Planning & Zoning FAQ

Who can apply for a zoning change?  The planning commission, City of Maysville, Mason County Fiscal Court, or property owner.

What are the procedures for a rezoning?  Applications for a rezoning must be received by the administrative officer at least 30 days prior to a planning commission meeting, along with a check for $500 (made out to City of Maysville).  The $500 fee is used to offset the cost of notifying adjoining property owners of the public hearing, placing notification in the local newspaper for the public hearing, and publishing the ordinance should a rezone be approved.  A public hearing must be conducted by the planning commission, and in such, all adjoining property owners including those located across a street are notified by certified mail; a notification sign is placed on the property applying for the rezoning; and notification is placed in the Ledger Independent.  After the public hearing, the planning commission forwards Findings of Fact and a recommendation to the City of Maysville.  The City must then have two readings of an ordinance, and the ordinance must be published in the Ledger Independent before the rezoning is final.  This process takes 2-3 months.

What if the planning commission denies my rezoning request?  The City of Maysville can over-rule the planning commission by either conducting their own public hearing, or relying on the record from the planning commission’s public hearing.  A majority vote by the City Commission is needed to over-rule the planning commission’s decision.

Can a property owner apply to change the text of the land use ordinance?  No.  This is reserved for the planning commission or legislative body.  It is recommend that if a citizen wants something changed in the ordinance, he/she first talk with the administrative official, and then possibly petition the City Commission.

I want to buy some land and build a house; what procedures must I follow?  First, you must determine what zone the property you want to purchase is in to see if single-family dwellings are permitted, and if so, what the minimum lot size is.  If the existing property is to be subdivided for your lot, you must have a plat produced by a licensed surveyor.  This plat must then be approved by the administrative official or planning commission.

What is a plat?  A plat is document that details the metes and bounds of the property being purchased.  This document, once approved, is attached to the deed and recorded in the Mason County Clerk’s office.

Can I build more than one house on one lot?  No.  A separate building lot is required for each dwelling.

What are setbacks?  Setbacks are the distance a permanent structure, such as a house or accessory building, must be from the property line.  Front setbacks are measured from the road right-of-way.

What happens if my proposed house or accessory building cannot meet the setback requirements?  You must apply for a Variance via the Board of Adjustment.  There must be a reason, such as topography, existing leach lines, etc. for the Board to approve the request.

Does an approved variance go with me to my new property?  No.  A variance stays with the property it was applied for.

Can I replace my existing mobile home with a new one?  Only if the mobile home is located in a Manufactured Home Zone; otherwise, the mobile home must be replaced with a single-family dwelling.

I have property in a historic district and I want to make changes to its exterior; can I do this?  Yes.  If the proposed changes do not change the exterior look of the structure, and you utilize the same materials, you do not need approval.  If the changes will change the look of the structure, you must fill out a Certificate of Appropriateness and submit your proposal to the Board of Architectural Review.  Regardless, it is advised that you consult with the administrative official.

Do I need a permit to place a sign on my business?  Yes.  Depending on what zone your business is in will determine the placement, number, and size of the sign(s).

Can I place an off-premise sign directing traffic to my business?  No.  Off premise signs are not permitted, except for billboards in the Agricultural Transition Zone (A-1).

Can I open a business out of my home?  Yes, but allowable uses include, but are not limited to professional offices (i.e. an attorney), workshops, studios, and personal services (i.e. a beauty shop).  Please keep in mind that neither retail sales, or processing (manufacturing) of any product shall be allowed.  Please consult with the zoning administrator for more information and review the private covenants/deed restrictions for your property (if such exist).

What are private covenants/deed restrictions?  Private covenants are usually recorded with the plat for your property.  You should always look at your private covenants before taking any action on your property; and then consult with the zoning administrator.

Can I put a fence on my property?  Yes, but please consult with the zoning ordinance to see where fences are allowed in your zone.

How many yard sales can I have each year?  Two yard sales are permitted each calendar year on the same property.

Where can I store my recreational vehicle?  Recreational vehicles owned by the property owner may be stored in the side or rear yard.  No more than two may be stored on the property.