LAND DEVELOPMENT CODE City of OXFORD, MISSISSIPPI

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LAND DEVELOPMENT CODE City of OXFORD, MISSISSIPPI November 10, 2004 (updated as of 3/15/07)







LAND DEVELOPMENT CODE ESTABLISHING ZONING DISTRICTS AND REGULATIONS FOR LAND DEVELOPMENT AND SUBDIVISION IN THE CITY OF OXFORD, MISSISSIPPI ORDINANCE NO. 2004-24 ADOPTED November 10, 2004 i INDEX OF AMENDMENTS TO LAND DEVLEOPEMENT CODE DATE ORDINANCE NO. AND SECTION OF LDC






ii TABLE OF CONTENTS

ARTICLE 1 GENERAL PROVISIONS
SECTION ............. ............ ..........................................................................................................................

101 Statutory Authorization.. ..........................................................................................................................
102 Enactment Clause........... ..........................................................................................................................
103 Jurisdiction ........ ............ ..........................................................................................................................

104 Finding of Fact .. ............ ..........................................................................................................................
105 Guiding Principals.......... ..........................................................................................................................
106 Reserved............ ............ ..........................................................................................................................

107 Reserved............ ............ ..........................................................................................................................

108 Reserved............ ............ ..........................................................................................................................

109 Reserved............ ............ ..........................................................................................................................

110 Objectives.......... ............ ..........................................................................................................................

111 Interpretation ..... ............ ..........................................................................................................................

112 Separability Clause......... ..........................................................................................................................
113 Omission Provision ........ .......................................................................................................................... 114 Declaration ........ ............ ..........................................................................................................................

115 Most Restrictive Law or Requirement to Apply .......................................................................................
116 Reserved............ ............ ..........................................................................................................................

117 Definitions......... ............

118 Compliance ....... ............ ..........................................................................................................................

119 Reserved............ ............ ..........................................................................................................................
120 Establishment of Districts, Provisions of Official Zoning Map, Annexation............................................
121 Nonconforming Uses ..... ..........................................................................................................................
122 Nonconforming Structures ........................................................................................................................
123 Nonconforming Lots of Record ................................................................................................................
124 Special Exceptions ......... .......................................................................................................................... ARTICLE 2 SPECIFIC DISTRICT REGULATION iii
SECTION ............. ............ ..........................................................................................................................

125 District Regulations........ ..........................................................................................................................
126 General District Regulations (Regulations Pertaining to All Districts) ....................................................
127 Vacation of Public Easements and/or Right-of-Way ................................................................................
128 Public / Open Land District (P-OL) ..........................................................................................................
129 Agricultural District (A). ..........................................................................................................................
130 Country Estate Residential District (C-E) .................................................................................................
131 Residential Estate Residential District (R-E) ............................................................................................
132 Single Family Residential District (R-A)..................................................................................................
133 Single Family Residential District (R-1A)................................................................................................
134 Two-Unit Residential District (R-B).........................................................................................................
135 Multi-Unit Residential District (R-C) .......................................................................................................
136 Reserved............ ............ ..........................................................................................................................

137 General Business District (G-B) ...............................................................................................................
138 Reserved............ ............ ..........................................................................................................................

139 Shopping Center District (S-C) .................................................................................................................
140 Neighborhood Business District (N-B) .....................................................................................................
141 Downtown Business District (D-B) ..........................................................................................................
142 Professional Business District (P-B) .........................................................................................................
143 Reserved............ ............ ..........................................................................................................................

144 Reserved............ ............ ..........................................................................................................................

145 Reserved............ ............ ..........................................................................................................................

146 Industrial District (I) ...... ..........................................................................................................................
147 Historic Preservation Overlay District (H)................................................................................................
148 Neighborhood Conservation Overlay District (N-C) ................................................................................
149 Reserved............ ............ .......................................................................................................................... ARTICLE 3 ADDITIONAL DISTRICT PROVISIONS iv SECTION ............. ............ ..........................................................................................................................

150 Planned Unit Developments (PUD) ..........................................................................................................
151 Mobile Home Parks........ ..........................................................................................................................
152 Travel Trailer Parking Areas.....................................................................................................................
153 Condominiums, Zero Lot Line Projects, Townhouses, and Duplexes ......................................................
154 Bed and Breakfast Facilities......................................................................................................................
155 Religious Facilities in Residential Districts ..............................................................................................
156 Home Occupations ......... ..........................................................................................................................
157 Open Space / Setback Requirements.........................................................................................................
158 Reserved............ ............ ..........................................................................................................................

159 Bulk Regulations Chart .. .......................................................................................................................... ARTICLE 4 LAND SUBDIVISION
SECTION ............. ............. ................................................................................................................................ 160 Definitions Pertaining Specifically to Land Subdivision ..........................................................................
161 Plats and Data.... ............ ..........................................................................................................................
162 Design Standards............ .
163 Required Improvements . ..........................................................................................................................
164 Reserved............ ............ ..........................................................................................................................

165 Reserved............ ............ ..........................................................................................................................

166 Reserved............ ............ ..........................................................................................................................

167 Reserved............ ............ ..........................................................................................................................

168 Reserved............ ............ ..........................................................................................................................

169 Reserved............ ............ ..........................................................................................................................

170 Reserved............ ............ ..........................................................................................................................

171 Reserved............ ............ ..........................................................................................................................


SECTION ............. ............ ..........................................................................................................................
v 172 Reserved............ ............ ..........................................................................................................................

173 Reserved............ ............ ..........................................................................................................................

174 Reserved............ ............ ..........................................................................................................................

175 Reserved............ ............ ..........................................................................................................................

176 Reserved............ ............ ..........................................................................................................................

177 Reserved............ ............ ..........................................................................................................................

178 Reserved............ ............ ..........................................................................................................................

179 Reserved............ ............ ..........................................................................................................................
180 Reserved............ ............ ..........................................................................................................................

181 Reserved............ ............ ..........................................................................................................................

182 Reserved............ ............ ..........................................................................................................................

183 Reserved............ ............ ..........................................................................................................................

184 Reserved............ ............ ..........................................................................................................................

185 Reserved............ ............ ..........................................................................................................................

186 Reserved............ ............ ..........................................................................................................................

187 Reserved............ ............ ..........................................................................................................................

188 Reserved............ ............ ..........................................................................................................................

189 Reserved............ ............ ..........................................................................................................................

190 Reserved............ ............ ..........................................................................................................................

ARTICLE 5 SIGN REGULATIONS
SECTION ............. ............

191 Purpose ............. ............ ..........................................................................................................................
192 General Provisions ......... ..........................................................................................................................
193 Reserved............ ............ ..........................................................................................................................

194 Reserved............ ............ .......................................................................................................................... vi ARTICLE 6 SUPPLEMENTARY REGULATIONS
SECTION ............. ............ ..........................................................................................................................

195 Industrial Performance Standards .............................................................................................................
196 Reserved............ ............ ..........................................................................................................................

197 Reserved............ ............ ..........................................................................................................................

198 Reserved............ ............ ..........................................................................................................................

199 Reserved............ ............ ..........................................................................................................................

ARTICLE 7 PARKING AND LOADING REGULATIONS
SECTION ............. ............ ..........................................................................................................................

200 Off-Street Parking and Loading Space Requirements..............................................................................
201 General Provisions ......... ..........................................................................................................................
202 Reserved............ ............ ..........................................................................................................................

203 Off-Street Parking in Residential Districts Adjoining Commercial or Industrial Districts.......................
204 Off-Street Automobile Parking and Storage .............................................................................................
205 Combined Parking Spaces.........................................................................................................................
206 Off-Street Loading and Unloading Spaces................................................................................................
207 Disabled Persons Parking..........................................................................................................................
208 Curb Cuts .......... ............ ..........................................................................................................................
209 Permitted Use Upon Review of Oxford Planning Commission of Parking in Adjacent Districts ............
ARTICLE 8 ADMINISTRATION AND APPLICATION
SECTION ............. ............ ..........................................................................................................................

210 Administration... ............ ..........................................................................................................................

211 Site Plan Review Committee.....................................................................................................................
212 Site Plan Review ............ ..........................................................................................................................
213 Oxford Planning Commission...................................................................................................................
vii SECTION ............. ............ ..........................................................................................................................

214 Director of Planning and Development.....................................................................................................
215 Department of Planning and Development ...............................................................................................
216 The Board of Adjustment..........................................................................................................................
217 Reserved............ ............ ..........................................................................................................................

218 Violation Enforcement Procedure.............................................................................................................
219 Violation Penalties and Notifications........................................................................................................
220 Fees and Expenses.......... ..........................................................................................................................
ARTICLE 9 APPLICATION PROCEDURE FOR LAND DEVELOPMENT
CHECKLIST, AMENDMENTS, VARIANCES, PUBLIC NOTICE AND HEARING
PROCEDURE, APPEALS AND CERTIFICATES.
SECTION ............. ............ ..........................................................................................................................

221 Reserved for Application Procedure .........................................................................................................
222 Land Development Checklist ....................................................................................................................
223 Amendments ..... ............ ..........................................................................................................................

224 Reserved............ ............ ..........................................................................................................................
225 Public Notice..... ............ ..........................................................................................................................
226 Public Hearing Procedure..........................................................................................................................
227 Planning Commission Appeal Procedure..................................................................................................
228 Certificate of Zoning Compliance.............................................................................................................
229 Reserved............ ............ ..........................................................................................................................

230 Standard Forms for Final Plats..................................................................................................................

APPENDICES

A Historic Preservation Code..
B Landscape Ordinance ..... .
C Storm water Retention and Detention Ordinance
D Erosion Control Ordinance.................................. 1 ARTICLE 1 GENERAL PROVISIONS Section 101 Statutory Authorization
AN ORDINANCE DIVIDING THE CITY OF OXFORD, MISSISSIPPI INTO ZONES OR DISTRICTS AND
PRESCRIBING THE USE OF LAND AND BUILDINGS, THE HEIGHT OF BUILDINGS, THE AMOUNT OF
OPEN SPACE ADJACENT TO BUILDINGS, AND THE DENSITY OF POPULATION WITHIN EACH OF
THESE ZONES OR DISTRICTS, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THIS
ORDINANCE, AND FOR OTHER PURPOSES, SAME BEING THE OFFICIAL ZONING ORDINANCE FOR
OXFORD, MISSISSIPPI. Section 102 Enactment Clause
WHEREAS, a professional planner has heretofore prepared a master plan for the City of Oxford, including a
proposed zoning ordinance and zoning map, and

WHEREAS, the Planning Commission of the City of Oxford has studied, changed, modified, and then passed on to
the Board of Aldermen the said master plan including a proposed zoning ordinance and zoning map, and

WHEREAS, the Board of Aldermen of the City of Oxford has reviewed and studied such plan, and based on such
review and study, believes that the proposed ordinance reflects the best possible interests for the general welfare of
all the people of Oxford.

BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF OXFORD,
MISSISSIPPI:

This ordinance shall be known and referred to as the LAND DEVELOPMENT CODE FOR OXFORD,
MISSISSIPPI, 2004, and may be so cited. Section 103 Jurisdiction
From and after the date of adoption, the Land Development Code shall govern all development, land development,
zoning, land uses, and land subdivision of land located within the corporate limits of the City of Oxford, Mississippi.
Cooperation in the enforcement of this Code is requested from other appropriate governmental agencies in order to
provide for the sound, orderly development of the City of Oxford.

The Chancery Clerk of Lafayette County, Mississippi shall not receive, file or record a plat of a subdivision within
the jurisdiction of this Code without prior approval of the Governing Authority, as provided by State law.
2 Section 104 Finding of Fact
104.01 The Governing Authorities of the City of Oxford and the Oxford Planning Commission are committed to a
sound, reasonable, continuous, comprehensive planning process to implement the Oxford Comprehensive Plan and
promote the goals and objectives of said plan. Which purpose is to promote the health, safety, morals, convenience,
environment, and general welfare of its citizens and provide coordination and efficient government actions,
economic diversification and protection of the environment and aesthetics of the city.

104.02 The Oxford Planning Commission has provided for land subdivision and has divided the incorporated area
of the City into zoning districts in accordance with a comprehensive plan for economic and physical development
and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote
health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid
undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools,
parks, and other public requirements.

104.03 The Oxford Planning Commission has given reasonable consideration, among other things, to the character
of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the City.

104.04 The Oxford Planning Commission has made a preliminary report and held public hearings thereon, and
submitted its final report to the Oxford Mayor and Board of Aldermen.

104.05 The Oxford Mayor and Board of Aldermen has given due public notice of hearings relating to zoning
districts, regulations, and restrictions, and has held such public hearings.

104.06 All requirements of Section 17-1-1 through 17-1-27 of the Mississippi Code of 1972, as amended, with
regard to the preparation of the report of the Oxford Planning Commission and subsequent action of the Oxford
Mayor and Board of Aldermen have been met.

Certain editorial techniques, such as the use of different kinds of type, have been utilized by the editors for the sake of readability.
3 Section 105 Guiding Principles.
The Oxford Guiding Principles establish six fundamental design and planning principles for Oxfords future growth.
These guiding principles shall guide day to day decisions of the Governing Authorities and City Boards.
1. Recognize Oxfords Historic ways of town building and use those traditions to provide a
framework for future growth.
2. Understand the Mississippi hill country landscape and guide growth responsibly within it by
growing compactly and using natural features to establish town boundaries.
3. Protect natural drainage areas to preserve water quality, provide open spaces, and reduce future
storm water management costs.
4. Establish a densely connected network of streets and roads to guide future growth that equally
serves automobiles, pedestrians, bicycles and future possibilities of transit.
5. Relate existing and future development to the network of streets, roads and natural drainage areas,
emphasizing appropriate mixes of land uses instead of single use districts.
6. Recognize that design of buildings, landscapes and streets is a central part of Oxfords plan for
preservation, redevelopment and new growth. Section 106 RESERVED
Section 107 RESERVED
Section 108 RESERVED
Section 109 RESERVED 4 Section 110 Objectives.
This Ordinance has been prepared in accordance with a comprehensive city plan and is enacted to preserve and
promote the public health, safety and general welfare of the inhabitants of the City of Oxford and of the public
generally, and to encourage and facilitate the orderly growth and expansion of the municipality. Specifically this
Ordinance is designed: 1. To lessen congestion in the streets.
2. To secure safety from fire, panic, and other dangers.
3. To promote health and the general welfare.
4. To provide adequate light and air.
5. To prevent the overcrowding of land and buildings.
6. To avoid undue concentration of population.
7. To facilitate the provision of transportation, water, sewerage disposal, schools, parks, and other
public requirements.
8. To protect the integrity and character of established neighborhoods.
9. To enhance efficiency by encouraging planned development and re-development.
10. To provide appropriate housing.
11. To provide attractive community landscaping.
12. To accommodate the unique and special development needs of downtown Oxford and areas
adjacent to the University campus.
13. To stimulate and guide positive economic and commercial growth.
14. To provide appropriate flexibility to stimulate private initiative and innovative design, while
protecting the public interest.
15. To preserve the natural aesthetics and visual contours of the community.
16. To separate incompatible land uses.
17. To designate areas of development and preservation.
18. To protect property values.
19. To manage growth.
20. To define the public interest by providing for public input in multiple stages of development.
110.02 These regulations have been made with reasonable consideration, among other things, to the character of
the District, and its suitability for particular uses, and with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the City.


5 Section 111 Interpretation
In interpreting and applying the provisions of this Ordinance, said provisions shall be held to be the minimum
requirements for the promotion of public health, safety, morals, comfort and general welfare. Whenever the
regulations of this Ordinance require a greater width or size of yards or open spaces or require a lower height of
building or less number of stories or require a greater percentage of lot to be left unoccupied or require a lower
density of population, or require a more restricted use of land, or impose other higher standards than are required by
any other ordinance or regulations, private deed restrictions or private covenants, these regulations shall govern, but
if the requirements of the other Ordinance, regulations, private deed restrictions or private covenant is more
restrictive, then those requirements shall govern.
Section 112 Separability Clause
If for any reason any one or more sections, headings, clauses or parts of this Ordinance are held invalid, such
judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance but shall be confined in its
operation to the specific sections, headings, clauses or parts of this Ordinance held invalid and the invalidity of any
section, heading, clause or part of this Ordinance in any one or more instances shall not affect or prejudice in any
way the validity of this Ordinance in any other instance.
Section 113 Omission Provision
The omission of any specific use, dimension, word, phrase or other provision from this Land Development Code
shall not be interpreted as permitting any variation from the general meaning and intent of this Land Development
Code as commonly inferred or interpreted and should occasion arise as to such intent or meaning, the interpretation
of the Governing Authorities shall hold. Section 114 Declaration
It is the purpose and intent of this Land Development Code that the interpretation and application of the provisions
given herein shall be held to be the minimum requirements necessary for promotion of the public health, safety,
morals and general welfare, and that in no case should they be regarded as advocated standards.
Section 115 Most Restrictive Law or Requirement to Apply
Whenever the requirements of this Code or of any other lawfully adopted rules, regulations, codes, or ordinances are
in conflict with the provisions of this Code, the most restrictive law or requirements shall govern.
Section 116 Reserved 6 Section 117 Definitions.
117.01 For the purpose of these Regulations certain terms and words are to be used and interpreted as defined
hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the
plural and words in the plural number include the singular, the word "person" includes a firm or corporation, as well
as an individual, and the word "lot" includes the words "plot" and "parcel", except where the natural construction of
the writing indicates otherwise. The word "shall" is always mandatory and not permissive, the word "may" is
permissive. Map The Official Zoning Map of Oxford, Mississippi. Any term not defined within this Code shall be
construed to be used in this Code as defined by the latest edition of Webster's Unabridged Dictionary.

117.02 Abandoned Vehicle or Junked Vehicle: Any vehicle which is without current license tag and/or which is
(a) wrecked, (b) dismantled, (c) partially dismantled, or (d) inoperative. Storage shall mean being on or occupying
the premises for thirty (30) days or more.

117.03 Abandoned Personal Property or Junk: Any scrap, waste, reclaimable material or debris, whether or not
stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or
disposition.

117.04 Accessory Structure: Any structure on the same lot with and customarily incidental and secondary to the main structure or use, including satellite receiving dishes and liquid petroleum gas storage tanks.

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

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

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

1. Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures,
video cassettes, slides or other photographic reproductions which are characterized by emphasis
upon the depiction or description of specified sexual activities or specified anatomical areas.
2. Instruments, devices, or paraphernalia which are designed for use in connection with specified
sexual activities
117.05(c) Adult cabaret: A nightclub, bar, restaurant, theater, or similar establishment which regularly features live
performances which are characterized by the exposure of specified anatomical areas or by specified sexual
activities, or films, motion pictures, video cassettes, slides or other photographic reproductions which are
characterized by an emphasis upon the depiction or description of specified sexual activities or specified
anatomical areas.

117.05(d) Adult entertainment establishment: An adult arcade, adult bookstore, adult cabaret, adult motel, adult
motion picture theater, or similar establishment which regularly features or depicts behavior which is characterized
by the exposure of specified anatomical areas or where any employee, operator or owner exposes his/her
specified anatomical area for viewing by patrons.

117.05(e) Adult motel: A motel or similar establishment which includes the word adult in any name it uses or
otherwise advertises the presentation of adult material, offering public accommodations for any form of
consideration, which provides patrons with closed circuit television transmissions, films, motion pictures, video
cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas. 7
117.05(f) Adult motion picture theater: An establishment where, for any form of consideration, films, motion
pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion
of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the
depiction or description of specified sexual activities or specified anatomical areas.

117.06 Agriculture: The raising or growing of crops, fowl, or livestock, in any Agriculture District, provided
such use does not constitute a nuisance or health hazard. Also, sale of agricultural products grown on the premises.

117.07 Alley: A minor right-of-way dedicated to public use which gives a secondary means of vehicular access to
the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

117.08 Reserved

117.09 Alcoholic Beverage: Any alcoholic liquid capable of being consumed as a beverage by a human being, but
shall not include wine containing not more than four (4) percent of alcohol by weight and shall not include beer
containing not more than four (4) percent alcohol by weight.

117.10 Apartment House or Multi-Unit Dwelling: Any single detached dwelling unit designed for occupancy in
three or more units, each independent of each other, as separate housekeeping units, including apartment houses,
apartment hotels, flats, and townhouses or condominiums, but not including auto or trailer courts or camps, hotels,
motels, or resort type hotels.

117.11 Automobile-Junk Area or Automobile Graveyard: An area other than a street or alley used for the
dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled, partially dismantled,
inoperative, or wrecked automobiles or their parts.

117.12 Auto Wrecking: The collecting, dismantling or wrecking of used motor vehicles, wheeled or track laying
equipment, or trailers; or the storage, sale or dumping of dismantled, partially dismantled, obsolete or inoperative or
wrecked motor vehicles, wheeled or track laying equipment or trailers or their parts. The dismantling and rebuilding,
other than repair, of more than one (1) motor vehicle, piece of wheeled or track laying equipment, or trailer at a
time, even though not for profit or a principal use of a parcel of land, shall be defined as auto wrecking. The storage
of a partially dismantled motor vehicle, piece of wheeled or track laying equipment or trailer shall be considered
auto wrecking. Auto wrecking involving burning or burning out is not permitted.

117.13 Bed and Breakfast: A residential home which offers, for compensation, overnight lodging and morning or
evening meals only for guests, for a short duration, and where breakfast is customarily furnished by the owner. The
term "bed & breakfast" shall not include any hotel, motel, dormitory, fraternity or sorority house. A bed and
breakfast may be a home occupation. See Section 156, Home Occupation and Section 154, Bed & Breakfast
Regulations.

117.14 Blighted Area: Blighted Area shall mean an area which by reason of the presence of a substantial number
of slums; deteriorated or deteriorating structures; predominance of defective or inadequate street layout; faulty lot
layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions; deterioration of site
or other improvements; diversity of ownership; tax or special assessment delinquency exceeding the fair value of the
land; defective or unusual conditions of title; or the existence of conditions which endanger life or property by fire
or other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a
municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a
menace to the public health, safety, morals or welfare in its present condition and use. If such blighted area consists
of open land the conditions contained in the provision in subsection (d) of Section 43-35-13 of the Mississippi State
Code, 1972, as amended, shall apply. Any disaster area referred to in subsection (g) of Section 43-35-13 shall
constitute a "blighted area". State Law 43-35-3.
8 117.15 Block: A parcel of land intended to be used for urban purposes which is entirely surrounded by public
streets, highways, railroad rights-of-way, public walks, parks or green strips, rural land or drainage channels, or a
combination thereof.

117.16 Boarding House: Any dwelling unit other than a hotel where for compensation and by prearrangement for
definite periods, meals or lodging and meals are provided for three (3) or more persons.

117.17 Board of Adjustment: The Oxford Board of Adjustment.

117.17 Buffer Area/Strip: An area with sufficient planting and/or screening which acts as a separation area
between two or more incompatible uses and/or districts.

117.18 Building area: That portion of a lot remaining after required yards have been provided.

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

117.20 Building: Any enclosed structure having a roof and intended for shelter, housing or enclosure of persons,
animals or chattel. The main building is that building which contains the principal use of a lot.

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

117.22 Building Code: The current Building Code, International Building Code, as adopted by the Governing
Authority.

117.23 Building, Front Line Of: A line intersecting the foremost portion of a building and parallel and/or
concentric to the right of way line.

117.24 Building Height: The vertical distance measured from the average plane to the highest point of the roof
surface

117.25 Building Official: The official appointed by the administration and charged with the responsibility of
enforcing the City Building Codes and issuance of building permits.

117.26 Building, Main: A building in which is conducted the principal use of the lot on which it is situated.

117.27 Building Permit: A permit, which a person shall obtain from the Building Official granting permission to
said person to construct or build any structure.

117.28 Building Setback Line: The distance required by this Code to be maintained between a given lot line,
easement or right-of-way line and any structure foundation: front, rear, or side, as specified.

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

117.30 Reserved
117.31 Care Center:
1. Home Care Center: A private establishment enrolling up to four (4) persons where tuition, fees,
or other forms of compensation for the care of persons is charged. A Home Care Center is a home
occupation.
9 2. Day Care Center: A place which provides shelter and personal care for five (5) or more persons
regardless of age for any part of the twenty-four hour day, whether such place be organized or
operated for profit or not. Care of a person shall not exceed twelve and one-half (12 1/2) hours for
any part of the twenty-four (24) hour day. The term "Day Care Center" indicates day care baby-
sitting service, child or adult care centers and any other facility that within the scope of the
definition set forth herein, regardless of auspices. Excluded from this definition is any facility
operating as a kindergarten, nursery school or Head Start in conjunction with an elementary and/or
secondary school system, whether it be public, private or parochial, whose primary purpose is a
structured school readiness program. Also excluded is any medical care facility such as a
convalescent home or nursing home or rehabilitation center. Space requirements shall be as
stipulated by the Mississippi State Board of Health and the International Building Code, or other
appropriate State or Federal Agency.
117.32 Cemetery, Animal: A tract of private land divided into plots for interment of the animal dead in
compliance with applicable State statutes and City ordinances.

117.33 Cemetery, Human: A tract of land, private or public, divided into plots for interment of the human dead
in compliance with applicable State statutes and City ordinances.

117.34 Certificate of Zoning Compliance: A permit issued by the Director of Planning and Development
indicating that the use of the building or land in question is in conformity with this Code, is a use permitted by right
or a use permitted by review, or is a legal nonconforming use, or that there has been a legal variance granted, as
provided by the Code. This is a check and balance system on the zoning procedure. It means that an inspection has
indicated that the use is being carried on at the time of occupancy and the condition of the structure or lot at the time
of occupation meets all the requirements and legitimately can continue. No structure or lot shall be occupied until a
certificate of zoning compliance has been issued when such is required in the Land Development Code.

117.35 Certified Sanitary Sewer: A public sewage disposal system of a type approved by the Mississippi Air and
Water Pollution Control Commission, or individual sewage disposal systems of a type approved by State.

117.36 Church: A building or structure, or groups of buildings or structures, which by design and construction are
primarily intended for the conducting of organized religious services and accessory uses associated therewith.

117.37 City: The City of Oxford, Mississippi

117.38 City Clerk: As defined in the Mississippi Code of 1972, as amended.

117.39 Mayor and Board of Aldermen: As defined in the MS Code of 1972, as amended.

117.40 City Engineer: The administrative head of the City of Oxford's Engineering staff and the chief technical
engineering advisor to the Governing Authority and other City related offices, or his designated representative.

117.41 Cluster Development: A development design technique that concentrates buildings in specific areas on
the site to allow the remaining land to be used for recreation, common open space, and preservation of
environmentally sensitive features. Permitted under Planned Unit Development.

117.42 Comprehensive Plan and Planning Process: The officially adopted plan and comprehensive planning
process that contains the elements that provide long range development policies for the City of Oxford and the area
subject to urbanization in and around Oxford, Mississippi.

117.43. Condominium: That form of ownership of property under which units of improvements are subject to
ownership by different owners and there is appurtenant to each unit as part thereof an undivided share in the
common areas. 10 117.44. Condominium project: The entire parcel of real property divided, or to be divided into condominiums,
including all structures thereon.

117.45. Condominium unit: The elements of a condominium, which are not owned in common with the owners of
other condominiums in the project. 117.46. Common area: The entire project excepting all units therein granted or reserved.

117.47 Conforming Use: Any lawful use of a building or lot, which complies, with the provisions of this Code.

117.48 Day Care Center: See Section 117.31, Care Center.

117.48a Demolition Permit: A permit, which a person shall obtain from the Building Official granting permission
to said person to demolish a building or structure.

117.49 Density: The intensity of the use of land observing all yard, height and lot coverage provisions of this
Code.
117.50 Developer: Any person engaging in developing or improving a lot or group of lots or placing structures
thereon for use or occupancy.

117.51 Development: Any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or a drilling operation.

117.52 District: Any zoning district established by this Code.

117.53 Drainage System, Storm: The facility to carry off large amounts of water produced from rain and which
meets or exceeds the requirements to control storm water runoff for the minimum twenty-five (25) year flood level.

117.54 Dwelling: Any building, or portion thereof, which is designed or used as living quarters for human
occupancy for thirty (30) days or longer.

117.55 Dwelling, Attached: A one-family dwelling attached to two (2) or more one-family dwellings by common
vertical walls.

117.56 Dwelling, Detached: A one-family dwelling, which is not attached to any other dwelling by any means.

117.57 Dwelling, Manufactured (Mobile) Home: Is a transportable residence in one (1) or more sections, which
is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to
the required utilities. The term also includes park trailers, recreational vehicles, and similar transportable structures
placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property.

117.58 Dwelling, Modular Home: Is a residence in two (2) or more sections, meeting codes, when connected to
the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein.

117.59 Dwelling, Multi-Unit: A dwelling designed to contain three (3) or more dwelling units for occupancy
independent of each other as separate housekeeping units. When all occupants of a dwelling unit are not related to
each other by blood, adoption, marriage, or foster care, the number of occupants in a unit shall not exceed a number
which is equal to the number of bathrooms in that dwelling unit multiplied by two (2) but in no event more than five
(5) such occupants. A bathroom is a room in the unit which contains both complete toilet and bathing facilities.

117.60 Dwelling, Two-Unit: A dwelling designed to contain two dwelling units for occupancy independent of
each other as separate housekeeping units. When all occupants of a dwelling unit are not related to each other by
blood, adoption, marriage, or foster care, the number of occupants in a unit shall not exceed a number which is equal 11 to the number of bathrooms in that dwelling unit multiplied by two (2) but in no event more than four (4) such
occupants. A bathroom is a room in the unit which contains both complete toilet and bathing facilities

117.61 Dwelling Unit: A room or group of rooms occupied or intended to be occupied as separate living quarters.
117.62 Easement: A grant by the property owner to the public, a corporation, or persons, of the use of a strip of
land for specific purposes.

117.63 Electrical Code: The current Electric Code, National Electric Code, as adopted by the Governing
Authority.

117.64 Engineer, Registered: Shall mean a registered professional engineer registered with the State of
Mississippi.

117.65 Excavate: Means to dig out, scoop out, hollow out, or otherwise make a hole or cavity by removing soil,
sand, gravel, or other material from any property so as to change the grade of such property.

117.66 Family: One (1) or more persons who are related by blood, adoption, marriage, or foster care living
together and occupying a single housekeeping unit with single culinary facilities, or a group of not more than three
(3) persons living together by joint agreement and occupying a single housekeeping unit with single culinary
facilities on a nonprofit, cost-sharing basis. Any household employees residing on the premises shall not be
considered as a separate family for purposes of this Code.

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

117.68 Fire Code: The current Standard Fire Prevention Code, International Building Code, as adopted by the
Governing Authorities.

117.69 Flammable Liquids: Any liquid which gives off flammable vapors, as determined by the flash point from
an open cup tester as used for test of burning oils, at or below a temperature of eighty (80) degrees Fahrenheit, is
flammable.

117.70 Flood Plain: The land area adjoining a river, stream, watercourse, or lake that has been or may be covered
by floodwater. (This definition of flood plain may differ from that used in geologic and geomorphic writings.)

117.71 Flood Damage Prevention Code: An overall program of corrective and preventive measures for reducing
flood damage, including but not limited to emergency preparedness plans, flood control works, and land use and
control measures, and Flood Damage Prevention Code. NOTE: See current Flood Damage Prevention Code.

117.72 Flood-proofing: Structural and/or nonstructural adjustments to a building which make it watertight below
the base flood level and which enable the building to withstand the flood depths, pressures, velocities, impact and
uplift forces and other factors associated with the base flood level. Said adjustments are to be certified by a
registered professional engineer or architect.

117.73 Floodway: The channel of a river or other water course and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1)
foot.

117.74 Floor Area: The square footage of all floor space within the outside line of walls and including the total of
all space on all floors of a building used for dwelling purposes.
12 117.75 Frontage: All the property on one side of a street between two intersecting streets (crossing or
terminating), measured along the line of the street. If the street is dead-ended, then all of the property abutting on
one side between an intersecting street and the dead-end of the street.

117.76 Future Land Use Plan: That part of the Comprehensive Plan now and hereafter adopted which includes
the adopted Future Land Use Plan, and which sets forth identification, location, area and classifications of proposed
land uses.
117.77 Garage Apartment: A dwelling unit above a private garage.

117.78 Garage, Private: An accessory building or part of a main building used for storage purposes for one (1) or
more automobiles. Also includes carports.

117.79 Garage, Public: Any building, other than a private garage, available to the public where vehicles are
parked or stored for remuneration, hire, or sale.

117.80 Gas Code: The current Standard Gas Code, International Building Code, as adopted by the Governing
Authorities.

117.81 Gasoline, Service or Filling Station: Any area of land, including structures thereon, that is used for the
retail sale of gasoline or oil fuels, and installation of other minor automobile accessories, and which may or may not
include facilities for lubricating, washing or cleaning, but not including storage and rental of vehicular equipment.

117.82 Governing Authorities: Mayor and Board of Aldermen of the City of Oxford, Mississippi.
117.83 Grade or Grade Level: The finished elevation of land either horizontal or sloping, after completion of site
preparation for the construction of structures.

117.84 Grading Code: See Erosion Control Code, Appendix D, of this document.

117.85 Gross floor area: The sum of the gross horizontal areas of the several floors of a structure, including
interior balconies and means; all horizontal measurements to be made between the exterior faces or walls, including
the walls of roofed porches having more than two (2) walls.

117.86 Ground Elevation: The height of the ground above sea level expressed in terms of Mean Sea Level or the
City of Oxford Datum.

117.87 Group Care Facility: A facility or dwelling unit housing persons unrelated by blood or marriage and
operating as a group family household. A group care facility may include halfway houses, recovery homes, and
homes for orphans, foster children, the elderly, battered children and women. It would include a specific treatment
providing less than primary health care.

117.88 Habitable Floor: A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet
compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

117.89 Hardship: An unusual situation on the part of an individual property owner that will not permit the full
utilization of their property as is allowed others within the community. A hardship exists only when it is not self-
created or when it is not economic in nature. In other words, a true hardship exists only when the literal
interpretation of the requirements of the Code would place an individual in an unusual circumstance and would deny
the right to use property for any purpose, or create an unnecessary burden, unless relief is granted.

117.90 Historic Preservation Code: An overall program of protection, enhancement and perpetuation of
landmarks, landmark sites and historic districts which represent distinctive elements of the city's cultural, social,
economic, political and architectural history; to safeguard, stabilize, promote the city's historic aesthetic and cultural
heritage through the Oxford Historic Preservation Commission. Standards and requirements established by the 13 Oxford Historic Preservation Code. NOTE: See current Oxford Historic Preservation Code, Appendix B, of this
document.

117.91 Home Care Center: See Care Center, Section 117.31.

117.92 Home Occupation: Any occupation or profession carried on by a family residing on the premises which is
clearly incidental and secondary to the use of the dwelling unit, which does not change the character thereof, and
which is conducted entirely within the main or accessory buildings. See Home Occupation regulations, Section 156.

117.93 Hotel or Motel: A building containing sleeping rooms intended or designed to be occupied as the more or
less temporary abiding place of persons who are lodged, with or without meals, for compensation.

117.94 Housing Code: The current Standard Housing Code, International Building Code, as adopted by the
Governing Authorities.

117.95 Junk: See Abandoned Personal Property or Junk.

117.96 Junk Yard: Any area, lot, land, parcel, building or structure or part thereof used for the storage,
collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded
goods, materials, machinery or wrecked, dismantled, partially dismantled or inoperative motor vehicles or other type
of junk.

117.97 Kennel: An establishment in which more than three (3) domesticated animals more than six (6) months old
are housed, groomed, bred, boarded or trained for compensation or offered for sale.

117.98 Land Development Code: The Code regulating zoning and land subdivision within the corporate limits of
Oxford, MS. Also referred to as the Code in the text.

117.99 Director of Planning and Development: The administrative officer designated to administer the Land
Development Code Ordinance and issue Certificates of Zoning Compliance.

117.100 Land Development Code Checklist: Is a checklist, which is required for all new, or renovation
development or redevelopment projects of land or buildings. Note: See Historic Preservation Code; See Section
222, Land Development Code Checklist.

117.101 Land Use and Related Control Measures: Land Development Code (zoning ordinances), subdivision
code and other related ordinances, to provide standards and effective enforcement provisions for the prudent use and
occupancy of land.

117.102 Legal Nonconforming Use, Building Or Yard: A use, building or yard existing legally at the time of the
passage of this Code which does not by reason of design, use, or dimensions conform to the regulations of the
district in which it is situated. A use, building or yard established after the passage of this Code, which does not
conform to regulations of the district in which it is situated, shall be considered an illegal nonconforming use.
Certificate of Zoning Compliance required.

117.103 Level of the 100-Year Flood: The highest level of flooding that has a one (1) percent chance of occurring
each year. NOTE: See current Flood Damage Prevention Code.

117.104 Livestock: A domestic animal normally raised on a farm such as poultry, swine, cattle, horses, sheep,
goats, or similar animals, but not wildlife.

117.105 Lot: For the purpose of this Code, a lot is a parcel of land of at least sufficient size to meet minimum
zoning requirements for use, coverage and area, and to provide such yards and open spaces as required. Such lot,
existing or after the subdivision is approved, shall have frontage on an improved public street, or on an approved 14 private street, the use of which has been approved by the Site Plan Review Committee. It may consist of a single lot
of record, or of a portion of a lot of record, a combination of complete lots of record, or of portions of lots of record,
or a parcel of land described by metes and bounds provided that in case of division or combination no lot or parcel
shall be created which does not meet the requirements of the Land Development Code.

117.106 Lot Line, Side: The side lot line is the property boundary line between the front and rear lot lines.

117.107 Lot of Record: A lot which is part of a subdivision recorded in the Office of the County Chancery Clerk,
or a lot or parcel of land described by metes and bounds, the description of which has been recorded in the office of
the County Chancery Clerk and that at the time of recording was a legal, conforming use.

117.108 Lot, Corner: A lot located at the intersection of and abutting on two (2) or more streets.

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

117.110 Lot, Double Frontage: A lot, other than a corner lot, which has frontage on more than one (1) street. Also
referred to as a through lot.

117.111 Lot Frontage: The front of a lot shall be construed to be the portion nearest the street right of way
extending from lot line to lot line. For the purposes of determining yard requirements on corner lots, all sides of a lot
adjacent to streets shall be considered frontage and yards shall be provided as indicated in this Land Development
Code.

117.112 Lot, Interior: A lot other than a corner lot.

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

117.114 Lot Lines: The lines bounding a lot as defined herein.

117.115 Lot Line, Front: In the case of an interior lot, the line separating said lot from the street. In the case of a
corner or through lot, the line separating said lot from the street which the house will face, to be determined from the
request for a building permit. Front lot line is synonymous with street right-of-way line.

117.116 Lot Width: The width of a lot at the front building setback line. See Building Setback Line, Section
117.28.

117.117 Marina: A boat basin, harbor or dock, with facilities for berthing and servicing boats, including bait and
fishing tackle shop and eating establishment.

117.118 Major Thoroughfare Plan: That part of the Comprehensive Plan now or hereafter adopted which
includes the adopted Major Thoroughfare Plan, and which sets forth identification, location, dimensions and
classifications of existing and proposed public streets, major arterials, minor arterials, collectors, highways and
parkways. See Section 157, Open Space.

117.119 Manufactured (Mobile) Home Park: A parcel of land in which spaces are rented or leased for placement
of two or more manufactured (mobile) homes. See Section 151, Special Regulations for Manufactured (Mobile)
Home Parks.

117.120 Mayor: Mayor (Chief Executive) of the City of Oxford.

117.121 Medical and Dental Facilities:
1. Dental Office or Doctors Office: A facility for the examination and treatment of patients with no
more than three (3) practitioners. 15 2. Convalescent, Rest, or Nursing Home: A health facility where persons are housed and furnished
with medical and/or nursing care. 3. Clinic, Medical: A building or portion of a building containing the offices and associated
facilities of one (1) or more practitioners providing medical, dental, psychiatric, osteopathic,
chiropractic, physical therapy or similar services for outpatients only, with or without shared or
common spaces and equipment. 4. Hospital: An institution where sick or injured persons are given medical care and in the course of
same may be housed overnight, fed and provided nursing and related services. 5. Public Health Center: A facility primarily utilized by a health unit for the provisions of public
health services.
117.122 Mobile home: See Dwelling, Mobile Home.

117.123 Mobile home park: A parcel of land under single ownership, which has been planned and improved for
placement of mobile homes for non-transient use.

117.23a Moving Permit: A permit, which a person shall obtain from the Building Official, granting permission to
said person to move or relocate a building or structure.

117.124 New Construction: The first placement of permanent construction on a site, such as the pouring of slabs
or footings, or any work beyond the stage of excavation. For a structure without a basement or poured footings, the
start of construction includes the first permanent framing or assembly of the structure or any part thereof or its
pilings or foundation, or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent
construction does not include land preparation, land clearing, grading, filling, excavation for basements, footings,
piers or foundations, erection of temporary forms, installation of sewer, gas and water pipes, or electric or other
service lines from the street, or existence on the property of accessory buildings such as garages or sheds, not
occupied as dwelling units or not a part of the main structure.

117.125 Nonconforming Lot: A lot, the area, width, or other characteristic of which fails to meet requirements of
the zoning district in which it is located and which was conforming ("of record") prior to enactment of the Land
Development Code.

117.126 Nonconforming Use: A structure and/or parcel of land lawfully occupied by a use that does not conform
to the regulations of the district in which it is situated at the time of the passage of this Code.

117.127 Nursing Home: See Medical and Dental Facilities.

117.128 Open Space: An area of land upon which no structures shall be erected.

117.129 Open Space, Common: A parcel or parcels of land not occupied by dwellings or other buildings,
driveways, or parking areas, which is available to, accessible to, and 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.

117.130 Open Storage: A depository or place for storing goods related to the establishment on the same premises
and not located within a building.

117.131 Overlay District: A set of zoning requirements that is described in the Code text, is mapped, and is
imposed in addition to those of the underlying district. Developments within the overlay District must conform to
the requirements of both Districts or the more restrictive of the two.
16 117.132 Owner: Any person having a sufficient proprietary interest in the land sought to be subdivided or rezoned
to commence and maintain proceedings to subdivide or rezone same according to the provisions specified in this
Code.

117.133 Parking Lot: The area and/or parking spaces required by this Code in a specific district designed and used
for parking automobiles, vehicles, and loading. The parking area shall exclude fire lanes, as defined in the Standard
Fire Prevention Code.
117.134 Parking Space: A space located on private or public property sufficient in size to store one (1) automobile
and meeting the requirements of this Code and the Disabled Persons Parking Code. For purposes of this Code, a
parking space shall be computed at three hundred (300) square feet, which includes the parking stall and circulation
area.

117.135 Permit: Written governmental permission issued by an authorized official, empowering the holder thereof
to do some act not forbidden by law, but not allowed without such authorization.

117.136 Permitted Use: That use of a lot, which is among the uses as a matter of right under the zoning
classification.

117.137 Planning Commission: The Oxford Planning Commission as established and appointed by the Governing
Authorities of the City of Oxford, MS.

117.138 Planning and Development, Director of: That person designated by the Mayor and ratified by the Mayor
and Board of Aldermen who is responsible for the activities and functions of the Department of Planning and
Development, or their designated representative, and the chief technical planning advisor to the Oxford Planning
Commission and to the Governing Authority, or their designated representative.

117.139 Planning Department: The staff of the Oxford Planning and Development Department.

117.140 Planned Unit Development (PUD): A land tract in which a multiplicity of land uses may be permitted
including single-family residential, multi-unit residential, public use and compatible commercial use, 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. The cluster development concept may be used
under Planned Unit Development regulations. See Section 150, Planned Unit Development (PUD) Regulations.

117.141 Plat: A map, plan or layout showing land subdivision information required by the Land Development
Code.

117.142 Plumbing Code: The current Standard Plumbing Code, International Building Code, as adopted by the
Governing Authorities.

117.143 Premises: Land together with structure or structures occupying it.

117.144 Private Drive: A driveway located on a lot which serves only that lot, and which shall not be a private
street.

117.145 Public Use: A use owned and/or operated by a Government Authority (City, County, State, Federal) for
the benefit and well being of the general public.

117.146 Public Works, Director of: That person designated by the Mayor and ratified by the Mayor and Board of
Aldermen who is responsible for the activities and functions of the Department of Public Works, or their designated.
17 117.147 Public or Private Utility: Any person, firm, corporation, municipal department or board duly authorized
under State or municipal regulations to furnish such public services as electricity, gas, water, sewer, telephone,
television cable, telegraph, transportation or other public services to its subscribers or customers.

117.148 Recreational Vehicle: A vehicular type portable structure without permanent foundation, which can be
towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and
travel use and including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor
homes.

117.149 Residential Structure: A building or portion thereof designed or used exclusively for residential
occupancy but not including hotels, motels, and motor lodges.

117.150 Restaurant: A business establishment whose primary service is the providing of prepared food for patrons
for consumption on the premises or for take out. Beverages containing alcohol may also be sold and consumed
within the confines of the structure in conjunction with the food service and shall meet Mississippi Code 67-1-5 and
City Ordinances.

117.151 Schools: A public or private institution at which persons are instructed in the specifics of learning; for
purposes of this Code including kindergarten through grade 12, but does not include business schools, colleges, or
universities.

117.152 Semi-Public Use: A use owned, operated and/or maintained by a private, eleemosynary institute or other
group generally for the benefit of a selected public group and the community (i.e. religious group).

117.153 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.

117.154 Shopping Center: A group of retail businesses, zoned S-C, to include restaurants and other businesses
having a common parking area, ownership and/or management.

117.155 Sidewalk: A paved, surfaced or leveled area, usually paralleling and separated from the street, used as a
pedestrian walkway.

117.156 Sign:
1. Business sign: A sign, which directs the attention of the general public to a business, product,
service or activity, conducted upon the premises where such sign is located. Business signs shall
be classified as an accessory business use and shall be permitted in all commercial and industrial
zones. Business signs shall only be allowed on the premises upon which such business is located
and any other type of off-premises business sign, other than shopping center entrance signs and
outdoor advertising signs, is prohibited. Outdoor advertising signs shall be permitted only in the
industrial zone. Erection of any business sign or outdoor advertising sign in any residential or
agricultural zone, except as provided in this Ordinance, shall be prohibited.
2. Commercial banner: Any type of cloth, fabric or other material normally displayed between
poles, attached to buildings or other supports which advertises any business, product, goods or
service, but not to include "public service" banners.
3. Commercial flag: Any type of cloth, fabric or other material normally displayed on a pole, staff
or by other means which displays a business name, logo or other type of commercial message
regarding a business or product, but not to include commercial banners
4. Erect: Means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any
other way bring into being or establish a sign. The term "erect" shall not mean a change in the
advertising message or customary maintenance and repair. 18
5. Flashing sign: A sign, the illumination of which is not constant in intensity when in use, except
that illuminated signs which indicate time, date, temperature or other public service information,
shall not be considered to be flashing signs. This shall include traveling messages, or any other
electronic or mechanical movement of the message.
6. Freestanding sign: Any sign supported by supports which are placed on or anchored in the
ground and which is independent from any building or other structure.
7. Incidental signs: Business signs customary and incidental to the business conducted on premises
such as "Self Service," "Master Charge," "Visa," or any other type of sign erected within any
building.
8. Outdoor advertising sign: A sign which directs the attention of the general public to a business, product, service or activity not conducted upon the premises where such sign is located, and
commonly known as "billboards."
9. Pennant: Any type of cloth, fabric or other material normally displayed on poles, strings, wires or
by other means which contains distinctive colors, patterns or shapes and contains no business
name, logo or other type of commercial message.
10. Portable signs: Any business sign or outdoor advertising sign not permanently attached to a
building, post, or other type of foundation and which is capable of being moved by means of
lifting or rolling on wheels with a minimum of difficulty by disconnection of wiring, bolts, or
other anchors.
11. Projecting sign: Any sign attached to a building, which projects outward from the building,
normally at a ninety-degree angle.
12. Sign: Any outdoor display, device, figure, painting, drawing, message, plaque, poster, billboard,
or other thing which is designed, intended to be used to advertise or inform, any part of the
advertising or information contents of which is designed to be primarily viewed from any place on
the traveled way of a street or highway.
13. Sign area: The entire width within a single, continuous perimeter enclosing the outer dimensions
of the actual message or copy area. It does not include decorative trim, customary extensions or
embellishments nor any structural elements outside the limits of such display surface and not
forming an integral part of the display. For double-face or V-type sign structures, only one (1)
display face shall be counted in computing the actual sign area.
14. Temporary signs: Any business sign or outdoor advertising sign not intended to be permanently
located on the premises and usually advertising property "for sale," "for lease," "for rent," and
including construction signs advertising the nature of new construction or remodeling of
buildings, structures, or other facilities. Such signs shall not be construed to be a "portable sign" as
defined above. 117.157 Site Plan Review Committee: As established by the Land Development Code, its purpose shall be to
utilize to the fullest extent possible its individual and collective technical expertise, to coordinate and expedite the
review, processing and pre-hearing procedures as they may apply to the Land Development Code, and all
development and building codes and all applicable City Codes.

117.158 Slum Area: Slum Area shall mean an area in which there is a predominance of buildings or improvements,
whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate
provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the
existence of conditions which endanger life or property by fire and other causes, or any combination of such facts or 19 conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental
to the public health, safety, morals or welfare. Mississippi State Law 43-35-3, as amended.

117.159 Space Satellite Receiving Systems: A structure, which receives audiovisual wave frequencies from earth
orbiting communications satellites. These satellite systems shall be considered as an accessory use.

117.160 Special Exception: A use that would not be appropriate generally or without restriction throughout the
zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote
the public health, safety, general welfare, morals, order, comfort, convenience, appearance, or prosperity for the
district or city at large; or a use that has been determined legal or equitable by a court of competent jurisdiction.
Such uses may be permitted in such zoning districts as special exceptions, if specific provisions for such special
exemptions is made in such zoning district. See Section 124, Special Exceptions.

117.161 Stable: An accessory building for the keeping of livestock owned by the occupants of premises and not
kept for remuneration, hire or sale, and not to exceed one (1) animal over two hundred (200) pounds per forty
thousand (40,000) square feet of open space.

117.162 Story: That portion of a building, other than a basement, included between the surface of any floor and the
ceiling next above it.

117.163 Street, Arterial:
1. Major Arterial: A street with access control, channelized intersections, restricted parking, and
which collects and distributes traffic to and from minor arterials. Shall have a minimum right-of-
way of one hundred and twenty (120) feet. 2. Minor Arterial: A street with signals at important intersections and stop signs on the side streets,
and which collects and distributes traffic to and from collector streets. Shall have a minimum
right-of-way of one hundred (100) feet.
117.164 Street, Collector: A street designed to facilitate traffic movement between minor arteries and minor
streets and indirect access to abutting properties. Shall have a minimum right-of-way of eighty (80) feet.

117.165 Street, Cul-de-sac, Court, or Dead-end Street: A short street of a maximum of eight hundred (800) feet
in length having one end open to traffic and the other permanently terminated by a vehicular turn-around.

117.166 Street, Curb Line Radius: The radius used to join two (2) intersecting streets or the curve of a street.

117.167 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 responsible political entity in which the street is located and is so dedicated and recorded in the
Office of the County Chancery Clerk.

117.168 Street Grade: The officially established grade of the street upon which a lot fronts. If there is no officially
established grade, the existing grade of the street at the center of the street shall be considered as the street grade.

117.169 Street, Half: One half (1/2) of the right-of-way of a street.

117.170 Street, Intersection: The place where a street joins or crosses another street at an angle.

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

117.172 Street, Minor: A street designed primarily to provide access to abutting properties. Shall have a minimum
right-of-way of fifty (50) feet. 20 117.173 Street, Private: Any private way which is platted as a principal means of access for abutting properties but
which is not dedicated for public use. Maintenance shall be the responsibility of the adjoining property owners.

117.174 Street, Public: Any way or place, which is dedicated and accepted for public use, which provides the
principal means of access for abutting properties. A public street shall be constructed to City specifications and
accepted by the City prior to dedication.

117.175 Street or Alley, Vacated: A dedicated right-of-way which has been officially closed and abandoned by
Ordinance by the Governing Authority, and said right-of-way is divided equally between adjacent properties.

117.176 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, structures include billboards, mobile homes, walls,
swimming pools, and fences, but do not include marquees, canopies, service or dispensing facilities, whether free
standing or attached.

117.177 Structural Alterations: Any change in the roof, exterior walls or supporting members of a building.

117.178 Sub-divider: Any person, firm, partnership, corporation or other entity acting as a unit, and subdividing or
proposing to subdivide land as herein defined.

117.179 Subdivision: The division of a lot, tract, or parcel of land into three (3) or more lots, plats, sites, or other
divisions of land for the purpose, whether immediate or future, of sale or building development by means of an
appropriately recorded legal document.

117.180 Substantial Improvement: Any repair, reconstruction or improvement of a structure, the cost of which
equals or exceeds fifty (50) percent of the actual cash value of the structure either (1) before the improvement is
started, or (2) if the structure has been damaged and is being restored, before the damage occurred. Substantial
improvement is started when the first alteration of any structural part of the building commences.

117.181 Surveyor, Registered Land: Shall mean a registered land surveyor licensed in the State of Mississippi.

117.182 Swimming Pool Code: The Standard Swimming Pool Code of the International Building Code, as adopted
by the Governing Authorities.

117.183 Tearoom: A restaurant facility that generally serves tea, coffee and light lunches.

117.184 Townhouse: Any individual dwelling unit contained within a multi-unit structure, such unit normally
being two (2) stories in height.

117.185 Traffic, Through: The continuous movement of traffic from one general area to another general area.

117.186 Travel trailer: A vehicular, portable structure designed to be used as a temporary dwelling for travel,
recreational and vacation uses. For the purpose of this Ordinance, travel trailer includes pickup coach, motor home,
recreational vehicles, and camping trailers.

117.187 Travel trailer parking area: A parcel of land on which two (2) or more spaces are occupied or intended
for occupancy by trailers, motor homes, or campers intended for transient dwelling purposes. ,

117.188 University/College/Business School: An institution at which persons are instructed in vocational, career
and academic learning for preparation for employment and education for persons 15 years old and older. Post
secondary education. Example: University of Mississippi, Northwest Community College, or private business
college.

117.189 Reserved. 21
117.190 Variance: A modification of the literal provisions of this Code which the Board of Adjustment and/or the
Mayor and Board of Aldermen is permitted to grant when strict enforcement of said provisions would cause undue
hardship (such hardship cannot be self created or of an economic nature) owing to circumstances unique to the
individual property on which the variance is sought.

117.191 Veterinary Clinic/Hospital:
1. Veterinary Clinic/Hospital - Small Animals: A commercial facility where sick or injured small
animals of less than two hundred (200) pounds are given medical care, and in the course of same
may be housed overnight, fed, and provided related services. This shall not include temporary
boarding.
2. Veterinary Clinic/Hospital - Large Or Farm Animals: A commercial facility where sick or
injured animals are given medical care and in the course of same may be housed overnight, fed,
and provided related services, including temporary boarding.
117.192 Vicinity Map: A map of the general surrounding area indicating the location of the property being
subdivided.

117.193 Water Supply System: Any system approved by the State Health Department and City of Oxford which
provides a source, means or process of supplying potable water.

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

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

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

117.197 Yard, Side: A yard between the building (from the building foundation line) and the side line of the lot
and extending from the front building line to the rear building line and being the minimum distance between a side
lot line and the outside wall of the side of the main buildings.

117.198 Zero lot line project: The development of land into individual building sites whereby single-family
detached dwellings are to be constructed with one (1) or more walls of such dwelling located upon or in close
proximity to a side of rear lot line. Zero lot line dwellings are often referred to as "patio homes."

117.198 Zoning Map: The official zoning map or maps which are a part of the Land Development Code and
delineate the boundaries of the zoning districts.

(Ord. No. 2005-13

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