Jackson Code of Ordinances § 26-446 Title of article.
Sec. 26-446. - Title of article.
This article shall be known as the landscape and tree ordinance for the city.
(Ord. of 1-3-95, § 1; Ord. No. 2016-34(14), 11-29-16)
LANDSCAPING AND TREE STANDARDS
Jackson Code of Ordinances ch. 26, art. IX
in effectJackson Code of Ordinances § 26-447 Purpose of article.
Sec. 26-447. - Purpose of article.
The purpose of this article is to protect and to promote the public health, safety and general welfare of the citizens of the city; to provide landscaping and tree requirements to protect the public from the effects of erosion, flooding and obscuration of vehicular and pedestrian traffic; to aid in stabilizing the environment's ecological balance by contributing to the processes of energy and soil conservation, air purification, oxygen regeneration, wastewater neutralization, groundwater discharge, and stormwater runoff retardation, while at the same time aiding in noise, glare and heat abatement; to ensure that the local stock of native trees and vegetation is replenished; to assist in providing adequate light and air and in preventing overcrowding of land; to provide visual buffering and to enhance the beautification of the city; to safeguard and to enhance property values and to protect public and private investment; to preserve and protect the unique identity and environment of the city; and to preserve the economic base attracted to the city by such factors.
(Ord. of 1-3-95, § 2; Ord. No. 2016-34(14), 11-29-16)
Jackson Code of Ordinances § 26-448 Definitions.
Sec. 26-448. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessway means an area intended to provide entrance or exit for vehicular traffic from a public or private right-of-way to an off-street parking or loading area.
Berm means mounds or walls of earth that are molded into landforms in a landscaped area. When berms are used for screening, buffering or any other purpose, the berm shall be constructed such that soil erosion is prevented and sight triangles are unobstructed. The surface of the berms shall be completely covered with plant material or durable mulch so that the bare soil is not visible. Allowance for soil settlement shall be calculated at ten percent after the berms are compacted.
Buffering means the use of landscaping, berms, walls, fences or any combination thereof, that at least partially block, in a continuous manner, the view from one area to another.
Clearing means the removal or material damage of landscape materials by disturbing, excavating or removing the underlying soil.
Common development means a commercial development consisting of three or more businesses, which operates as a unit and shares common access and common parking areas; or a multifamily residential development consisting of three or more residences which operate as a unit and share common amenities.
Deciduous means or refers to a plant which tends to shed its leaves each year.
Development means the act, process or result of developing; a developed site.
Dripline means the periphery of the area underneath a tree which would be encompassed by perpendicular lines dropped from the farthest edges of the crown of the tree.
Encroachment means the act of advancing beyond the usual or proper limits, as in the encroachment of a motor vehicle beyond the limits of the parking area into the landscaping.
Encroachment barrier means the protective barriers which shall be provided, positioned, and secured to prevent any part of an automobile or other vehicle from extending into live landscaping, fences, or walls. Protection for all landscaping from vehicular encroachment shall be provided by curbing, wheel stops, landscape timbers, railroad ties or bumper rails.
Evergreen means of or referring to a plant which tends to retain its leaves all yearround.
Fence means an enclosure or barrier intended to mark a boundary, screen a view, or prevent intrusion.
Front building line means a building wall fronting on the street. Such building wall line shall follow and include the irregular indentations of the building. Steps and unenclosed porches shall be excluded for the purpose of this article.
Grass means low growing plants which creep along the earth surface to form a solid mat or lawn. Only perennial grasses (those which live for more than one growing season) shall qualify to satisfy the requirements of this article.
Groundcover means low growing plants which grow in a spreading fashion to form a more or less solid mat of vegetation, and which are generally included in landscaped areas to prevent soil erosion by providing permeable cover for bare earth.
Hedge means shrubs planted in a continuous line which will block at least 80 percent of a view in a maximum of two growing seasons after installation.
Interior landscaped area means that area inside the perimeter of a site which is permeable and capable of being planted with live landscape materials.
Irrigation means an adequate supply of water which can be made available to landscape plant materials including, but not limited to, underground sprinkler systems or hose bibs.
Landscape material means plant materials including, but not limited to, live trees, shrubs, groundcovers, grass, flowers, and native landscape materials; also including, but not limited to, inorganic features such as planters, stone, brick, and aggregate forms, water, and other landscape elements when used to enhance live plant materials; provided, however, that the use of inorganic materials or grass in combination with inorganic materials shall not predominate over the use of live, organic plants. Artificial plants do not qualify as landscape material.
Landscape permit means a permit issued by the planning and development department, building permit division prior to the clearing and development of all land located within the city as outlined in section 26-449.
Landscaped area means that area within the boundaries of a given site which is devoted to and consists of landscape material.
Large tree means an evergreen or deciduous upright woody perennial plant having a single main stem or several main stems, which is a minimum of eight to ten feet overall height at the time of planting and which attains a minimum height of 15 feet and a maximum height of generally more than 30 feet with few or no branches on its lower part.
Owner means the person who has legal title to the property in question; or lessee, agent, employee or other person acting on behalf of the titleholder with written authorization to do so.
Perimeter landscape area means that area surrounding the vehicular use area which is devoted to and consists of landscape materials.
Refuse storage means any area used for the storage of trash or garbage. No refuse storage shall be permitted as part of the landscaped area, but refuse storage is otherwise permitted adjacent to vehicular use areas.
Remodeling means the act of reconstructing a building or site for the purpose of making improvements. Any change or modification in existing exterior construction.
Screening means landscaping, berms, fences, walls, or any combination thereof used to block or significantly obscure, in a continuous manner, the view from one area to another.
Shrub means woody or semiwoody perennial plants that are customarily included in landscape designs to provide for lower scale buffering and visual interest.
Sidewalk means a hard-surfaced, all-weather area of a minimum of four feet in width designed for the convenience of pedestrian access, which is normally located immediately within the public right-of-way.
Sight triangle means the area on either side of an accessway at its junction with a street forming a right triangle shape within which clear visibility of traffic and pedestrians shall be maintained.
Soil means the medium in which plants will grow.
Small tree means an evergreen or deciduous upright woody perennial plant having a single main stem or several main stems, which is a minimum of six to eight feet overall height at the time of planting and which attains a minimum height of 15 feet and a maximum height of 30 feet generally with few or no branches on its lower part.
Turf means low growing perennial grasses which creep along the earth's surface to form a solid mat or lawn.
Value means that determined as the true value as provided by the tax assessor for tax purposes, or the property owner may provide a current appraisal from a certified licensed appraiser.
Vehicular use area means that area of development subject to vehicular traffic including access ways, loading and service areas, areas used for parking, storage or display of vehicles, boats or portable construction equipment, and all land which vehicles cross over as a function of primary use.
Vines means herbaceous or semiwoody plants requiring support upon which to grow and used to provide some screening or buffering effects.
Wall means an enclosing structure made of brick, stone, earth or other materials intended to mark a boundary, screen a view, or prevent intrusion.
Walkway means a hard-surfaced, all-weather area intended for pedestrian circulation within a development.
(Ord. of 1-3-95, § 3; Ord. No. 2020-13(2), § 1, 6-9-20)
Jackson Code of Ordinances § 26-449 Applicability of article; exemptions from article.
Sec. 26-449. - Applicability of article; exemptions from article.
(a) Except as otherwise provided in this section, this article shall apply to all land located in the city. This article shall remain and continue with any and all subsequent owners.
(b) As to new developments and vehicular use areas, a common development which includes more than one lot shall be treated as one lot for the purposes of satisfying this article. Split ownership, planning in phases, construction in stages, and/or multiple building permits for a project shall not prevent it from being a common development as referred to in this subsection. The final project shall comply with this article.
(c) Any development or vehicular use area in existence before the adoption of this article shall comply with the requirements set forth in this subsection under any of the following circumstances:
(1) Any change requiring a 30 percent or more increase in the number of parking spaces.
(2) Reconstruction, renovation or remodeling which increases the square footage of a development by more than 50 percent, or the construction cost of which exceeds 50 percent of the value of the existing development.
(3) For purposes of subsections (c)(1) and (c)(2) of this section, a common development shall be considered as a whole rather than as individual properties.
(4) Any vehicular use area zoned C-4 central business district, in existence as of January 3, 1995, without a hard, all-weather surface, shall conform to the definition of a vehicular use area within a period of three years from the adoption of this section. The construction board of adjustment and appeals may grant a one time extension of up to two years, and such extension shall not be unreasonably withheld.
(5) Any vehicular use area zoned C-4 central business district, in existence as of January 3, 1995, which violates or does not conform to the provisions of this article, shall conform to the provisions within a period of five years from January 3, 1995.
(6) Any refuse area in existence on January 3, 1995, which violates or does not conform to the provisions of this article, shall conform to the provisions within a period of one year from January 3, 1995.
(d) Exemptions. These exemptions shall not apply to the following:
(1) Building permits for a conventional single-family detached dwelling.
(2) Building permits for buildings located on property zoned C-4 central business district.
(3) Building permits for buildings less than 100 square feet on an out-parcel within a shopping center.
(4) Clearing of trees for forestry or agricultural purposes.
(5) Building permits for the restoration of a building when restoration is required, as a result of damage and/or destruction by fire or natural causes, of less than 60 percent of its current market value and provided said permit is applied for within 12 months of the occurrence of fire or natural causes.
(6) Building permits for restoration of buildings identified as a landmark, or on a landmark site, or within a historic preservation district, pursuant to chapter 70 of this Code.
(7) Multi-storied or covered parking structures shall be exempted from providing interior landscaping.
(8) Property located in an industrially zoned district except for those properties with identified land uses in the commercial zoning districts is exempt from the requirements of section 26-461 of this Code.
(9) Vehicular use areas zoned C-4 central business district is exempt from the requirements of sections 26-456, 46-460, 26-461, and 26-463 of this Code.
(Ord. of 1-3-95, § 4; Ord. No. 2018-14(3), § 4, 5-21-18; Ord. No. 2020-13(2), § 2, 6-9-20)
Jackson Code of Ordinances § 26-450 Minimum requirements.
Sec. 26-450. - Minimum requirements.
The provisions of this article are for the promotion of the public health, safety, morals and general welfare for the city and are considered to be minimum requirements. 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 purpose of this article, but impose more restrictive or higher standards, the more restrictive or higher standards shall govern.
(Ord. of 1-3-95, § 17)
Jackson Code of Ordinances § 26-451 Enforcement of article; penalty for violation of article.
Sec. 26-451. - Enforcement of article; penalty for violation of article.
Violation by any person of the provisions of this article or failure to comply with any of its requirements, after written notification by the zoning administrator, or designee, of the city of the type, nature, and extent of the violation of this article, shall, upon conviction thereof, constitute a misdemeanor. Any person who violates the provisions of this article or fails to comply with any of its requirements within after having been duly notified in writing, by certified mail by the zoning administrator, or designee, of the city, shall, upon conviction thereof, be fined not more than $1,000.00. Each day such violation continues shall be considered a new and separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. of 1-3-95, § 18; Ord. No. 2022-46(4), 6-20-22)
Jackson Code of Ordinances § 26-452 Tree credit.
Sec. 26-452. - Tree credit.
(a) Preservation of existing live natural trees between the principal building and the public street right-of-way can be credited towards the tree planting requirements of this article according to the following ratio: The number of credited trees shall be determined by measuring, at a height 4½ feet above grade level, the circumference (in inches) of each preserved tree, and dividing the sum by six. To be included in the computation for credit for preserved trees, each preserved tree must be at least 12 inches in caliper; however, any existing tree less than 12 inches in caliper but meeting the minimum planting size requirements of this article, may be credited for one required tree. Credited trees shall be uniformly encircled by a protected ground area of sufficient size to ensure the health of the tree. During any construction on the site, the protected ground area shall be clearly marked in the field.
(b) No credit will be allowed for any tree proposed to be retained if there is any encroachment within the protected ground area defined by a circle which has as its center the trunk of the tree, or if the tree is unhealthy or dead. If any preserved tree being used for credit dies or fails to thrive, the owner shall plant new trees equal to the number of credited trees. Such replacement plantings shall meet the requirements of this article.
(c) In no case shall credits for preserved trees eliminate the requirement that the front setback shall contain at least one natural tree.
(Ord. of 1-3-95, § 5)
Jackson Code of Ordinances § 26-453 Plan approval; conditional occupancy.
Sec. 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)
Jackson Code of Ordinances § 26-454 Installation and maintenance of landscaping.
Sec. 26-454. - Installation and maintenance of landscaping.
All landscaping shall be of nursery stock quality and shall be installed in a sound workmanlike manner and according to accepted good planting procedures. All landscaping shall be adaptable to climate conditions of the area, and consideration shall be given to not planting large trees near utilities. All landscaping shall be maintained in good condition and in accordance with all provisions of this article as follows:
(1) All landscaping shall present at all times a healthy, neat, clean, orderly, disease-free and pest-free appearance.
(2) All landscaping soil and fill shall be free from weeds, refuse, and debris at all times.
(3) Landscaping elements such as walls and fences shall be constructed in a sound workmanlike manner with adequate support or footings and shall be repaired or replaced as needed to preserve an attractive appearance and to function as intended.
(4) Any dead plant material or material which fails to show healthy growth must be removed within 30 days.
(5) Replacement of removed plant material must take place within 90 days of removal or notification by the city, whichever occurs first.
(6) Any replacement plant material must meet the size and other characteristics of newly planted material as required in this article.
(7) Maintenance of all landscaping is the responsibility of the owners, jointly and separately.
(8) Trees and large shrubs shall be adequately supported as necessary, using stakes and guys. Such supports shall be designed so as to protect trees and shrubs from injury. Trees and shrubs shall be fastened to the supports with an acceptable commercial tree tie of plastic or hose covered wire.
(9) Any landscaped area required by this article shall not be encroached upon by any type of vehicle. All landscaped areas must be protected by an encroachment barrier. A vehicle may overhang a landscaped area provided that a minimum width of three feet in landscaped area remains.
(10) The maximum growth height of any landscaping within the sight triangle shall be three feet in height.
(Ord. of 1-3-95, § 7)
Jackson Code of Ordinances § 26-455 Landscaping and sidewalks within street rights-of-way.
Sec. 26-455. - Landscaping and sidewalks within street rights-of-way.
Owners are encouraged to landscape and to maintain the area within the nonpaved street right-of-way abutting their land; provided, however, that:
(1) Although the city shall adhere to a general policy of preservation of any such landscaping, the city shall not be responsible or liable in the event any landscaping is required to be removed.
(2) Any landscaping in a street right-of-way shall not impede or obstruct visibility of any vehicles.
(3) Any underground sprinkler systems, planters or other permanent structures placed in the right-of-way shall require a license agreement with the city.
(4) No landscaping shall be placed in an area of right-of-way where a capital improvement project has been funded for such location, unless and until such project has been completed.
(Ord. of 1-3-95, § 8)
Jackson Code of Ordinances § 26-456 Vehicular use areas—Interior requirements.
Sec. 26-456. - Vehicular use areas—Interior requirements.
The following requirements shall apply to the interior areas of vehicular use areas:
(1) Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. Each unused space resulting from the design or layout of parking spaces, which is over 24 square feet in area, shall be landscaped.
(2) The planting of one tree shall be required for every 20 interior parking spaces. All newly planted trees shall be planted in a permeable area of at least nine square feet total permeable area for small trees and 36 square feet total permeable area for large trees, except additional permeable area may be required by the city if necessary to ensure adequate growth. See section 26-460.
(Ord. of 1-3-95, § 9)
Jackson Code of Ordinances § 26-457 Same—Perimeter requirements for land not zoned C-4 central business district.
Sec. 26-457. - Same—Perimeter requirements for land not zoned C-4 central business district.
A landscaped buffer of at least five feet in width consistent with the requirements of subsection 26-454(9) shall be installed around the perimeter of all vehicular use areas, except as provided in section 26-459. The planting of one large tree shall be required, in accordance with the provisions of this article, every 50 linear feet or fraction thereof, or one small tree every 35 linear feet or fraction thereof within the perimeter landscaped area. The remainder of the perimeter landscaped area shall include landscape materials.
(Ord. of 1-3-95, § 10.01)
Jackson Code of Ordinances § 26-458 Same—Requirements for land zoned C-4 central business district.
Sec. 26-458. - Same—Requirements for land zoned C-4 central business district.
A landscaped buffer of at least four feet in width consistent with the requirements of section 26-454(9) shall be installed along the street frontage (corner lots are treated as having two street frontages) of all vehicular use areas. In addition, the planting of one large tree shall be required, in accordance with the provisions of this article, every 40 linear feet or fraction thereof, or one small tree every 35 linear feet or fraction thereof along a vehicular use areas street frontage. As an alternative to the above an owner/developer may provide interior landscaping as follows:
(1) Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. Each unused space resulting from the design or layout of parking spaces, which is over 24 square feet in area, shall be landscaped.
(2) The planting of one tree shall be required for every 20 interior parking spaces. All newly planted trees shall be planted in a permeable area of at least nine square feet total permeable area for small trees and 36 square feet total permeable area for large trees, except additional permeable area may be required by the city if necessary to ensure adequate growth.
(3) Interior landscaping shall be concentrated in one location or dispersed throughout the site.
However, notwithstanding the provisions of this section, at a minimum, all landscaping for vehicular use areas shall comprise ten percent of the site, and shall be visible from the street.
(Ord. of 1-3-95, § 10.02)
Jackson Code of Ordinances § 26-459 Front setback requirements for land not zoned C-4 central business district.
Sec. 26-459. - Front setback requirements for land not zoned C-4 central business district.
All sites to which this article applies shall provide that the front setback (corner lots are treated as having two front setbacks) or a portion thereof be landscaped as follows:
A minimum landscaped area of ten times the length of the right-of-way in square feet is required. A minimum of five feet width and a maximum of 25 feet of the front setback, as required by the city zoning ordinance, shall be the required landscaped area under this section. Accessways are not calculated as part of the landscaped area. The landscaped area shall be immediately adjacent to the public right-of-way or the proposed public right-of-way if the site is designated for improvements as priority I or II in the city's 2010 arterial and collector street plan or designated in the city's capital improvements plan. The landscaped area shall contain a minimum of one large tree per 50 linear feet of road frontage or one small tree per 35 linear feet of road frontage. Not more than 15 percent of the total landscaped area shall be an impervious surface, which shall be allowed only for landscape amenities such as paved walks, walls, fountains, signs, public art, etc. The landscaped area shall not be encroachable by vehicles except as specified in subsection 26-454(9).
(Ord. of 1-3-95, § 11)
Jackson Code of Ordinances § 26-460 Composite site requirements.
Sec. 26-460. - Composite site requirements.
If all landscape requirements described in sections 26-446—26-459 are met, and the total square footage of the landscaped areas do not equal ten percent of the total site, additional landscaped areas shall be required so that a minimum of ten percent of the total site is landscaped area. Such additional landscaped area may be in the form of additional landscaped vehicular use areas, additional front setback landscaped area or foundation planting around building and structures. At a minimum, all additional landscaped areas shall be completely covered with live turf or grass.
(Ord. of 1-3-95, § 12)
Jackson Code of Ordinances § 26-461 Loading area and service landscape regulations.
Sec. 26-461. - Loading area and service landscape regulations.
Other than property located in an industrially zoned district, all loading and service areas not screened by an intervening building, established after the application of this section and all preexisting areas which are required by section 26-449 shall be screened from view from any public street right-of-way for their entire length except for necessary access. Screening for loading and service areas may be accomplished by either of the following:
(1) A closed fence or wall which is at least six feet high and is made of the same or compatible materials, in terms of texture and quality, with the material and color of the principal building, along with additional natural evergreens, shrubs or trees so that no more than two-thirds of the surface area of the closed fence or wall is visible from the street within three years of erection of the structure; or
(2) The screening may be accomplished with natural evergreen shrubs or trees which can be expected to reach six feet or a greater height within three years of planting.
Any natural evergreens, shrubs or trees used to fulfill these requirements shall be a minimum of three feet in height when planted, and spaced no more than four feet apart at the time of planting.
(Ord. of 1-3-95, § 13.01)
Jackson Code of Ordinances § 26-462 Refuse areas with receptacle (dumpster) regulations.
Sec. 26-462. - Refuse areas with receptacle (dumpster) regulations.
All refuse areas with receptacles (dumpsters) shall be completely screened from adjacent properties by an enclosure that is at least six inches above the maximum height of the dumpster. and is completely enclosed on four sides with one of the sides being a gate. Those receptacle enclosures located in front of buildings shall be required to be landscaped. A building permit must be obtained prior to the construction and/or installation of the enclosure and subject to the regulations in this section.
(1) Applicability. The requirements of this section shall be applicable to apartments or apartment complexes consisting of five or more living units, commercial land uses and those properties with identified land uses in the commercial zoning districts that are located within industrial zoning districts.
(2) Screening requirements. All new refuse areas with receptacles (dumpsters) shall be completely screened from adjacent properties by an enclosure that is at least six feet high and is completely enclosed on four sides with one of the sides being a gate. Those receptacle enclosures located in front of buildings shall be required to be landscaped. A building permit must be obtained prior to the construction and/or installation of the enclosure and subject to the regulations in this section.
(3) Receptacle (dumpster) location and service access areas. The location and placement of the receptacle shall not be in the public right of way or in a manner that the service vehicle will block any street, public alley or that negatively impacts adjacent properties. The location and placement of dumpsters and enclosures shall be planned and constructed in a manner that allows unobstructed access to each dumpster and the unobstructed opening of the gates during the disposal process.
(4) Construction requirements.
a. Enclosures shall be constructed of an opaque fire-resistant type material including masonry, concrete, corrugated steel of not less than 18 gauge, trex, black vinyl coated chain link with slats maximum spacing of one-half inch, or any combination of these elements. Any combination of screening by landscaping, berms, or existing structures is also acceptable where it provides opaque screening from street. The enclosure shall be constructed in such a manner that all structural members, including braces, posts, poles and other projections, shall be on the interior side. The enclosures shall be of a material and color the same or similar to the existing principal structure.
b. The enclosure shall fully enclose the receptacle (dumpster) and shall be at least six inches above the maximum height of the dumpster.
c. All enclosures shall have pedestrian and service access gates and their construction shall be of sturdy metal frame and hinges with an opaque facing material. The gates shall be constructed with commercial grade hinges, poles and hasps.
1. Enclosures shall have double gates or ADA compliant gates with an approved latch.
2. Enclosures with gates that swing out from the dumpster shall be set back from the property line at least a distance equal to the width of the gate.
3. Gates cannot open into a drive lane or across the sidewalk.
d. All new developments shall have bollards placed around the area of the dumpster to protect the enclosure from being hit during the emptying process, preserve the life and aesthetics of the enclosure and to prevent gates from swinging open into traffic.
(5) Maintenance.
a. Dumpsters shall remain inside the enclosure at all times except during the scheduled collection periods.
b. Approved enclosures shall be maintained in good condition and appearance at all times.
c. Gates and latches shall be kept fully operable and shall be closed except during scheduled collection periods.
(Ord. of 1-3-95, § 13.02; Ord. No. 2018-14(3), § 13.02, 5-21-18; Ord. No. 2022-46(4), 6-20-22)
Jackson Code of Ordinances § 26-463 Transitional landscaped areas.
Sec. 26-463. - Transitional landscaped areas.
It is recognized that certain land uses, because of their character and intensity, may have an adverse impact on less intensive adjacent uses. The purpose of this section is to establish minimum landscaping requirements between certain uses that will help mitigate negative impacts that could constitute a nuisance due to noise and lights. Buffers shall be required in accordance with Table 1 when any use is being developed abutting an existing developed lot or vacant lot. Buffer requirements include a minimum distance separation from the property line and required planting of trees and shrubs within the buffer. Buffering between uses shall not be required within the C-4 Central Business District.
One hundred percent of the applicable buffer requirements shall be the responsibility of the developing land use, except when a residential or institutional use is developed abutting an existing more intensive use developed prior to the approval of this ordinance and for which no buffer is in place. In this case, the residential or institutional use shall be responsible for providing a minimum of 50 percent of the required buffer of the developing tract.
If an abutting parcel contains a required buffer or screen, it shall count towards the buffer requirements of the developing property, subject to the regulations in Table No. 1. If the land use relationships between two abutting lots change so that a lesser buffer would be required under these regulations, the width of the buffer may be reduced accordingly. The width of any required buffer of 15 feet or wider may be reduced by 25 percent if a wall, fence, or berm (with approval of site plan review committee) is provided that meets the following standards:
(1) Any fence or wall shall be a minimum of six feet and constructed in a durable fashion of brick, stone, other masonry materials, or any combination thereof as approved by the zoning administrator. A chain link fence with plastic, metal or wooden slats may not be used to satisfy the requirements of this section when abutting residential uses and districts.
(2) Berms shall be a minimum height of four feet with a maximum slope of 3:1. Berms in excess of six feet height shall have a maximum slope of 4:1 as measured from the exterior property line. Berms shall be stabilized to prevent erosion and landscaped.
_____
TABLE NO. 1
REQUIRED BUFFERING CATEGORY
Existing Abutting Uses and Districts | Single Family Use or Zoning
Developing Use
Multifamily—Attached and multifamily in one building with more than 12 units; Planned multifamily and attached developments and manufactured housing parks | C
Institutional—Low Density: Civic, service and fraternal organizations, cultural facilities, Residential day care centers; group homes with more than 6 residents and nursing homes, rest homes and assisted living homes. | A
Medium Density: Religious institutions, up to 750 seats. | B
High Density: Religious institutions over 750 seats | C
CLASS A BUFFER
WIDTH | 10 feet
Deciduous Shade Trees+ | 0
Evergreen Tree | 4
Shrubs+ | Continuous
6' fence+ | Yes
+ Per 100 linear feet
CLASS B BUFFER
Width | 15 feet
Deciduous Shade Trees+ | 1
Evergreen Trees+ | 4
Shrubs+ | Continuous
6" fence+ | Yes
+ Per 100 linear feet
CLASS C BUFFERS
½ acre to 2.5 acres | 3.0 to 5.0 acres | 5.5 to 7.5 acres | 8.0 and above acres
WIDTH | 10 feet | 15 feet | 20 feet | 25 feet
Deciduous Shade Trees+ | 0 | 1 | 1 | 2
Evergreen Trees+ | 3 | 3 | 4 | 6
Shrubs+ | 4 | 4 | 4 | 6
6' fence+ | Yes | Yes | Yes | Yes
+Per 100 Foot Linear Foot
Evergreens shall be a minimum height of six feet at the time of installation. Deciduous trees shall be between six and eight feet in height. Proposed trees shall be grouped and staggered to present a natural appearance. Existing trees may count towards the deciduous shade trees per 100 linear feet requirement. In addition, a continuous evergreen hedge and solid wood or masonry fence of at least six feet high, shall be placed and maintained adjacent to the lot line. This buffer shall be installed in its entirety during construction of the residential units or the institutional use.
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(Ord. of 1-3-95, § 14; Ord. No. 2005-9(3), § 1, 1-18-05)
Jackson Code of Ordinances § 26-463.1 Alternative buffer and screening requirements.
Sec. 26-463.1. - Alternative buffer and screening requirements.
In the event that the unusual topography or elevation of a development site, the size of the parcel to be developed, the soil or other sub-surface condition on the site, or the presence of required buffer or screening on adjacent developed property would make strict adherence to the requirements of Section 14 serve no meaningful purpose or would make it physically impossible to install and maintain the required buffer or screen, the zoning administrator may alter the requirements as long as the existing features of the development site comply with the spirit and intent. Such an alteration may occur only at the request of the property owner, who shall submit a plan to the zoning administrator showing existing site features that would buffer or screen the proposed use and any additional buffer materials the property owner will plant or construct to buffer or screen the proposed use. The zoning administrator shall not alter the requirements unless the developer demonstrates that existing site features and any additional buffer materials will screen the proposed use as effectively as the required buffer or screening. In deciding whether to approve such a plan, the zoning administrator shall consult with the director of planning and development and the staff landscape architect.
(Ord. No. 2005-9(3), § 2, 1-18-05)
Jackson Code of Ordinances § 26-464 Administrative interpretation of article.
Sec. 26-464. - Administrative interpretation of article.
In the event there is a question concerning the general intent or meaning of any provision of this article text, the zoning administrator, or designee, of the city shall have the right to make such administrative decisions or interpretations. Any aggrieved person may submit a written appeal of an administrative decision or interpretation to the construction board of adjustment and appeals. Said board shall affirm, reverse or modify the administrative interpretation rendered by the zoning administrator, or designee, of the city. An interpretation from which an appeal is made must be in writing, and must be in response to a written request for an administrative decision or interpretation. It is expressly intended that such administrative decision or interpretation shall in no manner be construed to permit or grant exceptions or variances to the provisions of this article. Every decision of said board shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity.
(Ord. of 1-3-95, § 15; Ord. No. 1996-17(3), § 15, 2-27-96)
Jackson Code of Ordinances § 26-464.1 Materials for vehicular use areas.
Sec. 26-464.1 - Materials for vehicular use areas.
The following standards apply to vehicular use areas:
(1) Parking surfaces shall be kept in good repair at all times. The parking surface shall not be allowed to degenerate to a point of disrepair where there is loose gravel or potholes, or to a condition where mud or gravel may be tracked onto the street.
(2) In order to control dust and mud, all vehicle areas must be surfaced with a minimum all-weather surface included but not limited to concrete, asphalt, pavers, or compacted crushed stone. Alternatives to the specified all-weather surface may be provided, subject to approval by the city engineer.
(3) Driveway aprons and approaches shall be paved with concrete or asphalt. Alternatives to the specified driveways and approaches surface may be provided, subject to approval by the city engineer if the surfaces provides results equivalent to paving.
(4) Accessible parking spaces and associated pathways shall be paved with a hard surface material meeting the standards required by the Americans with Disabilities Act.
(Ord. No. 2020-13(2), § 3, 6-9-20)
Jackson Code of Ordinances § 26-465 Variances.
Sec. 26-465. - Variances.
(a) Required circumstances. Where there are unusual circumstances peculiar to the site being developed and where a literal application of specific provisions of this article would unnecessarily restrict the development of a site and result in hardship to the owners or other interested persons, a variance from specific provisions of this article may be requested.
(b) Application; contents; required demonstration. The application requesting a variance from the requirements of this article shall include a description of the property, the exact nature of the proposed variance, and the grounds upon which it is requested. The applicant shall further demonstrate that the granting of such variance will not adversely affect the properties nor otherwise be detrimental to the public welfare.
(c) Filing; recommendation of landscape architect to construction board of adjustment and appeals; consideration by board. The application shall be filed with the zoning administrator, or designee, for the city. Upon receiving an application for a variance, where all required information is supplied, the zoning administrator, or designee, shall make a recommendation within ten working days and forward the application to the construction board of adjustment and appeals for their consideration. Within ten working days after the board's receipt of a recommendation by the zoning administrator, or designee, the board shall meet to consider the request.
(d) Grant or denial. Within ten working days after the board's meeting, the board shall grant or deny the variance in whole or in part. If the board fails to take action on the request for the variance within the specified time period, such inaction shall be deemed to grant the variance. Every decision of the board shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity.
(Ord. of 1-3-95, § 16; Ord. No. 1996-17(3), § 1, 2-27-96; Ord. No. 2020-13(2), § 3, 6-9-20)
Jackson Code of Ordinances § 26-466 Enforcement.
Sec. 26-466. - Enforcement.
Violation by any person of the provisions of this article or failure to comply with any of its requirements, after written notification by the zoning administrator, or designee, of the city of the type, nature, and extent of the violation of this article, shall upon conviction thereof, constitute a misdemeanor.
Any person who violates the provisions of this article or fails to comply with any of its requirements within days after having been duly notified in writing, by certified mail, return receipt requested, by the zoning administrator, or designee, of the city shall upon conviction thereof, be fined not more than $1,000.00. Each day such violation continues shall be considered a new and separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. No. 1996-17(3), § 1, 2-27-96; Ord. No. 2020-13(2), § 3, 6-9-20)
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_ARTIXLATRSTFetched: 11/1/2026