V - GENERAL REGULATIONS
The following general regulations pertain to the administration of, enforcement of and compliance with this Ordinance.
(Ord. No. 2015-06-06, 6-15-2015)
No structure shall be constructed, erected, placed or maintained and no land use commenced or continued in the City of Leeds except as specifically or by necessary implication, authorized by the City.
(Ord. No. 2015-06-06, 6-15-2015)
A.
No land may be used except for a purpose permitted in this district of its location.
B.
No building shall be: erected, converted, enlarged, reconstructed, moved or structurally altered; and, it shall adhere to the use permitted in the district in which it is located.
C.
No building shall be: erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the area and height limits of the district in which the building is located.
D.
The minimum building line, number of parking spaces, open spaces, including lot area per family, required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected, shall not be encroached upon or considered as a required building or open space for any other building, nor shall any lot area be reduced below the requirements of this Ordinance.
E.
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building and one main use on one lot. Accessory structures shall not include living quarters. In addition, sanitary facilities will not be permitted in accessory structures without the approval of the city council.
F.
Buildings or structures hereafter constructed in the City of Leeds shall conform to all applicable provisions of the American National Standard for Buildings and Facilities for Physically Disabled and/or Handicapped. [Note: It should be noted that certain types of buildings are exempt from these requirements.]
(Ord. No. 2015-06-06, 6-15-2015)
No structure shall be erected, structurally altered for or used as, a single-family or two-family dwelling simultaneously with any other use.
(Ord. No. 2015-06-06, 6-15-2015)
Utility structures including, but not limited to: poles, wires, cross arms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide cable television, telephone or telegraph service and pipe lines, vents, valves, hydrants, regulators, meters, and other facilities necessary for the transmission or distribution of gas, oil, water and other utilities may be constructed, erected, repaired, maintained or replaced within any district of the City of Leeds. This is not to be construed to include the erection or construction of buildings. See District regulations for public utility facilities and services.
(Ord. No. 2015-06-06, 6-15-2015)
Within the districts established by this Ordinance or amendments that may later be adopted, there exists: lots, structures, uses of land and structures, and characteristics of use which were lawful before the Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that non-conformities shall not be enlarged upon, expanded, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district in which the non-conforming use is located.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where a lot of record existed at the time of the effective date of this Ordinance, having less area or width then herein required for the district in which it is located, the following shall apply:
1.
Said lot may none-the-less be used as a building site provided the yard space and other requirements conform as closely as possible to the requirements of the district in which it is located. This, in the opinion of the Zoning Board of Adjustment.
2.
The provision, in 1, shall not apply when two or more lots exist together, with contiguous frontage in single ownership at the time of passage of this Ordinance or any time thereafter. Such land shall be considered to be an undivided parcel for the purpose of this Ordinance and shall not be used or sold in a manner which creates lot area or width below the requirements stated in this Ordinance.
(Ord. No. 2015-06-06, 6-15-2015)
A lawful non-conforming use existing at the effective date of adoption of this Ordinance may be continued, except as hereafter provided; even though, such use does not conform with the provisions of this Ordinance subject to the conditions outlines in § 6.01.
(Ord. No. 2015-06-06, 6-15-2015)
Nothing in this Ordinance shall prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities.
(Ord. No. 2015-06-06, 6-15-2015)
No non-conforming building or structure which has been damaged by fire or act of God or other causes to the extent of more than fifty percent (50%) of its current replacement value, it may be rebuilt or restored and used as before the damage, provided that such building or restoration is completed within twelve (12) months of the date of such damage.
(Ord. No. 2015-06-06, 6-15-2015)
A non-conforming use that has been abandoned or the use discontinued for a continuous period of one (1) year shall not be re-established and any future use shall be in conformity with all applicable provisions of this Ordinance.
(Ord. No. 2015-06-06, 6-15-2015)
See Article VII, § 17.00, MR Municipal Reserve District for annexation procedures.
(Ord. No. 2015-06-06, 6-15-2015)
A non-conforming use shall not be changed to another non-conforming use.
(Ord. No. 2015-06-06, 6-15-2015)
Whenever any street, alley or other public way is vacated or abandoned by an official action of the City of Leeds, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of the same and all the area included therein shall then be subject to all appropriate regulations of the extended district.
(Ord. No. 2015-06-06, 6-15-2015)
No lot shall be reduced in area so that yards and other open spaces total less than the minimum area required under this Ordinance (See subsection 6.01.)
(Ord. No. 2015-06-06, 6-15-2015)
A structure or building conforming to the use regulations of a district, but not conforming to other provisions of this Ordinance, may be enlarged or altered, provided that such enlargement or alteration conforms to the provisions of this Ordinance. For instance, a house in a residential district with three bedrooms can have alterations made to it by way of adding a bedroom and a bathroom, provided it still conforms to other requirements of this Ordinance such as setbacks, building height, etc.
(Ord. No. 2015-06-06, 6-15-2015)
Any building or structure that is to be moved to any location within the city limits of the City of Leeds shall be considered for the purpose of this Ordinance to be a new building under construction, and as such, shall conform to all applicable provisions of this Ordinance.
(Ord. No. 2015-06-06, 6-15-2015)
The following sections shall be applicable to all the zoned districts in the City of Leeds:
(Ord. No. 2015-06-06, 6-15-2015)
A.
The Buffer requirements shall conform to the values indicated in the Buffer Matrix.
B.
The Planning Commission reserves the right to require additional buffer supplements, over and above the prescribed buffer widths as shown on the Buffer Matrix. The elements of pollution; air; noise; etc.; nuisances; contiguity of grossly incompatible land uses; and other factors may justify the requirement for additional buffer requirements.
C.
Plans for large buffer areas between incompatible uses, shall be represented in scaled drawings, indicating: contours, areas with planted material, berms (natural and artificial), etc. Impervious surfaces shall be reduced to an absolute minimum and all water runoff and drainage facilities shall be adequately shown on these drawings.
D.
In large commercial and industrial areas, parking areas/lots may be used as a part of a barrier, only in the fulfillment of the distance requirements provided in the Buffer Matrix. Other significant factors, such as: air pollution, noise reduction, drainage and surface runoff, etc. occurring due to a large number of vehicles, large impervious surface areas, the nature of an operation, etc. shall be adequately accounted for through the use of trees, shrubs, berms, drainage systems and other appropriate improvements.
(Ord. No. 2015-06-06, 6-15-2015)
A.
The following additional regulations shall apply to all the districts, unless otherwise stipulated:
1.
Administrative and Review Procedures, Article III.
2.
Definitions, Article IV.
3.
General Regulations, Article V.
4.
Supplemental Regulations, Article VII.
5.
Special Exception Uses, Article VIII.
6.
Off-Street Parking and Loading Regulations, Article IX.
7.
Sign Regulations, Article X.
(Ord. No. 2015-06-06, 6-15-2015)
All public buildings shall have a front yard setback of fifty feet (50'). In all other residential districts, where permitted, public buildings shall have: a rear yard of thirty-five feet (35'), a side yard of thirty-five feet (35'), a maximum height of forty-five feet (45').
(Ord. No. 2015-06-06, 6-15-2015)
V - GENERAL REGULATIONS
The following general regulations pertain to the administration of, enforcement of and compliance with this Ordinance.
(Ord. No. 2015-06-06, 6-15-2015)
No structure shall be constructed, erected, placed or maintained and no land use commenced or continued in the City of Leeds except as specifically or by necessary implication, authorized by the City.
(Ord. No. 2015-06-06, 6-15-2015)
A.
No land may be used except for a purpose permitted in this district of its location.
B.
No building shall be: erected, converted, enlarged, reconstructed, moved or structurally altered; and, it shall adhere to the use permitted in the district in which it is located.
C.
No building shall be: erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the area and height limits of the district in which the building is located.
D.
The minimum building line, number of parking spaces, open spaces, including lot area per family, required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected, shall not be encroached upon or considered as a required building or open space for any other building, nor shall any lot area be reduced below the requirements of this Ordinance.
E.
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building and one main use on one lot. Accessory structures shall not include living quarters. In addition, sanitary facilities will not be permitted in accessory structures without the approval of the city council.
F.
Buildings or structures hereafter constructed in the City of Leeds shall conform to all applicable provisions of the American National Standard for Buildings and Facilities for Physically Disabled and/or Handicapped. [Note: It should be noted that certain types of buildings are exempt from these requirements.]
(Ord. No. 2015-06-06, 6-15-2015)
No structure shall be erected, structurally altered for or used as, a single-family or two-family dwelling simultaneously with any other use.
(Ord. No. 2015-06-06, 6-15-2015)
Utility structures including, but not limited to: poles, wires, cross arms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide cable television, telephone or telegraph service and pipe lines, vents, valves, hydrants, regulators, meters, and other facilities necessary for the transmission or distribution of gas, oil, water and other utilities may be constructed, erected, repaired, maintained or replaced within any district of the City of Leeds. This is not to be construed to include the erection or construction of buildings. See District regulations for public utility facilities and services.
(Ord. No. 2015-06-06, 6-15-2015)
Within the districts established by this Ordinance or amendments that may later be adopted, there exists: lots, structures, uses of land and structures, and characteristics of use which were lawful before the Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that non-conformities shall not be enlarged upon, expanded, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district in which the non-conforming use is located.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where a lot of record existed at the time of the effective date of this Ordinance, having less area or width then herein required for the district in which it is located, the following shall apply:
1.
Said lot may none-the-less be used as a building site provided the yard space and other requirements conform as closely as possible to the requirements of the district in which it is located. This, in the opinion of the Zoning Board of Adjustment.
2.
The provision, in 1, shall not apply when two or more lots exist together, with contiguous frontage in single ownership at the time of passage of this Ordinance or any time thereafter. Such land shall be considered to be an undivided parcel for the purpose of this Ordinance and shall not be used or sold in a manner which creates lot area or width below the requirements stated in this Ordinance.
(Ord. No. 2015-06-06, 6-15-2015)
A lawful non-conforming use existing at the effective date of adoption of this Ordinance may be continued, except as hereafter provided; even though, such use does not conform with the provisions of this Ordinance subject to the conditions outlines in § 6.01.
(Ord. No. 2015-06-06, 6-15-2015)
Nothing in this Ordinance shall prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities.
(Ord. No. 2015-06-06, 6-15-2015)
No non-conforming building or structure which has been damaged by fire or act of God or other causes to the extent of more than fifty percent (50%) of its current replacement value, it may be rebuilt or restored and used as before the damage, provided that such building or restoration is completed within twelve (12) months of the date of such damage.
(Ord. No. 2015-06-06, 6-15-2015)
A non-conforming use that has been abandoned or the use discontinued for a continuous period of one (1) year shall not be re-established and any future use shall be in conformity with all applicable provisions of this Ordinance.
(Ord. No. 2015-06-06, 6-15-2015)
See Article VII, § 17.00, MR Municipal Reserve District for annexation procedures.
(Ord. No. 2015-06-06, 6-15-2015)
A non-conforming use shall not be changed to another non-conforming use.
(Ord. No. 2015-06-06, 6-15-2015)
Whenever any street, alley or other public way is vacated or abandoned by an official action of the City of Leeds, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of the same and all the area included therein shall then be subject to all appropriate regulations of the extended district.
(Ord. No. 2015-06-06, 6-15-2015)
No lot shall be reduced in area so that yards and other open spaces total less than the minimum area required under this Ordinance (See subsection 6.01.)
(Ord. No. 2015-06-06, 6-15-2015)
A structure or building conforming to the use regulations of a district, but not conforming to other provisions of this Ordinance, may be enlarged or altered, provided that such enlargement or alteration conforms to the provisions of this Ordinance. For instance, a house in a residential district with three bedrooms can have alterations made to it by way of adding a bedroom and a bathroom, provided it still conforms to other requirements of this Ordinance such as setbacks, building height, etc.
(Ord. No. 2015-06-06, 6-15-2015)
Any building or structure that is to be moved to any location within the city limits of the City of Leeds shall be considered for the purpose of this Ordinance to be a new building under construction, and as such, shall conform to all applicable provisions of this Ordinance.
(Ord. No. 2015-06-06, 6-15-2015)
The following sections shall be applicable to all the zoned districts in the City of Leeds:
(Ord. No. 2015-06-06, 6-15-2015)
A.
The Buffer requirements shall conform to the values indicated in the Buffer Matrix.
B.
The Planning Commission reserves the right to require additional buffer supplements, over and above the prescribed buffer widths as shown on the Buffer Matrix. The elements of pollution; air; noise; etc.; nuisances; contiguity of grossly incompatible land uses; and other factors may justify the requirement for additional buffer requirements.
C.
Plans for large buffer areas between incompatible uses, shall be represented in scaled drawings, indicating: contours, areas with planted material, berms (natural and artificial), etc. Impervious surfaces shall be reduced to an absolute minimum and all water runoff and drainage facilities shall be adequately shown on these drawings.
D.
In large commercial and industrial areas, parking areas/lots may be used as a part of a barrier, only in the fulfillment of the distance requirements provided in the Buffer Matrix. Other significant factors, such as: air pollution, noise reduction, drainage and surface runoff, etc. occurring due to a large number of vehicles, large impervious surface areas, the nature of an operation, etc. shall be adequately accounted for through the use of trees, shrubs, berms, drainage systems and other appropriate improvements.
(Ord. No. 2015-06-06, 6-15-2015)
A.
The following additional regulations shall apply to all the districts, unless otherwise stipulated:
1.
Administrative and Review Procedures, Article III.
2.
Definitions, Article IV.
3.
General Regulations, Article V.
4.
Supplemental Regulations, Article VII.
5.
Special Exception Uses, Article VIII.
6.
Off-Street Parking and Loading Regulations, Article IX.
7.
Sign Regulations, Article X.
(Ord. No. 2015-06-06, 6-15-2015)
All public buildings shall have a front yard setback of fifty feet (50'). In all other residential districts, where permitted, public buildings shall have: a rear yard of thirty-five feet (35'), a side yard of thirty-five feet (35'), a maximum height of forty-five feet (45').
(Ord. No. 2015-06-06, 6-15-2015)