Mayfield City Zoning Code
CHAPTER 1149
Administration and Enforcement
1149.01 ENFORCEMENT.
This Zoning Code shall be enforced by the Building Commissioner.
(Ord. 159. Passed 5-20-35.)
1149.02 CONDITIONAL USE PERMITS.
(a) Authority. Conditional use permits may be granted in accordance with the procedures and standards set out in this Section and after approval of the Planning and Zoning Commission and confirmation by resolution duly enacted by Council. Conditional use permits may authorize the development of uses identified in Sections 1153.02(e) (Class U-5 uses) in any Local
Business District, uses identified under Section 1153.02(f) (Class U-6 uses) and uses that are not expressly permitted to be located in any other use district of the Zoning Code, and subject to specified conditions.
(b) Purpose. Conditional uses are those uses having some special impact or uniqueness that requires a careful review of the location, design, configuration, and impact to determine, against the fixed standards set forth in Section 1149.02(h), Standards for Conditional Use Permits, the desirability of permitting the establishment of a conditional use on any given site. Conditional uses may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect and such other standards and factors established herein or by the Planning and Zoning Commission.
(c) Parties Entitled To Seek Conditional Use Permits. An application for a conditional use permit may be filed by any person, firm or corporation, or by any office, department, board, bureau, or commission which has a legal interest in the property in the form of an ownership, a lease, or a purchase agreement for the property for which the conditional use permit is requested. If the applicant is a lessor, the written approval, with signature, of the owner shall be required as
determined necessary by the Building Commissioner.
(d) Application for a Conditional Use Permit. An application for a conditional use permit shall be filed with the Building Commissioner on an official, prescribed form. The application shall be accompanied by the following plans, data or information, as applicable, unless determined otherwise by the Building Commissioner or designee:
(1) A statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in Section 1149.02(h), Standards for Conditional Use Permits. Such information should include, at a minimum, a description of the use, days and hours of operation, number of employees, the scope of proposed activities, and any other information requested by the Building Commissioner.
(3) A site plan of the proposed use identifying the location of all buildings, structures, pavement, open space, points of ingress/egress and parking layout for the subject property; existing buildings, structures and pavement on the abutting properties within one hundred (100) feet of the subject property line; and all property lines, rights-of-way, parcel numbers, easements, scale, north arrow and date shall also be clearly shown.
(4) The existing use and zoning of land within three hundred (300) feet of the subject property.
(5) If the subject property is contained in a multi-tenant building, the application should identify the proposed space to be occupied.
(6) Estimated traffic generation of the proposed use.
(7) Floor plans indicating the internal use of structures.
(8) An accurate legal description of the subject property.
(9) Other information, including a narrative description or product information as may be required by the Planning and Zoning Commission. At the time of application, the applicant has the option to include a landscape plan showing all proposed and existing landscaping, berming, buffering and screening; architectural elevations, and an exterior lighting plan indicating the location of all lighting fixtures. Such application shall be forwarded from the Building Commissioner to the Planning and Zoning Commission for review.
(e) Notice of Request and Public Hearing. No conditional use permit shall be considered by the Planning and Zoning Commission until reasonable advance notice of the request and the date and time of a Public Hearing before the Planning and Zoning Commission has been sent to all property owners within three hundred (300) feet of the subject property and all adjoining and facing property owners. However, failure of service on any individual property owner will not nullify any conditional use permit granted by the Planning and Zoning Commission.
(f) Action by Planning and Zoning Commission. After the conclusion of the public hearing, the Planning and Zoning Commission shall take action on the application for a conditional use permit and transmit its action to Council. The Planning and Zoning Commission may approve, approve with conditions, or deny the application for a conditional use permit. If the Planning and Zoning Commission approves the application, with or without conditions, the Commission shall transmit the application to Council for Council's confirmation. If the Planning and Zoning Commission denies the application, the application process ends. Disapproval of the application for a conditional use permit by the Planning and Zoning Commission shall include a statement of the reasons for the denial.
(g) Action by Council. Within a reasonable time after the receipt of the decision of the Planning and Zoning Commission approving or approving with conditions a conditional use permit, the Council either shall confirm the decision by resolution duly adopted with or without modifications or conditions, refer the application back to the Planning and Zoning Commission for further study, or deny the conditional use permit.
(h) Standards for Conditional Use Permits. The Planning and Zoning Commission or Council shall make a determination on conditional use permit applications based on the following criteria and subject to Section 1149.02(i) below:
(1) Land Use Policy. The proposed use and development will be in keeping with the land use and planning policies established by the Municipality, including any Master Plan then in effect.
(2) Ordinance Purposes. The proposed use and development will be in harmony with the general and specific purposes for which this Zoning Code was enacted and for which the regulations of the district in question were established.
(3) No Nuisance. The proposed use and development will not create any public nuisance by reason of noise, smoke, odors, vibrations, objectionable lights or congestion of traffic.
(4) No Undue Adverse Impact. The proposed use and development will not have a substantial or undue adverse impact upon adjacent property, the character of the neighborhood or area, property values in the immediate vicinity, or the public peace, health, safety, and general welfare.
(5) No Interference with Surrounding Development. The proposed use and development will be constructed, arranged, and operated so as not to excessively interfere with the use and development of neighboring property in accordance with the applicable district regulations.
(6) Adequate Public Facilities. The proposed use and development will have no undue financial burden on the Municipality and be served adequately by the existing level of essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools. If the existing level of public facilities and/or services is or may be inadequate, the applicant must commit to adequately providing such services for itself.
(7) No Traffic Congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets.
(8) No Destruction of Significant Features. The proposed use and development will not result in unnecessary destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
(9) Compliance with Standards. The proposed use and development complies with all additional standards imposed on it by the particular provision(s) of this Section of the Zoning Code authorizing such use and any other applicable provisions of the Zoning Code imposed on the proposed use if the use is permitted in another Use District.
(10) Community Benefit. The proposed use will provide benefit to the community because the proposed use is not currently or commonly available in the Municipality.
(11) Economic Impact. The proposed use has the potential to create a positive economic impact by creating or expanding employment opportunities and increasing tax revenue within the Municipality.
(i) Application of Standards for Conditional Use Permit. While the standards set forth in Section 1149.02(h) will be used to evaluate specific applications for conditional use permits, the Planning and Zoning Commission is not required to approve any conditional use permit solely based upon meeting any or all of the standards. Approval shall be in the sole and exclusive discretion of the Planning and Zoning Commission and Council.
(j) Conditions on Conditional Use Permits. The Planning and Zoning Commission may impose and Council may confirm or impose additional conditions and limitations concerning the use, construction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Section of the Zoning Code, upon the premises benefited by a conditional use permit, as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services. Such conditions shall be expressly set forth in the resolution granting the conditional use or expressly included in such resolution by reference. Violation of any such condition or limitation shall be a violation of the Zoning Code and shall constitute grounds for revocation of the conditional use permit.
(k) Confirmation of Compliance with Conditions. Whenever any conditional use permit granted pursuant to this Section is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, notify the Building Commissioner for inspection of compliance. The Building Commissioner shall determine whether the applicant has met the conditions. Thereafter, the Building Commissioner shall inspect the premises every four (4) years for compliance to said specific terms, conditions and safeguards. The Building Commissioner shall provide a report to the Planning and Zoning Commission summarizing the inspections and, if in compliance, recommending renewal of the conditional use permit.
(l) Effect of Issuance of a Conditional Use Permit. The granting of a conditional use permit authorizes the property to be used in the manner proposed but does not alone authorize the establishment or extension of any use, nor the development, construction, reconstruction, alteration, or moving of any building or structure without first obtaining any other required permit, including a building permit.
(m) Limitations on Conditional Use Permit. Subject to an extension of time authorized by the Planning and Zoning Commission, no conditional use permit shall be valid for a period longer than one (1) year unless a building permit is issued and construction is actually begun within that period, and is thereafter diligently pursued to completion, or the approved use is commenced within that period. Thereafter, a conditional use permit shall be valid for a period of four (4) years and shall expire on December 31 st of the fourth year following the year in which the permit was granted. The Building Commissioner shall provide a report to the Planning and Zoning Commission summarizing the inspections conducted under Section 1149.02(k). Thereafter, the Planning and Zoning Commission shall renew the conditional use permit if the permit holder has complied with all terms and conditions established by the Planning and Zoning Commission in granting the conditional use permit.
(n) Modifications to Conditional Uses. Any modification or intensification of a conditional use that alters the essential character or operation of the use in a way not intended at the time the conditional use permit was granted, as evidenced by the record or language of the resolution, shall require a new conditional use permit. The property owner/operator or their authorized representative shall apply for such conditional use permit prior to any modification of the use of property. The Building Commissioner shall determine whether the proposed modification or intensification represents an alteration in the essential character of the original conditional use as approved. The operator of the conditional use shall provide the Building Commissioner with all the necessary information related to the conditional use to render this determination. If the Building Commissioner determines that the proposed modification or intensification will not alter the essential character or operation of the conditional use, a new conditional use permit shall not be required.
(o) Revocation of Conditional Use Permit. A conditional use permit may be revoked by the Building Commissioner if the established conditions for approval are violated. Any party who is the holder of a conditional use permit that has been revoked pursuant to this Section, may appeal the decision of the Building Commissioner to the Planning and Zoning Commission within ten (10) days of receiving notice of the revocation of the conditional use permit.
(Ord. 2022-10. Passed 8-15-22.)
1149.03 FILING FEES.
Each application to the Planning and Zoning Commission, each application to the Board of Appeals requesting a variance and each petition to Council for an amendment of the zoning regulations or districts shall, unless waived by the Commission, Board or Council to which such application or petition is addressed, be accompanied by a filing fee of fifty dollars ($50.00), payable to the Municipality. However, if the cost of publishing the notice and notifying property owners in connection with any such application or petition exceeds the filing fee listed above, then the person filing such application or petition shall pay the amount of the excess cost to the Municipality before the date of the hearing on such application or petition. The filing fees shall be paid into the General Fund of the Municipality.
(Ord. 92-18. Passed 6-1-92.)
1149.04 INTERPRETATION.
In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. The lot or yard areas required by this Code for a particular building shall not be diminished and shall not be included as a part of the required lot or yard areas of any other building. The lot or yard areas of buildings existing at the time of the passage of this section (May 20, 1935) shall not be diminished below the requirements herein provided for buildings hereafter erected and such required areas shall not be included as a part of the required areas of any building hereafter erected. This Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor shall this Code interfere with or abrogate or annul any easements, covenants or other agreements between parties. However, where this Code imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or by such easements, covenants or agreement, the provisions of this Code shall control.
(Ord. 159. Passed 5-20-35.)
1149.05 COMPLETION AND RESTORATION OF EXISTING BUILDINGS.
Nothing contained in this Zoning Code shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has been diligently prosecuted within thirty days of the date of such permit, and the ground story framework of which, including the second tier of beams, has been completed within six months of the date of such permit, and which entire building shall be completed according to such plans, as filed, within two years from the date of the passage of this section (May 20, 1935). Nothing in this Code shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy, subsequent to the passage of this section (May 20,1935) or prevent a change of such existing use under the limitations provided in Section 1149.06. Nothing in this Code shall prevent the restoration of a wall declared unsafe by the Building Commissioner.
(Ord. 159. Passed 5-20-35.)
1149.06 NONCONFORMING USES.
A nonconforming use existing at the time of the passage of this section (May 20, 1935) may be continued. A nonconforming use shall not be extended except as authorized by Section 1149.05 but the extension of a use to any portion of a building, which portion was arranged or designed for such nonconforming use at the time of the passage of this section (May 20,1935), shall not be deemed the extension of a nonconforming use. A building arranged, designed or devoted to a nonconforming use at the time of the passage of this section (May 20, 1935) may not be reconstructed or structurally altered to an extent exceeding in aggregate cost, during any ten year period, sixty percent of the assessed value of the building unless the use of the building is changed to a conforming use. A nonconforming use may not be changed unless changed to a higher use. A nonconforming use if changed to a conforming use may not thereafter be changed back to any nonconforming use. A nonconforming use if changed to a higher nonconforming use may not thereafter be changed unless to a still higher use. A nonconforming use included in a U-7 use class shall not be changed unless changed to a conforming use. In a U-1, U-2 or U-3 District a nonconforming use included in a Local Business District or a U-5 or U-6 use class shall not be changed unless changed to a conforming use. For the purposes of this Code, a use shall be deemed to be changed if changed from a use included in a subdivision of a use class to a use not included in such subdivision. For the purposes of this Code, a nonconforming use shall be deemed to be changed to a higher use if the use to which such nonconforming use is changed is a use included in a subdivision of a use class that in the arrangement of classes and subdivisions in the classification of uses precedes the subdivision in which such nonconforming use is included.
(Ord. 159. Passed 5-20-35; Ord. 960. Passed 7-18-66.)
1149.07 CESSATION OF NONCONFORMING USE.
If the nonconforming use of any building or property within the Municipality ceases for any reason for a continuous period of more than six months then any future use of such building and property shall be in conformity to the uses and regulations specified by this Planning and Zoning Code for the district in which such building and property is located. If any building in or on which any nonconforming use is conducted or maintained is hereafter removed from the property on which such nonconforming use was conducted or maintained then the subsequent use of such property and the subsequent location and use of any building thereon, should the same be moved, shall be in conformity to the uses and regulations specified by this Planning and Zoning Code for the district in which such property is located.
(Ord. 87-33. Passed 12-21-87.)
1149.08 VARIANCES BY COUNCIL.
(EDITOR'S NOTE: This section was repealed by Ordinance 96-11, passed March 18, 1996.)
1149.99 PENALTY.
The owner or owners of any building or premises or part thereof, where anything in violation of this Zoning Code is placed, or exists, and any architect, builder or contractor who may be employed to assist in the commission of any such violation and all persons or corporations who violate any provision of this Code or fail to comply therewith, or any requirements thereof or who build in violation of any detailed statement of plans submitted and approved thereunder, where no other penalty is provided, shall for each and every violation or noncompliance be fined not more than five hundred dollars ($500.00). Each day during or on which a violation continues shall constitute a separate offense.
(Ord. 159. Passed 5-20-35; Ord. 766. Passed 6-18-62.)