Jackson, MS Accessory Structures: ADU Owner Occupancy (2026)

The City of Jackson Zoning Ordinance classifies accessory living quarters as an accessory use to the principal single-family dwelling in single-family residential districts. Under traditional Mississippi zoning doctrine and the planning authority granted by Miss. Code Ann. §§17-1-1 through 17-1-31, an accessory use cannot exist independently of its principal use — meaning the lot must continue to function as a single-family residential lot with the main dwelling in active use. Jackson has not enacted a separate JADU framework. Mississippi has not preempted municipal owner-occupancy or accessory-use rules; there is no Mississippi equivalent of California's AB 587/AB 976 (Cal. Gov. Code §65852.2(a)(8)) or Oregon's HB 2001. The Zoning Board of Adjustment, when granting any special exception or variance under Miss. Code Ann. §17-1-19 for a non-by-right accessory dwelling configuration, commonly imposes conditions including owner-occupancy of the principal dwelling, prohibition on subdivision of the lot, and a deed restriction running with the land. The Office of City Planning may review homestead exemption status (administered by the Hinds County Tax Assessor under Miss. Code Ann. §27-33-1 et seq.), driver's license address, and utility account holder when assessing accessory-use compliance. Subdivision restrictions in private deeds or HOA covenants (governed by Mississippi common law of restrictive covenants) may impose additional or stricter owner-occupancy requirements independent of zoning.