For purposes of interpretation of this ordinance, words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural the singular; the word "shall" is mandatory; the word "may" is permissive; the word "lot" shall mean a "building lot" unless otherwise stated; and the word "building" shall mean a "structure."

Abandonment: The relinquishment of property, structure and/or sign or a cessation of the use of such by the owner for a period of sixty (60) days.

Accessory apartment: A second dwelling unit in an existing single-family detached dwelling, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is an accessory use to the main dwelling and cannot be rented or used as a rental dwelling and can only be used by a relative within the third degree or employee of the occupant of the single-family detached dwelling if the employees' job duties are to care for the house or the occupant of the house. An accessory apartment is allowed only in the A-1 and A-2 zoning districts.

Accessory structure: A structure detached from a principal building on the same lot and incidental and subordinate to the principal building or use.

Accessory use: A use of land or of a building or portion thereof incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

Activity: As the term pertains to this ordinance, it means a function, operation, service or action to achieve a desired result.

Alley: Any public right-of-way which offers a secondary means of access for properties.

Animated sign: Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

Apartments: See "dwelling, multiple."

Automotive maintenance services (minor): Routine maintenance activities performed on a vehicle either by the owner/operator or by maintenance personnel. The following activities are considered routine: engine tune-up; changing of plugs, filters, oil, lubricants, belts; change and rotate tires; brake services; radiator flushing; battery services; muffler services; adjusting timing and fuel injectors services; and top-off all fluid levels. Automotive maintenance services (minor) shall not have any vehicles (serviced or un-serviced) left on the parking lot after hours of operation.

Automotive repair services (major): Buildings and premises wherein major mechanical and body work is performed on vehicles. Such activities include engine overhaul or dismantling of subparts; body or frame repair; windshield or glass replacement; transmission, starter, alternator or other subpart rework service; welding or metal cutting; and any other repair other than "minor repair" or routine maintenance. Automotive repair services (major) shall comply with the city ordinance requiring security screening of junk yards, salvage yards, wrecker yards, metal recycling centers and other related matters.

Banner: Any sign of lightweight fabric or similar material that is mounted to a pole or a building by a permanent frame at one (1) or more edges. National flags, state or municipal flags or the official flag of any elected legislative body shall not be considered banners.

Basement: A portion of a building located partly underground by having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

Beacon: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source; also, any light with one (1) or more beams that rotate or move.

Bed and breakfast: A residential establishment in which the owner or his representative resides on the property or there is a property manager who resides in the City of Vicksburg and wherein units are rented to transient guests on an overnight basis. For the purposes of this ordinance, it is a property or structure individually listed on the National Register of Historic Places or designated as a "Vicksburg Landmark" (in accordance with the Vicksburg Historic Preservation Ordinance, pursuant to the procedures described in said ordinance. A bed and breakfast is limited to six (6) rental units or less not including the owner or his representative living space and a non-commercial kitchen that can be used by the tenets. A bed and breakfast is allowed by special exception only.

Board: The zoning board of appeals of the City of Vicksburg, Mississippi.

Boarding house: A building other than a hotel where lodging for three (3) or more persons is provided for compensation.

Brewpub: As defined by Miss. Code Ann. 1972, section 27-71-301(j), as amended, a location in which light wine or beer is manufactured or brewed for retail sale if the total amount of light wine or beer produced on the premises does not exceed the production limitation imposed in Miss. Code Ann. 1972, section 67-3-22, as amended, and the light wine or beer is produced for consumption on the premises or off the premises as authorized in Miss. Code Ann. 1972, section 67-3-22(3), as amended.

Buffer zone: A strip of land identified on a site plan or by the zoning ordinance, which acts to separate two (2) or more incompatible uses and/or districts. Normally, the area is landscaped and kept in open space use.

Buildable area: The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance have been met.

Building: Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.

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

Building, height: The vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof, to the deckline of a mansard roof, and to the mean height level between eaves and ridges for a gable, hip or gambrel roof; provided, however, where buildings are set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building.

Building marker: Any sign indicating the name of a building and date and incidental information about its construction.

Building sign: Any sign attached to any part of a building, as contrasted to a freestanding sign.

Bulk limit: The maximum area which a structure may occupy on a lot.

Canopy sign: Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

Carport: See "garage, private."

Cellar: A portion of a building located partly underground, having more than half its clear floor-to-ceiling height below the average grade of the adjoining ground.

Changeable copy sign: A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time and temperature portion of a sign and not a changeable copy sign for purposes of this ordinance.

Child care center/facility or day care center: There are two (2) classes of child care facilities:

1.

Class A facility, home-based child care/family child care home: An occupied residence in which shelter and personal care is regularly provided for five (5) or less children who are not related to the provider or operator within the third degree computed according to the civil law to the provider and who are under the age of thirteen (13) years of age and are provided care for any part of the 24-hour day. These homes may be voluntarily registered with the Mississippi State Department of Health.

2.

Class B facility, group child care center/facility: A place which provides shelter and personal care for six (6) or more children who are not related to the provider or operator within the third degree computed according to civil law and who are under thirteen (13) years of age and are provided care for any part of the 24-hour day. This includes day nurseries, day care centers and any other facility that falls within the scope of the definition set forth above, regardless of auspices, according to the Mississippi State Department of Health.

Excluded from these two (2) definitions are facilities operating as kindergartens, nursery schools or Head Start in conjunction with an elementary and/or secondary school system, whether it be public, private or parochial, where the primary purpose is a structured school readiness program. Otherwise, kindergartens, nursery schools and Head Start Centers are to be considered as class B child care facilities.

City: The mayor and aldermen of the City of Vicksburg, Mississippi.

Clinic: A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities. Clinics are composed of two (2) or more medical offices or one (1) shared office for more than two (2) doctors/dentists.

Club: A building and/or land owned, leased or hired by a nonprofit association or corporation, the use of which is limited to bona fide dues-paying members and their guests.

Commercial message: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

Commission: The planning commission of the City of Vicksburg, Mississippi.

Compatibility: The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. Some elements affecting compatibility include:intensity of occupation as measured by dwelling units by acre, floor area ratio, pedestrian or vehicular traffic generated, volume of goods handled, and such environmental effects, such as noise, vibration, glare, air pollution, or radiation. May include building styles and materials.

Conditional use: Same as "special exception."

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

Convenience store: Any retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than five thousand (5,000) square feet. The prepackaged foods and meals may be heated and eaten, generally off the premises. Often combined with a self-serve service station.

Curb break: Any interruption or break in the line of a street curb in order to connect a driveway to a street, or otherwise to provide vehicular access to abutting property.

Data center: A facility which houses the necessary computer servers or systems, network systems, related hardware, wiring, data transmitters and other components required for the remote storage ("cloud storage"), transfer, backup and recovery, analysis, or processing of digital data. Further, a data center may also include a facility that engages in developing computer technology, software development, programming, data analytics and digital media.

Data center related facilities: On-site exterior equipment and facilities necessary for the safe, secure, and compatible operation of a data center. Such equipment and facilities may include, but is not limited to: HVAC equipment, emergency power generation units, sound attenuation devices, equipment, and facilities necessary to interface with the electric power grid system, and electric power transformers including, without limitation, public/quasi-public facilities, and utilities.

Directory sign: A sign for developments of two (2) or more entities to be located at the principal entrance of the development.

Discontinuance: Applies to nonconforming uses and uses granted by special exception, and results from the occurrence of one (1) of the following conditions:

1.

Vacancy or non-use of a building designated or arranged for the nonconforming use for a continuance of sixty (60) days; or

2.

Vacancy or non-use of land for a period of sixty (60) days; or

3.

Clear intent on the part of the owner to abandon the nonconforming use or use granted by special exception.

District: Zoning district.

Dwelling, multiple: A building or portion thereof used or designated as a residence for three (3) or more families as separate housekeeping units, including apartments and apartment hotels.

Dwelling, one-family: A detached building designed, arranged, used for or occupied exclusively by one (1) family.

Dwelling, two-family: A detached building designed, arranged, used for or occupied exclusively by two (2) families living independent of each other.

Dwelling unit: One or more rooms physically arranged so as to create a separate independent housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for cooking and sleeping.

Easement: An open, unoccupied space other than a street or alley reserved as the principal or secondary means of access to abutting property.

Family: One (1) person, or two (2) or more persons, each related to the other by blood, marriage, or adoption; together with such blood relatives and respective spouses who are living together in a single dwelling and maintain a common household.

Flag: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision or other elected legislative body.

Floor area: The square feet of floor space within the inside perimeter of exterior walls and including the total of all space on all floors of the building, but not including porches, garages, space in a basement or cellar not used for dwelling purposes, hallways, lobbies, stairways, foyers, elevator and ventilating shafts, storage areas, bank vaults, restrooms, attics and rooms housing mechanical equipment for heating or cooling purposes.

Freestanding sign: Any sign, other than an outdoor advertising sign, supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure.

Gambling/gaming: Shall have the definition given it by Mississippi Code Annotated, Section 75-76-5(1) and any amendments made thereto.

Gaming establishment, dockside: Any floating establishment including, but not limited to, any boat, barge, vessel, cruise vessel, building or structure which the Mississippi Gaming Control Act allows to be used in whole or in part for the conduct of gaming, gambling, or gaming-related activities.

Garage, private: An accessory building or portion of a principal building used primarily for the storage of motor vehicles belonging to and registered in the name(s) of the occupant(s) of the principal building with no facilities for mechanical service or repair of a commercial or public nature. The term includes a carport, and when related to the context shall relate to the storage of one or more vehicles.

Garage, public: A building other than a private or storage garage used for the care, repair or storage of self-propelled vehicles or where such vehicles are kept for remuneration, hire or sale or for the benefit of the owner or lessee of the building. This includes premises commonly known as filling stations or service stations.

Governing authority: The mayor and aldermen of the City of Vicksburg, Mississippi.

Grade: The average of the finished ground level of the land around a building.

Great River Road That portion of highway located within this state as officially designated by the Federal Highway Administration to the provisions of Title 23, United States Code, Highways. Within the City of Vicksburg the Great River Road corresponds to the route of U.S. Highway 61.

Gross floor area: The area within the inside perimeter of the exterior walls and including the total of all spaces on all floors of a building with no deduction for corridors, stairs, closets, thickness of walls, columns, or other features, exclusive of areas open and unobstructed to the sky.

Ground cover: Any of the low growing plants used in place of grass, typically measuring six (6) inches to twenty-four (24) inches in height.

Group care facility: A facility or dwelling unit housing persons generally unrelated by blood or marriage providing specific treatment less than primary health care. A group care facility may include half-way houses, recovery homes, and homes for orphans, foster children, the elderly, and battered children and battered adults.

Group care support facility: A transitional facility maintained and operated by a not-for-profit corporation where counseling, education, rehabilitation and supervision are provided to mainstream ex-offenders, parolees and alternatively sentenced persons back into society, enabling them to live independently. Group housing for clients and/or their families is secondary to the principal use of the facility and may not exceed six (6) dwelling units per acre. Incidental retail sales may be permitted on the premises provided no exterior display or storage is on site. Other accessory uses may include religious instruction and services, vocational training and family services such as education and day care.

Home occupation: An occupation, profession, or activity for gain by a resident which:

(a)

Is an accessory use clearly incidental and subordinate to the use of the dwelling unit as a residence;

(b)

Is carried on solely within the main dwelling or accessory building or as provided for in subsection (404.10-2)(B) and does not alter or change the exterior or character or appearance of the dwelling; and

(c)

Is carried on solely by the inhabitant(s) of the residence and no others.

Hospital: An institution providing 24-hour health care services primarily for in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities and staff offices that are an integral part of the facilities.

Hotel: Nonresidential sleeping units established for primarily transient lodging and containing at least fifteen (15) sleeping rooms. Provision for cooking in any individual room or apartment shall not exceed twenty-five (25) percent of the total space in that unit.

Incidental sign: A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. A sign with a commercial message legible from a position off the lot on which the sign is located shall not be considered incidental.

Junk: Old, dilapidated, scrap or abandoned metal, paper, building materials and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, waste paper, motor vehicles, and parts thereof, that have been demolished, discarded, dismantled, partially dismantled, dilapidated, deteriorated, or in such a state as to be generally unusable or inoperable.

Junkyards and open storage: Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of waste paper, rags, building materials, bottles, glass, appliances, furniture, beds and bedding, scrap metal or other scrap or discarded goods, materials, machinery or wrecked, dismantled, partially dismantled or inoperable motor vehicles, or other type of junk, regardless of whether or not this is done for commercial purposes. This definition also includes similar uses such as auto wrecking yards, auto graveyards and scrap yards.

Kennel: Any building, structure or open space devoted in its entirety or in part to the raising, boarding or harboring of six (6) or more dogs or other domestic pets.

Landscaped area: The areas within the boundaries of a given lot that are devoted to and consists of plant material including, but not limited to, trees, shrubs, ground covers, and grass; and as accessories to the plant material consists of nonliving durable landscape materials.

Landscaped area, perimeter: The area surrounding the building and/or parking lot.

Landscape material: Material such as, but not limited to, living trees, shrubs, vines, turf, ground cover, earthen mounds, landscape water features and nonliving durable materials commonly used in landscaping including, but not limited to, rocks, sands, decorative walls, fences, brick, stone, sculpture or concrete paving or landscape support systems such as irrigation, drainage, and lighting. Mulching materials should not be rock, stone or any other "inorganic" material.

Lodging house: Same as "boarding house."

Lot: Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership.

Lot area: The area of a horizontal plane bounded by the front, side and rear lot lines of a lot.

Lot, buildable: A parcel of land suitable for permitted use and complying with all necessary minimum yard, width, area and off-street parking requirements and having frontage on a dedicated public street.

Lot, corner: A lot situated at the intersection of two (2) or more streets.

Lot depth: The average horizontal distance between the front lot line and the rear lot line of a lot.

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

Lot line: The boundary of a lot.

Lot of record: See Lot.

Lot width: The distance between the side lot lines measured at the building setback line.

Manufactured home: A structure defined by and constructed in accordance with the Manufactured Housing Construction & Safety Standards Act of 1974, as amended, 42 U.S.C. 5401, et seq., and manufactured after June 15, 1976, and designed to be used as a single-family residential dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this Code and with respect to which the manufacturer voluntarily files a certification required by the act and complies with the standards established under the Manufactured Housing Construction & Safety Standards Act of 1974 and the Uniform Standards Code for Factory Built Homes Law, State of Mississippi. A mobile home as defined in this ordinance is not a manufactured home.

Manufactured home foundation: The site-built supporting foundation parts upon which the manufactured home is placed, whether constructed to encompass the perimeter of the home or in the form of piers, and including all exterior materials required to physically screen, veneer or shield from such supports, extending at a minimum from the ground surface to the bottom portion of the exterior wall surfaces of the home.

Manufactured 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 for dwelling purposes. Manufactured home subdivisions are required to meet the requirements of the City of Vicksburg's subdivision ordinance.

Manufactured housing land lease community: A parcel of land under single or multiple ownership, but that has been planned or improved for the placement of manufactured housing for dwelling purposes. A manufactured home land lease community shall only include developments wherein manufactured housing sites are leased or rented and/or where manufactured homes and sites are leased or rented.

Marquee: Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

Marquee sign: Any sign attached to, in any manner, or made a part of a marquee.

Mobile home: A transportable, factory-built home, designed to be used as a residential dwelling and built prior to enactment of the Manufactured Housing Construction & Safety Standards Act of 1974, which became effective June 15, 1976.

Modular home: Factory-built housing certified as meeting the local building code. A modular home is not considered a manufactured home.

Motel: Same as "hotel."

National Highway System: For the purpose of regulating signage and outdoor advertising signs, the National Highway System shall mean those routes within the City of Vicksburg indicated as part of the federal primary system on the FHWA maps maintained by the Mississippi Department of Transportation.

Nightclub: A commercial establishment which derives forty (40) percent or more of its gross receipts on a monthly basis from any or all of the following sources:

(1)

Dispensing alcoholic beverages, beer or light wine for consumption on the premises.

(2)

Providing set-ups for alcoholic beverages, light wine and/or beer for consumption on the premises.

(3)

Cover charges or door fees.

and in which food services are incidental, and in which there may be dancing, amplified music, pool or live entertainment, also referred to as a lounge, bar, tavern or cocktail bar. The city reserves the right to inspect receipts or other financial books to verify gross receipts.

Nonconforming building: Any building that does not meet the zoning criteria outlined for the district in which such building is located or for the use to which such building is being put.

Nonconforming lot: A lot, the area dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

Nonconforming sign: Any sign that does not conform to the requirements of this ordinance.

Nonconforming use: A lawful use of a building, structure or land that does not comply with the use regulations for its zoning district, but which complied with applicable regulations at the time the use was established.

Nursery: Any portion of a building or lot used for the commercial cultivation, growing and/or sale of shrubs, plants and/or trees.

Nursery school: A building used exclusively for the daytime care and education of preschool children, and including all accessory buildings and play areas.

Office building: A building designed for and used as an office or offices for professional, commercial, industrial, religious, public or semi-public persons or organizations, providing no product is sold on the premises.

Open storage: See "junkyard."

Outdoor advertising sign: A structure which is designated, intended or used to advertise or inform and upon which messages unrelated to the activity and/or use of the property upon which the sign is located are displayed, and is customarily erected for the purpose of providing advertising space whether by lease or by charitable donation; commonly known as "billboard". This does not include advertising on Nroute buses, benches or bus stop shelters.

Outdoor advertising sign maintenance: The act or activity of maintaining the functional existence of an otherwise functional sign, including painting, cleaning, replacing advertising message on panels, replacing and/or updating panels, replacing walkways, replacing lighting equipment, in the case of wooden structures, replacing/repairing rotten wood and performing any activities which fit into the normally accepted use and usage of said words. In order to meet the criteria of being a functional sign, said sign must be capable of performing the function of a sign without the performance of said maintenance activities.

Outdoor storage: Outdoor storage shall be deemed to be the storage, collection or display for more than three (3) consecutive days, or any part of a day for three (3) consecutive days, of any products, materials, equipment, appliances, vehicles not in service and/or personal property of any kind on an unenclosed, uncovered area.

Parking, off-street: A parking place not located on a public street and which may serve a specified land use on the same site.

Parking lot: The outdoor area of a development, including driveways, aisles, sidewalks, ramps, parking lot stairs, hand rails and guard rails, concrete curbing, concrete wheel stops, vehicular display areas, off-street parking spaces, and loading areas, used by pedestrians, motor vehicles and non-motorized vehicles for short or long periods of time.

Parking space: A surfaced area, enclosed or unenclosed, sufficient in size as to permit storage of one (1) standard-sized automobile and connected to a public street or alley by a driveway so arranged to permit ingress and egress.

Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Permitted use: A use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Person: Any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.

Personal care: Assistance rendered by personnel to residents by performing one or more of the activities of day-to-day living which include, but are not limited to, the bathing, walking, excretory functions, feeding, personal grooming, and dressing of such residents.

Personal care home: A home or institution which is licensed by the State of Mississippi to give personal care to ambulant residents who are in need of nursing care and who, because of advanced age and/or physical/mental infirmities, are in need of assistance with their activities of daily living ordinarily provided by responsible family members. The assistance extends beyond providing shelter, food, and laundry. Examples of such assistance includes, but is not limited to, the bathing, walking, excretory functions, feeding, personal grooming, dressing, and financial assistance of such residents.

Plan, landscape: The preparation of graphic and written specifications and detailed plans to arrange and modify the effects of natural features such as plantings, ground and water forms, circulation, walks and other features to comply with the provisions herein.

Portable sign: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

Premises: Land together with structure or structures occupying it.

Principal building: The building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

Projecting sign: Any sign affixed to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall.

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

Recreational vehicle (RV): A vehicular-type unit designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or towed by another vehicle. The basic entities are travel trailer, camping trailer, truck camper, van and motor home.

Recreational vehicle (RV) campground park: Any area or tract of land on which two (2) or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreational or vacation purposes.

Recycling center: A building or other place at or in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. Recyclable materials include paper, glass, plastic and metal cans. This facility is to be distinguished from a junkyard.

Recycling collection point: An area that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas, such as in churches and schools. Storage allowed only in trailers or bins or in completely enclosed buildings. Temporary storage means no longer than a week.

Recycling plant: A facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal cans, and other products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.

Residential sign: Any sign located in a districts zoned for residential use that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms to all requirements of the zoning ordinance.

Restaurant—Full service: A conventional dining room restaurant dispensing food for consumption on the premises; and where such food is served to the public on demand from a menu during stated business hours, served in reusable containers and dinnerware, intended to be eaten on the premises primarily inside the building at tables, booths or counters, with chairs and stools, which comprises 60% of the customer floor area. Food service can be ordered in a cafeteria line or buffet, brought to the table by food attendants (waiters/waitresses), or ordered at tables from food attendants. Alcoholic beverages, beer and/or light wine may be served but are incidental to food services.

Restaurant—Fast food: A commercial establishment whose principal business is the sale of prepared food or rapidly prepared food and beverages for consumption either within the restaurant or for carry-out, and where either (1) customers are not served food and beverages by a restaurant employee (waiter/waitress) at the same table or counter where items are consumed; or (2) the establishment includes a drive-in or drive-through service facility or offers curb service. No alcoholic beverages, light wine and/or beer shall be sold or consumed on the premises.

Limited service restaurants: Any eating place or lounge which is an accessory or ancillary use to such primary uses as hotels, motels, grocery stores, country clubs, convenience stores, schools, office buildings, bowling alleys and skating rinks. The maximum seating capacity shall not exceed fifty (50) seats.

Rezoning: An amendment to or a change in the zoning ordinance of the following forms:

1.

A change in the map; e.g., the zoning designation of a particular parcel or parcels;

2.

A comprehensive revision or modification of the zoning text and map; and/or

3.

A text change in zone requirements.

Roof lines: The edge of the facia beam or eave of a building.

Roof sign: Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

Roof sign, integral: Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches.

Semi-public building: Any building whose primary purpose is for educational or eleemosynary usage. Places of worship, including churches, synagogues, mosques, etc., for purposes of this ordinance are not semi-public buildings.

Service area: An area used for outside storage of garbage, trash, equipment, or similar uses on commercial or industrial sites.

Service station: Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use for sale and installation of lubricants, tires, batteries, and similar accessories. Service stations shall not include premises where heavy automobile maintenance and repair activities such as engine overhauls, automobile painting and body/fender work are conducted. See also "convenience store."

Set-back line: The distance as measured perpendicularly from either the front, side or rear property line to the building.

Shooting range: An area or structure specially designed for the safe discharge and use of rifles, shotguns, pistols, silhouettes, skeet, trap, black power, or any similar firearm for the purpose of sport shooting or military/law enforcement training. Must comply with all other ordinances.

Shooting range, indoor: The use of a structure for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions. Must comply with all other ordinances.

Shooting range, outdoor: The use of land for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as turkey shoots. Must comply with all other ordinances.

Shrub: A plant used for massing or accent that can range in height, from twelve (12) inches to fifteen (15) feet and in spread, from twelve (12) inches to eight (8) feet.

Sign: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. A sign shall not be used as the principal or primary use of the property.

Sign, illegal: Any sign that is subject to removal pursuant to subsection 408.19 of Ordinance 71-8 [Appendix A] as amended.

Sign structure: The system of supports, uprights, bracing, framework and other such members assembled for the purpose of providing a display system.

Small craft brewery: As defined by Miss. Code Ann. 1972, section 67-3-3(f), as amended, a person having a permit issued by the State of Mississippi Department of Revenue, Alcohol Beverage Control (ABC) to manufacture or brew light wine or beer in this state and who manufactures or brews not more than sixty thousand (60,000) barrels of light wine or beer at all breweries that such person or its affiliates, subsidiary or parent company owns or controls or with whom such person contracts with for the manufacture of light wine or beer.

Special exception: A land use which is not permitted as a matter of right in a zoning district, but which the zoning board of appeals is specifically authorized to grant by terms of this ordinance under the procedures set forth in subsection (503.2) hereof, where, in the judgment of the zoning board of appeals, the land use would promote the public health, safety, morals or general welfare and would not adversely affect adjacent properties. The granting of a special exception would not change the general zoning of the property. A special exception will continue only as long as the specific land use approved thereby continues in effect and continues to comply with the conditions of the special exception. Provided, however, that a temporary cessation in use for a period of not more than a year shall not terminate the special exception. Whenever "special exception" is used, it shall be deemed to mean a conditional use allowed by the zoning board under subsection (503.2) of the ordinance.

Storage container: Portable steel storage containers brought to a location by a delivery truck and placed at ground level, these containers may not have plumbing or electrical services.

Story: That portion of a building between the surface of a floor and the ceiling immediately above.

Street: For the purpose of regulating signage, a strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, terraces, trails, or other thoroughfares.

Street frontage: The distance for which a lot line of a lot adjoins a street, from one (1) lot line intersecting said street to the furthest distant lot line intersecting the same street.

Street line: Public right-of-way line of a street.

Structure: Any type construction which requires a permanent location.

Suspended sign: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Temporary sign: Any sign that is used only temporarily and is not permanently mounted. Any sign of lightweight fabric or similar material that is temporarily mounted to a building or permanent sign at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered temporary, nor shall portable signs as defined herein be considered temporary.

Teen club: A private club, enclosed or unenclosed structure open to persons from ages thirteen (13) through nineteen (19) years of age unaccompanied by adults at which music is furnished for the purpose of social dancing and at which a person thirteen (13) through nineteen (19) years of age pays an admission, membership dues, or a minimum fee or cover charge whether or not admission is limited to members only. The use of alcohol products and/or tobacco products are not allowed on site. The hours of operation will be established by the laws regulating curfew for the City of Vicksburg. A teen club does not include uses operated by public agencies or private eleemosynary or charitable organizations, such as church youth centers, boys' and girls' club, or youth community centers provided for recreation or congregation. The teen club owner is responsible for providing on-site security for each event.

Tourist home: A property or structure individually listed on the National Register of Historic Places or designated as a "Vicksburg Landmark" by Ordinance No. 86-4 (Appendix A, Article VIII), pursuant to the procedures described in said ordinance, where guided tours of the premises may be conducted, and lodging and/or meals may be provided to tourists. Tourist home has more than six (6) units and may have a commercial or non-commercial kitchen. If a tourist home decides to include a restaurant for the guest, the restaurant will be considered as an incidental use to the primary residential use of the tourist home. A tourist home is allowed by special exception only.

Tree, large: A perennial plant, which obtains a height greater than fifty (50) feet, having a permanent woody stem or trunk usually with branches.

Tree, medium: A perennial plant, which obtains a height greater than thirty (30) feet but no greater than fifty (50) feet, having a permanent woody stem or trunk usually with branches.

Tree, small: A perennial plant, which obtains a height of at least ten (10) feet but no greater than thirty (30) feet, having a permanent woody stem or trunk usually with branches.

Turf: A surface layer of earth containing a dense growth of grass and roots suitable for growth.

Unobstructed open space: An area of land required to be maintained as specified herein, upon which no structure may be erected except those accessory structures used in connection with the movement or regulation of traffic.

Variance: A relaxation of the terms of this ordinance by the zoning board of appeals where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. The criteria for issuance of a variance are listed in subsection (503.3-1) of this ordinance. 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 not permitted shall not be allowed by variance.

Vehicle sign: See portable sign.

Waiver: A relaxation or modification of certain specified provisions of the requirements for dockside gaming establishments.

Wall sign: Any sign attached parallel to, but within six (6) inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface.

Window sign: Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

Yard: Open space on a building lot unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In determining yard widths and depths, the minimum horizontal distance between the building and the respective property line shall be used.

Yard, front: That area of a yard which extends along the entire length of the front lot line, within the two side lot lines and the minimum horizontal distance between the street line and the front set-back line of the building.

Yard, rear: That area of a yard which extends along the entire length of the rear lot line within two (2) side lot lines and the minimum horizontal distance between the rear lot line and the building, excluding unenclosed porches, balconies and projected steps.

Yards, side: That area of a yard which extends along the entire side lot lines between the front and rear lot lines and the side set-back line of the building.

Zoning administrator: The person designated with the responsibility for administering and enforcing the provisions of the zoning ordinance. Unless otherwise designated by the board of mayor and aldermen, the building official shall serve as the zoning administrator.

(Ord. No. 87-4, §§ 1, 2, 8-10-87; Ord. No. 93-7, § 1, 2-22-93; Ord. No. 93-12, § 1, 2-25-93; Ord. No. 93-28, § 1, 8-10-93; Ord. No. 94-7, § 1, 5-25-94; Ord. No. 96-5, § 1, 9-25-96; Ord. No. 2002-01, § 1, 1-7-02; Ord. No. 2002-03, §§ 1, 2, 2-25-02; Ord. No. 2004-19, §§ 1, 2, 11-1-04; Ord. No. 2005-27, §§ 1, 2, 12-22-05; Ord. No. 2006-03, § 1, 3-20-06; Ord. No. 2006-04, §§ 2, 3, 3-24-06; Ord. No. 2006-06, § 1, 4-25-06; Ord. No. 2007-13, §§ 1, 2, 8-24-07; Ord. No. 2008-15, § 1, 12-15-08; Ord. No. 2014-10, § 1, 10-20-14; Ord. No. 2017-09, § 1, 12-22-17; Ord. No. 2019-07, § 1, 6-21-19; Ord. No. 2019-09, § 1, 8-9-19; Ord. No. 2019-15, § 1, 10-10-19; Ord. No. 2024-02, § 1, 3-25-24)