The Zoning Board of Adjustment shall approve all proposed development involving non-conforming lots of record. (See Article V, § 6.00 and subsection 6.01.)

(Ord. No. 2015-06-06, 6-15-2015)

A.

Every part of a required yard shall be open to the sky, unobstructed by any structure or part thereof and unoccupied for storage, servicing or similar uses, except as provided for herein.

B.

More than one (1) multiple dwelling, office, institutional, industrial or public buildings may be located upon a lot or tract of land, but such dwellings shall not encroach upon the front, side or rear yards required by the district regulations in which located.

(Ord. No. 2015-06-06, 6-15-2015)

A.

If forty percent (40%) or more land area of a site, on the same side of a street between two intersecting streets, is being developed or will be developed in the future, then the following rules shall apply. In the event the existence of a building or buildings, the front yard requirements of the district in concern may or may not be met. If the existing front yards of such buildings shall not be erected closer to the street than that distance established by taking the average front yard depths of the existing dwellings.

B.

Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is presently developed or may hereafter be developed with buildings that do not have a front yard as described in A, the following shall apply:

1.

Where a building is to be erected on a parcel of land that is within one hundred feet (100') of an existing building on both sides, the minimum front yard shall be the line drawn between the closest front corners of the adjacent buildings.

2.

Where a building is to be erected on a parcel of land that is within one hundred feet (100') of an existing building on one (1) side only, such building may be erected as close to the street as the existing building.

C.

Through lots shall provide the required front yard on both streets.

D.

Corner lots shall provide a front yard on each street.

(Ord. No. 2015-06-06, 6-15-2015)

Where a lot abuts an alley, one-half (½) of the alley width may be considered as part of the required rear yard.

(Ord. No. 2015-06-06, 6-15-2015)

A.

Any limitation on the height shall not apply to the buildings used exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the district in which they are located.

B.

All chimneys, cooling towers, elevators, bulkheads, fire towers, gas tanks, steeples, penthouses, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, wireless, television or radio towers or necessary mechanical appurtenances, where permitted, may be erected to any height not in conflict with existing or hereafter adopted ordinances of the City of Leeds. Where permitted, in connection with residential uses, such structures shall be limited to a height of twenty-five feet (25') above the average height of structures in that district.

(Ord. No. 2015-06-06, 6-15-2015)

A.

No fence shall be allowed beyond the front yard setback line in any single-family residential district.

1.

Fences allowed within front yard setback in any single-family residential district

a.

Fence shall not exceed a height of thirty-six (36) inches, and

b.

Must be wooden picket fence or wrought iron fence.

B.

The height requirements in any single-family residential zone shall be as follows:

1.

Fences constructed on a side or rear yard lot line or behind the required front yard, as set forth elsewhere in these regulations shall not exceed a height of six and one-half feet (6' 6") as measured from the topmost point of the fence to the ground or surface along the center line of the fence.

C.

The following types of fences are permitted in residential districts: masonry walls, ornamental (iron), woven wire (chain link), wood or other man-made materials and hedges.

D.

The following type of fences are prohibited: any fence carrying electric current, any fence that utilizes spikes, barb wire or other pointed materials in its construction capable of easily inflicting wounds to persons coming in contact with the fence.

E.

When warranted, these fence types listed as prohibited above may be permitted in the A-1 District, as well in the I-1 Light Industrial District and the I-2 Heavy Industrial District.

F.

On any corner lots, no fence of any material shall be permitted to encroach a required thirty-five-foot building line setback that would hinder site distance for motorists or pedestrians. No fence, split-rail fence, hedge or any type of planting, including ornamental, shall be placed or constructed in any location that would hinder access to fire hydrants.

G.

The following exceptions should be noted relative to fences, walls and hedges:

1.

Fences used for guard railings, around depressed ramps, along the tops of retaining walls, along driveways and adjacent to residential sidewalks, are not to exceed forty-two inches (43") in height. See illustrations of typical fence and/or wall configurations below.

H.

For non-residential districts, all fence construction shall be subject to site plan approval, with no height or setback restrictions(s), except those deemed necessary and reasonable by the Leeds Planning Commission, unless otherwise stipulated elsewhere in this Ordinance. See Special Exception Uses in Article VIII.

(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2018-06-01, § 1, 6-18-2018)

A.

Sills or ornamental features of a structure may project into any required yard no more than six inches (6").

B.

Cornices or eaves may project into any required yard no more than twenty-four inches (24").

C.

Terraces, unenclosed porches, underground fallout shelters or ornamental features (Which are constructed as part of a single-family or two-family dwelling) may project into a required yard, provided such projections are not closer than thirty feet (30') from the front lot line and twenty-five feet (25') from the back lot line. The said terraces, porches, shelters and ornamental features (when constructed as part of a multi-family dwelling) may not exceed a maximum of five feet (5') into the required side yards.

D.

In single-family and two-family residential zones, an unenclosed balcony, deck, porch or fire escape may project into a required rear yard, provided such structures are located not closer than twenty-five feet (25') from the rear property line and ten feet (10') from either side property lines.

E.

In multi-family residential districts, an unenclosed balcony, porch, deck or fire escape may project into a required rear yard for a distance not to exceed twelve feet (12') and may project into a required side yard for a distance not to exceed eight feet (8'); but, in no instance, shall any property line in which a buffer is required as a means of separating incompatible land uses.

(Ord. No. 2015-06-06, 6-15-2015)

A.

Non-residential accessory structures and buildings, up to twelve feet (12') in height, shall be permitted within five feet (5') of any side or rear property line; but, such structures shall not occupy any portion of the front yard. All accessory buildings above twelve feet (12') in height shall be setback one additional foot (1') for each four feet (4') in height above twelve feet (12') up to the maximum height limitation of the district in which located.

B.

All non-residential accessory buildings and structures shall be constructed of materials that are compatible with other buildings in the district in which they are located in order to ensure that the aesthetic value and appearance of the neighborhood is maintained.

C.

The residential accessory buildings, attached and detached carports and garages on residential lots, in the E-1, E-2, R-1, R-2, R-3, R-3-T, R-5, R-6, PCD, RMHP, and RMHS districts, shall meet the following requirements:

1.

The maximum floor area shall be twenty-five percent (25%) of the habitable floor area of the principal building.

2.

The maximum height shall not exceed the height of the principal building.

3.

Such structures and additions shall be subject to the front yard requirements of the district in concern.

4.

All detached accessory structures shall be constructed in the rear yard, but shall be located no closer than five feet (5') from the property line.

5.

All accessory structures shall be constructed of materials that are compatible with other buildings in the district in which they are located in order to ensure the aesthetic value and appearance of the neighborhood is maintained.

6.

Accessory structures shall not be built prior to the construction of the primary structure. Such structures shall not be used for non-residential purposes, which are not normally incidental to residential use.

7.

All electrical power service to the accessory buildings on residential lots shall originate from the main power service at the main building.

8.

Attached accessory buildings and structures, such as carports and garages, may be built in the side yard but they must conform to the side setbacks for the district in which they are located.

Temporary buildings may be permitted for the storage of materials connected with construction projects. Such buildings may also be permitted as temporary.

(Ord. No. 2015-06-06, 6-15-2015)

A.

Garage or yard sales, on the same lot, shall not be conducted for more than three (3) days (whether consecutive or not) during any 90-day period.

B.

All posters and/or signs, display tables, stands, racks, etc., shall be removed immediately after such sale by the person or persons conducting the garage or yard sale and such items shall be stored inside an enclosed building or screened from public view while sales are not in progress.

(Ord. No. 2015-06-06, 6-15-2015)

A.

The minimum land area for a farm shall be five (5) acres.

B.

The following farming activities shall be permitted:

1.

Forage and sod crops.

2.

Grain and seed crops.

3.

Dairy animals and products.

4.

Livestock, such as: beef cattle, swine, sheep, goats, or any similar livestock; including the breeding and raising of such animals but excluding commercial meat processing operations.

5.

Poultry, including egg production but excluding commercial poultry processing operations.

6.

Nursery operations involving the raising of: plants, shrubs and trees for sale and transportation, including: greenhouses and the incidental sale of items associated with a nursery operation.

7.

Bees and apiary products.

8.

Fisheries, excluding commercial fish processing operations.

9.

Fruit and vegetables of all kinds, including the growing and harvesting of such fruit and vegetables, but excluding commercial food processing operations.

10.

In the A-1 Agriculture Districts, the minimum setback of livestock barns, commercial chicken houses, (fowl) houses from adjoining property lines shall be one hundred feet (100'); from highway (road) right-of-way lines, it shall be three hundred feet (300') provided however, that no livestock barn or chicken houses shall be built closer that three hundred feet (300') to nearest then existing residence other than that of the owner. Swine (hogs) shall be housed, fed and watered not nearer than one hundred feet to any adjoining property line or within three hundred feet (300') of any street or road right-of-way. (Unless otherwise stipulated elsewhere).

11.

All temporary sawmills and chippers (used in connection with timber cutting operations) shall be setback at least two hundred feet (200') from any lot line.

12.

Non-farm related single-family residences and subdivisions are permitted, provided that the recording of lots in this district contains a minimum of one-half (1/2) acre and is in compliance with the City of Leeds Subdivision Regulations. Applicants should also be apprised of the fact that a two (2) acre minimum lot is required for a hobby farm, in case the intent is to utilize the lot for that purpose.

C.

A booth or farm stall/farm stand, for the purpose of selling farm produce, grown on the same premises, shall be permitted, subject to the following:

1.

The sales areas shall be setback from all lot lines so as to meet the district yard requirements.

2.

The sales areas shall not occupy any part of a required off-street parking or loading area.

D.

All incidental structures and activities commonly associated with a farm may include: barns, silos, animal pens, loading and unloading platforms, chutes, or other accessory uses.

(Ord. No. 2015-06-06, 6-15-2015)

A.

Where permitted, private swimming pools shall comply with the following requirements:

1.

Permanent swimming pools, which are wholly or partially above-ground level, shall be located in the rear yard of a single or two-family residential district and no closer than twenty-five feet (25') from any property line. No mechanical appurtenance shall be located within ten feet (10') of any property line.

2.

Private Swimming Pools Constructed Below Grade Level Shall Be:

a.

Located including mechanical appurtenances, no closer than ten feet (10') from any property line.

b.

Enclosed at the time of construction by a fence of not less than five feet (5') in height (measured from ground level to the highest point on the fence). All fences and gates shall be constructed of such materials so as to prevent unauthorized entry by persons or household pets. The gates shall be provided with permanent self-latching devises to be kept locked at all times when the pool is not in use.

c.

Aboveground pools shall be subject to the requirements of local codes.

d.

All exterior lighting fixtures shall be constructed to direct the beam of light below the horizontal plane of the fixture, reflecting away from any adjacent property. Said fixtures may not extend higher than twenty-five feet (25') in height.

e.

Swimming pools for multi-family and commercial uses shall meet the minimum standards deemed appropriate by the Leeds Building Inspection Department upon review of each specific proposal.

(Ord. No. 2015-06-06, 6-15-2015)

A.

The specifications for buffers shall follow the Buffer Matrix or as deemed by the Leeds Planning Commission or as specified during the review of the site development plan. The following criteria shall also be met:

1.

If a natural barrier is specified as a buffer, such shall be a planting strip, planted to provide a visually impervious barrier uniformly dense at all heights from the ground up, which would attain a height of at least four feet (4') within one (1) full growing season.

2.

All buffers shall provide adequate plant cover (trees, shrubs, etc.)

3.

All planting strips shall have attained a minimum height of six feet (6') within three (3) full growing seasons.

B.

If man-made screening methods are specified, the following shall apply:

1.

All screening material shall be continuously maintained, present an attractive exterior appearance and be of durable construction. The party or parties required to provide the screening shall be responsible for the cost incurred in this maintenance.

2.

Unless otherwise noted, the acceptable screening materials include: wood stockade fences, masonry walls and earth berms.

3.

In the rear or the side yards, the screening walls or fences shall be a minimum of six feet (6') in height, or as modified by the Planning Commission; but, it shall not exceed three feet (3') in height within any required front yard.

4.

The location of screening shall not obstruct the visibility of any traffic circulation.

C.

The buffers shall be of sufficient width, opacity, height, and density to eliminate the adverse impact on adjacent properties.

(Ord. No. 2015-06-06, 6-15-2015)

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)