Chapter 18 Sec 18.1-18.8 2008-04 LAND USE ORDINANCE

April 11, 2022 By

LAND USE ORDINANCE 2008-04

CHAPTER 18

OPEN SPACE DISTRICT

(OS)

18.1. PURPOSE.

The purpose of the Open Space Zone is an interim zoning classification to be placed on any newly annexed area until such time as urbanization of the area occurs. It may also be used for public playgrounds, areas where environmental conditions exist that make building undesirable, or in areas where open space is identified as a condition of development due to such things as planned unit development.

18.2. PERMITTED USES.

18.2.1. Agriculture. See definition.

18.2.2 Livestock grazing.

18.2.3. Single-family dwellings.

18.2.4. Crop production.

18.2.5. Public park.

18.2.6. Home Garden.

18.3. CONDITIONAL USES.

18.3.1. Cemeteries.

18.3.2. Public Utilities.

18.3.3. Golf Courses.

18.4. DEVELOPMENT STANDARDS.

18.4.1. Height regulations.

No building may exceed two and one-half (2 ½) stories or thirty-five (35) feet in height whichever is less. No building shall be less than one (1) story in height.

18.4.2. Minimum area, width, and yard requirements.

District Area Width Front Setback Side Setback Rear Setback
Open Space 5 acres 250 feet 50 feet 35 feet 35 feet

18.4.3. Modifying Regulations.

18.4.3.1. Side Yard.

On corner lots, the side yard that faces on a street shall have the front setback applied to both the front and side.

18.4.3.2. Rear yard.

All accessory buildings shall be located at the rear of lot and at least 10 feet from the main building and shall comply with rear and side yard setbacks. The total of all accessory buildings on any five acre or larger lot in the area or not exceed the square footage of the main house whichever is less.

18.4.3.3. The distance between any residential structure and any farm animal or structure intended for use by farm animals shall be no less than on hundred (100) feet.

18.4.3.4. Front yard width.

A variance to the width of the front yard may be requested, when the lot is on a cul-de-sac, or on a curve in the street that exceeds a thirty (30) degree bend in the street; however, in no case shall the front yard width be reduced by more than fifty (50) percent. All other setback requirements remain as above, with the except that the front setback may be increased due to the granting of the variance.

18.4.3.5. One single family dwelling is permitted for each five (5) acres of land.

18.5. CONDITIONAL USE EVALUATION CRITERIA.

Conditional use evaluation criteria are contained in various Leeds Ordinances depending on the subject, and general criteria relating to a specific use can be found in Chapter 7 of this Ordinance. All criteria must be complied with to obtain a conditional use permit plus any additional conditions the Planning Commission or Town Council apply.

18.6. SIGNS.

See Sign Ordinance.

18.7. PROCEDURE TO OBTAIN CONDITIONAL USE PERMITS.

See Chapter 7, Conditional Uses for requirements, criteria, and procedures.

18.8. MODIFYING REGULATIONS.

Any stable corral, pen or run in which animals or fowl are maintained shall be at least one hundred (100) feet from any property line or residential building.