Mayfield City Zoning Code
CHAPTER 1157
Residential Districts
1157.01 SINGLE-FAMILY HOUSE DISTRICT.
In a Class U-l District, no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used, for a Class U-2, U-3, Local Business District, U-5, U-6 or U-7 use. In a Class U-l District, no building or premises shall be used, and no building shall be erected, which is arranged, intended or designed to be used except for a Class U-l use. In any part of a Class U-l District that is within a Class A-l District, no building shall be used and no building shall be erected which is arranged, intended or designed to be used as a semi-detached single family dwelling or double house.
(Ord. 88-29. Approved by voters 5-2-89.)
1157.02 TWO-FAMILY HOUSE DISTRICT.
In a Class U-2 District no building or premises shall be used, and no building shall be erected, which is arranged, intended or designed to be used, for a class U-3, Local Business District, U-5, U-6 or U-7 use. In a Class U-2 District no building or premises shall be used which is arranged, intended or designed to be used, except for a class U-1 or U-2 use.
(Ord. 159. Passed 5-20-35; Ord. 960. Passed 7-18-66.)
1157.03 OCCUPANCY REGULATIONS.
(a) Family. In a Class U-1 and U-2 Use District, the definition of "family", as found in Section 1145.01(k) is hereby modified and amended to read as follows:
"Family" means one or more persons, related by blood, marriage or adoption, or a family foster home or not more than three persons not related by blood, marriage or adoption, who live together in a dwelling unit as a nonprofit housekeeping unit, as distinguished from a group occupying a boarding, lodging or tourist house, sorority or fraternity house, hotel or motel. A "family foster home" means a family related by blood, adoption or marriage as defined above with no more than five (5) foster children.
(b) Number of Persons Who May Occupy a Dwelling Unit. No person shall maintain, own or lease a dwelling unit (which is defined as a single dwelling house or half of a two family dwelling house) unless it contains at least 300 square feet of habitable floor area for the first occupant and at least 200 additional square feet of habitable floor area for every additional occupant thereof, but in no case shall any dwelling unit contain less than the minimum number of square feet of habitable area required by any ordinance of the Municipality. Habitable floor area shall be considered to mean the floor area in rooms used for living, sleeping, eating or cooking, and complying with Chapter 1321 of the Building Code, as amended, pertaining to height and area, and not counting bathrooms, lavatories, closets or basement rooms.
(Ord. 2018-18. Passed 7-16-18.)
1157.04 APARTMENT HOUSE DISTRICT.
In a Class U-3 District no building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used for a Local Business District or Class U-5, U-6 or U-7 use. In a Class U-3 District no building or premises shall be used and no building shall be erected which is arranged, intended or designed to be used except for a class U-1, U-2 or U-3 use.
(Ord. 159. Passed 5-20-35; Ord. 960. Passed 7-18-66.)
1157.05 RESTRICTED MULTI-STORY APARTMENT HOUSE DISTRICT.
(EDITOR'S NOTE This section was repealed by Ordinance 89-25, approved by voters November 7, 1989.)
1157.06 ACCESSORY BUILDINGS AND STRUCTURES.
(a) In General. An accessory building or structure, as defined by Section 1113.06 of this Code and including those buildings or structures less than two hundred (200) square feet, customarily incident to a Class U-1 or U-2 use shall also be permitted in, respectively, a Class U-1 or U-2 District, provided such accessory building or structure is located in the rear yard and upon the same lot with the building to which it is accessory. Buildings and structures two hundred (200) square feet or larger shall also require a building permit from the Building Department.
(b) Not Habitable. No accessory building or structure shall be designed, constructed, arranged or used as a habitable dwelling in whole or in part.
(c) Height. No accessory building or structure in a Class U-1 or U-2 District shall exceed fifteen (15) feet in height.
(d) Location. No accessory building or structure shall be located within a recorded utility easement or drainage swale, or in such a manner that hinders the free flow of storm water or hinders the maintenance of storm water control, as determined by the Village Engineer. Any accessory building or structure shall conform to the applicable setback requirements set forth in Section 1181.07 of this Code. Swimming pools shall be regulated by Section 1341.04 of this Code.
(e) Total Number and Area. In a U-1 or U-2 District, no more than two (2) accessory buildings or structures, which shall include a detached garage, shall be permitted. The total area of any above ground accessory buildings or structures erected separately from the main use structure on any one lot in total area shall not exceed eight hundred (800) square feet or ten percent (10%) of the rear lot area, whichever is less, subject to all other applicable setbacks and use requirements. (Ord. 2023-05. Passed 5-15-23.)
1157.07 PARKING REGULATIONS.
(a) No person shall keep, park, store or allow to be kept, parked or stored overnight any commercial vehicle or truck, as herein defined, in a U-1, U-2, U-3 or U-3 AA Use District, except passenger automobiles or motorcycles not used for commercial, business or manufacturing purposes. This section shall not, however, prohibit the following uses in such districts:
(1) Trucks making bona fide deliveries to or pickups from the premises where they are parked, but only for so long a time as is reasonably necessary to make such deliveries or pickups;
(2) Vehicles necessarily used in connection with the legal construction, altering, repairing, removal or demolition of buildings, appurtenances and roads for such time as is reasonably necessary to perform such work;
(3) Farm vehicles, either bearing current farm license plates issued by the State of Ohio or used exclusively for proper agricultural purposes upon the premises;
(4) Vehicles used by or on behalf of the Municipality or any other governmental body;
(5) In Class U-3 and U-3AA Districts, vehicles necessarily and customarily incident to the operation of any apartment house, hotel or motel situated on the premises;
(6) On any lot in a U-1 or U-2 Use District, not more than two commercial vehicles or two trucks not exceeding one and one-half tons in rated capacity each, may be parked in a covered and closed garage or out of sight, provided the trucks or commercial vehicles are used solely by occupants of the premises;
(7) The owner, owners or occupants of any building or premises or part thereof where anything in violation of this section is placed or exists, and any person, firm or corporation who violates any provision of this section or fails to comply therewith, or whoever parks, stores or keeps any vehicle upon any residential premises, including Class U-1, Class U-2, Class U-3, and Class U-3AA Use Districts, in violation of this section, shall for each and every violation or non-compliance be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalty provided in Section 1149.99.
(b) “Commercial vehicle”, for the purposes of this chapter, shall mean any automobile, van, pick-up truck, sport utility vehicle, or similar vehicle that is used for commercial, business or manufacturing purposes and bearing mounted equipment, signs, racks carrying equipment, tools, ladders, material and/or similar items.
(c) “Truck”, for the purposes of this chapter, shall include any truck one and one-half tons in rated capacity, or more, any tractor, semi-trailer, or trailer. Also included shall be any pick-up truck less than one and one-half ton van or sport utility vehicle, used for commercial, business, or manufacturing purposes and bearing mounted equipment, signs, racks carrying equipment, tools, ladders, material and/or similar items.
(Ord. 2002-07. Passed 5-20-02.)
1157.08 FENCES; PERMIT; FEE.
(a) Definitions. The following terms shall have the following meanings for purposes of this Section of the Planning and Zoning Code:
(1) "Fence" means the installation of acceptable material at or along the property line or lines to define or enclose the property or to prevent entry to an area.
(2) "Solid Board" means a wood or vinyl fence where the boards are installed against each other so as to provide a solid wall that does not allow seeing through or the passage of air and includes stockade fences.
(3) "Spaced Board" means a wood or vinyl fence where there is a space left between the boards so as to allow the flow of air and allow visibility. Typically, the space is anywhere from one (1) inch up to the width of the vertical boards.
(4) "Board on Board (or Shadow Box)" means a fence constructed like a Solid Board fence, except that the fence boards are installed alternately from one side of the fence rails (or stringers) to the other. Boards can run either vertically or horizontally.
(5) "Louver" means a fence where the boards are installed on an angle between the rails or posts to direct sunlight or air. Boards may be installed either vertically or horizontally.
(6) "Basket Weave" means a fence where thin basket boards are woven alternately around small wooden members which extend through the height of the weave.
(7) "Split Rail" means a rustic fence where split rails are inserted into slotted posts. Two and three horizontal rails are common.
(8) "Picket" means a fence that is typically a spaced board fence four (4) feet or less in height usually with a blunted point cut at 45-degree angles, or rounded, or with a gothic point.
(9) "Chain link" means a fence usually made of metal consisting of loops of wire interconnected in a series of joined links.
(10) "Decorative fence" or "Ornamental Fence" means a fence that is erected primarily for aesthetic purposes which does not obstruct visibility into or out of the lot or property, and is constructed of materials to enhance the appearance of a property or garden such as metal or wrought iron.
(b) Fences Permitted.
(1) In Front Yards. In front yards in Class U-1, U-2, U-3 and U-3AA Use Districts, the only fences permitted shall be as follows: decorative fences and split rail. Such fences shall be placed adjacent to the front entrance of the dwelling, at a point not closer than twelve (12) inches from the front property line and not over forty-two (42) inches in height.
(2) In Side and Rear Yards. In side yards and rear yards in Class U-1, U-2, U-3 and U-3AA Use Districts, the only fences permitted shall be as follows: split rail, chain link, board on board, solid board, spaced board, basket weave, louver, decorative and picket fences.
A. Chain link fences shall not be permitted over four (4) feet in height and shall have uniformly spaced openings.
B. Split rail, board on board, solid board, spaced board, basket weave, louver, decorative and picket fences shall not be permitted over six (6) feet in height. However, a fence not over eight (8) feet in height may be placed along the rear or side line which separates residential properties from property used for nonresidential purposes, subject to the written approval of the Building Commissioner, who shall not give his approval if he or she finds that such proposed fence is unsafe or unsightly or that it obstructs necessary light and air from adjacent property or that in some manner it does not conform with ordinances of the Municipality.
(3) On Corner Lots. A fence on a corner lot shall not be closer than fifteen (15) feet from a secondary street side lot line, unless the main building is less than fifteen (15) feet from that line, measured laterally. In such event, the fence may be located at the same distance from the secondary side lot line as such main building. The maximum height of a fence along the secondary street side lot line shall be four (4) feet. This provision shall not prohibit a decorative fence not nearer than one (1) foot to the side yard at a height of not more than forty-two (42) inches.
(4) Snow Fence. Snow fencing shall not be used for any purpose except for the control of blowing and drifting snow, as necessary. It shall not be erected before October 1 and shall be removed prior to May 1. A permit shall not be required for snow fencing. Snow fencing shall not be erected or installed closer than twenty (20) feet to a driveway of an abutting property owner, shall not obstruct the view of an intersection and shall not come closer than twenty (20) inches of a public sidewalk. Snow fencing shall not be placed within the public right-of-way.
(5) Swimming Pool Fence. Fences enclosing swimming pools shall be permitted as provided in Chapter 1341. Such Chapter shall govern the requirements for such fences.
(c) General Requirements for Fences.
(1) All fence posts must be anchored securely in concrete.
(2) On any side or rear yard fence, the supporting rails and posts shall face the interior of the property of the owner of the fence and shall not face the adjacent property; the finished side (as contrasted with the rough or unfinished side) of the fence shall face the property of the adjacent property owner.
(3) A fence shall not be located within three (3) feet of a utility box, manhole or other apparatus that may be used for maintenance of the utility. When a fence or screen wall obstructs access to a utility box, manhole or other public apparatus for maintaining utilities, the owner shall be required to remove such fence or screen wall at their expense.
(4) All fences shall be erected to withstand a fifteen-pound horizontal wind pressure, shall be placed perpendicular to the ground and shall be substantially and properly supported according to standard practice.
(5) Fencing shall not be topped with sharp points such as may readily result in bodily injury and no portion of fencing shall be of barbed wire.
(6) Where fences are erected and where a water drainage situation occurs, such problem shall be disposed of by placing adequate outlets at the bottom of the fence or screen wall to eliminate the accumulation of stagnant water or other undesirable conditions.
(7) Fences shall be installed plumb, and the top finish shall be uniform. Fences shall follow the contour of the ground as far as is practical. Adjustments for grade shall occur at the bottom of the fence. Where adjustments for grade changes are severe enough to require stepping, a minimum of eight (8) feet of uniform fence run shall be maintained prior to each step.
(8) Where a fence already exists along a common property line on a neighboring property, the applicant proposing a fence shall make every effort to utilize the existing fence. If the existing fence cannot be utilized, there shall be a minimum separation of twenty-four (24) inches between the two fences to provide for the maintenance of the fences and the ground area between the two fences. The owner of the new fence must have direct access to the area between the two fences or walls. If access is not available and/or the yard is totally enclosed, a hinged three (3) foot wide gate is required for access to the area between the two (2) fences. The gate is to be of the same style and material as the fence. There is to be no storage of any type between the fences.
(d) Permits. No fence shall be constructed until a permit has been issued by the Building Department and the applicable fee is paid per Section 1309.05 of the Codified Ordinance.
(1) The application for a permit shall include plans or drawings showing the actual and accurate shape and dimensions of the property on which the fence is to be erected; the exact height, location in regards to property lines and structures, length, type of material, type of construction of such proposed fence ; the location of all buildings on the lot; and other information deemed necessary by the Building Commissioner in order to ensure that such fence is constructed in compliance with this Code.
(2) Each property owner shall determine property lines prior to constructing a fence and shall ascertain that the fence thus constructed does not deviate from the plans as approved by the Building Commissioner and does not encroach upon another lot or parcel of land. The owner shall either:
A. Submit a copy of a survey drawing indicating the location of property lines in the area of the proposed fence; or
B. Locate and mark the property corners so they are visible at the time of inspection; or
C. Submit a signed statement from the abutting owner or owners stating that they approve of the proposed location of the fence.
(3) The Municipality shall furnish such inspection as is deemed necessary to determine that the fence is constructed in accordance with plans submitted for the permit, provided, however, that the issuance of such permit by the Municipality shall not be construed to mean the Municipality has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed on him or her herein.
(Ord. 2023-02. Passed 4-17-23.)
1157.09 HOME OCCUPATIONS.
(a) Home occupations, permitted in residential zone districts are limited to the following:
(1) Accounting office.
(2) Attorney office.
(3) Architect office.
(4) Adjuster office.
(5) Advertising office.
(6) Answering service.
(7) Appraisers office.
(8) Real estate Brokers.
(9) Building contractor office.
(10) Cleaning service.
(11) Consultation.
(12) Crafts.
(13) Financial planning consultants.
(14) Floral arrangements.
(15) Gift baskets.
(16) Grocery shopping services.
(17) Landscape services.
(18) Newspaper services.
(19) Referral services.
(20) Sewing services.
(21) Mail services.
(22) Typing/word processing services.
(b) Home occupations as listed in (a) above, are permitted in residential zone districts only if in conformance with the following standards:
(1) Employment. The occupation is conducted only by members of the family residing in the dwelling.
(2) Area. The occupation is conducted wholly within the dwelling and any space used for such occupation occupies no more than 300 square feet of floor area.
(3) Sales. No physical storage, sale or transfer of goods is permitted from the premises.
(4) Advertising. No advertising signs or displays are permitted on the premises.
(5) Environmental impact. No noise, or odors, vibrations, electrical interferences, or other such nuisance is created that changes the character of the residence.
(6) Traffic. Vehicular traffic or pedestrian traffic does not change the character of the residence.
(7) Exterior appearance. The residential character of the dwelling is not diminished.
(c) A home occupation not listed in Section 1157.09(a)(1) - (22) may be permitted in residential zone districts by the granting of a Conditional Use Permit pursuant to Section 1149.02. The Planning and Zoning Commission shall not recommend the granting of a Conditional Use Permit unless the proposed home occupation is in conformance with the standards set forth in Section 1157.09(b) in addition to the guidelines established by the Planning and Zoning Commission under Section 1149.02(e).
(Ord. 2018-22. Passed 2-25-19; Ord. 2022-10. Passed 8-15-22.)
1157.10 PATIOS; PERMIT; FEE.
(a) In Front Yards and Side Yards. In front yards in Class U-1, U-2, U-3 and U-3AA Use Districts, the only patios permitted shall be concrete or paving brick, which shall be as close to the front wall of the main building as practicable but no more than five (5) feet from the building wall; not larger than twelve (12) feet by twelve (12) feet; and shall not exceed eight (8) inches in height above the natural grade.
(b) Rear Yards. The requirements contained on this Section 1157.10 shall only apply to front yard patios.
(c) Placement. The patio shall not be in the required side yard setback and shall be at least ten (10) feet from the property line. The patio shall be physically separated from driveways and turnarounds with landscaping or other approved physical barrier such as:
(1) Landscape island five (5) feet or wider;
(2) Decorative railings or fencing not to exceed forty-two (42) inches in height; or
(3) Masonry walls not to exceed forty-two (42) inches in height.
(d) Permits. Application for a patio permit must be accompanied by a plot plan showing location of the patio with accessories, if any.
(e) Fees. A fee for the construction of any patio within the Municipality shall be required as stated in Section 1309.05 of the Codified Ordinances.
(Ord. 2020-24. Passed 12-21-20.)