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LEAFMORE OVERLAY DISTRICT

Sec. 0.1 Applicability of Regulations

This division establishes standards and procedures that apply to any development that is in whole or in part within the Leafmore Overlay District.

Sec. 0.2 Statement of Purpose and Intent

The purpose and intent in establishing the Leafmore Overlay District is as follows:

1. To implement the policies and objectives of the residents of the subject neighborhood, as elucidated by the LCPHCA;

2. To ensure that new developments are compatible with the height, size, and level of forestation of the existing residences;

3. To encourage property owners to improve and renovate the existing housing stock, rather than demolish the same;

4. To preserve the visual appearance of the subject neighborhood; and

5. To preserve the existing economic and social structure of the neighborhood.

Sec. 0.3 District Boundaries

The boundaries of the Leafmore Overlay District shall be established by a zoning map amendment adopted pursuant to this chapter which amendment shall be incorporated herein and made a part of this Chapter 27.

Sec. 04. Principal Uses and Principal Structures

The principal uses of land and structures that are allowed in the Leafmore Overlay District are as provided by the applicable zoning district, subject to the limitations and standards contained within this division.

Sec. 05. Accessory Uses and Accessory Structures

The accessory uses of land and structures that are allowed in the Leafmore Overlay District are as provided by the applicable zoning district, subject to the limitations and standards contained within this division.

Sec. 0.6 Architectural Regulations

The regulations outlined below shall only apply to land where an existing residence is demolished and replaced by new construction (defined below). Except as provided herein, nothing contained in these regulations shall or is intended to restrict the right of property owners to make improvements, additions, or modifications to existing structures. The following architectural regulations shall apply to all uses and structures within the Leafmore Overlay District:

1. New Construction. New Construction shall mean a situation where thirty-five (35%) percent or more of the square footage, or thirty-five (35%) percent or more of the roof, of the existing residence is demolished and new structures or portions of structures are constructed thereupon.

2. Height. No New Construction residence shall have a height greater than twenty-eight (28) feet as measured from the threshold of the main entrance of the existing residence to the topmost point of the roof of the proposed New Construction. If the New Construction would require alteration or eradication of the original threshold, then the original elevation thereof shall be measured and recorded, in a commercially practicable manner, prior to and become a part of the application for any Building Permits.

3. No Increase in Density. No New Construction otherwise permissible hereunder shall be allowed if such construction would increase the housing density in the Leafmore Overlay District. All existing R-100 and R-85 properties within the District shall remain as currently zoned.

Sec. 0.7 Severability

Each of the provisions included in Section 0.6 above is separate, distinct and severable from the other and remaining provisions of this Regulation, and that the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision or provisions of this Regulation.