For the purposes of this chapter, the city is hereby divided into the following zoning districts:

R-1 One-family residential district.

R-2 One- and two-family residential district.

R-3 Multiple-family residential district.

R-4 High density apartment and office district.

R-5 Mobile home park district.

R-6 Residential and low intensity office district.

C-1 Neighborhood commercial district.

C-2 Community commercial district.

C-3 Central commercial district.

C-4 General commercial district.

I-1 Light industrial district.

I-2 General industrial district.

(Code 1977, § 5.21)

The zoning districts are bounded and defined on the map entitled zoning map of the city. The map and all notations, references and other information shown thereon, are hereby made a part of this chapter.

(Code 1977, § 5.22; Ord. No. 2003.18, § 1, 11-15-03; Ord. No. 2004.1, § 1, 2-10-04; Ord. No. 2004.5, § 1, 4-13-04; Ord. No. 2004.6, § 1, 4-13-04; Ord. No. 2004.7, § 1, 4-13-04; Ord. No. 2004.10, § 1, 5-12-04; Ord. No. 2004.11, § 1, 5-12-04; Ord. No. 2004.12, § 1, 6-8-04; Ord. No. 2004.13, § 1, 6-8-04; Ord. No. 2004.16, § 1, 9-14-04; Ord. No. 2004.17, § 1, 9-28-04; Ord. No. 2005.5, § 1, 5-10-05; Ord. No. 2009.7, § 1, 5-12-09; Ord. No. 2009.8, § 1, 5-26-09; Ord. No. 2010.06, § 1, 5-11-10; Ord. No. 2011.03, § 1, 1-11-11; Ord. No. 2011.07, § 1, 4-26-11; Ord. No. 2011.10, § 1, 7-19-11; Ord. No. 2011.13, § 1, 8-16-11; Ord. No. 2011.18, § 1, 10-25-11; Ord. No. 2014-1, § 1, 2-11-14; Ord. No. 2014-12, § 1, 4-22-14; Ord. No. 2014-28, § 1, 10-28-14; Ord. No. 2014-31, § 1, 12-2-14; Ord. No. 2016-01, § 1, 1-12-16; Ord. No. 2016-03, § 1, 2-9-16; Ord. No. 2016-06, § 1, 3-29-16; Ord. No. 2016-28, § 1, 10-25-16; Ord. No. 2019-01, § 1, 1-15-19; Ord. No. 2019-15, 1, 12-17-19; Ord. No. 2019-16, 1, 12-17-19; Ord. No. 2020-17, § 1, 10-13-20)

Except where specifically designated on the zoning map, the zoning district boundary lines are intended to follow lot lines, the centerlines of streets or alleys, centerlines of railroads rights-of-way lines, or channelized waterways as they existed at the time of the adoption of this chapter. Where a district boundary line does not coincide with any of these designated lines, its location shall be fixed from the scale of the official zoning map by the zoning board of appeals.

(Code 1977, § 5.23)

Where a district boundary line, as shown on the zoning map, divides a platted lot or unplatted property which was in single ownership and of record at the time of the adoption of this chapter, the least restricted portion of such lot or property under this chapter shall be considered as extending to the entire lot or property, if the more restricted portion is entirely within twenty-five (25) feet of the dividing district boundary. The entire use shall be deemed to be conforming.

(Code 1977, § 5.24)

Whenever any street, alley or other public way is vacated by official action, the zoning districts adjoining the sides of the public way shall be automatically extended to include the right-of-way of the public way vacated, which shall be subject to all regulations of the extended district or districts.

(Code 1977, § 5.25)

The R-1 one-family residential district is established for low to medium density single-family residential neighborhoods. The regulations are intended to stabilize, protect and encourage the residential character of the district and prohibit all activities of a commercial nature. Development is limited to single unit dwellings, home occupations, plus certain conditional uses that are compatible and convenient to the residents in the district.

(Code 1977, § 5.31)

The one- and two-family residential district is established to allow a compatible commingling of one- and two-family dwellings. The regulations are intended to stabilize and encourage the residential character of the district and to prohibit all activities of a commercial nature. Development is limited to one- and two-family dwelling units, home occupations plus certain conditional uses that are compatible and convenient to the residents in the district.

(Code 1977, § 5.32)

The multiple-family residential district is established for multiple-family residential use. The regulations are designed to protect and promote a more intensive residential character than the R-1 and R-2 districts and to prohibit all commercial activities. All types of residential structures are permitted, but the predominant type will be multiple-family dwellings, including apartments, townhouses and conversations of single-family dwellings into multiple units.

(Code 1977, § 5.33)

The high density apartment and office district is established for high density residential uses located close to the central business district. The district permits all types of residential use and limited professional and business development. Permitted uses include apartments, clinics, offices, clubs and headquarters for group organizations.

(Code 1977, § 5.34)

The mobile home park district is composed of areas suitable for residential development. It is limited to the prefabricated types of single-family mobile dwelling units and other uses characteristic of a residential area. This district is not intended to exclude mobile home subdivisions or individually sited mobile homes from locating in other residential districts. Rather it is designed to allow for a greater density and flexibility in design that is otherwise allowed in residential districts by setting standards for a mobile home park development. Mobile home park regulations are approved by the state mobile home commission and are found in the supplemental provisions section of this chapter.

(Code 1977, § 5.35)

The residential and low-intensity office district is designed to maintain low intensity uses in those areas of the city where changing traffic volumes and patterns can generate more intensive land uses. This district encourages a mixture of low intensity residential uses and administrative or professional office uses that generate little pedestrian or automobile traffic. It is specifically intended to prohibit commercial establishments of a retail nature that are involved with the sale or repair of goods, wares or merchandise.

(Code 1977, § 5.36)

The neighborhood commercial district is established to service the daily and weekly household or personal needs of abutting residential neighborhoods. It permits the retailing of commodities classed by merchants as "convenience goods," such as groceries and drugs, and the furnishing of certain personal services such as beauty and barber shops. This district is small, located at the intersection of two (2) streets, and is usually surrounded by residential districts. The regulations of this district are designed to encourage development of designated uses and services needed for the neighborhood without creating a strong commercial atmosphere.

(Code 1977, § 5.37)

The community commercial district is composed of certain land and structures used primarily to provide all types of "convenience goods," as described in the C-1 district, and limited types of "durable shoppers goods," such as household furnishings, hardware, and apparel. The district also permits services such as gasoline stations and branch banks. The district usually occupies more area than a C-1 district, is located on or near arterial streets, and is designed to serve more than one (1) neighborhood.

(Code 1977, § 5.38)

The central commercial district represents the focal point of the city's commercial, office and civic activity. It is designed to provide retailing, personal services, parking and business services for the entire urban area. The district also supports mixed use developments that include residences as well as commercial and office space. Residential use is encouraged on the upper level floors of structures. The district, located at the area of convergence of arterial streets and highways, is surrounded on all sides by districts which are given over to general business, light industrial, office and high density residential uses or some combination. Recognized as the "central business district" of the metropolitan area, the regulations are designed to:

(1)

Encourage a strong, compact central core.

(2)

Realize and enhance the existing character of certain areas.

(3)

Encourage primary parking areas in proximity to the uses they serve and to discourage auto and pedestrian interaction.

(4)

Provide and maintain green spaces that can act as activity areas for employees and shoppers.

(Code 1977, § 5.39; Ord. No. 2006.17, § 1, 11-14-06)

The general commercial district is composed of certain land and structures used to provide all types of retail goods and services for the residents of the city and surrounding communities. The district also provides wholesale supply services, warehousing facilities, intracity truck transfer services and limited types of fabrication in support of the central business district and industrial districts. The regulations are intended to encourage development of the district in a manner compatible with its best uses and to protect any abutting residential districts.

(Code 1977, § 5.40)

The light industrial district is designed to provide suitable space for industrial uses that operate in a safe, nonobjectionable and efficient manner, and so require a minimum of buffering measures from adjoining nonindustrial zoning districts. These uses generate a minimum of noise, glare, odor, dust, vibration, air pollutants, water pollutants, fire, explosive or radioactive hazards, or other harmful or obnoxious matter. Any use allowed as a permitted or conditional use in the C-4 district, except the planned building group shopping center and the work release (halfway) house, shall be considered a valid permitted or conditional use in this district.

(Code 1977, § 5.41; Ord. No. 93-10, § 1, 7-20-93; Ord. No. 93-18, § 1, 9-28-93; Ord. No. 2006.11, § 1, 7-18-06)

The general industrial district is designed to provide suitable space for industrial operations of all types and adult entertainment enterprises that can comply with all provisions of this chapter and can assure protection of the public interest and surrounding property and persons. The City of Jackson, in adopting this section, recognizes, the secondary blighting effects caused by concentration of adult entertainment uses proven in other areas of the state and nation. Any use allowed as a permitted or conditional use in the I-1 district, except those expressly listed in the C-4 district, shall be considered a valid permitted or conditional use in this district.

(Code 1977, § 5.42; Ord. No. 93-10, § 1, 7-20-93; Ord. No. 93-18, § 1, 9-28-93; Ord. No. 2003.16, § 2, 11-25-03)

(a)

Intent. The PUDD is designed to offer an alternative to the fixed provisions typical to traditional zoning districts by creating a separate district. The PUDD regulations offer flexibility in development design by using performance criteria to regulate development. Where these criteria are deemed appropriate, a PUDD approval process, as the basis for land use control, can replace the dimensional and use specifications of traditional districts.

(b)

Objectives. PUDDs must achieve the following objectives:

(1)

Promote maximum choice in the types of environment, lot sizes, and community facilities available.

(2)

Encourage more usable tracts of land for open space, recreational purposes, and common use.

(3)

Preserve trees, outstanding natural topography, and geologic features, and prevent soil erosion.

(4)

Preserve historically and culturally significant structures and areas of the city.

(5)

Offer creativity through mixed-use developments to promote urban-cultural diversity.

(6)

Encourage creative use of land and reuse of existing structures, which can be planned to relate to surrounding physical development.

(7)

Attain more efficient use of land as a result of smaller networks of utilities and streets, and thereby lower costs.

(8)

Achieve a development pattern in harmony with the objectives of the comprehensive plan.

(9)

Provide an opportunity to locate necessary community facilities within residential neighborhoods.

(10)

Create a more desirable environment than would be possible through the application of strict zoning requirements applied in other sections of this chapter.

(c)

Applicant requirements. As a condition precedent to PUDD zoning approval, an applicant for a PUDD must demonstrate that:

(1)

The PUDD will result in a recognizable and substantial benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved.

(2)

The proposed type and density of use will not result in an unreasonable increase in the use of public services, facilities, and utilities, and will not place an unreasonable burden upon the subject or surrounding land, property owners and occupants, or the natural environment.

(3)

The proposed PUDD will not have a materially adverse impact upon the land use plan of the city and will be consistent with the intent and spirit of this chapter.

(4)

The proposed PUDD will be under single ownership or control and there will be a single person or entity having responsibility for completing the project. This provision will not prohibit a transfer of ownership or control, upon due notice to the chief building inspector.

(d)

Project design standards.

(1)

Both residential and nonresidential uses are permitted with a maximum density and intensity determined appropriate by the city planning commission based upon the applicant's demonstration of design excellence in the PUDD that results in a substantial benefit to all or a significant portion of ultimate users of the PUDD. These benefits may include development of innovative design producing significant energy efficiency, historic or cultural preservation, pedestrian or vehicular safety, or a long-term aesthetically pleasing appearance.

Nonresidential uses, including parking and vehicular traffic-ways, must be separated and buffered from residential units in a manner consistent with good land and community planning principles; provided, it is recognized that this provision may have limited application to multi-use buildings.

(2)

The PUDD must be designed so as to promote preservation of natural and cultural resources and features. In the interpretation of this provision, natural and cultural resources and features may be impaired or destroyed if it is in the public interest to do so. In determining whether action is in the public interest, the benefit which would reasonably be expected to accrue from the PUDD must be balanced against the reasonably foreseeable detriment caused by the loss of the natural and cultural resources and features, taking into consideration the local, state, and national concern for the protection and preservation of natural and cultural resources and features, and taking into account the provisions and standards of any environmental protection act or historic preservation act.

(e)

Pre-application conference. Before the application is submitted for approval, the applicant must meet with the appropriate city staff and other consultants, as either deem appropriate. At the conference, the applicant must present at least a sketch plan of the PUDD, as well as the following information:

(1)

A legal description of the property in question.

(2)

The total number of acres in the project.

(3)

A statement of the approximate number of residential units, the approximate number and type of nonresidential units, and the approximate number of acres to be occupied by each type of use.

(4)

The number of acres to be preserved as open or recreational space.

(5)

All known natural resources and natural features.

(f)

Procedure for review and approval of preliminary plan.

(1)

The applicant must submit seventeen (17) copies of a preliminary plan, including a preliminary site plan, to the chief building inspector within ninety (90) days following the pre-application conference required above. The chief building inspector will present the preliminary plan to the planning commission for consideration at a regular or special meeting following the pre-application conference.

(2)

The preliminary plan must include the following:

a.

Applicant's name and address.

b.

The name of the proposed PUDD.

c.

Common description of property and complete legal description.

d.

Dimensions of land, width, length, acreage and frontage.

e.

Existing zoning and zoning of all adjacent properties.

f.

Statement of intent of proposed use of land and any phasing of the project.

g.

Name, address, city and phone number of firm or individual who prepared the plan, the owner of the property, and the applicant, if other than owner.

h.

Existing and proposed right-of-way width of all adjoining and internal roads, and layout of all internal roads.

i.

Proposed acceleration, deceleration, and passing lanes.

j.

Location of existing drainage courses, floodplains, lakes, streams, and wetlands.

k.

Intentions with respect to water and sewer.

l.

All parking areas and number of spaces by size.

m.

The number and location of areas to be preserved as open or recreational space.

n.

All known natural and cultural resources and features.

o.

Density calculations for residential units, number and types of units (if applicable), and floor area per habitable space.

p.

A community impact statement if the property on which the PUDD is to be situated consists of twenty-five (25) acres or more.

q.

A fair representation of the PUDD concept, including each type of use, square footage or acreage allocated to each use, approximate locations of each principal structure and use in the development, setbacks, typical layout and elevation for each type of use.

r.

Specification of each deviation from the applicable ordinance regulations which will be sought to be approved, and the safeguards, features or planning mechanisms proposed to achieve the objectives intended to be accomplished by the regulations from which a deviation is being sought.

s.

The planning commission or the city council may require a topographical map if the size of the project or nature of the topography indicates that such document would be meaningful to the review.

(3)

Planning commission review of preliminary plan. The planning commission will review the preliminary plan during a public hearing. Notice of the hearing shall be provided as required in section 28-8. At the hearing, the planning commission may make reasonable inquiries of and receive answers from the applicant. Following review, the planning commission must provide the applicant with written comments, which will become part of the official minutes of the planning commission. The action of the planning commission must take place within sixty (60) days of receipt of all materials required in the preliminary plan, unless mutually agreed upon between the planning commission and the applicant.

(4)

City council review of preliminary plan. The planning commission must forward the preliminary plan, together with its written comments, to planning staff who will notice the preliminary plan for public hearing before the city council. Notice of the hearing shall be provided as required in section 28-8. Within a reasonable time following the public hearing, the city council must approve, approve with conditions, or deny the preliminary plan. If the council approves, or approves with conditions, the preliminary plan, it will be an authorization of the concept embodied in the preliminary plan, subject to submission, review, and approval of the final plan described below. In reviewing the preliminary plan, the city council will review and determine whether the basic concept of the proposal is consistent with the intent and spirit of this chapter. In no case may the preliminary approval be construed as a final approval of the plan and the preliminary approval is subject to review and approval of the final plan.

(5)

Criteria for preliminary approval. The planning commission and city council will consider the following relevant criteria: compliance with all related applicable regulations; perimeter setback and berming; thoroughfare, drainage, and utility design; underground installation of utilities; insulation of the pedestrian circulation system from vehicular thoroughfares and ways; achievement of an integrated development with respect to signage, lighting, landscaping, and building materials; and, particularly in cases where nonresidential uses adjoin off-site residentially zoned property, noise reduction and visual screening mechanisms.

(g)

Procedure for submission and review of final plan.

(1)

The final plan constitutes an application to amend this chapter, and upon receipt will be noticed for public hearing before the planning commission and the city council for rezoning, as consistent with section 28-8 or as provided by law.

(2)

Within six (6) months following receipt of the preliminary plan approval, the applicant must submit to the chief building inspector seventeen (17) copies of a final plan, including a final site plan. If the final plan is not submitted within six (6) months, the preliminary plan approval lapses and the applicant must recommence the review process. However, the city council may extend the time for submission of the final plan if the applicant shows that no material change of circumstances has occurred including that the law and ordinance impacting upon the PUDD have not changed.

(3)

The final plan must include the following:

a.

All requirements for the preliminary plan.

b.

All requirements for site plan review under this chapter.

c.

A site plan showing the type, location and density of all uses.

d.

All open spaces, including preserves, recreational areas, and the like, and each purpose proposed for such area.

e.

Evidence of market need for the use and economic feasibility of the development.

f.

A detailed landscaping plan.

g.

A specific schedule of the intended development and construction details, including phasing or timing, and the general improvements to constitute a part of the development, including at least lighting, signage, utilities, visual screening features and the mechanisms designed to reduce noise.

(h)

Review of final plan.

(1)

Reasonable conditions may be required with the approval of a PUDD rezoning, to the extent authorized by law, for the purpose of insuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased services and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources and energy, insuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed must be designed to protect natural and cultural resources and the public health, safety, and welfare of individuals in the PUDD, those immediately adjacent thereto, and the community as a whole; must be reasonably related to the purposes affected by the planned unit development; and must be necessary to meet the intent and purpose of this chapter. All conditions imposed must be made a part of the record of the approved PUDD.

(2)

The city council may depart from compliance with a generally applicable regulation when such is consistent with the PUDD and the city council finds that the plan provides adequate mechanisms to achieve the regulation's original objective.

(3)

The approval of the PUDD rezoning, together with all conditions imposed, will constitute the land use authorization for the property. All improvements and uses must be in conformity with such plan and any approved amendments thereto. Upon approval, the property for which the plan has been approved will be designated "PUDD" on the official zoning map of the city. The applicant must record an affidavit with the register of deeds containing the legal description of the entire development, specifying the date of approval of the PUDD, and declaring that all future development of the PUDD property has been authorized and required to be carried out in accordance with the approved PUDD unless the city council adopts an amendment at the request or approval of the applicant, or applicant's transferees or assigns.

(i)

Phasing and commencement of construction.

(1)

Where a PUDD is proposed for construction phases, the planning and designing must be such that, upon completion, each phase will stand on its own in terms of the presence of services, facilities, and open space, and will contain the necessary components to insure protection of natural resources and the health, safety, and welfare of the users of the PUDD and the residents of the surrounding area.

(2)

Construction must be commenced within one (1) year following final approval of a PUDD rezoning, or within one (1) year of any other necessary governmental approval for commencement of the development, whichever is later, provided all other necessary approvals have been actively pursued. Each phase of the PUDD must commence within one (1) year of the schedule established for it in the application submitted for the PUDD. If construction is not commenced within such time, any approval of the final plan for the PUDD lapses and is null and void. However, the city council may grant an extension for a specified time period if the applicant makes a request for extension before the expiration of the initial period and demonstrates good cause. If the final plan expires, the city council may rezone the property in any reasonable manner. If the property remains classified as a PUDD, a new application for a PUDD must be filed and reviewed in light of the then existing and applicable law and ordinance provisions.

(j)

Fees. Fees, as established by city council resolution pursuant to section 28-6, must be paid when the applicant files the preliminary plan and the final plan.

(Ord. No. 2003.10, § 1, 8-12-03; Ord. No. 2011.15, § 3, 8-16-11)