of raw materials, machinery, and labor and often employing assembly line techniques.
(a) Manufactured Home (See Dwelling, Manufactured Home)
(b) Small Craft Brewery: A small scale brewery that primarily produces beer for
wholesale distribution. This use may also have a tap room, restaurant, live
entertainment, or retail space for on-site consumption subject to the MS laws and
regulations for beer and light wines.
(c) Distillery: A licensed manufacturing establishment which produces distilled
spirits. This use may offer tastings, may provide on-site sale and consumption of the
products, and may serve food. This use type is subject to other regulations in relevant state
statutes.
(d) Medical Cannabis Cultivation Facility: A business entity licensed and
registered by the Mississippi Department of Health that acquires, grows, cultivates
and harvests medical cannabis in an indoor, enclosed, locked and secure area.
(e) Medical Cannabis Dispensary: An entity licensed and registered with the
MDOR that acquires, possesses, stores, transfers, sells, supplies or dispenses medical
cannabis, equipment used for medical cannabis, or related supplies and educational
materials to cardholders.
(f) Cannabis Disposal Entity: A business licensed and registered by the
Mississippi Department of Health that is involved in the commercial disposal or
destruction of medical cannabis in an indoor, enclosed, locked and secure area. These
entities may also be known as “waste disposal entities.
(g) Cannabis Research Facility: A research facility at any university or college
in this state or an independent entity licensed and registered by the Mississippi
Department of Health pursuant to the MS Medical Cannabis Act that acquires cannabis
from cannabis cultivation facilities and cannabis processing facilities in order to
research cannabis, develop best practices for specific medical conditions, develop
medicines and provide commercial access for medical use.
(h) Cannabis Testing Facility: An independent entity licensed and registered
by the Mississippi Department of Health that analyzes the safety and potency of
cannabis
202.100 Mini-Warehouse: A building or group of buildings in a controlled access and
fenced compound that contains varying sizes of individual, compartmentalized, and
controlled access stalls or lockers for the dead storage of personal property.
202.101 Mobile Home Park: A parcel of land that has been planned and improved for
the rent or lease of sites for the placement of mobile homes for dwelling purposes.
202.102 Mobile Home Subdivision: A parcel of land in which spaces or lots for mobile
homes are for sale and in which the purchaser receives fee simple title to the space or
lot.
202.103 Mobile Home (See Dwelling, Mobile/Manufactured Home):
202.103(a) Modular Home (See Dwelling, Modular Home)
202.104 Mixed-Use Building: a single structure containing more than one type of land
use such as, but not limited to, residential, office, manufacturing, retail, public, or
entertainment.
202.104 (a) Monopole Tower: A telecommunications tower of a single pole design of
a single, self-supporting hollow metal tube securely anchored to a foundation.
202.104 (b) Motel: A building or group of detached or connected buildings designed or
used primarily for providing sleeping accommodations for automobile travelers and
having parking spaces adjacent to sleeping rooms (bedrooms). An automobile court or
a tourist court with more than one unit or a motor lodge shall be deemed a motel.
202.105 Neighborhood Shopping Center: A commercial center developed as a unit,
providing for the sale of goods and personal services for the needs of the immediate
neighborhood, and related in its location, size, and type of stores to the area which the
unit serves.
202.106 Nightclub (See Also Bar): A bar or similar establishment where a dance floor
or live entertainment is provided.
202.107 Non-Conforming Building: A building or structure lawfully existing at the time
of the adoption, revision, or amendment of this Ordinance which, by reason of such
adoption, revision, or amendment, does not conform to the regulations of the zoning
district in which it is located.
202.108 Non-Conforming Lot: A lot lawfully existing at the time of the adoption,
revision, or amendment of this Ordinance, which fails by reason of such adoption,
revision, or amendment to conform to the regulation of the zoning district in which it
is located.
202.109 Non-Conforming Use: A use of land lawfully existing at the time of the
adoption, revision, or amendment of this Ordinance, which by reason of such adoption,
revision, or amendment, does not comply with the regulations for its zoning district.
202.109(a) Office: A room or group of rooms used for conducting the affairs of
business, profession, or service, provided that the business, profession or service is not
similar to a separately listed use within this, based on a determination of the Zoning
Administrator.
202.110 Open Space: A public or private area that is intended to provide light and air,
and is designed for environmental, scenic, contemplative, or recreational purposes. Open
space may include, but is not limited to, lawns, decorative planting, walkways, active
and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas,
cemeteries, and water courses. Open space shall not be deemed to include driveways,
parking lots, or other surfaces designed or intended for vehicular travel.
202.111 Open Space, Common: A parcel or parcels of land not occupied by dwellings
or other buildings, which is permanently maintained in a suitable state for the shared use
and enjoyment by the owners and/or occupants of individual dwelling units within a
particular development.
202.112 Outdoor Storage: A depository or place for storing goods related to the
establishment on the same premises and not located within a building.
202.113 Overlay Zone: An overlay zone is a mapped zone that imposes a set of
requirements in addition to those of the underlying zoning district. In an area where
an overlay zone is established, the property is placed simultaneously in the two zones,
and the land may be developed only under conditions and requirements of both zones.
In the instance of conflicting regulations, the most restrictive shall apply.
202.114 Owner: An "owner" is an individual who owns a bona fide 25 % or more interest
in a dwelling or 25% or more equity interest in a corporation, partnership, or other legal
entity owning such dwelling.
202.115 Owner-Occupied: A dwelling is "owner-occupied" when it is the primary
residence of the owner or the owner's assignee or designee.
202.116 Parcel: A continuous quantity of land in the possession of or owned by, or
recorded as the property of, the same person or persons.
202.117 Park: Any developed public land or area open to the general public and reserved
for recreational purposes.
202.117(A) Park, Pocket: A relatively small open space area located within a
developed neighborhood, managed and maintained by a non-profit, a neighborhood
association or a public entity but accessible to the general public. Pocket parks are
usually located on a lot that fronts a public street that is the typical size of residential
uses that surround it. They are used to incorporate green space within the fabric of a
neighborhood rather than recreational uses.
202.118 Parking, Off-Street: A parking place not located on a public street.
202.119 Parking Lot, Public: A lot or structure designed and primarily used for the
parking and storage of automotive vehicles, operated as a business enterprise, with a
service charge or fee being paid to the owner or operator for the parking or storage of
privately owned vehicles.
202.120 Parking, shared: The development and use of parking areas on two or more
separate properties for joint use by the business on those properties.
202.121 Parking Space: An area within or outside of a building, which must meet City
and Federal standards, for the purpose of automobile or other vehicle storage including
bicycle parking.
202.122 Party Wall: A wall used jointly by two parties, erected upon a line separating
two parcels of land, each of which is a separate real estate entity.
202.123 Patio Home (See Dwelling Zero Lot Line):
202.124 Pawnshop: An establishment engaged in the business of lending money on the
security of tangible personal property where such property is deposited with the lender;
or engaged in the business of purchasing tangible personal property on condition that it
may be redeemed or repurchased by the seller for a fixed price within a fixed period
of time.
202.125 Personal Care Facility: A facility of four (4) or more persons, who need not
be related by blood or marriage, which is licensed by the state to give personal care to
ambulant residents who are not in need of convalescent nursing care or
institutionalization but who, because of advanced age, physical, or mental infirmities, are
in need of assistance with their activities of daily living.
202.125(a) Personal and Commercial Service: a business that engages in the provision of
services directly to the consumer at the site of the business or which receives
from/returns to the customer goods that have been treated or processed at another location.
This use shall include, but shall not be limited to, barber shops, beauty parlors, currency
exchanges, domestic pet grooming, financial institutions, interior design studios, laundry
and dry cleaning establishments (plant off-premises), martial arts or dance studios,
medical cannabis dispensary ,commercial package or mailing services (distribution off-
site), photography processing, self-service laundries, shoe repair shops, tanning or
toning salons, tailoring shops, travel agencies and massage therapists. Any similar service
is allowed unless a determination is made by the Zoning Administrator that the use is
similar to a separately listed use within this.
202.126 Planned Unit Development (PUD): A development of land that is under unified
control and is planned and developed as a whole in a single development operation or
programmed series of development stages. The development may include streets,
circulation ways, utilities, buildings, open spaces, and other site features and
improvements.
202.127 Planning Department: The City's Department of Planning and Development
which provides staff to the Jackson City Planning Board.
202.128 Planning Director: The administrator of the Office of City Planning, within the
City's Department of Planning and Development, and the chief technical advisor to the
City Planning Board.
202.129 _ Planning Office: The office within the City's Department of Planning and
Development which serves as the staff of the Jackson City Planning Board.
202.130 Playground: Any developed area which is used for and has facilities for
recreation, primarily for use by children. For purposes of this Ordinance, the term
"playground" shall apply to the principal use of land and not an accessory use.
202.130(a) Pop-up Retail: A pop-up shop is the term given to a shop or store that is
deliberately temporary. It’s a store that “pops-up” for a limited period of time to achieve
a particular goal.
202.130(b) Portable Storage Containers (POD): A box-like container transported by
truck to a desired location for drop off. The container is moved from the bed of the
delivery truck to the ground and back using a hydraulic metal framework or similar
device as defined in Section 83-1 of the City Jackson Code of Ordnances. The Portable
storage container may be utilized for a period not to exceed thirty days. On day thirty-
one (31), the property owner shall be responsible for obtaining a valid permit from the
City of Jackson Building Permit Division. Said permit shall expire on day 60 from
original delivery date. Further, under no circumstances shall the POD remain on the
premises for more than 60 days in a calendar year unless a valid building permit has
been obtained prior to the expiration date of the POD permit. (s 83-2 & 83-5 of the
Jackson, MS Code of Ordnances)
202.131 Primary Residence: The residence of an "owner" who spends a majority of nights
at such dwelling.
202.132 Principal Building: A single structure or, where the context so indicates, a group
of structures in which is conducted the principal use of the lot on which such structure
is located.
202.133 Principal Use (Activity): The primary use and chief purpose of a lot or structure,
or the major activity occurring within such a structure.
202.133(a) Produce Stand: A site used for the retail sale of fresh agricultural products,
grown either on or off site, but may include as an accessory to the principle use, the sale of
factory sealed or prepackaged food products This definition does not include the sale of
animals or used products similar to a flea market or transient vendors.
202.134 Professional Occupation: A recognized occupation requiring specialized
knowledge and often long and intensive academic preparation, such as physicians, dentists,
engineers, architects, planners, artists, attorneys, ministers, and similar professions.
202.135 Public Utility Facilities: Electric substations, distribution facilities, pumps, lift
stations, power generating plants, telephone exchanges, sewage treatment plants, wells,
storage tanks and related installations which are necessary to the provision of utility
service.
202.136 Rear Yard (See Yard, Rear):
202.137 Recreational Vehicle (RV): See "Transient Trailer" or "Travel Trailer"
202.137 (a): Recreational Vehicle Park: Any development, site, parcel or tract of land
designed, maintained or intended to be used for the purpose of providing short-term
accommodation for a period of no more than sixty (60) days during any one hundred
twenty (120) day period for the placement of two or more recreational vehicles and shall
include all buildings used or maintained for use of the occupants in the recreational
vehicle park.
202.138 Recycling Center: A facility that is not a junkyard and in which recoverable
resources, such as newspapers, plastic, glassware, and metal cans are collected, stored,
flattened, crushed, or bundled, essentially by hand. The term "recycling" as used herein
shall not include the speculative accumulation of materials in anticipation of recycling
opportunities and shall not include the recovery of materials unless the materials
recovered have a commercial value.
202.139 Recycling Collection Point: An incidental use that serves as a neighborhood
drop-off point for temporary storage of recoverable resources. No processing of such
items is allowed. This facility generally is located in a shopping center parking lot or in
other public/quasi-public areas, such as at churches and schools.
202.140 Recycling Plant: A facility that is not a junkyard and in which recoverable
resources, such as newspapers, magazines, books, and other paper products; glass; metal
cans; and other products, are recycled, reprocessed, and treated to return such products to
a condition in which they may again be used.
202.141 Residential Care Facility: See Transitional Housing
202.141(a) Residential Community Facility: A facility located within a residentially
zoned district that will be used for a preplanned, single gathering event or series of
related activities to be held for a maximum period of five consecutive days for indoor
activities and two consecutive days for outdoor activities. The events(s) shall be for
community oriented, cultural, educational, recreational, religious or political purposes
that are sponsored by an individual or entity. The maximum number of attendees shall
be for the maximum indoor seating capacity of the facility or three hundred (300) for
outdoor activities. For residential properties that are less than three acres the types of
events shall be limited to weddings, receptions, recitals, art exhibits, book readings,
tasting and executive retreats and other activities approved by the Zoning Administrator.
202.142 Restaurant, Drive Thru: An establishment whose principle business is the sale
of foods, frozen desserts, or beverages in edible containers or in paper, plastic, or other
disposable containers for consumption either on or off the premises. The foods, frozen
desserts, or beverages may be served directly to the customer in the restaurant building
or in a motor vehicle either by a carhop or by other means which eliminate the need for
the customer to exit the motor vehicle.
202.142 (a): Restaurant, Fast-Food: An establishment whose principal business is the
sale of foods, frozen desserts, or beverages in edible containers or in paper, plastic, or
other disposable containers for consumption either on or off the premises. No drive-
through windows are permitted.
202.143 Restaurant, General: An establishment that is engaged in the preparation and
retail sale of food and beverages and includes the sale and on premises consumption of
alcoholic beverages and entertainment as accessory uses.
202.144 Restaurant, Neighborhood: An establishment engaged in the preparation and
retail sale of food and beverages, including alcoholic beverages. Customers are served
their foods, frozen desserts, or beverages by a restaurant employee at the same table or
counter at which said items; however, food may be prepared for carry-out sale to walk-
in customers. Typical uses include restaurants, delicatessens, donut and coffee shops, and
other establishments that sell food but do not provide entertainment in any form.
202.145 Restaurant, Overlay District: An establishment located in an adopted overlay
district, which is housed in an existing structure, engaged in the preparation and retail
sale of food and beverages, including sale of alcoholic beverages. Customers are served
their foods, beverages, and desserts by a restaurant employee at the same table or
counter at which said items are consumed; however, food may be prepared for carry-out
sale to walk-in customers. Drive through service is prohibited. Typical uses include
restaurants, delicatessens, donut and coffee shops, and other establishments that sell
food. Live entertainment, on a limited basis, may be performed solely within the
building; however, dance halls, discotheques, and pool halls are specifically
prohibited.
202.145(a) Retail Stand: An accessory use which offers merchandise, food, snacks,
beverages, or food preparation out of a structure no greater than 300 square feet. (Section
30-172 of the Jackson, MS Code of Ordinances). Regulations for retail stands are not
applicable to the purchase or sale of agricultural products (Section 30-173 of the Jackson
MS Code of Ordinances).
202.145(b) Retail Store: a business that engages in the sale of general merchandise to
the general public for direct use or consumption, but not including the sale to another
business for resale purposes. The sale of any consumer product is allowed in a retail store,
unless a determination is made by the Zoning Administrator that the use is similar to
a separately listed use within this Section.
202.146 Rooming House (See Boarding House): Meals may not be provided.
202.147 Satellite Dish Antenna: A device incorporating a reflective surface of any
configuration. Such device shall be used to transmit and/or receive radio or
electromagnetic waves between terrestrially and/or orbitally based transmitters. This
definition is meant to include but not be limited to what are commonly referred to as
satellite earth stations, TVROs (television reception only satellite dish antennas), and
satellite microwave antennas.
202.148 School: A facility, whether public or private, that provides a curriculum of
elementary,
secondary,
and
post-secondary
academic
instruction,
including
kindergartens, day care centers, elementary schools, junior high schools, high schools,
and accredited two and four-year degree granting institutions of higher learning. For
purposes of this Ordinance, the term "school" shall include accessory student athletic
facilities when located on the same or adjacent parcels. The term "school" shall not
include business, trade or vocational schools or beauty colleges.
202.148 (a) School – Non -Residential: A facility, whether public or private, that
provides a curriculum of post-secondary academic instruction, including, junior high
schools, high schools, and accredited two and four-year degree granting institutions of
higher learning. For purposes of this Ordinance, the term "school" shall include
accessory student athletic facilities when located on the same or adjacent parcels. The
term "school" shall not include business, trade or vocational schools or beauty colleges.
202.148 (b) School - Residential: A facility, whether public or private, that provides a
curriculum of post-secondary academic instruction, including, junior high schools, high
schools, and accredited two and four-year degree granting institutions of higher
learning. For purposes of this Ordinance, the term "school" shall include accessory
residential hall or facility for housing a social or service organization and student
athletic facilities when located on the same, adjacent parcels or other school owned
properties used for school related activities. The term "school" shall not include
business, trade or vocational schools or beauty colleges.
202.149 Screening: This term refers to landscaping and/or architectural barriers which
block vision.
202.150 Secondhand Store: An establishment primarily engaged in the sale or receipt
of used or previously owned tangible personal property, except motor vehicles, books,
rare coins and antiques.
202.151 Service Station (See Also Garage, Mechanical): Any building, structure, or
land used primarily for the dispensing, sale, or offering for sale at retail of any automotive
fuels, oils, accessories, or other sundry items normally sold at service stations for the
traveling public, but not including major repair work such as motor overhaul, body and
fender repairs, or spray painting.
202.152 Setback: The minimum horizontal distance between the lot or property line and
the nearest front, side or rear line of the building as measured to the outside face at the
enclosing wall or in structures lacking walls (as in the case of a carport) to the face of
the supporting columns and beams. Setback does not include roof overhangs, except that
they shall not encroach on more than fifty percent (50%) of the required setback.
202.152 (a) Sexually Oriented Business: An adult arcade, adult bookstore, adult
novelty store, adult video store, adult cabaret, adult motel and adult motion picture
theater and the surrounding premises on which the adult arcade, adult bookstore, (etc.)
are located.
202.153 Short-Term Rentals: Residential Units that are leased for thirty (30) or less
consecutive days. These units may include converted hotels, motels, bed and
breakfasts, hotels, single family units, or RV parks.
202.154 Side Yard (See Yard, Side):
202.155 Single Room Occupancy Hotel (SRO): An establishment occupied by more
than six (6) persons, where, for compensation, private furnished rooms are offered for
either long or short periods of time and where residents may share common kitchen
and/or bath facilities. A resident manager shall be required.
202.156 Site Plan: A plan prepared to scale showing accurately and with complete
dimensions, the boundaries of a site and the location of all buildings, structures, uses,
and principal site development features, including topography and infrastructure,
proposed for a specific parcel of land.
202.157 Site Plan Review Committee: That Committee appointed by the City Council,
which shall have the duty to review certain site plans, all as hereinafter provided for in
this Ordinance.
202.158 Slope (See Grade):
202.158 (a) Small Wireless Facility(ies): A facility, whether singular or plural,
including antenna and accessory equipment that meets the design standards established
by the City of Jackson ordinances. A small wireless facility may be attached to an
existing or new support structure where permitted.
202.158 (b) Solar Energy Production Facility: A privately owned and operated energy
generation facility that converts sunlight into electricity by multiple photovoltaic (PV)
solar panels mounted on the ground and considered as a primary land use.
202.159 Special Exception: A non-retail use which is not permitted in the Zoning
District where the property is located under the provisions of this Ordinance but which in
the specific case would, in the judgment of the Zoning Hearing Committee, Planning
Board, or City Council, promote the public health, safety, morals, or the general welfare
of the community and the granting of which would not adversely affect adjacent
properties. A permit granted as a Special Exception will not change the general zoning of
the property; will not permit off-street parking within the required front yard setback;
nor allow any change in integrity and appearance of the property or the existing structure
that would be contrary to the desired character of the district; and will be given on a
yearly basis only during the occupancy or ownership of the person to whom it was
granted, and upon their vacating the property or structure, the property and/or structure
shall revert to the original use.
202.159(a) Specialty Retail: Antique stores, Florists, Bookstores, Sporting Goods and
Bicycle Shops, Apparel and Accessory stores, Computer and Software Stores,
Stationery Stores, Hobby, Toy and Game Shops, Gift Shops, Luggage and Leather
Stores, Coffee Shops and Culinary Stores.
202.160 Specified Anatomical Areas: Less than completely and opaquely covered
human genitals, pubic region, buttocks, anus or the female breast below a point
immediately above the top of the areola; or human male genitals in a discernibly turgid
state even if completely and opaquely covered.
202.161 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 .
202.162 SRO (See Single Room Occupancy Hotel):
202.163 Stable, Private: An accessory building in which horses are kept for private
use and not for remuneration, hire, or sale.
202.164 Stable, Public: A principal building in which horses are kept for commercial
use including boarding, hire, and sale.
202.165 Story: That portion of a building included between the surface of any floor and
the surface of the floor next above it, or if there be no floor above it, then the space between
the floor and the ceiling next above it.
202.166 Street: A public or private thoroughfare which affords the principal means of
access to abutting property.
202.167 Street, Dedicated: A street with its right-of-way which has been given by the
owner for public use and has been accepted by the City and is so dedicated and recorded
in the office of the county chancery clerk.
202.168 Street Line: The right-of-way of a street.
202.169 Structure: Anything constructed or erected and use of which requires a fixed
location on the ground.
202.170 Subdivision: An area of land divided into two (2) or more lots for development
by means of an appropriately recorded legal document.
202.170 (a) Tattoo Parlor: An establishment where tattooing as defined by the* MS State
Department of Health is regularly conducted in exchange for compensation other than by
a licensed medical practitioner or cosmetologist. (* "Tattoo", "tattooed", " tattooing" shall
mean any means to make indelible marks or designs on or visible through the skin of a
human by puncturing or pricking the skin with a needle or other instrument and inserting
ink or other pigments.)
202.170 (b) Telecommunications, Manager of the Division of: Administrator of the
Division of Telecommunications within the City of Jackson's Department of
Administration.
202.170 (c) Title Pledge Lender: Any person engaged in the business of making title
pledge agreements with pledgers; provided, however, that the following are exempt
from the definition of “title pledge lender” and from the provisions of this Ordinance:
any bank which is regulated by the department of Banking and Consumer Finance, the
Comptroller of the Currency of the United States, the Federal Deposit Insurance
Corporation, the Board of Governors of the Federal Reserve System or any other federal
or state authority and all affiliates of such bank, and additionally, any bank or savings
and loan association whose deposits or accounts are eligible for insurance by the Bank
Insurance Fund or the Savings Association Insurance Fund or other fund administered
by the Federal Deposit Insurance Corporation or any successor thereto, and all affiliates
of such banks and savings and loan associations, any state or federally chartered credit
union and finance company subject to licensing and regulation by the Department of
Banking and Consumer Finance.
202.170 (d) Title Pledge Office: The location at which, or premises in which, a title
pledge lender regularly conducts business. No business other than title pledge business
shall be conducted at a title pledge office.
202.171 (a) Tobacco Paraphernalia means all equipment and materials designed for the
smoking, preparation, storing or consumption of tobacco product. This includes but is not
limited to hookahs, water pipes, pipes, cigarette rolling machines, and holders of smoking
materials of all types.
202.171 (b) Tobacco Product means any product made or derived from tobacco that is
intended for human consumption, including any component part, or accessory of a tobacco
product. This includes any substance containing tobacco leaf, including but not limited to
cigarettes, cigarette tobacco, roll-your-own tobacco, smokeless tobacco, cigars, pipe
tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, nicotine gels and
nicotine dissolvable or any other preparation of tobacco; and any product or formulation
of matter containing biologically active amounts of nicotine that is manufactured, sold,
offered for sale, or otherwise distributed with the expectation that the product or matter
will be introduced into the human body, but does not include any cessation product
specifically approved by the United States Food and Drug Administration for use in
treating nicotine or tobacco dependence.
202.171 (c) Tobacco Paraphernalia Retail Business means any business location where
tobacco paraphernalia are sold, without regard to the quantity of tobacco paraphernalia
involved.
202.171 (d) Tower (See Also Antenna): A structure that is intended for transmitting
or receiving television, radio, microwave, or telephone communications.
202.172 Townhouse (See Dwelling, Single-Family, Attached): 202.173 Trailer (See
Dwelling: Mobile Home):
202.173 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."
202.173(a) Transient Vendor: Any person who transacts transient business in this state
either in one locality or by traveling from place to place in this state. The term includes
a vendor who for the purposes of carrying on such business; hires, leases, uses or
occupies any building, structure, motor vehicle, railroad car or real property.
202.174 Transitional housing means housing designed to assist persons in obtaining skills
necessary for independent living in permanent housing. Transitional housing is housing
in which:
An organization provides a program of therapy, counseling or training for the
residential occupants;
The organization operating the program is licensed or authorized by the State of
MS; or
The program is for the purpose of assisting the residential occupants in one or more
areas including but not limited to:
(a) Protection from abuse and neglect;
(b) Developing skills necessary to adjust to life;
(c) Adjusting to living with the handicaps of physical disability;
(d) Adjusting to living with the handicaps of emotional or mental disorder or mental
retardation;
(e) Limited non-permanent detoxification programs, even if under criminal justice
supervision; or
(f) Readjusting to society while housed under criminal justice supervision
including, but not limited to, pre-release, work-release and probationary
programs.
202.175 Use Permit: A use which is not permitted by right but which is allowed in
certain zoning districts, usually subject to conditions, and with the approval of a site
plan, as regulated by the provisions of this Ordinance.
202.176 Variance: A variance is a relaxation of the terms of the Zoning Ordinance
where such variance will not be contrary to the public interest and where, owing to
conditions peculiar to the property, a literal enforcement of the Ordinance would result
in unnecessary, undue hardship. As used in this Ordinance, a variance is authorized only
for height, area and size of structure or size of yards, separation of uses, open spaces,
and off-street parking spaces; establishment or expansion of a use not permitted shall
not be allowed by variance.
202.177 Vehicular Use Area: That area of development subject to vehicular traffic, which
is required to be a hard surface, all weather area, including access ways, loading and
service areas, areas used for the parking, storage or display of vehicles, boats, or portable
construction equipment, and all land which vehicles cross over as a function of primary
use.
202. 177 (a) Vendor Park. A site that shall contain more than one vendor on a regular
basis as the principal use of the land. This shall include any person that exhibits, displays,
sells or offers for sale any food, beverages, goods, wares or merchandise from an
approved conveyance at a fixed location. This definition does not include a door-to-
door peddler, solicitors, retail stands or garage stands.
A conveyance includes a privately owned vending structure,
vending trailer, mobile food vehicle, or any other device
designed for the purpose of displaying, exhibiting, carrying,
transporting, storing, selling or offering for sale any food,
beverages, goods, wares or merchandise.
202.178 Veterinary Clinic/Hospital: A commercial facility where sick or injured
animals are given medical care, including temporary boarding, and where animals may
be housed overnight, fed, and provided related services.
202.179 (a) Wholesale Dealer: A wholesale dealer shall mean any business engaged in
the selling or exchanging of used motor vehicles strictly on a wholesale basis with no
inventory being maintained which is granted a wholesale license at the discretion of the
Commissioner of Revenue of the Department of Revenue. (Same as wholesale motor
vehicle dealer or “wholesale dealer” as defined and regulated in Miss. Code Ann. § 27-
19-303-C (l) (2015.)
202.179 (b) Wholesale Outlet Store: A building used or intended to be used for the bulk
storage and sale of quantities of non-hazardous goods, commodities, wares,
merchandise, or materials for resale or business use where the general public has no
access. Associated activities such as re-packaging, assembling of components and
similar activities are also permitted as part of the wholesale outlet use, provided that
such activities are clearly accessory to the principal use. This definition is not applicable
to those uses where the general public has access, either freely, by membership or by
some other form of control. Such uses shall be considered a retail store within the
meaning of this Ordinance.
202.179 (c) Wireless Communication Facility (WCF): A WCF is any facility that
transmits and/or receives electromagnetic waves, including, but not limited to, antennas,
dish antennas, microwave antennas, and other types of equipment for the transmission
or receipt of such signals, including telecommunications towers and similar supporting
structures, equipment cabinets or buildings, parking areas, and other accessory
development.
The facility shall also protect and promote the public health, safety, and welfare of the
residents; preserve neighborhood character and protect aesthetic quality; and minimize
adverse visual impacts through careful design, configuration, screening, and innovative
camouflaging techniques.
202. 180: Yard: Any open space located on the same lot with a building, unoccupied
and unobstructed from the ground up, except for accessory buildings, or such
projections as are expressly permitted in these regulations. The minimum depth or width
of a yard shall consist of the horizontal distance between the lot line and the nearest
point of the foundation wall of the main building
202.181 Yard, Front: A yard extending along the full width of a front lot line between
1side lot lines and from the front lot line to the front building line in depth.
(See illustration, page 29)
202.182 Yard, Rear: A yard extending across the full width of the lot and lying between
the rear lot line and the nearest line of the building. Rear-yard depth shall be measured
at right angles to the rear line of the lot. (See illustration, page 30)
202.183 Yard, Side: A yard lying between the side line of the lot and the nearest line of
the building and extending from the front yard to the rear yard, or in the absence of
either of such front or rear yards, to the front or rear lot lines. Side-yard width shall be
measured at right angles to side lines of the lot. (See illustration, page 30)
202.184 Zero Lot Line House: (See illustration page 31.)
202.185 Zoning Administrator: The City Official responsible for administration and
enforcement of the City Zoning Ordinance.
202.186 Zoning Map: The Official Zoning Map or maps which are a part of the Zoning
Ordinance and delineate the boundaries of the zoning districts.
ILLUSTRATIONS – Lots, Setbacks, Property Lines, Sight Distance
Corner
Corner
Interior
TYPES OF BUILDING LOTS
Front Yard
Side Yard
TOWNHOUSE LOTS & BUILDING LAYOUT
FRONT SETBACKS
PROPERTY LINES
ZERO LOT LINE LAYOUT
FRONT SETBACKS
INTERSECTING STREET OR PRIVATE DRIVE
SIGHT TRIANGLE
STREET
FLAT ROOF
STORY
GRADE
BASEMENT
EAVE
RIDGE
DECK LINE
PROVISION FOR THE OFFICIAL ZONING MAP
