(Res. No. 07-16-11, 7-9-2011; Ord. No. 17-03-247, § 3, 3-21-2017; Ord. No. 18-05-252, § 3, 5-15-2018; Ord. No. 19-09-260, § 5, 9-17-2019; Ord. No. 21-03-272, § 2, 3-2-2021; Ord. No. 21-03-372, § 2, 3-2-2021; Ord. No. 23-10-293, §§ 2, 3, 10-3-2023)

(Ord. No. 23-10-293, § 4, 10-3-2023; Ord. No. 24-12-304, § 2, 12-17-2024; Ord. No. 25-02-307, § 2, 2-4-2025)

Footnote #1 Adult entertainment including adult arcade, adult bookstores, adult cabaret, adult motion picture theater, massage parlors, bathhouses and similar uses under the following conditions:

1.

An adult entertainment business may not locate within 1,000 feet of:

(a)

A church, synagogue or regular place of religious worship;

(b)

A public or private elementary or secondary school;

(c)

A boundary of any residential zoned district or any residential structure, which is occupied as a residence within or without a zoned area;

(d)

A public park;

(e)

A licensed day-care center;

(f)

A library;

(g)

Another adult entertainment business.

2.

An adult entertainment business may not be operated in the same building, structure, or portion thereof, containing another adult entertainment business.

3.

For the purpose of this ordinance, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult entertainment business is located, to the nearest property line of the premises of a church, synagogue, regular place of worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot, library or licensed day care center.

4.

For purposes of item 1(g) above, the distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

Footnote #2 Recycling collection center in a completely enclosed building, is permitted provided there is no shredding, compacting, recycling or any other manufacturing process.

Footnote #3 In the Agricultural District: Beauty and barber shops are permitted provided not more than one (1) person is employed, and not more than one (1) sign with a maximum area of four (4) square feet is erected.

Footnote #4 Cabinet shops and woodworking shops are permitted, provided there are no more than five (5) employees and no objectionable noise or other conditions detectable from surrounding properties.

Footnote #5 Commercial guest ranches, hunting and fishing resorts and incidental facilities, including swimming pools, restaurants, incidental retail sales and services, and personal services are permitted, provided they are located on sites containing not less than fifty (50) acres.

Footnote #6 Home occupations:

1.

No person other than members of the family residing on the premises shall be engaged in such occupation.

2.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

3.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

4.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off street and other than in a required front yard.

5.

No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

6.

No wholesale or retail establishment shall be permitted unless it is conducted entirely by mail or telephone and does not involve the receipt, sale, shipment, delivery or storage of merchandise on or from the premises, provided, however, that articles produced by members of the immediate family residing on the premises may be stored upon the premises.

7.

There shall be no storage outside a principal building or accessory structure of equipment or materials used in the home occupation.

8.

The home occupation shall be conducted entirely within the principal residential building or in a private garage accessory thereto.

9.

There shall be no group instruction in connection with the home occupation.

Footnote #7 Veterinary clinics shall not have open kennels on site.

Footnote #8 In the (O) Office and (C-1) Neighborhood Commercial Districts: Small scale research laboratories may not exceed one thousand five hundred (1,500) square feet of floor area nor utilize more than fifteen (15) employees on the job at any one (1) time.

Footnote #9 Machine shop and sheet metal shop with no more than five (5) employees and no objectionable noise or other conditions detectable from surrounding properties.

Footnote #10 Extraction of minerals, including sand and gravel, provided that:

1.

A bond is posted by the party mining such minerals to guarantee the refill of the pit within six (6) months after excavation is completed so all banks have not more than a three (3) to one (1) slope, and to guarantee that city streets will be properly cared for to deter dust and damaged streets will be returned to city specifications within six (6) months after excavation is completed.

2.

No material is extracted within one hundred (100) feet of the centerline of the city street or within fifty (50) feet of any property line.

3.

No washing of gravel is permitted unless a filtration system, approved by the city engineer, is provided to prevent pollution of nearby streams.

4.

No city streets will be used to haul minerals unless permission is granted by the mayor for the use of such road.

Footnote #11 Mini-warehouses under the following conditions:

1.

The site must be no more than five (5) acres.

2.

The minimum distance between buildings shall be twenty five (25) feet.

3.

One (1) parking space for each fifty (50) compartments must be provided.

4.

All driveways, parking, loading and vehicular circulation areas shall be paved.

5.

A minimum six-foot high fence shall be erected, the composition of which shall be approved by the planning commission at the time of site plan review. A portion of the fifty-foot front yard setback requirement may be waived for fences at the discretion of the planning commission.

6.

Only one (1) sign, meeting the requirements of chapter 5 of this title is allowed.

7.

Only dead storage will be allowed; no transfer and storage business will be allowed.

8.

No explosives, radioactive or other hazardous material will be stored on the premises.

Other conditions deemed necessary and appropriate by the planning commission and board of aldermen to uphold the intent of the comprehensive plan may be attached to any approval, including but not limited to lighting, screening, landscaping, architectural design, and live-in managers. Along with the application, the applicants must submit to the planning commission staff a development plan showing the proposed buildings in relation to the property, ingress and egress, and architectural drawings of the buildings.

Footnote #12 Mobile home parks, provided that a site plan meeting the following criteria is submitted with the application:

1.

Each lot provided for the occupancy of a single trailer or mobile home unit shall have an area of not less than five thousand (5,000) square feet and width of not less than fifty (50) feet. No trailer, structure, addition or appurtenance thereto shall be located less than ten (10) feet from the nearest adjacent lot boundary.

2.

All sewage disposal facilities and water supply facilities must be approved by the state board of health. Regular garbage and refuse pickup service must be provided at each trailer court. Permanent facilities for washing and laundering may be required to meet the state board of health requirements. Adequate storm water drainage must be provided before occupancy and in a manner not to be objectionable to adjacent property owners. No site subject to flooding shall be approved.

3.

All vehicular road entrances must be approved by the city engineer for safety access. Each trailer site shall abut a hard surfaced driveway, roadway or street of not less than thirty (30) feet in width, which shall have unobstructed access to a public highway or street. Space between trailer may be used for parking of motor vehicles if the space is hard surfaced and clearly designated at least five (5) feet from the nearest adjacent lot boundary. When such off-street parking spaces are provided, the driveway, roadway or street serving the lot shall not be less than twenty-four (24) feet in width. A street plan satisfactory to the board of adjustment must be approved prior to construction with streets paved and culverts in place before occupancy.

4

Electrical facilities provided to each lot must meet the National Electrical Code requirements. One (1) streetlight must be provided for each ten (10) trailer lot spaces, or portion thereof within the court.

5.

Each trailer court providing more than four (4) trailer spaces must provide suitable fended playground area of not less than three hundred (300) square feet for each trailer space.

6.

In approving a trailer court site, there may imposed such reasonable requirements as to screening and other features of the development as are deemed necessary to protect adjacent property and prevent objectionable conditions. a twenty-five foot landscaped area shall be provided around the entire perimeter of a mobile home park adjacent to any residential dwelling district.

7.

After completion of improvements and prior to opening the mobile home park, a final plat shall be submitted in accordance with procedures outlined in the subdivision regulations. Such plats need not be recorded in the chancery clerk's office but must be approved by the planning commission and board of aldermen and filed in the plat book in the planning commission office.

8.

Each mobile home shall be provided with anchors and tie-downs such as cast-in-place concrete deadman eyelets imbedded in concrete slabs, screw augers, arrowhead anchors or other devices to be used to stabilize the mobile home.

9.

Standards for manufactured housing used as dwellings:

a)

No existing properly zoned real property upon which existing manufactured housing units are located shall replace such units with different units more than five years old from date of manufacture.

b)

All new manufactured housing placed in allowable areas shall be no more than five years old from date of manufacture.

c)

Skirting and permanent perimeter enclosures shall be installed out of material suitable for exposure and contact with the ground and shall be constructed out of non-flammable materials such as metal or fiberglass.

d)

No structural additions or accessory buildings shall be constructed either attached to or independently constructed to appear attached to, as living space. This shall not include porches, decks, roofs or carports.

e)

Required to follow current adopted fire safety codes and regulations for the City of Horn Lake.

Footnote #13 Mobile home sales, service, repair and storage facilities including camping trailers, tents, and touring vans, but not including a mobile home park or trailer park and not allowing storage of damaged mobile homes.

Footnote #14 In all Commercial Districts (C-1, C-3 & C-4): Temporary use of prefabricated buildings or mobile homes for any permitted or conditional uses listed above. However, the use of prefabricated buildings for storage shall not require a conditional use. No conditional use shall be granted for a period exceeding two (2) years. No trailer shall be allowed under any circumstances.

Footnote #15 Model home, including sales offices, located within developing subdivisions, to be used for the promotion of original sales of lots and houses within that subdivision only.

Footnote #16 Motels, resorts and incidental facilities, including swimming pools, restaurants, incidental retail sales and services, and personal services, provided they are located on sites containing not less than four (4) acres.

Footnote #17 Motor vehicle service and repair. Salvage or junk, and any major repair or storage of equipment or materials or damaged vehicles shall be completely concealed from surrounding properties and no more than five (5) junk vehicles shall be stored on the property at any one time. Fences utilized for this purpose shall be solid and of uniform construction and color and of sufficient height to completely conceal the vehicles. Three (3) junk vehicles may be stored on the property without being concealed for a period not to exceed one hundred twenty (120) days.

Footnote #18 Print shops not exceeding one thousand (1,000) square feet nor three (3) employees on the job at any one (1) time.

Footnote #19 Processing and manufacturing incidental to retail establishment located in the same building but which create no noticeable obnoxious effects to surrounding property owners or tenants and provided there are no more than three (3) employees involved in such processing.

Footnote #20 Wholesale merchandising and storage warehouse not exceeding eight thousand (8,000) square feet in floor area and not employing more than ten (10) persons on the premises at any one (1) time.

Footnote #21 a) In the Agricultural (A) District Privately operated outdoor recreational facilities which are not allowed as a permitted use above, including but not limited to riding stables, lakes, swimming pools, tennis courts, stock-car race tracks, motor cross and miniature golf courses, provided they are located on sites containing not less than five (5) acres.

Footnote #22 In the Office District, retail shops, sales and services such as bookstore, florist shop, photographer's studio and similar uses as accessories to office uses with a maximum floor area not to exceed two thousand five hundred (2,500) square feet per use.

Footnote #23 Temporary businesses:

1.

Must be at least twenty (20) feet from the curb;

2.

A minimum of eight (8) off-street parking spaces must be available (in addition to the spaces required for any other business on the property);

3.

Sanitary toilet facilities must be available, usable and within one hundred fifty (150) feet of the temporary business. If temporary toilet facilities must be utilized, the DeSoto County health department must approve them;

4.

If any food is to be dispensed to the public, the necessary sanitary facilities shall be provided in accordance with the requirements of the Desoto County health department;

5.

A certificate of occupancy is required and must be obtained and kept on the premises;

6.

A transient vendor's license must be obtained from the business license department.

Footnote #24 Wrecker services and temporary storage of junk cars, provided:

1.

There are no more than twelve (12) junk cars on the property at any one (1) time, with no more than three (3) within view from surrounding property.

2.

Fences used to conceal junk cars shall be solid and of uniform construction and color and of sufficient height to completely conceal the vehicles from view.

3.

Vehicles shall only be stored temporarily and no parts shall be removed or salvaged.

Footnote #25 A fenced recreational area of not less than four thousand (4,000) square feet shall be provided for the first twenty (20) or less children with two hundred (200) square feet for each additional child.

1.

No portion of the fenced recreational area shall be closer than twenty (20) feet to any residential lot line, nor closer than fifty (50) feet to any public street.

2.

Screening, either vegetative or masonry, shall be provided between fenced recreational and residential lot in such locations as directed by the City of Horn Lake Design Guidelines Manual.

3.

All outdoor play activities shall be conducted within the fenced play area.

3.

In addition to the above requirements, the facilities, operation and maintenance shall meet the requirements of the State of Mississippi.

Footnote #26 Yard Sales—Garage sales shall be limited to three (3) days per month and a total of five (5) days per year. Any part of any calendar day shall be counted as one (1) day. No signs shall be posted on public utility poles or traffic signs. Signs shall be removed the night of the last day of sale. Failure to remove signs may result in a citation to court.

Footnote #27 Accessory dwelling unit shall be a unit specifically designed to meet housing needs for a family member and shall not be used as rental property. Said unit may not exceed 75% of the square footage of the primary dwelling on the property and shall meet all current building codes.

Footnote #28 A building in which lodging and various related services are provided for more than twelve (12) persons for compensation, in contradistinction, to a boarding or rooming house, or inn as herein defined. Hotels shall be considered a commercial use. THREE STORIES OR MORE, ALL INTERIOR ACCESS TO ROOMS OUT OF A LOBBY AND A MINIMUM OF THREE AMENITIES (POOL REST, LOUNGE, FITNESS ROOM, and CONFERENCE HALL) MUST HAVE AT LEAST 100 ROOMS

Footnote #29 A building or place where lodging is provided (or which is equipped regularly to provide lodging by prearrangement for definite periods), for compensation for five (5) or more, but not exceeding twelve (12), individuals not open to transient guests. A building providing accommodations for more than twelve (12) persons, or transient guests shall be defined as a "hotel" or "motel" under the terms of this Ordinance.

Footnote #30.

a.

Sales lots for new and used motor vehicles shall maintain a minimum site area of two (2) acres.

b.

Used motor vehicle sales shall only be permitted as an accessory use to new motor vehicle sales.

c.

The elevated display of motor vehicles shall not exceed three (3) feet in height.

d.

Sales lot areas must be paved, with raised curbs of at least six (6) inches in height.

1.

No public street, parking area, sidewalk or right-of-way shall be used for the storage or parking of motor vehicles in connection with the activities of such establishments except for normal parking by individual private owners or operators of such vehicles.

2.

No repair of motor vehicles or parts thereof shall be made except within fully enclosed garages or other buildings used for such purposes, which shall be located at least one hundred (100) feet from any residential zone district.

Footnote #31 Day Care Facilities.

1.

A fenced recreational area of not less than four thousand (4,000) square feet shall be provided for the first twenty (20) or less children with two hundred (200) square feet for each additional child.

2.

No portion of the fenced recreational area shall be closer than twenty (20) feet to any residential lot line, nor closer than fifty (50) feet to any public street.

3.

Screening, either vegetative or masonry, shall be provided between fenced recreational and residential lot in such locations as directed by the City of Horn Lake Design Guidelines Manual.

4.

All outdoor play activities shall be conducted within the fenced play area.

5.

In addition to the above requirements, the facilities, operation and maintenance shall meet the requirements of the State of Mississippi.

Footnote #33:

1.

Minimum Dealership size: Two acres.

2.

Minimum one hundred fifty (150) feet of road frontage on principal entrance.

3.

Minimum twenty (20) feet of landscape buffer along all road frontages.

4.

All parking surfaces must be paved, asphalt or concrete. No gravel.

5.

Any motor vehicle repair must be fully screened and behind the principal structure on the lot.

6.

No temporary building(s) may be located on the lot.

Footnote #34:

1.

Minimum Dealership size: Three acres, except for the properties adjoining Highway 51 North, where the minimum shall be one (1) acre.

2.

Minimum one hundred fifty (150) feet of road frontage on principal entrance, except for the properties adjoining Highway 51 North, where the minimum shall be one hundred (100) feet.

(Ord. No. 14-03-217, § 2, 3-4-2014; Ord. No. 25-04-311, § 2, 4-15-2025)

SPECIAL EVENT—A temporary use of land or structure for the following types of activities: fund raising, parades, live advertising and other similar non-commercial events; special seasonal events including farmers market and Christmas tree sales; significant comm4rcial [commercial] events including tent sales; public attractions including concerts, festivals and carnivals. A fee shall be assesses as set by the governing authority and a permit shall be on file with the Office of Planning and Development.

Footnote #35 Tattoo parlor:

1.

Tattoo Parlors shall not be located within five hundred (500) feet of any school, church, residence, residentially zoned property, or park property (measured from property line to property line).

2.

Tattoo Parlors shall not be located within a twenty-five hundred (2,500) foot radius of any other regulated use.

3.

Any approval of a conditional use permit for a Tattoo Parlor shall be for a period not to exceed two (2) years, with renewal upon request provided that:

a.

The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of the Zoning Ordinance will be observed;

b.

That the proposed use will not cause to enlarge or encourage the enlargement of a blighted or downgraded area;

c.

That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and

d.

That all other applicable regulations of the Zoning Ordinance will be observed.

4.

The Building Official or his representative is hereby authorized to enter, examine, and survey, during business hours, any premises in the City which is a regulated use for the purposes of enforcing the provisions of this ordinance.

Footnote #36 Solar Farm:

1.

Minimum lot size ten (10) acres.

2.

A minimum setback of fifty (50) feet must be maintained on all property lines. Solar panels will be kept at least five hundred (500) feet from a residence that is not a part of the Special Use.

3.

Ground mounted panels shall have a height maximum of ten (10) feet.

(Ord. No. 19-09-260, § 4, 9-17-2019)

ZONING DISTRICT REGULATION CHART

FOOTNOTES:

1.

In the C3, C4 and M districts, buildings may be erected to ten (10) stories or one hundred twenty (120) feet provided that any building that exceeds thirty-five (35) feet in height shall be set back from all required yard lines one foot for each foot the building exceeds thirty-five (35) feet in height.

2.

Height limitations shall not apply to:

a.

Chimneys, church steeples, cooling towers, elevator bulkheads, radio, television and microwave towers, antennas, fire towers, monuments, stage towers, scenery lofts, water tanks, silos, grain elevators, farm buildings, and necessary mechanical appurtenances.

b.

Storage buildings are exempt from the story limitation, but not the number of feet limitation. Storage buildings shall not exceed twenty feet in height.

c.

If a public building, church, temple, hospital, institution, or school is set back an additional distance over yards required for the zone district in which it is located, it may be increased in height one foot over the height limit of thirty-five (35) feet for each foot of additional setback.

3.

On double frontage lots and corner lots, the required front yards shall be provided on both streets.

4.

The sum of all required side yards shall be a minimum of twenty (20) feet.

5.

The sum of all required side yards shall be a minimum of fifteen (15) feet.

6.

The sum of all required side yards shall be a minimum of ten (10) feet.

7.

The sum of all required side yards shall be a minimum of eight (8) feet

8.

On a lot abutting a residential district there shall be the same side yard as required in the residential district No building shall be located nearer than fifty (50) feet to a road right-of-way.

9.

In the A agricultural district, there may be more than one (1) residential structure on a lot, provided that:

a.

The structures are situated on the property such that all requirements of an actual subdivided lot are met;

b.

All property and all structur3es [structures] thereon are vested in single ownership and not for rental purposes.

10.

Other requirements:

a.

In the R-6, RM-8, O, C and M Districts, there may be two (2) or more related buildings on a lot, provided that the required yards are maintained around the group of buildings and buildings that are required yards are maintained around the group of buildings, and buildings that are parallel or that are within forty-five (45) degrees of being parallel are separated by a horizontal distance that is equal to the height of the highest building.

b.

Those parts of existing buildings that violate yard height regulations may be repaired and remodeled but not reconstructed or structurally altered.

c.

Front yards in all districts shall remain open to the sky and unobstructed from the ground upward except for the projections from buildings permitted by this title.

d.

When the street upon which a lot fronts has an existing right-of-way less than that designated on the major thoroughfare plan and has been designated a major arterial street in the major thoroughfare plan, consultation shall be made with the engineer to determine the building setback line, so as to take into consideration the proposed right-of-way of the major street

11.

The following exceptions may be made to the yard requirements:

a.

On lots of record, which do not meet the minimum width requirements, the side yard may be reduced to ten (10) percent of the lot width but not less than three (3) feet.

b.

Sills, belt course cornices, and ornamental features may project a maximum of two (2) feet into a required yard.

c.

Open fire escapes, fireproof outside stairways, and balconies opening upon fire towers and the ordinary projections of chimneys into a rear yard for a distance of not more than three and one-half (3 ½) feet when so placed as to not obstruct light and ventilation may be permitted by the building official.

d.

Terraces or patios, which are uncovered and not above the level of the fist floor may project into a required yard, provided these projections are distant at least two (2) feet from the adjacent lot line.

e.

Where a garage is entered from an alley, it must be a minimum of three (3) feet from the alley line.

f.

Fuel station gasoline pumps and service islands must be set back a minimum of thirty-five (35) feet from the street right-of-way line. The front edge of a service station canopy sheltering service islands must be set back a minimum of twenty (20) feet from the street right-of-way line.

g.

The use of any yard area for the accumulation of used, discarded, or worn out materials or manufactured products that may or may not be reusable or salable is expressly prohibited. Likewise, noncompliant vehicles as defined herein are expressly prohibited from being located in any yard areas.

12.

The lot area requirements listed below apply in all districts where both water and sewer service are not adjacent to the lot:

a.

In subdivisions have 3 lots or less, with central water, 1 acre.

b.

In all other subdivisions: 1 ½ acres.

c.

The depth and width of yards and lots for the districts shown on the chart of regulations will apply.

13.

Rear yard requirement shall not include any required planting screen, if abutting single-family residential zone.

14.

A minor variance to this figure may be granted for developments subject to site plan review. Amore substantial variance may be made for institutional uses in residential districts subject to site plan review.

15.

The purpose of the R-9 district is to protect existing neighborhoods formerly zoned "R-2" single family residential.

Dated this the 6th day of June 2006.

(Ord. No. 06-06-163, 6-6-2006)