1.

For the purposes of this Ordinance, certain terms and words are hereby defined:

a.

Words used in the present tense shall include the future tense.

b.

Words in the singular number include the plural number, and words in the plural number include the singular number.

c.

The word "building" shall include the words "structure" and "premises".

d.

The word "shall" be[is] mandatory.

e.

The word "may" is permissive.

f.

The word "person" includes a firm, organization, association, partnership, trust, company, or corporation as well as an individual.

g.

The words "used" or "occupied" include the words "intended", "designed", or "arranged" to be used or "occupied".

h.

The word "lot" includes the words "plot", "tract" or "parcel".

2.

Any word, phrase or term not defined herein shall be defined by the Planning Director, the interpretation of which shall be based on its common and ordinary usage.

1.

Accessory Building - A subordinate building which is incidental to and customary in connection with the principal building or use and located on the same lot.

2.

Accessory Use - A subordinate use which is incidental to and customary in connection with the principal building or use and located on the same lot, including, but not limited to, landscaping features, walls, fences, light fixtures, steps, paving, sidewalks, shutters, awnings, solar panels, satellite dishes, and signs.

3.

Adult Entertainment Use (or Activity or Establishment) - An adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theatre, or similar establishment that regularly features or depicts behavior that is characterized by the exposure of specified anatomical areas of the human body and/or specified sexual activities or activities that are subject to the city's ordinance regulating sexually oriented businesses.

4.

Agricultural Activity - The use of land for agricultural purposes, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating and/or harvesting, horticulture, floriculture, viticulture, aquiculture, as well as dairying, small scale animal and poultry husbandry, and the necessary accessory uses for storing the products provided. However, the operation of such accessory uses shall be secondary to that of the normal agricultural activities, and provided further that agricultural activities do not include the extraction of minerals, the feeding of collected garbage of offal to swine or other animals or intensive livestock raising, such as commercial feed lots, large batteries of rabbit hutches, or poultry lots or coops, nor the raising of animals for use in medical or other tests or experiments.

5.

Apartment - A dwelling unit located in a multiple family structure for occupancy by one family only, either rented or leased to the occupants.

6.

Bar - A structure or part of a structure used primarily for the sale or dispensing of liquor by the drink.

7.

Basement - A story having one-half or more of its height below grade.

8.

Boarding House - see "ROOMING HOUSE."

9.

Buffer - Any area that serves as a separation between two or more structures and/or land use (existing or anticipated) not compatible due to design, function, use or operation.

10.

Building - Any structure having a roof supported by columns or walls built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery or equipment.

11.

Building Height - The vertical distance from the grade (as defined herein) to the highest point of the coping of a flat roof, or to the top deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

12.

Building, Permit - A permit issued by the city official designated by the Governing Authority authorizing the construction, placement or structural alteration of a specific building on a legal or legal non-conforming lot.

13.

Building, Portable - Any building that is portable in nature, without any wheels, and built on a chassis or frame designed and constructed to be used without a permanent foundation. Building permits are required prior to the placement of such building on any lot, where permitted.

14.

Building, Setback Line - A line delineating the minimum allowable distance between the street right-of-way and the front of the structure within which no building or other structure shall be place. The minimum distance is prescribed by this Ordinance. The building setback line is parallel to or concentric with the street right-of-way line.

15.

Bulk Requirements - Bulk requirements are design standards developed for each zone district that describe the spatial and siting relationship between a building and the lot/parcel on which it is erected. Bulk requirements prescribe standards for yard area, building setbacks, and height.

16.

Cemetery - Property used for the interring of the deceased.

17.

Certificate of Occupancy - A certificate issued by the city official designated by the Governing Authority to ensure that new or altered buildings or structures are in conformance with the provisions of the Zoning Ordinance and any other federal, state, city and county laws.

18.

Child Care Facility - see "DAY CARE CENTER."

19.

City - The City of Horn Lake, Mississippi.

20.

City Engineer - A professional engineer appointed by the Governing Authority to administer land development ordinances adopted by the City.

21.

Clinic - A facility wherein professional services concerning personal health of humans are administered by medical doctors, dentists, chiropractors, osteopaths, optometrists, or any other such professional which may lawfully be practiced in the State of Mississippi. Persons treated shall not be lodged therein overnight. As it applies to medical clinic, means a building wherein only superficial surgery and diagnostic testing is performed. This does not include internal surgical procedures of any kind.

22.

Church - A building used principally for religious worship, but the word church shall not include or mean an undertaker's chapel, funeral building, a religious educational institution or parochial school or day care center.

23.

Check Cashing Business - Any business in which a material part of its services includes future employment wages or other compensation (often known as "payday loans" or "payday advances"), but not including retail businesses that provide a check cashing service as an incidental part of their principal business such as banks or credit unions.

24.

Cluster Development - A development pattern for residential, subdivisions that permits a reduction in lot area and bulk requirements provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.

25.

Comprehensive Plan - In accordance with Section 17-1-1 of the Mississippi Code of 1972, Annotated, As Amended, "comprehensive plan" shall be defined as "a statement of public policy for the physical development of the entire municipality consisting of the following elements: Goals and Objectives; Land Use Plan; Transportation Plan, and a Community Facilities Plan.

26.

Conditional Use - A conditional use is a use that would not be appropriate generally or without restriction within a particular zone district but which, if controlled as to number, area, location, or relation to the neighborhood would promote the public health, safety, morals, or general welfare of the City and would not adversely affect adjacent properties. Such uses may be permitted within a particular zone district as a conditional uses[use], if specific provisions for such conditional uses are made in this Zoning Ordinance.

27.

Condominium - Real property consisting of an undivided interest in common of a portion of a parcel of real property, plus a separate interest in space in a residential, office, commercial other land use (Mississippi Code of 1972, Annotated, Section 89-9-7).

28.

Day Care Center - A facility which provides shelter and personal care on a regular basis for six or more children who are not related within the third degree computed according to civil law to the operator for four or more hours of any part of twenty-four hour day, whether such place be organized or operated for profit or not The term "day care center" includes childcare facility, kindergarten, nurseries or any other facility that falls within the scope of the definitions set forth above, regardless of auspices.

29.

Density — A measurement of the intensity of land use observing all yard, height, and land area coverage provisions (bulk requirements). Density is typically expressed in the number of dwelling units per acre (DUA) of gross land area, and further delineated as follows: Estate/Agricultural Density - 0.67 DUA; Low Density - 1.5 to 2.2 DUA; Medium Density - 2.2 to 3.6 DUA; High Density—3.6 to 12

30.

Design Review Commission - The duly appointed Design Review Commission of the City of Horn Lake, Mississippi (Ord. 98-10-81), as subsumed by, and its authority, powers and duties transferred to, the Planning Commission.

31.

Design Guidelines Manual - Site design standards established for the City of Horn Lake for the purpose of guiding future growth in an orderly and efficient manner.

32.

Developer - The legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.

33.

Development - The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land.

34.

Development Plan - A drawing depicting the ultimate layout and proposed land uses for a tract of land, usually involving varying lot sizes and/or different proposed land uses. A development plan is often inclusive of various plan elements, including a "Master Plan," and "Outline Plan."

35.

Driveway (Private Drive) - A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

36.

Dwelling - Any building or portion thereof, or manufactured/mobile home that is designed and used for human habitation, but not including a tent, cabin, travel trailer, a room in a hotel or boarding house, or a manufactured/mobile home within a zone district which it is not permitted.

37.

Dwelling, Manufactured Home - A substantially complete factory built structure transportable in one or more sections, containing a permanent chassis, and designed to be used as a dwelling connected to required utilities.

38.

Dwelling, Mobile Home - A substantially complete factory built structure transportable in one or more sections, containing a permanent chassis, and designed to be used as a dwelling connected to required utilities. See footnote in the use chart of this title for further information.

39.

Dwelling, Modular Home - A substantially complete factory built structure characterized by conventional wood frame construction that is transported to the site on which it will be permanently located. A modular home is distinguished from a mobile (manufactured) home in that it shall not contain a permanent chassis.

40.

Dwelling, Multiple Family - A building designed or occupied by more than two families living independently of each other. The term "multiple family dwelling" shall be understood to include apartment houses or "complexes" and condominiums.

41.

Dwelling, Single Family Detached - A dwelling designed for and occupied by not more than one family which does not have any roof, wall or floor in common with any other dwelling.

42.

Dwelling, Two Family -A building designed for or occupied exclusively by two families living independently of each other, and being located on a single lot.

43.

Dwelling Unit - A room, or group of rooms occupied or intended to be occupied as separate living quarters.

44.

Easement - A grant by a property owner to the public, a corporation or persons for the use strip of land for specific purposes.

45.

Family - One or more persons occupying a single housekeeping unit and using common cooking facilities, provided that unless all members are related by blood, marriage or adoption, no such family shall contain over five persons.

46.

Farm - An area of more than ten (10) acres located outside a recorded subdivision which is engaged exclusively in the pursuit of agricultural activities as defined herein.

47.

Farm Building or Structure - Any building or structure upon a farm having no dwelling facilities and constituting a necessary accessory building or structure for treating, processing, storing and assembling of farm produce or products associated with farm production, and/or the storage and maintenance of tools and/or implements involved in normal farming activities conducted on the farm.

48.

Flea Market - Market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

49.

Flood - A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the stream, river, or waterway.

50.

Flood Damage Prevention Ordinance - A separately adopted ordinance that provides standards for the purpose of flood damage prevention and reduction.

51.

Flood Hazard Boundary Map - An official map or plot of an area issued or approved by the Federal Insurance Administrator, on which the boundaries of the flood-prone areas having special hazards have been drawn.

52.

Flood Plain - The land adjacent to body of water which has been or may be hereafter covered by flood water including but not limited to the regulatory flood.

53.

Flood, Regulatory - The highest level of flooding that, on the average, is likely to occur once every one hundred (100) years (i.e. that has one (1) percent chance of occurring each year).

54.

Floodway - The channel of a watercourse and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the floodwater of any natural stream or river.

55.

Floor Area - The total number of square feet of floor space within the exterior walls of a building, not including unheated space in cellars or basements. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

56.

Floor Area Ratio - The ratio of gross floor area of all structures on a lot to total lot area.

57.

Garage, Storage - Any building or premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles, pursuant to previous arrangements for storage and not open to transients, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired, or sold.

58.

Governing Authority - The Mayor and Board of Aldermen for the City of Horn Lake, Mississippi.

59.

Grade or Grade Level - The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five feet from a road line, then the elevation of the road at the center of the wall adjoining the road shall be the grade.

60.

Homeowners Association - A non-profit association that is organized in a development in which individual owners share common interests in common property such as open space and/or facilities, manage and maintain the common property, and enforce certain covenants and restrictions.

61.

Home Occupation - Any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.

62.

Hospital - A public or quasi-public institution where sick or injured persons are given medical care and in the course of same, are housed overnight, fed and provided nursing and related services.

63.

Hotel - 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. A hotel must be three stories or more, all interior access to rooms from a lobby, a minimum of three amenities must be provided (pool, restaurant, lounge, fitness room, conference hall, etc.), it must have at least one hundred rooms.

64.

Inn (or "Bed and Breakfast Inn") - An establishment operated in conjunction with a private dwelling where lodging is available OR lodging and food are available for up to twelve (12) persons for compensation, in contradistinction, to a boarding or rooming house, or hotel or motel as herein defined.

65.

Institution - A building occupied by a nonprofit corporation or a nonprofit establishment for public use.

66.

Junk Yard - A parcel of land upon which the principal or accessory use is the accumulation of used, discarded, or worn out materials, or manufactured products, any of which may or may not be reusable or salable.

67.

Kennel - A facility, other than a residence, where domestic pets are boarded, or bred and/or raised for sale. Kennels shall be considered a commercial use.

68.

Landscaping - The addition of lawns, trees, plants, and other natural or decorative features to land, including lakes and watercourses. Landscape treatment can include walks or patios.

69.

Loading Space - Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

70.

Lodging House - see "ROOMING HOUSE."

71.

Lot Area - The total area within the lot lines of a lot including land area within easements and excluding any street right-of-ways.

72.

Lot, Corner - A lot abutting upon two or more streets at their intersection.

73.

Lot Depth - The mean horizontal distance between the front and rear lot lines.

74.

Lot, Double Frontage - A lot having a frontage on two non-intersecting roads, as distinguished from a corner lot.

75.

Lot Frontage - The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and double frontage lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in this Ordinance.

76.

Lot, Interior - A lot other than a corner lot.

77.

Lot Lines - The property lines bounding the lot.

78.

Lot Line, Front - The property line separating the lot from a street right-of-way. In the case of a corner lot each line separating such lot from the street shall be considered a front lot line.

79.

Lot Line, Rear - The lot line opposite and most distant from the front lot line of the lot. In the case of a corner lot, the line opposite the front of the house shall be considered the rear lot line.

80.

Lot Line, Side - Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is considered a front lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

81.

Lot of Record - A lot or parcel of land, the deed or plat of which has been recorded in the office of the Chancery Clerk of DeSoto County prior to the adoption of this Ordinance.

82.

Lot Width - The distance from side lot line to side lot line measured at the front minimum building setback line.

83.

Lounge, Bar or Tavern - A business that serves liquor, beer, or wine to be consumed on the premises without a meal.

84.

Medical Cannabis Dispensary or Dispensary - An entity licensed and registered with the Mississippi Department of Revenue that acquires, possesses, stores, transfers, sells, supplies, or dispenses medical cannabis, equipment used for medical cannabis, or related supplies and educational materials to cardholders.

85.

Mobile Home - see "DWELLING, MOBILE HOME."

86.

Mobile Home Park - An area where two (2) or more mobile homes or trailers can be and are intended to be parked, designed, or intended to be used as living facilities for two or more families.

87.

Motel - Less than 100 rooms, not required to have amenities such as swimming pool, meeting rooms, etc.

88.

Noncompliant Vehicle - Any motor vehicle that meets one or more of the following conditions.

a.

The vehicle is obviously inoperable.

b.

The vehicle is dismantled, partially dismantled or severely damaged.

c.

The vehicle does not have a valid vehicle license plate.

d.

One or more of the vehicle's tires are flat and have remained flat for a period of twenty-four (24) hours or longer.

e.

The vehicle is leaking oil or other fluids.

89.

Nonconformities - Any land, lot, building, structure or parts thereof existing prior to the adoption of this Ordinance, which subsequent to the enactment of this Ordinance or amendment thereto, does not conform with the use regulations and/or dimensional regulations of the district in which it is situated, and/or does not comply with any other requirements herein.

90.

Nursery, Child Care - see "DAY CARE CENTER."

91.

Nursery, Horticultural - A commercial use in which flowers and plants are stored and/or cultivated for retail sale and related products are offered for retail sale.

92.

Nursing Home - A health care center, in which three or more persons not of the immediate family are received, kept, or provided with food and shelter or care, for compensation, but not including hospitals, clinics, or similar institutions.

93.

Office - A room, group of rooms, or building in which commercial activities primarily involving the provision of services rather the sale of commodities are conducted.

94.

Office Park - A development of a tract or parcel of land, either subdivided or on a single large lot, containing a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.

95.

Parking Space - For the purposes of this Ordinance, the term "parking space" shall refer only to parking places not located on a public street. Each parking space shall be ten by twenty feet.

96.

Patio - An uncovered area, improved with concrete, brick, or other hard surface, adjacent to a dwelling and used by occupants of the dwelling for leisure time activities but not used for vehicle parking or storage.

97.

Planned Unit Development (PUD) - An area under single ownership or control to be developed in conformance with an approved Development Plan, consisting of a Master Development Plan (Map) showing the development area and all improvements to the development area; an Outline Plan (Text) that sets forth the uses and development standards to be met; and Exhibits setting forth any aspects of the development plan not fully described in the Map and Text.

98.

Planning Commission - The duly appointed Planning Commission of the City of Horn Lake, Mississippi.

99.

Planning Director - A professional planner appointed by the Governing Authority who is charged with the responsibility for the interpretation and administration of the provisions of this Zoning Ordinance, and other land development ordinances adopted by the City.

100.

Plat - A plan, map or layout of a subdivision showing the information required by the Subdivision Regulations of the City of Horn Lake, Mississippi.

101.

Prefabricated Building - A substantially completed permanent structure of which the structural or sub-assemblies are constructed off site, transported to the site and erected on a permanent foundation.

102.

Premises - A lot, together with all buildings and structures thereon.

103.

Principal Building - A building that contains the principal use located on a lot.

104.

Principal Use - A use that fulfills a primary function of an establishment, institution, household or other entity.

105.

Property Line - The legal boundary line separating buildings or lots in different ownership.

106.

Public-Service Facility - Any facility necessary with the operation and/or maintenance of a local governmental unit or a public utility as defined by the laws of the State of Mississippi.

107.

Restaurant - An establishment where food and beverages are prepared served and consumed primarily within the principal building, but not including "carry-out" and "drive-in" restaurants as defined herein, where food and beverages are consumed off the premises.

108.

Restaurant, Carry Out - An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.

109.

Restaurant, Drive-In - An establishment where food is sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the principal building, often in a motor vehicle on the site.

110.

Rooming House - A building or place where lodging is provided (or high 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.

111.

Schools - The term "school" as used in this Ordinance shall include public, private, and parochial institutions of learning, but shall exclude trade schools and colleges and universities, which shall be classified as commercial uses.

112.

Shopping Center - A group of commercial establishments, planned, developed, and managed as a unit, with adequate off-street parking provided on the property and related in its location, size, and type of stores to the trade area or neighborhood that the unit serves.

113.

Short-Term Lender - Any entity including, but not limited to, check cashing, title loans, small lenders, consumer finance or any other similar type business licensed by the Mississippi Department of Banking and Consumer Finance under Miss. Code. Ann. § 75-67-1 et seq.

114.

Signs - see "SIGN REGULATION DEFINITIONS."

115.

Site Plan - A scaled graphic schematic of a development site illustrating the location of buildings, walkways, parking, drainage facilities, topography and landscaping as they are to appear upon the completion of development. Site plans may be required to contain such other information as may be deemed necessary by the Planning Commission.

116.

Site Plan Review - A review process, as specified and described under in this Ordinance, required for certain developments, and conducted by the Planning Director or the Planning Commission designed to ensure conformance with the purposes and applicable standards of this Ordinance, and any other applicable laws and codes

117.

Solar Energy System - Systems intended to collect solar energy for the purposes of conversion into useable electricity, to heat water, home heating, etc. including but not limited to photovoltaic (PV) cells mounted on roofs, poles, or ground, other solar collector panels or units, solar integrated roofing panels, solar water heaters, etc.

118.

Special Flood Hazard Area (SFHA) - Those lands within the City of Horn Lake, Mississippi that are subject to inundation by the regulatory flood.

119.

Stables - The housing and maintenance of three or more horses for the purpose of work or pleasure riding. This definition shall include both the private and for-profit housing of housing of horses and all associated uses and structures.

120.

Story - That portion of a building, other than a basement or cellar, included between the surface of any floor and surface of the floor next above it or, if there is not floor above it, then the space between the floor and the ceiling next above it.

121.

Story, Half - A space under a sloping roof or in a basement in which not more than 60 percent of the floor area is finished off for use.

122.

Street - A publicly owned thoroughfare which affords the principal means of access to abutting property; such thoroughfares are dedicated by a property owner for public use, accepted by the responsible political entity in which the street is located and is so dedicated, and recorded in the Office of the DeSoto County Chancery Clerk.

123.

Strip Development - Commercial development, usually one store deep, that fronts on a major street.

124.

Structure - Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground.

125.

Structural Alteration - Any change except those required by law, that would alter the life of the supporting members of a building or structure, such as the bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other resolutions.

126.

Subdivision Regulations - The control of the division of land through established design standards and procedures adopted by local ordinance -the Subdivision Regulations of the City of Horn Lake, Mississippi.

127.

Tattoo Parlor - An establishment whose principle business activity, either in terms of operation or as held out to the public, is the practice of placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.

128.

Technical Review Committee - A committee comprised of the Planning Director, City Engineer, and other City officials that provides technical assistance to the Planning Commission in the review of subdivisions, and other applications governed by the Subdivision Regulations.

129.

Temporary Structure (Use) - A moveable structure (anything constructed or erected) which either is not permanently attached to a permanent foundation, concrete slab or footing, or which is equipped with a permanent steel chassis, designed to facilitate in connection with a permitted temporary use.

130.

Townhouse - A single-family dwelling forming one of a group or series of three or more attached single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through such walls from basement or cellar to roof and having roofs which may extend from one of the dwelling units to another.

131.

Travel Trailer - A portable or mobile living unit used for temporary human occupancy away from the place or residence of the occupants. For the purposes of this Ordinance, such transient trailers shall be considered a vehicle and not a structure. The term travel trailer shall include "camping trailers", "converted buses", "motor homes", "pick-up trailers", recreational vehicles", and "tent trailers."

132.

Travel Trailer Park - A lot or parcel of land upon which two (2) or more spaces are occupied or intended for occupancy by travel trailers.

133.

Truck Terminal - A principal use of land for trucking operations where there are dock facilities for the purpose of transferring goods or breaking down or assembling tractor-trailer transport.

134.

Use, Accessory - see "ACCESSORY USE."

135.

Use, Permitted - the specific purpose, for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use.

136.

Use, Prohibited - Any use not specifically authorized or permitted by this Ordinance.

137.

Use, Temporary - Any use, which has been authorized under the provisions of this Ordinance, that is limited as to the time in which such use may legally continue.

138.

Use and Occupancy Permit - A written permit issued by the building inspector required before occupying or commencing to use any building or other structure or any lot.

139.

Variance - A variance is a relaxation of the terms of the Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.

140.

Vehicle - Any device for carrying passengers, goods, or equipment, usually moving on wheels. This definition does not include manufactured homes, which are considered structures for the purposes of this Ordinance.

141.

Vehicle Repair Shop (minor repair, no outdoor storage of vehicles or supplies) - Land or buildings where motor vehicles, trailers, or other types of equipment are repaired, primarily oil changing, detailing, window tinting or such use as can normally be done as a drive thru or immediate service facility.

142.

Vehicle Repair Shop - Land or buildings where motor vehicles, trailers, or other types of equipment are repaired, but may be required to be stored until completed. No more than five vehicles may be on the lot at one time and must be hidden behind a site proof fence. This use does not include wrecker services, sale or storage of junk vehicles.

143.

Vehicles Sales Lot - Any property arranged, designed, or used for storage and display of motor vehicles for sale, including but not limited to automobiles, trucks, motorcycles, ATVs, boats, and snowmobiles, and where repair work is limited to minor incidental repair of vehicles displayed for sale on the premises.

144.

Veterinary Hospital - A facility where sick or injured animals are giver medical or surgical care and, in the course of same, may be housed overnight, fed, and provided related services. Such uses shall be subject to the regulations of the Animal Control Ordinance of the City of Horn Lake, and shall be considered a commercial use.

145.

Wireless Communication Facilities - A WCF is any un-staffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, and equipment facility, and a support structure to achieve the necessary elevations.

146.

Yard - An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this ordinance.

147.

Yard, Front - A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

148.

Yard, Rear - A yard extending the full width of the lot between a main building and the rear lot line.

149.

Yard, Side - A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.

150.

Zoning - The public regulation of the use and design (i.e. lot area, setbacks) of land.

151.

Zoning Administrator - The official(s) designated by the Governing Authority to administer and enforce the regulations contained herein.

152.

Zoning District - Any area of the City of Horn Lake for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are established by this Ordinance.

(Ord. No. 10-04-196, § 2, 4-20-2010; Ord. No. 15-06-226, § 1, 6-2-2015; Ord. No. 15-08-228, § 3, 8-18-2015; Ord. No. 18-05-252, § 2, 5-15-2018; Ord. No. 19-09-260, §§ 2, 3, 9-17-2019; Ord. No. 23-03-291, § 2, 3-7-2023)