General
Subsections 10.2 through 10.4 describe the special conditions under which certain uses are permitted in a zoning district.
Flammable Liquids and Gases. Storage of:
The storage of flammable liquids and gases shall comply with the State of Arkansas Fire Prevention Code.
Home Occupations
Purpose
The purpose of the home business/occupation provisions is to allow only home business/occupations that are compatible with the residential neighborhood in which they are located.
Definitions
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:
- If replatted (combined adjoining) lots remain nonconforming then a variance may be issued.
- 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.
- 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.)
Nonconforming lot granted a variance: Any lot or parcel of land in any zoning district that was granted a variance under the preceding regulations may be used as a building site subject to the following provisions:
A. Side yard requirements: On any such lot or parcel, the yard requirements of these regulations shall be complied with if said requirements do not reduce the net buildable width of the lot below forty feet (40′). If the net buildable width of the lot falls below forty feet (40′), then the side yard requirements may be reduced so that:
- Any interior side yard shall not exceed ten percent (10%) of the width of the lot; and
- Any exterior side yard shall not exceed twenty percent (20%) of the width of the lot or eight feet (8′), whichever is greater.
B. Front and rear yard requirements: On any such lot or parcel, the front and rear yard setback requirements shall not reduce the net buildable depth of the lot below fifty feet (50′). If the front and rear yard requirements do reduce the net buildable depth below fifty feet (50′), then front and rear yard requirements may be reduced to that of:
- The front yard shall not exceed fifteen percent (15%) of the depth of the lot; and
- The rear yard shall not exceed ten percent (10%) or the depth of the lot, or ten feet (10′), whichever is greater. (Ord. No. 2000-05, Sec. 4.)
