For the purpose of this ordinance, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory; the word "may" is permissive; the word "used" includes "designed" and "intended or arranged to be used or occupied"; and the word "person" includes a firm, association, organization, partnership, trust, foundation, company or corporation as well as an individual.

For the purpose of this ordinance certain words, phrases and terms used herein shall be interpreted as stated in this article II. Any word, phrase or term not defined herein shall be defined by the zoning administrator, the interpretation based on its common and ordinary usage.

Abandonment: To stop the use of property intentionally. When the use of property has ceased and the property has been vacant for 12 months, abandonment of use will be presumed unless the owner can show that a diligent effort has been made to sell, rent, or use the property for a legally permissible use.

Accessory structure or use: Any detached structure or use which is subordinate or incidental to the main building or dominant use of the lot or premises, excluding driveways, sidewalks and fences.

Adult entertainment use (or activity or establishment): An adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, or similar establishment which regularly features or depicts behavior which is characterized by the exposure of "specified anatomical areas" (as defined by this ordinance), or where any employee, operator or owner exposes his/ her "specified anatomical area" for viewing of patrons. Such adult entertainment uses may further be defined as follows:

Adult arcade: An establishment where, for any form of consideration, one or more motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of "specified sexual activities" (as defined by this ordinance) or "specified anatomical areas."

Adult bookstore: An establishment which has as a substantial portion of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:

I.

Books, magazines, periodicals, or other printed matter, or photographs, films motion pictures, video cassettes, slide or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

II.

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."

Adult cabaret: A nightclub, bar, restaurant, theater, or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified anatomical areas" or by "specified sexual activities."

Adult motel: A motel or similar establishment which includes the word "adult" in any name it uses or otherwise advertises the presentation of adult material, offering public accommodation for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified anatomical areas" or by "specified sexual activities."

Adult motion picture theater: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified anatomical areas" or by "specified sexual activities."

Alley: A public or private right-of-way primarily designed to serve as a secondary access to the sides or rear of those properties for which principal frontage is on some other street; alleys are intended to provide access for refuse collection, loading/unloading and for fire protection.

Alternative financial service providers (AFSP's): A term that describes the array of financial services offered by providers that operate outside of federally insured banks and thrifts. Check cashing businesses, pay-day loan agencies, title loan companies, pawnshops, and tax refund advance companies are AFSP's.

Apartment: A dwelling unit located in a multiple family structure for occupancy by one family only, either rented or leased to the occupants. See also "condominium."

Arterial street/highway: See "Street."

Automotive maintenance services: 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 injector services; and top-off all fluids. It is also considered as minor repairs.

Automotive (major) repair services: 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.

Bar: A structure or part or a structure used primarily for the sale or dispensing of liquor by the drink.

Base flood: A flood having a one percent chance of being equaled or exceeded in any given year.

Basement: A story wholly or partially underground. For the purpose of height regulation, a basement shall be counted as a story when more than one-half of its height is above the average grade level.

Bed and breakfast facility: Residential establishment wherein units are rented to transient guests on an overnight basis and wherein breakfast is the only meal served to these guests.

Block: A parcel of land intended to be used for urban purposes, which is entirely surrounded by streets, highways, railroad rights-of-way, shoreline of waterways, public parks, boundary lines of municipalities, or combinations thereof.

Boarding house: A building other than a hotel or motel, where, for compensation and by prearrangement for definite periods, meals and/or lodging are provided for three or more but not exceeding ten persons (other than family members) on a weekly or monthly basis. (See also rooming house.")

Board of adjustment: The duly appointed members of the Yazoo City Board of Adjustment.

Bond: Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the board of mayor and aldermen. All bonds shall be approved by the board of mayor and aldermen, whenever a bond is required by these regulations.

Bond, performance: A bond warranting the completion of required improvements in accordance with approved construction plans and specifications within a specific period of time after approval of the final plat.

Buffer area: An area so planned which acts as a buffer or separation area between two or more uses or structures not compatible due to design, function, use or operation.

Buildable area, maximum: That portion of a lot remaining after required yards have been provided.

Building: Any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals, equipment, goods, or materials. The term "building" shall be construed as if followed by the words "or part thereof."

Building, fully-enclosed: A building having walls on all sides.

(NOTE: This definition is intended to distinguish between buildings that are "canopies," which do not have walls on all sides, from those that are fully-enclosed by walls. When the term "fully-enclosed building" is used in this ordinance, it is intended to prevent exposure of equipment, materials, etc. to the outside world, thereby controlling some characteristics that might be objectionable, such as noise and uses that are not aesthetically appropriate for a particular zoning district.)

Building height: The vertical distance measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the roof. See also "height."

(NOTE: The provision for measuring the finished lot grade within 20 feet of the structure is to prevent the deliberate building up of a portion of the site on which the building will sit in order to permit an additional story to be constructed.)

Building permit: A permit that is obtained from the building official granting permission to construct, build, remodel, or alter any structure.

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

Building, portable: Any building that is portable in nature, without any wheels, and built on a chassis or frame designed and constructed to be used without a permanent foundation. Building permits are required prior to the placement of such buildings on any lot.

Building setback line: See "Setback line."

Building, structural alteration of: Any change or rearrangement in the supporting members, including bearing walls, beams, columns, or girders of a building.

Canopy: A roof-like structure which is not enclosed by walls on all sides and may or may not project from a building.

Carport: A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.

Cemetery: Property used for the interring of the dead. All cemeteries are considered public/ quasi-public facilities, subject to the regulations of section 1.33.

Certificate of occupancy: A certificate issued by the city official designated by the board of mayor and aldermen to ensure that new or altered buildings or structures are in conformance with the provisions of the zoning ordinance and any other federal, state, city and county laws and to have a record on the point.

Change of use: An alteration or change from a previous use of land, buildings, or structures to another use of land, buildings, or structures.

Child care facility: A place which provides shelter and personal care for six or more children who are not related to the operator, whether such place be organized or operated for profit or not.

City: The City of Yazoo City, Mississippi.

Clinic: A facility for diagnosis and treatment of medical, chiropractic, dental or psychological outpatients, provided that patients are not kept overnight, and which may be used by one or a group of medical or dental practitioners. These shall be regulated as a commercial use.

Collector street: See "Street."

Comprehensive plan: In accordance with section 17-1-1 of the Mississippi Code of 1972, Annotated, as amended, "comprehensive plan" shall be defined as "a statement of public policy for the physical development of the entire municipality adopted by resolution of the governing body, consisting of the following elements at a minimum: (i) Goals and objectives; (ii) a land use plan; (iii) a transportation plan; and (iv) a community facilities plan."

Community facilities plan: One of the elements of a comprehensive plan. Section 17-1-1 of the Mississippi Code of 1972, Annotated, as amended, defines the term as follows: "a community facilities plan (serves as) a basis for a capital improvements program including, but not limited to, the following: housing; schools; parks and recreation; public buildings and facilities; and utilities and drainage."

Conditional use: See "Special exception."

Condominium: Real property consisting of an undivided interest in common of a portion of a parcel of real property, plus a separate interest in space in a residential, office, commercial or other land use. (From: Mississippi Code of 1972, Annotated, section 89-9-7.) See also "apartment."

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

Construction permit: A permit which a person is required to obtain prior to initiating construction of any improvements required by these regulations. This permit serves as a construction checklist to be signed by the Yazoo City Building Official, City Engineer, or other authorized inspectors and the subdivider's engineer after each improvement has been satisfactorily installed.

Construction plans: The maps and drawings showing the specific location and design of improvements to be installed in accordance with these regulations.

Convalescent home (rest home or nursing home): Those health facilities where persons are housed and furnished with meals and continuing nursing services for a fee.

Convenience store: A retail establishment of not more than 5,000 square feet of retail sales area, not counting storage, that sells a limited line of groceries, prepackaged food items, tobacco, periodicals, and other household items for the convenience of the neighborhood. The establishment may also sell gasoline and automotive products, hot beverages, fountain-type beverages, cold beverages, and other food items. Included in the same building, but in a separate section, may be a fast food restaurant.

Country club: A land area and buildings containing recreational facilities, clubhouse and the usual accessory uses, open only to members and their guests for a membership fee. Country clubs are regulated as public/quasi-public facilities and are subject to the provisions of section 1.33 of this ordinance.

County: The County of Yazoo.

Coverage: That part of a lot covered by buildings.

Cul-de-sac or dead-end street: A local street which has only one end open to vehicular traffic and the other permanently terminated by a vehicle turn-around.

Curb radius or curb line radius: The radius used to join two intersecting streets.

Density: The intensity of land use and also the maximum intensity of use of a minimum lot or land area physically possible observing all yard, height, and lot or land area coverage provisions of this Ordinance, exclusive of any publicly dedicated rights-of-way.

Developer: The legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land, who seek to develop or improve a lot or group of lots or structures thereon for use or occupancy.

Development: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.

Development plan: A drawing or set of drawings depicting the ultimate layout and proposed land uses for a large tract of land, usually involving varying lot sizes and/or different proposed land uses. A development plan of a subdivision may be considered the "sketch plat" if a subdivision is to be constructed in phases. A development plan is sometimes referred to as a "master plan"; however, since the comprehensive plan for the city may also be called a "master plan," the term master plan is not used in this ordinance.

Dimensional variance: See "Variance."

Disabled persons: Individuals who suffer from a permanent condition resulting from a mental or physical impairment that leaves such persons unable to perform "major life functions."

(From: Accommodating Disabilities: Business Management Guide, published by the Commerce Clearing House, Inc., 1992; this publication deals with the requirements of the Americans with Disabilities Act).

District: Any section or sections of the city for which regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are established by this ordinance.

Drainage channel: A watercourse with a definite bed and banks which conduct and confine the normal continuous and intermittent flow of water.

Drinking places: Establishments primarily engaged in the retail sale of alcoholic drinks, such as beer, ale, wine, liquor, and other alcoholic beverages for consumption on the premises. The sale of food frequently accounts for a substantial portion of the receipts of these establishments.

Driveway: A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

Duplex: A residential building designed to be occupied by two families living independently of each other.

Dwelling: Any building, or portion thereof, or manufactured/ mobile home, which is designed and used for human habitation; however, a manufactured/ mobile home, as defined herein, shall not be used as a dwelling in any residential district other than manufactured home park (MHP) or manufactured home subdivision (MHS) residential districts or as a conditional uses (special exception) in the agricultural (A-1) district.

Dwelling, single-family: A detached residential building designed for occupancy by one family. There shall be no residential building placed under 900 square feet and no stick built dwellings under 800 square feet and buildings should meet all other adopted zoning and IBC Codes.

Dwelling, multi-family: Any residential building or portion thereof which is occupied by three or more families living independently of each other. The term "multiple-family dwelling" shall be understood to include apartment houses or "complexes" and condominiums.

Dwelling, patio (or house or home): A detached single-family dwelling unit that is constructed nearer the lot line on one side (but not directly on either lot line) of a lot than the other side.

Dwelling unit: A room or group of rooms occupied or intended to be occupied as separate living quarters.

Dwelling, zero lot line: A detached single-family dwelling on a separate lot with open space setbacks on three sides. In order to be considered a true "zero lot line dwelling" the dwelling must rest directly against a lot line on one side of the lot; otherwise, it shall be considered a patio home."

Easement: Authorizations granted by a property owner for the use of a designated part of his property by the public, a corporation or persons for specific purposes.

Eating and drinking places: Retail establishments selling prepared foods and drinks for consumption on premises, and also lunch counters and refresh stands selling prepared foods and drinks for immediate consumption.

Employee (staff): Any person who is regularly on the premises of a business or industrial establishment for productive use on a part-time or full-time basis. For the purposes of this ordinance the maximum number of employees on the premises of an establishment at one time shall constitute the number of employees.

Facilities and utilities, public/quasi-public: Any building, structure, system, use, or combination of uses, which is customarily and ordinarily provided by either public or private agencies, groups, societies, corporations, or organizations, whose purpose is the provision of necessary and desirable goods and/or services for the general public health, safety, and welfare. Such uses shall include, but not be limited to:

(a)

Churches and other religious institutions.

(b)

Schools, including all private, public or parochial schools, excluding institutions of higher learning which shall be zoned "special use" districts only.

(c)

All governmental buildings (including municipal buildings and buildings erected by county, state or federal governments) and major governmental facilities, such as water pumping stations, sewage treatment plants, sanitary landfills and the like. (Note: Public recreation and open space facilities are a land use permitted outright in any district, and such facilities are not subject to the regulations of section 1.33 as special exceptions.)

(d)

All hospitals, whether public or private.

(e)

Convalescent homes or nursing homes, excluding "comprehensive elderly retirement facilities" which shall be zoned as "special use" districts only.

(f)

Civic organization buildings and major facilities.

(g)

Buildings and facilities erected by charitable organizations (e.g., American Red Cross, Salvation Army, etc.); (Note: When such facilities are erected as emergency measures, they shall be exempt from the special exception provisions of this ordinance, including site plan review and public hearing requirements).

(h)

Country clubs and other major recreational facilities constructed by private groups.

(i)

All cemeteries.

(j)

Major facilities associated with privately-owned utilities (electrical, natural gas, telephone) including but not limited to electrical substations, telephone communications centers, microwave towers, cellular telephone antennas, natural gas pumping facilities and similar significant uses.

Family: One person living alone, or two or more persons living together as a single, housekeeping unit, whether related to each other legally or not, as distinguished from a group occupying a boarding house, lodging house, hotel, motel, dormitory or similar dwelling for group use. A family shall be deemed to include domestic servants employed by said family when these servants are on-premise residents.

Fast food restaurant: See "Restaurant, fast food."

Fill: The placing, storing or dumping of any material such as earth, clay, sand, rubble or waste of any kind upon the surface of the ground which results in increasing the natural surface elevation.

Floor area: The sum of the gross horizontal area of all floors of a building, excluding all porches, balconies, garages or carports, measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings.

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 or her application for a building permit which side bordering a street is the front.

Frontage: Property on one side of a street measured along the line of the street, or in the case of a corner lot or "through lot," the property on each street measured along the lines of both streets.

Funeral home (or mortuary): A building used for the preparation of deceased human bodies for burial or cremation and the display of the deceased and ceremonies connected therewith before burial or cremation.

Future land use plan: See "Land use plan."

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

Garage (private): The term "garage" shall mean a private garage, which is a fully enclosed portion of a main building or a fully enclosed accessory building (i.e., detached from the main building) and used primarily for the storage of privately owned automobiles.

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.

Garage, mechanical (repair shop): A building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping of motor-driven vehicles and the storage of such vehicles; also includes selling, renting, or leasing of motor-driven vehicles in conjunction with repair work.

Garage, storage: A building or portion thereof, other than a private garage, used exclusively for the parking or storage of motor-driven vehicles, with no other facilities provided except facilities for washing. Also referred to as a "parking garage."

Goals and objectives: One of the elements of a comprehensive plan. Section 17-1-1 (c)(ii) of the Mississippi Code of 1972, Annotated, as amended, defines the term as follows: "goals and objectives (are a list of policies, adopted by the governing authorities) for the long-range (20 to 25 years) development of the county or municipality. Required goals and objectives shall address, at a minimum, residential, commercial, and industrial development; parks, open space and recreation, street or road improvements; public schools and community facilities."

Governing body: The elected body of a unit of local government with legislative power.

Grade or finished grade: The finished elevation of land, either horizontal or sloping, after completion of site preparations for construction.

Health department: The Yazoo County Health Department.

Homeowners association: A non-profit organization (corporate or otherwise) operating under recorded land agreements through which each property owner is automatically subject to a charge for a proportionate share of expenses for maintaining common open space, other activities and facilities.

Home occupation: An occupation for gain or support conducted only by members of a family residing in a dwelling and conducted entirely within the dwelling, provided that no article is sold or offered for sale except such as may be produced by members of the family residing in the dwelling, and further provided that the occupation is incidental to the residential use of the premises and does not utilize more that 25 percent of the floor area of the dwelling. A home occupation shall not be conducted in an accessory building. Home occupation shall include, in general, personal services, such as are furnished by a physician, dentist, musician, artist, hair stylist/ barber, or seamstress when performed by the person occupying the building as his or her private dwelling, and not including the employment of any additional persons in the performance of such services.

Hospital: A public or quasi-public institution where sick or injured persons are given medical care and in the course of same are housed overnight, fed and provided nursing and related services.

Hospital, veterinary: A facility where sick or injured animals are given medical or surgical care and, in the course of same, may be housed overnight, fed, and provided related services. Such uses shall be subject to the regulations of the Animal Control Ordinance of the City of Yazoo City, and shall be considered a commercial use.

Hotel or motel: A building or buildings where lodging and sometimes food and various personal services are provided for more than 20 persons, who are usually but not always transients, for compensation. Hotels and motels shall be considered a commercial use.

Improvements: Physical changes made to raw land and structures and utilities placed on or under the land surface.

Individual sewage disposal system: A septic tank, seepage tile sewage disposal system, or any other sewage treatment device approved by the Yazoo County Health Department and the State Department of Natural Resources, Bureau of Pollution Control.

Industry: A facility for processing products or raw materials.

Industry, heavy: Those industrial uses which are not fully enclosed and/or which generate substantial amounts of noise, vibration, odors or possess other objectionable characteristics. These industrial uses may also include operations that involve outdoor storage of materials and/or finished products.

Industry, limited (light): Those industrial uses including manufacturing activities conducted wholly within completely enclosed buildings (except for the temporary storage within adequately screened or buffered areas of articles, materials, or other matter to be processed, assembled or otherwise changed) and other industrial-related activities which do not generate objectionable odors, smoke, fumes, vibration, or excessive noise.

Industry, "wet-type": Those heavy industrial uses which require the discharge of by-products or processed waste water through the sewer system. Such industrial uses shall be permitted as a conditional use only in the heavy industrial districts (I-2).

Inn (or "bed and breakfast inn"): See "Bed and breakfast facility."

Internal building space: The required minimum space between principal or accessory buildings on the same lot.

Junk yards (or "salvage yard"): A place where waste and discharged or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, used lumber yards, house wrecking yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but excluding places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations.

Kennel: A facility other than a residence, where four or more dogs or cats, or a combination thereof, are boarded, whether by the owners of the animals or other persons, with or without compensation. A kennel shall be considered a commercial use.

Landscaping: The addition of lawns, trees, plants, and other natural or decorative features to land, including lakes and watercourses. Landscape treatment can include walks or patios.

Land use plan: One of the elements of a comprehensive plan, usually developed concurrently with the transportation/thoroughfares plan. Section 17-1-1(c)(ii) of the Mississippi Code of 1972, Annotated, as amended, defines the term as follows: "a land use plan designates in map or policy form the proposed general distribution and extent of the use of land for residences, commerce, industry, recreation, and open space, public/quasi-public facilities and lands. Background information shall be provided concerning the specific meaning of land use categories depicted in the plan in terms of the following: residential densities; intensity of commercial uses; industrial and public/quasi-public uses; and any other information needed to adequately define the meaning of such land use ordinances. Projections of population and economic growth for the area encompassed by the plan may be the basis for quantitative recommendations for each land use category."

Loading space: An off-street space or berth on the same lot with building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials and that abuts a street, alley, or other appropriate means of access.

Local street: See "Street."

Lodging house: See "Rooming house."

Lot: A parcel of land at least sufficient size to meet the minimum requirements for use, coverage, and area and to provide such yards and other open spaces as specified in this ordinance. Such lot shall have frontage on an improved public (dedicated) street specifically approved by the board of mayor and aldermen through the subdivision plat review process prescribed in this ordinance or through the site plan review process required by this ordinance for multifamily dwellings and other developments.

Lot area: The total area of a lot included within the boundary lines of a lot.

Lot, corner: A lot abutting upon two or more streets at their intersections.

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

Lot, double frontage: A lot which runs through a block from street to street (i.e., has frontage on more than one street); double frontage lots are also called "through lots."

Lot frontage: The front of a lot shall be construed to be that dimension of a lot abutting on a street. For the purpose of determining yard requirements on corner lots or double frontage lots, all sides of such lots abutting on public streets shall be considered lot frontage, and yards shall be provided as indicated in this ordinance.

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

Lot lines: The lines bounding a lot as such parcel of land is defined herein.

Lot line, front: In the case of an interior lot, the property boundary line separating said lot from the street. In the case of a corner lot or double frontage lot, the line separating said lot from the street on which the building will face, as determined from the application for a building permit.

Lot line, rear: The property boundary line 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 of record: A lot which is a part of a subdivision, the map of which is recorded in the office of the Chancery Clerk of Yazoo County, Mississippi, or a lot described by metes and bounds, the description of which has been recorded in said office.

Lot width: The distance from side of lot to side of lot measured at the front minimum building setback line.

Manufacturing use: A facility at which goods are made from secondary materials (previously prepared or refined materials) or raw materials (unrefined materials) through the use of machinery and labor and often employing assembly line techniques. In the case of "light" manufacturing uses, most goods are produced from secondary materials, except for processing, packaging, or canning of food products, and little or no water is used in the manufacturing process. In the case of "heavy" manufacturing, goods are often produced from raw materials and may involve the use of large amounts of water.

Manufactured home: A single-family residential dwelling built in a factory in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974 after June 15, 1976. Manufactured homes shall be considered structures for the purposes of this ordinance. Recreational vehicles ("travel trailers"), as defined herein, shall not be considered manufactured homes, and they are deemed vehicles but not dwellings or structures. See also "Mobile home."

Manufactured home park: An area, tract, site or plot of land of at least ten acres, which has been planned, improved and meets the requirements of this ordinance, and in which spaces are provided on a rental basis or lease basis only for owner-occupied homes or in which both the space and the manufactured home are offered to the public on a rental or lease basis only.

Manufactured home space: A plot of ground within a manufactured home park designed for and designated as (on an approved site plan) the location of one manufactured home, and which has water, sewer and electricity at the space.

Manufactured home stand or "pad": The paved runners or paved parking area in each manufactured home space upon which the manufactured home is placed, together with the paved patio and paved off-street vehicular parking area.

Major subdivision: All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of local government facilities or the creation of any public improvements.

Minor subdivision: Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities or the creation of any public improvements, and not adversely affecting adjoining property, and not in conflict with any provision or portion of the City of Yazoo City Comprehensive Plan or these Regulations. (From: Model Subdivision Regulations, Freilich and Schultz.)

Mobile home: A single-family residential dwelling unit built in a factory on or prior to June 15, 1976, and not constructed in accordance with the National Manufactured Home and Construction Safety Standards Act of 1974, as amended.

Mobile home park: An area, tract, site, or plot of land of at least ten acres that has been planned, improved, and meets the requirements of this ordinance, and in which spaces are provided on a rental basis or lease only for owner-occupied homes, or in which both the space and the mobile home are offered to the public on a rental or lease basis only. The term "mobile home park" shall include the terms "trailer park," "trailer court," and similar terms.

Mobile space (or "lot"): A plot of ground within a mobile home park designed for and designated as (on an approved site plan) the location of one mobile home, and which has water, sewer, and electricity at the space.

Mobile home stand or "pad": The paved runners or paved parking area in each mobile home space upon which the mobile home is placed, together with the paved patio and paved off-street vehicular parking area.

Modular home: A residential dwelling manufactured in whole or in part in an off-site manufacturing facility designed to be transported to a building site be a trailer or other similar carrier, which is not designed to be permanently attached to the dwelling or remain with it after the structure is placed on its permanent foundation. Modular homes are not constructed with an integral chassis, permanent hitch, wheels, axles, or other device allowing transportation. Modular homes must meet the Official Building Ordinance of the City of Yazoo City and be approved by the building official.

Mortuary: See "Funeral home."

Motel: See "Hotel."

Multi-family dwelling: See "Dwelling, multi-family."

Nonconformities: Any land, lot, building, structure or parts thereof, or the various uses to which are or were put, and which lawfully existed prior to the passage of this ordinance, but which subsequently does not comply with the use regulations and/or dimensional requirements of the district in which it is situated, and/or does not comply with any other requirements herein. (See section 1.40 of this ordinance for definitions of the various types of nonconformities, including (1) nonconforming undeveloped lots of record, (2) nonconforming structures, and (3) nonconforming uses).

Nursery, child care: See "Child care facility."

Nursery, horticultural: Commercial uses in which flowers and plants are stored and/or cultivated for retail sale and related products are offered for retail sale.

Nursing homes: See "Convalescent home."

Office: A room, group of rooms or building in which commercial activities primarily involving the provision of services rather than the sale of commodities are conducted.

Office park: A development on a tract of land, either subdivided or on a single large lot, containing a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.

One Hundred Year Flood: See "Base flood."

Open space or "common open space": A parcel or parcels of land not occupied by dwellings or residential structures, accessory structures and yards, which may consist of jogging trails, tennis courts, a golf course, swimming pool, associated recreational buildings and the like, and which is permanently maintained in a suitable state for the shared enjoyment by the owners and/or occupants of individual dwelling units or residential structures within a particular development (such as a conventional residential subdivision, an apartment complex, a manufactured home park or a planned unit development).

Overlay zone: A district established by ordinance to prescribe special regulations to be applied to a site in combination with the regulations of the underlying or base district.

Owner: Any person having legal title to or sufficient proprietary interest in the land sought to be subdivided under this ordinance.

Park (public): A tract of land, designated and used by the public for active and passive recreation.

Parking space: For the purposes of this ordinance, the term "parking space" shall refer only to parking places not located on a public street. Each parking space shall be sufficient in size to store one full-size automobile, or 200 square feet in area for each such space, exclusive of the necessary maneuvering space providing access to each parking space, unless otherwise approved as part of the site plan review process.

Patio house or patio home: See "Dwelling, patio (or house or home)."

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

Personal care home: A dwelling consisting of a minimum of three bedrooms and a maximum of five bedrooms being occupied by ambulatory, semi-ambulatory, non-ambulatory, and/or chronically ill individuals who require less extensive care, with personal services such as the provision of aid in walking, climbing or descending stairs, getting in or out of bed, feeding (including the preparation of special diets), dressing, bathing or in other matters of personal hygiene, and the supervision of medication.

Planned unit development (PUD): An area of a minimum contiguous size, as specified by this Ordinance, to be planned and developed as a single entity containing one or more residential clusters and in which land not used for residential structures or yards but required by the basic zoning of the site shall be reserved collectively in contiguous units accessible to all building sites in the development as open space for the purpose of providing recreational facilities and pedestrian circulation. Two-family or multi-family dwellings, commercial development or public/quasi-public facilities or utilities may only be permitted in a planned unit development if a development plan is submitted and appropriate rezoning (or a special exception for public/quasi-public uses) is approved by the board of mayor and aldermen.

Planning commission: The duly appointed Yazoo City Planning Commission of the City of Yazoo City, Mississippi.

Planting screen: Densely planted vegetation used to visually shield or obscure abutting or nearby structures or uses from other uses or structures.

Plat: A map, plan or layout of a subdivision showing the information required by this ordinance.

Portable building: See "Building, portable."

Principal arterial street/highway: See "Street."

Principal structure or use: The main building(s) or dominant use(s) of a lot. The specific primary purpose for which land or a building is intended to be used.

Private drive (or driveway): A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure. A "driveway" has not been dedicated or accepted by the city for public use.

Property line: The legal boundary line separating buildings or tracts in different ownership.

Public/quasi-public uses: These uses include the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other activities that are strongly vested with public importance or to some degree with public importance.

Public use: Any use of land that is owned or used exclusively by the city, county, state, or federal government, or any use of land that is maintained for or used by the general population. These uses include, but are not limited to, schools, parks, government buildings, hospitals, cemeteries, and other similar uses.

Quasi-public use: A use privately owned or operated by a nonprofit, religious, civic, or charitable institutions or organizations and providing educational, cultural, recreational, religious, or similar types of civic activities that resemble in some degree public programs/uses. These uses include hospitals, churches, private clubs such as a lodge or fraternity, and other similar privately-owned uses.

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

Recreational vehicle (RV): See "Transient trailer" or "Travel trailer."

Registered professional engineer: An engineer properly licensed and registered in the State of Mississippi.

Registered land surveyor: A land surveyor licensed and registered in the State of Mississippi.

Rest home: See "Convalescent home."

Resort area: According to section 67-1-5 of the Mississippi Code 1972, annotated, and state tax commission, it "means any area or locality outside of the limits of incorporated municipalities in this state commonly known and accepted as a place that regularly and customarily attracts tourists, vacationists and other transients because of its historical, scenic or recreational facilities or attractions, or because of other attributes which regularly and customarily appeal to and attract tourists, vacationists and other transients in substantial numbers; however, no area or locality shall so qualify as a resort area until it has been duly and properly approved as such by the commission."

Restaurants: A commercial building, structure, or portion thereof, where food is prepared and provided for sale, for consumption on the premises, or where food is prepared and sold for consumption off the premises, including a café, coffee house, lunchroom, tearoom, diner, drive-in, carryout, or other similar establishments, shall be considered as a restaurant; however, any establishment where the preparation of food is merely incidental to the sale of food products, such as grocery stores, convenience stores, and food markets, shall not be included. No place shall qualify as a restaurant under this definition unless over 50 percent of the floor area is devoted to the preparation and sale of food.

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 or 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.

Restaurant, full service: A commercial establishment where customers are served food and beverages by a restaurant employee (waiter or waitress) at the same table or counter where items are consumed. This term does not include "fast food restaurants" as defined herein. "Full service restaurants" may offer some "carry-out" services where food and beverages (including adult/alcoholic beverages) are consumed off the premises.

Retirement village: Planned developments for the elderly which, because of their size, institutional nature and unique characteristics, do not fit compatibly into other zoning districts of the city; retirement villages constitute "self-contained communities" and may include: residential uses, related health-care facilities, cultural and recreational facilities, commercial outlets intended primarily for the benefit of residents and staff, and similar associated uses.

Right-of-way: A strip of land occupied or intended to be occupied by a street or highway, pedestrian crosswalk, railroad, electric transmission line, water main, sanitary or storm sewer main, or for another special use.

Road, public: All public property reserved or dedicated for street traffic.

Road, private: A way open to vehicular ingress and egress established as a separate tract for the benefit of certain adjacent properties. This definition shall not apply to driveways.

Rooming house: A building or dwelling unit other than a hotel, motel, or apartment, where for compensation and by prearrangement for either definite or indefinite periods, lodging only is provided for compensation for up to 12 persons. A building which has accommodations for more than 12 persons shall be defined as a "hotel" or "motel" under the terms of this ordinance. Also known as a boarding house.

Sanitary sewer system: A public sewage disposal system or private central sewage disposal system of a type approved by the Mississippi Department of Natural Resources, Bureau of Pollution Control; or an individual disposal system of a type approved by the Yazoo County Health Department Sanitarian.

School: The term "school" as used in this ordinance shall include public, private, and parochial institutions of learning, including trade or industrial schools" (i.e., those schools offering training to students in skills required for the practice of trades and industry), but excluding institutions of higher learning (colleges and universities).

Screening: A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing , walls, berms or densely planted vegetation.

Service station: Any premises that is primarily used for retail sale of gasoline and other petroleum products or automobile accessories and incidental services including facilities for lubricating, washing (either automatic or by hand) and cleaning, or otherwise servicing automobiles and light trucks. This term shall not include premises where heavy vehicular repair activities such as engine overhauls, painting or body work are conducted.

Setback: The distance between the street right-of-way line and the building setback line, excluding uncovered steps.

Setback line or building setback line: A line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed. The minimum distance is prescribed by this ordinance. The front building setback line is parallel to or concentric with the street right-of-way line.

Shopping center: A group, consisting of five or more commercial establishments, planned, developed and managed as a unit, with adequate off-street parking facilities provided on the property and related in its location, size, and type of stores to the trade area or neighborhood that the unit serves.

Sidewalk: A paved walk for pedestrians. When a sidewalk is to be constructed within a dedicated right-of-way, the sidewalk shall be constructed in accordance with this ordinance.

Side street: A street bordering the side of a lot and intersecting the street on which a structure on the lot faces, as determined by the zoning administrator; in the case of buildings (as opposed to other types of "structures"), the street which the building faces shall be determined by the principal entrance to the building.

Sign: Any device, structure, fixture, or placard using graphics, symbols, and/ or written copy designed specifically for the purpose of advertising or identifying any establishment, product, services, activity, place, person or any other item of information. Signs may be further defined as to types in the sign chapter of this ordinance.

Site plan: A drawing indicating the location of existing and proposed buildings or other structures with dimensions designated thereon, topography, existing or proposed easements, rights-of-way, utilities, drainage, landscaping and planting screens, and points of access/egress and driveways on a single lot. A "site plan" differs from a "subdivision plat" in that a subdivision plat reflects certain required information for two or more lots.

Site plan review: The process specified under Sections 1.600.11 through 1.600.14 of this ordinance in which site plans for certain proposed developments and/or site plans (when required by the Zoning administrator in coordination with other city/ county officials) accompanying applications for dimensional variance, conditional use, and rezoning are reviewed by city officials, the planning commission and the board of mayor and aldermen for conformance with this ordinance and other applicable laws and ordinances, and to determine what other special restrictions (if any) need to be applied if the site plan and application are approved by the board of mayor and aldermen.

Specialty shop: A store that specializes in a particular line of merchandise, such as a baked goods, candy, clothing, hardware, clothing, antiques, bicycles, etc.

Special exception: A land use which would not generally be appropriate in a particular zoning district, but which, with certain restrictions or conditions, would in the judgement of the board of mayor and aldermen promote the public health, safety, morals, or general welfare of the city and would not adversely affect adjacent properties. A building permit granted by the city for the initiation of a special exception (with the necessary restrictions included) will not change the zoning of the property involved and will allow such use to continue as long as the specific use granted by the conditional use remains the same. Also referred to as a conditional use.

Special use district: A zoning district to provide areas for the development of special uses, which, because of their size, institutional nature, and/or unique characteristics, do not fit compatibly into other zoning districts of the city. Such uses commonly constitute "self-contained communities" with housing, dining/food services facilities, recreational uses, and commercial-type outlets provided primarily for the benefit of the staff and residents of the institution on the grounds. This district is designed in part to protect existing residential uses.

Specified anatomical areas: Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or less than 50 percent of the female breast below a point immediately above the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.

Specified sexual activity: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually oriented torture, beating or the infliction of physical pain; erotic touching, fondling or other such contact with an animal by a human being; or human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in this section.

Spot zoning: The improper zoning or rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses. While such spot zoning may not be illegal per se, it is generally regarded as an improper practice.

Story: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. For the purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average grade elevation, or when the basement is used for commercial activities (See "Basement").

Street: A publicly-owned thoroughfare which affords the principal means of access to abutting property; such thoroughfares are dedicated by a property owner for public use, accepted by the responsible political entity in which the street is located and is so dedicated, and recorded in the Office of the Yazoo County Chancery Clerk.

Street right-of-way line: The legal property boundary line delineating the street right-of-way and the abutting property.

Strip development: Commercial development, usually one store deep, that fronts on a major street.

Structure: Anything constructed or erected, the use of which requires a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, manufactured homes, walls, fences, and billboards, but shall not include "transient trailers (travel trailers)" as defined herein. The term structure shall be construed as if followed by the words "or part thereof." The term "structure" is not intended to include driveways, patios, parking lots, or utilities (i.e., utility lines running to a structure).

Structural alteration of a building: See "Building, structural alteration of."

Subdivider: Any person, firm, partnership, corporation or other entity acting as a unit, who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision.

Subdivision: The division of any lot, tract or parcel of land into two or more lots for the immediate or future purpose of sale or building development by means of an appropriately recorded document. However, the term "subdivision" as used herein shall not include the exceptions to these regulations as cited under section 1.30. See also "major subdivision" and "minor subdivision."

Theater, motion picture: A building or part of a building devoted primarily to the showing of motion pictures on a paid admission basis.

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

Through lot: See "Lot, double frontage."

Thoroughfares plan: The primary component of the "transportation plan," which is one of the elements of a comprehensive plan, usually developed concurrently with another element, the "land use plan."

Townhouse: A single-family dwelling constructed in a series or group of attached units with property lines separating each unit. (From: Standard Building Ordinance).

Townhouse subdivision: A subdivision in which the developer proposes to partition land into individual lots and construct townhouses wherein both the dwellings and the lots will be individually owned by the residents.

"Trailer": Archaic term sometimes applied to manufactured homes. (See "Manufactured home").

Transient trailer (travel trailer): A portable or mobile living unit used for temporary human occupancy away from the place or residence of the occupants. For the purposes of this ordinance, such transient trailers shall be considered a vehicle and not a structure. The term transient trailer" or "travel trailer" shall include "pick-up truck campers," "motor homes," "camping trailers" and "recreational vehicles."

Transient trailer park: A commercial operation where space and service accommodations for transient trailers are provided for a fee on an overnight or daily basis.

Transportation plan: One of the elements of a comprehensive plan. See section 17-1-1(c)(ii) of the Mississippi Code of 1972, Annotated, as amended.

Truck stop: Any area of land, including the structures thereon, that is used for the servicing of heavy trucks (i.e., tractor-trailer combinations designed for transporting large cargoes), and which may offer food and beverages in addition to lodging.

Undeveloped lot: A vacant lot or parcel of land.

Use: The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use.

Use, accessory: See "Accessory use."

Utility: See "Facilities and utilities, public/quasi-public."

Variance: 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 and not the result of the actions of the applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship. However, financial hardship shall not be considered justification for granting a variance. The criteria for issuance of a variance are listed under section 1.600.08 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, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining district.

Vehicle: Any device for carrying passengers, goods, or equipment, usually moving on wheels. This definition does not include manufactured homes, which are considered structures for the purposes of this ordinance.

Veterinary hospital: See "Hospital, veterinary."

Yard (or "minimum yard" or "setback"): The required open space between any main building or portion thereof and the adjoining lot lines, which shall remain unoccupied and unobstructed by any portion of a structure, except as otherwise specifically provided herein. In measuring a lot for the purpose of determining the minimum front, side or rear yard, the shortest horizontal distance between the lot line and the nearest vertical bearing (wall, column, etc.) of a structure shall be used.

Yard, front: The required unoccupied and unobstructed space on the same lot with a main building, extending the full width of the lot, and situated between the front property line and the nearest leading edge of the main building.

Yard, rear: The required unoccupied and unobstructed space on the same lot with a main building, situated between the rear property line and the nearest leading edge of the main building, and extending the full width of the lot.

Yard, side: The required unoccupied and unobstructed space on the same lot with a main building, situated between the side property line and the nearest leading edge of the main building.

Zoning administrator: The official charged by the board of mayor and aldermen with the administration and enforcement of this ordinance, or his duly authorized representative.

Zoning district: See "District."

(Order of 05-10-2021 (1))