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1401-A Purpose and Intent It is the purpose and intent of this Article to set forth the duties, powers and limitations of officials, departments, committees and other groups which are or may be concerned with the administration and enforcement of this Ordinance. 1402-A Office of the Zoning Administrator There is hereby established the Office of Zoning Administrator within the auspices and staff of the Department of Planning and Development, who, under general supervision of the Planning Director, will administer and enforce provisions of this Ordinance, and whose duties shall include, though not be limited to: 1. Maintaining the Official Zoning Map in good and useful condition and properly recording on the Map all of the amendments to the Ordinance that change boundaries of the Zoning District. 2. Issuing of Zoning Applications and other forms. 3. Providing public information relating to zoning matters. 4. Registration and maintenance of records and maps on non-conforming uses, structures and undeveloped lots. 5. Providing staff for Planning Board, preparing routine staff reports and recommendations on zoning and planning matters to be heard by the Board. 6. Reporting any zoning violations noted to Zoning Inspectors. 7. Keeping permanent records of zoning decisions, Site Plan Review Committee decisions, and other zoning matters. 8. Defining words or phrases of this Ordinance which are not found under Article II, Interpretation and Definitions. 9. Acting as advisor to City Council on zoning and zoning-related matters. 10. Preparing recommendations for Comprehensive rezonings. 11. Preparing Conservation Overlay District text and recommending specific areas which could benefit from overlay district requirements. 1403-A Administrative Interpretation of Ordinance In the event there is a question concerning the general intent or meaning of any provision of this Ordinance text, or the positioning of district boundaries, or of district designation, or other matter relating to the Official Zoning Map, the Zoning Administrator shall have the right to make such administrative decisions and interpretations. 1403.01-A Limitations: Administrative interpretation shall in no manner be construed as permitting or granting an exception or variance to the provisions of this Zoning Ordinance. 1404-A Enforcement: The Zoning Ordinance shall be enforced by the Zoning Administrator or his designee. Upon documentation of violations of the provisions of this Ordinance, the Zoning Administrator, shall notify in writing, by mail, the person or persons responsible for such violations, indicating the nature of the violation, and ordering the action necessary to correct it. The Zoning Administrator or his designee shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with, or to prevent violation of, its provisions. 1405-A Building Permits Required: No building, fence, wall, satellite dish antenna, commercial communication tower or other structure shall be constructed, erected, enlarged, altered, repaired, moved, or demolished, and the occupancy (use category) of any building or structure shall not be changed, without first obtaining a permit from the Building Official for the City of Jackson. No building permit shall be issued by the Building Official except in conformity with the provisions of this Ordinance. 1406-A Application for Building Permit: Every application for a building permit shall be accompanied by a drawing to scale, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the actual shape, location, size, and height of any building or structure; the number of dwelling units; and such other information as the Building Official may require as necessary to satisfy the provisions of all construction codes adopted by the City of Jackson. 1407-A Zoning Review of Building Permit Application All applications for building permits shall be reviewed by the Zoning Administrator and approved or disapproved as to zoning requirements. 1501-A Designation of City Planning Board The City Planning Board has been designated by the City Council as the Advisory Committee to the City of Jackson in zoning matters and is vested with the rights and responsibilities as provided in Mississippi Code Annotated 17-1-17 (1972). The City Planning Board shall adopt reasonable rules and regulations governing the conduct of its zoning affairs and in keeping with the provisions of this Ordinance. 1502-A Powers and Duties The City Planning Board shall have the following powers and duties as hereinafter listed: 1. To hold public hearings on rezonings, area-wide rezonings, establishment of overlay zoning districts, text amendments, use permits, special exceptions to and/or variances from the provisions of this Ordinance. 2. To make a written decision of its finding on each application, which decision will become a recommendation to the City Council. 3. To affirm, reverse, or modify any written order, determination, interpretation, requirement, or decision of the Zoning Administrator, as may be deemed advisable or from which an appeal may be made, all in accordance with the provisions of this Ordinance. 1503-A City Planning Board's Zoning Meeting The City Planning Board's Zoning Meeting shall be governed by the rules for the conduct of its zoning affairs as adopted by the City Planning Board. Officers shall consist of a Chairperson, as determined by the Chairman of the City Planning Board, responsible for the conduct of all City Planning Board's Zoning meetings and hearings; a Vice Chairperson, who shall act for the Chairperson in their absence, and a Recording Secretary. The City Planning Board's Zoning Meeting may secure the services of a Court Reporter to assist a recording secretary in obtaining complete and accurate minutes of the City Planning Board's Zoning Meeting proceedings, and/or may authorize use of a tape recorder. To preserve order during conduct of meetings and public hearings, the Zoning Administrator shall act in the capacity of Sergeant at Arms. 1504-A City Planning Board's Zoning Meetings The City Planning Board's Zoning Meeting shall meet at the call of the Chairperson upon determination of need, as advised by the Zoning Administrator and at such other times as the City Planning Board may require to discharge its duties and responsibilities in the conduct of public hearings and in upholding the provisions of this Ordinance, provided, however, that the City Planning Board shall have a zoning meeting at least once each month, such meeting to be held on a regularly established schedule, time, and place open to the public. 1505-A Proceedings of the City Planning Board's Zoning Meeting The City Planning Board shall keep a record of its proceedings at zoning meetings, all of which shall be a matter of public record, in the office of the Zoning Administrator, and shall make a report of its findings on each petition heard to the City Council. 1506-A City Planning Board Recommendation At the conclusion of each zoning meeting, the City Planning Board shall formulate a recommendation on each petition presented at a zoning meeting upon which a hearing was held. At the conclusion of a zoning meeting, the City Planning Board shall forward its recommendation together with maps and other descriptive materials, including a transcript of testimony, but only in the event of an appeal, to the City Council for their consideration and official action. The Planning Department office shall maintain a file of data and materials on all zoning proceedings of the City Planning Board's Zoning Meeting and of the City Council. 1601-A Schedule Established The City Council may establish a schedule of fees, charges, and expenses and a collection procedure for certificates of zoning compliance, appeals, and other matters pertaining to this Ordinance. 1602-A Collection Office The schedule of fees, charges and expenses shall be posted in the office of the Zoning Administrator, who shall be responsible for their collection. The schedule may be altered or amended only by the City Council. Until all applicable fees, charges, and expenses have been paid in full, no action will be taken on any application or appeal. Fees Established Additional Costs Action Fee Paid to 3rd party Rezoning (Map Change) $501.00 Publication fees paid to newspaper Special Exception $301.00 Publication fees paid to newspaper Use Permit $501.00 Publication fees paid to newspaper Zoning Variance $301.00 Publication fees paid to newspaper Appeal of Planning Board Decision N/A Additional Publication fees Cost of Transcript to independent court reporter Rezonings (Map Amendments) Text Amendments, Special Exceptions, Variances, Use Permits, Withdrawals and Postponements 1701-A General Provisions The regulations, provisions, restrictions and district boundaries set forth in this Ordinance may from time to time be amended, supplemented, changed or repealed. Also from time to time, the public health, safety or general welfare of the community may require that Special Exceptions, Variances, and Use Permits be granted in specific cases as set forth in the Ordinance. 1701.01-A Purpose of Use Permits: The development and execution of this Ordinance is based upon the division of the community into districts, within which districts the use of land and building and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which are generally compatible with the land uses permitted in a zoning district, but due to their unique characteristics, require individual review to ensure the appropriateness and compatibility of the use on any particular site. Use Permits may therefore be granted by the City Council for those uses enumerated in each of the zoning districts established in Article III, 301, of this Ordinance in accordance with the standards and procedures of this Article and the standards enumerated for each Use Permit in the district regulations. 1701.02-A Application of Use Permits: When considering application for Use Permits, the City Council shall consider the extent to which: 1. The proposed use is compatible with the character of development in the vicinity relative to density, bulk and intensity of structures, parking, and other uses; 2. The proposed use will not be detrimental to the continued use, value, or development of properties in the vicinity; 3. The proposed use will not adversely affect vehicular or pedestrian traffic in the vicinity; 4. The proposed use can be accommodated by existing or proposed public services and facilities including, but not limited to, water, sanitary sewer, streets, drainage, police and fire protection, and schools; 5. The proposed use is in harmony with the Comprehensive Plan; 6. The proposed use will not be hazardous, detrimental, or disturbing to present surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, electrical interference, or other nuisances. 1701.03-A Authority for Conditions: A Use Permit may be issued subject to such conditions as are necessary to carry out the purpose of this Ordinance and to prevent or minimize adverse effects upon other property in the neighborhood, including, but not limited to, limitations on size and location, requirements for landscaping, lighting, the provisions of adequate ingress and egress, duration of the permit which may be permanent or may be limited to a specific period of time and hours of operation. Such conditions may include a requirement for a second stage approval process under the provisions of 1703.06-A. 1702-A Public Hearing Required: No action shall be taken concerning Rezoning, Text Amendments, Special Exceptions, Variances, or Use Permits until after a public hearing in relation thereto, at which parties in interest and the general citizenry shall have an opportunity to be heard. Before the City Planning Board or City Council holds such a hearing, there shall be two (2) advertisements of the hearing, which advertisements set forth the time and place of the hearing, describe the nature of the proposed request or text amendment, and if property is involved, the existing zoning and purported changes and modifications therein. Such publication shall be made in a newspaper of general circulation within the City of Jackson, Mississippi, the first publication to be at least fifteen (15) days before such hearing. 1703-A Procedure No Rezoning, Special Exception, Variance, and/or Use Permit shall be passed by the City Council unless and until the following conditions have been met: 1703.01-A Signs Required: In the case of Rezoning, Special Exceptions, Variances, and/or Use Permits, Zoning Notice signs shall be erected at least fifteen (15) days prior to the hearing. The Zoning Notice sign shall indicate the case number. 1703.02-A Application Requirements: A written application for a Rezoning, Special Exception, Variance, and/or Use Permit shall be filed with the Zoning Administrator. Rezoning of a property shall not be granted unless the applicant can prove by clear and convincing evidence either, (1) that there was a mistake in the original zoning, or (2) the character of the surrounding area has changed to such an extent as to justify rezoning and there is a public need for additional property to be zoned in accordance with the request in said application. If an application for rezoning is denied by the City Council or if said application is withdrawn after the Planning Board has recommended denial of the application, then such property may not be the subject of an application for rezoning for a period of one year from the earliest date of such denial or withdrawal. Anything stated to the contrary notwithstanding, under no circumstances shall an application filed hereunder be processed while any litigation is pending concerning the zoning of the subject property. 1703.02.1-A Application for Rezoning: This application shall include a legal description, plot plan, and location map of the property, the exact nature of the proposed change, a detailed listing of documents included in the application setting forth the grounds upon which said application is made, the change in land use conditions affecting the property since any previous City Council action, a listing of the owners of all property within one hundred-sixty (160) feet and all neighborhood organizations registered with the Department of Planning and Development with geographic boundaries within one thousand (1 ,000) feet in all directions therefore the property lines of the lot or parcel of land for which the application is being submitted, excluding width of streets, and any such other information as may be required by the Zoning Administrator to determine the merits of the application. In order to obtain a change in the zoning classification of real property in the City of Jackson, Mississippi, applicant must prove by clear and convincing evidence either (1) that there was a mistake in the original zoning, or (2) substantial change in the land use character of the surrounding area which justifies rezoning the property and a public need for additional property that area zoned in accordance with the request in said application since any previous City Council action. The petitioner shall show proof of notification to all of the listed property owners and organizations by submitting certified mail receipts and a copy of the letter sent to the listed in property owners and organizations. Such letter shall include the date, time, location, and purpose of the stated public hearing. In the alternative applicant may present a petition bearing the signatures of the listed property owners and organizations as proof of notification. 1703.02.2-A Application for Special Exception: This application shall include a legal description of the property, a plot plan of the property, and the non-retail type use to which the property and/or structure is contemplated. The justification statement shall state the grounds upon which the request is based, and shall further demonstrate that the granting of such Special Exception will not adversely affect the surrounding properties nor otherwise be detrimental to the public welfare. The petition shall contain a listing of names of the owners of all the property within one hundred-sixty (160) feet and all neighborhood organizations registered with the department of Planning and development with geographic boundaries within one thousand (1,000) feet in all directions from the lot or parcel of land for which the application is being submitted, excluding width of streets, and any such other information as may be required by the Zoning Administrator to determine the merits of the application. The petition shall show proof of notification to all of the listed property owners by (1) submitting certified mail receipts and a copy of the letter sent to the listed property owners. Such letter shall include the date, time, location, and purpose of stated public hearing; or (2) a petition bearing the signature of the listed property owners; or (3) a combination of Items (1) and (2). 1703.02.3-A Application for Variance: This application shall include a legal description, location map, plot plan, the exact nature of the requested Variance, the grounds upon which it is requested, any City Council action involving rezoning or any variance, or such other information as may be required by the Zoning Administrator to determine the merits of the application. The variance application shall demonstrate the following: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. 2. That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the provisions of this Ordinance. 3. That the special conditions and circumstances do not result from actions of the applicant. 4. That granting the Variance requested will not confer upon the applicant any special privilege that is denied by this Ordinance to other similar lands, structures or buildings in the same district. The petition shall contain a listing of names of the owners of all the property within one hundred-sixty (160) feet and all neighborhood organizations registered with the Department of Planning and Development with geographic boundaries within one thousand (1,000) feet in all directions from the lot or parcel of land for which the application is being submitted, excluding width of streets, and any such other information as may be required by the Zoning Administrator to determine the merits of the application. The petition shall show proof of notification to all of the listed property owners by (1) submitting certified mail receipts and a copy of the letter sent to the listed property owners. Such letter shall include the date, time, location, and purpose of stated public hearing; or (2) a petition bearing the signatures of the listed property owners; or (3) a combination of Items (1) and (2). 1703.02.4-A Application for Use Permit: This application shall include a legal description of the property, a site plan of the property, and the specific use to which the property and/or structure is contemplated. The justification statement shall state the grounds upon which the request is based, and shall further demonstrate that the granting of such Use Permit will not adversely affect the surrounding properties nor otherwise be detrimental to the public welfare. The petition shall contain a listing of names of the owners of all the property within one hundred- sixty (160) feet and all neighborhood organizations registered with the Department of Planning and Development with geographic boundaries within one thousand (1,000) feet in all directions from the lot or parcel of land for which the application is being submitted, excluding width of streets, and any such other information as may be required by the Zoning Administrator to determine the merits of the application. The petition shall show proof of notification to all of the listed property owners by (1) submitting certified mail receipts and a copy of the letter sent to the listed property owners. Such letter shall include the date, time, location, and purpose of stated public hearing; or (2) a petition bearing the signature of the listed property owners; or (3) a combination of Items (1) and (2). Application for a Use Permit shall be accompanied by a site plan drawn at a scale to allow adequate review. Site plans shall include the following: 1. Property boundary lines and dimensions, available utilities, location of easements, roadways, rail lines and public right-of-way crossing adjacent to the subject property; 2. The proposed height, dimensions and arrangements of buildings and uses on the site; 3. The type and location of landscaping proposed for the site; 4. The locations of points of ingress and egress from the site; 5. The location of driveways, parking lots and loading areas on the site; 6. The location of any proposed substantial regrading on the site and any significant topographical or physical feature, including water courses. 1703.03-A Public Hearing Held: After public notice has been published as aforementioned, a public hearing on the Rezoning, Special Exception, Variance or Use Permit shall be held before the City Planning Board at its Zoning Meeting. At said hearing, any individual may appear in person or by agent. 1703.04-A Application Reviewed by Planning Director: At least fifteen (15) days prior to the public hearing to be conducted at the City Planning Board's Zoning Meeting, the Zoning Administrator shall submit the application for Rezoning, Special Exception, Variance, or Use Permit to the Planning Director for determination as to whether or not the requested changes are in conformance with the officially adopted overall Comprehensive Plan for City Development. The Planning Director, within ten (10) days, shall certify in writing to the Zoning Administrator his finding that the proposed Rezoning, Special Exception, Variance, or Use Permit does or does not conform to the Comprehensive Plan for City Development. The Zoning Administrator shall then transmit this certification of the finding to the City Planning Board. If a written statement is not received from the Planning Director within the ten (10) day period, the Zoning Administrator shall so advise the City Planning Board and continue the due processing of the application. 1703.05-A Public Hearing Procedures: Proceedings of the hearing at the City Planning Board's Zoning Meeting shall be taken down in shorthand and/or by mechanical or tape recording, which cannot be altered, and all witnesses before said City Planning Board's Zoning Meeting shall be sworn in by an officer qualified to administer oaths under the laws of the State of Mississippi. The hearing at the zoning meeting may proceed informally without strict compliance with rules of evidence. The Chair of the City Planning Board's Zoning Meeting shall act as moderator. 1703.06-A City Planning Board's Zoning Meeting Determination: Within fifteen (15) calendar days from the conclusion of such hearings, the Zoning Administrator shall prepare and submit in writing the findings from the City Planning Board. The City Planning Board shall, within fifteen (15) days, give its recommendations in writing to the Zoning Administrator, and which shall become a recommendation to the City Council. After the City Planning Board has acted upon a proposed Use Permit application and required site plans, at the zoning meeting, the applicant shall submit a modified site plan to the Zoning Administrator, if necessary, reflecting conditions recommended by the City Planning Board prior to forwarding the request to the City Council. 1703.07-A Notification by Zoning Administrator: The Zoning Administrator shall, within five (5) working days of such decision and recommendations, mail a copy of same to all parties in interest who appeared at said hearing. 1703.08-A City Council Notified: After fifteen (15) days from the date of the City Planning Board decision or recommendation, the Zoning Administrator shall forward to the City Council such recommendation, along with all documents and exhibits pertaining to the case. If no appeal is filed by a party of record or authorized representative, defined herein as a party present and speaking at the City Planning Board public hearing, with the Zoning Administrator within fifteen (15) days from the date of the City Planning Board recommendation, it will not be necessary for stenographic notes to be transcribed or publication to be made, however, if such an appeal is taken, it will be necessary for stenographic notes to be transcribed and for the City Clerk to place two (2) advertisements of the pending consideration by the City Council. Such publication shall be in the usual form and shall be made in a newspaper of general circulation within the City of Jackson, Mississippi, at least fifteen (15) days before such hearing before the Jackson City Council. Within sixty (60) calendar days after the date set in the case advertisement, the City Council shall approve or deny, in whole or in part, the recommendation of the City Planning Board, or where there is need for additional information, may remand the case to the City Planning Board for further consideration, and this shall be done by the City Council on the record of the case. 1704-A Procedure for Text Amendments No text amendment shall be passed by the City Council unless and until the following conditions have been met: 1704.01-A Public Hearing Held: After public notice has been published as aforementioned (1702-A), a public hearing on the proposed text amendment shall be held separately and/or jointly before the City Planning Board and/or the City Council. At said hearing, any individual may appear in person or by agent. 1704.02-A Public Hearing Procedures: Proceedings of the hearing before the City Planning Board and/or City Council shall be taken down in shorthand and/or mechanical or tape recording, which cannot be altered. The City Planning Board and/or the City Council may proceed informally without strict compliance with rules of evidence. The Chairperson of the City Planning Board shall act as moderator unless the hearing is held jointly or separately by the City Council, then the President of the City Council shall act as moderator. Section 1705 –A Procedure for Withdrawals or Postponements Section 1705.01-A – Request to Withdraw Zoning Action Application and for a Full Refund A written request to withdraw and a full refund may be filed with the Zoning Administrator up to the time of the Planning Board Hearing. Once the hearing takes place, the application fee becomes non-refundable. Section 1705.02-A – Request to Postpone Zoning Action Planning Board Public Hearing A postponement may be granted by submitting $50.00 and a notarized letter to the Zoning Administrator five (5) business days prior to the Planning Board Hearing. The applicant must re-notify all property owners within 160 feet of the subject property and neighborhood associations within 1000 feet of the subject property of the postponement and the rescheduled public hearing information and submit a copy of said letter the Zoning Division Office to be placed on file. Section 1705.03–A - Notification of Rescheduled Planning Board Hearing The notice of the rescheduled Planning Board Hearing by certified mail must be mailed at least ten (10) days prior to the original hearing and fifteen (15) days prior to the date of the rescheduled hearing. The original certified mail receipts must be submitted with the notarized request for the postponement. Section 1705.04–A Day of Hearing Postponement Request Postponements requested on the day of the hearing, or less than five (5) days prior to the hearing, will be given five (5) minutes to address the Planning Board and request a postponement. The Planning Board has the option of voting for or against the request for a postponement. It is therefore imperative that the applicant or representative appear before the Board to request the postponement. 1801-A Purpose and Intent The purpose of this Article is to permit the re-zoning of established neighborhoods to more accurately reflect existing land use patterns in the area and to preserve the distinctive physical character of the neighborhood. This Article is also intended to provide a mechanism by which established neighborhoods may amend zoning regulations to improve the area's quality of life, strengthen the tax base, and insure adequate infrastructure, transportation and public facilities. 1802-A Procedure A. A neighborhood rezoning may be initiated by: The owners of at least seventy-five (75) percent of the property described in the application; or A two-thirds (2/3) vote of the City Council; or A two-thirds (2/3) vote of the Planning Board. B. This shall only be applicable when at least fifty (50) contiguous parcels or at least fifteen (15) acres of contiguous land (excluding rights of way) are the subject of the re- zoning application. C. Any proposed rezoning under this shall be studied by the Planning Department to determine: 1. The need for additional land in the City having the same classification as that requested; and 2. A substantial change of the land use character of the surrounding area that justifies the change in zoning. D. Additionally, the Planning Department may report findings concerning the following: 1. The effect of the change on the particular property and on surrounding properties; 2. The impact, if any, on the existing infrastructure, transportation, tax base, and surrounding land uses; 3. The relationship of the proposed amendment to the City's Comprehensive Plan and other relevant local and regional plans, with appropriate consideration as to whether the proposed changes will further the purpose of this and related plans; and 4. Any other relevant considerations regarding re-zoning of the subject parcels. E. The Planning Department shall submit the re-zoning request to the Planning Board for consideration along with a staff report stating the Staff's findings under subs (c) and (d) above. F. The Planning Board shall hold a public hearing on the re-zoning request. Public notice of the hearing shall be given at least fifteen (15) days in advance of the hearing by publication in a newspaper of regular and general circulation in the City, and a notice shall be posted at City Hall. The Planning Board shall forward their recommendations in writing to the City Council for final consideration. The City Council shall hold a public hearing following adequate public notice within sixty (60) days of the Planning Board's recommendations. G. When the City proposes to rezone any property within its jurisdiction, it shall be the duty of the City to give notice by first class mail to each property owner whose zoning classification is proposed to be changed or affected. Such notice shall be mailed to the owner's current address of record, as maintained by the assessor of taxes and shall be postmarked no later than ten (10) days prior to the first scheduled hearing concerning the proposed change. The notice shall contain a description and map of the affected property, showing the existing and the proposed zoning, and the time and place of any scheduled hearing concerning the proposed rezoning. Prior to the effective date of any area-wide rezoning, the City shall cause an affidavit to be filed with the City Clerk certifying that the City has complied with this. The filing of the affidavit shall be prima facie proof of compliance with this. A failure to give notice shall not affect the validity of rezoning, except as to the property of the complaining owner. Notice shall not be invalid or ineffective if sent according to the ownership records of the Tax Assessor, regardless of the accuracy of the tax records. It is the owner's responsibility to insure the accuracy of tax records pertaining to his property. 1801-B Purpose and Intent The purpose of this Article is to permit the rezoning of the entire City or particular areas of the City in accordance with the Comprehensive Plan or an update to the Comprehensive Plan. 1802-B Procedure A. This shall only be applicable when at least twenty-five (25) contiguous parcels or at least ten (10) acres of land (excluding rights-of-way) are the subject of the rezoning application. B. A comprehensive rezoning may be initiated by The Department of Planning and Development after conducting a study that demonstrates that the existing zoning in the subject area is not in accordance with the Comprehensive Plan, or C. That the Comprehensive Plan and zoning should be amended based on an analysis of the following: 1. The need for additional land in the City having the same zoning classification as the one proposed; 2. A substantial change in the land use character of the surrounding area that justifies the change in zoning; and 3. The probability of a mapping error in the Comprehensive Plan or the zoning ordinance. D. The Planning Department shall submit the rezoning request to the Planning Board for consideration along with a staff report stating the Staff's findings under subs (b) and (c) above. E. The Planning Board shall hold a public hearing on the rezoning request. Public notice of the hearing shall be given at least fifteen (15) days in advance of the hearing by publication in a newspaper of regular and general circulation in the City, and a notice shall be posted at City Hall. The Planning Board shall forward their recommendations in writing to the City Council for final consideration. The City Council shall hold a public hearing following adequate public notice within sixty (60) days of the Planning Board's recommendations. F. When the City proposes to rezone any property within its jurisdiction, it shall be the duty of the City to give notice in a newspaper of general circulation in the City. This notice shall be in the form of two (2) advertisements containing a description and map of the affected property, showing the existing and the proposed zoning, and the time and place of any scheduled hearing concerning the proposed rezoning. The first publication of this advertisement shall be at least fifteen (15) days prior to the public hearing. The City shall also give notice via mail to each property owner whose zoning classification is proposed to be changed or affected. Such notice shall be mailed to the owner's current address of record, as maintained by the assessor of taxes and shall be postmarked no later than ten (10) days prior to the first scheduled hearing concerning the proposed change. The notice shall contain a description and map of the affected property, showing the existing and the proposed zoning, and the time and place of any scheduled hearing concerning the proposed rezoning. The City shall also post signs along major thoroughfares in the area considered for the rezoning stating the same notice. Prior to the effective date of any comprehensive rezoning, the City shall cause an affidavit to be filed with the City Clerk certifying that the City has complied with this section. The filing of the affidavit shall be prima facie proof of compliance with this section. A failure to give notice shall not affect the validity of rezoning, except as to the property of the complaining owner. Notice shall not be invalid or ineffective if sent according to the ownership records of the Tax Assessor, regardless of the accuracy of the tax records. It is the owner’s responsibility to insure the accuracy of tax records pertaining to his property. 1801 C Purpose and Intent The purpose of an overlay district is to protect the special, public interest and benefit in an area that is not already adequately protected by mapped traditional zones. An overlay district establishes regulations beyond those in the underlying zone and may cover parts of several zoning districts or only a portion of the underlying district. Generally, the underlying zone determines the permitted land uses, while the overlay district may regulate such things as the design and setbacks. Overlay districts may also set in place any other regulations that meet the district's purpose. 1802-C Procedure A. An overlay district may be initiated by the Planning Board, upon recommendation of the Planning Department. B. Any proposed overlay district under consideration shall be studied by the Planning Department to determine: 1. The purpose and intent of the overlay district under consideration; 2. The existing character of the area; 3. Development goals for the area; 4. Boundaries of the overlay district under consideration; 5. Development standards; 6. Design Standards; 7. Landscaping, if applicable; 8. Signage, if applicable; 9. Parking; and 10. Pedestrian and vehicular circulation. C. The Planning Department shall submit the overlay district request to the Planning Board for consideration along with a staff report containing the findings enumerated in sub (b). D. The Planning Board shall hold a public hearing on the overlay district request. Public notice of the hearing shall be given at least fifteen (15) days in advance of the hearing by publication in a newspaper of regular and general circulation in the City, and a notice shall be posted at City Hall. The Planning Board shall forward its recommendations in writing to the City Council for final consideration. The City Council shall hold a public hearing following adequate public notice within sixty (60) days of the Planning Board recommendations. E. When the City proposes to establish an overlay district on any property within its jurisdiction, or proposes to amend an existing overlay district, it shall be the duty of the City to give notice by first class mail to each property owner affected by said regulation. In addition, the City shall notify by first class mail all property owners within one hundred sixty (160) feet in all directions, excluding widths of streets, there from the property lines of the affected parcels or acreage. Such notice shall be mailed to the owner’s current address of record, as maintained by the assessor of taxes and shall be postmarked no later than ten (10) days prior to the first scheduled hearing concerning the proposed change. The notice shall contain a description and map of the affected property, the proposed overlay district regulations, and the time and place of any scheduled hearing concerning the proposed overlay district. Prior to the effective date of the establishment of the overlay district, the City shall cause an affidavit to be filed with the City Clerk certifying that the City has complied with this. The filing of the affidavit shall be prima facie proof of compliance with this. A failure to give notice shall not affect the validity of the overlay district, except as to the property of the complaining owner. Notice shall not be invalid or ineffective if sent according to the ownership records of the Tax Assessor, regardless of the accuracy of the tax records. It is the owner’s responsibility to insure the accuracy of tax records pertaining to his property. 1801-D Purpose and Intent The purpose of this Article is to permit the rezoning of locally designated historic districts to more accurately reflect existing land use patterns in the area and to preserve the distinctive physical character and heritage of the historic district. An historic zoning district establishes new zoning districts and regulations which are unique to the specific historic district based on its individual needs. This Article is also intended to provide a mechanism by which established historic districts may amend zoning regulations to preserve a sense of place, strengthen the tax base, and insure adequate infrastructure, transportation, and public facilities. 1802-D Procedure A. This shall only be applicable when the area to be rezoned is located within a locally designated historic district as recognized by the Historic Preservation Commission and adopted by the City Council. B. An historic zoning district may be initiated by the Planning Board, upon recommendation of the Planning Department and the Historic Preservation Commission. C. Any proposed historic zoning district under consideration shall be studied by the Planning Department to determine: 1. The purpose and intent of the historic zoning district under consideration; 2. The existing character of the district; 3. Development goals for the district; 4. Boundaries of the area under consideration; 5. Land uses permitted; 6. Design guidelines based upon the Historic Preservation Commission’s Design Standards and Criteria or individual guidelines adopted for a specific historic district. D. Any proposed rezoning under this shall be studied by the Planning Department to determine: 1. The need for additional land in the City having the same classification as that requested; and 2. A substantial change in the land use character of the surrounding area that justifies the change in zoning. E. The Planning Department shall submit the historic zoning district request to the Planning Board for consideration along with a staff report containing the findings enumerated in subs (c) and (d) F. Additionally, the Planning Department may report findings concerning the following: 1. The effect of the change on the particular district and on surrounding properties; 2. The impact, if any, on the existing infrastructure, transportation, tax base, and surrounding land uses; 3. The relationship of the proposed amendment to the City’s Comprehensive Plan and other relevant local and regional plans, with appropriate consideration as to whether the proposed changes will further the purpose of this and related plans; and 4. Any other relevant considerations regarding rezoning of the historic district. G. The Planning Board shall hold a public hearing on the historic zoning district request. Public notice of the hearing shall be given at least fifteen (15) days in advance of the hearing by publication in a newspaper of regular and general circulation in the City, and a notice shall be posted at City Hall. The Planning Board shall forward its recommendations in writing to the City Council for final consideration. The City Council shall hold a public hearing following adequate public notice within sixty (60) days of the Planning Board recommendations. H. When the City proposes to establish an historic zoning district on any property within its jurisdiction, or proposes to amend an existing historic zoning district, it shall be the duty of the City to give notice by first class mail to each property owner affected by said regulation. Such notice shall be mailed to the owner's current address of record, as maintained by the assessor of taxes and shall be postmarked no later than ten (10) days prior to the first scheduled hearing concerning the proposed change. The notice shall contain a description and map of the affected property, the proposed historic zoning district regulations, the time and place of any scheduled hearing. Prior to the effective date of the establishment of an historic zoning district, the City shall cause an affidavit to be filed with the City Clerk certifying that the City has complied with this. The filing of the affidavit shall be prima facie proof of compliance with this. A failure to give notice shall not affect the validity of the historic zoning district regulations, except as to the property of the complaining owner. Notice shall not be invalid or ineffective if sent according to the ownership records of the Tax Assessor, regardless of the accuracy of the tax records. It is the owner's responsibility to ensure the accuracy of tax records pertaining to his property. 1901-A General Provisions The regulations, provisions, restrictions, and district boundaries set forth by this Ordinance may from time to time be amended, supplemented, changed or repealed. Also, from time to time the public health, safety, or general welfare of the community may require that Special Exceptions, Variances, and Use Permits be granted in specific cases. Appeals from written decisions of the Zoning Administrator in the administration and enforcement of the provisions of this Ordinance shall be submitted to the City Planning Board for review and recommendation. Except for Article XVIII Area-Wide Rezoning (Map Amendments), Establishment of Overlay Zone Districts, and Historic Zoning Districts, appeals from recommendations of the City Planning Board relating to any of its functions shall be submitted to the City Council for final determination. 1902-A - Appeal of Zoning Administrator Decisions and City Planning Board Recommendations - No appeal of a decision of the Zoning Administrator or of a recommendation of the City Planning Board shall be ruled upon by the City Council until the following conditions have been met: 1902.01-A Written Notice of Appeal Required: A written Notice of Appeal from a decision of the Zoning Administrator or recommendation of the City Planning Board shall be filed with the Zoning Administrator. The written Notice of Appeal shall state the order, determination, interpretation, requirement, recommendation or decision from which an appeal is desired. 1902.02-A Appeal to Stay Proceedings: An appeal from a decision of the Zoning Administrator stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator, from whom the appeal is taken, certifies to the City Planning Board, after the Notice of Appeal is filed with him, that by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed by the City Council, or by a court of record on application, on notice to the Zoning Administrator from whom the appeal is taken and on the due case shown. 1902.03-A Appeal of City Planning Board Recommendation: Any party of record, as defined herein, who is aggrieved by a recommendation of the City Planning Board, shall be entitled to any appeal from such recommendation to the City Council, provided the procedures herein stated are followed:  A written notice of appeal shall be given to the Zoning Administrator within fifteen (15) days from the date of such recommendations by the City Planning Board, and that the party appealing shall also mail a copy of such notice to all parties entering an appearance in such cause, such appearance being mandatory for the receipt of said notice.  When such Notice of Appeal is filed, the Zoning Administrator shall immediately notify the Recording Secretary of the City Planning Board's Zoning Meeting, and the Recording Secretary shall have a period of sixty (60) days from the date of delivery of the Notice of Appeal to the Zoning Administrator in which to transcribe and file the notes with the Zoning Administrator. If the City Planning Board, at its discretion, finds the aforesaid sixty (60) day period is insufficient, it may, upon request of the Recording Secretary, grant an additional period of time up to sixty (60) days in which to prepare the record.  Upon receipt of the transcribed notes, the Zoning Administrator shall immediately forward to the City Council recommendations of the City Planning Board, the transcribed notes, and all documents and exhibits in the case; and shall have published two (2) advertisements of such hearing setting forth the time and place of the hearing, description of the property involved, the existing zoning and purported changes and modifications therein. Such publication shall be made in a newspaper of general circulation within the City of Jackson, Mississippi, the first publication to be at least fifteen (15) days before such hearing. 1902.04- Action of the City Council: Unless there is an appeal by a party of record, as defined herein, the Council may immediately act to approve or deny the zoning application. In cases involving an appeal by a party of record, as defined herein, within sixty (60) days after the date set in the case advertisement and receipt of the transcript and documented case record, including the recommendation of the City Planning Board, the City Council shall either approve or deny, in whole or in part, the decision and recommendations of the City Planning Board on the record of the case or where there is need for additional information, may remand the case to the City Planning Board for further consideration, all in accordance with the provisions of the Mississippi Code Annotated, 17-1-17 (1972). 1902.05-A Three-Fifths Council Vote Needed: In case of a protest against a Rezoning, Special Exception, Variance, or Use Permit signed by twenty percent (20%) or more of the owners of lots within a distance of one hundred-sixty (160) feet from the property involved, widths of all streets excluded, such Rezoning, Special Exception, Variance or Use Permit shall not become effective except by the favorable vote of three-fifths (3/5) of all members of the City Council who are not required by law or ethical considerations to recuse themselves and pursuant to the current MS Code 17-1-17. 1902.06-A Appeal to Court of Law: An appeal from the decision of the City Council may be made as provided by law for appeals from any order of the governing authorities of a municipality. 2001-A Declaration In their interpretation and application, the provisions of this Ordinance are hereby declared to be the minimum requirements, adopted for the promotion of the public health, safety, morals, and general welfare for the City of Jackson, Mississippi. Wherever the requirements of any other lawfully adopted rules, regulations, ordinances, and deed restrictions, or covenants filed of record are not in conflict with the intent and purposes of this Ordinance, but impose more restrictive or higher standards, the more restrictive or higher standards shall govern. ARTICLE XX1-A COMPLAINTS REGARDING VIOLATIONS 2101-A Filing of Complaints Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint with the Zoning Administrator or his/her designee. Such complaint shall state fully the causes and basis thereof. The Zoning Administrator or Supervisor or his/her designee shall officially record such complaint, immediately initiate investigations, and take such actions thereon as are required by the provisions of this Ordinance. ARTICLE XX1I-A PENALTIES FOR VIOLATION 2201-A Violation a Misdemeanor Violation by any person of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of any conditions and safeguards established in connection with grants of Variances, Special Exceptions, or Use Permits) after having been duly notified by the Zoning Administrator following his determination of the type, nature and extent of violation and/or as otherwise provided for in Article XVI of this Ordinance shall, upon conviction thereof, constitute a misdemeanor. 2202-A Penalty for Violation Any person who violates the provisions of this Ordinance or fails to comply within fifteen (15) days with any of its requirements after having been duly notified by the Zoning Administrator shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person, who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense, and suffer the penalties herein provided. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. SEPARABILITY AND CLARITY CLAUSES 2301-A Provisions Separable - Should any or provision of this Ordinance be declared by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. 2302-A Clarity Provision - Before entering this Ordinance on the Minutes, the Clerk is authorized to make any correction therein regarding spelling, punctuation and grammar in order to more clearly state the purpose thereof. 2401-A Purpose of Article - To serve better the public interest and to achieve a more desirable living environment obtained in part through development of compatible associations of land use, it shall be a policy of the City Planning Board to coordinate its actions with those of other political entities where a common boundary is shared in matters relating to zoning and the use of land. Also, it shall be the policy of the City Planning Board to review and comment on similar matters that may be submitted to them by adjacent governing bodies so that the best interests of all may be served; provided however, that such coordination, review and comment shall be considered as advisory in nature to political jurisdictions involved and not legally binding upon their deliberations and official actions. 2501-A Effective Date - This Ordinance shall become effective thirty (30) days after its passage and after its publication. AMENDMENTS ATTEST APPROVED June 30, 1977 Evelyn, Ballard, City Clerk Russell C. Davis, Mayor Thomas B. Kelly, Commissioner Douglas W. Shanks, Commissioner July 1, 1977 – October 1979 Evelyn, Ballard, City Clerk Dale Danks, Jr., Mayor Nielsen Cochran, Commissioner Fred Johnson, Commissioner October 31, 1979 – May 1984 Dot Coon, City Clerk Dale Danks, Jr., Mayor George R. Porter, Commissioner Luther L. Roan, Jr., Commissioner June 1984 – June 1989 Dot Coon, City Clerk Dale Danks, Jr. Mayor Council Members: Louis E. Armstrong Margaret C. Barrett Derwood Boyles E C Foster Luther L. Roan, Jr. Doris Smith Marcia Weaver July 1989 – June 1993 Gayrytha F. Huff, City Clerk Kane Ditto, Mayor Council Members: Louis E. Armstrong Margaret C. Barrett Derwood Boyles E C Foster Kenneth I Stokes Marcia Weaver July 1993 – June 1994 Gayrytha F. Huff, City Clerk Kane Ditto, Mayor Council Members: Dent Anglin Louis E. Armstrong Margaret Barrett Credell Calhoun E C Foster Kenneth I Stokes Marcia Weaver AMENDMENTS ATTEST APPROVED July 1993 – June 1994 Gayrytha F. Huff, City Clerk Kane Ditto, Mayor Council Members: Dent Anglin Louis E. Armstrong Margaret Barrett Credell Calhoun E C Foster Kenneth I Stokes Marcia Weaver June 1994 – January 1995 Allyne Evans, City Clerk Kane Ditto, Mayor Council Members: Dent Anglin Louis E. Armstrong Margaret Barrett Credell Calhoun E C Foster Kenneth I Stokes Marcia Weaver January 1995 – August 1995 Pamela Taylor, City Clerk Kane Ditto, Mayor Council Members: Dent Anglin Louis E. Armstrong Margaret Barrett Credell Calhoun E C Foster Kenneth I Stokes Marcia Weaver August 1995 – August 2002 Eddie Jean Carr, City Clerk Harvey Johnson, Jr., Mayor Council Members: Ben Allen Margaret Carroll Barrett –Simon William R. Brown Marshand K. Crisler Bettye Dagner - Cook Leslie Burl McLemore Kenneth I. Stokes August 2002 – June 2005 Mary F. Robinson Acting City Clerk Chief Deputy City Clerk Harvey Johnson, Jr., Mayor Council Members: Ben Allen Margaret Carroll Barrett –Simon William R. Brown Marshand K. Crisler Bettye Dagner - Cook Leslie Burl McLemore July 2005 – June 2009 Cedric Morgan, City Clerk Frank E. Melton, Mayor Council Members: Ben Allen Margaret Carroll Barrett –Simon Frank Bluntson AMENDMENTS ATTEST APPROVED July 2005 – June 2009 Cedric Morgan, City Clerk Marshand K. Crisler Leslie Burl McLemore Charles Tillman July 2005 – June 2009 Cedric Morgan, City Clerk Frank E. Melton, Mayor Council Members: Ben Allen Margaret Carroll Barrett –Simon Frank Bluntson Marshand K. Crisler Leslie Burl McLemore Charles Tillman July 2009-December 2011 Brenda Pree, City Clerk Harvey Johnson, Jr., Mayor Council Members: Margaret Carroll Barrett –Simon Frank Bluntson Choke Lumumba Charles Tillman Quentin Whitwell Tony Yarber January 2012 – July 2013 Brenda Pree, City Clerk Harvey Johnson, Jr., Mayor Council Members: Margaret Carroll Barrett –Simon Frank Bluntson Choke Lumumba Charles Tillman Quentin Whitwell Tony Yarber August 2013- December 2013 Brenda Pree, City Clerk Choke Lumumba, Mayor Council Members: Melvin Priester Margaret Carroll Barrett –Simon De’Keither Stamps LaRita Cooper Stokes Charles Tillman Quentin Whitwell Tony Yarber January 2014 – July 2014 Brenda Pree, City Clerk Charles Tillman, Interim Mayor Council Members: Melvin Priester Margaret Carroll Barrett –Simon De’Keither Stamps LaRita Cooper Stokes Quentin Whitwell Tony Yarber AMENDMENTS ATTEST APPROVED August 2014- May 2015 Kristi Moore, City Clerk Tony Yarber, Mayor Council Members: Ashby Foote Tyrone Hendrix Melvin Priester Margaret Carroll Barrett –Simon De’Keither Stamps Kenneth Stokes Charles Tillman June 2015 – December 2015 Kristi Moore, City Clerk Tony Yarber, Mayor Council Members: Ashby Foote Tyrone Hendrix Melvin Priester Margaret Carroll Barrett –Simon De’Keither Stamps Kenneth Stokes Charles Tillman January 2016 – July 2016 Kristi Moore, City Clerk Tony Yarber, Mayor Council Members: Ashby Foote Tyrone Hendrix Melvin Priester Margaret Carroll Barrett –Simon De’Keither Stamps Kenneth Stokes Charles Tillman August 2016 – December 2016 Kristi Moore, City Clerk Tony Yarber, Mayor Council Members: Ashby Foote Tyrone Hendrix Melvin Priester Margaret Carroll Barrett –Simon De’Keither Stamps Kenneth Stokes Charles Tillman January 2017 – December 2017 Kristi Moore, City Clerk Choke Antar Lumumba, Mayor Council Members: Aaron Banks Ashby Foote Virgie Lindsay Melvin Priester De’Keither Stamps Kenneth Stokes Charles Tillman AMENDMENTS ATTEST APPROVED January 2018 – June 2018 Kristi Moore, City Clerk Choke Antar Lumumba, Mayor Council Members: Aaron Banks Ashby Foote Virgie Lindsay Melvin Priester De’Keither Stamps Kenneth Stokes Charles Tillman July 2018 – December 2018 Kristi Moore, City Clerk Choke Antar Lumumba, Mayor Council Members: Aaron Banks Ashby Foote Virgie Lindsay Melvin Priester De’Keither Stamps Kenneth Stokes Charles Tillman January 2019 – August 2019 Kristi Moore, City Clerk Choke Antar Lumumba, Mayor Council Members: Aaron Banks Ashby Foote Virgie Lindsay Melvin Priester De’Keither Stamps Kenneth Stokes Charles Tillman September 2020 – December 2020 Angela Harris Municipal Clerk Choke Antar Lumumba, Mayor Council Members: Aaron Banks Ashby Foote Virgie Lindsay *Melvin Priester De’Keither Stamps Kenneth Stokes Charles Tillman *Ward Council Seat was vacant in Dec 2020 January 2021 – June 2021 Angela Harris Municipal Clerk Choke Antar Lumumba, Mayor Council Members: Aaron Banks Ashby Foote Virgie Lindsay Angelique Lee De’Keither Stamps Kenneth Stokes Charles Tillman AMENDMENTS ATTEST APPROVED June 2022-November 2022 Angela Harris Municipal Clerk Choke Antar Lumumba, Mayor Council Members: Aaron Banks Ashby Foote Virgie Lindsay Angelique Lee Brian Grizzell Kenneth Stokes Vernon Hartley December 2022 - April 2024 Angela Harris Municipal Clerk Choke Antar Lumumba, Mayor Council Members: Aaron Banks Ashby Foote Virgie Lindsay Angelique Lee Brian Grizzell Kenneth Stokes Vernon Hartley May 2024 – December 2024 Angela Harris Municipal Clerk Choke Antar Lumumba, Mayor Council Members: Aaron Banks Tina Clay (Term Began 11/1/24) Ashby Foote Virgie Lindsay Angelique Lee (Resigned 8/14/24) Brian Grizzell Kenneth Stokes Vernon Hartley