HomeMy Public PortalAbout2020_01_14_O002 TLOA-2017-0006, Zoning Ordinance Batch AmendmentsThe Town of
Leesburg,
Virginia
ORDINANCE NO. 2020-0-002
PRESENTED: January 14, 2020
ADOPTED: January 14. 2020
AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2, 3, 5, 6, 7, 9, 10, 11, 15, AND 18 AS PART OF THE 2017
ANNUAL "BATCH" AMENDMENTS
WHEREAS, the Department of Planning and Zoning has developed a regular process and
schedule for maintaining the Town's Zoning Ordinance for the purpose of making minor
changes resulting from implementing Town Plan goals and objectives, annual state mandated
legislative changes, and the correction of errors, inconsistencies or problems discovered in the
day-to-day administration of the Zoning Ordinance; and
WHEREAS, on August 8, 2017, the Town Council initiated amendments to the Town of
Leesburg Zoning Ordinance by adopting Resolution No. 2019-122; and
WHEREAS, a duly advertised Planning Commission public hearing was held on these
amendments on December 19, 2019; and
WHEREAS, at their December 19, 2019, meeting, the Planning Commission
recommended approval of these amendments to the Zoning Ordinance to the Town Council: and
WHEREAS, the Town Council held a duly advertised public hearing on these
amendments on January 14, 2019; and
WHEREAS, the Council has concluded that the approval of these amendments to the
Zoning Ordinance would be in the public interest and in accordance with sound zoning and
planning principles; and
• The Council of the Town of Leesburg, Virginia hereby ORDAINS,
SECTION I. That the following sections of the Zoning Ordinance of the Town of
Leesburg. Virginia, 2003, as amended, be and the same are hereby amended to read as follows:
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2, 3, 5, 6, 7, 9, 10, 11, 15, AND 18 AS PART OF THE 2017
ANNUAL "BATCH" AMENDMENTS
Sec. 3.4 Special Exceptions
3.4.6 Submittal Requirements
A special exception or minor special exception application shall be accompanied by the
following items:
21. Environmental and historic features, including but not limited to sites or structures
listed the on the National Register of Historic Places or the Virginia Landmarks
Register, or in the Town Plan Historic Resources element. During the pre -application
conference meeting, the Land Development Official may require additional
information identified in Section 3.3.6.M Archeological/Historic Information.
Section 3.4.14 Conditions and Safeguards
K. Mitigation or protection of significant historic and archeological resources.
Sec. 3.7 Zoning Permits
3.7.5 Site Plans
Whore a site plan has been c ,hmitted to and a ed h.. •he 1 e. nb.,rg Planning
Town Cede, one A copy of the approved site plan may be substituted for the plans required
above. The site plan case number must be indicated on the permit along with a copy of the
plan approval letter issued by the staff project planner.
Sec. 3.10 Certificate of Appropriateness (H-1 Overlay: Old and Historic
District)
3.10.12 Lapse of Approval
A Certificate of Appropriateness (COA) shall lapse and become void unless when:
A. Construction projects: Construction is has not commenced within twenty-four (24)
months from the date the COA was issued. A six-month extension may be granted
by the Zoning Administrator when the applicant clearly demonstrates, in writing
diligent pursuit of other extra -jurisdictional land development approvals. The
extension request shall be submitted to the Zoning Administrator no less than ten
(10) days prior to the expiration of the COA, or its extension. The Zoning
Administrator shall provide written notification of the administrative extension to the
owner/applicant and adiacent property owners. Up to, but no more than, four (4)
extensions may be administratively approved by the Zoning Administrator.
B. Prior to
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2, 3. 5, 6, 7, 9, 10, 11, 15, AND 18 AS PART OF THE 2017
ANNUAL "BATCH" AMENDMENTS
. Sign
installations: Installation of an approved COA for a sign(s) has not occurred within
twelve (12) months from the date the COA was issued. A one-time six-month
extension may be granted by the Zoning Administrator when the applicant clearly
demonstrates, in writing, diligent pursuit of other extra -jurisdictional land
development approvals. The extension request shall be submitted to the Zoning
Administrator no less than ten (10) days prior to the expiration of the COA. The
Zoning Administrator shall provide written notification of the administrative extension
to the owner/applicant and adjacent property owners.
3.10.13 Change of Plans after Issuance of Permit Certificate of Appropriateness
Sec. 3.13 Variances
3.13.9 Approval Criteria
Notwithstanding any other provision of law, general or special, a variance shall be granted if
the evidence shows that the strict application of the terms of the ordinance would
unreasonably restrict the utilization of the property or that the granting of the variance would
alleviate a hardship due to a physical condition relating to the property or improvements
thereon at the time of the effective date of the ordinance, or alleviate a hardship by granting
a reasonable modification to a property or improvements thereon requested by, or on behalf
of, a person with a disability. No variance shall be approved by the Board of Zoning Appeals
unless the Board of Zoning Appeals finds that all of the following statements are true with
respect to the subject property:
unceasenalgy-restriet-the-utifization-ef-the-jarepecty;
ndition relating to tho n arty n nts thereon at the time of the
is-seeking-retief-frern-besame-applicable-te-the-applisantLs-landllanel-intereett
C. Th -teed-for--a variance shared-generail ther properties
' C`_ Tien er.rtinterest for which the „ s being r acted ,. red in
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2, 3, 5, 6, 7, 9, 10, 11, 15, AND 18 AS PART OF THE 2017
ANNUAL 'BATCH" AMENDMENTS
I The granting of then ariaase-does-net--re It ' tht • •h rise
f y;
A. The property interest for which the variance is being requested was acquired in
good faith and any hardship was not created by the applicant for the variance.
B. The granting of the variance will not be of substantial detriment to adiacent
property and nearby properties in the proximity of that geographical area.
C. The condition or situation of the property concerned is not of so general or
recurring a nature as to make reasonably practicable the formulation of a general
regulation to be adopted as an amendment to the ordinance.
D. The granting of the variance does not result in a use that is not otherwise
permitted on such property or a change in the zoning classification of the
property.
E. The relief or remedy sought by the variance application is not available through a
special exception process that is authorized in the ordinance pursuant to
subdivision 6 of § 15.2-2309 or the process for modification of a zoning
ordinance pursuant to subdivision A 4 of § 15.2-2286 at the time of the filing of
the variance application.
(Code of Virginia §15.2-2309)
3.13.12 Conditions and Safeguards
In granting variances, the Board of Zoning Appeals may impose such additional conditions
and safeguards upon the character, location and other features of the proposed structure or
use as the Board of Zoning Appeals deems necessary for the protection of the general
welfare and individual property rights, and to ensure compliance with the intent and
objectives of this Zoning Ordinance. Such conditions may include a financial guarantee or
bond requirement to ensure compliance with all imposed conditions. Any variance granted
to provide a reasonable modification to a property or improvements thereon requested by, or
on behalf of, a person with a disability may expire when the person benefited by it is no
longer in need of the modification to such property or improvements provided by the
variance.
(Code of Virginia §15.2-23091
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2, 3. 5, 6, 7, 9, 10, 11, 15, AND 18 AS PART OF THE 2017
ANNUAL `BATCH" AMENDMENTS
Sec. 3.16 Town Plan Amendments
3.16.8 Planning Commission Review and Recommendation
Following the public hearing
of an applicant initiated amendment the Planning Commission shall forward the proposed
amendment to the Town Council, together with a statement setting forth its reasons for such
recommendation. If an amendment is referred by the Town Council, decirec an amendment
it-cmay-direst the local Planning Commission shall hold a public hearing within 60 days or
such longer timeframe as may be specified with such written request by the Town Council.
If the Planning Commission fails to make a recommendation
on the amendment within the aforesaid timeframe, the Town Council may conduct a public
hearing, which shall be advertised as required by $ 15.2-2204.
(Code of Virginia 15.2-2229)
3.16.9 Town Council Review and Decision
Once the Planning Commission has forwarded a recommendation to the Town Council, the
the
Council shall act within ninety (90) days of the local pPlanninq sCommission's
recommendation.
(Code of Virginia §15.2-22291
Section 3.16.10 : Reserved
apprepriateness-of-the-ssIleclute-faFfUtUfe-SUbfRiraras-that-shall-be-pre1/24
by the Coa ncil the time p ed extension will a .. the a ration data of a
previeue-time-periect-exteheten-er-eFiginal-elete-ef-applisatien-asseptahse,
Sec. 5.5 R-6, Moderate Density Residential District
Section 5.5.3.0 Density/Intensity and Dimensional Standards
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2, 3. 5. 6, 7, 9, 10, 11, 15. AND 18 AS PART OF THE 2017
ANNUAL "BATCH" AMENDMENTS
Table 5.5.3, R-6 District Standards
C. Minimum Yards/Setbacks (feet) I
Front: Principal Building
15
Front: Garage Entrance
20
Side
101_3j
Rear
20
J31 Interior side yard setback shall be 0 feet for an interior duplex lot.
Sec. 5.6 R-HD, Historic Residential District
Section 5.6.3.0 Density/Intensity and Dimensional Standards
Table 5.6.3 R-HD District
Standards
C. Minimum Yards/Setbacks (feet)
Front
1
Side
5J2_1
Rear
30
J21 Interior side yard setback shall be 0 feet for an interior duplex lot.
Sec. 5.7 R-8, Medium -Density Attached Residential District
Section 5.7.3.0 Density/Intensity and Dimensional Standards
_Table 5.7.3, R-8 District Standards I
C. Minimum Yards/Setbacks (feet —I
Front: Principal Building
15
Front: Garage Entrance
20
Side I10J1J 3
Rear
20
J31 Interior side yard setback shall be 0 feet for an interior duplex lot.
Sec. 5.8 R-16, Planned Housing Development District
Section 5.8.3.D Density/Intensity and Dimensional Standards
Table, 5.8.3, R-16 District
Standards
IC.
Minimum Yards/Setbacks (feet) I
Single -Family Attached
I
Front
10
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2, 3, 5, 6, 7, 9, 10, 11, 15, AND 18 AS PART OF THE 2017
ANNUAL "BATCH" AMENDMENTS
Table, 5.8.3, R-16 District
Standards
Side
end units
Rear
10
3
20
131 Interior side yard setback shall be 0 feet for an interior townhouse lot.
Sec. 7.10 Crescent Design (CD) District
Section 7.10.2 Applicability
G. Applicability Exceptions. €xceptfor Excluding existing proffered rezonings as
noted above, new uses, structures, and lots and streets that are created after -the
shall be subject to the requirements of the CD District,
except as provided below.
1. Expansion.
a. Less than 10%. Expansion of an existing nonconforming structure's
gross floor area less than ten percent shall use the densityfintensity
and dimensional standards of the underlying zoning district prior to
January 8, 2013.
b. Greater than 10%. A one-time expansion of an existing
nonconforming structure's gross floor area ten percent (10%) or
greater shall be subject to the requirements of this section, including
but not limited to siting specifications, site requirements, building type
specifications, building materials, building height, use,
density/intensity standards, and dimensional standards.
2. Uses. For use of existing nonconforming structures whereupon (i) no
expansion is proposed, or (ii) the expansion of the existing gross floor area is
less than ten percent (10%), the uses shall be subject to the underlying
zoning district's uses prior to January 8, 2013. Any one-time expansion of an
existing nonconforming structure's gross floor area ten percent (10%) or
greater shall require compliance applicable CD use standards.
3. Alterations: Facade alterations or expansions to existing buildings that were
within the boundaries of the H-2, Historic Corridor Architectural Control
Overlay District, at the time of adoption of the CD District shall comply with
building elements specifications of Sec. 7.10.6 Building Type Specifications
and Sec. 7.10.7 Building Material and Other Requirements.
4. Maintenance and Repair: Maintenance and repair work for existing
nonconforming structures shall be exempt from the CD design standards in
Sec. 7.10; such exempt activities include roof or window replacement,
mechanical and electrical upgrades, interior tenant fit -out, parking resurfacing
and other site work, such as stormwater improvements, landscaping, and site
amenities, or other similar activities as determined by the Zoning
Administrator.
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2, 3, 5, 6, 7, 9, 10, 11, 15, AND 18 AS PART OF THE 2017
ANNUAL 'BATCH" AMENDMENTS
1, 1! conformities. E^ st n se, c� uctures (other than c .all rl f
.�^yam ., �........
0
of the g of the a isting buildin shall be n rmitted An,. c hseg ,ent
0
regrtiaons effect on March opt the time the GD Dictr:nt was adopted n
d Repair and .p 'Nona ork shall be a mpt witho. t r and to Sec 74071,1
wripr-evement-werkkpacking-resuffaeing-aciel-ethec-site-weisush-as
stormwater- nts landscaping nd site nae
Sec. 9.2 Use Table
Table 9.2,
Use Table
Use Type
RR
E
1
R
2
R
_4
R
6
R
0
R
8
R
6
R
2.
O
1
B
1
B
2
B
3
B
4
I
1
Use
Standard
P = Perm tted by Right S = Spec al Excep ion Approval Required (Sec 3.4)
M = Mino Special Exception App oval Required (Sec. 3.4
Commercial Uses -
Doggie Day Care
������❑�❑❑� S S SS
Personal Services
��❑❑����❑
P P P u
P f
PJSec.
9.3.19
Sec. 9.4 Accessory Uses
9.4.7 Family Day Homes
A. Description. Family Day Homes for one (1) to four (4) children shall be permitted
bv-right, and shall be exempt from a Home Occupation Permit five (5) to nine (9)
children are permitted by -right and 10-12 by special exception, subject to
meeting the performance standards below and Section 3.4.13 as applicable. A
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2, 3, 5, 6, 7, 9, 10, 11, 15, AND 18 AS PART OF THE 2017
ANNUAL `BATCH" AMENDMENTS
home occupation application is required and shall include a Sketch Plan
depicting the entire lot to scale, setbacks, pathway to door of facility, drop-off and
pick-up locations, location of any permanent in -ground play equipment, the size
and location of the required outdoor play area and required fence.
B. Required Notice. As required by Va. Code Section §15.2-2292, upon receipt
of an application for a by -right Family Day Home for 6 five (5) to nine (9)
children the Zoning Administrator shall send notice by registered or certified
letter to the last known address of each adjacent property owner. If the
Zoning Administrator receives no written objection from a person so notified
within thirty days of the date of sending the letter and determines that the
Family Day Home otherwise complies with the provisions of the ordinance,
the Zoning Administrator shall issue the permit sought.
Sec. 10.3 Alternative Residential Development Options
Table 10.3.3.H Additional Development Standards
Criterion
Lot Size/Standard
5,000 —10,000 sf in area
10,000+ sf in
area
1. Front setback
25' maximum
20' minimum
2. Front garage setback
31' minimum
N/A
3. Side setback
6' minimum
10' minimum
4. Rear setback
25' minimum
30' minimum
5. Rear garage setback
4 5' minimum
N/A
6. Minimum width (interior lots)
45
70
7. Minimum width (corner lots)
70
70
Sec. 10.4 Measurements, Computations and Exceptions
10.4.5 Minimum Yard Requirements
C. Extensions into Required Yards. The following uses and structures shall be
permitted to be located within required yards, subject to the limitations established
herein. No structure may be erected over a public right-of-way or easement, except
as permitted in the Town Code.
1. Accessory Structures. Accessory structures or structures which are customarily
incidental and subordinate to the principal structure or use on the property may
be erected within a required side or rear yard, provided such accessory
structures: and a rased from tho n ..l str ct, re b., a often
assessepg-strustwes-ace-lesated-a4ninimum-sf-two-(2)-feet-frem-the-pfspecty-fine
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2, 3, 5, 6, 7, 9, 10, 11, 15, AND 18 AS PART OF THE 2017
ANNUAL `BATCH" AMENDMENTS
twenty fom feet in height
a. are separated from the principle structure by a minimum of ten feet (10'); and
b. are located a minimum of two feet (2') from a side or rear property line; and
c. are located no closer than five feet (5') to any structure on an adiacent lot;
and
d. within residential zoning districts shall not exceed twenty feet (20') in height;
and
e. within residential zoning districts shall not exceed 900 gross square feet in
area, or no more than fifty percent (50%) of the principal structure's footprint,
whichever is less; and
f. within multi -family and non-residential uses shall not exceed fifty percent
(50%) of the principal structure's footprint, and shall adhere to the district
regulations for side and rear yard requirements.
4. Balconies, Chimneys, Porches, Bay Windows, Steps and Landings.
Balconies, Chimneys, Porches, Bay Windows, Steps and Landings which
may project up to three feet
into required yards, but no closer than five feet (5') to any lot line.
5. Decks and Patios.
d. Patios located within the Old and Historic Overlay District (H-1), may
encroach into any required yard without restriction. Patios shall be designed
to accommodate any necessary overland drainage.
Sec. 11.3 Number of Parking Spaces Provided
Table 11.3 Parking Standards Table
Type of Use
—1
Minimum Number of Spaces Required
Residential Uses
Eating Establishment, Sit Down
1.0per 150 feet floor
square gross area, plus
ene-additienal-fer-eveFy-fau-r-eutsitie-seats,
r ats.
Outdoor Seating Areas
First 20 outdoor seats are exempt; 1.0 per every
four seats thereafter.
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2, 3. 5, 6, 7, 9, 10, 11, 15, AND 18 AS PART OF THE 2017
ANNUAL 'BATCH" AMENDMENTS
Sec. 11.6 Parking and Loading Area Design Standards
11.6.1 General
L. Delineation of Employee Parking. Each required employee parking space shall
be readily identified by durable pavement markings as depicted on any required
site plan or zoning permit.
Sec. 18.1 Term Defined
18.1.20.1 Brewpub
A An restaurant eating establishment that prepares distilled spirits handcrafted beer, aadler
ether -malt -beverages, wine and/or similar beverages as an accessory use intended for
consumption on the premises or sold for consumption off -premises in hand -capped or
sealed containers in quantities up to one-half barrel (or 15.5 gallons), up to a maximum total
of 5,000 barrels (31 gallon/barrel) per year.
and kogginn shall not exoeed 25 n ent of the total floor o of the ,
18.1.20.1 Microbrewery (Craft Beverage Facility)
assessenfrusera4estaurant-Gr--Pac-Ret-te-e*seed-25-persent-ef-the-tetal-flear-area-ef41%-use.
A small -scaled facility manufacturing no more than 15,000 barrels of beer per calendar year
or a small-scale distillery, winery, meadery, or cidery manufacturing no more than 36,000
gallons; all as licensed in accordance with the Code of Virginia, as amended. These facilities
may also include accessory tasting rooms at which the consumption of the beverage
manufactured on -site occurs, accessory food sales, and where retail sales of the
manufactured product is conducted.
(Code of Virginia 44.1-206, 207, 208, and 213)
18.1.61.1 Family Day Home
family. A child day program offered in the residence of the provider or the home of any of the
children in care for one through 12 children under the age of 13, exclusive of the provider's
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE
ARTICLES 2. 3, 5, 6, 7, 9, 10, 11, 15, AND 18 AS PART OF THE 2017
ANNUAL `BATCH" AMENDMENTS
own children and any children who reside in the home, when at least one child receives care
for compensation.
(Code of Virginia §63.2-100)
SECTION III. Severability. If a court of competent jurisdiction declares any provision
of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or
any remaining provisions of this ordinance.
SECTION IV. This ordinance shall be in effect upon its adoption.
PASSED this 14'^ day of January. 2020.
Kelly Bufk, 1\.% r�
Town of Leesburg
ATTEST:
/ru.l ?3,1—a?
Clerk of Council
LF\LeesburgRMS\Tow•n_Clerk\Ordinances \2020\0114 TLOA-2017-0006. Zoning Ordinance Batch Amendments