Plan approval; conditional occupancy.
Jackson Code of Ordinances § 26-453
in effectSec. 26-453. - Plan approval; conditional occupancy.
(a) The clearing from any site included under section 26-449 of live natural trees eligible for credit under section 26-452 is prohibited unless a permit for such clearing has been issued. Prior to the issuance of any permit on any site covered by this article, an application fee of $35.00 and three copies of a landscape plan shall be submitted to and approved by the building permit division of the city, after review and approval by the zoning administrator, or designee of the city. The zoning administrator, or designee, shall act upon the landscape plan within five working days of its submission, or the landscape plan shall be deemed approved. The landscaping plan shall contain the following information: The date, scale, north arrow, title and name of the property owners; the approximate location of existing boundary lines; setback lines; rights-of-way; dimensions of the building coverage, existing and proposed; and location of existing and proposed streets, parking spaces and driveways; the location and size of paved and landscape areas, in square feet; the location, number, size and botanical or common name of proposed landscape material; the centerline of adjacent streets; the zoning of the site and adjacent properties; location of available water for irrigation; existing and proposed utilities overhead and underground (gas, telephone, water, sewer, cable, etc.); any existing trees of 12 inches in caliper or larger, as measured 4½ feet above grade level; and whether they are to be removed. No permit shall be issued unless such landscape plan complies with the provisions of this section. A certificate of occupancy shall not be permitted until landscaping is complete, and it shall be unlawful to occupy or use the premises or a vehicular use area unless the landscaping is installed in accordance with the approved landscape plans and the requirements of this section.
(b) The building permit division may allow conditional occupancy valid for a period of 30 days with extensions not to exceed an accumulation of 180 days if all of the following conditions exist:
(1) Except for the completion of landscaping installation, occupancy would normally be allowed.
(2) Completion of the required landscaping before a permanent certificate of occupancy is issued would result in hardship to the applicant, as applied in this case.
(3) At the time the conditional occupancy is requested, the developer/owner shall make financial arrangements (by bonds, certificate of deposit, or letter of credit) satisfactory to the city in the amount of $3.00 per square foot of required landscaping not yet in place to ensure that it shall be installed. Any owner/developer wishing to make such financial arrangements must also grant the city access to the land to install or complete the required landscaping in the event the landscape installation has not been completed at the end of the required extension period. Such financial arrangements shall be released when the required landscaping is completed.
(Ord. of 1-3-95, § 6; Ord. No. 1996-17(3), § 1, 2-27-96)
Source: City of Jackson, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/jackson/codes/code_of_ordinances?nodeId=COOR_CH26BUBURE_ARTIXLATRST_S26-453PLAPCOOCFetched: 11/1/2026
