(A)

Except as herein specified the following provisions shall be applied within all zoning districts.

4.0101 Activities affected; conformance required: Zoning affects every building and use. No building or land shall hereafter be used, and no building or part thereof shall be erected, moved or altered unless for use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located. No excavation, cut or fill of earth or debris shall hereafter be undertaken unless a permit is issued by the administrative officer for such excavation, cut or fill.

4.0102 Reserved.

(Ord. No. 7-95, § 2, 9-11-95)

4.0103 Accessory buildings:

(a)

Accessory buildings shall be permitted in rear yards only and must be at least six feet from any other buildings on the same lot and six feet from all adjoining lots.

(b)

On any corner lot adjoining in the rear another lot which is in a residential zone, accessory buildings shall conform to the side yard requirements for corner lots.

4.0104 Continuance of nonconformities:

(a)

Intent. Within the districts and sections established by this ordinance, or amendments that may later be adopted, there exist lots, structures, uses of land, and characteristics of development which were lawful before this ordinance was passed or amended, but which otherwise would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments.

It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but to discourage their continuation. Such nonconformities are declared by this ordinance to be incompatible with otherwise lawful development in the districts involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other nonconformities prohibited elsewhere in the same district.

(b)

Extension and enlargement. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming characteristics of development be extended or enlarged after passage of this ordinance.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved. In no event shall the time of such construction exceed a period of one year except for a demonstrated cause approved by city council.

(c)

Nonconforming lots of record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in a separate ownership and not of continuous frontage with another lot in the same ownership. This provision shall apply even though such lots fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, or yard requirements shall be obtained only through action of the board of adjustment.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no said parcel shall be used which does not meet lot width and area requirements established by this ordinance nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements of this ordinance.

(d)

Nonconforming uses of land. Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended. Such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; unless such use is changed to a use permitted in the district in which such use is located.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance.

(3)

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(4)

No additional structure which otherwise conforms to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

(5)

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance but no such use shall be extended to occupy any land outside such building.

(6)

If any such nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

(7)

Abandonment. A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned:

a.

When the intent of the owner to discontinue the use is apparent; or

b.

When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within six consecutive months, unless other facts show intention to resume the nonconforming use, or when it has been replaced by a conforming use, or where the use is discontinued or abandoned six consecutive months or for 18 months during any three-year period.

c.

Discontinuance or abandonment shall be determined by reviewing telephone, gas, electric, water, sewer, cable, and mail services, statements from neighbors or others to include code enforcement officers who have knowledge of such vacancies, and by the upkeep and activity at the property in question.

(8)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structures are located, and the nonconforming use may not thereafter be resumed.

(9)

Where nonconforming status applies to a use and structure in combination, the removal or destruction of the structure shall eliminate the nonconforming use status. Destruction for the purpose of this ordinance is defined as damage to an extent of more than 50 percent of the floor area at time of destruction.

(10)

An exemption to the items listed in this section (d) shall be the expansion of a non-conforming residential use to allow up to one accessory structure 300 square feet in area or less. Such accessory structure shall meet all code requirements or shall otherwise obtain a variance. If one such structure exists another structure shall not be permitted regardless of whether or not the cumulative effect is still less than 300 square feet.

(Ord. No. 18-95, § 1, 12-11-95)

(e)

Nonconforming characteristics of development. Where at the effective date of adoption or amendment of this ordinance, lawful characteristics of development may exist that are no longer permissible under the terms of this ordinance as enacted or amended. Such characteristic may be continued, so long as it remains otherwise lawful or is not specifically addressed elsewhere within the code, subject to the following provisions:

(1)

The nonconforming characteristic shall not be enlarged or increased so as to become a greater nonconformity.

(2)

Upon expansion of more than ten percent of the floor area of the principal structure or ten percent of the floor area of all buildings cumulatively on site the nonconforming characteristic shall be brought into compliance with the current code provisions.

(3)

Where a site containing a nonconforming characteristic has been vacant for a period of 18 months the nonconforming characteristics of development shall be corrected before reoccupation of the site.

(4)

Where nonconforming status applies to a structure and character of development in combination, the removal or destruction of the structure shall eliminate the nonconforming characteristic of development. Destruction for the purpose of this ordinance is defined as damage to an extent of more than 50 percent of the floor area at time of destruction.

(f)

Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity.

(2)

Any structure or portion thereof may be altered to decrease its nonconformity.

(3)

Should such structure be destroyed by any means to an extent of more than 50 percent of its floor area, it shall not be reconstructed except in conformity with the provisions of this ordinance.

(4)

Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the district in which it is moved.

(5)

Existing single-family or, duplex units not having a garage shall not be considered to be nonconforming structures.

(g)

Interpretations/Determinations. The planning director shall make any necessary interpretations regarding the nonconforming status of a use, structure, lot, and characteristic of development. Such determinations/interpretations shall be written and dated. It shall also be attempted to be provided to the concerned party involved either by regular mail or in person. The determination/interpretation may be appealed to board of adjustment within 30 days from the date of determination/interpretation. This appeal will follow the normal administrative appeal procedure.

(h)

Repairs and maintenance. On any building devoted in whole or in part to any nonconformity, ordinary repairs, or repair or replacement of nonbearing walls, fixtures, wiring or plumbing, may be done provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(i)

Conditional uses, not nonconforming uses. Any approved conditional use approved by the board of adjustment as provided in this ordinance shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district provided, however, that such conditional use shall not be extended or expanded without permission in the form of a new conditional use for such expansion or extension has been passed and adopted by the board of zoning adjustment as required by the terms of this ordinance in connection with the conditional use procedure.

(j)

Temporary uses. The casual, intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of this ordinance unless it complies with the terms of this ordinance.

(Ord. No. 4-94, § 1, 5-9-94)

4.0105 Dwelling in rear of main buildings prohibited, exceptions: No buildings in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the yard, open space, and off-street parking requirements of this ordinance. The front yard requirements for a rear dwelling shall be measured from the required rear yard line of the principal building. A certificate of occupancy must be obtained before a rear dwelling can be used for residential purposes.

4.0106 Height limitations; exceptions: The height limitations of this ordinance shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, windmills, chimneys, smokestacks, derricks, conveyors, flag poles, masts and aerials.

4.0107 Lot of record: The owner of a lot of official record, which lot at the time of the adoption of this ordinance does not include sufficient land to conform to the yard or other requirements of this ordinance, may submit an application to the board of adjustment for a variance from the terms of this ordinance. Such lot may be used as a building site to conform with the district in which it is located; provided, however, that the yard and other requirements of the district are complied with as closely as is possible in the opinion of the board.

4.0108 Mobile home parks or trailer parks: Mobile homes or trailers shall be permitted only in mobile home parks or trailer parks. Mobile home parks or trailer parks shall be permitted in any R-2 or R-3 residential zone provided the following requirements are met:

(a)

Area and density requirements: No mobile home park or trailer park shall be permitted on an area of less than one acre in size. The developer may be permitted to develop the park in stages as long as such developer complies with the overall approved plan for the entire tract and initially has a minimum of five mobile home or trailer lots developed for use. The number of mobile homes or trailers permitted in the park shall not exceed a density of 12 mobile homes or trailers a net acre, a net acre being the land to be subdivided into lots after streets and other required improvements have been installed.

(b)

Lot requirements: Individual lots within a mobile home park or trailer park shall not be less than 3,000 square feet in area and in no instance shall more than one mobile home be permitted on a single lot.

(c)

Setback: No mobile home or trailer or structure shall be located closer to any street than the minimum front yard setback for an R-3 zone. No mobile home or trailer shall be located closer than 15 feet to any building within the park or to any property line of the park.

(d)

Street frontage: All mobile home parks or trailer parks shall front on a public street or road for at least 100 feet.

(e)

Spacing: No mobile home or trailer shall be located within 25 feet of another mobile home or trailer except that minimum end-to-end clearance of not less than ten feet shall be permitted, and in instances where the sides opposite the entrance of two mobile homes or trailers face each other, the amount of space between the two mobile homes or trailers may be reduced to not less than 20 feet.

(f)

Streets: All mobile home or trailer spaces shall abut upon a street. All streets within the park shall have a right-of-way of not less than 25 feet and a pavement of not less than 20 feet. All streets within the park shall be hard-surfaced and well lighted. Each park shall have one street which gives access to a public street. Such access streets shall not be less than 125 feet from the intersection of two or more public streets.

(g)

Parking: One paved automobile parking apace shall be provided on every mobile home or trailer park lot. Public parking spaces will be provided for each mobile home or trailer in the mobile home park or trailer park allowing one-fourth parking space for each mobile home lot or trailer lot in the mobile home park or trailer park. This additional parking may be in a central location.

(h)

Office mobile homes or trailers: Prohibited except as part of temporary construction.

(i)

Utilities: All lots within the mobile home park or trailer park shall be provided with water, sewer and electrical facilities meeting the standard specified by city and state regulations, and each mobile home or trailer shall be properly connected with said utilities.

(j)

Accessory structures: No accessory structure including patios and pads shall be located within five feet from any mobile home or trailer lot line. The maximum floor area shall be 100 feet and the maximum height shall be ten feet. It shall be built in compliance with the building code.

(k)

Connection structures: Only porches, stairs, and other open structures may be attached to a mobile home or trailer.

(l)

Procedure: In applying for a building permit for a mobile home park or trailer park, the applicant shall submit such applicant's plan to the planning commission for its approval. The plan shall show at least the following information:

(1)

Name and address of applicant.

(2)

Name and location of the mobile home park or trailer park.

(3)

Dimensions and locations of all lot lines, roads, and easements; each mobile home lot or trailer lot shall be numbered.

(4)

Contour lines to indicate slope and drainage.

(5)

Location of all utilities; public and private water, sewerage, drainage, and electrical facilities and easements.

(6)

Public areas such as visitors' parking, recreational areas, etc.

(7)

Large scale plan of one typical mobile home lot or trailer lot showing mobile home or trailer location, automobile parking space, etc.

(8)

Location of planting for landscaping purposes or as required for protective buffer purposes as a special condition.

(m)

Issuance of building permit: The planning commission may attach reasonable special conditions to its approval of a mobile home park or a trailer park and may direct the administrative officer to issue a building permit from the state cabinet for human resources as required by KRS 219.350. The administrative officer shall not issue the building permit until such officer has received written authorization from the planning commission, or board of adjustment, and until the valid construction permit is presented.

(n)

Issuance of certificate of occupancy: The administrative officer shall issue a certificate of occupancy only after such officer has determined that the trailer park has been prepared according to all applicable regulations and special conditions and only after the applicant presents a valid permit to operate from the state department of housing, buildings and construction as required by KRS 219.350.

(o)

Enforcement: The administrative officer shall ensure that all mobile home parks and trailer parks maintain valid permits to operate and maintain conformance with all applicable regulations of the zoning regulations and all special conditions.

(p)

Exception: The planning commission may reject any proposed mobile home park or trailer park even though it meets all the above requirements if the planning commission determines that existing mobile home parks or trailer parks are not fully occupied and/or utilized and the development of more land to this use is not for the public welfare of the community.

[(q)

Replacement to existing lot.] Mobile homes that are on lots where mobile homes existed before the adoption of the zoning ordinance on April 22, 1969, in any zone, may be replaced with other mobile homes within 30 days after said mobile home is removed; however, the mobile home may only be replaced by a mobile home equivalent to or better than the existing mobile home.

(Ord. No. 14-85, § 1, 1-13-86)

State Law reference— Mobile home and recreational vehicle park act, KRS 219.310 et seq.

4.0109 Storage of mobile homes or trailers: Mobile homes or trailers used exclusively for the purpose of traveling or camping and which do not exceed the width of eight feet or the length of 24 feet may be stored in the rear yard of any lot provided yard requirements as designated in this ordinance are maintained.

4.0110 Reserved.

(Ord. No. 7-95, § 2, 9-11-95)

4.0111 Reserved.

(Ord. No. 20-94, § 1, 2-12-95)

4.0112 Site plan approval

(a)

Purpose. The purpose of this approval process is to provide for the review and evaluation of new development and redevelopment projects in order to provide for a desirable living and working environment, to promote the overall health, safety, economic viability, aesthetics, and general welfare of the community, and to encourage a harmonious relationship between uses.

(b)

Site plan approval applicability. All developments shall be required to submit a site plan for approval. Smaller developments will be reviewed by City staff and are considered "Minor Site Plans". Larger developments shall be reviewed and shall be required to receive approval from the Mayfield Planning Commission. These reviews shall be referred to as "Major Site Plans". Major site plan approval shall be required for the following: Multi-family projects with more than 10 units, all commercial developments of more than two acres, industrial sites of more than 4 acres, mobile/manufactured home parks, conditional uses, new development or redevelopment (with an increase in 25% or more of gross floor area) in the Central Business Commercial District (B-3), and those sites that are required to receive formal site plan approval as a condition of another approval (i.e. zoning, variances). All other projects shall be considered minor site plans.

Site plans shall be considered a part of and inclusive in a building permit. If only a site permit has been issued with no building approval pending then the site permit shall stand as a building permit.

(c)

General and specific considerations of site plan review. The commission shall ascertain that proposed lot sizes, lot coverage, building heights, yard requirements, off-street parking provisions, and other provisions are adequate to meet the requirements of this ordinance and other applicable ordinances and that such uses are harmonious to the adjacent uses and to the area.

In addition to the above general considerations, the planning commission in the exercise of their authority, shall also consider the following specific standards and factors at a minimum:

(1)

Ingress and egress to property, proposed structures, and off-street parking and loading areas, with regard to automotive and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, convenience to the units it is designed to serve, buffering of abutting property where applicable.

(2)

The proper provision of utility services, the handling of storm water and construction of storm water facilities, solid waste system.

(3)

Recreation and open spaces, with attention to the location, size and development of the areas in regard to their adequacy, their affect on privacy of adjacent living areas, and their relationship to community wide open spaces and recreation facilities.

(4)

Density of development, within the framework of the permitted density.

(5)

General character and compatibility with reference to ensuring the proposed development will be designed so as not to cause substantial depreciation of property values or reduce the safety, light and general convenience of neighboring developments.

(6)

Other requirements that are specific to the site, to the improvements proposed, or to the uses proposed as deemed necessary by the Planning Commission.

Although city staff will review minor site plans in the same manner as major site plans the review shall be generally confined to the written development standards/city ordinances, any board approvals, and any specifics concerning the site. Public facilities or within the public right-of-way shall be constructed according to any specifications or standards established by the City of Mayfield. Utilities shall be constructed according to standards established applicable utility.

(d)

Site plan approval process.

(1)

Submittal and review. Twelve site plans prints with all required submittals shall be provided for a major site plan review, along with a site plan application, and applicable site plan review fee. This site plan and all submittals shall be submitted at least 10 days prior to the next regularly scheduled Planning Commission meeting.

Three site plan prints with all required submittals shall be provided for minor site plan reviews and may be submitted to staff at any time. Approximately seven to 14 days should be allowed for review time.

(2)

Approvals. Once approved for a major site plan any required changes and conditions of approval shall be incorporated in a revised site plan and shall be re-submitted. Three corrected copies shall be provided for review. The same process shall also be followed for minor site approvals with review comments being incorporated into revised site plans.

(3)

Issuance of permits and pre-construction conferences. Once a site plan is approved a permit may be issued. If the building plans have been submitted and approved the site permit shall be incorporated and shall be made part of the building permit issued. If the building plans have not been approved but the building footprint has been firmly established a site permit may be issued to begin grading and drainage work on the site.

One stamped and signed copy shall returned to the developer as an official copy. This set shall remain on site and shall be utilized in the site construction. The other two approved sets shall be kept with the City for inspection purposes.

(4)

Pre-construction conference. Prior to the start of construction a pre-construction conference shall be required. At a minimum the general contractor, site contractor, and building contractor shall be in attendance. The owner and any other sub-contractors are also requested to be involved. attendance. The administrator may waive this step on smaller projects.

(4)

Inspection. The inspection of development shall occur throughout the construction process on an informal basis. Formal inspections will done for footers, foundations, floorpads, pre-paving, pre-final and final. These shall be requested by calling the Planning and Building Department with a 24 hr notice.

(5)

Site plan changes. Changes from site plans are sometimes necessary with construction from time to time. Site plan changes for major and minor site plans must be reviewed and approved by city staff prior to being implemented. Significant changes (reference definitions) to major site plans shall require re-approval from the Mayfield Planning Commission.

(6)

Site plan violations. Improvements constructed contrary to the approved plan or any city ordinance shall be deemed to be a site plan violation. Stop work orders shall be utilized for the entire site or for a portion of the site (if possible) for those violations that cannot be resolved.

Violations of a site plan approval shall be a Class A misdemeanor and shall be punishable by a fine of not less than $50.00 and not more than $500.00 dollars per day and up to 60 days in jail. Each day a violation exists shall be considered a separate offense.

All remedies available may be utilized to correct a site plan violation to include: stop work orders; injunctions; criminal citations as stated above; civil actions and any other remedies available to the city.

(7)

Appeals. Appeals from a decision of the administrative official shall be made following the normal procedure as outlined in Appendix A.

(Ord. No. 21-96 § 2, 1-13-97)

4.0113 Site plan requirements.

(a)

General requirements: Plans shall be drawn at a scale of 1" = 60' or larger (i.e. 1" = 40'). The maximum sheet size for all plans shall not exceed 24 inches by 36 inches. Multiple sheets may be used, provided each sheet is numbered, the total number of sheets is indicated on each sheet, and an overall master sheet at a smaller scale is provided. Cross-referencing between sheets shall be required Necessary notes and symbol legends shall be included. Abbreviations should be avoided, but if used they shall be defined in the notes. All plans must be clear, readable and fully dimensioned utilizing a standard engineer scale.

(b)

Survey: A certified, detailed survey showing existing conditions to include: property boundaries, abutting streets (name, C/L) existing elevations, utilities (gas, water, sewer, electric, storm water), structures (s.f. height, use), access points (location and width), easements (location dimensions, and width), sidewalks, concrete/asphalt areas, fences, and large trees (dbh 20"+). flood plains, adjacent zoning and land use, adjacent site improvements (within 10ft of property line), access points within 50'.

(c)

Site plan: A scaled (engineer's scale) full dimensioned plan showing the physical improvements proposed for the site to include: proposed structures (s.f., height, stories, use, location, and dimensions) driveways, approaches, curb cuts, deceleration lanes, sidewalks, bike paths, parking spaces, loading areas, solid waste facilities, Proposed open space, natural areas, traffic control devices, screening/buffering, recreation facilities (size, type, and location), drainage (all retention areas location to include proposed conveyance swales), outside light locations.

General administrative site data to include: Site location map and legend to include: name of development, site acreage and square footage, scale, north arrow, existing zoning and land use preparation/revision date. The name address and phone number of the owner, owner's representative, engineer/architect, other involved individuals. Parking calculations (required and provided) percentage and acreage of impervious area and building coverage, a general statement of character and intent of use, future data information, units/density calculations, phase line and phase explanations and any other necessary data necessary to fully understand the site plan.

(d)

Waiver of site plan requirements: The administrator may waive some plan requirements on a case by case basis for smaller projects or where the requested information provides no substantial review value.

(Ord. No. 21-96 § 2, 1-13-97)

4.0114 Violations. A violation of site plan approval shall have deemed to have occurred if the one of the following occurs:

1.

Physical Improvements were constructed contrary to the approved site plan.

2.

Conditions of approval were not adhered to in the approval site plan.

(Ord. No. 21-96 § 2, 1-13-97)

4.0115 Home occupation permits.

(a)

Intent. The purpose of this home occupation provision is to allow for certain types of restricted occupational uses within residential districts that are compatible with the neighborhood in which they are located.

(b)

Conditions and approval of the board of zoning adjustments. Home occupations shall be permitted in accordance with the following listed conditions and the approval of the board of adjustments:

(1)

Not more than one-fourth of one floor of the residence shall be used for business purposes.

(2)

The home occupation must be conducted by no person other than members of the resident family.

(3)

No significant increase in pedestrian or vehicular traffic shall be generated by the home occupation. For purpose of interpretation, more than seven total vehicles or ten total people per day relating to the home occupation shall be conclusively deemed a significant increase in traffic.

(4)

No outdoor storage of materials and/or supplies related to the home occupation are permitted.

(5)

No noise, odor, dust, vibration, fumes, or smoke caused by the home occupation shall be readily discernable at the lot boundaries, and the use shall not adversely affect surrounding areas.

(6)

No home occupation shall cause an electrical disturbance that shall adversely affect the property of another person.

(7)

No exterior aspect of the residential structure shall allow the home occupation to be reasonably recognized as a non-residential use.

(8)

Storage of hazardous waste, noxious materials, chemicals, pharmaceuticals, or other substances that may constitute a nuisance shall not be permitted on the premises.

(9)

No more than a single vehicle used primarily in the conduct of the home occupation may be parked or stored on the public street or anywhere on the subject property other than an enclosed garage. That vehicle shall have a weight not in excess of 10,000 pounds, or 21 feet in bumper to bumper length.

(10)

No signs naming or advertising the home occupation are permitted on or off premises.

(11)

The permit may be granted to a designated person who resides at a residential address. The permit shall not be transferable from one person to another person, one home occupation to another home occupation, or from one address to another address.

(12)

The home occupation shall be operated in conformance with all applicable laws, including obtaining a city business license.

(13)

The board of zoning adjustments may attach additional conditions of approval which are necessary to preserve the integrity of the residential neighborhood in which the proposed use will be located.

(Ord. No. 21-96 § 2, 1-13-97; Ord. No. 31-16, § 1, 9-12-16)

4.0116 Livestock.

1.

The term "livestock" is to mean, for the purposes of this ordinance, cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies, goats, buffalo, llamas and poultry.

2.

The owning, keeping, breeding, raising, or maintaining of livestock within the City of Mayfield is prohibited in all areas, with the following exceptions that may be made in well drained and fenced areas:

Cattle: minimum of 3 acres; no more than two cows per acre if under ten acres; minimum 200' setback to any residence if under five acres

Sheep: minimum of 2 acres; no more than five sheep per acre if under ten acres; minimum 200' setback to any residence if under 5 acres

Swine: minimum of 10 acres and minimum of 600' setback to any residence

Horses: minimum of 3 acres; one to two horses allowable on two to three acres with 200' setback to any residence;

Ponies: minimum of 2 acres; one to two ponies allowable on one to two acres with 200' setback to any residence

Donkeys: minimum of 3 acres; one to two donkeys allowable on two to three acres with 200' setback to any residence

Mules: minimum of 3 acres; one to two mules allowable on two to three acres with 200' setback to any residence

Hinnies: minimum of 3 acres; one to two hinnies allowable on two to three acres with 200' setback to any residence

Goats: minimum of 3 acres; up to 5 goats allowable on two to three acres with 300' setback to any residence

Buffalo: minimum of 10 acres and 600' setback to any residence

Llamas: minimum of 5 acres and 300' setback to any residence

Poultry: minimum of 2 acres and 200' setback to any residence

Excluded from the provisions of this ordinance shall be the following: livestock temporarily housed at veterinary clinics, livestock sales and auctions, and enclosed hatcheries in an industrial zone.

(Ord. No. 1-04, §§ 1, 2, 2-9-04)

Section 4.02. R-1A, R-1B, R-1C and R-1D, Single-family Residential Dwelling Districts.

District and intent. The provisions of these districts are intended to apply to areas of low-density single-family residential development. Lot sizes and other restrictions are intended to protect and promote high quality residential development.

4.201 Principal uses and structures:

(a)

Single-family dwellings:

4.0201 Principal permitted uses: Single family dwellings occupied by not more than one family and planned residential development projects as permitted in section 4.0113 of this ordinance.

4.0202 Conditionally permitted uses requiring board of adjustment authorization. The following uses are special exceptions and require written approval of the board of adjustment; Bed and breakfast establishments; churches and other places of worship; parish houses; public libraries; schools offering general education curses; public parks, and non-commercial public recreational facilities; public utilities; funeral homes cemeteries, nursing homes; hospital for human care; philanthropic institutions and clubs, except a club the chief activity of which is customarily carried on as a business; minor childcare facility according to the standards set forth in this section. The board of adjustment may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which it feels are necessary to preserve and protect the character of the district in which the proposed use would locate.

(A)

Minor childcare facilities allowed hereunder shall be determined by the board of adjustment on a case-by-case basis according to criteria adopted by the board of adjustment but subject to the following minimum standards:

1.

The outside play area for any facility shall be fenced.

2.

Signs advertising the facility are prohibited.

3.

The facility must be licensed by the state for home based childcare facilities.

4.0203 Accessory uses: Accessory buildings and uses shall be permitted only as customarily incidental to any of the permitted and conditionally permitted uses listed above.

4.0204 Height regulations: No principal structure shall exceed three stories or 36 feet in height.

4.0205 Lot area frontage and yard requirements: Minimum required lot area within an R-1 district shall be 12,000 square feet.

(A)

All buildings, except unattached buildings of accessory use, shall have the following minimum yard spaces:

(B)

The minimum width of side yards along intersection streets shall be the same as the front yard setback required for the residential zone on such side street.

(C)

The minimum lot frontage on a public street shall be 40 feet.

[4.202, 4.203. Reserved.]

4.204 Prohibited uses and structures.

(a)

Retail establishments, personal service establishments, business service establishments, professional offices and services, service repair establishments, and manufacturing uses except as specifically permitted above.

(b)

All uses not specifically or provisionally permitted herein; and any use not in keeping with the single-family residential character of the districts, including two-family and multiple-family dwellings, townhouses, and manufactured or mobile home parks or dwellings.

4.205 General minimum and maximum requirements: (see note 1 below)

1.

Enclosed garage required, one per unit.

4.206 Minimum yard requirements. (see note 1 below).

1.

Corner lots and lots with multiple street fronts shall consider each street front as a front yard and the remaining yards as side yards.

(Ord. No. 5-92, § II, 3-9-92; Ord. No. 3-94, § 5, 4-11-94; Ord. No. 3-00 § 2, 4-10-00; Ord. No. 7-15, §§ 1, 2, 11-9-15)

Section 4.03. R-2 One-, Two-, and Multi-Family Dwelling District.

District and Intent. The provisions of this district are intended to apply to an area of low, and medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect low, medium, and high density residential development, and yet maintain an adequate amount of open space for such development. Some non-residential uses compatible with the character of the district may also be allowed through permitted accessory uses or acceptable conditional uses.

4.0301 Principal permitted uses: Single one, two, and multi-family dwellings, attached townhouses, and planned residential development projects as permitted in section 4.0113 of this ordinance all of which are low or medium density.

4.0302 Conditionally permitted uses requiring board of adjustment authorization:

(A)

The following uses are special exceptions and require written approval of the board of adjustment; bed and breakfast establishments; churches and other places of worship; parish houses; public libraries; schools offering general education curses; public parks, and non-commercial public recreational facilities; public utilities; funeral homes cemeteries, nursing homes; hospital for human care; philanthropic institutions and clubs, except a club the chief activity of which is customarily carried on as a business; minor childcare facility according to the standards set forth in this section. The board of adjustment may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which it feels are necessary to preserve and protect the character of the district in which the proposed use would locate.

(B)

Other uses within an R-2 district may include the office or studio in the residence of a physician, dentist, artist, lawyer, engineer, teacher (with musical instruction limited to one pupil at a time), architect, realtor and insurance agent, provided that not more than one-half of the area of one floor or dwelling is devoted to such accessory use, and that not more than one person not a resident on the premises is employed, and that no such use shall require structural alterations or involve construction features not customary in dwellings. An indirectly lighted name plate, not over one square foot in area, attached flat against the building shall be permitted.

(C)

Reserved.

(D)

The board of adjustment may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which the proposed use would be located.

[E]

Minor childcare facilities allowed hereunder shall be determined by the board of adjustment on a case-by-case basis according to criteria adopted by the board of adjustment but subject to the following minimum standards:

a.

The outside play area for any facility shall be fenced.

b.

Signs advertising the facility are prohibited.

c.

The facility must be licensed by the State of Kentucky for home based childcare facilities.

(Ord. No. 5-92, § II, 3-9-92; Ord. No. 3-00 § 3, 4-10-00; Ord. No. 1-16, § 1, 2-8-16; Ord. No. 31-16, § 1, 9-12-16)

4.0303 Accessory buildings and uses: Accessory buildings and uses shall be permitted only as customarily incidental to any of the permitted and conditionally permitted uses listed above.

4.0304 Height requirements: No principal structure shall exceed three stories or 36 feet in height.

4.0305 Lot area, frontage and yard requirements:

(A)

Minimum required lot area within a R-2 district shall be 7,500 square feet for single family dwellings, and 7,500 feet for the first family when dwelling is for multi-family use, plus 2,500 square feet for each additional family.

(B)

Minimum required lot width at building lines shall be as follows:

Single-family dwellings 75 feet

Multi-family dwellings 100 feet

(C)

All buildings, except unattached buildings of accessory use, shall have the following minimum yard spaces:

Rear depth 25 feet from center of the street right of way

Side width 10 feet (each side)

Front depth 50 feet from center of the street right of way

(D)

The minimum width of side yards along intersecting streets shall be the same as the front yard setback required for the residential zone on such side street.

(E)

The minimum lot frontage on a public street shall be at least 40 feet.

4.0305 [4.0306] Prohibited uses and structures.

(a)

Retail establishments, personal service establishments, business service establishments, professional offices and services, service repair establishments except as specifically permitted herein or as allowed as conditional uses above;

(b)

All uses not specifically or provisionally permitted herein; and any use not in keeping with the residential character of the district.

4.0306 [4.0307] General minimum and maximum requirements. (Also see notes 1, 2, below)

1.

One enclosed garage required per single or two-family unit.

2.

Maximum building length 200 feet.

4.206 [4.0308] Minimum yard requirements. (Also see notes 1, 2, & 3 below)

1.

When multi-family developments abut single or two-family developments or single family zoning districts then the applicable yard along the common property line shall be increased by ten feet for each ten feet of building height or fraction thereof over 20 ft.

2.

In multi-family structures and other attached structures there shall be a minimum distance of 20 feet between structures.

3.

Corner lots and lots with multiple street fronts shall consider each street front as a front yard and the remaining yards as side yards.

(Ord. No. 3-94, § 6, 4-11-94)

Sec. 4.0307—Sec. 4.0309. Reserved. [Sec. 4.0309. Reserved.]

Section 4.0310. R-3 Multi-Family Dwelling District.

District and intent. The provisions of this district are intended to apply to areas of medium and high density residential development where infrastructure and commercial support facilities are in place to accommodate the increased density. Residential housing types and other permitted uses are restricted from the district in order to reduce conflicts between incompatible land uses and to promote homogeneous uses in a more intense setting. Lot sizes and other restrictions are intended to promote and protect the medium and high density residential development, and yet maintain an adequate amount of open space for human habitation. Accessory use compatible with the character of the district may also be allowed.

4.0311 Principal permitted uses: Multi-family dwellings as planned residential development projects as provided for in section 4.0113 of this ordinance.

4.0312 Conditionally permitted uses requiring board of adjustment authorization:

[A]

Minor child care facilities-subject to the standards below in addition to any other standards the board may place upon the applicant based on the specifics of the site:

(1)

The facility shall be limited to six or fewer children, plus a maximum of four children related to the provider in a 24-hour period.

(2)

The outside play area shall be fenced.

(3)

Signs advertising the business are prohibited.

(4)

The facility must comply with standards established by the Kentucky Department of Families and Children.

(5)

Facilities which care for four or more children must be city licensed.

(Ord. No. 3-00 § 3, 4-10-00)

4.0313 Accessory buildings and uses: Accessory buildings and uses shall be permitted only as customarily incidental to any of the permitted and conditionally permitted uses listed above.

4.0314 Prohibited uses and structures.

(a)

Retail establishments, personal service establishments, business service establishments, professional offices and services, service repair establishments except as specifically permitted.

(b)

All uses not specifically or provisionally permitted herein; and any use not in keeping with the residential character of the district.

Sec. 4.0315 General minimum and maximum requirements. (Also see note 1 below)

Note 1. Maximum building length 200 feet.

Section 4.0316 Minimum yard requirements. (Also see notes 1, 2, & 3 below)

1.

When multi-family developments abut single or two-family developments or single family zoning districts then the applicable yard along the common property line shall be increased by ten feet for each ten feet of building height or fraction thereof over 20 feet.

2.

In multi-family structures and other attached structures there shall be a minimum distance of 20 feet between structures.

3.

Corner lots and lots with multiple street fronts shall consider each street front as a front yard and the remaining yards as side yards.

(Ord. No. 3-94, §§ 6, 7, 4-11-94)

4.0401 Principal permitted uses; prohibited uses:

(a)

Any convenience-type retail business or service establishment such as follows: Groceries, drugstores, shoe repair shops, hardware stores, automobile sales and service, garages for motor vehicle repair in an enclosed building, banks and finance companies, motels, restaurants, self-service laundries, filling stations, theaters, places of amusement and assembly, car washes and antique shops. Any other retail business or service establishment which is determined by the board of adjustment to be of the same general character as the above-mentioned uses. Planned commercial development projects are permitted when requirements of section 4.0114 of this ordinance are satisfied.

(b)

Any retail or wholesale business or service (except warehouse), including the making of articles to be sold at retail on the premises; manufacturing, incidental to a retail business or service where the products are sold principally on the premises by the producer to the consumer and where not more than five persons are employed in such manufacturing; provided further, however, that the following uses shall not be permitted: Auto wrecking; coal yards; dairy; electric welding; gasoline, oil or alcohol storage above ground in excess of 500 gallons; grist or flour mill; junk, scrap, rag or paper storage; bailing; machine shop; slaughter house or stock yard; sheet metal works; or any other use which in the opinion of the board of adjustment would be injurious because of offensive fumes, odors, noises, dust, vibrations, or other objectionable features, or hazardous to the community on account of danger of fire or explosion, even when conducted under safeguards.

(c)

Mobile homes may be used as office space in a B-1 zone (Highway Commercial) with a minimum [lot area] of 400 square feet, the wheels and mobile parts must be removed, the unit must be set on a permanent, fixed foundation (footing poured eight inches deep and 16 inches wide with concrete blocks under unit), and all plumbing, gas fixtures, and electrical wiring must be approved.

(d)

Child care facilities.

(e)

Cannabis dispensary (must meet all of the following conditions)

(i)

Shall not be located within 1,000 feet of any and all existing elementary or secondary school(s) or daycare center(s);

(ii)

Shall not be located within one mile of another cannabis dispensary as measured from the property line;

(iii)

Shall not be placed next to any residential structure;

(iv)

Exterior signage may only, at most, include text that is the licensee's (1) business or trade name; (2) location and contact information; and (3) business type. Exterior signage cannot include a licensee's logo, symbol, branded colors or any images, including, but not limited to, depicting cannabis/cannabis products or the imagery or action of smoking/vaping. Exterior signs also cannot include mottos, selling messages, or any other non-essential text. Exterior signs must be on the same parcel as the store and affixed to a building or permanent structure (e.g., signpost). Exterior signage cannot be larger than necessary to reasonably display the information on the sign to individuals within or near the licensed premises and cannot be illuminated by neon lights.

(Ord. No. 14-85, § 2, 1-13-86; Ord. No. 21-90, § III, 1-14-91; Ord. No. 3-00 § 4, 4-10-00; Ord. No. 14-24, § 1(Exh. A), 8-12-24)

4.0402 Conditionally permitted uses requiring board of adjustment authorization: The following uses are special exceptions and require written approval of the board of adjustment: mini-storage facilities, bed and breakfast establishments; churches and other places of worship; public libraries; schools offering general education courses; public parks; noncommercial public recreational facilities; public utilities; funeral homes; cemeteries; nursing homes; hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is customarily carried on as a business; wireless communication facility; package alcohol retail stores, and taverns; outdoor retail sales of produce, plants and flowers; veterinary clinics, with kennels and related facilities.

Residential uses are acceptable provided the following conditions are met:

(a)

The residential unit shall meet the Building Code and Fire Safety Requirements for the State of Kentucky.

(b)

Plans shall be required to be stamped, signed, and sealed by an architect or engineer property licensed in the State of Kentucky. Exceptions may be made to this requirement by the administrator on a case-by-case basis if plans comply with paragraph (a) above, and are otherwise correct, neat, accurate, readable, and meet standards.

(c)

Residential units shall be required to have an entrance to exterior of building and not only through the adjoining business.

(d)

The minimum square footage shall be 500 square feet for an efficiency and 100 additional square feet for first bedroom and each additional bedroom thereafter. Less square footage may be considered if a staffed common dining facility is provided.

(e)

All units shall have a separate enclosed full bathroom (bathing area, toilet, sink) and a separate kitchen area of with a stove, sink, and refrigerator. The kitchen area square footage requirement may in situations similar to what is listed in paragraph (d) above.

(f)

All windows will have a neat uniform window treatment. Outdoor displays and storage (i.e., clothes lines, grills, and other misc. storage) are prohibited on public streets and shall be required to be opaquely screened when not on a public street but still visible from a public street.

(g)

The entire site will be evaluated at the time a conditional use is requested for any potential parking that could be placed on the site for the apartment(s). The applicant will be required to improve the parking as well as access to it as a condition of approval.

The board may attach conditions to the approval of a conditional use which it feels are necessary to preserve and protect the character of the district.

(Ord. No. 5-92, § II, 3-9-92; Ord. No. 19-96, § 2, 9-9-96; Ord. No. 6-00, 7-20-00; Ord. No. 25-16, § 1, 8-8-16; Ord. No. 10-17, § 1, 4-10-17; Ord. No. 12-17, § 1, 4-10-17; Ord. No. 7-21, 12-20-21)

4.0403 Accessory uses or buildings: Any accessory use or building customarily incidental to the above permitted uses is permitted.

4.0404 Required conditions:

(a)

Screening: Where a side lot is shared-with an adjoining residential lot, a well maintained compact hedge, a solid fence or similar solid screening device at least six feet in height shall be installed to screen the business use from the adjoining residential use if required by the board of zoning adjustment. The screen shall begin at the front building line and extend along the common side lot line to the rear property line.

(b)

Access to highways and streets: In all commercial zones, points of access to highways and streets shall be controlled by the planning commission. Before any building permit for any structure in a B-1 zone may be issued, the prospective builder or operator of the proposed B-1 activity shall submit a sketch of the layout and design of the proposed structure and/or use and its access points to the highway and/or street to the planning commission. The planning commission shall require that when two or more commercial establishments adjoin along one side of any street or highway that they share access points to the street. When four or more consumer commercial establishments adjoin along any highway or street, a road parallel to the street shall be built, at the expense of all adjoining consumer commercial establish-ments on the same side of the street or highway. This road shall have access to the highway or street at no more than two points for every four consumer commercial establishments.

4.0405 Height requirements: No building shall exceed three stories or 36 feet in height.

4.0406 Lot area, frontage and yard requirements: The following minimum required lot area, frontage and yard area are required:

All buildings on corner lots adjoining a residential district shall be located so as to conform with corner lot side yard requirements of said residential districts.

(Ord. No. 15-95, § 1, 9-11-95)

4.0407 Reserved.

(Ord. No. 20-94, § 1, 2-12-95)

4.0501 Principal permitted uses; prohibited uses: Any convenience-type retail business or service establishment such as follows: Child care facilities, groceries, drugstores, barber and beauty shops, restaurants, self-service laundries, and any other retail business or service establishment which is determined by the board of adjustment to be of the same general character as the above mentioned uses, provided further, however, that the following uses (as well as those stipulated in section 4.0401 as "not permitted") are not permitted in a B-2 district: hardware stores; clothing shops; automobile sales and service; banks and finance companies; garages for motor vehicle repair within an enclosed building; motels; filling stations; places of assembly; car washes, or any other such establishment the board of adjustment determines to be harmful to the community.

(Ord. No. 3-00 § 4, 4-10-00)

4.0502 Conditionally permitted uses requiring board of adjustment authorization: The following uses are special exceptions and require written approval of the board of adjustment: Bed and breakfast establishments; churches and other places of worship, parish homes; public libraries; schools offering general education courses; public parks; and noncommercial public recreational facilities; public utilities; funeral homes; cemeteries; nursing homes; hospitals for human care; philanthropic institutions and clubs, except a club the chief activity of which is customarily carried on as a business; wireless communication facility. Planned commercial development projects may be permitted when the requirements of section 4.0114 of this ordinance are satisfied.

Residential uses are acceptable provided the following conditions are met:

(a)

The residential unit shall meet the Building Code and Fire Safety Requirements for the State of Kentucky.

(b)

Plans shall be required to be stamped, signed, and sealed by an architect or engineer properly licenses in the State of Kentucky. Exceptions may be made to this requirement by the administrator on a case-by-case basis if plans comply with paragraph (a) above, and are otherwise correct, neat, accurate, readable, and meet standards.

(c)

Residential units shall be required to have an entrance to the exterior of the building and not only through the adjoining business.

(d)

The minimum square footage shall be 500 square feet for an efficiency and 100 additional square feet for first bedroom and each additional bedroom thereafter. Less square footage may be considered if a staffed common dining facility is provided.

(e)

All units shall have a separate enclosed full bathroom (bathing area, toilet, sink) and a separate kitchen area with a stove, sink, and refrigerator. The kitchen area square footage requirement may in situations similar to what is listed in paragraph (d) above.

(f)

All windows will have a neat uniform window treatment. Outdoor displays and storage (i.e., clothes lines, grills, and other misc. storage) are prohibited on public streets and shall be required to be opaquely screened when not on a public street but still visible from a public street.

(g)

The entire site will be evaluated at the time a conditional use is requested for any potential parking that could be placed on the site for the apartment(s). The applicant will be required to improve the parking as well as access to it as a condition of approval.

The board of adjustment may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which the proposed use would locate.

(Ord. No. 5-92, § II, 3-9-92; Ord. No. 6-00, 7-20-00; Ord. No. 8-21, 12-20-21)

4.0503 Accessory uses: Any accessory use or building customarily incidental to the above permitted uses is permitted.

4.0504 Required conditions:

(a)

Screening: Where a side lot line is shared with an adjoining residential lot, a well-maintained compact hedge, a solid fence or similar solid screening device at least six feet in height shall be installed to screen the business use from the adjoining lot in the residential district if required by the board of adjustment. The screen shall begin at the front building line and extend along the common side lot line to the rear property line.

(b)

Access to highways and streets: In all commercial zones, points of access to highways and streets shall be controlled by the planning commission. Before any building permit for any structure in a B-2 zone may be issued the prospective builder or operator of the proposed B-2 activity shall submit a sketch of the layout and design of the proposed structure and/or use and its access points to the highway and/or street to the planning commission. The planning commission shall require that when two or more consumer commercial establishments adjoin along one side of any street or highway that they share access points to the street. When more than four consumer commercial establishments adjoin along any highway or street, a road parallel to the highway or street shall be built, at the expense of all adjoining consumer commercial establishments, to provide service to all consumer commercial establishments on the same side of the street or highway. This road shall have access to the highway or street at no more than two points for every four consumer commercial establishments.

4.0505 Height requirements: No buildings shall exceed three stories or 36 feet in height.

4.0506 Lot area, frontage and yard requirements:

(a)

The following minimum required lot area, frontage and yard area shall apply within a neighborhood business zone:

(b)

All buildings on corner lots adjoining a residential district shall be located so as to conform with corner lot side yard requirements of said residential district.

4.0507 Reserved.

(Ord. No. 20-94, § 1, 2-12-95)

4.0511 Principal permitted uses: Any professional occupation where only services are provided and minor products sold that would relate to services such as dentists, lawyers, insurance sales, barbers, beauticians, real estate, accountants, child care facilities and any other service occupation which is determined by the board of adjustment to be of the same character as above mentioned uses.

(Ord. No. 23-90, § III, 1-14-91; Ord. No. 3-00, § 4, 4-10-00)

4.0512 Conditionally permitted uses requiring board of adjustment authorization: The following uses are special exceptions and would require the written approval of the board of adjustment: Bed and breakfast establishments; churches and other places of worship, parish homes, public libraries; schools offering general education courses; public parks; and noncommercial public recreational facilities; public utilities; funeral homes; cemeteries; nurses' homes; nursing homes; hospitals for human care, philanthropic institutions and clubs, except a club which the chief activity is customarily carried on as a business; wireless communication facility.

(Ord. No. 23-90, § III, 1-14-91; Ord. No. 5-92, § II, 3-9-92; Ord. No. 6-00, 7-20-00)

4.0513 Required conditions: Screening: where a side lot line is shared with an adjoining residential lot, a well-maintained compact hedge, a solid fence or similar solid screening device at least six feet in height shall be installed to screen the business use from the adjoining lot in the residential district if required by the board of adjustment. The screen shall begin at the front building line and extend along the common side lot line to the rear property line.

Access to highways and streets shall be controlled by the planning commission. There shall be adequate parking for the number of employees and the expected volume of traffic, to be no less than four parking spaces. Parking and/or driveways will be allowed to extend on to the minimum feet [street] side and rear yard requirements from the building. Before any building permit for any structure in a P-1 zone may be issued the prospective builder or operator of the proposed P-1 activity shall submit a sketch of the layout and design of the proposed structure and/or use and its access point to the highway and/or street to the planning commission. The planning commission shall require that when two or more establishments in a planned development adjoin along one side of any street or highway that they share access points to the street.

(Ord. No. 23-90, § III, 1-14-91)

4.0514 Height requirements: No buildings shall exceed three stories or 36 feet in height.

(Ord. No. 23-90, § III, 1-14-91)

4.0515 Lot area, frontage and yard requirements: The following minimum required lot area, frontage and yard area, shall apply within a professional business zone:

All buildings on corner lots adjoining a residential district shall be located so as to conform with corner lot side yard requirements of said residential district.

(Ord. No. 23.90, § III, 1-14-91)

4.0516 Reserved.

(Ord. No. 23-90, § III, 1-14-91; Ord. No. 20-94, § 1, 2-12-95)

4.0601 Principal permitted uses; prohibited uses:

(a)

Any consumer and personal service establishments such as follows: Shoe repair shops, drugstores, hardware stores, barber and beauty shops, clothing stores, banks and other financial institutions, hotels, office buildings, walk-in restaurants, poolrooms, gift shops and variety stores, printing shops, jewelry stores, mail-order houses, radio and television studios, health centers, public buildings, and child care facilities.

(b)

Dry cleaning establishments are permitted, provided that establishment meet all five code requirements; have installed venting which assures dispersion of all obnoxious fumes and odors at least 25 feet above the street level or five feet above the roof level of the highest adjoining building, whichever is the higher; use only nonflammable solvents as specified by the Underwriters Laboratory, Incorporated; receive and disburse merchandise for processing on the premises; and provide at least three parking spaces for customers.

(c)

Planned commercial development projects are permitted when the requirements of section 4.0114 of this ordinance are satisfied.

(d)

Cannabis dispensary (must meet all of the following conditions)

(i)

Shall not be located within 1,000 feet of any and all existing elementary or secondary school(s) or daycare center(s);

(ii)

Shall not be located within one mile of another cannabis dispensary as measured from the property line;

(iii)

Shall not be placed next to any residential structure;

(iv)

Exterior signage may only, at most, include text that is the licensee's (1) business or trade name; (2) location and contact information; and (3) business type. Exterior signage cannot include a licensee's logo, symbol, branded colors or any images, including, but not limited to, depicting cannabis/cannabis products or the imagery or action of smoking/vaping. Exterior signs also cannot include mottos, selling messages, or any other non-essential text. Exterior signs must be on the same parcel as the store and affixed to a building or permanent structure (e.g., signpost). Exterior signage cannot be larger than necessary to reasonably display the information on the sign to individuals within or near the licensed premises and cannot be illuminated by neon lights.

(e)

In no case shall the following uses be permitted within the Central Business District: Farm implement sales, trailer sales, automobile sales and service, drive-in theaters, or any other similar uses which the board of adjustment determines to be detrimental to the district as a pedestrian-oriented retail consumer-service center.

(Ord. No. 13-97, § 2, 9-8-97; Ord. No. 3-00 § 4, 4-10-00; Ord. No. 14-24, § 1(Exh. A), 8-12-24)

4.0602 Conditionally permitted uses requiring board of adjustment approval:

1.

Bed and breakfast establishments;

2.

Drive-up and drive-thru facilities.

3.

Places of worship, parish houses, public libraries, and passive recreation and/or park areas;

4.

Funeral homes; and clinics.

5.

Residential Uses provided the following conditions are met:

a.

The residential unit shall meet the Building Code and Fire Safety Requirements for the State of Kentucky.

b.

Plans shall be required to be stamped, signed, and sealed by an architect or engineer properly licensed in the State of Kentucky. Exceptions may be made to this requirement by the administrator on a case by case basis if plans comply with para 1 above, and are otherwise correct, neat, accurate, readable, and meet standards.

c.

Residential units shall be prohibited from being on the first floor or below the first floor of a structure.

d.

The minimum square footage shall be 500 square feet for an efficiency and 100 additional square feet for first bedroom and each additional bedroom thereafter. Less square footage may be considered if a staffed common dining facility is provided.

e.

All units shall have a separate enclosed full bathroom (bathing area, toilet, sink) and a separate kitchen area of with a stove, sink, and refrigerator. The kitchen area requirement may in situations similar to what is listed in paragraph d. above.

f.

All windows will have a neat uniform window treatment. Outdoor displays and storage (i.e. clotheslines, grills, and other misc. storage) are prohibited on public streets and shall be required to be opaquely screened when not on a public street but still visible from a public street.

g.

The entire site will be evaluated at the time a conditional use is requested for any potential parking that could be placed on the site for the apartment(s). The applicant will be required to improve the parking as well as access to it as a condition of approval.

6.

Wireless communication facility.

7.

Package alcohol retail stores; taverns.

The board may attach conditions to the approval of a conditional use which it feels are necessary to preserve and protect the character or [of] the district.

(Ord. No. 5-92, § II, 3-9-92; Ord. No. 3-95, § 2, 4-10-95; Ord. No. 6-95, § 2, 9-11-95; Ord. No. 13-97, § 2, 9-8-97; Ord. No. 6-00, 7-20-00; Ord. No. 25-16, § 1, 8-8-16)

4.0603 Accessory uses or buildings: Any accessory use or building customarily incidental to the above permitted uses.

4.0604 Required conditions: All permitted and conditionally permitted uses within the Central Business District shall be conducted wholly within an enclosed building except for off-street parking and loading facilities.

4.0605 Height regulations: No buildings shall exceed five stories or 60 feet in height.

4.0606 Lot area, frontage and yard requirements: None.

4.0607 Reserved.

(Ord. No. 20-94, § 1, 2-12-95)

Editor's note— Ord. No. 14-24, § 1(Exh. A), adopted Aug. 12, 2024, amended § 4.06 and in doing so changed the title of said section from "Central Business District (B-1)" to "Central Business District (B-3)," as set out herein.

An Historic Overlay District is hereby created to include each parcel and/or building abutting or facing the court square, as well as each parcel and/or building abutting or facing Broadway between the centerline of 5th Street and the centerline of 8th Street.

Each building permit for new construction within the said overlay district shall be reviewed and approved by the planning commission and the planning commission must decide on approval or disapproval within 45 days of the date of application. The person(s) seeking the building permit may appeal to the city council.

The planning commission shall ensure that the plans submitted are in keeping with the historical intent and character of the B-3 (Central Business District) and shall carefully consider the following design considerations:

(A)

Pole barn type construction is not allowed.

(B)

Buildings with significant amounts of vinyl siding are not allowed.

(C)

Building facades shall be primarily brick and shall be of the same architectural appearance as the historical buildings now located in downtown (1880s Victorian - 1920s Art Deco era).

(D)

Deviations from existing setbacks are discouraged. The intent of the district is to serve pedestrians.

(E)

Exterior lighting should be of a historic nature and appearance and should blend in with public lighting already present. Wall illuminating lighting is encouraged.

(F)

All signs should be attached flatly to the building or should be of historic projection type design. Pylon free standing signs are not allowed.

(G)

Awnings and display windows are encouraged.

(Ord. No. 3-08, § 1, 3-3-08)

4.0701 Permitted uses: Accessory uses and buildings that are subordinate, customary and incidental to the permitted primary uses. Any accessory structure shall meet site and other requirements of this zone.

(1)

Assembly of finished or semi-finished materials.

(2)

Bakeries.

(3)

Book binding.

(4)

Bottling works.

(5)

Building material sales yards.

(6)

Cabinet making.

(7)

Confectionery.

(8)

Contractor's office and accessory storage yards including the storage of general construction equipment.

(9)

Commercial/industrial dry cleaning.

(10)

Greenhouses, wholesale.

(11)

Ice plants.

(12)

Laboratories including Medical Cannabis Safety Compliance facility

(13)

Laundries, commercial.

(14)

Manufacturing of precision instruments, bicycles, business machines, brooms and brushes, cameras and photo equipment, ceramic products, clothing, condensed and powdered milk products, electronics, small appliances, film, furniture, hemp and jute products, jewelry, medical appliances, musical instruments, optical goods, and pharmaceutical products.

(15)

Metal fabrication and assembly.

(16)

Millwork and woodworking.

(17)

Office uses resulting from information processing, industrial training, engineering, drafting or graphic arts service and computer hardware or software development.

(18)

Plastic molding.

(19)

Plating, electrolytic.

(20)

Printing or publishing.

(21)

Recycling collection facility.

(22)

Retail sale of any commodity designed and manufactured in this zone.

(23)

Storage facilities and warehousing, including self-storage facilities.

(24)

Tool gauge and machine shops.

(25)

Truck stop and truck terminal.

(26)

Consumer fireworks, retail sales, storage, and related supplies in accordance with requirements of an ordinance relating to fireworks adopted by the city, and in accordance with the National Fire Protection Association (NFPA 1124).

(27)

Cannabis cultivator.

(28)

Cannabis processor.

(29)

Cannabis producer.

(Ord. No. 3-00 § 4, 4-10-00; Ord. No. 14-24, § 1(Exh. A), 8-12-24)

4.0702 Conditionally permitted uses requiring board of adjustment authorization: Any industrial, manufacturing, fabrication or processing uses which the board of adjustment determines would not emit obnoxious noise, vibration, smoke, odor, or dust beyond the confines of its property; bed and breakfast establishments, wireless communication facility.

(Ord. No. 5-92, § II, 3-9-92; Ord. No. 6-00, 7-20-00)

4.0703 Accessory uses or buildings: Any accessory, use or building customarily incidental to the above permitted and conditionally permitted uses.

4.0704 Required conditions:

(a)

On lots adjacent to a residential zone, all buildings shall be located so as to provide a minimum side yard of 50 feet.

(b)

Loading docks: No loading dock shall be constructed fronting on any public street or roadway.

(c)

Storage facilities: No materials or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon without proper screening and adequate distances from adjoining properties.

(d)

Waste disposal. No waste material or refuse shall be dumped upon or permitted to remain upon any part of an industrial park outside of buildings constructed thereon.

In addition, the property shall not be used by an industry whose primary business requires industrial sewerage, unless the governing body authorizes the use of its sewage disposal facilities or said industry constructs its own sewage disposal plant.

4.0705 Height requirements: No building shall exceed three stories or 36 feet in height.

4.0706 Lot area, frontage and yard requirements: The following minimum required lot area, frontage and yards shall apply within a light industrial zone:

No yard will be required for that part of a lot which abuts a railroad siding.

All buildings on corner lots adjoining a residential district shall be located so as to conform with corner lot side yard requirements of said residential district.

4.0707 Reserved.

(Ord. No. 20-94, § 1, 2-12-95)

4.0801 Principal permitted uses: Any use permitted in the I-1, Light Industrial District; agricultural implement manufacture; airplane repair and manufacture; aluminum manufacture; equipment manufacture; barrel manufacture; bicycle manufacture; boat manufacture; can manufacture; candle manufacture; cast iron, pipe manufacture; casting foundry; celluloid manufacture; concrete plant; corrugated metal manufacture; culvert pipe manufacture; engine manufacture; fixture manufacture; furnace manufacture; furniture manufacture; hardware manufacture; iron (ornamental) works; linoleum manufacture; locomotive manufacture; machine shop; metal products manufacture; motorcycle manufacture; shoe manufacture; structural iron and steel manufacture; tobacco manufacture; tool manufacture; wire manufacture; and public water and sewer treatment facilities.

4.0802 Conditionally permitted uses requiring board of adjustment authorization: The following uses are special exceptions and require written approval of the board of adjustment:

(a)

Abattoirs; acid manufacture; acetylene gas manufacture; ammonia manufacture; asphalt manufacture, refining or storage; blast furnace; brick kiln; charcoal manufacture and pulverizing chemical manufacture; creosote treatment and manufacture; exterminator or insect poison manufacture; fat rendering; fertilizer manufacture; flour and grain milling; gasoline storage; junkyards; leather curing and tanning; lime manufacture; monument works; plaster of paris manufacture; quarry works; refuse dump; rock crushing; salvage storage yard; sawmill; scrap iron storage yard; stock-yards; sulphur, sulphuric acid, or derivatives manufacture; tar distillation or manufacture; terra cotta manufacture; wrecking material yard; and coal washing, storage and transfer yards and facilities.

(b)

Any other industrial, manufacturing, fabrication or processing uses which the board of adjustment determines to be nondetrimental to surrounding properties or possess other characteristics that would be a nuisance to the residents of the city.

(c)

Bed and breakfast establishments.

(Ord. No. 5-92, § II, 3-9-92)

4.0803 Accessory uses: Any accessory use or building customarily incidental to the above permitted and conditionally permitted uses.

4.0804 Required conditions: Junkyards, salvage yards and scrap iron yards shall be enclosed by an acceptable fence, wall or other screening not less than six feet in height. The board of adjustment shall determine the acceptability of said screening.

4.0805 Height requirements: No building shall exceed three stories or 36 feet in height.

4.0806 Lot area, frontage and yard requirements: The following minimum required lot area, frontage and yard area shall apply within a heavy industrial zone:

4.0807 Reserved.

(Ord. No. 20-94, § 1, 2-12-95)

District and intent. The provisions of this district are intended to apply to areas which can serve the needs of the community for public facilities of a governmental, educational, recreational, or cultural nature. Since the site and building requirements for such uses vary with the size and type of use, a review and approval of the plans is specified and the zoning itself is predicated upon the approval site plan meeting the standards for a planned commercial development. Accessory uses compatible with the character of the district may also be allowed.

4.0901 Principal permitted uses:

(a)

Public buildings and activities, auditoriums, governmental offices and uses of a similar nature.

(b)

Educational institutions including but not limited to primary and secondary schools, junior colleges, colleges, and universities.

(c)

Cultural institution including but not limited to museums, libraries, community centers, and cemeteries.

(d)

Recreation uses including but not limited to public open spaces, parks, playgrounds.

(e)

Major public utility facilities—Large electric substations, water plants, sewer plants, landfills.

4.0902. Conditionally permitted uses requiring board of adjustment authorization: None.

4.0903. Accessory buildings and uses:

(a)

Recreational structures such as pavilions, playground equipment, stands, and student centers.

(b)

Accessory buildings and uses shall be permitted only as customarily incidental to any of the permitted and conditionally permitted uses listed above.

4.0904 Prohibited uses and structures.

(a)

Any use which is not providing a non-commercial public service and which is not specifically or provisionally listed above.

(b)

All uses not specifically or provisionally permitted herein; and any use not in keeping with the residential character of the district.

4.0905 General minimum and maximum requirements. (Also see notes 1, 2 & 3 below)

4.0906 Minimum yard requirements. (Also see notes 1, 2 & 3 below)

Front, side, and rear yard 25 ft.

1.

When developments in this district abut single or two-family developments or single family zoning districts then the applicable yard along the common property line shall be increased by ten feet for each ten feet of building height or fraction thereof over 20 feet.

2.

Where multiple main structures are proposed there shall be a minimum distance of 20 feet between structures.

3.

Corner lots and lots with multiple street fronts shall consider each street front as a front yard and the remaining yards as side yards.

4.1000 Existing towers or facilities. Owners of existing towers or facilities used for the purpose of wireless communications shall seek an application from the Mayfield Planning Commission if they intend to extend the height of an existing tower or antenna by more than 25 percent of the original height. The planning commission shall schedule a public hearing concerning the proposed extension at a scheduled business meeting and shall vote on approval or denial of the application.

(Ord. No. 3-94, § 8, 4-11-94; Ord. No. 6-00, 7-20-00)

District and intent. The provisions of this district are intended to apply to an area of low, and medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect low, medium, and high density residential development, and yet maintain an adequate amount of open space for such development. Some non-residential uses compatible with the character of the district may also be allowed through permitted accessory uses or acceptable conditional uses.

4.1001 Principal permitted uses: Single one-, two-, and multi-family dwellings, attached townhouses, and planned residential development projects as permitted in section 4.0113 of this ordinance all of which are low or medium density.

4.1002 Conditionally permitted uses requiring board of adjustment authorization:

(a)

The following uses are special exceptions and require written approval of the board of adjustment; bed and breakfast establishments; churches and other places of worship; parish houses; public libraries; schools offering general education curses; public parks, and non-commercial public recreational facilities; public utilities; funeral homes cemeteries, nursing homes; hospital for human care; philanthropic institutions and clubs, except a club the chief activity of which is customarily carried on as a business; minor childcare facility according to the standards set forth in this section. The board of adjustment may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which it feels are necessary to preserve and protect the character of the district in which the proposed use would locate.

(b)

Other uses within an R-4 district may include the office or studio in the residence of a physician, dentist, artist, lawyer, engineer, teacher (with musical instruction limited to one pupil at a time), architect, realtor and insurance agent, provided that not more than one-half of the area of one floor or dwelling is devoted to such accessory use, and that not more than one person not a resident on the premises is employed, and that no such use shall require structural alterations or involve construction features not customary in dwellings. An indirectly lighted name plate, not over one square foot in area, attached flat against the building shall be permitted.

(c)

Reserved.

(d)

The board of adjustment may attach certain conditions to its approval which it feels are necessary to preserve and protect the character of the district in which the proposed use would be located.

(e)

Minor childcare facilities allowed hereunder shall be determined by the board of adjustment on a case-by-case basis according to criteria adopted by the board of adjustment but subject to the following minimum standards:

(1)

The outside play area for any facility shall be fenced.

(2)

Signs advertising the facility are prohibited.

(3)

The facility must be licensed by the State of Kentucky for home based childcare facilities.

4.1003 Accessory buildings and uses: Accessory buildings and uses shall be permitted only as customarily incidental to any of the permitted and conditionally permitted uses listed above.

4.1004 Height requirements: No principal structure shall exceed three stories or 36 feet in height.

4.1005 Lot area, frontage and yard requirements:

(a)

Minimum required lot area within a R-4 district shall be 5,000 square feet for single family dwellings, and 5,000 feet for the first family when dwelling is for multi-family use, plus 2,500 square feet for each additional family.

(b)

Minimum required lot width at building lines shall be as follows:

Single-family dwellings 50 feet

Multi-family dwellings 75 feet

(c)

All buildings, except unattached buildings of accessory use, shall have the following minimum yard spaces:

Rear depth 25 feet from center of the street right-of-way

Side width 10 feet (each side)

Front depth 25 feet from center of the street right-of-way

(d)

The minimum width of side yards along intersecting streets shall be the same as the front yard setback required for the residential zone on such side street.

(e)

The minimum lot frontage on a public street shall be at least 25 feet.

4.1005 [4.1006] Prohibited uses and structures.

(a)

Retail establishments, personal service establishments, business service establishments, professional offices and services, service repair establishments except as specifically permitted herein or as allowed as conditional uses above;

(b)

All uses not specifically or provisionally permitted herein; and any use not in keeping with the residential character of the district.

4.1006 [4.1007] General minimum and maximum requirements. (Also see notes 1, 2, below)

1. Maximum building length 200 feet.

4.1006 [4.1008] Minimum yard requirements. (Also see notes 1, 2, and 3 below)

1. When multi-family developments abut single or two-family developments or single-family zoning districts then the applicable yard along the common property line shall be increased by ten feet for each ten feet of building height or fraction thereof over 20 feet.

2. In multi-family structures and other attached structures there shall be a minimum distance of 20 feet between structures.

3. Corner lots and lots with multiple street fronts shall consider each street front as a front yard and the remaining yards as side yards.

(Ord. No. 3-22, 6-13-22)