§ 21 — DEFINITIONS

DEFINITIONS

DEFINITIONS SECTION 21 For the purpose of this Ordinance certain words, phrases, and terms used herein shall be interpreted as stated in this article. Any word, phrase, or term not defined herein shall be defined by the Director of Community Development or his designee, the interpretation based on its common and ordinary usage. A Accessory Structure or Use: Any detached structure or use that is subordinate or incidental to the main building or dominant use of the lot or premises, excluding driveways, sidewalks, and fences. Adult Entertainment Use (Activity or Establishment): An adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, or similar establishment that regularly features or depicts behavior that is characterized by the exposure of “specified anatomical areas,” 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 Bookstore: An establishment that 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: (a) Books, magazines, periodicals, other printed matter, photographs, films, motion pictures, video cassettes, slide, or other visual representations that are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas,” or (b) Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”

Adult Cabaret: A nightclub, bar, restaurant, theater, or similar establishment that regularly features live performances, which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities,” or shows films, motion pictures, video cassettes, slides, or photographic reproductions that 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 that includes the word “adult” in any name it uses or otherwise advertises the presentation of adult material, offering public accommodations for any form of consideration, which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that 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 that is characterized by an emphasis upon the depiction or description of “specified anatomical areas” or by “specified sexual activities.” Adult Theater: A theater, concert hall, auditorium, or similar establishment characterized by (activities featuring) the exposure of “specified anatomical areas” or by “specified sexual activities.” Massage Parlor: An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation of the human body is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. Sexual Encounter Establishment: An establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with “specified sexual activities” or the “exposure of specified anatomical areas.” This definition does not include an establishment where a medical practitioner, psychologist, or similar professional person licensed by the state engages in sexual therapy. 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 stage 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; beating or the infliction of physical pain by masochism or

sexually oriented torture; 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. 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. Animal Control Ordinance: When used in this Zoning Ordinance, this term shall refer to the Animal Control Ordinance of the City of Ridgeland. Apartment: A dwelling unit located in a multi-family structure for occupancy by one family only, either rented or leased to the occupants. Any occupancy of such Apartment must be for a period of three (3) months or more. A license is required for the rental of any Apartment for a period of less than three (3) months. An apartment may not be owned by the occupant (except by the owner of the complex). See also “Condominium” and “Townhouse.” Appurtenance: Spires, belfries, cupolas, antennas, water tanks, ventilation chimneys, masts, towers, or other building elements usually required to be placed above the roof level and not intended for human occupancy. This definition shall not apply to elevator shafts, parapet walls or any extension thereof. Architectural Review Board: When used in this Zoning Ordinance, this term shall refer to the board duly established by the Mayor and Board of Aldermen. Arterial Street/Highway: See “Street.” Automotive Service, Major: A facility primarily engaged in major automotive repairs, servicing, rebuilding, or reconditioning of motor vehicles. Typical activities include engine and transmission repair, bodywork, collision repair, painting, frame adjustments, welding, and similar intensive automotive servicing. The site may include garages, service bays, storage areas for parts, administrative offices, and secure parking areas for vehicles awaiting repair or pickup; excluding selling, renting, or leasing of motor-driven vehicles. Automotive Service, Minor: A business offering routine automotive maintenance and minor repairs such as oil changes, fluid checks, brake service, tire repair or replacement, wheel alignment, battery installation, and other light mechanical tasks not involving extensive bodywork, engine rebuilding, or heavy mechanical repairs. Such establishments typically have limited overnight vehicle storage and primarily service vehicles within enclosed bays during business hours. Automotive, Service Station: A facility primarily designed for retail dispensing of gasoline, diesel, or alternative fuels directly to motor vehicles. This use often includes ancillary activities such as convenience retail sales and automotive accessory sales. Facilities generally include a Convenience Store, fueling islands and canopies, underground fuel storage tanks, tire inflation kiosks, and limited parking areas. This term includes any facility with Level 3 (and above) Electric Vehicle Charging Stations.

B Bar and/or Cocktail Lounge: Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded there from by law. It shall not mean premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than 25 percent of the gross receipts. Basement: A story of a building 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. Boarding 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, meals and/or lodging are provided for three or more persons. In no event shall the occupancy of a boarding house be permitted to exceed twelve boarders. A building, which has accommodations for, or is accommodating more than twelve persons shall be defined as a “Hotel” or “Motel” under the terms of this Ordinance. See also “Rooming House”. 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. Building: Any enclosed structure built for the housing, shelter, or enclosure of persons, animals, or chattel. The term “building” shall be construed as if followed by the words “or part thereof.” Building Area: The projected horizontal area of a building(s) including air wells, and all other spaces within the building, but excluding open air porches, courtyards, verandahs, steps, cornices, chimney breasts, fire escapes, exterior stairways, breezeways, accessory structures or buildings, ramps and open landing platforms. Building Height: The vertical distance measured from the average elevation of the finished grade within twenty feet of the structure to the highest point of the roof. (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 issued by the appropriately designated city official authorizing the construction, placement, or structural alteration of a specific building on a specific lot. Building, Portable: See Portable Building Ordinance of the City of Ridgeland. Building Setback Line: See “Setback Line.” Building, Structural Alteration of: Any change or re-arrangement in the supporting members, including bearing walls, beams, columns, or girders of a building.

C Canopy: A canopy, which may be attached to the main building or separated from the main building providing a sheltered place for parking a vehicle and for entering and alighting from said vehicle. 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 32. Certificate of Occupancy: A certificate issued by the Building Official in conformance with the Standard Codes of the City of Ridgeland. Change of Use: Alteration of change from a previous use of land, buildings, or structures to another use of land, buildings, or structures. Child Care Facility: A place that 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 Ridgeland, Mississippi. Climate Controlled Storage Facility: A storage facility which is heated and air-conditioned and in which individual storage units or spaces must be accessed only from the interior of a building. Collector Street: See “Street.” Co-Location: The practice of placing communication attachments to any existing tower, building, or structure that currently accommodates other communication attachments. Commercial Communication Tower: A freestanding structure that is intended for transmitting or receiving television, radio, telephone, pagers, or similar communications, excluding STL’s (Studio to Transmitter Link) transmitting devices, which have the following characteristics: (a) line of sight transmission; (b) a height no greater than the minimum height above a tree line for a transmission to a taller tower, transmission that is limited to radio or television broadcast purposes; and (c) the STL is located on property properly zoned. Communication Attachment: Any and all devices intended for transmitting and receiving telephone, television, radio, fiber optics or similar communications, excluding attachments used for Studio to Transmitter Links (STLs). Compensation: As used in any definition in this ordinance the term for compensation shall include both direct and indirect compensation, including but not limited to direct payments, employment benefits provided to three or more unrelated persons in the same dwelling unit, or any other form of indirect compensation.

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: A land use that would not generally be appropriate in a particular zoning district, but which, with certain restrictions or conditions, would, in the judgment of the Mayor and Board of Aldermen, promote the public health, safety, morals, or general welfare of the City and would not adversely affect adjacent properties. A permit (building permit or change of use permit) granted by the Mayor and Board of Aldermen for the initiation of a conditional use (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. 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” and Townhouse.” Conforming Use: Any lawful use of a building or lot which complies with the provisions of this Zoning Ordinance. 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 small store (15,000 s.f. gross floor area or less) which deals in grocery items of a convenience nature which includes the sale of fuel and may include car wash facilities. Convenience Grocery Store: A small store (15,000 s.f. gross floor area or less) that stocks a range of everyday items such as groceries, medicine, pharmaceuticals, toiletries, alcoholic and soft drinks, tobacco products, and/or household items. A Convenience Grocery Store does not include the sale of fuel nor carwash facilities. 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 provision of Section 402 of this Ordinance. Coverage: That part of a lot covered by buildings. Criteria or Criterion: See Evaluation Criteria.

D 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: This term shall include the 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, power generation facilities and 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. 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 Zoning 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. 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 constructed in phases. Development Standards: Measures that represent a minimum or maximum objective imposition of a particular regulation. Standards are the measurements that every structure must meet relating to its size, shape, placement on the lot, etc. Dimensional Variance: See “Variance.” Director of Community Development: The official (or officials) charged by the Mayor and Board of Aldermen with the administration and enforcement of this Zoning Ordinance, or his duly authorized representative. District: Any section or sections of Ridgeland 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 streambed and banks that conduct and confine the normal continuous and intermittent flow of water.

Driveway: A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure. Drive-In Restaurant: See “Restaurant, Drive-In”: Dwelling: Any building, or portion thereof, exclusive of mobile homes, manufactured housing, transient or travel trailers, or portable buildings as defined herein, that is designed and used for human habitation. Dwelling, Single-Family: A detached residential building designed for occupancy by one family. Dwelling, Two-Family (Duplex): A detached residential building designed to be occupied by two families living independently of each other. Dwelling, Multi-Family: Any residential building or portion thereof which is occupied by three or more families living independently of each other. The term “multi-family dwelling” shall be understood to include apartment houses or “complexes”, condominiums, and all other dwellings of similar character. Dwelling, Patio (House or Home): A detached single-family dwelling unit that may be constructed nearer the lot line on ONE SIDE (but not directly on either lot line) of a lot than the other side. Dwelling, Townhouse: A single-family dwelling constructed on a fee ownership lot in a series or group of attached units with property lines separating each unit. Dwelling Unit: One or more rooms including a kitchen designed as a unit for occupancy by one family for the purpose of cooking, living and sleeping. Dwelling Unit, Rental, Lease or Lease-Purchase: A Dwelling Unit that is (1) rented, leased, or occupied by a non-fee owner pursuant to any lease or rental agreement, or (2) rented, leased or occupied by any non-fee owner pursuant to any lease-purchase, any contract for sale, any contract for deed, or any other instrument purporting to transfer ownership of property where the transfer of title is delayed. Any occupancy of such Dwelling Unit must be for a period of greater than thirty days. A license is required for the rental of any Dwelling Unit for a period of less than three months. Dwelling Unit, Secondary: An attached or detached dwelling unit created on a lot with a principle dwelling unit. The secondary dwelling unit is created auxiliary to, and is smaller than, the main dwelling. Secondary dwelling units can be created in a variety of ways, including conversion of a portion of an existing house, addition to an existing house, conversion of an existing garage or the construction of an entirely new building. Secondary dwelling units shall be subject to the provisions of Section 31.06 of this ordinance. 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 the lot line on one side; otherwise, it shall be considered a patio home.

E Easement: A grant by the property owner to a public body, a corporation or persons for the use of a strip of land for specific purposes. Electronic Smoking Device: An electronic or battery-operated device that delivers vapor for inhalation. The term includes every variation and type of such devices including electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, electronic hookahs or any other similar product. Electronic Smoking Device Retailer: A commercial establishment selling Electronic Smoking Devices or related products (such as liquids, flavorings, and accessories for Electronic Smoking Devices) and where the sale and/or display of said devices and related products accounts for more than 30% of gross sales area, or 500 square feet of retail space or greater, or 30% of gross sales receipts. 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. Evaluation Criteria or Criteria: The factors by which requests for any zoning permit are judged. They are qualitative, whereas development standards are quantitative. If a criterion becomes so specific as to be measurable, it has become a standard.

F 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) All governmental buildings (including municipal buildings and buildings erected by County, State or Federal governments), the land upon which buildings are located, and major governmental facilities, such as water pumping stations, sewage treatment plants, sanitary landfills and the like. Public parks are excluded from this definition of public/quasi-public facilities and utilities and shall be zoned as “Special Use (S-1)” districts, regardless of size, and regulated under the provisions of Article XXII. (c) All hospitals, whether public or private subject to Special Use Site Plan Standards in Section 600.14.F. (d) Convalescent homes or nursing homes, excluding “Retirement Villages” which shall be zoned as “Special Use (S-1)” districts only subject to Special Use Site Plan Standards in Section 600.14.F. (e) Civic organization buildings and major facilities. (f) Buildings and facilities erected by charitable organizations (e.g., American Red Cross, Salvation Army, etc.). 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. (g) Country clubs and other major recreational facilities constructed by private groups. (h) ALL cemeteries, regardless of ownership subject to Special Use Site Plan Standards in Section 600.14.F. (i) Major facilities associated with privately-owned utilities (electrical, natural gas, telephone) including but not limited to electrical substations, telephone communications centers, natural gas pumping facilities, and similar significant uses. (j) Cellular or wireless data towers. The following standards must be met in addition to the conditional use standards described in Section 600.09.D of this ordinance: 1. The applicant shall show that co-location at other existing tower sites and other structures/appurtenances is insufficient to meet the demands of the described area.

2. The applicant shall show that maximum effort will be made to allow future co-location with other wireless carriers. 3. The applicant shall show that the proposed location is necessary to meet existing and reasonably foreseeable future cellular and/or wireless data demands. 4. The applicant shall minimize the negative impacts to adjacent properties. (k) Small scale primary-secondary schools typically requiring less than 20 acres, including private, public or parochial schools; excluding daycare facilities, trade or vocational schools and institutions of higher learning. 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. 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. Frontage: Property on one side of a street measured along the line of the street, or in the case of a corner 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.” G 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 vehicles. 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. Garage, Parking: See “Parking Garage.” Gasoline Service Station or “Gas Station”: See “Automotive, Service Station.”

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 (20-25 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.” Grocery Store: A retail establishment (15,000 square feet of gross floor area or greater) that primarily sells a comprehensive range of everyday items, including fresh produce, groceries, meats, dairy products, frozen foods, medicine and pharmaceuticals, toiletries, alcoholic beverages, non- alcoholic beverages, tobacco products, household supplies, and similar items. This definition explicitly excludes "Convenience Grocery Store" and "Specialty/Boutique Grocery Store" as defined by this ordinance. Grocery Store, Convenience: A retail establishment (not exceeding 15,000 square feet of gross floor area) primarily designed to offer convenient, quick-service shopping with an affordable selection of groceries, prepackaged foods, snacks, medicine, toiletries, and other household essentials (cleaning supplies, paper products, personal care items, etc.). This definition specifically excludes facilities providing fuel sales or carwash services. Grocery Store, Specialty/Boutique: A retail establishment (not exceeding 15,000 square feet of gross floor area) primarily offering specialty food products, gourmet groceries, fresh produce, and grocery items. Such establishments may include ancillary uses such as delicatessens, bakeries, cafes, or similar small-scale prepared food services. Specialty/Boutique Grocery Stores may offer limited selections of general household items, toiletries, and similar products. Grade or Grade Level: The finished elevation of land after completion of site preparations for construction. H 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 and other activities and facilities. Home Occupation: Any activity carried out for gain by a resident conducted as an accessory use in the resident’s dwelling unit or an accessory building. A building permit (if construction is necessary in connection with the proposed home occupation) or a certificate of occupancy (if no construction is necessary) must be obtained from the Building Official prior to the initiation of a home occupation. The criteria for issuance of a permit for a home occupation are listed under Section 35 of this Ordinance. Home Occupation activities within a residential district are not considered commercial uses when limited and permitted as described in Section 35. 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. Hotel or Motel: A building or buildings where lodging, food, and various personal services are provided for more than twelve persons, who are usually but not always transients, for compensation. I Industry, Heavy: Those industrial uses that are not fully enclosed and/or that generate substantial amounts of noise, vibration, odors, or possess other objectionable characteristics. 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 that do not generate objectionable odors, smoke, fumes, vibration, or excessive noise. Industry, “Wet-Type”: Those heavy industrial uses that require large amounts of water for operation or processing or that discharge large amounts of water, by-products or industrial or process wastewater. Internal Building Space: The required minimum space between principal or accessory buildings on the same lot. J Junk Yards: A place where discarded 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 or 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. K Kennel: A facility, other than a residence, where more than four dogs, cats, or other kinds of animals, 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.

L Landfill: "Landfill" means a controlled area of land upon which solid wastes are deposited, compacted, and covered with no on-site burning of wastes, and which is so located, contoured, drained and operated so that it will not cause an adverse effect on public health or the environment. This term includes Municipal Solid Waste Landfill Unit (MSWLF) units and other landfills, but not sites which receive only rubbish, as defined, permitted and regulated by the Mississippi Department of Environmental Quality. Landscaping: The addition of lawns, trees, plants, and other natural or decorative features to land. Landscape treatment can include walks or patios. Land Use Plan: Also called “Future 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; and public/quasi-public uses; and any other information needed to adequately define the meaning of such land use codes. 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.” Liquor Store: A store exclusively for the retail sale of sealed and unopened alcoholic beverages or “package retailer” as permitted by the Department of Revenue and defined in Title 35, Part II of the Mississippi Administrative Code. Liquor Store, Ancillary: A Liquor Store owned and operated by an attached grocery store (excluding convenience grocery stores) and shall serve as a complimentary or secondary use to the primary retail sales of the grocery store. Liquor Store, Independent: An independently owned and operated Liquor Store, excluding those defined as Ancillary Liquor Stores in this ordinance. Lodging House: See “Rooming House” Lot: A parcel of land of 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 the Zoning Ordinance of the City of Ridgeland, Mississippi. Such lot shall have frontage on an improved public (dedicated) street or on a private drive or parking lot specifically approved by the Mayor and Board of Aldermen through the subdivision plat review process prescribed herein or through the site plan review process required by the Zoning Ordinance for multifamily dwellings and other developments. Lot Area: The total area of a lot included within boundary lines of a lot.

Lot, Corner: A lot abutting upon two or more streets at their intersection. Lot Coverage, Maximum: The maximum percentage of the lot area covered by the perpendicular vertical projection of the building area onto a horizontal plane. The term “Lot Coverage, Maximum” means the same as “Maximum Lot Coverage”. 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 Lines, 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 that the building faces, 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 Madison 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. “Building width” shall be the width of lot left to be built upon after the required yards are provided. M Manufactured Home: A structure defined by and constructed in accordance with the National Manufactured Housing and Construction and Safety Standards Act of 1974, as amended, 424.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 that meets all the requirements of this code and with respect to which the manufacturer voluntarily files a certification required by the secretary

and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Uniform Standards Code for Factory Built Homes Law, State of Mississippi. A mobile home is not a manufactured home except as hereinafter provided. Notwithstanding the definition of a manufactured home herein above, for the purposes of this Ordinance, all manufactured homes shall be placed on an approved foundation as defined in this Ordinance. A mobile home is not a manufactured home. Manufactured Home Foundation: The site built supporting 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 shelve 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 or more lots, plots, or other division of land for the purpose, whether immediate or future, of the placement of manufactured housing for dwelling purposes. Manufactured Housing Land-Lease Community: A parcel of land under single or multiple ownership, but single management, that has been planned and 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 wherein manufactured houses and sites are lease or rented. These are commonly called mobile home parks or trailer parks. 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. Mixed-Use Development: For purposes of this Article, horizontal mixed use means two or more different types of uses are placed next to each other, planned as a unit, and connected together with pedestrian and vehicular access. For instance, a planned subdivision containing single-family dwellings, retail development, and an office complex. For purposes of this Article, vertical mixed use means two or more different uses occupying the same building usually on different floors. For instance, retail on the ground floor and office and/or residential uses on other floor(s). Medical Clinic: A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services are generally available without a prior appointment. Medical Office: A facility other than a hospital where medical, dental, mental health, and/or other personal healthcare services are provided on an outpatient basis and primarily require prior

appointments. Includes offices and related outpatient facilities for chiropractors, dentists, medical doctors, optometrists, prescription opticians, psychologists, etc. This definition explicitly excludes medical clinics (walk-in clinics, emergency clinics, etc.). Mobile Home: A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Mobile homes shall be considered structures for the purpose of this Ordinance. “Transient trailers” (travel trailers), as defined herein, shall not be considered mobile homes, and they are deemed vehicles but not dwellings or structures. FOLLOWING ENACTMENT OF THIS ORDINANCE, NO MOBILE HOME SHALL BE LOCATED IN THE CITY OF RIDGELAND UNLESS IT IS LOCATED IN A MOBILE HOME PARK (R-M) DISTRICT. 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 basis 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. Mobile Home 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: Factory-built housing certified as meeting the local building codes. A modular home is not considered a manufactured home. Mortuary: See “Funeral Home.” Motel: See “Hotel.” Multi-Family Dwelling: See “Dwelling, Multi-family.” N Nightclub: A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing is permitted. This includes the term “cabaret.” Nonconformity: Any land, lot, building, structure, occupancy, use, or parts thereof existing prior to the enactment of this Ordinance, which subsequent to the enactment of this Ordinance or amendment thereto, does not conform with this ordinance. (See Section 40.02 of this Ordinance for definitions of the various types of nonconformities, including (1) Nonconforming Lot of Record; (2) Nonconforming Structure; (3) Nonconforming Use; and (4) Nonconforming Occupancy.)

Nursery, Child Care: See “Child Care Facility.” Nursery, Horticultural: Commercial uses in which flowers and plants are stored or cultivated for retail sale, and related products also are offered for retail sale. Nursing Homes: See “Convalescent Home.” O 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 mobile home park or a Planned Unit Development). 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. Office Warehouse: A facility which has the combined uses of office and showroom or warehouse for the primary purpose of wholesale or retail trade, display, and distribution of products. P Park (Public): A tract of land, designated and used by the public for active and passive recreation. Parks are zoned as “Special Use (S-1)” under the regulations of Section 300, and are not considered “Public/Quasi-Public Facilities” subject to Section 33 of this Ordinance. Parking Deck: An accessory structure that is attached to a building, which may or may not be enclosed, which shall be utilized for the parking or storage of motor-driven vehicles. Parking Garage: An accessory structure, which may or may not be enclosed, which shall be utilized exclusively for the parking or storage of motor-driven vehicles. 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 exclusive of the necessary maneuvering space providing access to each parking space, unless otherwise approved as part of the site plan review process specified under Section 600.11.

Patio House or Patio Home: See “Dwelling, Patio.” Planned Unit Development (PUD): A land tract in which a multiplicity of land uses may be permitted including single-family residential, multi-family residential, public uses, and compatible commercial uses and in which land not used by residential or commercial structures and yards but required by basic zoning of the site shall be reserved collectively in contiguous units accessible to all the building sites in the development as open space for the purpose of providing recreational facilities and pedestrian circulation. Planned Unit Residential Development (PURD): 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. Public/quasi-public facilities or utilities may only be permitted in a Planned Unit Residential Development if a Development Plan is submitted and appropriate rezoning (or a Conditional Use for public/quasi-public uses) is approved by the Mayor and Board of Aldermen. 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 the Subdivision Regulations of the City of Ridgeland, Mississippi. Two types of plats are required by the Subdivision Regulations: (a) Preliminary Plat: A detailed plat of a proposed subdivision which, together with the required construction plans, forms the basis upon which construction of improvements will proceed; no construction shall be initiated until both the preliminary plat and construction plans have been approved in accordance with the Subdivision Regulations. (b) Final Plat: A plat submitted by the sub-divider following completion of construction of all required improvements or all improvements except the final wearing surfaces of streets (in which case the final plat must be accompanied by a performance bond); following approval of the final plat by the Mayor and Board of Aldermen, the sub-divider is responsible for having the plat recorded in the Office of the Chancery Clerk of Madison County, Mississippi. See “site plan.” Portable Building: See “Building, Portable.” Principal Structure or Use: The main building(s) or dominant use(s) of a lot. Property Line: The legal boundary line separating buildings or tracts in different ownership. Provisions: In an organization outline, include code content that does create on-the-ground imposition on developers.

Public/Quasi-Public Facilities and Utilities: See “Facilities and Utilities, Public/Quasi- Public.” Q R Recreational Vehicle (RV): See “Transient Trailer” or “Travel Trailer.” Regulations: Specific requirements or obligations imposed on applicants, owners, developers, occupants, residents, or others. Rest Home: See “Convalescent Home.” Resort Area: According to Section 67-1-5 of the Mississippi Code 1972, annotated, and the Mississippi Department of Revenue, it “means any area or locality outside of the limits of incorporated municipalities in this state commonly known and accepted as a place which 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 establishment where food and beverages are prepared, served, and consumed primarily within the principal building, but not including “drive-in restaurants” as defined herein; “restaurants” may offer some “carry-out” services where food and beverages are consumed off the premises. Restaurant, Drive-In: A commercial establishment where food and beverages are prepared and where all or a significant portion of the consumption takes place outside of the building, often in a motor vehicle on the site. Restaurant, Fast Casual: A type of restaurant that does not offer full table service, but promises a higher quality of food and atmosphere that a fast food restaurant. This business type may or may not include a drive-thru window. Restaurant, Fast Food: A commercial establishment whose principal business is the sale of pre- prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises. This business type may or may not include a drive-thru window. Restricted Uses: A category of uses that includes pawn shops, tattoo parlors, self-service or coin operated laundromats, title loan establishments, check-cashing establishments, businesses purchasing gold or other precious metals as a primary business, businesses selling marijuana as a primary use or secondary use (excluding medical marihuana/CBD oil as defined in MS § 41-29-113), Electronic

Smoking Devise Retailers, nail salons as a primary business, bail bondsmen, tobacco and beer retailer, tobacco retailer, blood and/or plasma donation center, or any combination thereof. 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. 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 driveway. 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 to three or more persons. In no event shall the occupancy of a rooming house be permitted to exceed twelve boarders. A building which has accommodations for, or is accommodating more than twelve persons shall be defined as a “Hotel” or “Motel” under the terms of this Ordinance. See also “Boarding House.” S School, Institution of Higher Learning: An accredited institution of higher education providing undergraduate, graduate, or professional degrees and programs, including bachelor’s, master’s, doctoral, or professional certificates (colleges / universities). Facilities typically include lecture halls, research facilities, administrative offices, student housing, recreational and athletic facilities, performing arts venues, libraries, student centers, and other campus-related accessory structures. School, Trade/Vocational: A specialized institution primarily providing practical instruction and training in specific trades, technical skills, or vocations. Facilities may include workshops, laboratories, classrooms, offices, and accessory spaces directly related to instructional programs, such as automotive repair, cosmetology, welding, healthcare training, culinary arts, technology certifications, or similar skilled trades. School, Primary-Secondary: Unless otherwise defined, the term “school” as used in this ordinance shall include public, private, charter and parochial academic institutions, offering academic instruction compliant with state education standards (i.e., K-12). Facilities may include classrooms, libraries, administrative offices, cafeterias, gymnasiums, playgrounds, athletic fields, and related accessory structures typically associated with primary and secondary education. Self-Storage Facility: A storage facility which is not heated and cooled and entrance to the individual spaces is accessible by exterior doors.

Server Facility: A facility, or portion of a facility, used primarily for the housing and operation of computer servers, data storage equipment, network hardware, wiring, and related components used for the storage, transfer, backup, recovery, processing, or transmission of digital data. A Server Facility is typically located within an existing building or as part of another principal use and does not ordinarily include the scale or extent of Data Center Related Facilities customarily associated with a Data Center. Setback: The area between the front property line, rear property line, side property line, or street right-of-way line and the building setback line. Setback Line or Building Setback Line: That 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. Shopping Center: A group of 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 which the unit serves. 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 Director of Community Development or his designee; 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: See Sign Ordinance of the City of Ridgeland. 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 Section 600.11 of this Ordinance. 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. Specialty Vehicle: A motor vehicle manufactured by a second stage manufacturer by purchasing motor vehicle components, e.g. frame and drive train, and completing the manufacturer of finished motor vehicles for the purpose of resale with the primary manufacturer warranty unimpaired, to a limited commercial market rather than the consuming public. Specialty vehicles include garbage trucks, ambulances, fire trucks, buses, limousines, hearses, wreckers, landscape specialty trucks, box trucks, and other similar limited purpose vehicles. Specifications: Exact measures required for the sizing or quantification of the engineering and design of something that is to be constructed – as a street, or to be installed – as plant materials, or

to be submitted as part of an application – as the layout and appearance of sheets of drawings, plans and plats. 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. Storage Facility: A facility which is rented, leased, or sold for the purpose of off premises storage of goods, furniture, machinery, records, household items, including, but not limited to, clothing,

appliances, utensils, carpets, rugs, or any other item whatsoever. This type of facility includes those uses commonly referred to as mini-storage, mini-warehouse, self-storage facility, or climate control storage facility. It shall not include general warehouses. 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 right-of-way that 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 Madison County Chancery Clerk. Each street within the City of Ridgeland is classified in an adopted Thoroughfares Plan. The five functional classifications of streets and highways are: (a) Interstate Highways: The National System of Interstate and Defense Highways (Federal-Aid Interstate System), consisting of highways which are of highest importance to the nation connecting, as direct as practical, the principal metropolitan areas and cities. These routes are fully controlled access and are four or more lanes divided; they are limited to those designated by the Mississippi State Highway Department in conjunction with the Federal Highway Administration. (b) Principal Arterial (or “Primary Arterial”) Street or Highway: A street or high- way intended to move traffic as efficiently and expeditiously as possible between major centers of activity not only within the City of Ridgeland but the surrounding urban area; the function of providing service to abutting land uses is subordinate to the provision of travel service to major traffic movements. These streets and highways are the highest traffic volume corridors and serve the longest trip desires. (c) Minor Arterial (or “Secondary Arterial”) Street: A street which interconnects with and augments the principal arterial street and highway system. The minor arterial street system contains facilities that place more emphasis on land access than principal arterial streets and highways and provides a lower level of traffic mobility. These arterial streets primarily serve intra-City travel desires rather than connecting the City with the surrounding urban area. (d) Collector Street: A street intended to provide both land access and traffic circulation within residential neighborhoods, commercial and industrial areas. A collector street collects traffic from local streets and channels it to principal and minor arterial streets and highways. (e) Local Streets: A street intended to provide access to abutting land and access to collector streets and arterial streets and highways. A local street provides the lowest level of mobility and service to through traffic movement is usually deliberately discouraged.

Street Right-of-Way Line: The legal property boundary delineating the street right-of-way and the abutting property. Strip Center 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, mobile 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.” 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 (2) or more lots for the immediate or future purpose of sale or building development by means of an appropriately recorded legal document. Subdivision Regulations: The adopted Subdivision Regulations of the City of Ridgeland, Mississippi. T 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 appurtenant 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. Thoroughfares Plan: A component of the Generalized Future Land Use and Transportation Plan, which is one of the elements of a Comprehensive Plan, usually developed concurrently with another element, the Land Use Plan. Through Lot: See “Lot, Double Frontage.” Tobacco and Beer Retailer: A commercial establishment typically less than 10,000 square feet of gross sales area which may or may not declare itself through name or advertising to be oriented specifically to the selling of tobacco and beer and/or light wine and where the sale and/or display of tobacco and beer and/or light wine accounts for 75% of gross sales area and/or gross sales receipts. Tobacco Shop or Tobacco Retailer: A commercial establishment typically less than 10,000 square feet of gross sales area which may or may not declare itself through name or advertising to be

oriented specifically to the selling of tobacco or tobacco related products and where the sale and/or display of tobacco or tobacco related products accounts for 75% of gross sales area and/or gross sales receipts. 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 mobile homes. See “Mobile Home.” Transient Trailer (Travel Trailer): A portable or mobile living unit used for temporary human occupancy away from the place of 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 trailer,” 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. Section 17-1-1 (c)(ii) of the Mississippi Code of 1972, Annotated, as amended, defines the term as follows: “a transportation plan depicting in map form the proposed functional classifications of all existing and proposed functional classifications of all existing and proposed streets, roads, and highways for the area encompassed by the land use plan and for the same time period as that covered by the land use plan. Functional classifications shall consist of arterial, collector, and local streets, roads, and highways, and these classifications shall be defined on the plan as to minimum right-of-way and surface width requirements; these requirements shall be based upon traffic projections. All other forms of transportation shall be addressed as appropriate. The transportation plan shall be a basis for a capital improvements program.” Trip Generation: The total number of trip ends (i.e., trips entering or leaving a land use or site) produced by a land user activity. The most comprehensive data on trip generation is entitled Trip Generation prepared by the Institute of Transportation Engineers. 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.

U 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 Structure.” Utility: See “Facilities and Utilities, Public/Quasi-Public.” V 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 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. Veterinary Hospital: See “Hospital, Veterinary.” W X Y 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. However, fences and walls may be permitted in such required yards subject to the height restrictions and other regulations of this Ordinance. In measuring a lot for the purpose of determining the minimum depth of a front yard, or the minimum width of the rear yard, the shortest horizontal distance between the lot line and the nearest exterior limits of the main building 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 exterior limits 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 exterior limits of the main building. The rear yard shall be measured from the farthest point of the rear property line and shall not be measured less than the side yard setback line. 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 exterior limits of the main building. Z Zero Lot Line: The location of a building on a lot in such a manner that one or more of the building’s sides rests directly on a lot line. Zero Lot Line Dwelling: See “Dwelling, Zero Lot Line.” Zoning District: See “District.”