1.

Substandard Lot(s) of Record

a.

Where the owner or subsequent owner of a lot of official record at the time of the adoption of this Ordinance does not own sufficient land to enable him to conform to the yard requirements of this ordinance, an application may be submitted to the Planning Commission for a variance from the applicable provisions of this Ordinance in accordance with ARTICLE IX, and in accordance with the provisions for nonconforming "single" lots of record, ARTICLE IX, (B) (1).

b.

Where two (2) or more substandard lots of record with a continuous frontage are under the same ownership, such lots shall be combined to form one (1) or more building sites meeting the minimum requirements of the district in which they are located in accordance with the provisions for "two or more" nonconforming lots of record, ARTICLE IX, (B) (2).

2.

Yard Requirements and Dimensional Controls

a.

Required Yard Cannot Be Used By Another Building - No part of a yard or open space required about any building for the purpose of complying with the provisions of this ordinance shall be included as a part of a yard or other open space required in this ordinance for another building.

b.

Reduction in Lot Area Prohibited - No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot area, lot width, building area, or other requirements of this ordinance are not maintained. This Section shall not apply when a portion of a lot is required for a public purpose.

c.

Minimum Lot Frontage - No dwelling or non-residential structure shall be erected on a lot that does not abut a public street or private drive for at least twenty (20) feet maintained from the point of frontage with a public street or private drive to the required minimum lot width at the applicable building setback line.

d.

Yard Requirements on Corner and Double Frontage Lots - On double frontage and corner lots the required front yards shall be provided on all applicable street frontages (i.e. double frontage lots do not have a regulatory rear yard). On corner lots that do not also qualify as double frontage lots (e.g. a corner lot with frontage on three sides), there shall be two (2) required front yards and two (2) required side yards to the extent that any applicable lot coverage requirements are adhered to.

e.

Minimum Side Yards - In no instance shall a side yard be reduced below the lesser of three and a half (3 ½) feet, or than that distance prescribed by the applicable Building Code employed by the City for detached structures.

f.

Perimeter Yard Requirements within Planned Developments — Yard requirements along the outer boundaries of all planned developments shall not be less than the minimum applicable yard requirements prescribed by this Ordinance and/or approved development standards for adjacent properties that have been improved. When a proposed planned development is proposed adjacent to vacant property, the yard requirements along the outer boundaries shall be as prescribed by the Governing Authority, taking into account the recommendations of the Comprehensive Plan and the Planning Commission.

g.

Determination of Front Yard within Cul-de-sac - In determining a required front yard on an irregularly shaped lot (i.e. pie-shaped) within the vehicle turn-around of a cul-de-sac, or similar design, the building setback line shall be established at that point where the applicable minimum lot width is achieved, the minimum horizontal distance of which shall not be less than that prescribed for the applicable zone district.

h.

Determination of Rear Yard for Irregular Shaped Lots - The required rear yard for an irregular shaped lot (i.e. pie-shaped or a lot whose side property line(s) does not intersect with its rear property line), shall be twenty (20) percent of the average of the sum of the length of the side property lines (if they intersect with their rear property line). If the side property line(s) does not intersect with its rear property line (i.e. one or both side property lines intersect with an adjacent lot's side property line), then the sum of the distance of an imaginary line(s) measured from the corner of the affected lot's rear property line to its front property line (as close as possible to the existing side property line) shall be used in the above computation.

i

Flag Lot Standards - Flag lots may be approved as part of a development if the following standards are met:

1.

[Reserved.]

2.

Flag lots shall have a minimum of fifty (50) feet of frontage on a road built to the City's technical standards, and maintain that minimum width along the entire "pole" portion of the lot

3.

The acreage contained within the "flag" portion of the lot must meet the minimum lot size requirements without considering the acreage contained within the "pole" area.

4.

No structure shall be erected within the "pole" portion of the lot.

5.

The length of the "pole" portion of the lot shall not exceed two hundred fifty (250) feet, and may require special conditions relating to fire safety including special fire turn-around areas, sprinklers or other requirements set by the Fire Marshall.

6.

Driveways shall be a minimum of twenty (20) feet and constructed with an all-weather surface approved by the Fire Marshall.

j.

Setbacks from Railroads - In all residential districts, a buffer strip of at least one-hundred (100) feet in depth in addition to the required setback in the applicable district shall be provided adjacent to any railroad right-of-way. Within such buffer the placement of structures shall be prohibited.

k.

Front Yard Requirements along Major Road - When the street (classified as a Major Road on the Major Road Plan) upon which a lot fronts has an existing right-of-way less than that designated on the Major Road Plan, consultation shall be made with the City Engineer to determine the building setback line, so as to take into consideration the proposed right-of-way of the street (Major Road).

l.

Exceptions to Yard Requirements - The following exceptions may be made to any applicable yard requirements:

1.

Sills, belt course, cornices, and ornamental features may project a maximum of two feet into a required yard;

2.

Open fire escapes, fireproof outside stairways, and balconies opening upon fire towers may project into a rear yard a maximum of three and one-half feet when so placed as to not obstruct light and ventilation as determined by the Zoning Administrator;

3.

Filling station gasoline pumps and service islands, including compressed air connections and similar equipment shall be set back per the requirements of the applicable zone district in which they are located; however, the front edge of a service station canopy sheltering service islands may be set back a minimum of twenty (20) feet from any street right-of-way line.

m.

Exceptions to Height Requirements - The following exceptions may be made to any applicable height requirements:

1.

Height limitations shall not apply to 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.

2.

Within the General Commercial, GC Zone District, and specifically for Public Buildings, Churches, Temples, Hospitals, and Institutions or Schools, the permitted height shall be a maximum of 10 stories or 120 feet provided that any building that exceeds thirty-five (35) feet in height shall be set back from all required yards lines one (1) foot for each foot the building exceeds thirty-five (35) feet in height.

1.

Structure to have Access.

a.

Every structure shall be on a lot adjacent to a public street, or access to any approved private drive, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

2.

Access Control.

a.

Regulations pertaining to access and curb cuts requirements are provided in ARTICLE VII.

3.

Sight Visibility at Intersections.

a.

On a comer lot in any zone district, there shall be no obstruction to vision over a height of two and one-half (2½) feet within the triangular area bounded by the right-of-way lines for a distance of fifty (50) feet from the intersection and a straight line connecting said points twenty-five (25) feet back from the intersection of said right-of-way lines. The requirements of this provision shall not be deemed to prohibit any necessary retaining wall. The Planning Commission may reduce this requirement where safety conditions will not be impaired.

1.

Only one principal building and its customary accessory buildings shall be erected on any lot in any residential zone district.

2.

Multiple principal buildings shall be permitted on lots within all non-residential zone districts and Planned Unit Developments when specifically approved as part of the Master Development Plan.

1.

Accessory Buildings/Uses (Bulk and Intensity Requirements).

a.

Accessory buildings or uses are prohibited in the front yard and side yard of any zone district, except as provided herein. Swimming pools, including wading pools, and trampolines shall all constitute accessory uses.

b.

Accessory buildings or uses may be placed in the required or designated rear yard in any district, provided that the accessory building or use is located at least five (5) feet from the rear property line or any applicable streetscape/landscape easement line (which ever dimension would result in the greater distance from the street right-of-way line) and at least five (5) feet from the side property line, and provided that no accessory building or use shall be permitted within a required utility easement.

c.

Any accessory building located closer than ten (10) feet to a principal building shall be considered as a part of the principal building and shall be provided with the required side and rear yards applicable to the principal building.

d.

Accessory buildings shall not cover more than twenty (20) percent of the rear yard in any zone district.

e.

Accessory buildings shall not exceed a height of twenty (20) feet; however, on double frontage lots, the maximum height of the accessory building shall be twelve (12) feet, provided that for every one (1) foot the accessory building is moved closer to the principal building it may be increased one (1) foot not to exceed fifteen (15) feet.

f.

The floor area of any accessory building shall not exceed fifty (50) percent of the floor area of the principal structure, notwithstanding the rear yard coverage provision contained herein.

g.

Accessory buildings may not be used as dwelling units.

2.

Portable Storage Units.

a.

Definitions: For the purpose of this section the following definitions shall apply:

Portable storage unit means any container designed for the storage of personal property, which is typically rented, to own or occupants of property for their temporary use and which is delivered and removed by truck.

Site means a piece, parcel, tract, or plot of land occupied or to be occupied by one or more buildings or uses and their accessory buildings and accessory uses which is generally considered to be one unified parcel.

b.

Number, duration and removal.

1)

Portable storage units for on-site storage. There shall be no more than one portable storage unit per site any larger than eight feet wide, 16 feet long and eight feet high No portable storage unit shall remain at a site in a residential district in excess of three consecutive days. No portable storage units for on-site storage are permitted on a site if any portable storage units for transport as defined in subsection 2) are on the site.

2)

Portable storage units for transport. There may be up to two portable storage units, no larger than five feet wide, seven feet long, and eight feet high each, at a site in a residential district for a period in excess of three consecutive days while such units are being used for loading or unloading goods in connection with the transport of the goods, to or from storage or, to or from another residential or nonresidential location. No portable storage units for transport are permitted on a site if any portable storage units for on-site storage as defined in subsection I) are on the site.

3)

Cumulative time restriction. No portable storage units as defined in subsections 1) and 2) above shall be placed at any one site in a residential district in excess of six days in any calendar year. No portable storage unit as defined in subsections 1) and 2) above shall remain at a site in a nonresidential district in excess of 14 consecutive days, and portable storage units as defined in subsections 1) and 2) above shall not be placed at any one site in a nonresidential district in excess of 28 days in any calendar year.

c.

Maintenance and prohibition of hazardous materials.

The owner and operator of any site on which a portable storage unit is placed shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The owner and operator of any site on which a portable storage unit is placed shall also be responsible that no hazardous substances are stored or kept within the portable storage unit.

d.

Residential area or district.

In residential areas or districts, portable storage units shall generally be placed only in a driveway or, if alley access exists at the rear of the site, in the rear yard[.] However, if the zoning administrator determines that there is no driveway available for placement of a portable storage unit and no alley access at the rear of the site exists, the zoning administrator shall allow placement of a portable storage unit in the front yard, or rather that the placement of such portable storage unit does not obstruct the free, convenient, and normal use of said right-of-way.

e.

Nonresidential area or district.

In nonresidential areas or districts, portable storage units shall generally be placed only in the rear or side portion of a site. Under no circumstances shall a portable storage unit be placed in an area fronting a street or road, or in the front parking lot of a commercial establishment. The placement of portable storage units in fire lanes, passenger-loading zones, commercial loading zones or public rights-of-way shall be strictly prohibited unless approved by the zoning administrator.

f.

Permits.

It shall be unlawful for any person to place, or permit the placement of, one or more portable storage unit(s) on property which he or she owns, rents, occupies or controls without first having obtained a permit therefore. Application for a permit shall be made to the Building Department on a form provided therein. The application shall include the signature of the property owner or the property owner's agent in order to ensure that the property owner has full knowledge of and consents to, placement of the portable storage unit on his or her property and the provisions of this article. A permit fee in an amount to be established by resolution of the city governing authority shall accompany the application. The issuance of a permit shall allow the applicant to place portable storage units on the property in conformance with the requirements of this chapter. The permit shall be posted in plain view at the site.

(Ord. No. 07-12-181, 12-18-2007; Ord. No. 23-10-294, § 2, 10-17-2023)

1.

Fences, walls, and hedges may be permitted in any required yard or along the edge of any yard except as prohibited in ARTICLE V (B), and in accordance with the following provisions:

a.

Fences of not more than thirty-six (36) inches in height may be allowed in a front yard. Periodic posts, decorative columns, and lighting fixtures or decorative details may exceed the thirty-six (36) inch limitation. Three-foot fences may extend into the front yard area on a primary entrance elevation to a distance not to be any less than ten (10) feet from the back of curb.

b.

Materials for fences to be constructed in a front yard shall be split rail or wrought iron, including those that have brick or stone columns or such fences that are considered decorative. Chain link fencing is not allowed in the front yard area. Proposals for all other material shall be subject to the approval of the Governing Authority.

c.

Fences in side and rear yards must consist of customary fence construction and may not exceed a height of six (6) feet.

d.

On Corner lots, fences exceeding thirty-six (36) inches but not exceeding a height of six (6') feet shall not extend beyond the building line setback on the street side where the principal entrance is located. On the opposite street side the fence may encroach ten (10') feet into the yard requirement, provided the fence is at least fifteen (15') feet from the street right-of-way.

e.

Fences must be installed to provide sufficient clearance from the bottom of the fence to the ground so drainage will flow freely and not negatively impact any adjacent property owner.

f.

Fences on corner lots and double frontage lots where the rear or side yards face a public right-of-way shall be maintained by an established homeowner's association or the property owner where fence is located.

g.

On all corner lots and double frontage lots wood fences shall have the finished side toward the public right-of-way.

h.

No barbed wire fences are allowed except in agricultural districts or in M2, heavy industrial.

1.

Home occupations, as defined under ARTICLE II of this Ordinance, may be permitted in any district where residential uses are allowed, subject to the following limitations and such conditions as may be determined by the Governing Authority:

a.

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

b.

A home occupation shall be conducted entirely within the principal residential building.

c.

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.

d.

Any accessory building used in connection with a home occupancy shall not exceed four hundred (400) square feet, and shall otherwise comply with the requirements for accessory buildings contained in this ARTICLE.

e.

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

f.

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.

g.

No equipment or process shall be use in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises. 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.

h.

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, the articles produced by members of the immediate family residing on the premises may be stored upon the premises.

i.

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

j.

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

k.

No signage is permitted for a home occupation.

(Ord. No. 10-04-196, § 2, 4-20-2010)

1.

Satellite Dish Receiving Antennas are defined as an earth station antenna for the reception or transmission of satellite delivered communication services. Satellite Dish Antennas and Television antennas shall be permitted accessory uses in all zones, and in accordance with the following provisions:

a.

Permitted residential satellite dish antennas that are more than three (3) feet in diameter shall be ground mounted, and shall be located on the lot behind the rear line of the principal building or in the rear yard, provided that all yard requirements for accessory structures are adhered to, and that all installations are to be limited to a maximum height of twelve (12) feet above the ground. The Design Review Commission shall review the installation of Satellite Dish Antennas for commercial applications.

b.

A building permit shall not be required for residential satellite dish antennas of less than three (3) feet in diameter.

c.

Unless otherwise specifically authorized by the Governing Authority, one (1) detached free-standing satellite dish antenna shall be permitted per lot, parcel, tract, or project.

d.

No satellite antenna or television antenna shall be mounted on the front of a residential or commercial structure, to include the portion of the roof facing the street front.

(Ord. No. 10-04-196, § 2, 4-20-2010)

1.

Wireless Communication Facilities shall be permitted within certain locations of the City as provided in ARTICLE XII, Chart 1 - PERMITTED USES.

2.

Setbacks

a.

All towers and accessory structures shall be setback from the property lines a distance equal to fifty (50) percent of the tower height or the applicable district yard requirement, which ever is greater.

b.

In instances when a tower and accessory structures are constructed within and/or adjacent to a residential district the minimum setback from an abutting residential property line shall be equal to one hundred (100) percent of the tower height.

3.

Shared Use.

a.

The shared use of existing towers shall be required throughout the City. The applicant's proposal for a new telecommunications tower shall not be approved unless the applicant can prove through documentation, that the proposed equipment cannot be accommodated on an existing or approved tower located within a minimum distance of one mile of the proposed tower due to one (1) of the following reasons.

1.

The planned equipment would exceed the structural capacity of the existing or approved tower and said tower does not have the capability to be upgraded.

2.

The planned equipment would cause radio frequency (RF) interference with other existing or planned equipment.

3.

The planned equipment would not function effectively and reasonably on an existing tower.

4.

Geographic service requirements would prevent the co-use of an existing tower and structure.

b

The feasibility of the shared use of any proposed tower in the future shall be addressed at the time of application. As a minimum, a tower shall be designed for the co-use of a minimum of three (3) fully sectored antenna arrays unless such tower is proposed for co-use on an existing utility structure. The applicants shall provide a letter of intent committing the tower owner and any successive owners to providing for the shared use of the tower, if a future applicant agrees, in writing, to pay any reasonable rate for the shared use.

4.

Type.

a.

All new towers shall be of monopole type structure. No lattice type antennas or towers shall be permitted in the City of Horn Lake.

5.

Structural Requirements.

a.

Prior to the approval of any application for a tower or the co-use of an existing tower or utility structure, the applicant shall provide written certification from a registered structural engineer that the tower is able to withstand winds of a minimum of seventy (70) miles per hour with one-half (.5) inch radial ice.

6.

Screening and Landscaping.

a.

For all ground structures and buildings, special care shall be taken to minimize the effects on adjacent residential areas.

b

All ground structures shall be screened in a manner that consists of a minimum of an eight (8) foot wide landscaped strip around the perimeter of the security fencing. The screen shall consist of a combination of trees, shrubs, vines and ground covers that blends and enhances the appearance of the ground structures with the surrounding area. The screen shall be installed for the permanent year round protection of adjacent property by visually shielding internal activities from adjoining property to a height of eight (8) feet or the height of the proposed accessory structures, whichever is greater. The landscaping provisions of this Section may be varied or reduced if the proposed plan provides for unique and innovative landscaping treatment or physical features that meet the intent and purpose of this Section.

7.

Height.

a.

No tower shall exceed a height of one hundred and ninety-nine (199) feet.

b.

In instances when a tower is to be co-located upon an existing utility structure, which is defined as a power line structure or an existing water tower, the maximum height shall not exceed the height of the structure plus twenty (20) feet.

8.

Co-Located Towers and Antennas.

a.

The co-location of towers and antennas shall only be permitted on existing and proposed telecommunications towers and public utility structures consisting of power line structures or water towers in excess of thirty-five (35) feet in height.

9.

Vehicle Access Control.

a.

The Location and design of driveways and/or access easements to the facility from a public street shall be depicted on the site plan and shall be approved by the Planning Commission in accordance with this Ordinance.

10.

Lighting.

a.

Towers: No artificially lighted tower shall be permitted. If the proposed tower is required to be lighted by FAA (Federal Aviation Administration), then the applicant shall be required to reduce the height of the tower or move the tower to eliminate the requirement for lighting.

b.

Structures: Outside lighting of structures, if required for safety and security purposes, shall be of a sensory fashion in which illumination occurs only when the site is approached. The lighting shall be arranged to minimize glare and reflection on adjacent residential properties and public streets and does not exceed 0.4 foot candles measured at the property line, easement line or abutting properties zoned for residential use.

11.

Security.

a.

The cellular tower facility shall be fully secured through the installation of a security fencing/wall system of a minimum height of eight (8) feet or the height of the accessory structures, whichever is greater.

12.

Removal of Obsolete Towers.

a.

Any tower that is no longer in use for its original communication purpose shall be removed at the owner's expense. The owner shall provide the City with a copy of the notice of intent to the FCC to cease operations and shall be given ninety (90) days from the date of the ceasing of operations to remove the tower and all accessory structures, provided another operator has not submitted a request for a tower during that time period. In the case of multiple operators sharing a single tower, this provision shall not become effective until all users cease operations.

b.

Prior to the issuance of a permit for any tower, co-use of any tower or co-use of any utility structure, a surety instrument (i.e. letter of credit or bond), which shall serve to ensure prompt removal of the tower once it ceases to operate, shall be provided by all users. The amount of the surety instrument shall be determined by the City Engineer and then approved by the Planning Commission during the site plan review process.

13.

Site Plan Requirements.

a.

Prior to the issuance of a building permit, the construction of a tower or the utilization of an existing structure for telecommunications or television transmission purposes, the submission of a site plan in accordance with the following provisions and the provisions contained in this ARTICLE V (Q), shall be required.

1.

If the proposed tower is a new tower not on an existing utility structure, the site plan shall show the location of the initial users accessory structure and the location of two (2) future accessory structures.

2.

A letter of intent from the owner and any successive owners allowing for the shared use of the tower.

3.

A letter from a professional engineer certifying that the tower's height and design comply with the regulations contained herein and applicable structural standards and, also describes the tower's capacity which includes the number and type of antennas that can be accommodated.

4.

A letter indicating why existing towers within one (1) mile of the proposed tower location cannot be utilized.

1.

Purpose. The bufferyard provisions are included in this chapter to improve the physical appearance of the community; to improve the environmental performance of new development by contributing to the abatement of heat, glare, or noise and by promoting natural percolation of storm water and improvement of air quality; to buffer potentially incompatible land uses from one another; and to conserve the value of property and neighborhoods within the city.

2.

Conflicts. Any conflict between this section and another section of this chapter shall be resolved in favor of the more restrictive provision.

3.

Definitions: The following definitions shall be used for terms contained within this ordinance:

a.

Bufferyard means a landscaped area provided to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another.

b.

Tree means a woody plant having at least one (1) well-defined trunk or stem and a more or less definitely formed crown, usually attained a mature height of at least eight (8) feet.

4.

General standards.

a.

Location and design. Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Buffers shall not be located on any portion of any existing, dedicated or reserved public or private street or right-of-way. Where a required drainage, utility, or other easement is partially or wholly within a required bufferyard, the developer shall design the buffer to minimize plantings within the required easement The planning commission or the governing authority may require additional bufferyard area of additional plantings of the developer in such instances to ensure that the screening purpose of the bufferyard is maintained.

b.

Use of bufferyards. A bufferyard may be used for some forms of passive recreation. It may contain pedestrian, bike, or equestrian trails, provided that:

i.

No required plant material is eliminated.

ii.

The total depth/width of the bufferyard is maintained.

iii.

All other regulations of this ordinance are met.

iv.

In no event, however, shall the following uses be allowed in bufferyards: accessory buildings, sheds, garages, playfields, stables, swimming pools, tennis courts or similar active recreation uses.

c.

Ownership of buffers. Bufferyards may remain in the ownership of the original owner/developer and assigns of a developing property. Bufferyards may be subjected to deed restrictions and subsequently be freely conveyed. They may be transferred to any consenting grantees, such as owners associations, adjoining landowners, a park district, the city, or any conservation group, provided that any such conveyance adequately guarantees the protection of the bufferyard for the purposes of this ordinance.

d.

Determination of bufferyard requirements. To determine the type of bufferyard required between two (2) adjacent parcels, the following procedure shall be followed:

i.

Identify the zoning classification of the proposed development by referring to the chart entitled "Bufferyard Requirements" located at the end of this section. Appropriate classification for land uses within planned unit developments shall be made according to the type and densities of land uses that most nearly correspond with the table designation.

ii.

Identify the zoning classification and status of development (undeveloped versus platted and/or developed) of each adjoining property, including properties located across an intervening street, by referring to the chart.

iii.

Determine the bufferyard requirements for those side, rear, and front lines or portion thereof on the subject development parcel by referring to the table in this section and the additional requirements of this section. Existing plant material may be counted as contributing to the total bufferyard requirement. The bufferyards specified are to be provided on each lot or parcel independent of adjoining uses or adjoining bufferyards.

iv.

When a development parcel is proposed adjacent to vacant unplatted/unsubdivided land, the following provisions shall apply:

1.

The owners of the affected properties may submit a contractual agreement (which becomes a deed restriction on both properties) whereby the bufferyard for the development parcel is reduced or waived, provided that the owner of the development parcel agrees to develop, at no greater intensity than as shown on his approved site/subdivision plan; and if any additional bufferyard is required by this article at a future date, it will be provided on the vacant land; or

2.

The required- bufferyard for the development parcel, derived by using the existing zoning of the undeveloped tract, shall be equal to one-half (½) of the minimum width prescribed in the chart entitled "Bufferyard Requirements" located at the end of this section, or ten (10) feet in width, whichever is the greater. However, any development parcel proposed for nonresidential use, which lies contiguous to a tract of undeveloped/subdivided land zoned for residential use or is designated as "Residential Low Density", "Residential Medium Density" or "Residential High Density" on the approved Land Use Map of Horn Lake shall be required to fulfill the bufferyard requirements of this ordinance utilizing the existing zoning on the undeveloped tract as the determinant of the bufferyard requirement.

3.

Should a developed parcel increase in intensity or zoning classification from a given zoning district to a more intense district (e.g. from R-30 to R-12, from C-1 to C-3), the Planning Commission shall, during the site plan or subdivision review process, determine if additional bufferyard is needed and, if so, to what extent and type.

e.

Additional bufferyard provisions. In addition to the requirements provided in this section, the following bufferyard provisions shall apply to the proposed development parcels. In general, the owner, developer, or operator of a proposed use within a development parcel shall install and maintain a landscaped bufferyard on his/her lot, site, or common development as set forth in this section.

i.

Parcels with intervening major street. When an arterial or collector street (as identified on the transportation for Horn Lake) separates adjacent development parcels requiring a bufferyard, the required bufferyard shall be the great[er] of one-half (½) of the required bufferyard set forth in the table following this ordinance or fifteen (15) feet[.]

ii.

Parcels with intervening local street. When a local street (as identified on the transportation plan for Horn Lake) or any other public right of way separates adjacent development parcels requiring a bufferyard, the required bufferyard shall be the greater of two-thirds (2/3) of the required bufferyard set forth in the chart on the bufferyards of this ordinance or twelve (12) feet.

iii.

Railroad right of way. Any lot or site that is adjacent to an active railroad right of way shall be exempt from any bufferyard requirement along the common property line with such right of way.

f.

Table of bufferyard requirements. The following table, located at the end of this section, shall be used to determine the bufferyard requirements of a development parcel that is adjacent to a developed and/or platted property, site or common development.

g.

Transitional bufferyard landscaped area and minimum width regulations.

i.

The layout, design, and arrangement of the prescribed numbers and types of landscape.

1.

In those bufferyards which require the construction of a wall, the following provisions shall apply: An opaque barrier at the height prescribed in the specific bufferyard design type standards in this section, shall be provided which visually screens the potentially offensive development parcel uses from the adjacent properties as follows:

a.

A masonry wall, a minimum of four (4) feet in height, of a design approved by the Design Review Commission. If a masonry wall of five (5) feet in height is constructed, width of bufferyard may be reduced by fifteen (15) feet.

b.

A landscaped berm—-height of six feet and in addition to the prescribed plantings.

c.

A six-foot heavy-duty, vinyl coated chain link fence heavily planted with opaque shrubbery such as privet hedge and to be used in addition to the prescribed plantings.

5.

Transitional bufferyard design types. Transitional bufferyards of the following types shall be provided in the situations as identified by the entries in the table of this section:

a.

Bufferyard Type 10. Transitional bufferyard type 10 shall consist of a strip of landscaped area, a minimum of ten (10) feet wide, landscaped as follows:

i.

Residential bufferyards: One 1) medium evergreen tree (ultimate height twenty (20) to forty (40) feet for every fifteen (15) feet planted on triangular staggered spacing, plus one (1) large deciduous tree (ultimate height fifty (50) or more feet) for every sixty (60) linear feet measured along the common property line.

ii.

Commercial bufferyard: One (1) large deciduous tree (ultimate height fifty (50) plus feet) for every sixty (60) feet, plus a group of two (2) small deciduous or ornamental trees (spaced at thirty (30) feet on centers) for every sixty (60) linear feet (planted) between the large deciduous trees.

b.

Bufferyard Type 15. Transitional type 15. Transitional bufferyard type 15 shall consist of a strip of landscaped area, a minimum of fifteen (15) feet wide, landscaped as follows:

i.

Residential bufferyards: One (1) medium evergreen tree (ultimate height twenty (20) to (40) feet) for every fifteen (150)[15] feet planted on triangular staggered spacing, plus one (1) large deciduous tree (ultimate height fifty (50) or more feet) for every sixty (60) linear feet measured along the common property line.

ii.

Commercial bufferyard: One (1) large deciduous tree (ultimate height fifty (50) or more feet) for every sixty (60) linear feet, plus a group of two (2) small deciduous or ornamental trees (spaced at thirty (30) feet on centers) for every sixty (60) linear feet (planted) between the large deciduous trees.

c.

Bufferyard Type 20. Transitional bufferyard type 20 shall consist of a strip of landscaped area, a minimum of twenty (20) feet wide, landscaped as follows: one (1) large deciduous tree (ultimate height fifty (50) or more feet) for every seventy-five (75) linear feet plus a group of three (3) medium evergreen trees (planted on fifteen-foot triangular staggered spacing) and one (1) small deciduous or ornamental tree (planted fifteen (15) feet from evergreens) for every seventy-five (75) linear feet.

d.

Bufferyard Type 25. Transitional bufferyard type 25 shall consist of a strip of landscaped area, a minimum of twenty-five (25) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard in accordance with the above requirements to a minimum height of six (6) feet, plus one (1) large deciduous tree (ultimate height fifty (50) or more feet) for every sixty (60) linear feet, plus a group of two (2) small deciduous or ornamental trees (spaced thirty (30) feet on center) for every sixty (60) linear feet measured along the opaque barrier. The landscape materials shall be on the side of the opaque barrier that abuts the more intense zoning district or development.

e.

Bufferyard Type 30. Transitional bufferyard type 30 shall consist of a strip of landscaped area, a minimum of thirty (30) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the above requirements to a minimum height of six (6) feet, plus one (1) medium evergreen tree (ultimate height twenty (20) to forty (40) feet for every fifteen (125)[15] feet planted on triangular staggered spacing, plus one (1) large deciduous tree (ultimate height fifty (50) feet or more) for every sixty (60) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier that abuts the more intense zoning district or development.

f.

Bufferyard Type 35. Transitional bufferyard type 35 shall consist of a strip of landscaped area, a minimum of thirty-five (350)[35] feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the above requirements to a minimum height of six (6) feet, plus one (1) medium evergreen tree (ultimate height twenty (20) to forty (40) feet) for every fifteen (15) feet planted on triangular staggered spacing, plus one (1) large deciduous tree (ultimate height fifty (50) or more feet) for every eighty (80) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier that abuts the more intense zoning district or development.

g.

Bufferyard Type 50. Transitional bufferyard type e50[50] shall consist of a strip of landscaped area, a minimum of fifty (50) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the above requirements, to a minimum height of ten (10) feet, plus one (1) medium evergreen tree (ultimate height twenty (20) to ((40) feet) for every ten (10) feet planted on triangular staggered spacing, plus one (1) small deciduous or ornamental tree for every eighty (80) linear feet, plus one (1) large deciduous tree (ultimate height fifty (50) or more feet) for every eighty (80) linear feet measured along the opaque barrier. The landscaped materials shall be planted on the side of the opaque barrier that abuts the more intense zoning district or development.

6.

Additional bufferyard provisions. The following additional provisions shall apply to the design standards for required bufferyard landscaping:

a)

Preservation of healthy existing tree vegetation within a required bufferyard is strongly encouraged. Preservation of each healthy existing tree, of species and size (at least four and one-half (4-½) inches caliper) approved by the Office of Planning and Development, shall count as one (1) tree toward the fulfillment of the landscape requirements of this section.

b)

A development parcel may continue to comply with the bufferyard and screening requirements in effect at the time of issuance of its initial building permit, regardless of whether an adjacent lot, site or common development is rezoned to a less intense district which requires additional bufferyards or screening.

7.

Performance bonding.

a)

If, at the time of an application for a certificate of occupancy, any required landscaping has not been installed, the developer owner of a development parcel must submit surety (by bond, certificate of deposit), letter of credit or other security satisfactory to the city, in the amount of the value of a bona fide contract to install such landscaping, times 1.5 percent. Such a contract must be reviewed and approved by the Office of Planning and Development.

b)

The developer or owner shall grant the city permission to enter upon the land to install required landscaping if this has not been done within twelve (12) months of the effective date of the certificate of occupancy.

c)

The city shall release any bond or other arrangement immediately when the permits and inspections division verifies that required landscaping has been installed.

8.

The owner/developer shall be responsible for all maintenance of bufferyards. Failure to maintain bufferyards will result in a fine by the City of Horn Lake.

TRANSITIONAL BUFFERYARD REQUIREMENTS TABLE

1.

In all non-residential zone districts, all materials, supplies, merchandise, goods or other similar matter shall be stored within a completely enclosed building, except merchandise or equipment offered for sale, rental or lease displayed in accordance with the following limitations:

2.

Temporary Outdoor Display/Sales Area - merchandise may be displayed and offered for sale, rental or lease outside the confines of a completely enclosed building ("temporary display area") for which such display of merchandise for sale or lease is incidental to the principal use, provided the temporary outdoor display area:

a.

Is not located within any required yard area and/or public right-of-way;

b.

Does not encompass an area greater than five (5) percent of the principal building located on the lot on which the temporary outdoor display area is situated;

c.

Does not occupy required parking areas in connection with the principal building;

d.

Does not impede pedestrian and/or vehicular circulation; and

e.

Is not located on a vacant lot.

3.

Firework Sales.

a.

Setup of tents may be accomplished no more than three (3) days prior to sales dates, as established by separate ordinance.

b.

Removal of tents and clean up on the site must be accomplished no later than three (3) days after sale dates, as established by separate ordinance.

c.

No permit shall be granted to a vendor engaged in the sale of fuel products (e.g. gasoline, kerosene, propane, etc).

d.

December setup shall include seasonal decorations.

e.

Vendors shall provide a printed notice of allowable "hours of use" and insert in each product package.

f.

Parking spaces shall be provided in accordance with the requirements for retail uses and parking lots shall be asphalt or concrete. Limestone parking lots may be approved for a limited time (one year) in an area that is proposed to be developed in the near future. This must be approved by the governing authority.

g.

Only one sign per establishment shall be permitted. Signs and banners must be presented to and approved by the office of planning and development at the time of conditional use application.

h.

Fireworks tents shall be located on a vacant lot and only one tent per parcel will be allowed.

i.

No sale of fireworks to minors under eighteen (18) years of age.

j.

Tents must meet current adopted ICC building codes and current NFPA codes.

k.

Applicant must apply and be approved for a conditional use.

1.

Where the outside storage of equipment and/or materials is permitted, such storage shall be allowed only as an accessory use to the main use on the same lot or tract of land.

2.

No outside storage shall be located between the main building and any adjacent public street.

3.

Screening:

a.

All outside storage shall be screened from the view of any adjacent public street or way by a solid, opaque wall or fence of not less than six (6) feet in height measured at the highest finished grade, constructed in accordance with the standards prescribed by the City of Horn Lake's Design Guidelines Manual.

b.

All outside storage shall be screened from any adjacent residentially zoned property by a solid, opaque wall or fence of sufficient height to completely conceal the equipment and/or material being screened.

1.

Landscaping and screening standards required as part of this Ordinance shall be subject to the approval and additional requirements by the City of Horn Lake Design Review Commission.

2.

Screening for site improvements, including garbage disposal facilities, and transitional land uses shall meet the minimum requirements set forth in City of Horn Lake Design Guidelines Manual. Where site conditions and other considerations indicate that a higher level of screening or a wider screen should be provided, either the Planning Commission or the Design Review Commission may recommend to the Governing Authority that greater screening standards beyond the minimum required be provided.

3.

Landscape and screening areas required by the City shall be provided and maintained permanently by the property owner or their designee.

4.

No final approval shall be issued until all landscaping and/or screening areas have been satisfactorily installed in accordance with approvals from the Design Review Commission and Governing Authority.

Streetscapes.

Landscaped areas shall be provided along all public road rights-of-way. The streetscape type to be used shall be dependent upon either the presence of parking or a vehicular drive aisle adjacent to the streetscape area.

1.

Streetscape Type A shall be required where parking is located adjacent to the streetscape and facing the public right-of-way and shall consist of a 20 foot wide area supplemented by a landscape island (10 feet by 20 feet minimum) in the parking area located every 8-10 spaces. Planting shall consist of one (1) major shade tree planted in each of the islands accompanied by a single, staggered row (straight or serpentine) of evergreen shrubs supplemented by three (3) ornamental trees, planted 20 feet on center, between each pair of shade trees.

2.

Streetscape Type B shall be required where parking is not present but a vehicle drive aisle is located on the lot, adjacent to the streetscape and shall consist of a 25-foot wide area. Planting shall consist of either B1 or B2. B1 consists of one (1) major shade tree planted every 80 feet accompanied by a single, staggered row of evergreen shrubs (straight or serpentine) supplemented by three (3) ornamental trees, planted 20 feet on center, between each pair of shade trees. This type should be used to maintain continuity of landscape within a unified development B2 consists of one (1) major shade tree planted every 40 feet accompanied by a single, staggered row of evergreen shrubs and a berm 3 feet in height.

3.

Streetscape Type C shall be required where the green space or lawn between a building and the public right-of-way is unbroken by parking or vehicular travel surface and shall consist of a 25 foot wide area. Planting shall consist of one (1) major shade tree planted every 40 feet.

1.

Parking lot landscaping shall be provided at a ratio of 300 square feet of green space including one (1) shade tree for every ten (10) parking spaces or increment thereof. No parking space should be located farther than 50 feet from a landscaped area and no landscaped area shall be permitted to contain less than 200 square feet of green space.

2.

Parking lot landscape shall be provided within curbed island planted.

3.

Parking lot landscaping shall be located to delineate driving lanes, define rows of parking, and generally to mitigate the visual impact of parking lots. (See Graphic this page)

Interior Lot Landscaping.

Interior lot landscaping shall be provided in an amount equivalent to twenty (20) percent of the total area of the lot. Interior lot landscaping shall be considered the total, cumulative area devoted to greenspace (i.e. lawns, ground covers, shrubs, and trees). This may include streetscapes, bufferyards, required screening and any other landscaped areas surrounding the building or contained within the boundary of the lot or site. (See Graphic this page)

Screening.

1)

Purpose: The purpose of regulations contained in this subsection is to provide for the gradual transition between incompatible uses so that such incompatibility may be minimized.

2)

Screening Required: Except as may otherwise be required in this ordinance, screening shall be provided in accordance with the following minimum requirements:

a)

Front yard screening.

i)

Front yard screening shall be provided and maintained on any property zoned and developed for office, commercial, industrial and multiple family dwelling purposes if such property is located on a public or private right-of-way.

ii)

Such screening shall conform to the graphics above and shall consist of hardwood or evergreen trees and/or evergreen shrubs and grass areas and/or earthen berms.

iii)

Such screening shall extend for the entire length of the front lot line except such screening shall not be located along those areas used for pedestrian and vehicular access to such property and shall not impair property sight distance from any driveway.

b)

Screening-corner lots: On corner lots, screening shall be provided as required above except that no screening of more than two (2) feet in height shall be located or maintained in the sight triangle.

1.

The following performance standards shall apply to all land uses and developments in the City of Horn Lake except as otherwise indicated in this Ordinance.

2.

Performance Standards.

a.

Lighting - Site lighting shall be designed and installed in accordance with the City of Horn Lake Design Guidelines Manual, and to the extent that site lighting does not produce glare to on-coming traffic, intrusion of light onto adjacent properties, and light pollution in general.

b.

Noise - Noise generated on-site shall be controlled so as to be compatible with surrounding land uses. For uses that may generate noise during the hours of 7 p.m. to 7 a.m., a detailed noise assessment and plan addressing and mitigating these impacts shall be submitted for review and approval.

c.

Vibrations - Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located. For those uses that generate vibrations a detailed vibration assessment and plan addressing and mitigating these impacts shall be submitted for review and approval.

d.

Odors - Every use shall be so operated that no offensive or objectionable odor is emitted that would adversely impact surrounding land uses or the public right-of-way. For those uses that generate odors a detailed odor assessment and plan addressing and mitigating these impacts shall be submitted for review and approval.

e.

Dust and Airborne Pollution - Dust, airborne pollution and other forms of particulate matter shall be controlled so as not to adversely impact surrounding land uses or the public right-of-way. For those uses that may generate airborne pollution, a detailed odor assessment and plan addressing and mitigating these impacts shall be submitted for review and approval.

1.

The following procedures and standards are established for those sections of this Ordinance which require the submission and approval of a site plan prior to the issuance of a building permit or certificate of occupancy for any affected lands, structures or buildings. Site plans shall be approved or disapproved under the following procedures and standards as specified by this Ordinance.

2.

Site Plan Review and Approval Required.

a.

The application for approval of the site plan shall be made by the property owner or his designated agent and filed in writing on forms provided by the City of Horn Lake along with payment of an application fee, and shall contain information and exhibits as may be required in accordance with said site plan application and with this Ordinance.

b.

Site plan review and approval by the Planning Commission is required in the following instances:

1.

All new buildings and building additions, including, but not limited to, duplexes, multi-family, townhouses, office, retail and service, warehousing, and manufacturing. Single-family detached dwellings and their accessory structures are exempt from the requirements of this Section.

2.

Site alterations including the construction of driveways, loading areas, and parking areas with the exception of single-family residences.

3.

Any use requiring a Conditional Use Permit.

c.

Site plans and related plan documents for the above listed types of uses shall be presented to the Planning Commission for review and approval.

d.

The following additional items shall require review and approval of the Design Review Commission:

1.

Exterior alteration of buildings or structures or accessory structures with the exception of single-family detached dwellings.

2.

Modifications to the site including alteration of landscaping, lighting, parking and loading areas, and other spaces within the site.

3.

Fencing, landscaping, lighting, and buffering/screening measures for subdivisions and multi-family residential developments and all forms of non-residential development.

e.

An incomplete application or an application that fails to meet minimum submittal requirements shall be immediately returned to the applicant by the City and shall include a written statement enumerating the deficiencies in the application.

f.

In their review of the Preliminary Site Plan the Planning Commission shall make a determination as to whether or not the proposed development maintains a reasonable relationship to adjacent land use, and is conducive to the proper development of the City and its existing environment in an effort to prevent the harmful effects of improper appearances of buildings erected in the City and thus, to promote the health, safety, comfort, general welfare, and prosperity of the community.

4.

Additional Information.

a.

The following additional information may be required by the Planning Commission in order to adequately evaluate the character and impact of a proposed site development.

1.

Tree Survey/Tree Management Plan.

2.

Stormwater Management Plan - Existing and proposed topography. The general location and size of required stormwater detention structure(s). Stormwater calculations may be required by City Engineer upon submittal of a plan depicting general location and size of required stormwater detention system with preliminary drainage calculations, general routing of storm sewer lines, and location(s) of discharge point(s).

3.

Traffic Impact Analysis - Existing Average Daily Traffic (ADT) of the roadway network fronting upon site. Projected traffic generated by development as referenced in ITE Trip Generation Manual, latest edition.

4.

Utility Plan - General routing of sanitary sewer mains and water distribution piping to serve the development.

6.

Effective Period of Site Plan Approval.

a.

Site Plan approval granted by the Planning Commission, including such conditions as may be a part of the record, shall be effective for a period of one (1) year from the date of said Site Plan approval. The applicant may request in writing an extension upon the effective period of the Site Plan approval from the Governing Authority for a period not to exceed one (1) year from date of expiration of approval of the initial approval of the Site Plan.

1.

Purpose.

a.

The purpose of these Planned Unit Development Regulations is to provide a mechanism to achieve greater flexibility in the development of single and mixed-use land use than would otherwise be afforded by the conventional bulk requirements of this Ordinance, and static design criteria of the City's Subdivision Regulations. Furthermore, it is the intent of these regulations that the objectives of this Ordinance relating to protection of the public health, safety, and welfare can be achieved through skillful planning without literal application of the detailed regulations otherwise applicable, and that special amenities and benefits to the City beyond those otherwise required by this Ordinance, can be achieved by allowing more flexible planning than is otherwise permitted by this Ordinance and the City's Subdivision Regulations. Accordingly, through the establishment of a Planned Unit Development District (PUD), and approval of a Master Development Plan, it is intended that property regulated under these regulations will be planned as an integrated unit, and its development governed by a specific plan and development standards rather than by generally applicable conventional zoning regulations and bulk standards. It should be noted, however, that development approval under this ARTICLE is discretionary, and not a right that can be claimed. Exceptions to the normal regulations are not granted automatically, but only upon finding that they will result in a superior development that promotes the public interests.

2.

Objectives.

a.

The Governing Authority may, upon proper application, approve a zoning map amendment to establish a PUD District for a site of at least five (5) acres to facilitate the use of flexible techniques of land development and site design by providing relief from the Zoning Ordinance and Subdivision Regulations requirements designed for conventional developments, in order to obtain one or more of the following objectives:

1.

Promote the most efficient use of land through comprehensive site planning in order to facilitate a more harmonious arrangement of buildings, circulation systems, land use and utilities.

2.

Preserve, to the greatest extent possible, the existing landscape features and amenities, and to include such features within the design of the planned unit development.

3.

Coordination of principal building forms and relationships, signage, and other accessory structures within the planned unit development.

4.

Promote the concepts of sustainable development, smart growth, and concurrency, with regard to the planned unit development's relation to existing and/or proposed public infrastructure.

5.

Implement the land use and design postulates of the City's Comprehensive Plan.

3.

Relationship of PUD District to the Land Use Plan (2003).

a.

While the primary purpose of the PUD District is to provide maximum design flexibility, it is not, however, the intent of these regulations to usurp the Goals and Objectives of the Comprehensive Plan as they relate to the physical development of the City. Accordingly, in accordance with the Land Use Plan Action Strategies (Chapter VI Comprehensive Plan Elements) pertaining to PUDs, the PUD District may be established within any Land Use Classification as provided on the Land Use Plan (2003) with the exception of the following:

1.

Public

2.

Estate Residential

3.

Low Density Residential

4.

Permitted Uses

a.

A list of proposed permitted uses within any planned unit development shall accompany an application for establishment of the PUD District and shall be approved by the Governing Authority.

5.

Establishment of the PUD District.

a.

A PUD District may be only be established through a zoning map amendment as provided for under ARTICLE IX of this ordinance, provided, however, that an amendment to establish the PUD District may only be initiated by an application of one or more owners or agents of property affected by the proposed amendment, and such application shall be accompanied by a Master Development Plan.

6.

General Standards and Criteria.

a.

The Governing Authority may approve the establishment of a PUD District upon written findings and recommendations by the Planning Commission, which shall be forwarded pursuant to the provisions contained in this section.

1.

The proposed development will not unduly injure or damage the use, value and enjoyment of surrounding property nor unduly hinder or prevent the development of surrounding property in accordance with the City's current development policies and Comprehensive Plan.

2.

An approved water supply, wastewater treatment and disposal, and storm water drainage facilities that are adequate to serve the proposed development have been or shall be provided.

3.

The location and arrangement of the structures, parking areas, walks, lighting and other service facilities shall be compatible with the surrounding land uses and any part of the proposed planned development not used for structures, parking, and loading areas or access ways shall be landscaped or otherwise improved except where natural features are such as to justify preservation.

4.

Any modification of the City's applicable Zoning Ordinance and/or Subdivision Regulation standards that would otherwise be applicable to the development site are warranted by the design of the Master Development Plan and the amenities incorporated therein, and are not inconsistent with the public interest nor the Comprehensive Plan.

7.

General Provisions.

a.

The following general provisions shall apply to any PUD District established in the City of Horn Lake:

1.

No tract of land may be considered for the establishment of a PUD District unless such tract is under the single ownership of a landowner. For the purpose of these regulations, a landowner may be a person, partnership, corporation, association or any other legal entity entitled to own property. The holder of a written option to purchase, a party purchaser to a contract for the sale of real property contingent upon the success of a PUD District Application for the property, or any governmental agency shall be considered landowners for the purpose of this Section. Unless otherwise provided as a condition of approval of the PUD District, the landowner of an adopted PUD District may divide and transfer parts of such development. The transferee shall complete each section and use and maintain it in strict conformance with the previously approved Master Development Plan.

2.

The City of Horn Lake shall not consider any application to establish a PUD District unless the accompanying Master Development Plan includes certification that the services of at least two certified and/or licensed design professionals practicing in their particular field of expertise have been utilized for all site analysis/land planning, landscape architecture, and civil site engineering.

8.

Specific Design Standards and Criteria.

a.

Planning Relationships with Adjoining Development - The design of any planned unit development should reflect an effort by the applicant to plan land uses within the PUD District so as to blend harmoniously with adjacent zone districts and existing land uses.

b.

Site Planning - Site development plans shall provide for efficient, convenient and harmonious grouping of uses, structures, and/or facilities, and shall reflect the applicant's efforts to work with the natural features and characteristics of the development site.

c.

Screening - The City of Horn Lake may require substantial screening along the perimeter of PUD Districts to aid in transitioning between more intensive land uses and less intensive land uses. Such screening shall be vegetative and/or man-made (i.e. fencing, berms, etc.), and designed to protect less intensive adjacent land use from undesirable views, lighting, noise, and other adverse influences emanating from intensive land use(s) within an adjacent planned unit development. Screening requirements may be waived where natural terrain and/or existing vegetation provides adequate buffering protection.

d.

Landscaping - Landscaping shall play an integral role in any planned unit development. Whether protecting the City of Horn Lake's existing natural landscape, or introducing new vegetation, each planned unit development proposal shall incorporate an ambitious landscape plan that seeks to enhance and expand the City's natural environment.

e.

Open Space - For exclusively residential and/or mixed-use planned unit developments containing a residential land use component, a minimum of ten (10) percent of the gross tract acreage, exclusive of required rights-of-way dedication along existing thoroughfares, shall be set aside as useable open space. Where the resulting open space would equate to less than one-acre, the Governing Authority may require additional amenity provisions to compensate for the lack of useable open space. Required open space may be proposed as public or private open space, however, the Governing Authority, upon written findings and a recommendation from the Planning Commission, shall make a determination as to whether or not the acceptance of proposed public open space is in the best interest of the City. For all proposed private open space, the applicant shall provide for organizational arrangements for the ownership, maintenance and preservation of said private open space.

f.

Development Standards - Development density and/or intensity limits and minimum bulk requirements for planned unit developments shall be as provided in ARTICLE IV, Chart 2.

g.

Architectural Design - When the Governing Authority has established design as an integral part of the Master Development Plan and stipulates architectural design principles and/or specific architectural design details, such principles and/or details shall be made a part of the Master Development Plan and all zoning permits for the PUD District. A sign plan shall also be included as described in Article VI (D) (8).

9.

Procedures for PUD District Approval.

a.

The Formal Application - All applications for the establishment of the PUD District shall be made in writing by the owner of the property, or the owner's duly authorized agent, upon forms provided by the City of Horn Lake. The application shall contain the following information:

1.

A completed application form, together with all required ancillary information required for zoning amendments, as provided for under ARTICLE IX of this Ordinance, and the payment of all applicable fees.

2.

A Master Development Plan containing the following plan elements: Preliminary Site Development Plan and an Outline Plan, which provides for all development provisions, standards, and conditions (see specific requirements for the Preliminary Site Development Plan and Outline Plan - Paragraph 12 Master Development Plan Elements).

3.

A Project Text describing the relationship of the proposed planned unit development to the current land use policies of the city, and how the proposed planned unit development is to be designed, arranged, and operated. Furthermore, the Project Text shall include a description of the applicant's planning objectives, the approaches to be followed in achieving those objectives, and the rationale governing the applicant's choices of objectives and approaches.

4.

Other information as may be deemed necessary by the Planning Commission and/or the Governing Authority to further clarify the various elements and/or impacts of the proposed PUD District.

10.

Master Development Plan Approval Process.

a.

A Master Development Plan is considered an integral element of the zoning map amendment application to establish a PUD District. Accordingly, any approval of a zoning map amendment to establish a PUD District shall also extend to the Master Development Plan, along with such modifications as may be approved by the Governing Authority.

b.

The formal application, Master Development Plan, and all other required materials, shall be submitted to the City of Horn Lake Planning Department as set forth by the Office of Planning and Development.

c.

Upon receiving a completed application, Master Development Plan, and an accompanying staff report, the Planning Commission and Governing Authority shall consider the potential impacts of the proposed planned unit development upon:

1.

Adjacent land use.

2.

Transportation infrastructure.

3.

Public utility facilities.

4.

Comprehensive Plan

5.

Such other matters pertaining to the public health, safety, and welfare of the city.

d.

The Planning Commission shall then approve, approve subject to specified conditions, or disapprove the application for Master Development Plan, and a report of its action, together with a recommendation for final action, shall be made to the Governing Authority.

e.

Upon receiving the report from the Planning Commission concerning their recommendation on the Master Development Plan, the Governing Authority shall hold a public hearing as prescribed by law. Subsequently, the Governing Authority shall approve, approve subject to specified conditions, or disapprove the application for Master Development Plan, and a report of its action shall be returned to the applicant

f.

Reapplication and Effects of Denial - If the request is denied, applicant may not reapply for a PUD for a period of one year.

g.

Contractual Agreement - The Master Development Plan and accompanying plan elements are intended to demonstrate to the Planning Commission and the Governing Authority the character and objectives of the proposed planned unit development, so that the Planning Commission and ultimately the Governing Authority, may evaluate the effect the proposed planned unit development could have on the community, and determine what provisions, if any, should be included as a part of the Master Development Plan, and be binding upon the future use and development of the subject property. The filing of a Master Development Plan and accompanying plan elements shall constitute an agreement by the owner and applicant, successors, heirs, and assigns, that if the Master Development Plan and accompanying plan elements are approved, development of the property and any permits issued for the improvement of such property, and activities subsequent thereto, shall be in conformance with the approved Master Development Plan and accompanying plan elements for the subject property, and any conditions attached thereto. The approved Master Development Plan and accompanying plan elements, and any conditions attached thereto shall have the full force and effect of this Zoning Ordinance.

h.

Period of Validity - Approval of the establishment of the PUD District and Master Development Plan by the Governing Authority shall expire, and be of no effect within two (2) years after the date of the approval of the same by the Governing Authority. Should the approved Master Development Plan expire as provided herein, the zoning of the subject property shall revert to its prior designation.

j.

Extension of the Period of Validity - The Governing Authority may grant extensions of the Master Development Plan approval, not exceeding six months each, upon written request by the original applicant. Written requests for the extension of an approved Master Development Plan shall be submitted at least sixty (60) days prior to expiration date of the approved Master Development Plan.

k.

Amendment of the Approved Master Development Plan - An approved Master Development Plan may be amended upon application, and under the same applicable procedures as required for the original approval of the initial Master Development Plan, as required by this Ordinance.

l.

Relationship Between Approval of the Master Development Plan and Subdivision Approval - In those instances where subdivision is an integral part of the proposed planned unit development, approval of the Master Development Plan shall constitute the same action as approval of the preliminary subdivision plan for subdivision approval purposes Regulations shall be required.

g.

Zoning Administration; Building Permits - The City may issue building permits for the area of the planned unit development covered by the approved and recorded subdivision.

[11.

Reserved.]

12.

Master Development Plan Elements.

a.

Preliminary Site Development Plan -The application for a PUD District shall include a Preliminary Site Development Plan containing the following minimum information:

1.

A site map showing subject property boundaries, street lines, lot lines, easements, proposed dedications or vacations, existing tree masses, streams, floodplain, etc.

2.

A site development and landscaping plan, showing building locations, or building envelopes; site improvements; public or common open spaces; community facilities; signs and other significant visual features; and typical landscape plans.

3.

A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle, and other circulation facilities, and location and general design or parking and loading facilities.

4.

A public services and utilities plan providing requirements for and provision of all utilities, sewers, storm water, and other facilities needed to serve the site.

5.

A topographic map and preliminary site-grading plan showing existing and proposed contours in no greater than ten-foot intervals.

6.

Schematic architectural plans and elevations sufficient to indicate building height, bulk, materials, and general architectural design.

7.

A proposed development schedule.

8.

A proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance, and preservation of common open spaces.

9.

Quantitative site data for each area/phase including, but not limited to: site acreage; intensity measures - floor area ratio, building volume ratio, impervious surface ratio, building height; finished floor elevations; bulk regulations; parking/loading space requirements.

10.

A traffic impact study, if required by the Planning Commission or Governing Authority.

b.

Outline Plan - The application for a PUD District shall include an Outline Plan containing the following minimum information:

1.

A plot plan of the subject property drawn to a scale not less than 1 inch equals 100'.

2.

Dimensions and bearings of the subject property's boundary, and a legal description describing same.

3.

Specific development areas and/or phases within the subject property delineated by dashed lines that identify: the acreage contained within the development area and/or phase, and land-use within each development area. Development areas and/or phases shall be labeled alphabetically - Area "A"; Area "B", etc.

4.

All proposed major roadways with rights-of-way and streetscape/boulevard treatment illustrated via section and plan view; rail lines; all easements (proposed and existing); existing public rights-of-way crossing and adjacent to the subject property.

5.

Significant areas of public dedication and/or private common space.

6.

A statement setting forth in detail the land use, bulk regulations density and/or intensity standards, and performance standards under which the planned unit development is proposed.

7.

Development/Phasing Schedule.

8.

All conditions imposed by the Planning Commission and Governing Authority as part of the approval of the Master Development Plan.

(a)

Purpose. The purpose of the planned business park district is to foster stability and growth in light industry, research and development and similar industries that are enhanced by access to transportation networks and that provide desirable employment opportunities for the general welfare of the community. The planned business park district targets relatively large contiguous land areas that can be developed according to a unified plan in a high quality, campus-like setting rather than on a lot-by-lot basis. The uses and standard in this district are intended to promote flexibility and innovation in site design and enhance the environmental quality and attractiveness of business parks in the community, enhance the natural or scenic qualities of the environment and protect the public health and safety.

(b)

Permitted and conditional uses. Chart 4, Commercial Zone Districts, lists the permitted and conditional uses for this district.

(c)

Accessory uses. Any of the following accessory uses are allowed within a building in a planned business park, and primarily intended to serve employees and visitors of the park:

(1)

Cafeterias or restaurants.

(2)

Banks.

(3)

Commercial retail establishments, not exceeding five thousand (5,000) square feet.

(4)

Day care centers, subject to the following additional standards:

a.

The property is located on a collector street, major road, minor street or private drive that serves only nonresidential uses or zoning districts, or on a minor street within one hundred (100) feet of an intersecting major street

b.

Screening of the play and parking areas from adjacent properties may be required.

c.

The maximum number of children to be accommodated on a site shall be specified.

d.

The following minimum areas shall be provided per child: Thirty (30) square feet of indoor play area, exclusive of restrooms, hallways, kitchen or office space; thirty (30) square feet of indoor rest area; and fifty (50) square feet of usable outdoor play area.

e.

State and local health, education, and. or fire regulations may reduce but shall not increase the number of students permitted to be enrolled.

(5)

Living quarters custodian, caretaker or watchman.

(6)

Health and fitness centers, primarily intended to serve occupants or business and research uses allowed in the PBP district.

(d)

Minimum area requirements.

(1)

PBP District: Five (5) contiguous acres under a common ownership. Measurement of acreage shall apply to land that is contiguous or would be contiguous except for separation by a public right-of-way or a railroad right-of-way.

(2)

Individual lot or building site within PBP district: One (1) acre.

(a)

Minimum yard requirements. Except for allowable accessory uses no building or structure shall be located within the following minimum yards:

Minimum front yard abutting right-of-way .....60 feet

Minimum front yard abutting driveway or internal street .....25 feet

Minimum side and rear yard abutting property zoned or used for residential purpose .....40 feet

Minimum size and rear yard abutting property zoned or used for nonresidential purpose .....25 feet

Minimum frontage on public right-of-way for PBP .....200 feet

(b)

Height limits.

(1)

Except as provided in paragraph (b) of this section: Forty-five (45) feet.

(2)

The maximum height limitations in paragraph (a) of this section shall not apply to heating and ventilation equipment, communication towers or utility structures, except that no structure exceeding forty-five (45) feet shall be located within two hundred (200) feet of any property zoned or used for residential purposes.

(c)

Maximum floor area ratio (FAR). The total FAR of all buildings within a PBP district shall not exceed 0.50 acre.

(d)

Amenity requirements.

(1)

A minimum of fifteen (15) percent of the gross land area within a PBP district shall be set aside as common open space to provide for the recreational needs of the employees and visitors of the business park

(2)

Required open space shall be usable for active recreational activities. Such as jogging, golf or tennis, or passive recreation uses, such as sitting, scenic viewing or lunch breaks. Open space areas shall be attractively landscaped and may contain water features, park benches, gardens, planting strips, trails, tennis courts or other recreational or landscaping amenities.

(3)

Common elements, such as undedicated streets or drives, recreational and parking facilities, open space and sanitary and storm sewers, shall be either:

a.

Maintained by the owners of the planned business park, pursuant to a maintenance agreement approved by the governing authority or

b.

Conveyed to and maintained by a common owner or property owners association, pursuant to covenants or a maintenance agreement approved by the governing authority, or

c.

Conveyed to a public body if such public body agrees to accept conveyance and to maintain the open space and any buildings, structures, or improvements located within it.

(4)

If common elements are to be maintained by a property owners association, the developer shall establish restrictive covenants for the entire project area. The restrictive covenants must be submitted to show compliance with these district regulations. Those covenants must, at a minimum:

a.

Create a property owners association;

b.

Provide for the maintenance of individual sites, common open spaces and private streets, private drainage facilities; and

c.

Provide for minimum development and operational standards for each site, which require adherence to local ordinances and establish uniform landscaping, signage, site design, parking and loading standards. The covenants may include additional restrictions or requirements at the discretion of the developer.

(e)

Off-street parking and loading space requirements.

(1)

Minimum number of spaces. Off-street parking facilities must conform to the standards set out in chapter 6 of this title, or in lieu of such standards, to requirements established by the governing authority.

(2)

Location of parking areas. Off-street parking areas shall be conveniently accessible to uses within a planned business park. Parking areas are strongly discouraged within front yards or setbacks adjacent to major streets.

(3)

Landscaping. Parking areas shall be landscaped according to the provisions of subsection (k) below.

(f)

Outdoor storage. Outdoor storage areas may be permitted as an accessory use on an individual lot with a planned business park provided that such storage is completely screened from adjoining uses within and outside the park as well as from public rights-of-way. The screening must be effective at the time it is installed, even if plant materials are used for all or part of the screening. No outside storage areas shall be permitted within any required setback or yard. In no event may the amount of land devoted to outside storage exceed twenty (20) percent of an individual lot area.

(g)

Screening requirements. Refuse containers, dumpsters, rooftop and outdoor HVAC equipment shall be screened with vegetation, fencing or berms so they are not visible from any street or adjacent property. Buildings or structures abutting a residential zone or use shall also be appropriately screened via perimeter landscaping.

(h)

Landscaping requirements. See landscaping section.

(i)

Lighting requirements. Lighting shall be provided in accordance with a plan designed by the appropriate utility company.

(1)

Lighting for safety shall be provided at intersection, along walkways, at entryways, between buildings, and in parking areas.

(2)

Lighting shall be directed downward or shield to avoid hazards to drivers or glare on abutting residential uses.

(j)

Underground utility lines. All utility lines such as electric, telephone, cable television, or other similar lines must be installed underground. This requirement applies to lines serving individual sites as well as to security and street lighting within the park. However, distribution lines that service the entire site may be located above ground. All utility boxes, transformers, meters, and similar structures must be screened from public view.

(k)

Access and traffic considerations.

(1)

Planned business parks shall be accessible from the existing or proposed street network in the vicinity. At least one (1) distinctive main gateway entrance to the park shall be provided. Access to the park shall be designed to discourage outside through traffic.

(2)

Curb cuts providing access to major streets shall be spaced a minimum of three hundred (300) feet from any other curb cut.

(3)

Traffic generated by occupants and users from the park shall not exceed traffic capacity standards established for the adjacent road network. A traffic impact study may be required to determine whether road improvements will be required.

(l)

Circulation system requirements. Separate circulation systems shall be provided for pedestrians, automobiles and delivery trucks.

(1)

Pedestrian circulation. Sidewalks shall be provided along any roadways that are served by bus or vanpool service, and between buildings or to parking areas or transit stops. The pedestrian circulation system and its related walkways shall be separated, whenever feasible, from the vehicular street system in order to protect the public safety and provide safe and convenient pedestrian routes. Except where topography makes it impracticable, sidewalks shall be appropriately designed, graded, constructed and surfaced to be readily usable by individuals in wheelchairs. Curb ramps shall be installed at all intersections and driveways to aid in wheelchair access.

(2)

Automobile circulation. The street circulation system serving a planned office park shall be internally y[ oriented and provide access for future development within the PBP designation as shown on the land use map.

(3)

Delivery truck circulation. Truck traffic and its related circulation system shall be separated, whenever feasible from automobile and pedestrian circulation system. Separate delivery entrances and circulation routes shall be clearly identified with appropriate signage.

(4)

Emergency vehicles. The street circulation system within a planned business park should be designed to ensure easy access for and maneuvering of emergency vehicles.

(m)

Sign regulations.

(1)

The general sign regulations of this title shall apply in PBP districts, in addition to the following special standards.

(2)

All signs within the PBP district shall be either:

a.

Wall signs; or

b.

Ground signs, not exceeding six (6) feet in height and landscaped with at least two (2) evergreen shrubs for each sign face.

(3)

Maximum number: One (1) ground sign at each entrance to the park, one (1) wall sign or ground sign for individual uses within the park, and any number of signs needed to provide directions, identify parking areas or aid in the safe and efficient traffic circulation within the park.

(4)

Maximum gross surface area of entrance sign: Forty-eight (48) square feet.

(5)

The following sign types shall be prohibited within a PBP district: permanent off-premise signs, pole signs, portable signs, roof signs, flashing signs, banners, streamers and other attention-getting devices.

(6)

A uniform sign plan shall be submitted and approved for each planned office park. The uniform sign plan shall specify consistent sizes, materials and colors of signs to be used throughout the property, or shall establish a hierarchy of different types of signs, consistent for all signs in each category. The design, colors and materials used for signs shall be compatible with the buildings that the signs serve.

(n)

Architectural design guidelines.

(1)

Buildings within a PBP district should conform to a uniform architectural style.

(2)

Metal "shed" type warehouse buildings prohibited. Exteriors of natural materials, such as concrete, brick, granite, or wood, are more compatible with the purposes and character of PBP district.

(3)

The entrance or entrances to a park should receive special emphasis in design and construction. It should set the tone for the development within and should create an identity for the project at the project street frontage. Special attention should be paid to signage, landscaping, street configuration, and future transit potential and traffic circulation. At a minimum, a divided street entrance must be used at the principal entrance to the site.

(o)

Preliminary site plan review required. This shall be required at the time that the rezoning request is presented. It is designed that the applicant can meet the minimum requirements as set forth in this chapter regarding setbacks, open space, impervious surface, etc. The PBP shall be established only upon application, after public hearing, and shall require an approved preliminary site plan according to the procedures of this chapter.

(p)

Final site plan review required. This shall be required at the time that each entity desires to construct within the PBP. Approval of a final site plan shall permit the applicant to apply for any other permits and approvals including, but not limited to, building permits, certificates of occupancy, and other permits and approvals required under the Horn Lake Building Code of Ordinances.

(q)

Period of validity. If construction of the planned business park is not started within two (2) years of the date of the rezoning, the governing authority may consider rezoning the site to its previous classification. The applicant, by showing good cause why he cannot adhere to the approved timetable may seek an extension of not more than one (1) year at a time. A request for extension shall be submitted in writing to the planning commission and governing authority.

(r)

Amendment to the approved site plan. A site plan shall be amended in accordance with the procedures and standards that governed its approval, except for minor deviations, including, but not limited to:

(1)

A less than five (5) percent increase in the floor area.

(2)

A less than ten (10) percent decrease in the required parking spaces or common open space.

3)

The relocation of any structure, dedicated street, easement or landscape screen in any direction from the location shown on the site plan for:

a.

Less than twenty-five (25) feet for site plans of less than two (2) acres

b.

Less than fifty (50) feet for site plans of two (2) to eight (8) acres.

c.

Less than one hundred (100) feet for site plans of eight (8) to twenty (20) acres

d.

Less than one hundred fifty (150) feet for site plans of more than twenty (20) acres.

1.

Temporary structures as defined in this ARTICLE shall be permitted in connection with the following permitted temporary uses:

a.

Contractor's offices, testing facilities, construction materials and/or equipment, and other temporary structures incidental and necessary to a specific construction project when the intended use is by a contractor in conjunction with a construction project that has been approved by the Planning Commission and Governing Authority, and for which a valid building permit has been issued; or for any construction project for which a building permit is not specifically required (i.e. utilities, road construction, etc.).

b.

Real estate offices engaged in the sale or rental of real property, if in connection with and incidental and necessary to a real estate development that has been approved by the Planning Commission and Governing Authority.

c.

Temporary structures for use during renovation of existing, or construction of new office space within non-residential zone districts in conjunction with a site plan that has been approved by the Planning Commission and Governing Authority and/or for which a valid building permit has been issued.

d.

Temporary structures associated with activities/events sanctioned by the Planning Commission and Governing Authority in accordance with policy guidelines it establishes or as elsewhere codified.

e.

Temporary structures shall not be erected in connection with residential yard sale.

f.

Under no circumstances shall temporary structures be used for living or sleeping purpose.

2.

Temporary structures in connection with the above permitted temporary uses shall be permitted within all zone districts, subject to the following provisions:

a.

Temporary structures used for non-residential purposes (i.e. commercial/industrial development) shall not be permitted within residential districts;

b.

Temporary structures used in connection with a utility related, public works, and/or road construction project shall not be permitted within any residential district unless the Planning Commission and Governing Authority have first approved a site plan for such temporary structure(s).

3.

The number and location of temporary structures shall be subject to the following provisions:

a.

The Planning Director may permit a maximum of two (2) temporary structures per each related, permitted temporary use.

b.

The Governing Authority may authorize the erection of additional temporary structures based on particular and specific circumstances.

c.

Temporary structures shall be located on the same property on which a permitted temporary use is conducted.

d.

The erection of off-site temporary structures shall not be permitted unless a site plan for such off-site temporary structure(s) has first been approved by the Planning Commission and Governing Authority.

e.

Temporary structures shall comply with all bulk and parking requirements of the zone district in which they are located.

f.

The Planning Director shall be authorized to designate the precise location of a temporary structure(s) where unique site conditions warrant.

4.

The duration for temporary structures shall be subject to the following provisions:

a.

Temporary structures associated with construction projects, as provided herein, shall be removed upon the issuance of a certificate of occupancy, or completion of the permanent structure, or completion of any other construction related project (i.e., utilities, road construction, etc.) as determined by the Zoning Administrator;

b.

Temporary structures associated with the sale or rental of real property, as defined herein, shall be removed after twelve (12) months or when the last lot or unit is sold, whichever occurs first;

c.

The duration for any other temporary structure shall be as specified by the Governing Authority, but none shall exceed 365 days.

d.

Sites permitted for temporary structures shall be returned to their original condition upon the removal of said structure(s).

5.

Temporary structures (uses) shall require a building permit.

A Short-Term Lender shall be located no closer than 1,000 feet from any other established Short-Term Lender.

(Ord. No. 18-05-252, § 4, 5-15-2018)

1.

Photovoltaic Solar Energy Systems. A photovoltaic solar energy system ("solar energy system") is permitted in all zoning districts as an accessory use to a principal use. A solar energy system is considered an accessory use when the power generated from the solar energy system is equal to or less than the expected power usage of the principal use and any other accessory use on the property. The installation and construction of a solar energy system shall be subject to the following design standards and installations:

a.

In all Commercial zoning districts any solar energy system shall be required to meet front, side and rear, set-backs as set forth in the applicable zoning district.

b.

In all residential districts, no portion of a solar energy system shall be located within or above any front yard, or side corner yard.

c.

In all residential districts that have roof mounted solar energy systems, installations are to lay flat, and cannot exceed the principal building height in the applicable zoning district.

d.

A ground mounted or pole mounted system, measured when oriented at maximum design tilt shall not exceed the maximum building height in the applicable zoning district.

e.

Ground mounted and pole mounted solar energy systems shall be located so that any glare is directed away from any adjoining property and may be subject to screening, capable of providing year round screening along the non-reflective sides of the solar collection device.

f.

In all residential zoning districts that have a ground mounted or pole mounted solar energy system, the setback distance from the rear and side property lines, measured when the system is oriented at minimum design tilt, shall be equivalent to the building setback of the applicable zoning district.

g.

An electrical permit shall be obtained before installation. Any electrical work shall be done by a licensed electrician. All electrical lines shall be buried underground at a minimum distance of twelve inches (12"). All lines that are attached to house shall be secured and fastened.

h.

A building permit shall be obtained when structural and wind loads are a concern and when needing extensive racking and/or footings.

i.

Any solar energy system that has not been in use for its original purpose for a period of one hundred eighty (180) days shall be deemed to be abandoned. The solar energy system owner and/or property owner shall have an additional ninety (90) days to remove the abandoned solar energy system or to reactivate the solar energy system.

(Ord. No. 19-09-260, § 4, 9-17-2019)

1.

Cultivation, disposal, processing, research, testing, and transportation facilities and entities are prohibited.

2.

Medical Cannabis Dispensary ("Dispensary").

a.

Dispensaries are permitted in areas zoned as commercial or for which commercial use is otherwise authorized or not prohibited on parcels with frontage on Goodman Road (State Highway 302), U.S. Highway 51, Nail Road (east of its intersection with U.S. Highway 51), Interstate Boulevard, and Dancy Boulevard (east of its intersection with Pasadena Drive).

b.

No Dispensary may be located within one thousand seven hundred feet (1,700') of any school, church, or child care facility, as measured in a straight line without regard to intervening objects or structures from the nearest property lines of the proposed Dispensary and any school, church, or child care facility. For any school, church, child care facility, or proposed Dispensary located within a leased or rented space as a part of a shared structure or parcel in which other establishments are located, such as a shopping center, strip mall, etc., the distance shall be measured from the main pedestrian point of entry of the leased or rented space.

c.

No Dispensary may be located within one thousand seven hundred feet (1,700') of another Dispensary, as measured in a straight line without regard to intervening objects or structures from the nearest property lines of the proposed Dispensary and existing Dispensary. For any Dispensary or proposed Dispensary located within a leased or rented space as a part of a shared structure or parcel in which other establishments are located, such as a shopping center, strip mall, etc., the distance shall be measured from the main pedestrian point of entry of the leased or rented space.

d.

All Dispensaries shall be located within the interior of a completely enclosed building in a permitted location only. The building must have clearly visible glass front windows free of any view restrictions, including, but not limited to flashing, strobe, or stationary lights and marketing or advertising material/signage; the only exception is for security bars, which must be installed on all windows and doors.

e.

All Dispensaries shall maintain security, including, but not limited to:

i.

Monitored after-hours electronic devices to indicate an intruder (i.e. burglar alarm).

ii.

A physically present, insured, and bonded armed security guard, possessing a security guard permit issued by the state, during operational hours; or a physically present, armed employee of the dispensary, possessing a concealed carry firearm permit issued by the state, during operational hours. The dispensary shall maintain a current list of the name(s) of its armed employee(s) and provide such list (and any changes thereto) to the city police department.

iii.

Video surveillance showing all areas of the Dispensary (interior and exterior, but excluding bathrooms).

f.

Operational hours for Dispensaries shall be from 7:00 a.m. until 10:00 p.m., Monday through Saturday. Dispensaries shall be closed on Sunday and legal holidays recognized by the State of Mississippi.

g.

Dispensaries may only sell medical cannabis and related educational materials. Dispensaries are not permitted to sell, distribute, give away, or otherwise retail any other products or items, including, but not limited to paraphernalia, equipment used for medical cannabis, or related supplies.

h.

Dispensaries may not share space with any other business and may not have a drive through, curbside pickup, or delivery services.

(Ord. No. 23-03-291, § 3, 3-7-2023; Ord. No. 24-01-298, § 2, 1-23-2024; Ord. No. 24-08-300, § 2, 8-20-2024)