lines.

201.134 Yard, front: A yard located in front of the front elevation of a building unoccupied and unobstructed by any portion of a structure from the ground upward and extending across a lot between the side lot lines and being the minimum distance between the front property line and the outside wall of the main building.

201.135 Yard, rear: A yard extending across the rear of a lot measured between inner side yard lines and being the minimum distance between the rear lot lines and the rear of the main building. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

201.136 Yard, side: A yard between the building and the side line of the lot occupied and unobstructed by any portion of a structure from the ground upward and extending from the front building line to the rear lot line and being the minimum distance between a side lot line and the outside wall of the main building.

201.137 Zoning district: An area or areas within the limits of the city for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform.

201.137[138] Zoning, spot: Spot zoning is a reclassification of one or more isolated tracts or lots for a use prohibited by the original or current zoning ordinance which is not related to the general plan for the community as defined in said current zoning ordinance.

(Ord. No. 874, § 2, 2-2-2010)