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Residential Zoning Rules by District

Development

Residential Zoning Rules by District

The following is a list of zoning and land use regulations by district through the City of Mayflower.

R-1 SB (Residential)

The R-1SB Residential District is intended for the building of stick-built conventional homes on separate and distinct lots. The R-1SB District areas indicated on the attached zoning map are existing areas within the city of Mayflower which were developed primarily as areas for stick-built conventional homes. Areas appropriate for future R-1SB designation are indicated as low-density residential or undeveloped areas on the city of Mayflower Land Use Plan.

Development of stick-built conventional homes densities not to exceed three (3) dwelling units per gross acre.

Use Permitted by Right
One stick-built conventional home of not less than 1,000 square feet of heated/cooled living space, as the primary or principal use on a lot of record. In addition, the following system of dwelling size reduction will be required to buffer abutting subdivisions with differing minimum square footage of dwelling unit requirements. In order to simplify calculations, subdivisions above 2,000 square feet will be classified at 2,000 square feet.

A development plan must be submitted which indicates the minimum required heated/cooled living space of the residential subdivision and all abutting subdivisions, along with any proposed undisturbed buffer areas. This plan is submitted to the Planning Commission for review and approval during the preliminary platting process, and may be included as part of the preliminary plat.

A reduction in the minimum square footage allowed in a subdivision may be achieved by any combination of the following methods, up to a maximum 23%. The following reductions are calculated from the abutting subdivision with the highest required minimum square footage of living area.

  1. A reduction in the minimum square footage by 8% is allowed by right.
  2. A reduction in the minimum square footage by an additional 5% is allowed with the provision of each 50-foot buffer of undisturbed open space.
  3. A reduction in the minimum square footage by 5% is also allowed within a subdivision for each subsequent tier of lots or minimum of 150 feet, whichever is greater.

The following accessory structures and uses of land shall be permitted provided such structures and uses of land are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building. All accessory uses, except Item No. 3 and Item No. 4, require a city of Mayflower Building Permit. Item No. 4 requires a city of Mayflower Accessory Use Permit as per Section 14.04.07 of this ordinance.

  1. Private auto garages, storage shed or building for the storage of household related goods, and children’s playhouses.
  2. Private greenhouses for non-commercial horticultural purposes.
  3. Flower and vegetable garden.
  4. Home business/occupations in compliance with Section 14.04.09 of this amended ordinance.
  5. Private in-ground swimming pools, tennis courts and similar permanent recreational facilities


Accessory buildings, except private auto garages which are located behind the front building line, may not be located in front yards. All others shall not occupy over twenty-five percent (25%) of the rear yard.

The following uses may be permitted in the R-ISB District subject to the approval of a conditional use permit and all required submissions and conditions thereof. See Section 14.04.07 (Conditional Use Review) for required submissions, etc. It is the intent of this section to encourage through conditional uses the development of varied density arrangements, to permit affordable housing, to nurture development in appropriate locations and to distribute varied density arrangements throughout the city and within various subdivisions.

  1. Churches and other religious institutions and their accessory buildings and uses.
  2. Nursery school, day care center, elementary and secondary schools.
  3. Public utility buildings and facilities when necessary for serving the surrounding area, provided that no public business office and no repair or storage facility, or sewer treatment plant are maintained therein.
  4. Smaller lot stick-built conventional homes with a minimum heated/cooled living space of 800 sq. ft.

The following temporary buildings and items of ownership, where such buildings or items conform to the height and yard requirements of this zone, are permitted.

  1. Recreational vehicles, camping trailers, boats and trailers and the like.
  2. Model home sales offices, when the sales office is located in the model home, subject to the approval of the Planning Commission and subject to the following provisions:

    • a. The model home sales office shall be located in a subdivision to which the sale of lots and homes are directed.
    • b. The model home sales office shall not be permitted beyond 18 months or 80 percent of lots being sold from the granting by the Planning Commission. Extension of the 18 months or 80 percent of lots sold may be granted by the Planning Commission.
    • c. Garage, carport, or yard sales, not to exceed four within a calendar year and three days for each event, may be permitted on any platted lot which supports single-family dwelling as the principal use. A permit obtained from the Office of the Mayor shall be required for each event.

Single-family dwelling:
Two (2) parking spaces for each dwelling unit.

The requirement to provide and maintain the off-street parking space herein required shall be the responsibility of the operator and owner of the use and the operator and owner of the land on which off-street parking space is required to be provided and maintained. All off- street parking and drives for residential, commercial and industrial uses shall be paved with concrete or asphalt.

A. Stick-built Conventional Homes

1. Density
The maximum density is three (3) dwelling units per gross acre.

2. Lot Area
The minimum lot area is 7,500 square feet and the minimum lot width is sixty (60) feet at the front building line, but not to exceed the average density rate of three (3) dwelling units per gross acre.

3. Front Yard
There shall be a front yard set-back having a depth of not less than 25 feet from the front property line, except as may be modified by the Hillside Development provision of the Subdivision Regulation or the existing building line.

4. Side Yard
There shall be a minimum required side yard setback on each side of the principal structure of seven feet and six inches. Encroachment of structural appurtenances, i.e., eaves, balconies, bay windows, shall not exceed two (2) feet. Comer lots shall have a side yard on the exterior, or street side of not less than 25 feet.

5. Rear-Yard
There shall be a rear yard setback having a depth of not less than 15 feet, except accessory buildings shall be no closer than 10 feet from the rear property line and no closer to a side lot line than the principal building line.

6. Lot Coverage
The main building (principal use) and all accessory buildings on a lot shall not occupy more than 33 1/3 percent of the total lot area.

Yard sale shall mean any event, other than a sales activity operated in conjunction with a regularly licensed and permitted commercial or retail operation, which is advertised by any means whatsoever as a place or location to which members of the public, at any time may purchase identifiable or tangible personal property. Also included in this definition are garage sales, patio sales, carport sales, rummage sales, estate sales, fund raisers, or any other similar events.

    • a. Every person, group of persons, or organization desiring to exhibit for sale purposes identifiable or tangible personal property at a yard sale shall first obtain a yard sale permit. The year sale permit must be available upon request at the yard sale location.

    • b. Yard sale permits shall be obtained at the Mayflower City Hall during regular hours Monday through Friday (closed on holidays). The yard sale permit fee shall be $5.00 per household. The permit shall be issued for a three (3) day period. The time between permits is four (4) days. Only four (4) permits per household address per year are allowed. Any person acquiring more than four (4) permits will be considered a business.

    • c. If a group has a yard sale collectively, then each household participating shall be required to get a permit.

    • d. The yard sale permit shall include: Name, location of yard sale, home or cell phone, date and any other pertinent information requested by the city. The permit shall be titled “Residential use Only.”

    • e. Fund raisers (including car washes) shall include: Name, location of fund raiser, home or cell phone number, date, reason for fund raiser, what good or service is being offered, and any other pertinent information requested by the city. Fund raisers by an entity on its own property is permitted, even in a commercial zone.

    • f. Yard sale signs shall be no larger than 24 inches by 18 inches and shall be on stakes or sire sign holders. No signing is allowed on public property or right-of-way unless by the City Council. The back of the yard sale sign must contain the name, phone number, and date of event. Yard sale signs shall be removed by the permit holder or person or persons designated by the holder by 7:00 p.m. the last day of the permitted sale. Yard sale signs advertising a yard sale outside the Mayflower city limits are not permitted to be placed in the city limits of Mayflower.

    • g. Estate sales given by an authorized estate sale professional may use their professional signs. Estate sale professionals may purchase more than one permit at a time with a limit of four (4) for one address. Other estate sales will be considered yard sales.

    • h. All merchandise offered for sale shall be arranged so that fire, police, health, and other officials may have access for inspection at all times during the time of operation of the sale. Enforcement of the provisions of this section shall be by the City Police Department and Code Enforcement Officers.

    • i. Penalty Any violation of the provisions of subsection (3) is declared to be a misdemeanor and a fine of not less than Twenty-Five Dollars ($25.00) and no more than One Hundred Dollars ($100.00) is affixed for failure to comply with any of these requirements.
      (Ord. No. 2007-9, Sec. 1.)

An accessory building may be erected detached from the principal building or may be erected as an integral part of the principal building. For purposes of this Zoning Regulation satellite receiving stations are construed to be accessory buildings and shall be screened by appropriate fencing or landscaping means. No accessory building shall be greater than 25 per cent of the principal building in square footage of floor area.

An accessory building attached to the principal building shall be made structurally a part of, and have a common wall with the principal building and shall comply in all respects with the requirements of these regulations applicable to the principal building. Unless so attached, the accessory building shall be located on the rear one-half of the lot.

The set-back requirements for accessory buildings in the various zoning districts are as follows:

A. “R-1”, “R-2”, “R-4” and “R-5” Districts Single-Family Detached
1. side yard, seven feet and six inches
2. rear yard, ten (10) feet

The city of Mayflower is concerned that the erection of fences in yard space fronting on streets may impair the sight distance of the operator of moving vehicles on streets to the extent of creating a traffic hazard and that the erection of fences such as these may obstruct the view from dwellings placed on adjoining lots.

Application for a permit to build a fence in front of the building line (front yard) on a lot or lots in the R-1 District shall be made by the owner or agent of said lot or lots to the Mayflower Planning Commission. The application shall indicate in writing or by graphic means the location, height, materials and construction method of the proposed fence.

The Mayflower Planning Commission shall review or cause to be reviewed the application
taking into consideration:

A. The aspects of traffic hazard and view obstruction from adjoining lots and;

B. The proposed fence material and construction method in order to eliminate unsightly and dangerous fences.

Upon a finding by the Mayflower Planning Commission that the proposed fence does not violate the stated concerns of the city of Mayflower the permit shall be issued.

If a permit is denied based on the applicant’s proposal, the applicant may appeal the Mayflower Planning Commission’s decision to the Mayflower City Council for a hearing.

An appeal from the Mayflower City Council’s decision may be made by the applicant to a court of record.

Home business/occupation: An accessory use of a dwelling unit, involving the manufacture, provision, or sale of goods and/or services, which is carried on by members of the immediate family residing on the premises. Home business/occupations shall not include garage sales and yard sales nor home parties which are held for the purpose of the sale or distribution of goods or services. However, if the collective total of all such sales and/or parties exceeds four at any one location in any calendar year such sales and/or parties shall be considered a home business/occupation.

This ordinance separates home business/occupations into two different and distinct categories as
follows:

A. Low Impact Home Business/Occupation.
This type of home business/occupation has little, if any effect on the existing neighborhood. Typically, this type of home business/occupation is an office use where the resident occupant conducts no business other than by telephone, mail, facsimile, or computer modem; where customers are not typically received on the premises; where no deliveries are accepted on a regular basis; and where an office is needed for the purposes of sending and receiving mail, telephone calls, maintaining records, and other similar functions. A low impact home business/occupation is a home business/occupation operated in such a manner that the average neighbor would be unaware of it’s existence. Examples of this type of home occupation include, but are not limited to: artist, telephone solicitors, housecleaners, homemade crafts for sale off-site, baby sitting (five children maximum), tutoring (five pupils maximum), office facility for a salesman, sales representative, or manufacturer’s representative provided that no transactions are made in person on the premises.

B. Moderate Impact Home Business/Occupation
This type of home business/occupation has some type of impact on the existing neighborhood. Typically, this type of home business/occupation is an office use where the resident-occupant conducts business with customers on-site; where equipment, other than office equipment, exist to conduct the home business/occupation; where a company vehicle and/or company trailer exist. A moderate impact home business/occupation is a home business/occupation operated in such a manner that the average neighbor would be aware of its existence due to traffic, noise, or equipment. Examples of this type of home business/ occupation include, but are not limited to; contractor’s office, locksmiths, swimming pool cleaning, financial planning, lawn care/maintenance, day care center (more than 5 children), etc.

Permit Requirements
Home business/occupations complying with the criteria established in this ordinance and defined as low impact occupations shall be permitted by right with no Accessory Use Permit required. Moderate impact occupations shall commence operation only after the receipt of an Accessory Use Permit from the city of Mayflower.

Compliance Criteria for Home Business/Occupations
The home business/occupation permit shall be denied when any of the following conditions are found to exist:

A. More than 33% of the floor space of the principal residential structure (or over 1,000 square feet, whichever is less) shall be used for the operation of the home business/occupation.

B. More than one service or company vehicle shall be parked, stored or maintained on the premises. The following types of vehicles are expressly prohibited at any time:

1. All commercial tow vehicles or vehicle carriers
2. Dump trucks or trash haulers
3. Flat bed or stake bed trucks
4. Trucks or buses used in inter or intrastate commerce
5. Vans with a capacity of one ton or larger, used for other than a private passenger vehicle
6. School or church buses or vans one ton in carrying capacity or greater
7. Any service or company vehicle with a capacity exceeding one ton

C. More than one trailer shall be allowed. (One trailer shall be allowed only as long as the trailer is attached to the service or company vehicle and is used for the transportation of equipment. The one trailer shall not be allowed if disconnected from the service or company vehicle without being stored in a garage or behind an approved fence enclosure. The one trailer shall not be parked or stored in the street, and shall not be parked or stored with trash, rubbish, or other nuisance materials.)

D. Temporary or permanent outside storage of equipment or materials shall be allowed.

E. Use of an accessory structure on this property for storage or any other purpose of conducting the business/occupation.

F. More than one employee or independent contractor shall be permitted to report to the premises for job assignment or to work at the premises. (No more than one employee shall be allowed at the premises, while functioning as an employee, other than immediate family members who reside on the premises.)

G. Additional building or remodeling shall be allowed on the premises to accommodate the home business/ occupation.

H. There shall be a display that will indicate from the exterior that the premises are being utilized in part for any purpose other than that of a dwelling unit.

I. There shall be display of the product(s) visible from the street.

J. A commodity shall be sold upon the premises, except that which is prepared on the premises. (Retail businesses are not allowed.)

K. The home business/occupation shall create a hazard to persons or property, or any offensive conditions such as excessive noise, vibrations, dust, glare, electrical interference, odor, or any other form of pollution of any nature.

L. Mechanical, electrical, or chemical equipment or any form of apparatus shall be utilized which interferes with or substantially disrupts the integrity or the character of the neighborhood.

M. Deliveries that pertain to the business which has an adverse impact on the neighborhood traffic, but shall not include Federal Express, UPS, or similar type earners.


Enforcement Procedures
Any home business/occupation permitted by the city of Mayflower under the Accessory Use Permit provisions shall only be valid for the applicant, business/occupation and residence for which the permit is issued. A home business/ occupation accessory use permit shall be subject to cancellation in the event of any noncompliance with, or continued violation(s) of any provisions of, this ordinance by action of the Mayflower Planning Commission.

Home business/occupation applicants or operators shall agree to permit inspection of the premises by the city of Mayflower, as directed by the Mayor, to determine compliance with the rules and regulations set forth in this ordinance.

Any aggrieved person believing that a violation or violations of this ordinance is occurring and who desires that action be taken by the city of Mayflower shall notify the City Clerk in writing of such alleged violation(s). The City Clerk will provide the Mayor, or his designate, with a copy of the complaint. Within thirty (30) calendar days after receipt by the City Clerk of such written allegation(s), the city of Mayflower, as directed by the Mayor, shall complete an investigation of the allegations(s) to determine the merits thereof. Within ten (10) calendar days after the city of Mayflower, as directed by the Mayor, has completed the investigation, the following actions shall be taken:

A. If the city of Mayflower, as directed by the Mayor, finds no such violation has occurred, then written notification of that finding shall be provided the home business/occupation operator and to the complaining person (or a spokesperson for complaining party) by certified mail.

B. If the city of Mayflower, as directed by the Mayor, finds that a violation has occurred, then written notification of that finding and a time for compliance shall be sent by certified mail to both the violator and the complaining person (or a spokesperson for complaining party). The written notification shall also state what action, if any, will be taken if compliance is not performed within thirty (30) calendar days.

C. If compliance does not take place within the allowed thirty (30) calendar days, or violations continue to occur, the city of Mayflower shall schedule a hearing before the Mayflower Planning Commission to decide whether or not to revoke the Home Business/Occupation Accessory Use Permit. Written notification of the hearing will be sent to the holder of the Home Business/Occupation Accessory Use Permit and the complaining person (or a spokesman for the complaining party) by certified mail.
The Mayflower Planning Commission will review the matter at the hearing and decide whether to revoke the Home Business/Occupation Accessory Use Permit. The Mayflower Planning Commission decision will be effective immediately and written notification will be sent to the violator and the complaining party (or a spokesman for the complaining party) by certified mail.

D. Any person may appeal a decision by the Mayflower Planning Commission to the Mayflower City Council by written appeal provided the Mayflower City Clerk. Oral and written arguments and testimony shall be permitted before the Mayflower City Council.

E. Decisions of the Mayflower City Council are final.

Renewal of Home Business/Occupation Accessory Use Permit
Home business/occupations shall not require renewal provided that there have not been any violations of the provisions of this ordinance. Should violations occur or continue to occur the Mayflower Board of Adjustment reserves the right to revoke the Accessory Use Permit.

Violations
Any person operating or continuing to operate a home business/occupation in violation of the provisions of this Title 14, Zoning Ordinance shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of at least One Hundred Dollars ($100.00), but not more than Five Hundred Dollars ($500.00). Each day in which a violation hereof shall occur constitutes a separate offense.

Preexisting lots of record: Lots that were platted and on public record prior to the enactment of Ordinance 99-5 are preexisting lots of record. (Ord. No. 2000-05, Sec. 4.)

Nonconforming preexisting lots of record: owners of lots, which have been rendered unbuildable due to the minimum lot size and/or yard requirements of this zoning regulation, may request relief from the strict application of minimum requirements. Relief from the strict application of the minimum requirements is termed a variance and must be filed with the Mayflower zoning Board of Adjustment. The owner of such nonconforming lots shall demonstrate to the board that subject property is so space restricted that the building area is not sufficient to meet minimum building size or yard requirements of the Mayflower Municipal code. (Ord. No. 2000-05, Sec. 4.)

Conditions that affect a variance: The Mayflower zoning Board of Adjustment shall be guided by the following circumstances regarding preexisting nonconforming, lots of record to determine the validity of a variance request:

A. If only one nonconforming (substandard) lot is held by the owner seeking relief, and no other property held by the owner touches subject lot, then the variance may be judged suitable by the board.

B. If two or more nonconforming lots, which lots have a common boundary between any two lots, are in the same ownership the lots shall be combined (replatted). The board will consider then:

  1. If replatted (combined adjoining) lots remain nonconforming then a variance may be issued.
  2. If replatted (combined adjoining) lots achieve conformance then no variance shall be issued. Thus, all area and yard requirements germane to the district shall apply.
  3. The act of replatting shall not leave a lot that is nonconforming, i.e., all land under separate ownership submitted for a variance shall be replatted to conforming. (Ord. No. 2000-05, Sec. 4.)

R-1 MH (Residential Manufactured Homes)

The R-1MH Residential District provides for areas which may contain manufactured homes on separate and distinct lots either in new subdivisions designed and/or intended for the sale of lots for siting manufactured homes or on individual lots/parcels without or within existing subdivisions. These homes are those that are manufactured or constructed under the authority of 42 United States Code Section 5401. These areas are subject to the same land development and site improvement standards as typical residential subdivisions.

A. Site Plan Review
Pursuant to the procedure hereinafter set forth, when a proposal is made to site manufactured homes in the R-IMH District, no “Site Plan Review” will be required provided that the Code Enforcement Officer determines that the manufactured home proposed to be sited meets all the requirements of the Zoning Regulations and any other relevant codes of the city of Mayflower. When a request to re-zone property to the R-IMH District is proposed, a “Site Plan Review” shall be required. See Section 14.04.07, page 188 and following, of the Mayflower Municipal Code for the procedures and requirements of a Site Plan Review. (Ord. No. 2000-05, Sec. 1.)

B. Permitted Uses
One (1) manufactured home or stick-built conventional home dwelling unit per lot or parcel is allowed.

The following accessory structures and uses of land shall be permitted provided such structures and uses of land are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building. All accessory uses, except Item No. 3 and Item No. 4, require a city of Mayflower Building Permit. Item No. 4 requires a city of Mayflower Accessory Use Permit as per Section 14.04.07 of this ordinance.

  1. Private auto garages, storage shed or building for the storage of household related goods, and children’s playhouses.
  2. Private greenhouses for non-commercial horticultural purposes.
  3. Flower and vegetable garden.
  4. Home business/occupations in compliance with Section 14.04.09 of this amended ordinance.
  5. Private in-ground swimming pools, tennis courts and similar permanent recreational facilities


Accessory buildings, except private auto garages which are located behind the front building line, may not be located in front yards. All others shall not occupy over twenty-five percent (25%) of the rear yard.

The following uses may be permitted in the R-IMH District subject to the approval of a conditional use permit and all required submissions and conditions thereof. See Section 14.04.07 (Conditional Use Review) for required submissions.

  1. Churches and other religious institutions and their accessory buildings and uses.
  2. Nursery school, day care center, elementary and secondary schools.
  3. Public utility buildings and facilities when necessary for serving the surrounding area, provided that no public business office and no repair or storage facility are maintained therein.

The following temporary buildings and items of ownership, where such buildings or items conform to the height and yard requirements of this zone, are permitted.

  1. Recreational vehicles, camping trailers, boats and trailers and the like.
  2. Model home sales offices, when the sales office is located in the model home, subject to the approval of the Planning Commission and subject to the following provisions:

    • a. The model home sales office shall be located in a subdivision to which the sale of lots and homes are directed.
    • b. The model home sales office shall not be permitted beyond 18 months or 80 percent of lots being sold from the granting by the Planning Commission. Extension of the 18 months or 80 percent of lots sold may be granted by the Planning Commission.
    • c. Garage, carport, or yard sales, not to exceed four within a calendar year and three days for each event, may be permitted on any platted lot which supports single-family dwelling as the principal use. A permit obtained from the Office of the Mayor shall be required for each event.

A. The home must be attached to a foundation in compliance with the Building Code currently in effect in the city of Mayflower.

B. The unit must be at least fourteen (14) feet wide.

C. The home must be covered with an exterior material customarily used on dwellings in the city of Mayflower.

D. All homes must be underpinned on set-up within thirty (30) days, using masonry or other manufactured housing industry approved materials.

E. No building in the R-IMH District hereafter erected or structurally altered shall exceed single story height.

A. Density
Six (6) dwelling units per gross acre maximum.

B. Lot Area
Minimum lot area, five thousand (5,000) square feet with a lot width of not less than fifty (50) feet at the front building line.

C. Front Yard
There shall be a front yard setback having a depth of not less than fifteen (15) feet from the front property line.

D. Side Yard
There shall be a minimum required side yard setback on each side of the principal structure of not less than seven feet and six inches. Encroachment of structural appurtenance, i.e., eaves, balconies, bay window, shall not exceed one (1) foot. Comer lots shall have a side yard on the exterior, or street side of not less than 15 feet.

E. Rear Yard
There shall be a rear yard setback having a depth of not less than fifteen (15) feet.

F. Lot Coverage
The principal building and all accessory buildings on a lot shall not occupy more than forty percent (40%) of the total lot area.

Single-family dwelling:
Two (2) parking spaces for each dwelling unit.

The requirement to provide and maintain the off-street parking space herein required shall be the responsibility of the operator and owner of the use and the operator and owner of the land on which off-street parking space is required to be provided and maintained. All off- street parking and drives for residential, commercial and industrial uses shall be paved with concrete or asphalt.

An accessory building may be erected detached from the principal building or may be erected as an integral part of the principal building. For purposes of this Zoning Regulation satellite receiving stations are construed to be accessory buildings and shall be screened by appropriate fencing or landscaping means. No accessory building shall be greater than 25 per cent of the principal building in square footage of floor area.

An accessory building attached to the principal building shall be made structurally a part of, and have a common wall with the principal building and shall comply in all respects with the requirements of these regulations applicable to the principal building. Unless so attached, the accessory building shall be located on the rear one-half of the lot.

The set-back requirements for accessory buildings in the various zoning districts are as follows:


A. “R-1”, “R-2”, “R-4” and “R-5” Districts Single-Family Detached
1. side yard, seven feet and six inches
2. rear yard, ten (10) feet

Home business/occupation: An accessory use of a dwelling unit, involving the manufacture, provision, or sale of goods and/or services, which is carried on by members of the immediate family residing on the premises. Home business/occupations shall not include garage sales and yard sales nor home parties which are held for the purpose of the sale or distribution of goods or services. However, if the collective total of all such sales and/or parties exceeds four at any one location in any calendar year such sales and/or parties shall be considered a home business/occupation.

This ordinance separates home business/occupations into two different and distinct categories as
follows:

A. Low Impact Home Business/Occupation.
This type of home business/occupation has little, if any effect on the existing neighborhood. Typically, this type of home business/occupation is an office use where the resident occupant conducts no business other than by telephone, mail, facsimile, or computer modem; where customers are not typically received on the premises; where no deliveries are accepted on a regular basis; and where an office is needed for the purposes of sending and receiving mail, telephone calls, maintaining records, and other similar functions. A low impact home business/occupation is a home business/occupation operated in such a manner that the average neighbor would be unaware of it’s existence. Examples of this type of home occupation include, but are not limited to: artist, telephone solicitors, housecleaners, homemade crafts for sale off-site, baby sitting (five children maximum), tutoring (five pupils maximum), office facility for a salesman, sales representative, or manufacturer’s representative provided that no transactions are made in person on the premises.

B. Moderate Impact Home Business/Occupation
This type of home business/occupation has some type of impact on the existing neighborhood. Typically, this type of home business/occupation is an office use where the resident-occupant conducts business with customers on-site; where equipment, other than office equipment, exist to conduct the home business/occupation; where a company vehicle and/or company trailer exist. A moderate impact home business/occupation is a home business/occupation operated in such a manner that the average neighbor would be aware of its existence due to traffic, noise, or equipment. Examples of this type of home business/ occupation include, but are not limited to; contractor’s office, locksmiths, swimming pool cleaning, financial planning, lawn care/maintenance, day care center (more than 5 children), etc.

Permit Requirements
Home business/occupations complying with the criteria established in this ordinance and defined as low impact occupations shall be permitted by right with no Accessory Use Permit required. Moderate impact occupations shall commence operation only after the receipt of an Accessory Use Permit from the city of Mayflower.

Compliance Criteria for Home Business/Occupations
The home business/occupation permit shall be denied when any of the following conditions are found to exist:

A. More than 33% of the floor space of the principal residential structure (or over 1,000 square feet, whichever is less) shall be used for the operation of the home business/occupation.

B. More than one service or company vehicle shall be parked, stored or maintained on the premises. The following types of vehicles are expressly prohibited at any time:

1. All commercial tow vehicles or vehicle carriers
2. Dump trucks or trash haulers
3. Flat bed or stake bed trucks
4. Trucks or buses used in inter or intrastate commerce
5. Vans with a capacity of one ton or larger, used for other than a private passenger vehicle
6. School or church buses or vans one ton in carrying capacity or greater
7. Any service or company vehicle with a capacity exceeding one ton

C. More than one trailer shall be allowed. (One trailer shall be allowed only as long as the trailer is attached to the service or company vehicle and is used for the transportation of equipment. The one trailer shall not be allowed if disconnected from the service or company vehicle without being stored in a garage or behind an approved fence enclosure. The one trailer shall not be parked or stored in the street, and shall not be parked or stored with trash, rubbish, or other nuisance materials.)

D. Temporary or permanent outside storage of equipment or materials shall be allowed.

E. Use of an accessory structure on this property for storage or any other purpose of conducting the business/occupation.

F. More than one employee or independent contractor shall be permitted to report to the premises for job assignment or to work at the premises. (No more than one employee shall be allowed at the premises, while functioning as an employee, other than immediate family members who reside on the premises.)

G. Additional building or remodeling shall be allowed on the premises to accommodate the home business/ occupation.

H. There shall be a display that will indicate from the exterior that the premises are being utilized in part for any purpose other than that of a dwelling unit.

I. There shall be display of the product(s) visible from the street.

J. A commodity shall be sold upon the premises, except that which is prepared on the premises. (Retail businesses are not allowed.)

K. The home business/occupation shall create a hazard to persons or property, or any offensive conditions such as excessive noise, vibrations, dust, glare, electrical interference, odor, or any other form of pollution of any nature.

L. Mechanical, electrical, or chemical equipment or any form of apparatus shall be utilized which interferes with or substantially disrupts the integrity or the character of the neighborhood.

M. Deliveries that pertain to the business which has an adverse impact on the neighborhood traffic, but shall not include Federal Express, UPS, or similar type earners.


Enforcement Procedures
Any home business/occupation permitted by the city of Mayflower under the Accessory Use Permit provisions shall only be valid for the applicant, business/occupation and residence for which the permit is issued. A home business/ occupation accessory use permit shall be subject to cancellation in the event of any noncompliance with, or continued violation(s) of any provisions of, this ordinance by action of the Mayflower Planning Commission.

Home business/occupation applicants or operators shall agree to permit inspection of the premises by the city of Mayflower, as directed by the Mayor, to determine compliance with the rules and regulations set forth in this ordinance.

Any aggrieved person believing that a violation or violations of this ordinance is occurring and who desires that action be taken by the city of Mayflower shall notify the City Clerk in writing of such alleged violation(s). The City Clerk will provide the Mayor, or his designate, with a copy of the complaint. Within thirty (30) calendar days after receipt by the City Clerk of such written allegation(s), the city of Mayflower, as directed by the Mayor, shall complete an investigation of the allegations(s) to determine the merits thereof. Within ten (10) calendar days after the city of Mayflower, as directed by the Mayor, has completed the investigation, the following actions shall be taken:

A. If the city of Mayflower, as directed by the Mayor, finds no such violation has occurred, then written notification of that finding shall be provided the home business/occupation operator and to the complaining person (or a spokesperson for complaining party) by certified mail.

B. If the city of Mayflower, as directed by the Mayor, finds that a violation has occurred, then written notification of that finding and a time for compliance shall be sent by certified mail to both the violator and the complaining person (or a spokesperson for complaining party). The written notification shall also state what action, if any, will be taken if compliance is not performed within thirty (30) calendar days.

C. If compliance does not take place within the allowed thirty (30) calendar days, or violations continue to occur, the city of Mayflower shall schedule a hearing before the Mayflower Planning Commission to decide whether or not to revoke the Home Business/Occupation Accessory Use Permit. Written notification of the hearing will be sent to the holder of the Home Business/Occupation Accessory Use Permit and the complaining person (or a spokesman for the complaining party) by certified mail.
The Mayflower Planning Commission will review the matter at the hearing and decide whether to revoke the Home Business/Occupation Accessory Use Permit. The Mayflower Planning Commission decision will be effective immediately and written notification will be sent to the violator and the complaining party (or a spokesman for the complaining party) by certified mail.

D. Any person may appeal a decision by the Mayflower Planning Commission to the Mayflower City Council by written appeal provided the Mayflower City Clerk. Oral and written arguments and testimony shall be permitted before the Mayflower City Council.

E. Decisions of the Mayflower City Council are final.

Renewal of Home Business/Occupation Accessory Use Permit
Home business/occupations shall not require renewal provided that there have not been any violations of the provisions of this ordinance. Should violations occur or continue to occur the Mayflower Board of Adjustment reserves the right to revoke the Accessory Use Permit.

Violations
Any person operating or continuing to operate a home business/occupation in violation of the provisions of this Title 14, Zoning Ordinance shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of at least One Hundred Dollars ($100.00), but not more than Five Hundred Dollars ($500.00). Each day in which a violation hereof shall occur constitutes a separate offense.

Preexisting lots of record: Lots that were platted and on public record prior to the enactment of Ordinance 99-5 are preexisting lots of record. (Ord. No. 2000-05, Sec. 4.)

Nonconforming preexisting lots of record: owners of lots, which have been rendered unbuildable due to the minimum lot size and/or yard requirements of this zoning regulation, may request relief from the strict application of minimum requirements. Relief from the strict application of the minimum requirements is termed a variance and must be filed with the Mayflower zoning Board of Adjustment. The owner of such nonconforming lots shall demonstrate to the board that subject property is so space restricted that the building area is not sufficient to meet minimum building size or yard requirements of the Mayflower Municipal code. (Ord. No. 2000-05, Sec. 4.)

Conditions that affect a variance: The Mayflower zoning Board of Adjustment shall be guided by the following circumstances regarding preexisting nonconforming, lots of record to determine the validity of a variance request:

A. If only one nonconforming (substandard) lot is held by the owner seeking relief, and no other property held by the owner touches subject lot, then the variance may be judged suitable by the board.

B. If two or more nonconforming lots, which lots have a common boundary between any two lots, are in the same ownership the lots shall be combined (replatted). The board will consider then:

  1. If replatted (combined adjoining) lots remain nonconforming then a variance may be issued.
  2. If replatted (combined adjoining) lots achieve conformance then no variance shall be issued. Thus, all area and yard requirements germane to the district shall apply.
  3. The act of replatting shall not leave a lot that is nonconforming, i.e., all land under separate ownership submitted for a variance shall be replatted to conforming. (Ord. No. 2000-05, Sec. 4.)

R-2 (Multi-Family Residential)

The R-2 District provides areas for medium population density. This district is intended for those areas of Mayflower which: (1) have the appropriate public infrastructure in place including, water, sewer and roads, to handle the increased density levels; (2) contain multifamily dwellings, including duplex, triplex, fourplex, townhouses, garden apartments and the like; and (3) undeveloped land areas where multi-family development appears desirable. Areas such as these are generally designated as medium-density residential areas on the city of Mayflower Land Use Plan. In the R-2 District building designs and siting should make maximum utilization of the public open space system and also the private open space within the parcel of land itself while still providing privacy for the occupants.

A. Purpose
Development of attached dwelling units (non-group quarters) at densities of ten (10) or less dwelling units per gross acre, except garden apartments which may be developed at densities of sixteen (16) or less dwelling units per gross acre.

B. Uses Permitted by Right

  1. Duplex, Triplex, and Fourplex dwellings
  2. Townhouse, Garden Apartments
  3. Maintenance facility, rental office and storage space for
    management and residents

The following accessory structures and uses of land shall be permitted provided such structures and uses of land are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building. All accessory uses, except Item No. 3 and Item No. 4, require a city of Mayflower Building Permit. Item No. 4 requires a city of Mayflower Accessory Use Permit as per Section 14.04.07 of this ordinance.

  1. Private auto garages, storage shed or building for the storage of household related goods, and children’s playhouses.
  2. Private greenhouses for non-commercial horticultural purposes.
  3. Flower and vegetable garden.
  4. Home business/occupations in compliance with Section 14.04.09 of this amended ordinance.
  5. Private in-ground swimming pools, tennis courts and similar permanent recreational facilities


Accessory buildings, except private auto garages which are located behind the front building line, may not be located in front yards. All others shall not occupy over twenty-five percent (25%) of the rear yard.

The following uses may be permitted in the R-2 District subject to the approval of a conditional use permit and all required submissions and conditions thereof. (See Section 14.04.07 (Conditional Use Review) for required submissions.

  1. Churches and other religious institutions and their accessory buildings and uses
  2. Nursery school, day care center, elementary school
  3. Public utility buildings and facilities when necessary for service
  4. Single-family detached housing (shine bulk and area requirements)

Maximum: 3 stories not to exceed 40 feet.

Multiple-family dwelling:
For each apartment with no separate bedroom one (1) space; for each apartment with one (1) separate bedroom one and one-half (1-1/2) spaces; for each apartment with two (2) or more separate bedrooms – two (2) spaces. Not more than fifty per cent (50%) of the total area of the minimum required yards shall be occupied by parking spaces, drives, access roads to, from and between such spaces, turnarounds or other surfaces designed for vehicular use.

The requirement to provide and maintain the off-street parking space herein required shall be the responsibility of the operator and owner of the use and the operator and owner of the land on which off-street parking space is required to be provided and maintained. All off- street parking and drives for residential, commercial and industrial uses shall be paved with concrete or asphalt.

None allowed.

Yard and Area Requirements
Yard space as defined in the definition’s sections shall apply. General criteria established in the R-1SB District concerning measurement methodology, the projection of architectural features into yards, and roof overhangs shall apply in the R-2 District.

A. Lot Area for Each Dwelling Unit

  1. Duplex – 3,500 square feet
  2. Triplex – 3,000 square feet
  3. Fourplex – 3,000 square feet
  4. Townhouse – 2,400 square feet
  5. Garden apartments – 1,600 square feet
  6. Single-family same as in R-1SBdistrict


B. Front Yard
There shall be a front yard minimum setback of not less than twenty-five (25) feet. When the development consists of townhouse or garden apartments, the required twenty-five (25) foot front yard setback, measured from the property line, shall be landscaped with trees, grass and shrubs, pedestrian walks to the front of buildings, and maintained in a neat and attractive condition. No parking of vehicles shall be allowed within this front yard setback.

C. Side Yard

  1. Duplex, triplex, and fourplex shall have a minimum side yard of seven feet and six inches for interior lots. Comer lots shall have a side yard on the exterior or street side of not less than twenty-five (25) feet.
  2. Structures utilizing the townhouse or garden apartment design with dwelling units abutting one another without side yards between the individual dwelling units shall have exterior side yards of twenty-five (25) feet between multi-unit structures and, also, when the beginning or terminal end of a structure abuts a street.
  3. For town-house apartments there shall be no more than six (6) dwelling units appended in one structure without an intervening side yard. Garden apartments may have eight (8) units appended before an intervening side yard is required.
  4. The front yard setback distance of individual dwelling units within a multi dwelling building of six (6) or less units shall be diversified (staggered) to assure visible variety in building and yard space relationship. Repetitious monotony of consistent dwelling unit setback should be avoided.
  5. Single-family and smaller lot single-family detached and zero lot-line, same as in R-1SB District.


D. Rear Yard

  1. Duplex, triplex, fourplex: Twenty-five (25) feet, excluding accessory buildings which shall be a minimum of ten (10) feet from the rear property line and no closer to a side lot line than the principal building line.
  2. Townhouse, garden apartments: minimum twenty-five (25) feet.
  3. Single-family and smaller lot single-family detached and zero lot-line as in R-1SB District.


E. Building Coverages
Maximum building coverage for each type of housing permitted shall be thirty-five (35) percent.

An accessory building may be erected detached from the principal building or may be erected as an integral part of the principal building. For purposes of this Zoning Regulation satellite receiving stations are construed to be accessory buildings and shall be screened by appropriate fencing or landscaping means. No accessory building shall be greater than 25 per cent of the principal building in square footage of floor area.

An accessory building attached to the principal building shall be made structurally a part of, and have a common wall with the principal building and shall comply in all respects with the requirements of these regulations applicable to the principal building. Unless so attached, the accessory building shall be located on the rear one-half of the lot.

The set-back requirements for accessory buildings in the various zoning districts are as follows:


A. “R-1”, “R-2”, “R-4” and “R-5” Districts Single-Family Detached
1. side yard, seven feet and six inches
2. rear yard, ten (10) feet

Home business/occupation: An accessory use of a dwelling unit, involving the manufacture, provision, or sale of goods and/or services, which is carried on by members of the immediate family residing on the premises. Home business/occupations shall not include garage sales and yard sales nor home parties which are held for the purpose of the sale or distribution of goods or services. However, if the collective total of all such sales and/or parties exceeds four at any one location in any calendar year such sales and/or parties shall be considered a home business/occupation.

This ordinance separates home business/occupations into two different and distinct categories as
follows:

A. Low Impact Home Business/Occupation.
This type of home business/occupation has little, if any effect on the existing neighborhood. Typically, this type of home business/occupation is an office use where the resident occupant conducts no business other than by telephone, mail, facsimile, or computer modem; where customers are not typically received on the premises; where no deliveries are accepted on a regular basis; and where an office is needed for the purposes of sending and receiving mail, telephone calls, maintaining records, and other similar functions. A low impact home business/occupation is a home business/occupation operated in such a manner that the average neighbor would be unaware of it’s existence. Examples of this type of home occupation include, but are not limited to: artist, telephone solicitors, housecleaners, homemade crafts for sale off-site, baby sitting (five children maximum), tutoring (five pupils maximum), office facility for a salesman, sales representative, or manufacturer’s representative provided that no transactions are made in person on the premises.

B. Moderate Impact Home Business/Occupation
This type of home business/occupation has some type of impact on the existing neighborhood. Typically, this type of home business/occupation is an office use where the resident-occupant conducts business with customers on-site; where equipment, other than office equipment, exist to conduct the home business/occupation; where a company vehicle and/or company trailer exist. A moderate impact home business/occupation is a home business/occupation operated in such a manner that the average neighbor would be aware of its existence due to traffic, noise, or equipment. Examples of this type of home business/ occupation include, but are not limited to; contractor’s office, locksmiths, swimming pool cleaning, financial planning, lawn care/maintenance, day care center (more than 5 children), etc.

Permit Requirements
Home business/occupations complying with the criteria established in this ordinance and defined as low impact occupations shall be permitted by right with no Accessory Use Permit required. Moderate impact occupations shall commence operation only after the receipt of an Accessory Use Permit from the city of Mayflower.

Compliance Criteria for Home Business/Occupations
The home business/occupation permit shall be denied when any of the following conditions are found to exist:

A. More than 33% of the floor space of the principal residential structure (or over 1,000 square feet, whichever is less) shall be used for the operation of the home business/occupation.

B. More than one service or company vehicle shall be parked, stored or maintained on the premises. The following types of vehicles are expressly prohibited at any time:

1. All commercial tow vehicles or vehicle carriers
2. Dump trucks or trash haulers
3. Flat bed or stake bed trucks
4. Trucks or buses used in inter or intrastate commerce
5. Vans with a capacity of one ton or larger, used for other than a private passenger vehicle
6. School or church buses or vans one ton in carrying capacity or greater
7. Any service or company vehicle with a capacity exceeding one ton

C. More than one trailer shall be allowed. (One trailer shall be allowed only as long as the trailer is attached to the service or company vehicle and is used for the transportation of equipment. The one trailer shall not be allowed if disconnected from the service or company vehicle without being stored in a garage or behind an approved fence enclosure. The one trailer shall not be parked or stored in the street, and shall not be parked or stored with trash, rubbish, or other nuisance materials.)

D. Temporary or permanent outside storage of equipment or materials shall be allowed.

E. Use of an accessory structure on this property for storage or any other purpose of conducting the business/occupation.

F. More than one employee or independent contractor shall be permitted to report to the premises for job assignment or to work at the premises. (No more than one employee shall be allowed at the premises, while functioning as an employee, other than immediate family members who reside on the premises.)

G. Additional building or remodeling shall be allowed on the premises to accommodate the home business/ occupation.

H. There shall be a display that will indicate from the exterior that the premises are being utilized in part for any purpose other than that of a dwelling unit.

I. There shall be display of the product(s) visible from the street.

J. A commodity shall be sold upon the premises, except that which is prepared on the premises. (Retail businesses are not allowed.)

K. The home business/occupation shall create a hazard to persons or property, or any offensive conditions such as excessive noise, vibrations, dust, glare, electrical interference, odor, or any other form of pollution of any nature.

L. Mechanical, electrical, or chemical equipment or any form of apparatus shall be utilized which interferes with or substantially disrupts the integrity or the character of the neighborhood.

M. Deliveries that pertain to the business which has an adverse impact on the neighborhood traffic, but shall not include Federal Express, UPS, or similar type earners.


Enforcement Procedures
Any home business/occupation permitted by the city of Mayflower under the Accessory Use Permit provisions shall only be valid for the applicant, business/occupation and residence for which the permit is issued. A home business/ occupation accessory use permit shall be subject to cancellation in the event of any noncompliance with, or continued violation(s) of any provisions of, this ordinance by action of the Mayflower Planning Commission.

Home business/occupation applicants or operators shall agree to permit inspection of the premises by the city of Mayflower, as directed by the Mayor, to determine compliance with the rules and regulations set forth in this ordinance.

Any aggrieved person believing that a violation or violations of this ordinance is occurring and who desires that action be taken by the city of Mayflower shall notify the City Clerk in writing of such alleged violation(s). The City Clerk will provide the Mayor, or his designate, with a copy of the complaint. Within thirty (30) calendar days after receipt by the City Clerk of such written allegation(s), the city of Mayflower, as directed by the Mayor, shall complete an investigation of the allegations(s) to determine the merits thereof. Within ten (10) calendar days after the city of Mayflower, as directed by the Mayor, has completed the investigation, the following actions shall be taken:

A. If the city of Mayflower, as directed by the Mayor, finds no such violation has occurred, then written notification of that finding shall be provided the home business/occupation operator and to the complaining person (or a spokesperson for complaining party) by certified mail.

B. If the city of Mayflower, as directed by the Mayor, finds that a violation has occurred, then written notification of that finding and a time for compliance shall be sent by certified mail to both the violator and the complaining person (or a spokesperson for complaining party). The written notification shall also state what action, if any, will be taken if compliance is not performed within thirty (30) calendar days.

C. If compliance does not take place within the allowed thirty (30) calendar days, or violations continue to occur, the city of Mayflower shall schedule a hearing before the Mayflower Planning Commission to decide whether or not to revoke the Home Business/Occupation Accessory Use Permit. Written notification of the hearing will be sent to the holder of the Home Business/Occupation Accessory Use Permit and the complaining person (or a spokesman for the complaining party) by certified mail.
The Mayflower Planning Commission will review the matter at the hearing and decide whether to revoke the Home Business/Occupation Accessory Use Permit. The Mayflower Planning Commission decision will be effective immediately and written notification will be sent to the violator and the complaining party (or a spokesman for the complaining party) by certified mail.

D. Any person may appeal a decision by the Mayflower Planning Commission to the Mayflower City Council by written appeal provided the Mayflower City Clerk. Oral and written arguments and testimony shall be permitted before the Mayflower City Council.

E. Decisions of the Mayflower City Council are final.

Renewal of Home Business/Occupation Accessory Use Permit
Home business/occupations shall not require renewal provided that there have not been any violations of the provisions of this ordinance. Should violations occur or continue to occur the Mayflower Board of Adjustment reserves the right to revoke the Accessory Use Permit.

Violations
Any person operating or continuing to operate a home business/occupation in violation of the provisions of this Title 14, Zoning Ordinance shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of at least One Hundred Dollars ($100.00), but not more than Five Hundred Dollars ($500.00). Each day in which a violation hereof shall occur constitutes a separate offense.

Preexisting lots of record: Lots that were platted and on public record prior to the enactment of Ordinance 99-5 are preexisting lots of record. (Ord. No. 2000-05, Sec. 4.)

Nonconforming preexisting lots of record: owners of lots, which have been rendered unbuildable due to the minimum lot size and/or yard requirements of this zoning regulation, may request relief from the strict application of minimum requirements. Relief from the strict application of the minimum requirements is termed a variance and must be filed with the Mayflower zoning Board of Adjustment. The owner of such nonconforming lots shall demonstrate to the board that subject property is so space restricted that the building area is not sufficient to meet minimum building size or yard requirements of the Mayflower Municipal code. (Ord. No. 2000-05, Sec. 4.)

Conditions that affect a variance: The Mayflower zoning Board of Adjustment shall be guided by the following circumstances regarding preexisting nonconforming, lots of record to determine the validity of a variance request:

A. If only one nonconforming (substandard) lot is held by the owner seeking relief, and no other property held by the owner touches subject lot, then the variance may be judged suitable by the board.

B. If two or more nonconforming lots, which lots have a common boundary between any two lots, are in the same ownership the lots shall be combined (replatted). The board will consider then:

  1. If replatted (combined adjoining) lots remain nonconforming then a variance may be issued.
  2. If replatted (combined adjoining) lots achieve conformance then no variance shall be issued. Thus, all area and yard requirements germane to the district shall apply.
  3. The act of replatting shall not leave a lot that is nonconforming, i.e., all land under separate ownership submitted for a variance shall be replatted to conforming. (Ord. No. 2000-05, Sec. 4.)

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