VIII - SPECIAL EXCEPTION USES
Certain land use activities are identified for special treatment. The nature of these is such that, when properly regulated, they are appropriate in several zone districts. In order to bring about proper integration of these uses into the City's land use pattern, a special set of criteria or standards will aid in maintaining compatibility with adjoining land uses. It is intended that the Zoning Board of Adjustment will review all proposals for special exception uses for compliance with the appropriate provisions for these special exception uses contained in this Article before approval is granted and a building permit is issued.
(Ord. No. 2015-06-06, 6-15-2015)
All uses listed as permitted by Special Exception shall require the review and approval of an application to the Zoning Board of Adjustment. An application for a special exception use shall first be filed with the Zoning Administrator at least twenty-one (21) days before the scheduled public hearing date by the Zoning Board of Adjustment. The application shall be filed by the property owner, or the authorized agent of the property owner, on a form made available by the Zoning Administrator. Such form shall be completed by the applicant, or the agent of the applicant; and, include the following information and materials:
A.
The name, signature and address of the property owner and agent of property owner, if any.
B.
The address of the property under consideration.
C.
The existing zoning and land use of the property under consideration.
D.
The proposed use by Special Exception.
E.
A vicinity map showing the exact location of the property.
F.
A plot plan, (where deemed applicable) drawn to scale with dimensions, showing the property boundaries and the proposed development layout.
G.
A filing fee of one hundred dollars ($100.00) is required from the applicant or the agent of the applicant at the time the application is made for a Special Exception Use. This fee is non-refundable in the event such proposal is not approved.
(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)
The applicant shall, at least fifteen (15) days prior to the scheduled Zoning Board of Adjustment hearing, give written notice of the proposal to all adjacent property owners, as indicated on the most current tax record as recorded in the county Tax Assessor's office. Such notice shall be deemed given when deposited in the United States Post Office, in the form of postage prepaid certified mail, return receipt, and addressed to such property owners at their addresses as submitted with the application. The applicant shall provide to the City a copy of the certified mailing receipt at least 10 days before the hearing date. Such notice shall be using a template provided by the City and contain the following:
A.
The name of the applicant.
B.
The location of the subject property.
C.
The proposed use by Special Exception.
D.
The time, date and location of the Board of Adjustment public hearing.
(Ord. No. 2015-06-06, 6-15-2015)
A.
The minimum lot area shall be two (2) acres.
B.
Unless otherwise provided for in this Ordinance, the keeping of farm animals and fowl (livestock and fowl) shall be limited to the following typed:
1.
Poultry.
2.
Horses, donkeys, ponies, (although the keeping of goats, sheep and swine are prohibited as a part of a hobby farm).
C.
The use shall be subject to the following setback and area requirements:
1.
Farm animals shall be housed not less than two hundred feet (200') from and adjacent lot not zoned A-1.
2.
Offensive animal odors shall not be detectable at the property line.
3.
At least one (1) acre of lot area shall be required for each small livestock animal. A maximum of twenty (20) poultry for every 8,000 square feet of lot area shall be permitted.
(Ord. No. 2015-06-06, 6-15-2015)
Where permitted, a shopping center shall consist of a building group that is unified:
A.
A site development plan shall be required which provides for:
1.
A minimum site depth of three hundred feet (300'), unless otherwise provided for elsewhere in this Ordinance.
2.
An integrated parking area and vehicular loading spaces as specified in Article IX.
3.
The convenient vehicular servicing or buildings, the satisfactory circulation of traffic throughout the parking areas and no undue interference with through traffic in gaining ingress and egress from the proposed site.
4.
The location, size and character of all exterior signs.
5.
A buffer strip of not less than twenty feet (20') where a shopping center abuts any residential district.
6.
Convenient and safely located pedestrian walkways.
7.
A traffic analysis indicating the estimated effect of the proposed shopping center on adjacent street traffic, including volume flows to and from the proposed facility. This analysis shall be prepared by an Alabama Registered Professional Engineer.
8.
A preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewers and water supply prepared by an Alabama Registered Professional Engineer.
9.
A copy of any Deed Restrictions intended for the property owners upon which the proposed shopping center is to be constructed.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where permitted, Fast Food Restaurants shall comply with the following:
1.
When adjacent to residential districts, a five-foot high fence, constructed of opaque material, shall be located on all the property lines of the said Fast Food Restaurant premises, not bordering on a public street. Where the Zoning Board of Adjustment deems appropriate, a buffer may be substituted, providing the desired screening effect is achieved by providing a visually impervious barrier.
2.
The front yard and any side yard adjacent to a public street shall be provided with a ten-foot wide buffer, except where a driveway opening is necessary for ingress to and egress from the site.
3.
A preliminary plan or engineering feasibility report, providing for the site grading, storm drainage, sanitary sewers and water supply, shall be prepared by an Alabama Registered Professional Engineer.
4.
Fixed lighting shall be arranged in such a manner so as not to shine, reflect or glare onto surrounding properties or public streets.
5.
Parking Lots of any Fast Food Restaurant shall be cleared of all used paper, trash, refuse and other waste materials at least once every six (6) hours prior to closing.
6.
A Fast Food Restaurant shall not be permitted to install and maintain loud speakers or jukeboxes in a manner that allows sounds coming from them to be heard outside the restaurant building. This shall not, however, include microphones and speakers necessary for ordering food at drive-through windows.
7.
Each Fast Food Restaurant shall be provided with a dumpster pad which shall be located in the rear of the establishment and enclosed in a manner adequate to conceal such from public view and be installed in a manner consistent with local health department regulations.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where permitted, Hospitals shall comply with the following regulations:
1.
Submission of a site development plan which provides for:
a.
A scaled plan/engineering feasibility report with: site grading, storm, drainage, sanitary sewers and water supply, prepared by an Alabama Registered Professional Engineer.
b.
Where deemed necessary, by the Zoning Board of Adjustment, a traffic analysis indicating the estimated traffic flows to and from the hospital prepared by an Alabama Registered Professional Engineer.
A.
Where permitted, a Nursing Care Facility shall comply with the following requirements:
1.
Submission of a site development plan which provides for:
a.
A preliminary plan or engineering feasibility report providing for: the site grading, storm drainage, sanitary sewers and water supply, prepared by an Alabama Registered Professional Engineer.
b.
Where deemed necessary by the Zoning Board of Adjustment, a traffic analysis indicating the estimated traffic flows to and from the nursing care facility prepared by an Alabama Registered Professional Engineer.
A.
Where permitted, Cemeteries shall comply with the following requirements:
1.
A site development plan that depicts: the boundaries of the cemetery, existing zoning, and adjacent land uses, topography, drainage, and buffers.
a.
No part of a cemetery shall be located closer than two hundred feet (200') from any residential zone district in the City, nor closer than five hundred feet (500') from any hospital or nursing care facility.
b.
A six-foot high protective wall or fence shall be constructed on all property lines, except at points of ingress and egress. A cemetery shall be exempt from any required buffering or screening along public rights-of-way. The facility shall have installed gates with locks at points of ingress and egress.
c.
No gravesite shall be located closer than one hundred and fifty feet (150') from a water line or underground water supply.
d.
Mausoleums, crematoriums or any other buildings or structures accessory/incidental to a cemetery shall not be closer than two hundred feet (200') from any property line.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where permitted, a Home Occupation shall comply with the following requirements:
1.
The Home Occupation shall be clearly incidental to residential use of the dwelling in which located and shall not change the essential character of the dwelling or adversely affect the uses permitted in the district of which it is a part. No Home Occupation shall be permitted, which might interfere with the general welfare of the surrounding residential area due to increased noise and/or pedestrian and vehicular traffic or any other condition that would constitute an objectionable use of residentially zoned property.
2.
All customary Home Occupations shall be limited to an office or a business of a personal service nature.
3.
A Home Occupation shall be confined to twenty-five percent (25%) of the principal dwelling, and no outside storage shall be used in connection with it. No additional buildings or structures may be constructed in connection with the Home Occupation.
4.
The employment shall be limited to the members of the family residing in the dwelling.
5.
No display of products shall be visible from the street and only articles made on the premises may be sold.
6.
Instruction of music, art, dancing and similar activities shall be limited to two (2) students at a time and any noise created by the activity shall not be detectable outside the premises.
7.
The activity carried on as a Home Occupation shall be limited to the hours of 7:00 A.M. and 8:00 P.M.
8.
The Zoning Administrator of the City of Leeds and a representative of the Public Safety Department of the City shall be permitted to make an inspection, upon receipt of the initial application; and, in addition, make annual inspections at license renewal time or at any time, upon reasonable request, to enter and inspect the premises covered for safety and compliance purposes.
9.
The Zoning Administrator and/or the representative of the Public Safety Department shall file, with the Zoning Board of Adjustment, a written inspection report of any inspection to determine whether the licensee is in compliance. If the licensee is found not to be in compliance, areas of non-compliance shall be set out.
10.
In the event of the death or relocation of a Home Occupation licensee, the existing license shall automatically terminate. However, if a surviving spouse or adult child, residing at the same residence at the time of this event desires to continue the Home Occupation, the license would remain in effect, providing everything set forth in this Ordinance.
(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)
A.
Where permitted, Self-Storage Facilities shall comply with the following requirements:
1.
No outdoor storage shall be permitted on the site.
2.
No storage of volatile, toxic, illegal or explosive materials shall be permitted, either inside the structure(s) or on the premises.
3.
The facility or site shall not be used for any wholesale or retail sales operation or activity; however, this shall not include incidental retail activity (sale of boxes, packing material, etc.) by management or periodic sales by the management on the premises to dispose of items which have been abandoned and/or for which the lease time has expired.
4.
A minimum lot size of one (1) acre shall be required for a Mini-Warehouse development and such facility shall be limited to one (1) story height.
5.
A screen fencing shall be installed around the perimeter of the development. The said fencing shall be a minimum of eight feet (8') in height. The points of ingress and egress to the facility shall be provided with gates that shall be locked when the facility is not open for business.
6.
All outdoor lighting shall be shielded to direct light and glare onto the Mini-Warehouse premises and may be of sufficient intensity to discourage vandalism and theft. The said lighting shall be deflected, shaded, and focused away from all adjoining properties.
7.
The manager shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all the applicable provisions.
B.
A site development plan is required, which provides for:
1.
A preliminary plan or engineering feasibility report which addresses the site grading, storm drainage, water run-off, the availability of utilities and the identification of areas which will require buffers. A twelve-foot buffer shall be provided along all property lines abutting any residential zone district within the City.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where permitted, private tennis courts shall comply with the following requirements:
1.
All tennis Courts constructed in single-family or two-family residential districts shall comply with the following standards:
a.
The tennis court shall be located in the rear yard
b.
The tennis court shall not be located any closer than twenty-five feet (25') from any property line and residential structure.
c.
All the fences shall meet the requirements of Article VII, § 4.00.
d.
The tennis courts for multi-family and commercial uses shall meet the standards deemed appropriate by the Zoning Board of Adjustment during the review of each specific proposal, including but not limited to the required buffers.
e.
If lighted, all exterior lighting fixtures shall be constructed in a manner so as to direct the beam of light toward the facility itself and away from any adjacent areas. The said fixtures shall not exceed twenty-five feet (25') in height.
A.
Where permitted, Industrial Parks shall comply with the following requirements:
1.
An Industrial Park shall, for the purpose of this Ordinance, include all land ten (10) acres or more in size, subdivided and platted into two (2) or more parcels and used or intended to be used for predominately industrial or commercial purposes of an industrial character.
2.
A site development plan shall be required for each Industrial Park which provides for the following:
a.
An access to an Industrial Park shall be by way of a dedicated street.
b.
All streets or roadways within an Industrial Park shall have a minimum right-of-way width of seventy feet (70'), and shall conform to the City of Leeds standards for commercial streets or as otherwise approved by the Zoning Board of Adjustment.
c.
All off-street parking and loading shall be provided in accordance with the provisions of Article IX.
d.
The outdoor storage in an Industrial Park shall be permitted only when accessory to a permitted principal use and only when storage areas are suitably screened by either landscaping or fences or walls and. The Zoning Board of Adjustment shall approve plans before a building permit shall be issued for their construction.
e.
A buffer area, not less than fifty feet (50') in width, shall be provided along all the property lines of an Industrial Park which abuts any residential zone district.
f.
A cul-de-sac street shall not be permitted in Industrial Parks; however, dead-end street are permitted, when not more than five hundred feet (500') in length, as measured from the terminal point of the dead-end street to the closest intersection. Such a terminal point is to be provided with a paved vehicle turnaround area having a minimum right-of-way radius of seventy feet (70').
g.
All street lighting shall be provided and maintained by property owners. The City of Leeds shall not install or maintain street lights within industrial parks
h.
The vehicular approach to an Industrial Park site from a public street or highway shall have a minimum radius, so designed, such that uncontrolled left-hand turns from the street or highway shall be eliminated or reduced either by a frontage roadway or other suitable means deemed adequate by the Zoning Board of Adjustment and the Leeds Street Department Superintendent.
i.
A traffic study shall be conducted, by persons qualified in this field for the purpose of determining points or ingress and egress, speed limits acceleration and deceleration, etc., and be provided to the City Engineer for concurrence.
j.
Where points of ingress and egress to Industrial Parks from public streets or highways, having speed limits in excess of thirty (30) miles per hour, are located, there shall be provided, on a public thoroughfare, acceleration and deceleration lanes, the length of which shall be determined by the following:
Speed (Miles Per Hour) 30 40 50 55
Distance in Feet 100 200 300 350
k.
A report of subsurface soil conditions shall be provided to the City Engineer, Superintendent of Streets and Zoning Board of Adjustment by an Alabama Registered Professional Engineer.
l.
A preliminary plan or engineering feasibility report, prepared by an Alabama Registered Professional Engineer, shall be submitted to the City Engineer and the Zoning Board of Adjustment. This plan/report shall provide for the site grading, storm drainage, sanitary sewerage and water supply.
m.
A copy of any Deed Restrictions shall be provided to the Planning Commission.
(Ord. No. 2015-06-06, 6-15-2015)
A.
PURPOSE. The purpose of these guidelines is to establish minimum considerations and criteria for the review of communication towers. It is the Zoning Board of Adjustment's express intent that the construction of new towers be an option of last resort; to the greatest extent feasible, location of antennae on existing towers, and other suitable structures should first be sought. These guidelines are designed to ensure the compatibility of towers with and avoid adverse impacts to nearby properties and discourage the proliferation of towers throughout the City of Leeds.
B.
DEFINITIONS. (Reserved.)
(Ord. No. 2015-06-06, 6-15-2015)
All communication towers are subject to these guidelines.
The proposed locations and design of all communications towers shall duly consider the following public health, safety, and general welfare objectives:
A.
Structural Safety. The proposed tower will comply with wind loading and other structural standards contained in applicable building and technical codes so as not to endanger the health and safety of residents, employees or travelers in the event of structural failure of the tower due to extreme weather conditions or other acts of God.
B.
View Protection. The proposed tower facility will be designed to minimize adverse visual impacts to surrounding properties and the public right-of-way, given the topography of the proposed site and surrounding area.
C.
Land Use Compatibility. The proposed tower facility will be compatible with the surrounding land uses, given the character of the use and development of the location.
D.
Design Harmony. The proposed tower facility will be designed in harmony with the natural setting and the surrounding development pattern as well as to the highest industry standards.
E.
Existing Communications Services. The proposed tower facility will comply with FCC and other applicable agency standards so as not to interfere with existing communications services to the area.
F.
Health Effects. The proposed tower will comply with all applicable federal, state, county and city health standards so as not to cause detrimental health effects to persons in the surrounding area.
(Ord. No. 2015-06-06, 6-15-2015)
The City of Leeds Zoning Administrator and City Engineer shall review all communications towers requesting permits for compliance with the applicable standards and criteria listed below. For communication towers that are subject to site review by the Zoning Board of Adjustment, any of these criteria may be waived or adjusted by this Body if the circumstances of a particular case so warrant, In any event, these criteria are considered the minimum necessary to protect the public health, safety, and general welfare. The Zoning Board of Adjustment may also impose higher standards if it deems them to be necessary to further the objectives of these guidelines.
A.
Setbacks.
1.
Where permitted, the distance between the base of the tower, including guys, accessory facilities, and property lines abutting urban residential districts, public parks and roads must equal twenty percent (20%) of the tower height, property lines adjacent to other uses (e.g. agriculture, industrial), shall require a setback equal to the rear yard setback established for the underlying zone.
2.
When located within or adjacent to a residential district or dwelling, the minimum standard setback from all adjoining residential property boundaries shall be fifty feet (50').
3.
The Site Review by the Zoning Board of Adjustment may reduce the standard setbacks in exceptional cases where a hardship would result due to unusual conditions on the site or other impracticalities. However, the Zoning Board of Adjustment shall not reduce the setbacks to the detriment of affected residential properties.
B.
Appearance.
1.
Towers shall maintain a galvanized steel or concrete finish so as to reduce the visibility of the structure, unless other standards are required by the Federal Aviation Administration (FAA).
2.
The design of the tower shall be of a type that has the least visual impact on the surrounding area.
3.
The design of the tower compound shall, to the greatest extent possible, maximize use of building materials, colors, textures, screening, and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment.
4.
Where communications towers are deemed appropriate for a given location, the type of tower shall be restricted to monopoles in or within 1,000 feet of residential areas and areas of special aesthetic concerns such as commercial revitalization areas, historic districts and scenic corridors.
C.
Lighting. Towers shall not be artificially lighted unless required by the FAA or other authority for safety purposes. Where required, the Zoning Board of Adjustment shall review the available lighting alternatives and approve that design that would cause the least disturbance to the surrounding views. "Dual lighting" (red at night/strobe during day) shall be preferred unless restricted by the FAA. Security lighting may be permitted in accordance with 12.03. (Security Devices) below.
D.
Landscaping.
1.
A landscaped buffer shall effectively screen the view of the tower compound from adjacent public ways and residential properties.
2.
The standard buffer shall consist of a minimum eight feet (8') wide landscaped strip outside the dark vinyl coated steel security fencing of the perimeter of the compound. The buffer strip shall be planted with an attractive combination of trees, shrubs, vines, and/or ground covers that can achieve the full height of the fence at maturity and enhances the outward appearance of the security fence. For sites within 1,000 feet of a residence, the Site Review by the Zoning Board of Adjustment may impose increased buffer standards to include a decay-resistant, solid wood fence, earth berms and brick or masonry walls in addition to the security fencing. All fencing and landscaping shall be maintained by the lessor/owner.
3.
In isolated non-residential areas, alternative-landscaping methods may be accepted, such as the use of earth-toned colored, vinyl-coated steel security fencing in combination with four feet of evergreen trees, shrubs, vines, and/or other plantings.
4.
In certain locations where the visual impact of the tower would be minimal, such as remote, agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be reduced or waived by the Zoning Board of Adjustment.
5.
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers located on large, wooded lots, preservation of substantial natural growth around the property perimeter may be a sufficient buffer.
6.
Cellular facilities utilizing underground vaults in lieu of above-ground switching gear buildings shall be exempted from any buffer requirements.
E.
Security Devices. The facility shall be fully secured. A minimum eight feet (8') high, dark vinyl coated steel; chain link fence shall be installed around the entire perimeter of the compound (measured to the top of the fence or barbed wire, if applicable). Security fencing shall require screening in accordance with 4-E above. Other security measures shall include locks and alarms. Approved barbed or razor wire and lighting of the compound shall be permitted, if deemed necessary to fully secure the tower compound.
F.
Access. Driveways and parking shall be provided to assure the operator's access to the facility for maintenance or emergency services. In some cases, parking/access may be from an adjoining alley, public street, or off-street parking area.
G.
Co-Location. No new tower shall be established if space were structurally, technically and economically available on an existing tower that would serve the area that the new tower would serve. Documentation that reasonable efforts have been made by the applicant to achieve co-location shall be submitted in accordance with 4-F. Towers shall be designed to maximize shared use to the greatest extent possible, given the structural and technical limitations of the type of tower proposed. In any event, co-location shall be encouraged. If feasible, each tower shall, at a minimum, be designed for double its intended use for all transmitting and receiving antennae other than microwave dish antennae.
H.
Removal of Obsolete Towers. Any tower that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the Zoning Administrator with a copy of the notice of the FCC of intent to cease operations, which shall be given ninety (90) days from the date of ceasing operations to remove the obsolete tower and accessory structures. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operation.
(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)
Any application submitted for approval shall submit the following items, in addition to any other required items, to show compliance with these review standards.
A.
Statement of Impact on Health, Safety and Welfare. A brief written statement shall address conformance with the health, safety and welfare objectives of these guidelines.
B.
Site Plan. A scaled site plan shall show the location and dimensions of all improvements, including setbacks, drives, parking, fencing, landscaping, and other information necessary to determine compliance with the development criteria of these guidelines.
C.
Rendering. A rendering of the tower, accessory facilities, and compound shall depict colors, materials, and treatment. If lighting or other FAA requirements for tower color is proposed, evidenced of such requirement shall be submitted.
D.
Justification for a New Tower. A proposal for a new tower shall be documented by the applicant that the planned equipment for a proposed tower cannot be accommodated on an existing tower within the proposed service area. The applicant shall submit a written affidavit showing what attempts have been made to share an existing tower or that no such tower exists.
E.
Certification of Shared Use Design. A qualified engineer, registered in the State of Alabama, shall certify that the proposed towers structural design can accommodate a minimum of two (2) shared users, in accordance with 12.03, Development Criteria.
F.
As Built Survey. A qualified professional engineer, registered in the State of Alabama, shall certify that the proposed cellular site was built in accordance with the submitted site plan including the installation of any required buffer strip.
G.
Total anticipated capacity of the structure, including the number and types of antennas that can be accommodated.
H.
Mitigation measures for ice and other hazard falling debris, including setbacks and de-icing equipment.
I.
Where applicable, adequate parking shall be provided, along with buffers where such tower abuts any residential zone district. Such towers shall be prohibited in any residential zone district of the City of Leeds, Alabama.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where permitted, such establishments shall comply with the following requirements:
1.
Activities related to bed and breakfast establishments shall be conducted in a building originally designed as a detached single-family residence.
2.
Breakfast shall be served only to persons who have lodging in the inn and shall be the only meal served.
3.
No food preparation or cooking for guests shall be conducted within any bedroom made available for rent.
4.
The exterior appearance of the structure shall not be altered from its single-family character.
5.
A maximum of five (5) bedrooms shall be made available for rent. A bed and breakfast home having more than five (5) bedrooms for rent may be approved by the Zoning Board of Adjustment if the home is designated as a historic landmark. If designated as a historic landmark, any interior modification shall be described in the application and shall not be injurious to the historic character of the structure, woodwork, stairways, fireplaces: windows and doors, cornices, moldings, chair rails or light fixtures.
6.
No exterior alterations, other than those necessary to ensure the safety of the structure and its occupants, shall be made to any building for the purpose of providing a bed and breakfast.
7.
One stationary sign (ground-mounted or wall-mounted) is permitted per establishment. This sign shall not exceed eight (8) square feet in sign area and six feet (6') in height. Such sign shall not be illuminated in any manner. If a ground sign is utilized, it shall be subject to the setback requirements set forth for such signs in residential areas of the sign section of Article X.
(Ord. No. 2015-06-06, 6-15-2015)
Any proposal to conduct commercial wood-cutting operation in Leeds shall meet the following requirements:
A.
The wood-cutting firm or company shall submit a written summary of their intentions and plans to the Leeds Tree Commission. This summary shall contain the following:
1.
The name and owner of the firm, company, corporation or business as well as the address of the operations headquarters.
2.
The location at which the tree-cutting activity is to take place and the name and address of the owner of the subject property
3.
The approximate number of trees to be cut and/or the acreage involved in the operation.
4.
The slope of the area involved and location of any adjacent streams or other bodies of water that could be adversely affected by land disturbance and tree removal thereby increasing the volume of surface water runoff and other environmental issues.
5.
If the purpose of the tree-cutting is for the development of farmland, pastureland, or building purposes, then no reforestation plan shall be required. However, any time there is any clear-cutting of timber within the City of Leeds, Alabama, where the wood is simply harvested for sale and the property will be put to no other use, a reforestation plan must be submitted to the Leeds Tree Commission at the time application is made.
B.
The comments of the Leeds Tree Commission shall be forwarded to the Zoning Board of Adjustment for review. The applicant shall complete and submit an application to the City for a Special Exception Use. The applicant shall also provide the above information to the Zoning Board of Adjustment, which shall hold a public hearing consistent with the notification requirements cited for other Special Exception Uses in this Section. The issuance of a permit for commercial wood-cutting activity shall only be granted on condition of approval by the Zoning Board of Adjustment.
(Ord. No. 2015-06-06, 6-15-2015)
A temporary outdoor use on private property that extends beyond the normal uses and standards allowed by the zoning ordinance of the city. "Special Event" includes, but is not limited to, art shows, pumpkin and Christmas tree sales, haunted houses, carnivals (major and minor), special auto sales, grand openings, festivals, and bazaars.
(Ord. No. 2015-06-06, 6-15-2015)
A facility for the keeping of fowl and rabbits in an urban environment subject to the following conditions:
A.
Housing and feeding shall be at least 75 feet from the nearest residence under separate ownership;
B.
Female fowl only;
C.
Lot must contain a minimum of open lot area measuring 15,000 square feet;
D.
Have absorbent ground cover that is serviced as needed.
(Ord. No. 2015-06-06, 6-15-2015)
VIII - SPECIAL EXCEPTION USES
Certain land use activities are identified for special treatment. The nature of these is such that, when properly regulated, they are appropriate in several zone districts. In order to bring about proper integration of these uses into the City's land use pattern, a special set of criteria or standards will aid in maintaining compatibility with adjoining land uses. It is intended that the Zoning Board of Adjustment will review all proposals for special exception uses for compliance with the appropriate provisions for these special exception uses contained in this Article before approval is granted and a building permit is issued.
(Ord. No. 2015-06-06, 6-15-2015)
All uses listed as permitted by Special Exception shall require the review and approval of an application to the Zoning Board of Adjustment. An application for a special exception use shall first be filed with the Zoning Administrator at least twenty-one (21) days before the scheduled public hearing date by the Zoning Board of Adjustment. The application shall be filed by the property owner, or the authorized agent of the property owner, on a form made available by the Zoning Administrator. Such form shall be completed by the applicant, or the agent of the applicant; and, include the following information and materials:
A.
The name, signature and address of the property owner and agent of property owner, if any.
B.
The address of the property under consideration.
C.
The existing zoning and land use of the property under consideration.
D.
The proposed use by Special Exception.
E.
A vicinity map showing the exact location of the property.
F.
A plot plan, (where deemed applicable) drawn to scale with dimensions, showing the property boundaries and the proposed development layout.
G.
A filing fee of one hundred dollars ($100.00) is required from the applicant or the agent of the applicant at the time the application is made for a Special Exception Use. This fee is non-refundable in the event such proposal is not approved.
(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)
The applicant shall, at least fifteen (15) days prior to the scheduled Zoning Board of Adjustment hearing, give written notice of the proposal to all adjacent property owners, as indicated on the most current tax record as recorded in the county Tax Assessor's office. Such notice shall be deemed given when deposited in the United States Post Office, in the form of postage prepaid certified mail, return receipt, and addressed to such property owners at their addresses as submitted with the application. The applicant shall provide to the City a copy of the certified mailing receipt at least 10 days before the hearing date. Such notice shall be using a template provided by the City and contain the following:
A.
The name of the applicant.
B.
The location of the subject property.
C.
The proposed use by Special Exception.
D.
The time, date and location of the Board of Adjustment public hearing.
(Ord. No. 2015-06-06, 6-15-2015)
A.
The minimum lot area shall be two (2) acres.
B.
Unless otherwise provided for in this Ordinance, the keeping of farm animals and fowl (livestock and fowl) shall be limited to the following typed:
1.
Poultry.
2.
Horses, donkeys, ponies, (although the keeping of goats, sheep and swine are prohibited as a part of a hobby farm).
C.
The use shall be subject to the following setback and area requirements:
1.
Farm animals shall be housed not less than two hundred feet (200') from and adjacent lot not zoned A-1.
2.
Offensive animal odors shall not be detectable at the property line.
3.
At least one (1) acre of lot area shall be required for each small livestock animal. A maximum of twenty (20) poultry for every 8,000 square feet of lot area shall be permitted.
(Ord. No. 2015-06-06, 6-15-2015)
Where permitted, a shopping center shall consist of a building group that is unified:
A.
A site development plan shall be required which provides for:
1.
A minimum site depth of three hundred feet (300'), unless otherwise provided for elsewhere in this Ordinance.
2.
An integrated parking area and vehicular loading spaces as specified in Article IX.
3.
The convenient vehicular servicing or buildings, the satisfactory circulation of traffic throughout the parking areas and no undue interference with through traffic in gaining ingress and egress from the proposed site.
4.
The location, size and character of all exterior signs.
5.
A buffer strip of not less than twenty feet (20') where a shopping center abuts any residential district.
6.
Convenient and safely located pedestrian walkways.
7.
A traffic analysis indicating the estimated effect of the proposed shopping center on adjacent street traffic, including volume flows to and from the proposed facility. This analysis shall be prepared by an Alabama Registered Professional Engineer.
8.
A preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewers and water supply prepared by an Alabama Registered Professional Engineer.
9.
A copy of any Deed Restrictions intended for the property owners upon which the proposed shopping center is to be constructed.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where permitted, Fast Food Restaurants shall comply with the following:
1.
When adjacent to residential districts, a five-foot high fence, constructed of opaque material, shall be located on all the property lines of the said Fast Food Restaurant premises, not bordering on a public street. Where the Zoning Board of Adjustment deems appropriate, a buffer may be substituted, providing the desired screening effect is achieved by providing a visually impervious barrier.
2.
The front yard and any side yard adjacent to a public street shall be provided with a ten-foot wide buffer, except where a driveway opening is necessary for ingress to and egress from the site.
3.
A preliminary plan or engineering feasibility report, providing for the site grading, storm drainage, sanitary sewers and water supply, shall be prepared by an Alabama Registered Professional Engineer.
4.
Fixed lighting shall be arranged in such a manner so as not to shine, reflect or glare onto surrounding properties or public streets.
5.
Parking Lots of any Fast Food Restaurant shall be cleared of all used paper, trash, refuse and other waste materials at least once every six (6) hours prior to closing.
6.
A Fast Food Restaurant shall not be permitted to install and maintain loud speakers or jukeboxes in a manner that allows sounds coming from them to be heard outside the restaurant building. This shall not, however, include microphones and speakers necessary for ordering food at drive-through windows.
7.
Each Fast Food Restaurant shall be provided with a dumpster pad which shall be located in the rear of the establishment and enclosed in a manner adequate to conceal such from public view and be installed in a manner consistent with local health department regulations.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where permitted, Hospitals shall comply with the following regulations:
1.
Submission of a site development plan which provides for:
a.
A scaled plan/engineering feasibility report with: site grading, storm, drainage, sanitary sewers and water supply, prepared by an Alabama Registered Professional Engineer.
b.
Where deemed necessary, by the Zoning Board of Adjustment, a traffic analysis indicating the estimated traffic flows to and from the hospital prepared by an Alabama Registered Professional Engineer.
A.
Where permitted, a Nursing Care Facility shall comply with the following requirements:
1.
Submission of a site development plan which provides for:
a.
A preliminary plan or engineering feasibility report providing for: the site grading, storm drainage, sanitary sewers and water supply, prepared by an Alabama Registered Professional Engineer.
b.
Where deemed necessary by the Zoning Board of Adjustment, a traffic analysis indicating the estimated traffic flows to and from the nursing care facility prepared by an Alabama Registered Professional Engineer.
A.
Where permitted, Cemeteries shall comply with the following requirements:
1.
A site development plan that depicts: the boundaries of the cemetery, existing zoning, and adjacent land uses, topography, drainage, and buffers.
a.
No part of a cemetery shall be located closer than two hundred feet (200') from any residential zone district in the City, nor closer than five hundred feet (500') from any hospital or nursing care facility.
b.
A six-foot high protective wall or fence shall be constructed on all property lines, except at points of ingress and egress. A cemetery shall be exempt from any required buffering or screening along public rights-of-way. The facility shall have installed gates with locks at points of ingress and egress.
c.
No gravesite shall be located closer than one hundred and fifty feet (150') from a water line or underground water supply.
d.
Mausoleums, crematoriums or any other buildings or structures accessory/incidental to a cemetery shall not be closer than two hundred feet (200') from any property line.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where permitted, a Home Occupation shall comply with the following requirements:
1.
The Home Occupation shall be clearly incidental to residential use of the dwelling in which located and shall not change the essential character of the dwelling or adversely affect the uses permitted in the district of which it is a part. No Home Occupation shall be permitted, which might interfere with the general welfare of the surrounding residential area due to increased noise and/or pedestrian and vehicular traffic or any other condition that would constitute an objectionable use of residentially zoned property.
2.
All customary Home Occupations shall be limited to an office or a business of a personal service nature.
3.
A Home Occupation shall be confined to twenty-five percent (25%) of the principal dwelling, and no outside storage shall be used in connection with it. No additional buildings or structures may be constructed in connection with the Home Occupation.
4.
The employment shall be limited to the members of the family residing in the dwelling.
5.
No display of products shall be visible from the street and only articles made on the premises may be sold.
6.
Instruction of music, art, dancing and similar activities shall be limited to two (2) students at a time and any noise created by the activity shall not be detectable outside the premises.
7.
The activity carried on as a Home Occupation shall be limited to the hours of 7:00 A.M. and 8:00 P.M.
8.
The Zoning Administrator of the City of Leeds and a representative of the Public Safety Department of the City shall be permitted to make an inspection, upon receipt of the initial application; and, in addition, make annual inspections at license renewal time or at any time, upon reasonable request, to enter and inspect the premises covered for safety and compliance purposes.
9.
The Zoning Administrator and/or the representative of the Public Safety Department shall file, with the Zoning Board of Adjustment, a written inspection report of any inspection to determine whether the licensee is in compliance. If the licensee is found not to be in compliance, areas of non-compliance shall be set out.
10.
In the event of the death or relocation of a Home Occupation licensee, the existing license shall automatically terminate. However, if a surviving spouse or adult child, residing at the same residence at the time of this event desires to continue the Home Occupation, the license would remain in effect, providing everything set forth in this Ordinance.
(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)
A.
Where permitted, Self-Storage Facilities shall comply with the following requirements:
1.
No outdoor storage shall be permitted on the site.
2.
No storage of volatile, toxic, illegal or explosive materials shall be permitted, either inside the structure(s) or on the premises.
3.
The facility or site shall not be used for any wholesale or retail sales operation or activity; however, this shall not include incidental retail activity (sale of boxes, packing material, etc.) by management or periodic sales by the management on the premises to dispose of items which have been abandoned and/or for which the lease time has expired.
4.
A minimum lot size of one (1) acre shall be required for a Mini-Warehouse development and such facility shall be limited to one (1) story height.
5.
A screen fencing shall be installed around the perimeter of the development. The said fencing shall be a minimum of eight feet (8') in height. The points of ingress and egress to the facility shall be provided with gates that shall be locked when the facility is not open for business.
6.
All outdoor lighting shall be shielded to direct light and glare onto the Mini-Warehouse premises and may be of sufficient intensity to discourage vandalism and theft. The said lighting shall be deflected, shaded, and focused away from all adjoining properties.
7.
The manager shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all the applicable provisions.
B.
A site development plan is required, which provides for:
1.
A preliminary plan or engineering feasibility report which addresses the site grading, storm drainage, water run-off, the availability of utilities and the identification of areas which will require buffers. A twelve-foot buffer shall be provided along all property lines abutting any residential zone district within the City.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where permitted, private tennis courts shall comply with the following requirements:
1.
All tennis Courts constructed in single-family or two-family residential districts shall comply with the following standards:
a.
The tennis court shall be located in the rear yard
b.
The tennis court shall not be located any closer than twenty-five feet (25') from any property line and residential structure.
c.
All the fences shall meet the requirements of Article VII, § 4.00.
d.
The tennis courts for multi-family and commercial uses shall meet the standards deemed appropriate by the Zoning Board of Adjustment during the review of each specific proposal, including but not limited to the required buffers.
e.
If lighted, all exterior lighting fixtures shall be constructed in a manner so as to direct the beam of light toward the facility itself and away from any adjacent areas. The said fixtures shall not exceed twenty-five feet (25') in height.
A.
Where permitted, Industrial Parks shall comply with the following requirements:
1.
An Industrial Park shall, for the purpose of this Ordinance, include all land ten (10) acres or more in size, subdivided and platted into two (2) or more parcels and used or intended to be used for predominately industrial or commercial purposes of an industrial character.
2.
A site development plan shall be required for each Industrial Park which provides for the following:
a.
An access to an Industrial Park shall be by way of a dedicated street.
b.
All streets or roadways within an Industrial Park shall have a minimum right-of-way width of seventy feet (70'), and shall conform to the City of Leeds standards for commercial streets or as otherwise approved by the Zoning Board of Adjustment.
c.
All off-street parking and loading shall be provided in accordance with the provisions of Article IX.
d.
The outdoor storage in an Industrial Park shall be permitted only when accessory to a permitted principal use and only when storage areas are suitably screened by either landscaping or fences or walls and. The Zoning Board of Adjustment shall approve plans before a building permit shall be issued for their construction.
e.
A buffer area, not less than fifty feet (50') in width, shall be provided along all the property lines of an Industrial Park which abuts any residential zone district.
f.
A cul-de-sac street shall not be permitted in Industrial Parks; however, dead-end street are permitted, when not more than five hundred feet (500') in length, as measured from the terminal point of the dead-end street to the closest intersection. Such a terminal point is to be provided with a paved vehicle turnaround area having a minimum right-of-way radius of seventy feet (70').
g.
All street lighting shall be provided and maintained by property owners. The City of Leeds shall not install or maintain street lights within industrial parks
h.
The vehicular approach to an Industrial Park site from a public street or highway shall have a minimum radius, so designed, such that uncontrolled left-hand turns from the street or highway shall be eliminated or reduced either by a frontage roadway or other suitable means deemed adequate by the Zoning Board of Adjustment and the Leeds Street Department Superintendent.
i.
A traffic study shall be conducted, by persons qualified in this field for the purpose of determining points or ingress and egress, speed limits acceleration and deceleration, etc., and be provided to the City Engineer for concurrence.
j.
Where points of ingress and egress to Industrial Parks from public streets or highways, having speed limits in excess of thirty (30) miles per hour, are located, there shall be provided, on a public thoroughfare, acceleration and deceleration lanes, the length of which shall be determined by the following:
Speed (Miles Per Hour) 30 40 50 55
Distance in Feet 100 200 300 350
k.
A report of subsurface soil conditions shall be provided to the City Engineer, Superintendent of Streets and Zoning Board of Adjustment by an Alabama Registered Professional Engineer.
l.
A preliminary plan or engineering feasibility report, prepared by an Alabama Registered Professional Engineer, shall be submitted to the City Engineer and the Zoning Board of Adjustment. This plan/report shall provide for the site grading, storm drainage, sanitary sewerage and water supply.
m.
A copy of any Deed Restrictions shall be provided to the Planning Commission.
(Ord. No. 2015-06-06, 6-15-2015)
A.
PURPOSE. The purpose of these guidelines is to establish minimum considerations and criteria for the review of communication towers. It is the Zoning Board of Adjustment's express intent that the construction of new towers be an option of last resort; to the greatest extent feasible, location of antennae on existing towers, and other suitable structures should first be sought. These guidelines are designed to ensure the compatibility of towers with and avoid adverse impacts to nearby properties and discourage the proliferation of towers throughout the City of Leeds.
B.
DEFINITIONS. (Reserved.)
(Ord. No. 2015-06-06, 6-15-2015)
All communication towers are subject to these guidelines.
The proposed locations and design of all communications towers shall duly consider the following public health, safety, and general welfare objectives:
A.
Structural Safety. The proposed tower will comply with wind loading and other structural standards contained in applicable building and technical codes so as not to endanger the health and safety of residents, employees or travelers in the event of structural failure of the tower due to extreme weather conditions or other acts of God.
B.
View Protection. The proposed tower facility will be designed to minimize adverse visual impacts to surrounding properties and the public right-of-way, given the topography of the proposed site and surrounding area.
C.
Land Use Compatibility. The proposed tower facility will be compatible with the surrounding land uses, given the character of the use and development of the location.
D.
Design Harmony. The proposed tower facility will be designed in harmony with the natural setting and the surrounding development pattern as well as to the highest industry standards.
E.
Existing Communications Services. The proposed tower facility will comply with FCC and other applicable agency standards so as not to interfere with existing communications services to the area.
F.
Health Effects. The proposed tower will comply with all applicable federal, state, county and city health standards so as not to cause detrimental health effects to persons in the surrounding area.
(Ord. No. 2015-06-06, 6-15-2015)
The City of Leeds Zoning Administrator and City Engineer shall review all communications towers requesting permits for compliance with the applicable standards and criteria listed below. For communication towers that are subject to site review by the Zoning Board of Adjustment, any of these criteria may be waived or adjusted by this Body if the circumstances of a particular case so warrant, In any event, these criteria are considered the minimum necessary to protect the public health, safety, and general welfare. The Zoning Board of Adjustment may also impose higher standards if it deems them to be necessary to further the objectives of these guidelines.
A.
Setbacks.
1.
Where permitted, the distance between the base of the tower, including guys, accessory facilities, and property lines abutting urban residential districts, public parks and roads must equal twenty percent (20%) of the tower height, property lines adjacent to other uses (e.g. agriculture, industrial), shall require a setback equal to the rear yard setback established for the underlying zone.
2.
When located within or adjacent to a residential district or dwelling, the minimum standard setback from all adjoining residential property boundaries shall be fifty feet (50').
3.
The Site Review by the Zoning Board of Adjustment may reduce the standard setbacks in exceptional cases where a hardship would result due to unusual conditions on the site or other impracticalities. However, the Zoning Board of Adjustment shall not reduce the setbacks to the detriment of affected residential properties.
B.
Appearance.
1.
Towers shall maintain a galvanized steel or concrete finish so as to reduce the visibility of the structure, unless other standards are required by the Federal Aviation Administration (FAA).
2.
The design of the tower shall be of a type that has the least visual impact on the surrounding area.
3.
The design of the tower compound shall, to the greatest extent possible, maximize use of building materials, colors, textures, screening, and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment.
4.
Where communications towers are deemed appropriate for a given location, the type of tower shall be restricted to monopoles in or within 1,000 feet of residential areas and areas of special aesthetic concerns such as commercial revitalization areas, historic districts and scenic corridors.
C.
Lighting. Towers shall not be artificially lighted unless required by the FAA or other authority for safety purposes. Where required, the Zoning Board of Adjustment shall review the available lighting alternatives and approve that design that would cause the least disturbance to the surrounding views. "Dual lighting" (red at night/strobe during day) shall be preferred unless restricted by the FAA. Security lighting may be permitted in accordance with 12.03. (Security Devices) below.
D.
Landscaping.
1.
A landscaped buffer shall effectively screen the view of the tower compound from adjacent public ways and residential properties.
2.
The standard buffer shall consist of a minimum eight feet (8') wide landscaped strip outside the dark vinyl coated steel security fencing of the perimeter of the compound. The buffer strip shall be planted with an attractive combination of trees, shrubs, vines, and/or ground covers that can achieve the full height of the fence at maturity and enhances the outward appearance of the security fence. For sites within 1,000 feet of a residence, the Site Review by the Zoning Board of Adjustment may impose increased buffer standards to include a decay-resistant, solid wood fence, earth berms and brick or masonry walls in addition to the security fencing. All fencing and landscaping shall be maintained by the lessor/owner.
3.
In isolated non-residential areas, alternative-landscaping methods may be accepted, such as the use of earth-toned colored, vinyl-coated steel security fencing in combination with four feet of evergreen trees, shrubs, vines, and/or other plantings.
4.
In certain locations where the visual impact of the tower would be minimal, such as remote, agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be reduced or waived by the Zoning Board of Adjustment.
5.
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers located on large, wooded lots, preservation of substantial natural growth around the property perimeter may be a sufficient buffer.
6.
Cellular facilities utilizing underground vaults in lieu of above-ground switching gear buildings shall be exempted from any buffer requirements.
E.
Security Devices. The facility shall be fully secured. A minimum eight feet (8') high, dark vinyl coated steel; chain link fence shall be installed around the entire perimeter of the compound (measured to the top of the fence or barbed wire, if applicable). Security fencing shall require screening in accordance with 4-E above. Other security measures shall include locks and alarms. Approved barbed or razor wire and lighting of the compound shall be permitted, if deemed necessary to fully secure the tower compound.
F.
Access. Driveways and parking shall be provided to assure the operator's access to the facility for maintenance or emergency services. In some cases, parking/access may be from an adjoining alley, public street, or off-street parking area.
G.
Co-Location. No new tower shall be established if space were structurally, technically and economically available on an existing tower that would serve the area that the new tower would serve. Documentation that reasonable efforts have been made by the applicant to achieve co-location shall be submitted in accordance with 4-F. Towers shall be designed to maximize shared use to the greatest extent possible, given the structural and technical limitations of the type of tower proposed. In any event, co-location shall be encouraged. If feasible, each tower shall, at a minimum, be designed for double its intended use for all transmitting and receiving antennae other than microwave dish antennae.
H.
Removal of Obsolete Towers. Any tower that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the Zoning Administrator with a copy of the notice of the FCC of intent to cease operations, which shall be given ninety (90) days from the date of ceasing operations to remove the obsolete tower and accessory structures. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operation.
(Ord. No. 2015-06-06, 6-15-2015; Ord. No. 2017-01-01, §§ a, b, 1-9-2017)
Any application submitted for approval shall submit the following items, in addition to any other required items, to show compliance with these review standards.
A.
Statement of Impact on Health, Safety and Welfare. A brief written statement shall address conformance with the health, safety and welfare objectives of these guidelines.
B.
Site Plan. A scaled site plan shall show the location and dimensions of all improvements, including setbacks, drives, parking, fencing, landscaping, and other information necessary to determine compliance with the development criteria of these guidelines.
C.
Rendering. A rendering of the tower, accessory facilities, and compound shall depict colors, materials, and treatment. If lighting or other FAA requirements for tower color is proposed, evidenced of such requirement shall be submitted.
D.
Justification for a New Tower. A proposal for a new tower shall be documented by the applicant that the planned equipment for a proposed tower cannot be accommodated on an existing tower within the proposed service area. The applicant shall submit a written affidavit showing what attempts have been made to share an existing tower or that no such tower exists.
E.
Certification of Shared Use Design. A qualified engineer, registered in the State of Alabama, shall certify that the proposed towers structural design can accommodate a minimum of two (2) shared users, in accordance with 12.03, Development Criteria.
F.
As Built Survey. A qualified professional engineer, registered in the State of Alabama, shall certify that the proposed cellular site was built in accordance with the submitted site plan including the installation of any required buffer strip.
G.
Total anticipated capacity of the structure, including the number and types of antennas that can be accommodated.
H.
Mitigation measures for ice and other hazard falling debris, including setbacks and de-icing equipment.
I.
Where applicable, adequate parking shall be provided, along with buffers where such tower abuts any residential zone district. Such towers shall be prohibited in any residential zone district of the City of Leeds, Alabama.
(Ord. No. 2015-06-06, 6-15-2015)
A.
Where permitted, such establishments shall comply with the following requirements:
1.
Activities related to bed and breakfast establishments shall be conducted in a building originally designed as a detached single-family residence.
2.
Breakfast shall be served only to persons who have lodging in the inn and shall be the only meal served.
3.
No food preparation or cooking for guests shall be conducted within any bedroom made available for rent.
4.
The exterior appearance of the structure shall not be altered from its single-family character.
5.
A maximum of five (5) bedrooms shall be made available for rent. A bed and breakfast home having more than five (5) bedrooms for rent may be approved by the Zoning Board of Adjustment if the home is designated as a historic landmark. If designated as a historic landmark, any interior modification shall be described in the application and shall not be injurious to the historic character of the structure, woodwork, stairways, fireplaces: windows and doors, cornices, moldings, chair rails or light fixtures.
6.
No exterior alterations, other than those necessary to ensure the safety of the structure and its occupants, shall be made to any building for the purpose of providing a bed and breakfast.
7.
One stationary sign (ground-mounted or wall-mounted) is permitted per establishment. This sign shall not exceed eight (8) square feet in sign area and six feet (6') in height. Such sign shall not be illuminated in any manner. If a ground sign is utilized, it shall be subject to the setback requirements set forth for such signs in residential areas of the sign section of Article X.
(Ord. No. 2015-06-06, 6-15-2015)
Any proposal to conduct commercial wood-cutting operation in Leeds shall meet the following requirements:
A.
The wood-cutting firm or company shall submit a written summary of their intentions and plans to the Leeds Tree Commission. This summary shall contain the following:
1.
The name and owner of the firm, company, corporation or business as well as the address of the operations headquarters.
2.
The location at which the tree-cutting activity is to take place and the name and address of the owner of the subject property
3.
The approximate number of trees to be cut and/or the acreage involved in the operation.
4.
The slope of the area involved and location of any adjacent streams or other bodies of water that could be adversely affected by land disturbance and tree removal thereby increasing the volume of surface water runoff and other environmental issues.
5.
If the purpose of the tree-cutting is for the development of farmland, pastureland, or building purposes, then no reforestation plan shall be required. However, any time there is any clear-cutting of timber within the City of Leeds, Alabama, where the wood is simply harvested for sale and the property will be put to no other use, a reforestation plan must be submitted to the Leeds Tree Commission at the time application is made.
B.
The comments of the Leeds Tree Commission shall be forwarded to the Zoning Board of Adjustment for review. The applicant shall complete and submit an application to the City for a Special Exception Use. The applicant shall also provide the above information to the Zoning Board of Adjustment, which shall hold a public hearing consistent with the notification requirements cited for other Special Exception Uses in this Section. The issuance of a permit for commercial wood-cutting activity shall only be granted on condition of approval by the Zoning Board of Adjustment.
(Ord. No. 2015-06-06, 6-15-2015)
A temporary outdoor use on private property that extends beyond the normal uses and standards allowed by the zoning ordinance of the city. "Special Event" includes, but is not limited to, art shows, pumpkin and Christmas tree sales, haunted houses, carnivals (major and minor), special auto sales, grand openings, festivals, and bazaars.
(Ord. No. 2015-06-06, 6-15-2015)
A facility for the keeping of fowl and rabbits in an urban environment subject to the following conditions:
A.
Housing and feeding shall be at least 75 feet from the nearest residence under separate ownership;
B.
Female fowl only;
C.
Lot must contain a minimum of open lot area measuring 15,000 square feet;
D.
Have absorbent ground cover that is serviced as needed.
(Ord. No. 2015-06-06, 6-15-2015)