ARTICLE VII COMMERCIAL DISTRICT

Jackson Zoning Ordinance — Article Vii Commercial District
in effect

Jackson Zoning Ordinance § 701 General Provisions

General Provisions The uses permitted in all commercial districts are as follows: 1. Commercial, as hereinafter regulated; 2. Public parks, open spaces, and recreational areas including playgrounds; 3. Libraries; 4. Schools, including public, private, and parochial, all on sites of not less than ten thousand (10,000) square feet; 5. Churches; provided all requirements contained herein for off-street parking are complied with; 6. Public utility facilities and structures required to provide essential public services. (See 1203-A) 7. Public facilities and uses necessary for conducting the business of operating the City, County, State, and/or Federal Government. 8. Off street surface parking. 9. Residential uses in non-residential structures which meet the requirements of and qualify for the municipal ad valorem tax exemption of the City of Jackson, enacted on January 22, 2002, and recorded in Minute Book A5-F at Page 462. 10. Small cell wireless facilities shall be allowed on private property pursuant to review for compliance with Sections 35-66 Design Guidelines, 35-67 Design Standards, and 35-71 Required Submittal Information as detailed in Chapter 35 Article IV for Small Wireless Facilities in the City of Jackson Code of Ordinances. These facilities require site plan review approval and require a building permit.

Jackson Zoning Ordinance § 702 Commercial District Subdivision

Commercial District Subdivision The "C" Commercial District is hereby further subdivided into five (5) subordinate districts which are known as: 1. C-1 Restricted Commercial District 2. C-1A Restricted Commercial District 3. C-2 Limited Commercial District 4. C-3 General Commercial District

Jackson Zoning Ordinance § 702.01 Continuance

In Commercial Districts minimum lot area and lot width measurements set forth by this Ordinance shall not be applicable upon existing and developed commercial lots at the date of adoption of this Ordinance which do not meet such regulations as set forth herein. However, al l other commercial properties shall comply with provisions of this Ordinance.

Jackson Zoning Ordinance § 702.02 C-1 Restricted Commercial District

The purpose of this district is to provide relatively quiet, attractive and spacious areas for the development of office and limited retail uses. This district is intended to encourage high quality attractive office park development in protected environments. 702.02.1 Uses Permitted: 1. Any type of professional occupation as defined in this Ordinance and any other office type activity in which there is kept no stock in trade or merchandise for sale and which offers only a service to the general public. 2. Research Institutes, 3. Auxiliary and related retail uses located entirely within buildings where the predominant use is office, hospital, research institute and/or convalescent home. 4. Wholesale Dealer 702.02.1. (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. Hospitals 2. Convalescent homes, and assisted living facilities, personal care facilities and transitional housing all of which exceed thirteen (13) residents 702.02.2 Regulations: 1. Minimum lot area - 5,000 square feet. 2. Minimum lot width - fifty (50) feet. 3. Minimum front yard depth - twenty-five (25) feet from street right-of-way line. 4. Minimum side yard width - five (5) feet, except where it adjoins residentially or a mixed use zoned property, the side yard requirement shall be increased to twenty- five (25) feet. On a corner lot, the minimum side yard depth on the street side shall be twenty-five (25) feet. 5. Minimum rear yard depth - fifteen (15) feet, except where it adjoins residentially or mixed use zoned property, the rear yard requirement shall be increased to twenty- five (25) feet. 6. Maximum height - thirty-five (35) feet. 7. Maximum lot coverage - fifty percent (50%), including accessory structure 8. No exterior storage shall be permitted.

Jackson Zoning Ordinance § 702.03 C-1A Restricted Commercial District

The purpose of the C-1A District is to provide for areas where existing residential structures can be used for low-intensity commercial uses, to serve as transitional zones between residential uses and higher intensity commercial uses or arterial streets. These districts are intended to encourage adaptive reuse of existing residential dwellings in order to preserve the original urban form of these areas. 702.03.1 Uses Permitted: 1. Any type of professional occupation as defined in this Ordinance and any other office type activity which offers only a service to the general public. 2. Bed and breakfast inn (Class A). 3. Art gallery, museum, studio, antique, and/or specialty retail shop. 4. All uses permitted in the R-2 Single-Family and Two-Family Residential District. 5. Personal and commercial services 6. Multifamily dwellings of up to eight (8) units 702.03.2 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. Commercial banks, saving institutions, and credit unions. 2. Adult and child care centers/Commercial. 3. Restaurants, Neighborhood 4. Wholesale Dealer 702.03.3Regulations: 1. Minimum lot size- 6,000 square feet 2. Minimum lot width- fifty (50) feet. 3. Minimum front yard depth- The minimum front yard setback shall be equal to the median front setback for all the houses on the same block and the same side of the street. 4. Minimum side yard- five (5) feet. 5. Minimum rear yard- fifteen (15) feet except where it adjoins residentially or mixed use zoned property, the rear yard requirement shall be increased to twenty-five (25) feet. Parking facilities may be located within the rear year except for the required landscaping buffer between commercial uses and residential uses. 6. Maximum building height- thirty-five (35) feet 7. Commercial dumpsters are prohibited. 8. No parking is permitted in front of the principal building. For detached single-family residential uses, parking on the side of the principal structure shall be permitted only on a surface typically used for vehicle parking. Parking areas for uses other than detached single-family residential shall comply with the City of Jackson's Landscape Ordinance. 9. Residential structures shall not be demolished or relocated unless they constitute a public nuisance, are a threat to the public health and safety, or have met the following conditions: A. The request for demolition or relocation is accompanied with a development proposal for the same parcel. This request is submitted to the Department of Planning and Development for review. B. The development proposal shall be reviewed by a committee including at least the Zoning Administrator, the Historic Preservation Planner and the District Planner for the area, to ensure that the proposed development is consistent with the existing urban form of the rest of the district in regards to building setbacks, orientation, massing, height, and roof shape and pitch. C. The development proposal shall be reviewed and final approval granted by the Site Plan Review Committee. D. Appeals of decisions of either the Department of Planning and Development or the Site Plan Review Committee shall be heard by the Planning Board.

Jackson Zoning Ordinance § 702.04 C-2 Limited Commercial District

The purpose of this district is to provide attractive areas for the medium density development of office buildings and neighborhood type stores, services, and commercial centers that address the daily needs of the surrounding residential community. 702.04.1 Uses Permitted: 1. Any and all uses, except residential, permitted in C-1 and C-1A Restricted Commercial Districts. 2. Adult and child care centers. 3. Coin laundry and dry cleaning establishments 4. Commercial Banks, Savings Institutions and Credit Unions 5. Convalescent homes, assisted living facilities, personal care facilities and transitional housing all of which exceed thirteen (13) residents 6. Electric Vehicle Charging Station 7. Neighborhood shopping centers, retail convenience stores, and personal services. No single tenant shall occupy more than 40,000 square feet. 8. Restaurant, Fast-food & Neighborhood 9. Retail Stand 10. Transient Vendors in Neighborhood Shopping Centers – when located completely indoors. Outdoor display of merchandise is prohibited. 702.04.1(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-1 and C-1A Restricted Commercial Districts. 2. Restaurant, Drive Thru. A. When the restaurant adjoins residentially zoned property, all exterior lighting shall be directed away from adjacent residential properties; B. The location for the point of taking food orders shall be buffered from and so located so as to minimize the intrusion upon adjacent properties. 3. Veterinarian clinic when no storage pens or runs are located outdoors. 4. Multi-family dwellings of up to twenty (20) units 5. Automotive service and repair establishments, but excluding major repair work such as motor overhaul, body and fender repairs, spray painting, tire retreading, or other activities which may generate excessive noise or odors which may be incompatible with the character of the district when: a) Conducted within a completely enclosed building; and b) There is no outdoor storage of automobiles, discarded parts, tires or similar materials. 6. Re-cycling collection point when: a. The collection point occupies no more than five hundred (500) square feet; b. Has no processing equipment; c. Recycling containers are made of durable material and are covered and secured from unauthorized entry; and d. Located two-hundred fifty (250) feet from any residentially zoned property. 7. Nightclubs and bars. 8. Service stations. 9. Car wash. 10. Restaurant, General. 11. Liquor Store where part of a neighborhood shopping center and not in combination with a convenience type grocery store or service station. 12. Community Recreational Center, where part of a neighborhood shopping center 13. Tobacco Paraphernalia Retail Business when located in a neighborhood shopping center and not in combination with a convenience type grocery store or service station. 14. Hospitals 15. Vendor Park 16. Tattoo Parlors subject to the following regulations: a. Submission of Proof of approval from the MS State Department of Health in accordance with the regulations governing the registration of individuals performing body piercings and tattooing; b. Annual renewal of Use Permit: c. Non- operation shall be between the 11:00 pm – 9:00 am; d. Cannot be located within five hundred (500) feet of a kindergarten -12th grade school, church; and e. Cannot be located within one thousand (1000) feet of another tattoo parlor 702.04.2 Regulations: 1. Minimum lot area - not regulated. 2. Minimum lot width - not regulated. 3. Minimum front yard depth - twenty-five (25) 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, 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 a corner lot, the minimum side yard depth on the street side shall be twenty-five (25) feet. 5. Minimum rear yard depth - fifteen (15) feet except where it adjoins residentially or mixed use zoned property, the rear yard requirement shall be increased to twenty-five (25) feet; 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 - seventy-five (75) feet. 7. Maximum lot coverage - not regulated. 8. No exterior storage shall be permitted. 9. The leading edge of canopies shall be a minimum of five (5) feet from any street right- of-way line. 10. Petroleum dispensing facilities shall be a minimum of twenty (20) feet from any street right-of-way line. 11. 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. 12. No pawnshop, 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 13. 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 14. 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. 15. 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.

Jackson Zoning Ordinance § 702.05 C-3 General Commercial District

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

Jackson Zoning Ordinance § 1102-A ;

e. clearly visible warning signs shall be placed on the fence and/or site perimeter advising of potential high voltage hazards; f. prior to preliminary site plan approval or construction plan the applicant shall submit proof of notice to the utility company that operates the power grid where the solar energy production facility will be located of the intent to develop an interconnected power generation facility; g. prior to site construction plan approval, the applicant shall submit proof of an executed interconnection agreement with the public utility or other written proof of an agreement with the public utility that construction can proceed; h. considered abandoned after a one-year period without energy production; i. all energy production and transmission equipment and appurtenances removed within 120 days of abandonment by the operator of the facility and the property owner; j. a decommissioning plan submitted with the Use Permit application for the proposed site; and k. the Use Permit shall be renewed annually and subsequent owners of a solar energy production facility at the location must apply for and receive a new Use Permit.