Zoneomics Logo
search icon

Leeds City Zoning Code

11.02

Modification or waiver

A.

The screening and planting requirements of this section shall be applied to similarly classified and situated properties but may be modified or waived altogether, in certain cases, by the Planning Commission, where a building site is subject to any of the following circumstances:

1.

Where natural vegetation (trees and/or shrubs) exist on a piece of property, when application is made for a building permit, a strip of natural vegetation shall be left undisturbed until the Zoning Administrator has inspected such area and evaluated it with regard to the width requirements set forth in the Zoning Ordinance for that specific use and zone, as well as suitability. The Zoning Administrator may require the developer to retain a portion of the natural vegetation, where such, exists, as a greenbelt/buffer, rather than require a man-made planting strip or other methods of screening. All such buffers must be of sufficient in both height and density to achieve the desired purpose as a natural barrier.

2.

Where impending development of adjacent property would make these standards unreasonable or impractical.

3.

Where, after inspection by the Zoning Administrator, it is found that two (2) different and incompatible zone districts abut each other but are already separated by a street or alley or where the view from the adjoining district is blocked by a change in grade or other natural or man-made features.

4.

Where a greenbelt or planting strip cannot, in the professional opinion of an expert in the field, be expected to thrive due to poor soil conditions, intense shade or similar conditions.

5.

The fences, where installed, shall be constructed prior to the issuance of a certificate of occupancy.

6.

All plantings shall be permanently maintained in good growing condition by the party or parties required to provide such plantings. When necessary, such plantings shall be replaced with new growth. All fencing shall be permanently maintained in good condition and, whenever necessary, based upon the opinion of the Zoning Administrator, be repaired or replaced by the party or parties required to provide such fences.

7.

In special cases, where the site and/or rear yards may be inadequate to meet the requirements for the buffer strip, the Planning Commission shall determine, based upon the site plan review or other pertinent information requested, an alternative method of screening or separation.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)