This chapter establishes lot and structure requirements, design standards and use limitations for specific and/or potentially troublesome structures and uses. These regulations apply in every zoning district where the specific structure or use is permitted or allowed by conditional use permit, but if more stringent regulations are applicable in any particular district, such regulations shall prevail. (Ord. 15-99, 12-7-1999)

   A.   Conditional Use: Within the village and in the extra territorial jurisdiction, every home occupation shall be considered a conditional use.

   B.   Regulations: No home occupation shall be established or conducted except in conformity with the following regulations:

      1.   Number Of Unrelated Employees: A home occupation shall employ no more than two (2) individuals who are unrelated to the family residing on the premises.

      2.   Floor Space: The total area used for a home occupation conducted within the dwelling shall not exceed twenty five percent (25%) of the gross floor area of the dwelling, but not more than three hundred (300) square feet. In the agricultural district, a home occupation may be located in an outbuilding of no more than one thousand seven hundred (1,700) square feet.

      3.   Dwelling Alterations: In any residential district, a principal residential building shall not be altered to accommodate a home occupation in such a way as to materially change the residential character of the building.

      4.   Outdoor Storage: Outdoor (unenclosed) storage on the premises of equipment or materials used in connection with a home occupation is prohibited.

      5.   Nuisance Conditions: A home occupation shall not generate any offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical interference noticeable at or beyond the lot lines.

      6.   Use Of Carports: Carports may not be used for home occupations other than auto storage.

      7.   Absentee Landlord: Resident/proprietor may not become an absentee landlord.

      8.   Parking: See chapter 11 of this title.

      9.   Signs: See section 11-10-8 of this chapter. (Ord. 15-99, 12-7-1999)

   A.   Exemptions From Provisions: The regulations of this section do not apply to travel trailers or other recreational vehicles parked in a permitted travel trailer park or on a permitted sales lot.

   B.   Number Per Lot: Not more than one travel trailer or other recreational vehicle shall be parked on any lot.

   C.   Use Restrictions:

      1.   No travel trailer or other recreational vehicle shall be used as a dwelling or for storage.

      2.   No travel trailer or other recreational vehicle shall be used as an office or for any other commercial purpose.

   D.   Parking In Front Yard: No travel trailer or other recreational vehicle shall be parked on any front yard, except on a driveway. (Ord. 15-99, 12-7-1999)

   A.   Pump Setbacks: All gasoline pumps and other service facilities shall begin at least twenty five feet (25') from any street right-of-way line, side lot line, or rear lot line.

   B.   Location Of Access Way: Every access way shall begin at least two hundred feet (200') from the principal building of any fire station, school, public library, church, park or playground and at least thirty feet (30') from any intersection of public streets.

   C.   Underground Storage: Federal, State, and other pertinent regulations concerning underground storage tanks 2 shall be complied with. (Ord. 15-99, 12-7-1999)

Every electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, and water storage facility shall be deemed a conditional use, and shall conform to the following regulations: (Ord. 15-99, 12-7-1999)

   A.   Minimum Lot Requirements: Every lot on which any such facility is located shall meet the minimum area and dimension requirements of the district in which it is located. Every part of any such facility shall be located at least twenty five feet (25') from all lot lines, or shall meet the district setback requirements, whichever is greater.

   B.   Compatibility With Residential Character: In any residential district, every such facility shall be designed, constructed, and operated so that it is compatible with the residential character of the area. (Ord. 92-09, 4-14-1992)

   C.   Screening: Screening eight feet (8') in height and of sufficient density to block the view from adjacent property shall be installed around every such facility. Furthermore if the Zoning Administrator determines that the facility may pose a safety hazard (e.g., if there are exposed transformers), he shall require that a secure fence eight feet (8') in height be installed behind the planting screen. (Ord. 92-09, 4-14-1992; amd. 2003 Code)

A satellite dish may be located in a residential district when it complies with the following conditions:

   A.   Location:

      1.   It is ground mounted.

      2.   It is not located in a front yard or exterior side yard.

   B.   Setbacks: It complies with the setback requirements of the underlying zone for accessory structures.

   C.   Height: It does not exceed twelve feet (12') in height above existing grade.

   D.   Number: Only one (1) satellite dish antenna shall be permitted per lot.

   E.   Size: The satellite dish shall not exceed ten feet (10') in diameter. (Ord. 92-09, 4-14-1992)

   A.   Determination Of Property Lines: Before a building permit is granted, property lines shall be determined either by a survey or agreed to by signature of adjoining property owner. (Ord. 92-09, 4-14-1992)

   B.   Materials:

      1.   Fences constructed within the residential and business districts shall be limited to those constructed of wood, chain link, wrought iron, brick, decorative stone, or appropriate compatible manufactured PVC fencing. (Ord. 07-16, 9-6-2016)

      2.   No barbed wire fence shall be erected or maintained anywhere within the corporate limits of the village except in the RU rural district or I industrial district 1 .

   C.   Location:

      1.   No fence, wall, or other obstruction shall be erected within any public right of way, except by way of a variance granted in accordance with this title. (Ord. 92-09, 4-14-1992)

      2.   In the residential districts, no fence shall be constructed beyond the front of the primary structure, except if a variance is specifically granted for such. (Ord. 8-99, 7-6-1999)

   D.   Design: All fences hereafter constructed within the corporate limits of the village shall be designed in such a manner that the posts of the fence shall be on the interior of the fence and face the property of the individual constructing the fence.

   E.   Height: No fence, wall or other obstruction shall be erected over eight feet (8') in height. (Ord. 92-09, 4-14-1992)

Except as specifically authorized herein, signs shall be prohibited.

   A.   Signs In Residential Districts: In all residential districts, nonflashing, illuminated accessory signs are permitted in accordance with the regulations set forth as follows:

      1.   Nameplates And Identification Signs: Nameplates and identification signs, subject to the following:

         a.   Number And Size:

            (1)   One- and two-family dwellings, not more than one nameplate, not exceeding one and one-half (11/2) square feet in area, for each dwelling unit, indicating the name or address of the occupant or a permitted occupation; provided, that on a corner lot, two (2) such nameplates for each dwelling unit, one facing each street, shall be permitted.

            (2)   For multiple-family dwellings and buildings other than dwellings, a single identification sign not exceeding nine (9) square feet in area and indicating only the name and address of the building and the name of the management thereof may be displayed; provided, that on a corner lot, two (2) such signs, one facing each street, shall be permitted.

            (3)   Church bulletin boards; shall not exceed twenty four (24) square feet in area.

         b.   Projection Into Public Ways: No sign shall project beyond the property line into the public way.

         c.   Height: No sign shall project higher than one story, or eight feet (8') above curb level, whichever is lower.

      2.   Real Estate Signs: Signs advertising the sale or rental of property upon which the sign is located, provided:

         a.   Size:

            (1)   Signs advertising the sale of one residential lot shall not exceed nine (9) square feet.

            (2)   Signs for the sale of property within a new subdivision or for a single parcel of more than forty (40) acres shall not exceed one hundred (100) square feet and shall be permitted for a period of not more than two (2) years; except, that a permit may be renewed annually for a period not to exceed one year.

         b.   Location: The sign is located as directed by the zoning administrator, but in no case shall a sign be located closer than ten feet (10') to any other lot not under the same ownership nor project beyond the property line into the public way.

         c.   Height: No sign shall project higher than eight feet (8') above the road level.

   B.   Business Districts: The following signs shall be permitted and governed as follows in business districts:

      1.   Permitted Signs; Restrictions:

         a.   Nameplates And Identification Signs: Signs relating only to the name and use of buildings or premises upon which they are placed shall be permitted. For integrated shopping centers in single ownership and management, or under unified control, and containing five (5) or more stores or shops, one additional sign may be erected not exceeding one hundred (100) square feet in area advertising only the name and the location of the integrated shopping enter. Such sign shall be placed so as to be not less than ten feet (10') from the front property lines of the premises upon which the sign is located, and the bottom edge of the signs shall be at least eight feet (8') above the level of the ground, and the overall height shall not exceed twenty feet (20') above curb level, or above the adjoining ground level if such ground level is above the street level.

         b.   Wall Signs: Signs attached to a building or buildings shall not project more than eighteen inches (18") from the wall upon which they are attached. Signs must be attached to parapet walls or other wall surfaces made a part of the main structure. No sign shall project higher than four feet (4') above the parapet line or the roof line, whichever is higher.

         c.   Signs Attached To Marquees And Canopies: Signs attached to or hung from a marquee or canopy shall be completely within the borderline of the outer edge of the marquee or canopy and shall in no instance be lower than eight feet (8') above the ground or surface over which the marquee or canopy is constructed.

         d.   Location Of And Requirements For Freestanding Signs And Ground Signs: Signs, clocks or other advertising devices erected upon standards or separate supports shall be placed so as to be not less than ten feet (10') from the front property lines of the premises upon which they are located or the adjoining property line, and no part of the sign or standard shall have a total height greater than twenty feet (20') above the level of the street upon which the sign faces, or above the adjoining ground level if such ground level is above the street level; nor shall the surface of any such sign exceed an area of one hundred (100) square feet.

         e.   Traffic Signs And Markers:

            (1)   Highway directional signs and markers which shall be made and installed in accordance with the specifications of the village for announcing the location of or directing traffic to given locations which include, but are not limited to, the following:

               (A)   Service area: automobile, food, lodging.

               (B)   Business or business district.

            (2)   Traffic or directional signs designating entrances, exits and conditions of use of parking facilities accessory to the main use of the premises may be maintained, provided they are located within the property lines of the subject lot.

      2.   Prohibited Signs:

         a.   Advertising Signs And Billboards: Advertising signs and outdoor billboards advertising products or matters not related to the occupancy and use of the premises shall not be permitted.

         b.   Roof Signs: Signs attached to the roof of the building or to any other part of the building above the roof line shall not be permitted. (Ord. 92-09, 4-14-1992)

         c.   Signs Painted On Structures: No sign may be pasted or painted directly on the surface of any wall without the consent of the owner 1 .

         d.   Flashing Signs: No illuminated sign shall be of the flashing or intermittent type.

         e.   Signs Similar To Traffic Signs: Signs which may be in conflict with public traffic signals shall not be permitted.

         f.   Wall Signs; Signs On Fences In Residential Districts: No sign shall be placed on any wall, fence or standard facing the side of any adjoining lot located in any residential district.

      3.   Sign Area: The gross surface area of all signs on a tract of commonly owned lots shall not exceed a square foot area of one- half (1/2) the lineal frontage of such tract or thirty (30) square feet for each business use, whichever is greater. Each side of a building which abuts upon a street shall be considered as a separate frontage.

   C.   Signs In Industrial District:

      1.   Signs Permitted Generally: All signs and nameplates permitted in the business districts.

      2.   Billboards And Advertising Signs:

         a.   Area: Billboards, advertising signs and poster panels are permitted; provided, the total area of all such billboards, advertising signs and poster panels does not exceed two hundred seventy five (275) square feet.

         b.   Height: No advertising sign or billboard shall project higher than twenty feet (20') above the ground level beneath it.

         c.   Location:

            (1)   No advertising sign shall be located within five hundred feet (500') of any public park of more than five (5) acres in area. (Ord. 92-09, 4-14-1992; amd. 2003 Code)

            (2)   No advertising sign shall be located within one hundred fifty feet (150') of property located in a residence district.

      3.   Sign Area: The gross area in square feet of all signs on a lot shall not exceed four (4) square feet per lineal foot of building facade.

      4.   Height: No sign shall project higher than twenty five feet (25') above the ground level beneath it.

   D.   Portable Signs: Portable signs shall be allowed in all districts except the residential districts, subject to the following restrictions:

      1.   Definition: A "portable sign" is a sign, no face of which shall exceed thirty six (36) square feet, attached to or mounted upon a frame intended to be moved from place to place. Such signs may be used as a temporary sign and may or may not include movable lettering and/or electrical equipment for use as illuminated signs. All illuminated portable signs shall be wired with UL approved wiring connection. No flashing lights or other moving displays shall be permitted on such sign, and all illumination shall be of an indirect or diffused nature.

      2.   Permit Required: No portable sign shall hereafter be erected or maintained on any tract of commonly owned lots within the corporate limits of the village without having first obtained a permit therefor from the village clerk.

      3.   Time For Use: No portable sign now in use shall be maintained in use for a period of time in excess of twelve (12) months following the effective date of this subsection. No portable sign hereafter placed in use shall be maintained in use for a period of time in excess of twelve (12) months. Upon the expiration of said twelve (12) month period, the use of said portable sign shall be discontinued, and no portable sign advertising the same business or establishment shall be reinstalled or reerected for a period of six (6) months.

      4.   Permitted Purposes: Portable signs may be installed and maintained for the purpose of advertising promotions, anniversary sales, special sales or going out of business sales, provided:

         a.   Such signs shall be located only on the lot or lots upon which the promoting business establishment is located.

         b.   Such signs shall be maintained in place for no longer than fourteen (14) days, and upon the removal thereof, no similar signs advertising a promotion, anniversary sale, special sale, or going out of business sale shall be placed or erected for a period of thirty (30) days following the removal of the prior portable signs.

      5.   Number: No more than one portable sign shall be located on any lot or lots advertising any one business. When more than one business is located on one lot, each separate business shall be entitled to maintain, subject to the provisions of this subsection, one portable sign. (Ord. 92-09, 4-14-1992)

Except as permitted by sections 11-9-4 of this title and 11-10-3 of this chapter, no trailer, travel trailer or mobile home shall be permitted in any district except if located in a permitted trailer or mobile home park. (Ord. 95-2)

   A.   Adult entertainment establishments are prohibited in all zoning districts within the village of Leland and in the extraterritorial jurisdiction subject to the zoning ordinance of the village of Leland.

   B.   An "adult entertainment establishment" shall be defined as any commercial establishment which allows any of the following:

      1.   Any female person, while on the premises of said commercial establishment, to expose to the public view that area of the human female breast at or below the top of the areola thereof.

      2.   Any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in subsection B1 of this section.

      3.   Any person, while on the premises of said commercial establishment, to expose to public view his or her genitals, pubic area, or buttocks.

      4.   Any person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, or buttocks. (Ord. 3-03, 3-4-2003)