Zoning Frequently Asked Questions

A Rezoning is an official change in the way that properties can be used and developed i.e. – change from a residential zoning classification to a commercial zoning classification.

Per Section 1703.02.1-A of the Zoning Ordinance), in order to obtain a change in the zoning classification of real property in the City of Jackson, Mississippi, the applicant must prove by clear and convincing evidence either of the following:

1. There was a mistake in the original zoning, or
   2. There has been substantial change in the land use character of the surrounding area that justifies rezoning the property; and a public need for additional property in that area zoned in accordance with the request in said application since any previous City Council action.

A Special Exception is:
* a non-retail use not permitted in the current zoning district
* given on a yearly basis only during the occupancy or ownership of the person to whom it was granted, and upon their vacating the property or structure, the property and/or structure shall revert to the original use.

A Special Exception does not:
* change the general zoning of the property
* permit off street parking within the required front yard setback;
* allow any change in integrity and appearance of the property or the existing structure that would be contrary to the desired character of the district

A Use Permit is:
* a use which is not permitted by right but which is allowed in certain zoning districts,
* usually subject to conditions, and with the approval of a site plan, as regulated by the provisions of * proposed use can be accommodated by existing or proposed public services and facilities including, but not limited to, water, sanitary sewer, streets, drainage, police and fire protection, and schools;
* proposed use is in harmony with the Comprehensive Plan;
* proposed use will not be hazardous, detrimental, or disturbing to present surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, electrical interference, or other nuisances.

A Variance is:
* a relaxation of the terms of the Zoning Ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property, a literal enforcement of the Ordinance would result in unnecessary, undue hardship.
* authorized only for height, area and size of structure, or size of yards, separation of uses, open spaces, and off-street parking spaces;

The establishment or expansion of a use not permitted shall not be allowed by variance.

A variance may be granted when:
* That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.
* the literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the provisions of the Zoning Ordinance.
* special conditions and circumstances do not result from actions of the applicant.
* The variance requested will not confer upon the applicant any special privilege that is denied by this Ordinance to other similar lands, structures or buildings in the same district.

A zoning violation is any land use or activity that is contrary to the provisions of the Zoning Ordnance (i.e. too many animals, parking of commercial vehicle in residential areas, automotive repairs on a residentially zoned property)

Any person who violates the provisions of the Zoning Ordinance or fails to comply with any of its requirements after having been duly notified by the Zoning Administrator shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00) and in addition shall pay all costs and expenses involved in the case. Each day that such violation continues shall be considered a separate offense.

A conviction for a zoning violation constitutes a misdemeanor.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person, who commits, participates in, assists in, or maintains such violation may be found guilty of separate offense, and suffer the penalties as provided by the Zoning Ordinance.

Contact the Zoning Division at 601-960-2359 or 601-960-2037 to report a zoning violation. In addition to the above numbers, persons may call 311 to report a zoning violation or other issues.

Rezonings are initiated by
* the property owner or
* the local government

Per Section 1703.02.1-A of the Zoning Ordinance), in order to obtain a change in the zoning classification of real property in the City of Jackson, Mississippi, the applicant must prove by clear and convincing evidence either of the following:
1. there was a mistake in the original zoning, or
2. there has been substantial change in the land use character of the surrounding area that justifies rezoning the property; and a public need for additional property in that area zoned in accordance with the request in said application since any previous City Council action.

Petition for a Zoning Action - (Rezoning, Special Exception, Use Permit, Variance or PUD)
A zoning action application must be submitted by the monthly filing deadlines. The applicant will submit pages 1-3 of the application. The Declaration page (page 3) must be signed and notarized by the owner of the property for the proposed zoning action.

Property owners within a 160’ ft., neighborhood associations within 1000’ ft. of the requested zoning action and the City Council members must be notified by certified mail. The letter will include the applicant’s request, the address of the property, and the current and proposed use of the property and the date of the Planning Board hearing. The applicant will submit the original certified mail receipts for each letter sent.

Fees Associated with the Zoning Application
Rezoning, Use Permit and PUD - $501 for the first five (5) acres plus $30 for each additional acre.

Special Exception - $301. There is an annual renewal fee of $100. The annual renewal is subject to City Council approval.

Variance- $301 plus $100 for each additional Variance request.

The applicant may withdraw the request up to the day of the hearing and receive a refund. The application fees are non-refundable after the request has been heard by the Planning Board

The Zoning Staff will prepare the legal ad for the requested zoning action. The ad will be published in the City’s paper of general circulation twice with the first publication being at least fifteen (15) days prior to the Planning Board Hearing. Staff will also post a sign on the property at least fifteen (15) days prior to the Planning Board Hearing indicating that that property will be considered for a zoning action. Additionally, staff will prepare a written report to the Planning Board that will include the relative information and a recommendation for the request.

The Planning Board will hear the relevant facts of the case from the staff, the applicant, supporters and opponents of the request. Upon hearing facts relevant to the case, the Planning Board will take a vote to determine whether to recommend approval or denial of the requested action. Their recommendation will be submitted to the City Council for their review and action.

The Planning Board Hearings are held at 1:30 p.m. on the fourth Wednesday of each month except for the holiday schedules for Thanksgiving and Christmas. The Hearings are held in the Andrew Jackson Conference Room of the Warren A. Hood Building – Rm 105- 200 S President St.

An appeal to the Planning Board decision may be filed by the aggrieved party within 15 days after the Planning Board hearing. The appeal must be submitted in writing. Once the appeal is submitted the aggrieved party will need to contact the Court Reporter to get the transcripts prepared from the Hearing. The aggrieved party is responsible for the payment of the fess associated with the transcribing of the minutes and the notification to the parties of record regarding the appeal and the date the case will be presented to the City Council

As the official legislative body of the city, the City Council conducts a special zoning hearing every third Monday of the month at 2:30 p.m. to vote on zoning related items. If the City Council votes to approve the matter, the change is effective in thirty days.

Rezoning requests will be final after thirty days and publication of the final Ordinance. The applicant is responsible for the costs associated with the publication of the rezoning.

An appeal from the decision of the City Council may be made as provided by law for appeals from any order of the governing authorities of a municipality.

11-51-75. Appeal to circuit court from board of supervisors, municipal authorities. Any person aggrieved by a judgment or decision of the board of supervisors, or municipal authorities of a city, town, or village, may appeal within ten (10) days from the date of adjournment at which session the board of supervisors or municipal authorities rendered such judgment or decision, and may embody the facts, judgment and decision in a bill of exceptions which shall be signed by the person acting as president of the board of supervisors or of the municipal authorities.

NOTE: The above statement is an excerpt of the statutes from TITLE 11 - CIVIL PRACTICE AND PROCEDURE Chapter 51 – Appeals of the MS Code.