Words in the text or tables of this ordinance shall be interpreted in accordance with the provisions set forth in this section. Where words have not been defined, the standard dictionary definition shall prevail. In any case, the Planning Commission shall have the right to interpret the definition of the word.
Definition of Terms
Abutting: Having property or district lines in common. Since zoning district lines fall to the center line of a street, alley or waterway, and for purposes of notifying abutting property owners in the case of a proposed zoning change, lots which appear physically separated abut at said street center line.
Access: The way or means by which a piece of property is approached or entered.
Accessory Building or Use: A building or use which: (1) is subordinate to and serves a principal building or principal use; (2) is subordinate in area, extent, or purpose to the principal building or principal use served; (3) contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use; and (4) is located on the same zoning lot as the principal building or principal use.
Addition: Any construction which increases the size of a building such as a porch, attached garage or carport, or a new room or wing.
Alley: A permanent public service way which affords only a secondary means of access to abutting property.
Apartment: See Dwelling, Multiple.
Authorized Agent: A person or persons authorized by the landowner to act in his behalf.
Automobile Filling Station: A facility primarily for the retail sale of fuels for automobiles and light trucks. Accessory sales of convenience items may be included; however, installation of auto parts, accessories or repairs is prohibited. A coin operated car wash is an acceptable accessory use.
Automobile Service Center: A center may include the activities of an automobile filling station, and in addition may include the sale and/or installation of tires, brakes, mufflers, tune-ups, oil change, lubrication or any combination of the above. Major repair or body work is prohibited. In addition, outdoor storage of customer vehicles is permitted only during normal business hours of the service center.
Basement: That portion of a building below the first floor joists, that may be enclosed for occupancy, with at least half the ceiling height below the mean level of the ground on which the building sits.
Buffer: A strip of land established to protect one type land use from another with which it is compatible. A buffer strip is landscaped and kept in open space. The term buffer zone may be used more broadly to describe any zone that separates two unlike zones such as a multi-family zone between a single-family zone or a commercial zone.
Buildable Area: The space remaining for construction on a lot after the minimum area requirements (yards, setbacks, coverage) have been met.
Building: See Structure
Building, attached: A building which shares a continuous wall, roof, floor, or other structural element with another adjacent building.
Building, detached: A building having no wall, roof, floor, or other structural element in common with another building.
Building, Facade: The area of a single building elevation which encompasses all of such elevation from ground or grade level to the top, and from one side to the other side of the building.
Building, Height: The vertical distance as measured through the central axis of the building from the elevation of the lowest finished floor level to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof.
Building Line: A line, usually fixed parallel to a lot line, beyond which a building cannot extend into the front yard under the terms of the
Building, Nonconforming: An existing building which fails to comply with the regulations (for height, size, area yards and location) set forth in this ordinance applicable to the district in which this building is located.
Building, Principal: A building in which is conducted the main or principal use of the lot on which said building is situated.
Certificate of Occupancy: Official certification that a premise conforms to provisions of the zoning ordinance (and building code) and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless a certificate is issued, a structure cannot be occupied.
City: The city of Mayflower, Arkansas.
City Clerk: An appointed position which has responsibility for official correspondence with
the municipal government.
City Recorder: An appointed position which has full responsibility for all records of the City.
City Council: The City Council of the city of Mayflower.
Commission: The Mayflower Planning Commission.
Conditional Use: Uses permitted in zones where they are specifically listed as conditional uses and are subject to special conditions as determined by the Planning Commission.
Corner Lot: A lot located at the intersection of two streets.
District: See Zoning District.
Dwelling, attached: Adjoining dwelling units, each of which is separated from the others by one or more unpierced common wall extending from ground to roof.
Dwelling, Multiple Family: Attached dwellings designed for or occupied by more than three families.
Dwelling, Single-Family Detached: A free standing dwelling designed for and occupied by not more than one family. The following types of structures may be construed to be Dwellings, Single-Family Detached:
A. Manufactured Home (see definition)
B. Prefabricated Home (see definition)
C. Stick-built, Conventional Home (see definition)
Dwelling, Two Family: (Duplex) A building designed for and occupied by not more than two families in separate dwelling units, living independent of each other.
Dwelling, Three Family: (Tri-plex) A building designed to be occupied by not more than three families in separate dwelling units, living independent of each other.
Dwelling, Four Family: (Four-plex) A building designed to be occupied by not more than four families in separate dwelling units, living independent of each other.
Dwelling or Dwelling Unit: Any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.
Easement: A right-of-way or parcel of land specified or set aside for a specific use, normally used for access, utilities, and other public or private usages given by the owner of land to another party.
Eaves: The weather protective overhanging lower edge of a roof.
Enforcement Officer: A person employed by the city of Mayflower designated by the Mayor to review site plans, interpret the zoning map, issue building permits, issue certificates of occupancy, perform zoning and building related inspections, and other duties as may be specified by the Mayor of Mayflower.
Family: In addition to customary domestic servants, either (a) an individual or two or more persons related by blood, marriage or adoption, maintaining a common household in a dwelling unit; or (b) a group of not more than four persons who are not related by blood, marriage or adoption, living together as a common household in a dwelling unit, or (c) a group of not more than eight unrelated mentally retarded or physically handicapped persons which may include two additional persons, acting as house parents or guardians who need not be related to each other, or to any of the mentally retarded or physically handicapped persons in the group.
Fence: A man-made barrier constructed to provide privacy or visual separation between one ownership and another.
Filing Fee: Payment in legal tender to the City Clerk at the time of application for approval by the Mayflower Planning Commission or the City Council.
Flood Hazard Boundary Map (FHBM): An official map of a community, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have been designated as Zone A.
Flood Insurance Rate Map (FIRM): An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Flood Insurance Study: The official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the Flood Hazard Boundary Floodway Map.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Floor Area: The total area of all floors of a building measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, attached garages, porches and balconies.
Garden Apartments: The combination of row houses or townhouse with walk-up flats. The name and definition imply low land coverage and ample open space between buildings.
Loading Space (Off-Street): An unobstructed, hard surface area no part of which is located in any street or public right-of-way and the principal use of which is for the standing, loading or unloading of trucks and trailers.
Lot: A parcel of land legally defined in a recorded deed or a recorded plat, fronting on a public dedicated right-of-way or other approved private drive. Said lot shall establish one building site and comply with the Subdivision Rules and Regulations in effect for the City of Mayflower, Arkansas.
Lot Area: The total horizontal area included within legally defined lines enclosing the lot.
Lot Coverage: The percentage of lot area occupied by the principal and accessory buildings on such lot.
Lot Depth: The mean horizontal distance between the front lot line and the rear lot line.
Lot, Double Frontage: A lot having frontage on two nonintersecting streets.
Lot, Interior: A lot other than a comer lot.
Lot Line, Front: The property boundary line that runs common with and adjacent to any street frontage or right-of-way separating the lot from such street; in the case of a double frontage lot or a comer lot, each line separating such lot from the street shall be considered a front lot line.
Lot Line, Rear: That property boundary line which is generally parallel to and most distant from the front lot line of the lot.
Lot Line, Side: A lot line other than a front or rear lot line.
Lot Lines: The property boundary lines.
Lot of Record: A parcel of land that is a lot in a subdivision recorded on the records of the Faulkner County Recorder’s Office, or that is described by a metes and bounds description which has been so recorded prior to the Subdivision Regulations in effect, or lots exempt from those regulations.
Lot Width: The mean horizontal distance between the side lot lines of a lot measured at right angles to the depth; measurements shall be made at the front building line.
Manufactured Home: A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards (see 24 CFR 3280 for legal definition).
Mayor of Mayflower: The chief executive position of the city, responsible for all aspects of City Government. When referred to in this document shall mean Mayor of Mayflower or his/ her designated representative.
Mobile Home: A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
Nonconforming Building or Structure: Any building or structure lawfully existing on the effective date of this ordinance, as amended, which does not comply with all of the regulations of this ordinance for governing parking or bulk and area requirements for the zoning district in which such building or structure is located; provided, however, any building containing more than one dwelling unit in addition to the number permitted by the district regulations in the district where it is located shall be deemed to be a nonconforming use rather than a nonconforming building.
Nonconforming Use: Any use lawfully being made of any land, building or structure, on the effective date of this ordinance, as amended, which does not comply with all the regulations of this ordinance governing use for the zoning district in which such land, building or structure is located.
Opaque: As applies to a fence or screen, required in this ordinance, means a fence or screen that blocks the vision of a person standing on the ground or makes things, on the opposite side of the fence or screen from the viewer, indiscernible.
Open Space: That portion of the landscape which has not been built over and which is sought to be reserved in its natural state or for agricultural or outdoor recreation use. This definition does not include parking lots, cemeteries, storage yards, dumps, depots, or fire safety zones.
Parking Lot: Any area subject to vehicular traffic including access areas used for parking, except for single-family or two-family development.
Parking Space, Off-Street: A space for the parking of a motor-driven vehicle within a parking lot and having a permanent means of access to a street right-of-way without requiring passage through another parking space. Said space shall meet all dimension and angle criteria in the Off-Street Parking and Loading Section of this Regulation.
Plan: A fully dimensioned drawing which illustrates in detail all elements of a development proposal included, but not limited to, property lines, streets, easements, structural elements and landscaping. A plan may be prepared by a registered land surveyor, architect or engineer appropriately certified.
Plan, Preliminary: A fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements and landscaping. A preliminary plan may be prepared by a registered land surveyor, architect or engineer. A preliminary plan further includes all development phase lines providing construction stages, topography, drainage and other natural land features.
Plan, Final: A fully dimensioned drawing which illustrates in detail all elements of a development proposal including, but not limited to, property lines, streets, easements, structural elements, landscaping. A final plan may be prepared by a registered land surveyor, architect or engineer. A final plan further contains proper certification for accuracy and deletes natural land features. Natural land features and elements illustrated on a preliminary plat are replaced in the final plan by structural elements such as walls, ditches, and other drainage facilities intended to alter land forms.
Planning Commission: The city of Mayflower Planning Commission.
Plat: A fully dimensioned drawing which illustrates in detail all elements of the subdivision of property including but not limited to property lines, streets, easements, drainage facilities, utilities, legal notation and the like. The plat is suitable for filing for record with the Circuit Clerk of Faulkner County.
Plot-plan: A map, drawn to scale, showing the dimensions of the lot or parcel, external building dimensions, its location and orientation on the lot or parcel, the use of the building and grounds, vehicular and pedestrian access, any easements or right-of-ways, and any other information necessary to ensure proper compliance with land use regulations or other regulations as may be applicable.
Pre-fabricated Home: A detached single-family dwelling that is constructed in component parts such as assembled walls, trusses, joists, and the like, at a site other than the site intended for occupancy and transported to the final site for occupancy. The dwelling shall have the following characteristics: (a) meet or exceed the building codes of the city of Mayflower; (b) shall require the construction of a foundation or footings at the final site; and (c) the component parts are erected at the site intended for occupancy to complete the dwelling.
Principal Use: The use which fulfills the primary function of an establishment, institute, household, or other entity.
Reclassification: An amendment to or a change in the zoning ordinance reflecting a change or revision or modification of the zoning district boundary map.
Residence: A building or part of a building containing one or more dwelling units or rooming units. However, residences do not include: a. Such transient accommodations as a transient hotels, motels, tourist homes, or similar establishments; or b. Dormitories, fraternity or sorority houses, monasteries or convents, or similar establishments containing group living or sleeping accommodations; or c. Nurses’ residences, sanitariums, nursing homes, convalescent homes, rest homes, or other sleeping or living accommodations in community facility buildings or portions of buildings used for community facility uses.
Retirement Center: A multi-family development intended for the primary use of retired persons and not open for rental or sale (in the case of a condominium arrangement) to the general public.
Right-of-Way, Public: An area of land deeded, reserved by plat, or otherwise accepted and maintained by the city of Mayflower, Faulkner County or the State of Arkansas for public use.
Satellite Receiving Antenna: A dish-shaped antenna that is the visible component of a satellite earth station. It is a broadcast receiver that allows the reception of television and other signals direct from a satellite.
Set-Back: The required minimum distance between the building line and the related front, side, or rear property line. This is the area in which a building shall not exceed.
Site Plan Review: The process whereby the Planning Commission reviews the site plans and maps of a developer to assure that they meet the stated purposes and standards of this ordinance.
Stick-built, Conventional Home: A detached single-family dwelling that is principally constructed at the site intended for occupancy from lumber and appropriate various materials that predominantly are not pre-assembled. The dwelling shall have the following characteristics: (a) meet or exceed the building codes of the city; and (b) shall require the construction of a foundation or footings at the site for occupancy.
Storm Cellar: An accessory structure designed and used for the purpose of taking refuge from the inclement weather or other pending disaster. Generally, storm cellars are made of concrete and situated mostly or wholly below the surface of the ground.
Structural Alteration: Any external change in either the supporting members of a building, such as: a bearing wall, column, beam or girder; or in the dimension or configuration of the roof or other exterior wall.
Structure: Anything constructed or erected or installed by man, the use of which requires more or less permanent location on the ground or attached to something, or attached to something having a permanent location on the ground, including but not limited to buildings, towers, and smokestacks.
Town House: A row of houses (up to six) connected by common side walls. A single dwelling unit may be one or two stories.
Use: A purpose to which land is committed.
Variance: An exception from the strict application of the provisions of this ordinance.
Yard, Front: The required area of open space extending across the full width of the lot, depth of which shall the least distance between the front lot line and the nearest point of the main building or of any open, unenclosed porch or paved terrace as measured from the exterior face of the building foundation.
Yard, Rear: The required area of open space extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such building.
Yard, Side: The required area of open space between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard, the width of which shall be the least distance between the side lot line and the nearest point of the main building.
Yard, Exterior: Any yard which is adjacent or parallel to a public or private right-of-way.
Yard, Interior: Any yard which does not run adjacent to or parallel with a public or private right-of-way.
Zoning District: An area of land designated in the zoning ordinance in which requirements for the use of land and building and development standards are prescribed.
Zoning District Boundary: That boundary line which separates unlike zoning districts.
Zoning District Map: A map maintained by the city of Mayflower, illustrating the areas of the city assigned a zoning district and such extraterritorial zones as might be permitted by state statutes.
Mayflower Municipal Codes
