706.04-B

The purpose of this subdistrict is to provide areas for the development of higher density multifamily apartment and condominium uses with adequate, usable open space to prevent overcrowding. The C80-R4 subdistrict are appropriate for the development of multifamily housing in a campus-like setting on land near office and light commercial uses or large tracts of land near existing lower- density housing. It is the intent of this Ordinance that this subdistrict be carefully located within the C80 District only in areas where the infrastructure of the City (i.e., the street/highway system, storm drainage and water and sanitary sewer systems) is adequate to serve such higher density housing and where the multifamily housing will not intrude on lower-density residential areas. 706.04.01-B Uses Permitted: Multiple family dwellings including apartments and condominiums as defined in Article II. 706.04.2 -B Uses Which May Be Permitted as Special Exception: Special Exceptions, such as the following non-retail uses, provided they are established in accordance with the provisions of this Ordinance: Professional non-retail offices, including but not limited to, architects, attorneys, engineers, doctors, real estate, and insurance. 706.04.3 -B Uses Which May Be Permitted as Use Permits: The following uses are permitted provided they are established in accordance with the procedures and provisions of this Ordinance: 1. Accessory automobile parking and principal access when used to serve a Special Use District, residential, commercial, or industrial use when the land proposed for such accessory parking or access is either immediately adjacent to or across the street from the use which it serves. Accessory parking may also be across the street from the use which it serves. All parking shall be located at least five (5) feet from any public street or any adjoining property line. Only access across this setback area with sidewalks, bikeways, trails, and drives will be permitted. 2. Churches on sites of less than one (1) acre but greater than ten thousand (10,000) square feet. Regulations for alterations of existing structures or for new construction of churches and schools shall be the same as for the Special Use District. 3. Bed and Breakfast Inn Class A and B: A. Applicant shall submit to the Zoning Division proof of one of the following: i. Structure is listed on the National Register of Historic Places; or ii. Structure is designated as a Jackson Landmark by the Jackson Historic Preservation Commission, and/or a Mississippi Landmark by the Department of Archives and History; or iii. Structure is deemed eligible for designation as a Jackson Landmark by the Jackson Historic Preservation Commission or as a Mississippi Landmark by the Mississippi Department of Archives and History and is granted designation within one year from the date of eligibility determination. B. Adequate parking shall be provided. Off-site parking must be within a reasonable walking distance of the bed and breakfast, and proof of such parking (lease agreement, etc.) must be provided annually to the Zoning Division and whenever the contractual rights of the bed and breakfast inn owner in such off-site parking facilities are modified in any way. C. All exterior lighting shall be directed away from adjacent residential property. D. Signage shall comply with the City of Jackson Sign Ordinance. 4. Class B Bed and Breakfast Inn with Restaurant. It is expressly understood that a separate Use Permit is required to operate a restaurant in a Class B Bed and Breakfast Inn. Any existing Class B Bed and Breakfast Inns who determine that they wish to operate a restaurant in conjunction with their Class B Bed and Breakfast Inn is permitted to do so by right subject to receipt of a statement indicating this election to include a requirement that a Bed and Breakfast Inn with Restaurant clear Site Plan Review from City Staff. 5. Transitional housing for seven (7) and twelve (12) residents. In considering applications hereunder, the City shall comply with the provisions of 42 U.S.C. 3604(f) (3) (B). 6. Personal care facilities housing between seven (7) and twelve (12) residents, excluding staff. In considering applications hereunder, the City shall comply with the provisions of 42 U.S.C. 3604(f) (3) (B). 7. Accessory church related uses such as adult and child care centers, schools, gymnasiums, and fellowship halls. 8. Ground Sign (Monument Sign), as defined by the City of Jackson Sign Ordinance, for an adjacent commercial business where both properties are under the same ownership. Regulations shall be the same as the adjacent commercial business, based on its underlying zoning, as regulated by the City of Jackson Sign Ordinance. 9. Adult and Child Care Centers/Commercial Regulations for alterations of existing structures or for new construction of child care centers shall be as follows: A. All principal structures shall be located at least twenty-five (25) feet from any public street or any adjoining property line. B. Maximum height - forty-five (45) feet. C. Maximum lot coverage - forty-five percent (45%) including accessory structures. 10. Boarding house, residential care facility, hospice, emergency shelter/mission, SRO, and rooming house, but no boarding house, residential care facility, hospice, shelter, SRO, or rooming house shall be located within one thousand (1,000) feet of any other such use and not exceed twelve (12) persons. 11. Assisted Living Facilities on sites not less than three (3) acres. 706.04.4 -B Dimensional Regulations: 1. Maximum Height – The height limitations for this district shall be determined in accordance with the latest edition of the International Building Code adopted by the City. 2. Minimum Lot Area – Two (2) acres. 3. Minimum Floor Area A. One bedroom units: 500 square feet. B. Two bedroom units: 700 square feet. C. Three or more bedroom units: 900 square feet. 4. Maximum Density – Twelve (12) dwelling units per gross acre. 5. Minimum Lot Width – 100 feet at the building setback line. 6. Minimum Front Yard Depth – 40 feet from the right-of-way line. This yard shall be a landscaped open area with no encroachments permitted including parking lots, patios or swimming pools, or other paved areas except for entrance/exit driveways. 7. Minimum Side and Rear Yard – 25 feet from each side lot line or rear lot line to any building, except where a side or rear lot line abuts an existing single-family detached residence or single-family residential district, in which case the side or rear yard shall be 50 feet. 8. Accessory Structures – Accessory structures of a type compatible with the surroundings shall be permitted, and when detached from the main building shall be set back a minimum of fifty (50) feet from the front lot line, fifteen (15) feet from the side lot line, and fifteen (15) feet from the rear lot line. On corner lots, the accessory structure must be erected on the opposite corner of the lot from the street line. No accessory structure may be used as living quarters. 9. Multiple Building on Lots – When more than one principal building is located on a parcel, an open space or court between buildings shall be provided as follows: Building Orientation Distance Face to face (A) 25' Face to end (B) 20' Corner to corner 15' End to end 15' (A) Face - Exterior plane of a building having the greatest length. (B) End - A secondary exterior plane of a building, not a face. 10. Off-Street Parking – The required front, side and rear yards shall not be used for off-street parking; however, side, front and rear yards not included in the required landscape buffer may be used for portions of internal streets. 11. Access to Arterial or Collector Streets – All multifamily dwellings must have direct access to a collector or arterial street as defined by the City of Jackson Traffic Engineering Department. 706.04.5-B Required Open Space Reservation/Dedication for Multi-Family Developments: A minimum of 30% of the gross site area to be developed for a condominium or apartment complex shall be devoted to open space. In calculating this open space requirement, the front, side and rear yards may be included. Parking lots and driveways, however, MAY NOT be included in calculating this required open space. Such open space shall consist of land reserved exclusively for the recreational use of the residents of the apartment or condominium complex. The required site plan shall indicate the location and area (in acres) to be so reserved for open space or recreational facilities. 1. Maximum Amount of Common Open Space Covered by Water – No more than fifty percent (50%) of the required amount of open space may be covered by lakes or ponds. 2. Steep Slopes – In reviewing the site plan for a proposed apartment or condominium development, the Site Plan Review Committee shall determine if any land containing slopes of twelve percent (12%) or greater may be included in the required common open space. This determination shall be based upon the developer's specific proposed use of the steep slope land. Site Plan Review Committee shall make a recommendation to the City Council as to whether or not any steep slope land should be approved for use in meeting the requirements of this Ordinance. 3. Physical Improvements – Common open space shall be suitably improved for the intended use, but open space containing natural features worthy of preservation may be left unimproved if such unimproved areas are approved by the City Council as part of the Site Plan Review process. Open space improvements may include pedestrian or bicycle trails, tennis courts, recreational buildings and swimming pools or similar facilities. 4. Performance Bonds – Prior to the rental/ lease of any apartment or the sale of any condominium, the developer may be permitted, at the discretion of the City Council, to post with the City a performance bond of sufficient surety to insure the completion of all proposed open space improvements (where applicable). Such performance bonds must be issued by a company that is licensed and permitted to do business in the State of Mississippi. The Director of Public Works and the City Engineer in conjunction with the developer shall determine the amount of the performance bond after reviewing the construction plans for all improvements. 706.04.6-B Existing Uses and Structures: On September 1, 2011 any structures being used as apartments or multifamily residential which is within a zoning district which permits apartments or multifamily residential within the C80 District shall be a legally conforming use for all purposes of this Ordinance. Dimensional regulations, parking regulations, open space regulations, and density regulations existing at the time of initial construction of said structures shall be followed should reconstruction be warranted.