702.05

The purpose of this district is to provide for the preservation and perpetuation of retail and commercial enterprise, to provide areas for the development of retail type and personal service type commercial, community, and regional shopping centers of integrated design and high density development of commercial businesses in certain areas adjacent to major transportation arteries or thoroughfares within the City. 702.05.01 Uses Permitted: 1. All uses permitted in the C-2 Limited Commercial District 2. Apartments, new constructions and when located in renovated, non-residential structures, which exceed 5,000 square feet, in accordance with 701 (9.) of the Zoning Ordinance. 3. Automotive service and repair establishments 4. Automotive and Truck Rental Business 5. Automobile Sales 6. Bowling centers 7. Car Wash 8. Health Club/Fitness Center 9. Hotels, Inns and Motels 10. Ice and roller skating rinks 11. Mini-warehouses 12. Brewpubs 13. Nightclubs and Bars 14. Nurseries/Yard and Garden Centers 15. Parking Garages 16. Produce Stand 17. Restaurants, drive-in and fast food 18. Restaurants, General 19. Retail Stand 20. Second Hand Stores 21. Service Stations 22. Transient Vendors, when located completely indoors, as in shopping centers, hotels, or motels. Outdoor display of merchandise is prohibited. 23. Veterinarian Clinics and Kennels 24. Wholesale Outlet Stores 25. Vendor Park 26. Warehouse and Distribution Center, when located in existing structures. Loading docks on the front facade of the structure are prohibited. 27. Tattoo parlors when located a minimum of five hundred (500) feet from a kindergarten –12th grade school, or church and one thousand (1000) feet from another tattoo parlor 702.05.1(a) Uses Which May Be Permitted as Use Permits: The following Use Permits are permitted provided they are established in accordance with the procedures and provisions of this Ordinance: 1. Any and all Use Permits provided in the C-2 (Limited) Commercial District. 2. Amusement Arcades 3. Amusement parks 4. Amusement Rides 5. Automobile and truck wrecker and recovery businesses, when all vehicles are stored in a completely enclosed building. 6. Bail Bonding Business 7. Billboards 8. Bingo Parlors 9. Body Piercing Business 10. Boarding Houses 11. Check Cashing Business 12. Commercial Communication Towers 13. Community Recreational Center 14. Emergency Shelter/Mission 15. Extended Stay Hotels 16. Golf Driving Ranges and Pitch-n-putt 17. Gun Shops 18. Liquor Store where part of a neighborhood shopping center and not in combination with a convenience type grocery store or service station. 19. Mobile/Manufactured Home Sales 20. Pawn Shops 21. Recreational Vehicle Park 22. Recycling Center 23. Recycling Collection Points 24. Single-room occupancy hotels (SRO) 25. Title Pledge Office - Any such uses lawfully operating prior to March 11, 1998, shall be treated as non-conforming uses under this Ordinance, and shall be subject to the requirements of Article XIII-A of this Ordinance, entitled “Non-conforming Use of Lands and/or Structures.” 26. Tobacco Paraphernalia Retail Business 27. Automobile Sales – Used  The minimum lot size is twenty-two thousand (22,000) square feet  All service doors, buildings, structures, inoperable vehicles, outdoor storage and automobile repair uses shall be screened by a solid wall or opaque fence with a minimum height of six feet and no more than ten feet, in addition to any required landscape buffer yard.  Inoperable vehicles, outdoor storage and automobile repair activities shall be located to the rear or side yard and shall not be visible from any public right-of-way. 28. Solar Energy Production Facility 702.05.01(b) Existing Uses and Structures: On June 1, 2002, any land or structures being used as apartments within a C-3 District will be a legally conforming use for all purposes of this Ordinance. Further, this provision applies to all plans, construction or designated use any of any building or land which, before June 1, 2002 either (1) the Zoning Administrator has issued a zoning verification letter stating that apartments are permitted use; (2) the Owner or other entity with a legal interest in the property has applied to construct or improve apartments in a C-3 District; or (3) the owner or an entity with a legal interest in the property has lawfully begun construction of apartments. 702.05.02 Regulations: 1. Minimum lot area - none. 2. Minimum lot width - none. 3. Minimum front yard depth - fifteen (15) feet from street right-of-way line. 4. Minimum side yard width - none, except where it adjoins residentially or mixed use zoned property, the side yard requirement shall be increased to twenty-five (25) feet; and provided further, that the side yard shall be increased by one (1) foot for each five (5) feet of building height over forty-five (45) feet. On corner lots, the minimum side yard depth on the street side shall be fifteen (15) feet. 5. Minimum rear yard depth - none, except where it adjoins residentially or mixed use zoned property, the rear yard requirement shall be increased to twenty-five (25) feet; and provided further, that the rear yard shall be increased by one (1) foot for each five (5) feet of building height over forty-five (45) feet. 6. Maximum height - one hundred-fifty (150) feet. 7. Maximum lot coverage - not regulated. 8. Exterior storage - Exterior storage by a retail establishment is permitted only for items which by their nature are typically used outdoors in an unprotected environment. To protect the integrity of adjacent properties, the Zoning Administrator may require that exterior storage areas be completely screened from the street and from adjacent properties by a six (6) foot high wood or masonry fence or by natural plants or trees of equal minimum height so planted as to provide maximum opacity. 9. No bingo parlor, pawnshop, title pledge office, or secondhand store shall be located within two hundred fifty (250) feet of any other such use, or located within five hundred (500) feet of any residentially or mixed use zoned property, church, school, park, playground or public library. 10. No pawnshop or secondhand store or tobacco paraphernalia retail business shall be constructed or altered to permit business to be transacted via a drive-through or a walk- up window. 11. The leading edge of canopies shall be a minimum of ten (10) feet from any street right- of-way line. 12. Petroleum dispensing facilities shall be a minimum of twenty (20) feet from any street right-of-way line. 13. Multi-family uses shall be governed by the minimum requirements for the multifamily units as found in R-4 Multifamily Districts as stated in 501(9). 14. Use Permits for liquor stores are issued to the owner of the liquor store rather than to the owner of the land; do not run with the land but will allow the store to remain at a specific location until such time as the ownership of the liquor store changes. Subsequent owners of a liquor store at this location must apply for and receive a new Use Permit. 15. All outdoor food preparation shall be conducted at the side or rear of the building. All outdoor cooking apparatuses must be located at the side or rear of the building and in completely enclosed structures when not in use. 16. No person shall control, operate, conduct or manage any tattoo parlor or body piercing business, without first obtaining approval from the MS State Department of Health in accordance with the regulations governing the registration of individuals performing body piercings and tattooing. Evidence of such approval shall be provided to and kept on file by the City of Jackson Zoning Division. 17. Use Permits for a tobacco paraphernalia retail business shall be issued to the owner of the store. The Use Permit will not run with the land and the subsequent owners of a tobacco paraphernalia retail business at this location must apply for and receive a new Use Permit. The Use Permit shall be renewed annually. A tobacco paraphernalia business cannot be located within five hundred (500) feet of a kindergarten -12th grade school, church or located within one thousand (1000) feet of another tobacco paraphernalia business 18. Use Permits for automobile sales – used are issued to the owner of the used car business rather than to the owner of the land. The Use Permit will not run with the land and the subsequent owners of an automobile sales – used business at this location must apply for and receive a new Use Permit. The Use Permit shall be renewed annually with supporting documentation from the MS State Tax Commission. The Use Permit will be cancelled upon the cancellation of any of the requirements from the MS State Tax Commission. 19. Use Permits for a vendor park shall be issued to the owner of the vendor park and renewed annually. The Use Permit will not run with the land and the subsequent owners of a vendor park at the location must apply for and receive a new Use Permit. 20. Use Permits for a recreational vehicle park shall be issued to the owner of the vendor park and renewed annually. The Use Permit will not run with the land and the subsequent owners of a vendor park at the location must apply for and receive a new Use Permit. 21. Every RV in the RV park must maintain the ability to be pulled or moved at all times. 22. Recreational vehicle parks shall have: a. Minimum Spacing. A recreational vehicle (RV) park shall provide spaces to accommodate various types of RVs. The minimum buffer area to be provided around each RV space shall be ten (10) feet from side to side, eight (8) feet from side to rear, and six (6) feet from rear to rear or front to rear. A minimum of five (5) feet shall be provided between RV patios and any adjacent RV space. A minimum of six (6) feet shall be provided between the appurtenant structures attached to an RV and any adjacent RV space. No restroom shall be closer than twenty-five (25) feet to, nor further than four hundred (400) feet from, an RV space. Other permanent buildings shall be set back at least ten (10) feet from any RV space. b. Landscaping/Visual Screening. All RV developments shall provide a minimum twenty-one (21) foot wide planter area, measured from the face of curb, along each street frontage (public sidewalks may be permitted in this planter area) to minimize views of the development from the public right-of-way. All areas not specifically used for driveways, walkways, patios, or similar purposes shall be landscaped in accordance with the City of Jackson Landscaping Ordinance. Landscaping materials shall meet with city standards and shall be planted to provide maximum visual relief and shade. The landscaped areas shall be protected from wheeled traffic by berms, curbing, fencing, posts, or other means where feasible. c. Recreation Facilities. Recreational facilities include indoor rooms with table games as well as pools, clubhouses, common barbecue/picnic areas, and ball fields and playgrounds with swings, slides, sandboxes, and similar recreational equipment. A variety of recreational facilities shall be provided at a minimum of one hundred (100) square feet per RV space. Perimeter landscaping and landscaping between RV spaces shall not be counted as a recreational amenity. d. Sound Attenuation Devices. Sound attenuation devices shall be of sufficient height and density to reduce exterior noise levels on the RV park to commercial standards. Sound attenuation devices shall also be required if noise from the RV park may intrude onto an adjacent property. All such sound attenuation devices shall be landscaped and constructed with aesthetically attractive materials. Landscaping berms at least two (2) feet in height shall be provided where sound attenuation devices are visible from the public right-of-way. 23. Solar Energy Production Facilities shall have/be: a. a minimum lot size of fifteen (15) vacant acres and a maximum lot size of twenty- five (25) vacant acres; b. a minimum perimeter area of 1% or as determined by the Site Plan Review or other relevant agencies; c. a maximum height of fifteen (15) feet for the solar array and related buildings; d. a security fence with a minimum height of six feet to discourage unauthorized entry. The fence location and maximum height shall comply with the requirements of