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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Ownership rule
Accessory dwelling and house, same owner
Units per lot
One accessory dwelling maximum
Driveway rule
Shared driveway unless rear-alley access
Applies in
Traditional Neighborhood Development (TND) District only
Last amended
December 19, 2024

Summary

Inside Jackson's Traditional Neighborhood Development (TND) District, a lot may carry no more than one accessory dwelling, and the Zoning Ordinance requires that unit to be owned by the same person who owns the principal dwelling; separate driveways are barred unless the accessory unit uses a rear alley.

B. No more than one accessory dwelling shall be permitted one lot. The accessory dwelling shall be owned by the same person as the principal dwelling. The accessory dwelling shall not be served by a driveway separate from that serving the principal dwelling unless the accessory dwelling is accessed from a rear alley and the principal dwelling is accessed from a street.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Jackson's Zoning Ordinance ties accessory dwelling units to common ownership within the Traditional Neighborhood Development (TND) District. 01(1)(B) states that no more than one accessory dwelling shall be permitted one lot, and that the accessory dwelling shall be owned by the same person as the principal dwelling. That single-ownership rule prevents a TND lot's guest cottage or garage apartment from being sold or held separately from the main house, distinguishing it from a true second, independently owned residential lot. The same subsection also restricts site access: the accessory dwelling cannot use a driveway separate from the one serving the principal dwelling, unless the accessory unit is reached from a rear alley while the principal dwelling still fronts a street.

Read together with subsection A, which allows attached-or-detached construction but requires the lot's principal use to stay a detached single-family dwelling, and subsection C's 650-square-foot footprint cap, the ownership rule confirms the accessory unit is meant to remain subordinate housing tied to the main residence rather than an independent rental parcel. This standard applies only within the mapped TND District created under Article 709-A of the Zoning Ordinance, last amended December 19, 2024; Jackson's standard residential districts, R-1 through R-6, are governed by separate provisions in Article VI and are not subject to this TND-specific ownership condition.

Violations & Fines

Selling or transferring a TND accessory dwelling to a different owner than the principal dwelling, adding a second accessory unit on one lot, or installing a separate driveway without qualifying rear-alley access breaches § 709.02-D.01(1)(B). As with other Zoning Ordinance violations, § 2201-A makes this a misdemeanor and § 2202-A permits a fine of up to $1,000 plus costs after a 15-day cure period, with continuing violations charged daily.

Frequently Asked Questions

Can I sell my garage apartment separately from my house in a Jackson TND?
No. Section 709.02-D.01(1)(B) requires the accessory dwelling to be owned by the same person as the principal dwelling, so it cannot be sold, subdivided, or held as a separate title within the Traditional Neighborhood Development District.
Can a TND lot have two accessory dwellings?
No. Section 709.02-D.01(1)(B) caps a TND lot at one accessory dwelling, whether it takes the form of a guest cottage, garage apartment, or similar unit. A second accessory structure on the same lot would violate this standard.
Does the accessory dwelling need its own driveway?
No. Section 709.02-D.01(1)(B) bars a separate driveway for the accessory dwelling unless it is accessed from a rear alley while the principal dwelling keeps its own street-facing driveway; otherwise both units must share one driveway.

Sources & Official References

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