1.

It is the purpose of this ARTICLE to prescribe the legal means and procedures for administering this Ordinance, and to define the scope of jurisdiction for the various officials and bodies charged with the administration and enforcement of this Ordinance. .

2.

The provisions of this Ordinance shall be applicable to all property within the incorporated limits of Horn Lake, Mississippi, as provided by Section 17-1-3 of State of Mississippi Code.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Ordinance, the proper authorities, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, and/or to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

Any owner, occupant, lessor, lessee, tenant, manager, licensee, or other person having control over or use of a building, structure, or parcel of land who causes, permits, facilitates, or aids or abets any violation of any provision of this Ordinance or fails to perform any act or duty required by this Ordinance shall be guilty of a misdemeanor and may be fined in an amount not exceeding One Thousand Dollars ($1,000) and/or imprisoned for a term not exceeding ninety (90) days. Any violator found guilty of a second or subsequent violation of this ordinance shall be fined a minimum of Two Hundred Fifty Dollars ($250) for each such violation. Each day a violation of any provision of this Ordinance or a failure to perform any act or duty required by this Ordinance exists shall constitute a separate offense or violation.

A citation of this ordinance may be served by personal service, or by United States registered return receipt or certified return receipt, postage prepaid mail addressed to the violator, or by any other commercial delivery service which can confirm delivery of the citation. If the addressee refuses to accept delivery and it is so stated in the return receipt of the United States Postal Service or commercial delivery service, the written return receipt, if returned and filed with the Court, shall be deemed an actual and valid service of the citation. The United States Postal Service or commercial delivery service notation that a properly addressed citation is "unclaimed," "refused," or other similar notation, is sufficient evidence of the addressee's refusal to accept delivery. Service by mail or commercial delivery service is complete upon the addressee's receipt of the citation or the addressee's refusal to accept delivery.

No building permit shall be required for erection, construction, reconstruction, conversion, alteration, enlargement, extension, razing, or moving a farm building or structure as herein defined except as may be required by the Flood Plain Management Ordinance. Prime responsibility for securing the necessary permits shall be the property owner. However, if the property owner should contract part or all of the proposed work, it shall become the responsibility of the person, or firm, hired to ensure that all required permits and approvals have been secured prior to any work being initiated.

1.

Before a building permit is issued in any commercial or industrial zone district for any structure other than an accessory building or an addition to an existing building on the same lot, the owner or developer shall be required to improve one-half of any City road which the property adjoins in accordance with the City's Subdivision Regulations.

2.

Blank forms shall be provided by the Zoning Administrator for the use of those applying for building permits as provided in this Ordinance. Any building permits issued by the Zoning Administrator shall be on standard form for such purpose and furnished by the Governing Authority.

3.

A careful record of all such applications, plans and permits shall be kept in the office of the Zoning Administrator. The Governing Authority shall establish fees for the issuance of building permits.

5.

Any building permit under which no construction work has been commenced within six (6) months after the date of issuance of said permit or under which proposed construction has not been completed within two years of the time of issuance shall expire by limitation.

6.

Subsequent to the effective date of this Ordinance, no change in the use or occupancy of land nor any change of use or occupancy in an existing building other than for single-family dwelling purposes shall be made, nor shall any new building be occupied until the Zoning Administrator has issued a Certificate of Occupancy. Every Certificate of Occupancy shall state that the new occupancy complies with all provisions of this Ordinance. No permit for excavation for or the erection or alteration of any building shall be issued before the application has been made and approved for a Certificate of Occupancy and no building or premises shall be occupied until such Certificate and permit is issued. A record of all Certificates of Occupancy shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such Certificate of Occupancy, if such inspection indicated compliance with this Ordinance.

7.

In case any building or structure is erected, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation, the proper authorities in addition to other remedies may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land or to prevent any illegal act, conduct, business, or use in or about such premises.

1.

Nothing contained in this Ordinance shall be deemed to consent, license, or permit to use any property or to locate, construct, or maintain any building or structure, or to carry on any trade, industry, occupation or activity.

1.

Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, special permit, variance, development permit, or other permit issued under any zoning ordinance previously in effect or from any other local state or federal ordinance or statute.

1.

Where the conditions imposed by any provisions of this Ordinance upon the use of land or buildings or upon the height or bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this ordinance or of any other law, resolution, ordinance, rule or regulation of any kind, the regulations which are more restrictive shall apply.

2.

This Ordinance is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this Ordinance are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements of this Ordinance shall govern.

1.

It is the intent of the City that this Ordinance be consistent with the City's Comprehensive Plan (2003), and as amended. It is further the intent of the City that all subsequent amendments to this Ordinance following its adoption shall also be consistent with the Comprehensive Plan (2003), and as amended.

1.

The text of this Ordinance shall be comprehensively reviewed by a Zoning Ordinance Review Committee appointed by the Planning Director every five (5) years after its effective date. This review shall include, but not be limited to, consistency with the Comprehensive Plan, and applicability to current land use and development techniques.

2.

The Planning Director shall forward recommendations for text amendments to this chapter to the Planning Commission for public hearing. Proposed amendments and the recommendations of the planning director and Planning Commission shall be transmitted to the Governing Authority for public hearing and final action.

1.

No building or structure shall be constructed on any lot that does not conform to the provisions of the Subdivision Regulations of the City of Horn Lake.

1.

Any land annexed into the City of Horn Lake following enactment of this Ordinance shall bear the zoning classifications of DeSoto County and be subject to the zoning regulations of Desoto County until due public notice of hearings is given to consider the zoning of all or part of such annexed land in accordance with Zoning Ordinance of the City of Horn Lake. Following such public hearings and action by the Governing Authority, the annexed land shall be subject to the regulations of this Ordinance rather than those of DeSoto County.

1.

The provisions of this Ordinance are cumulative with additional limitations imposed by all other laws and ordinances, heretofore, passed or which may be passed hereafter, governing any subject matter appearing in this Ordinance.

1.

The omission of any specific use, dimension, word, phrase, or other provision from this Ordinance shall not be interpreted as permitting any variation from the general meaning or intent of this Ordinance, as commonly inferred or interpreted. Should questions arise as to such intent or meaning, the interpretation of the Zoning Administrator shall apply.

1.

Failure to enforce any provision of this Ordinance shall not constitute a waiver nor imply that the action is legal.

1.

Should any Article, Paragraph, Clause, or Phrase of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so held to be unconstitutional or invalid.

1.

Upon the effective date of this ordinance, the following ordinances shall stand repealed: #93-12-34, #97-02-65, #97-11-69, #98-06-78, #01-04-107, #01-06-108, #03-03-121, #04-09-137, #04-12-142, and the provisions of all prior ordinances which are in conflict herewith or inconsistent with the provisions of this ordinance.

1.

Coordinate all matters relating to this Ordinance with members of the Planning Commission, Governing Authority and other officials as deemed necessary.

2.

Provide information and application forms to the public on matters relating to zoning.

3.

Maintain the Official Zoning Map.

4.

Attend Planning Commission and Governing Authority meetings to present information helpful to those bodies in carrying out their assigned functions.

5.

Advertise public hearings as required by this Ordinance.

6.

Keep records pertaining to all development matters related to this Ordinance.

7.

Provide administrative interpretation and enforcement as needed.

1.

In the event there is a question as to the general intent or specific meaning of any provision of the Zoning Ordinance text, or of the boundaries or zone district designations or other matters relating to the Official Zoning Map, the Zoning Administrator shall have the power to make such administrative decisions and interpretation. Such decisions and/or interpretations shall be in writing.

2.

Appeals from the administrative interpretation by the Zoning Administrator shall be as provided in the ARTICLE.

1.

A Planning Commission is hereby created. The Governing Authority shall appoint the Commission for a term of office concurrent with the term of office of the Governing Authority. Vacancies shall be filled for the unexpired term of any member.

2.

Planning Commission shall have the following powers and duties:

a.

The Planning Commission shall hold public hearings on all matters relating to this Ordinance which require such hearings (except appeals to the Governing Authority), including:

1.

Applications for conditional use permits;

2.

Proposed amendments to the Official Zoning Map (i.e. rezonings);

3.

Proposed amendments to the text of this Ordinance;

4.

Appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administration in the enforcement of this Ordinance.

5.

Variances to the Zoning Ordinance.

b.

The Planning Commission shall review all site plans where such plans are required and their decision shall be the final decision unless appealed to the Mayor and Board of Aldermen. All appeals shall be filed within ten days of the decision at a fee of fifty (50) dollars.

c.

In accordance with the Subdivision Regulations of the City of Horn Lake, Mississippi, the Planning Commission shall review all plans for the division of land (i.e. Preliminary Plats), and make a recommendation on same to the Governing Authority.

d.

The Planning Commission shall review all Master Development Plans associated with Planned Unit Developments and make a recommendation on same to the Governing Authority.

e.

The Planning Commission shall interpret the provisions of this Ordinance in such a way as to carry out the intent and purpose thereof as applicable to the Official Zoning Map where the street layout on the ground varies from the street layout as shown on this Zoning District Map.

f.

The Planning Commission may permit the extension of a zone district line where the district line thereof divides a lot held by a single ownership at the time of adoption of this Ordinance.

g.

The Planning Commission shall review all requests for variances to the Zoning Ordinances and their decision shall be final unless appealed to the Mayor and Board of Aldermen. All appeals shall be filed within ten days of the decision at a fee of fifty (50) dollars.

4.

Rules of conduct for the City of Horn Lake Planning Commission:

a.

The Planning Commission shall adopt rules for the conduct of its business, establish a quorum and procedures, and keep a public record of all findings and decisions. Meetings of the Commission shall be at the call of the Chairman and at such other times, as the Commission shall determine.

b.

The secretary of the Planning Commission shall report all recommendations to the Governing Authority regarding subdivision plats, planned developments, conditional uses, rezoning, amendments to the Zoning Ordinance text, and appeals through the Minutes of the Planning Commission.

c.

In accordance with Section 25-41-5 of the Mississippi Code of 1972, As Amended, all meetings of the Planning Commission shall be open to the public at all times unless an executive session is declared.

d.

No member of the Planning Commission shall participate in the hearing of the singular item nor vote on any matter before the Commission in which he has a personal interest.

1.

The Governing Authority of the City of Horn Lake, Mississippi shall have the final authority with regard to all matters involving the Zoning Ordinance. The duties of the Governing Authority shall include, but not necessarily be limited to:

a.

Shall hear and decide appeals from actions of the Planning Commission;

b.

Acting upon all applications for conditional use permits upon receipt of a recommendation for same from the Planning Commission;

c.

Acting upon all applications for rezoning upon receipt of a recommendation for same from the Planning Commission;

d.

Acting upon all proposed amendments to the text of the Zoning Ordinance upon receipt of a recommendation for same from the Planning Commission;

e.

Accepting, rejecting, or conditionally approving final subdivision plats upon receipt of a recommendation for same from the Planning Commission; and

f.

Appointing members of the Planning Commission.