HomeMy Public PortalAbout1979_03_14 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 14 , 284
1977.
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia,
on March 14 , 1979 at 7 : 30 P .M. The meeting was called to order
by the Mayor, with the invocation being given by Mr. Tolbert, and
followed with the Salute to the Flag led by Mr. Hill . Present were:
Mayor Kenneth B. Rollins, Councilmembers Stanley D. Herrell, Jr. ,
G. Dewey Hill, Jr. , Marylou Hill , Walter F. Murray and John W.
Tolbert, Jr. ; also, Town Manager John Niccolls, Assistant Manager
Jeffrey H. Minor, Director of Finance Donald 0. Taylor, Chief of
Police James M. Kidwell and Town Attorney George M. Martin. Absent
from the meeting was Councilmember Glen P. Cole.
The minutes of the regular meeting of February 28 , 1979 were
approved as written.
MANAGER' S REPORT:
(1) He called attention to the Activity Report issued by
Mr. Minor in his absence; also copies of the Capital Projects
Report hale been distributed to members recently. This attempts
to recap the status of the various major projects underway in
Leesburg.
(2) The Public Works Department has begun construction of
the well facilities on Evergreen Mill Road. Excavation is under-
way, all critical materials for the early stages of construction
have been received - there seems to be no reason to believe the
projects cannot be completed by June 1 .
(3) The Engineering Department will have complete by the end
of the week or first of next week revised specifications for next
year' s resurfacing work and the Public Works Department will have
for its next meetings a proposed list of projects to be bid, after
the list has been reviewed, early this spring (next month) and this
work will be under way as requested very early in the year.
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mr. Hill said he was at the site of the Evergreen Mill wells
yesterday and inquired as to how deep they were putting, the pump.
He was told that it would be 75 feet. The tests were done about
20 feet below this, and he wondered why they were not going down
that far. He felt it would be much cheaper to install it at that
depth now, rather than having to lower it later on. He asked if
this has an adverse effect on overworking the pump? Is this why
they raised it 20 feet higher? Mr. Niccolls said they have not
completed their review of this question, but he has asked Mr.
Shope and Mr. Chaves to review this . A full report will be avail-
able shortly. He went on to explain that these are submersible
pumps and they are easy to raise or lower "at will . " The only
issue is that of the possibility of pulling gravel down from the
cavern.
Mrs. Hill noted that there have been three incidents of damage
to the elevated water tank and that we have purchased new gates. She
asked if they are supposed to be "vandal-proof?" Mr . Niccolls said
he doubted it, but the light is turned off at this time so as not
to call attention to it . He said they are fabricating a grate
which will be affixed to the upper ladder - this would make it a
lot of effort to get up there. There were suggestions of taking
the ladder down, installing an electric fence, along with a sign
indicating such a fence and displaying art on the tank. Mr. Niccolls
said it is planned to repaint the top of the tank, with town forces
performing the work. Mayor Rollins felt the entire tank should be
repainted - otherwise, there will be a difference in colors.
Mrs. Hill also noted that few people are paying attention to
the entrance and exit on the West Loudoun Street side of the parking
lot. Mr. Niccolls said it looks as though some low signs will have
to be installed at these locations.
Mr. Tolbert reminded that he had requested that the entrance
to the Airport be repaired. Mr. Niccolls said this is on the list,
but there has not been time nor decent weather to do it .
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MINUTES OF MARCH 14 , 1979 MEETING . '
MAYOR' S REPORT:
Mayor Rollins concurred with the policies set up for snow re-
moval, but he asked why they are proposing to clear both sides of
King Street and no other streets . Why not Market Street also?
Mr. Murray thought Market Street was included. He said they felt
that King Street is a main artery through the town and this should
be done to promote proper movement of traffic through town. Mr.
Herrell asked why the downtown merchants were being given prefer-
ential treatment - he felt Mr. Wilhoit would be back with the same
problems . After some further discussion on this matter, it was felt
the Public Works Committee should discuss this further. Mayor Rol-
lins suggested the possibility of this being an ordinance to regu-
late snow removal.
Mayor Rollins also asked if the new water distribution lines
have been put into the system yet? Mr. Hill said they are all in
except for Loudoun Street.
79-0-4 - ORDINANCE - AMENDING THE ZONING ORDINANCE OF THE TOWN OF
LEESBURG.
On motion of Mrs. Hill , seconded by Mr. Tolbert, the following
ordinance was proposed :
et
WHEREAS, the Planning Commission initiated proposed amend-
ments of the LeesburgZoningOrdinance to provide revised
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sign regulations on August 17 , 1978 , and on January 4 , 1979 ,
C after conducting a public hearing as required by Section
15 . 1-431 of the Code of Virginia, recommended adoption of
such amendments by this Council; and
WHEREAS, a public hearing required by Section 15 . 1-431 was
conducted by this Council on February 14 , 1979 , to hear per-
sons speaking for and against the proposed amendments :
THEREFORE, ORDAINED by the Council for the Town of Leesburg,
Virginia, as follows :
SECTION I . Sections 3-3-5 , 3-3-6 , 3-3-7 , 4-3-3 , 15-1-62
and 15-1-63 of the Leesburg Zoning Ordinance are repealed.
SECTION II . Sections 3-3-4 , 4-3-2 , 4-A-3-1, 4-B-3-2 , 5-4-2 ,
6-4-2 and 7-4-3 of the Leesburg Zoning Ordinance are amended
to read as follows :
3-3-4 Signs as specified in Article 8-A.
4-3-2 Signs as specified in Article ,8-A.
4-A-3-1 "R-1" District permitted accessory uses .
4-B-3-2 Signs as specified in Article 8-A.
5-4-2 Other accessory uses customarily incidental to a
permitted principal use, including signs as
specified in Article 8-A.
6-4-2 Signs as specified in Article 8-A.
7-4-3 Signs as specified in Article 8-A.
SECTION III . The Leesburg Zoning Ordinance is amended to
add 31 new sections to read as follows :
4-A-3-2 Signs as specified in Article 8-A.
4-C-3-2 Signs as specified in Article 8-A.
15-1-61 . 6 Sign, bulletin board. A structure containing a
surface upon which is displayed the name of a re-
' ligious institution, school, library, auditorium,
stadium, athletic field or arena, or other simi-
lar use for the announcement of services of activi-
ties to be held therein.
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MINUTES OF MARCH 14 , 1979 MEETING . 286
15-1-61 . 7 Sign, business. A sign which directs attention to
a use, commodity, service, business or profession
conducted, offered, or sold upon the premises where
such sign is located.
15-1-61 . 8 Sign, canopy. A sign displayed upon a canopy.
15-1-61 . 9 Sign construction. A sign indicating the names
of architects, engineers, contractors, and simi-
lar persons involved in the design and construc-
tion of a structure or project.
15-1-61 . 10 Sign, directional . A sign directing vehicular
or pedestrian movement into a premise or within
a premise.
15-1-61 . 11 Sign face. The surface of the sign upon, against,
or through which the message of the sign is ex-
hibited.
15-1-61. 12 Sign frontage. The length of all abutting public
rights-of-way, except alleys and pedestrian walk-
ways.
15-1-61 . 13 Sign, free-standing. A sign suspended or supported
by one or more uprights or braces mounted directly
upon the surface of the land.
15-1-61. 14 Sign, functional . The term used to describe the
nature of the message conveyed by a sign.
15-1-61. 15 Sign, height. The vertical distance from the
uppermost point used in measuring the area of
the sign to the ground immediately below such
point or to the level of the upper surface of
the nearest curb of a street or alley, other
than a structurally elevated roadway, whichever
measurement permits the greatest elevation of
the sign.
15-1-61 . 16 Sign, identification. A sign which displays only
the name, address and/or use of the premises upon
which the sign is located.
15-1-61. 17 Sign, illuminated. A sign that is lighted by an
artificial light source .
15-1-61. 18 Sign, marquee. A sign which is displayed upon a
marquee.
15-1-61 . 19 Sign moving. A sign which in part or total rotates,
revolves, or otherwise is in motion, or which ap-
pears to move.
15-1-61. 20 Sign, nonconforming. A sign which does not conform
to the requirements of this ordinance but which was
erected before this ordinance and any immediate
predecessor to this ordinance became effective.
15-1-61. 21 Sign, outdoor advertising. A poster panel sign.
15-1-61. 22 Sign, painted. A structure on which advertising
design is either painted or painted on another sur-
face, as paper, and posted and which may incor-
porate the use of cut-outs and/or other embellish-
ments .
15-1-61 . 23 Sign, political. A sign calling attention to a
candidate or issue soon to be the subject of an
election.
15-1-61 . 24 Sign, portable . A sign which is not permanently
affixed to a structural base or building and which
is movable to and from locations .
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MINUTES OF MARCH 14 , 1979 MEETING .
15-1-61 . 25 Sign, poster panel . A sign which is not more
than 12 by 25 feet overall on which posters are
displayed similar to an outdoor advertising sign
or a painted sign.
15-1-61 . 26 Sign, projecting. A sign suspended from or sup-
ported by a building, structure, or column and
extending therefrom more than 15 inches .
15-1-61. 27 Sign, promotional . A temporary sign which is
generally owned by the user and is displayed to
promote a specific event or activity, such as ,
civic and charitable projects, commercial sales,
business openings and closings and seasonal mer-
chandise; and which is brought to the premises
ready to use except for application of changeable
copy, extension of braces or' other means to tempo-
rarily mount the sign, and connection to electri-
cal outlets .
15-1. 61. 28 Sign, real estate. A sign pertaining to the sale
or lease of the tract of land on which the sign is
located or the sale or lease of one or more struc-
tures or a portion thereof located on such tract
Et of land.
et
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15-1-61 . 29 Sign, real estate development. A sign which adver-
; tises a subdivision or other real estate develop-
ment.
15-1-61 . 30 Sign, structural . A term used to describe the physi-
cal form of a sign.
15-1-61. 31 Sign, structure . The supports, uprights, bracing
or framework for a sign.
15-1-61. 32 Sign, temporary. A sign which is displayed for a
limited period of time, including promotional signs
but exclusive of political signs.
15-1-61. 33 Sign, wall . A sign which is affixed or attached to
the wall of a building or other structure by being
painted directly thereon or attached directly there-
on or which extends not more than 15 inches there-
from.
15-1-61 . 34 Sign, warning. A sign indicating danger or a situa-
tion which is potentially dangerous .
SECTION IV. Sections 15-1-61, 15-1-61 . 1 , 15-1 . 61 . 2 ,' 15-1-61 . 3 ,
15-1-61. 4 , and 15-1-61 . 5 of the Leesburg Zoning Ordinance are
amended to read as follows :
15-1-61 Sign. A name, identification, description, display
or illustration which is affixed to or painted upon
or represented directly or indirectly upon a build-
ing structure or other physical object or piece of
land which directs attention to an object, product,
place, activity, person, institution, organization,
business or other human endeavor.
15-1-61 . 1 Sign, advertising. A sign which directs attention
to a use, commodity, or service not necessarily re-
lated to the premises on which the sign is located.
15-1-61. 2 Sign area. The entire area within a single continu-
ous perimeter enclosing the extreme limits of writ-
ing, representation, emblem or figure of similar
character together with any frame or other material
or color forming an integral part of the display or
used to differentiate such sign from the background
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MINUTES OF MARCH 14 , 1979 MEETING. 288
against which it is placed, excluding the necessary
supports or uprights on which the sign is placed;
sign area shall be computed from measurements of
the maximum silhouette of the largest sign face
or comtination of faces as viewed from a single
point.
15-1-61 . 3 Sign, awning . A sign displayed upon an awning.
15-1-61. 4 Sign base. A part of a sign that is attached to
the ground, if free-standing; otherwise, for the
purposes of measuring, the land under a sign.
15-1-61. 5 Sign, billboard. An advertising sign.
SECTION V. The Leesburg Zoning Ordinance is amended to add
a new article to read as follows :
ARTICLE 8-A SIGNS
8-A-1 The following regulations shall apply to property
within all zoning districts.
8-A-1-1 Yard Requirements . No sign shall be placed within
any yard required by this Article unless such re-
quirements are specifically modified by this Article.
8-A-1-2 Subject of Signs. The subject of all signs must
refer to a permitted and existing use on the premises
where the sign is situated except as permitted in
this Article.
8-A-1-3 Obsolete Signs. It is unlawful to maintain for more
than 30 days any sign which has become obsolete be-
cause of discontinuance of the business, service or
activity which it advertises , removal from the loca-
tion to which it directs or for any other reason.
The fact that an obsolete sign is non-conforming
shall not be construed as modifying any of the re-
quirements of this section.
8-A-1-4 Non-conforming Signs. Any sign lawfully in existence
at the time of the effective date of this Article
may be maintained although it does not conform with
the provisions of this Article; except, that any non-
conforming sign shall be removed no later than 2 years
after discontinuance of the activity advertised.
8-A-1-5 Sign Maintenance . All signs and components thereof
shall be kept in good repair and in a safe, neat,
clean and attractive condition.: .
8-A-1-6 Removal of Signs in Violation. The Zoning Adminis-
trator may order the removal of any sign erected or
maintained in violation of this Article. He shall
give 30 days notice in writing to the owner of such
sign or of the building structure or premises on
which such sign is located, to remove the sign or
to bring it into compliance with this Article.
8-A-1-7 Exceptions . The following signs are not subject to
the provisions of this Article.
(a) Governmental signs for control of traffic
and other regulatory purposes, including street signs
and warning signs.
(b) Signs of public utility companies for the
purpose of safety.
(c) Flags, emblems and insignia of any govern-
mental agency.
(d) Temporary displays of a patriotic, religious,
charitable or civic character on private property.
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MINUTES OF MARCH 14 , 1979 MEETING . 289
(e) Commemorative plaques placed by recog-
nized historical agencies .
(f) Signs within a stadium, open-air theatre,
shopping center, arena or other use which can be
viewed only by persons within such use.
(g) Signs are not visible beyond the boundaries
of the lot or parcel upon which they are situated,
or from any public thoroughfare or right-of-way.
(h) Signs not exceeding one square foot in
area and bearing only property numbers, post office
box numbers , or names of occupants of premises.
I/
8-A=1=8 Prohibited Signs . The following signs are prohibited
in the town :
(a) Signs visible from the public streets
which are affixed to trees, poles, or other struc-
tures, except free-standing signs and except as pro-
vided herein.
(b) Signs, other than permitted temporary or por-
table signs, which are not securely affixed to the
ground or some structure affixed to the ground.
(c) All moving or flashing signs .
(d) Signs not permitted by this Article and,
if erected before the date this chapter became ef-
fective, signs not permitted by the Zoning Ordinance
effective March 9 , 1959 as amended.
(e) Signs erected in or over .a public street or
way, except as permitted in this Article or else-
where in the Town Code.
(f) Signs at or near any intersection of streets
erected in such a manner as to obstruct clear and
free vision from one street to the other by the
sign, its mounting, structure, supports, base or
any other part, when one is seated in an automobile
at or near the intersection.
(g) Signs at any location where by reason of
position, shape or color, the sign may interfere
with, obstruct the view of , or be confused with
any authorized traffic sign, signal or device, or
any such sign which makes use of the words, "STOP" ,
"LOOK" , "DANGER" , or other such words , phrase, or
symbol, in such manner as to interfere with, mis-
lead, or confuse the drivers of motor vehicles
within the town.
(h) Signs with light sources of such bright-
ness as to constitute a hazard to pedestrian or
vehicular traffic; any beamed light or light of
great intensity pointing toward on-coming traffic
or any other property.
(i) Signs, handbills, posters, advertisements,
or notices of any kind which are fastened, placed,
painted or attached in any way, upon curbstone,
fence, lamppost, telephone pole, electric light or
power pole, hydrant, bridge, culvert, public drink-
ing fountain, public trash container, courtesy bench,
rest station, building, tree, or in or upon any por-
tion of any public street, right-of-way, sign or
signal except as specifically permitted within this
Article.
(j) Signs not accessory to a permitted princi-
pal use.
(k) Roof signs .
(1) Billboards, advertising, outdoor advertis-
ing and poster panels .
8-A-1-9 Illuminated signs . Illuminated signs are not per-
mitted in residential zoning districts except as
regulated by Section 8-A-1-15. 6 . Signs in "MC" ,
Business and Industrial Zoning Districts may be
illuminated by indirect or interior lighting pro-
vided that the source of light shall concentrate
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MINUTES OF MARCH 14 , 1979 MEETING. 290
the illumination upon the area of the sign so
as to prevent glare upon the street or adjacent
property. Signs, if illuminated on properties
within the H-1 Historic District shall be lighted
with white light only.
8-A-1-10 Height of signs .
(a) Free-standing signs in residential zoning
districts shall not exceed 12 feet in height.
(b) Free-standing signs in MC, business and
industrial zoning districts shall not exceed the
height limitations of the zoning district for build-
ings unless they are oriented toward a street with-
in 600 feet which is higher in elevation than the
base of the sign, in which case such elevated sign
may exceed the height of the elevated street by 30
feet.
8-A-1-11 Temporary and political signs, generally.
(a) Temporary signs shall be displayed for
not more than 14 days in a 90 day period. Tem-
porary signs in MC, business and industrial dis-
tricts may not be illuminated. No temporary sign
shall exceed in area the sign area allowed for
permanent signs of the same structural type, ex-
cept as provided in this Article. Temporary signs
in lawful existence and lawful use of the date this
Article became effective will continue to be con-
trolled by the zoning ordinance effective March 9 ,
1959 , as amended, until their lawful use is ended.
Temporary signs originally erected and in existence
and use from and after the date this Article becomes
effective will be controlled by this Article.
(b) Political signs shall be permitted only
as provided below:
(1) Political signs are permitted on
zoning lots in addition to other permitted
signs.
(2) The area of political signs shall
not exceed eight square feet in Business and
Industrial districts .
(3) Political signs may be displayed only
during the period 45 days before to five days
after an election to which they pertain.
(4) Political signs shall not be permitted
in MC and residential districts.
8-A-1-12 Permits, fees for permits. Except as provided
herein, no person shall erect, install , use, alter,
relocate, replace or reconstruct any sign regu-
lated by this Article without first applying to
the Zoning Administrator for a sign permit; ap-
plying for a sign permit; applying for and receiv-
ing a Historic District Zoning Permit, if applicable;
paying the fee provided herein to the Town and being
issued an approved sign permit.
For signs of six or less square feet of sign
area, the fee for a sign permit shall be $5 . 00 .
For signs of more than six square feet of sign
area, the fee shall be $10 . 00 .
For identification signs of less than ten square.
feet and for all temporary and political signs , there
shall be no fee.
For repainting or cleaning of an advertising
structure or the changing of advertising copy or mes-
sage thereon, unless a structural change is made,
there shall be no permit or fee required.
MINUTES OF MARCH 14 , 1979 MEETING . 2 � .
8-A-1-13 Signs at Motels.
8-A-1-13 . 1 In General . The regulations provided in this Ar-
ticle apply to motels regardless of the zoning dis-
trict in which they are located and except as speci-
fically modified herein, shall be in addition to
general regulations provided elsewhere in this
Article.
8-A-1-13 . 2 Functional and Structural Signs at Motels .
(a) Only the following functional types of
signs are permitted on zoning lots with motels :
(1) Identification and directional
signs .
(2) Business signs.
(3) Real estate signs, provided that it
refers to the sale or lease of an entire estab-
lishment on the zoning lot.
(4) Political signs .
(b) Only the following structural types of
signs are permitted on zoning lots with motels:
(1) Wall signs.
(2) Free-standing signs .
►t 8-A-1-13 . 3 Number and size of signs at motels.
(a) Only the following number of signs are
permitted on any one zoning lot with a motel :
:a. (1) Two wall signs plus one wall sign
for each additional ' separate business estab-
lishment.
(2) One free-standing sign oriented to
each road abutting the zoning lot, provided,
however, that all free-standing signs shall
be separated by a distance of 300 lineal feet.
(3) Directional signs, free of advertising
materials , as necessary to control and direct
traffic .
(4) One real estate sign.
(b) The following maximum size of signs is es-
tablished for any one zoning lot with a motel :
(1) Wall signs shall not exceed a maximum
aggregate area of 200 square feet, except, how- -
ever, within the H-1 Historic District wall
signs shall not exceed a maximum aggregate
area of 100 square feet.
(2) The area of free-standing signs shall
not exceed the following maximums :
(a) On zoning lots which abut major
thoroughfare rights-of-way of 70 feet or
more, free-standing signs within 50 feet
of such right-of-way shall not exceed one
square foot in area for each two lineal
feet of lot frontage.
(b) On zoning lots which do not abut '
major thoroughfare rights-of-way of 70 feet
or more, free-standing signs shall not ex-
ceed one square foot in area for each four
lineal feet of lot frontage, however, the
area of such signs shall not exceed 50
square feet.
(c) Other permitted free-standing
business signs shall not exceed 50 square
feet in area .
(3) Directional signs shall each not ex-
ceed an area of more than three square feet.
(4) Real estate signs shall not exceed
a total area of 32 square feet.
8-A-1-13 . 4 Setback of signs at motels .
(a) No part of a free-standing sign shall be
within ten feet of a street right-of-way or within
5 feet of the intersection of corner front property .
lines, except directional signs permitted in Section
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MINUTES OF MARCH 14 , 1979 MEETING. 292
8-A-1-13.2 (a) (1) above which shall be permitted within
five feet of the street right-of-way. Such directional
signs shall not exceed two and one-half feet in height.
(b) Wall signs shall be set back from street
rights-of-way a distance not less than the required
setback for buildings or attached flat against an
existing building to which it pertains.
(c) No sign shall be located less than 5 feet
from any side property line .
8-A-1-14 Signs at Automobile Service Stations.
111
8-A-1-14 . 1 In General . The regulations provided in this Article
apply to automobile service stations regardless of
the zoning district in which they are located and,
except as specifically modified herein, shall be in
addition to general regulations provided elsewhere in
this Article.
8-A-1-14 . 2 Functional and Structural signs at automobile service
stations .
(a) Only the following functional types of signs
0 are permitted on zoning lots with automobile service
r- stations :
( 1) Identification signs .
C (2) Temporary signs.
(3) Directional signs .
(4) Business signs .
(5) Real estate signs .
(6) Political signs .
(b) Only the following structural types of
signs are permitted on zoning lots within automobile
service stations :
(1) Free-standing signs .
(2) Projecting signs .
( 3) Wall signs.
' 8-A-1-14 . 3 Number and size of signs at automobile service stations.
(a) Only the following number of signs are per-
mitted on any one zoning lot with an automobile ser-
vice station:
(1) Two wall signs plus one directional
wall sign of not more than six square feet each
for each service bay doorway.
(2) One free-standing sign per establish-
ment .
• (3) Two projecting signs per establishment.
(4) One portable sign, not exceeding 12
square feet in area, indicating commodity prices
per establishment.
(5) One directional sign per driveway en-
trance, in addition to the directional signs
permitted above, provided that at least 75 per
cent of the area of each sign is free of adver-
tising material.
(6) Temporary signs as provided below.
(b) The following maximum sizes of signs are
established for zoning lots with automobile service
stations :
(1) The area of wall :211-7111/11:11
igns shall not ex-
' ceed three square feet for each lineal foot of
building frontage , or 75 square feet plus two
square feet of sign area for each one foot of
building frontage over 25 lineal feet, however,
the total area of all signs shall not exceed 200
square feet, except, however, within the H-1
Historic District wall signs shall not exceed
a maximum of 100 square feet.
(2) Free-standing signs shall not exceed
one square foot of sign area for each four lineal
feet of lot frontage, however , the area of free-
standing signs shall not exceed 50 square feet.
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MINUTES OF MARCH 14 , 1979 MEETING.
(3) Projecting signs shall not exceed
three square feet in area.
(4) Temporary signs shall not exceed 18,
square feet in area.
( 5) Directional signs shall not exceed
three square feet in area.
8-A-1-14 . 4 Temporary signs . Up to four temporary signs securely
affixed to a permanent sign structure or building
shall be permitted on each zoning lot with an auto-
mobile service station for not more than 14 days in
any 90 day period.
8-A-1-14 . 5 Identification signs.
(a) One identification sign of up to two square
feet displaying the name and address of the establish-
ment and attached flat against the building to which
it pertains shall be permitted at each automobile
service station.
(b) Oil company identification signs affixed
flat against the pumps and not exceeding two square
feet shall be permitted on two sides of each pump
at automobile service stations.
8-A-1-14 . 6 Setback and projection of signs at automobile ser-
N vice stations .
On zoning lots with gasoline service stations :
(a) No part of a free-standing sign shall be
within 5 feet of a street right-of-way or within 20
feet of the intersection of corner front property
lines, except directional signs permitted in Section
8-A-1-14 . 2 (a) (3) above ,which shall be permitted with-
in five feet of the street right-of-way if such di-
rectional signs do not exceed two and one-half feet
in height.
(b) No sign shall be located' less than 5 feet
from any side property line .
(c) Wall signs shall be set back from street
rights-of-way a distance not less than the required
setback for buildings or attached flat against an
existing building to which it pertains .
8-A-1-15 Signs in Residential Districts.
8-A-1-15. 1 Functional and structural signs in "R" districts.
(a) The following functional types of signs
are permitted in residential zoning districts.
(1) Bulletin boards .
(2) Construction signs . •
(3) Directional signs .
(4) Identification signs.
(5) Real estate signs .
(6) Temporary signs.
(b) The following structural types of signs
are permitted in residential zoning districts:
(1) Free-standing signs .
(2) Wall signs .
8-A-1-15. 2 Number and size of signs in "R" Districts.
(a) The following number of signs are per-
mitted in residential zoning districts :
(1) On all zoning lots , one sign is
permitted.
(2) Additional signs as permitted herein.
(b) The maximum size of signs permitted in
residential zoning districts shall be as follows :
(1) Identification signs, two square feet.
(2) Directional signs , one square foot.
(3) Bulletin boards , 27 square feet in
area.
P121 4
MINUTES OF MARCH 14 , 1979 MEETING. 294
(4) All other signs, six square feet,
except when the frontage of the lot exceeds
50 lineal feet, the area of the sign may be
increased by one square foot for each addi-
tional 20 feet of lineal frontage to a maxi-
mum sign area of 16 square feet.
(5) These general provisions may be
varied by specific provisions herein.
8-A-1-15. 3 Setback of signs in "R" districts . All signs in
residential zoning districts shall be set back
from the front lot line at least 5 feet .
8-A-1-15. 4 Multi-family project identification signs. Multi-
family project identification signs in residential
zoning districts shall be permitted as follows :
(a) One sign may be situated at the principal
entrance to the facility.
(b) The height of the sign may not exceed 20
feet.
(c) The area of the sign may not exceed 12
square feet.
'P (d) Signs must be set back at least 5 feet from
0 the street right-of-way line.
8-A-1-15. 5 Construction, subdivision identification, directional
a. and model home signs. Signs relative to the construc-
tion, sale and rental during construction of houses
in subdivisions and apartment projects are permitted
as follows in residential zoning districts :
(a) Not more than four construction signs are
permitted while construction is in progress . The
area of construction signs shall not exceed 12
square feet .
(b) One subdivision identification sign may be
erected and maintained for not more than two years
at the principal entrance to a subdivision under
construction. Such subdivision identification sign
shall be set back at least 5 feet from any street
right-of-way, may not exceed 12 feet in height or
exceed 16 square feet in area. Upon completion of
the subdivision, one permanent sign having the same
setback and of the same size as permitted above may
be erected and maintained.
(c) Two directional signs for subdivisions may
be erected and maintained on land not owned by the
subdivider for not more than two years with written
permission of the landowner. Such signs shall be
limited to a combined total of 16 square feet .
(d) One model home identification sign of not
more than four square feet may be erected and main-
tained at each model home, and further, one sign of
up to 16 square feet may also be erected and main-
tained.
8-A-1-15. 6 Illumination of signs in "R" districts . Only bulle-
tin boards , subdivision identification, directional
and identification signs and model home identification
signs may be illuminated in residential zoning dis-
tricts . No such signs may be illuminated when sales
or rental activities will not occur thereafter within
72 hours .
8-A=.1=1517 "Temporary signs in "R" districts . Temporary signs of
up to three square feet in area are permitted in
residential districts for not more than 14 days in
any 90 day period.
8-A-1-16 Signs in "MC" Districts .
8-A-1-16 . 1 Functional and structural signs in "MC" districts.
(a) The following functional types of signs
are permitted in "MC" zoning districts:
r
29`5
MINUTES OF MARCH 14 , 1979 MEETING.
(1) Bulletin boards .
(2) Business signs.
(3) Construction signs.
(4) Identification signs.
(5) Directional signs.
(6) Real estate signs .
(b) The following structural types of signs
are permitted in "MC" zoning districts :
(1) Free-standing signs.
(2) Projecting signs .
(3) Wall signs .
8-A-1-16 . 2 Number and size of signs in "MC" districts.
(a) The following number of signs are per-
mitted in "MC" zoning districts :
(1) Two signs per establishment, except
as provided herein, but not more than one free-
standing or one projecting sign per 'zoning lot.
(2) Additional signs as permitted in this
Article.
(b) The following maximum area of signs are
permitted in the "MC" zoning districts :
(1) Bulletin boards 27 square feet in
area.
117
itt (2) Identification signs 30 square feet
C1 in area.
(3) Directional signs two square feet in
;z. area.
(4) All other signs, six square feet in
area except when the frontage of the lot ex-
ceeds 50 lineal feet, the area of the sign may
be increased by one square foot for each addi-
tional 20 feet of frontage up to a maximum
sign area of 16 square feet.
(5) These general provisions may be varied
by specific provisions in this Article.
8-A-1-16 . 3 Setback of signs and projecting signs in "MC"
districts. Signs in "MC" districts shall be placed
in conformance to the following :
(a) No part of a free-standing sign shall be
within ten feet of a street right-of-way.
(b) No part of a free-standing sign shall be
within 5 feet of the intersection of corner front
property lines .
(c) No part of a projecting sign shall pro-
ject more than 18 inches horizontally from the
building.
8-A-1-17 Signs in Business Districts .
8-A-1-17 . 1 Functional and structural signs in business districts.
(a) The following functional types of signs
are permitted in business zoning districts :
(1) Bulletin boards .
(2) Business signs .
(3) Construction signs .
(4) Identification signs.
(5) Directional signs .
(6) Political signs .
(7) Real estate signs .
(8) Temporary signs.
(b) The following structural types of signs
are permitted in business zoning districts :
(1) Awning signs.
(2) Canopy signs.
(3) Free-standing signs.
(4) Marquee signs .
(5) Projecting signs .
(6) Wall signs.
XX2XaXix
MINUTES OF MARCH 14 , 1979 MEETING . 296
8-A-1-17 . 2 Number and size of signs in business districts .
(a) The following number of signs are per-
mitted for any one establishment in business zon-
ing districts :
(1) Two signs per business, except as
provided herein, but not more than one free-
standing or one projecting sign per zoning
lot.
(2) Businesses which are conducted par-
tially or wholly outside of buildings may
have up to four directional, business or tem-
' porary signs in area of not more than three
square feet each .
(3) Shopping centers, which as used here-
in means a zoning lot of at least two acres
occupied by a group of five or more establish-
ments forming a central retail and service
market, may display one free-standing sign
advertising only the name, ownership and lo-
cation of the center and the name and type of
business of each occupant within the center.
A shopping center ' s free-standing sign as de-
VP fined herein may have an area of one square
Qfoot of sign area per each two lineal feet of
sa the zoning lot frontage with a maximum of 100
square feet . The sign shall be located not
Cj less than 5 feet from any right-of-way nor be
more than 30 feet in height.
(4) Additional signs as provided in this
Article.
(b) The following maximum size of signs are
permitted in business zoning districts:
(1) Signs that face an adjoining resi-
dential zoning district shall not exceed 12
square feet in area, unless set back more than
100 feet from that district or are of a type
of sign under the rules relative to residen-
tial districts, in which cases they shall not
exceed the requirements for sign area set forth
below. No sign facing an adjoining residential
zoning district shall have a visible light
source or be illuminated between the hours
of 11 : 00 p.m. and 8 : 00 aim. the following day.
(2) Bulletin boards shall not exceed 27
square feet in area.
(3) Free-standing signs shall not exceed
one square foot of sign area for each four lin-
eal feet of lot frontage, however, the total
area of free-standing signs shall not exceed
50 square feet except those permitted in (a) (3)
above which shall not exceed 100 square feet.
(4) Awning, canopy and marquee signs
shall not exceed in area the area of the awn-
ing, canopy or marquee to which they are mounted.
(5) Directional signs shall not exceed
three square feet in area except as provided
herein.
(6) Temporary signs shall not exceed 12
square feet in area.
(7) The area of wall and projecting type
business, construction, identification and real
estate signs shall not exceed the following lim-
its :
(aa) On buildings with 25 lineal feet
or less building frontage , such signs shall
not exceed two square feet for each one
lineal foot of building frontage.
(bb) On buildings of over 25 lineal
feet of building frontage, such signs shall
not exceed 50 square feet for the first 25
lineal feet of building frontage plus two
square feet for each one lineal foot of
building frontage up to a maximum of 100
square feet of sign area.
297
MINUTES OF MARCH 14 , 1979 MEETING.
8-A-1-17 . 3 Setback and projection of signs in business districts.
In business zoning districts:
(a) No part of a free-standing sign shall be
within 5 feet of a street right-of-way.
(b) No part of a free-standing sign shall be
within 5 feet of the intersection of corner front
property lines.
(c) Projecting signs shall not project more
than six feet and not into street rights-of-way.
(d) Marquee, awning or canopy signs shall be
x—IIan integral part of the structure and shall not ex--
II
tend beyond the limitation for projecting signs.
(e) Wall signs shall be set back from street
rights-of-way a distance not less than the required
setback for buildings , or attached flat against an
existing building to which it pertains .
8-A-1-17 . 4 Temporary Signs . Temporary signs in commercial zon-
ing districts shall not be displayed at any one es-
tablishment for more than 14 days in any 90 day per-
iod.
8-A-1-18 Signs in Industrial Districts.
1. 8-A-1-18 . 1 Functional and structural signs in industrial zoning
C4 districts.
(a) The following functional types of signs
%i- are permitted in industrial zoning districts :
,v.
(1) Bulletin boards.
(2) Business signs.
(3) Identification signs .
( 4) Directional signs.
(5) Construction signs.
(6) Political signs.
(7) Real estate signs .
(8) Temporary signs .
(b) The following structural types of signs
are permitted in industrial zoning districts:
(1) Awning signs .
(2) Canopy signs .
( 3) Free-standing signs.
(4) Marquee signs .
(5) Projecting signs.
(6) Wall signs.
8-A-1-18 . 2 Number and size of signs in Industrial Districts.
(a) The following functional types of signs
are permitted in industrial zoning districts:
(1) Two signs per industry, except as
provided herein, but not more than one free-
standing or one projecting sign per zoning
lot.
( 2) Industrial establishments which con-
duct part or all of their business outside of
buildings may have up to four directional,
business or temporary signs in total of not
more than six square feet each.
(3) In addition to the signs permitted
herein, industrial parks, which as used herein
means a zoning lot of at least three acres oc-
cupied by a group of four or more industrial
establishments, may display one free-standing
sign advertising only the name, ownership and
location of the park and the name and type .of
industrial use of each occupant of the park,
and in area not more than ten square feet per
establishment or 60 square feet, whichever is
less, nor placed less than. 5 feet from any street
•
right-of-way, nor more than 30 feet in height .
(4) Additional signs as provided in this
Article.
X2 X-
MINUTES OF MARCH 14 , 1979 MEETING. 298
(b) The following maximum size of signs are
permitted in industrial zoning districts :
(1) Bulletin boards shall not exceed 27
square feet .
(2) Free-standing signs shall not exceed
one square foot of sign area for each four
lineal feet of lot frontage, however, the total
area of free-standing signs shall not exceed
70 square feet.
(3) Awning, canopy and marquee signs
shall not exceed in area the area of the awn-
ing, canopy or marquee to which they are
mounted.
(4) Directional signs shall not exceed
three square feet in total area, except as
herein provided.
(5) Temporary signs shall not exceed 12
square feet in area.
(6) The area of wall and projecting type
business, construction, identification and
real estate signs shall not exceed the follow-
ing limits :
Q (aa) On buildings of 25 lineal feet
rl or less building frontage, such signs
shall not exceed three square feet for
Q each one lineal foot of building frontage.
(bb) On buildings of over 25 feet
of building frontage, such signs shall
not exceed 75 square feet for the first
25 lineal feet of building frontage plus
two square feet for each one lineal foot
of building frontage up to a maximum of
200 square feet of sign area.
(cc) On all buildings set back fur-
ther from the minimum zoning setback line,
the area of such signs may be increased
one square foot for each six lineal feet
the sign is set back from the minimum
zoning setback line notwithstanding the
maximums provided in (aa) and (bb) above.
8-A-1-18 . 3 Setback and projection of signs in Industrial Districts .
In industrial zoning districts :
(a) No part of a free-standing sign shall be
within 5 feet of a right-of-way.
(b) No part of a free-standing sign shall be
within 5 feet of the intersection of corner front
property lines.
(c) No sign shall be located less than 5 feet
from any property lines.
(d) Projecting signs shall not project more
than six feet and not into street rights-of-way.
(e) Marquee, awning or canopy signs shall be
an integral part of the structure and shall not ex-
tend beyond the limitation for projecting signs.
(f) Wall signs shall be set back from street
rights-of-way a distance not less than the required
setback for building, or attached flat against an ex-
isting building to which it pertains.
' 8-A-1-18 . 4 Temporary Signs. Temporary signs in industrial zon-
ing districts shall not be displayed at any one es-
tablishment for more than 14 days in any 90 day
period.
SECTION VI. This ordinance shall be in effect upon its pas-
sage.
Mrs. Hill commented that no-one came to the public hearings held by
the Planning Commission and the Council and the Planning Commission
has passed it unanimously. It changes the sizes of some signs - in
the Historic District they shall be a little smaller. This will
MINUTES OF MARCH 14 , 1979 MEETING.
!N9
prevent us from looking like Fairfax or Manassas. We are getting
more businesses and more signs and this is an attempt to make us
look nice. The ordinance was unanimously adopted:
Aye : Councilmembers Herrell, D. Hill, M. Hill, Murray,
Tolbert and Mayor Rollins .
Nay: None .
79-0-5 - ORDINANCE - AMENDING SECTIONS 15-14 AND 19-23 OF THE '
TOWN CODE.
On motion of Mr. Hill, seconded by Mr. Tolbert, the following
ordinance was proposed:
ORDAINED by the Council for the Town of Leesburg, Vir-
ginia, as follows :
SECTION I . Sections 15-14 and 19-23 of the Town Code are
amended to read as follows :
Sec. 15-14 . Availability charge for sewer service.
(a) Before any person connects with or discharges
sewage into the town sewer system or extends sewer use
on any premises to any additional dwelling, commercial
or industrial use, a sewer service availability fee shall
N be paid in amounts provided below in addition to fees pre-
scribed in Sections 15-12 and 15-13 .
:Z+
(b) The sewer connection and sewer service availability
fees shall be paid prior to the issuance of a zoning permit
or, where no zoning permit is required, before extension of
sewer service to any new or additional use on the premises.
The manager shall discontinue sewer service to premises for
which the fees required in this Article remain unpaid for
ten days from the date of notice of the amount of such fees
to the owner.
(c) The abandonment or discontinuance of a sewer sys-
tem or the reduction of sewer system use does not entitle
any person to refund of fees paid .
(d) The fees provided in this section shall not apply
to single family dwellings existing within the town on
June 10 , 1970 and which are continued in single family resi-
dential use after connection to the sewer system.
(e) The fees provided in this section shall be reduced
by $1, 750 . 00 for lots of record for which a connection fee
was paid prior to June 10 , 1970 .
(f) Sewer service availability fees for residential
uses shall be as follows :
Discharge Facility Fee
One bedroom dwelling $1, 155 . 00 each
Two bedroom dwelling $1 ,452 . 00 each
Three or more bedroom
dwelling $1 , 750 . 00 each
Mobile home $1 , 452 . 00 each
(g) Sewer service ,availability fees for non-residential
uses shall be $1 , 750 . 00 or more depending on the estimated
sewage flow and required treatment characteristics from the
user as compared to the sewage flow and required treatment
characteristics from the average single family dwelling.
Fees shall be calculated as follows:
X �XX
MINUTES OF MARCH 14 , 1979 MEETING. 300
Discharge Facility Fee
Fire station $1 , 750. 00 each
Post Office $1 , 750 . 00 each
Veterinarian $1 , 750 . 00 each
All other non-industrial
uses $1 , 750 . 00 or an amount equal to the
estimated sewage flow from
the user in gallons per day
divided by 200 and multi-
plied by $1, 750 . 00, which-
ever is greater
All industrial uses The greater of $1 , 750 . 00 or an amount
equal to the estimated sewage flow
from the user in gallons per day di-
vided by 200 and multiplied by
$1, 750 . 00 , plus an additional charge
in proportion to the excess biochemir
cal oxygen demand, suspended solids
or other pollutant discharge of the
user above the average pollutant dis-
charge of residential users on the
a system
� (h) Fees shall be determined by the manager based on
accepted engineering standards for sewage discharge. The
Council shall hear and decide appeals from determinations
of fees by the manager.
(i) If any person enlarges a structure, extends the
use of the town sewer system to any new or additional use
on a premises, or changes the use of a premises to require
additional sewer service capacity, an availability fee, as
determined in paragraph (g) above shall be paid for the ad-
ditional use whether or not a new or enlarged connection is
required.
Sec. 19-23 . Availability charges for water service.
(a) Before any person connects with or withdraws water
from the town water system or extends water use on any
premises to any additional dwelling, commercial or indus-
trial use, a water service availability fee shall be paid
in amounts provided below in addition to fees prescribed in
Sections 19-21 and 19-22 .
(b) The water connection and water service availability
fees shall be paid prior to the issuance of a zoning permit
or, where no zoning permit is required, before extension of
water service to any new or additional use on the premises .
The manager shall discontinue water service to premises for
which the fees required in this Article remain unpaid for
ten days from the date of notice of the amount of such fees
to the owner.
(c) The abandonment or discontinuance of a water system
or the reduction of water system use does not entitle any per-
son to refund of fees paid.
(d) The fees provided in this section shall not apply
to single family dwellings existing within the town on June
10 , 1970 and which are continued in single family residential
use after connection to the water system.
(e) -The fees provided in this section .shall 'be reduced
by $1, 750 . 00 for lots of record for which a connection fee
was paid prior to June 10 , 1970 .
(f) Water system availability fees for residential uses
shall be as follows:
Use Fee
One bedroom dwelling $1 , 155 . 00 each
Two bedroom dwelling $1 , 452 . 00 each
Three or more bedroom
dwelling $1 , 750 . 00 each
Mobile home $1 , 452. 00 each
01
MINUTES OF MARCH 14 , 1979 MEETING.
(g) Water service availability fees for non-residential
uses shall be $1, 750 . 00 or more depending on the estimated
water flow to the average single family dwelling. Fees shall
be calculated as follows :
Use Fee
Fire station $1, 750 . 00 each
Post Office $1, 750 . 00 each
Veterinarian $11750 . 00 each
All other uses $1, 750 . 00 or an amount
equal to the esti-
!' mated water flow
to the user in
gallons per day
divided by 200
and multiplied
by $1 , 750 . 00 , which-
ever is greater
(h) Fees shall be determined by the manager based on ac-
cepted engineering standards for water supply. The Council
shall hear and decide appeals from determinations of fees by
the manager.
kit
et (i) If any person enlarges a structure, extends the
nj use of the town water system to any new or additional use
on a premises, or changes the use of a premises to require
additional water service capacity, an availability fee as
C determined in paragraph (g) above shall be paid for the ad-
ditional use whether or not a new or enlarged connection is
required.
SECTION II . This ordinance shall be in effect upon its
passage.
Mr. Hill said this was recommended in our most recent rate study in
connection with the Potomac River water treatment plant and he con-
curs with it . Expansion of our water system and the future correc-
tion and expansion of our sewage system is necessary for growth and
for newcomers, so this should be included in the cost of newcomers .
moving into town. A recent check on the costs in the County for
drilling a well and installing a sanitary system was $5, 000 at a
minimum and if everything was successful . Once this fee is paid it
is over and done with. Inflation has set in and this is the first
increase in availability fees since their inception in 1972 or 1973 .
He felt the capital cost of this project can be accommodated here
' rather than in the water and sewer rates . The cost should be paid
by the developer . Mr. Murray asked if these rates have been com-
pared with other nearby localities? Mr. Niccolls said Fairfax is
now $3, 150 and Manassas is $2 , 700 - the localities contacted all
asked that we send them any change in rates - they are trying to
increase theirs. This is a $900 . 00 increase for both -water and
sewer fees and would make our rate $3 , 500 . 00 for both. Mayor Rol-
lins was. concerned about the ordinance as it is written. He did
not think there needs to be any increase in the water and sewer
rates to finance the increase in water and sewage facilities . If
any increase in revenues is needed, then it should come from this
source rather than from the rates . It should come from those people
who develop and move into Leesburg - it should not be paid for by
the present residents . He questioned the timing of this ordinance
" because (1) we don 't know at this point what the cost will be to con-
struct the Potomac River water facility and (2) we don 't know what
the interest rate will be on the bonds. The rate study was based
on six percent, but he anticipated that the bonds would be sold - for
something less than that. Therefore, he felt it would be more fea-
sible to wait and see what the actual cost is going to be - then
if additional revenue is needed, the appropriate time 'for such an
increase would be at the beginning of the fiscal year. Mayor Rol-
lins also felt that perhaps it would be better to have a uniform
rate for all residences, irregardless of size: Why penalize the
larger home-owner - his additional money would be reflected in the
use of additional water and sewer . He did not necessarily agree
that the fees should be specifically set for fire station, Post
Office and veterinarian and not for others. He also was not in
favor of the Town Manager ' s office setting the availability fee -
this issue should be set by ordinance. Should this not be a fee
X X
MINUTES OF MARCH 14 , 1979 MEETING. 302
certain or a discretionary matter? Concerning "industrial wastes, "
they will either have to be treated with the present sewage treat-
ment plant or greatly change the concept of the plant. Can we
charge extra for this when we do not have the proper facilities
to treat such wastes? Mr. Niccolls said we are required by regu-
lation to require pre-treatment of any wastes that we cannot treat.
Concerning the specific facilities, when this ordinance was first
instigated some months ago, the different types of users were set
out in detail , but this presented a definition problem. There is
built into the ordinance the mechanism to appeal the manager ' s de-
termination. He pointed out that the concept of this ordinance is
that the more demand placed on the systems, the higher the availa-
bility fees will be. Conversely, if your burden into the system
is less than for a typical home, it should be less. Mr. Niccolls
said the only reason for considering this ordinance before the
sale of the bonds is that it may have a favorable impact on the
bond sale by showing that the Town is prepared to raise the reve-
nue it takes to support the bond issue. Mayor Rollins asked for
a comparison of present rate for a commercial establishment to the
proposed rate - K-Mart as an example. Mr. Niccolls explained in
detail the circumstances at the time K-Mart applied for utilities.
They actually paid $4 , 150 - under the proposed ordinance they would
VP have paid $21, 000 . Mr. Hill further explained that the fee should
0 not be based on what their daily usage would be, but on what it
would be in case of a fire - we have to be prepared for such an
emergency. He felt that this ordinance is a very reasonable and
O equitable way - it should be based on demand and the capacity
that will be taken out of the plant . Mr. Murray felt that the
timing is now and it did not bother him that we would be $350
higher than Fairfax. Indications are that developers are anxious
to come here and they should know that they are going to have to
pay for the use of the systems. It is better to raise these fees
now and perhaps be able to reduce them later. Commercial develop-
ment, such as K-Mart is the type of thing we want - it brings in
sales tax, real estate and personal property taxes. He did not
think they should be over-taxed - otherwise, they might decide to
build somewhere else. Mayor Rollins asked what would be used as
a basis for fees for the proposed elementary school to be built
soon? Mr. Niccolls said this would come under non-residential
uses . They would take an average of the elementary schools per
student and figure it from this . It would be the base fee times
the number of multiples, as described in paragraph (g) under Sec .
19-23 . It would probably be a larger fee than under the old ordi-
nance. However, they purchased their taps soon after Council ap-
proved the connections to that particular tract. Mayor Rollins
asked, as another example, what would be the availability status
of Mrs. Gochenour on Anne Street? She has moved her business, a
beauty shop, into her home. There were varied opinions on this,
with a general consensus that this does "change the use. " How-
ever, Mr. Niccolls felt he could not administer the phrase in
Section (i) of each section of the ordinance - "or changes the
use of a premises to require additional water service capacity" -
he suggested that this phrase be eliminated from the ordinance.
Mayor Rollins suggested referring the ordinance back to the Fi-
nance and Administration Committee for the changes discussed to-
night. However, Mr. Herrell and Mr. Murray were in favor of mak-
ing the above amendment and voting on the ordinance tonight. Mr.
Hill could see nothing wrong with the paragraph as written - if
more capacity is being taken out of the plant, the user should
pay for it in availability fees. Mr. Herrell asked what would be
intended then on the properties on East Loudoun Street that were
just rezoned? Mr. Hill felt they would be assessed as the use
is changed. Mayor Rollins did not agree with this. •
On motion of Mayor Rollins , seconded by Mr. Tolbert, it was
moved to re-refer this back to the Finance and Administration Com-
mittee for the changes discussed tonight. A roll call vote de-
feated the motion 4 to 2 :
Aye: Mayor Rollins and Councilmember Tolbert.
Nay: Councilmembers Herrell , D. Hill , M. Hill and Murray.
On motion of Mr. Murray, seconded by Mrs . Hill , Council voted
5 to 1 to amend the ordinance by striking from paragraph (i) on
page 2 the following: "or changes the use of a premises to require
it n
MINUTES OF MARCH 14 , 1979 MEETING
additional sewer service capacity, " and from paragraph (i) , _ page 3 ,
the following : "or changes the use of a premises to require addi-
tional water service capacity" ; also insert the word "or" after
the word "structure" in the first line of the above paragraphs .
Mr. Niccolls emphasized that this applies only to "non-residential"
extensions or enlargements .
Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray and
Tolbert.
Nay: Mayor Rollins.
The ordinance, as amended, was adopted by a roll call vote of
5 to 1 and reads as follows :
ORDAINED by the Council for the Town of Leesburg, Virginia,
as follows :
SECTION I . Sections 15-14 and 19-23 of the Town Code are
amended to read as follows :
Sec . 15-14 . Availability charge for sewer service.
(a) Before any person connects with or discharges
sewage into the town sewer system or extends sewer use on
'- any premises to any additional dwelling, commercial or in-
Ct dustrial use, a sewer service availability fee shall be
04 paid in amounts provided below in addition to fees pre-
scribed
in Sections 15-12 and 15-13 .
C
(b) The sewer connection and sewer service availability
fees shall be paid prior to the issuance of a zoning permit
or, where no zoning permit is required, before extension of
sewer service to any new or additional use on the premises.
The manager shall discontinue sewer service to premises for
which the fees required in this Article remain unpaid for
ten days from the date of notice of the amount of such fees
to the owner.
(c) The abandonment or discontinuance of a sewer system
or the reduction of sewer system use does not entitle any
person to refund of fees paid.
(d) The fees provided in this section shall not apply
to single family dwellings existing within the town on June
10 , 1970 and which are continued in single family residential
use after connection to the sewer system.
(e) The fees provided in this section shall be reduced
by $1, 750 . 00 for lots of record for which a connection fee
was paid prior to June 10 , 1970.
(f) Sewer service availability fees for residential uses
shall be as follows :
Discharge Facility Fee
One bedroom dwelling $1, 155. 00 each
Two bedroom dwelling $1, 452 . 00 each
Three or more bedroom
dwelling $1, 750 . 00 each
Mobile home $1, 452 . 00 each
(g) Sewer service availability fees for non-residential
uses shall be $1 , 750 . 00 or more depending on the estimated
sewage flow and required treatment characteristics from the
user as compared to the sewage flow and required treatment
characteristics from the average single family dwelling.
Fees shall be calculated as follows :
Discharge Facility Fee
Fire station $1 , 750 . 00 each
Post Office $1 , 750 . 00 each
Veterinarian $1, 750 . 00 each
MINUTES OF MARCH 14 , 1979 MEETING. 304
Discharge Facility Fee
All other non-industrial
uses $1 , 750. 00 or an amount equal to
the estimated sewage flow from
the user in gallons per day di-
vided by 200 and multiplied by
$1 , 750 . 00 , whichever is greater
All industrial uses The greater of $1, 750 . 00 or an
amount equal to the estimated sew-
age flow from the user in gallons
per day divided by 200 and multi-
' plied by $1 , 750 . 00 , plus an addi-
tional charge in proportion to
the excess biochemical oxygen de-
mand, suspended solids or other
pollutant discharge of the user
above the average pollutant dis-
charge of residential users on
the system
(h) Fees shall be determined by the manager based on
tr accepted engineering standards for sewage discharge. The
C) Council shall hear and decide appeals from determinations
of fees by the manager.
(i) If any person enlarges a structure or extends the
use of the town sewer system to any new or additional use
on a premises, an availability fee as determined in paragraph
(g) above shall be paid for the additional use whether or not
a new or enlarged connection is required.
Sec. 19-23. Availability charges for water service.
(a) Before any person connects with or withdraws water
from the town water system or extends water use on any premises
to any dwelling, commercial or industrial use, a
water service availability fee shall be paid in amounts pro-
vided below in addition to fees prescribed in Sections 19-21
and 19-22 .22 .
(b) The water connection and water service availability
fees shall be paid prior to the issuance of a zoning permit or,
where no zoning permit is required, before extension of water
service to any new or additional use on the premises. The
manager shall discontinue water service to premises for which
the fees required in this Article remain unpaid for ten days
from the date of notice of the amount of such fees to the
owner.
(c) The abandonment or discontinuance of a water system
or the reduction of water system use does not entitle any per-
son to refund of fees paid.
(d) The fees provided in this section shall not apply
to single family dwellings existing within the town on June
10, 1970 and which are continued in single family residential
use after connection to the water system.
(e) The fees provided in this section shall be reduced
by $1 , 750 . 00 for lots of record for which a connection fee
was paid prior to June 10, 1970 .
(f) Water system availability fees for residential uses
shall be as follows:
Use Fee
One bedroom dwelling $1 , 155. 00 each
Two bedroom dwelling $1 , 452 . 00 each
Three or more bedroom
dwelling $1 , 750 . 00 each
Mobile home $1 , 452 . 00 each
,3 0 5-
MINUTES OF MARCH 14 , 1979 MEETING.
(g) Water service availability fees for non-residential
uses shall be $1, 750 . 00 or more depending on the estimated
water flow to the user as compared to the water flow to the
average single family dwelling. Fees shall be calculated as
follows :
Use Fee
Fire station $1 , 750 . 00 each
Post Office $1 , 750 . 00 each
Veterinarian $1, 750 . 00 each
All other uses $1 , 750 . 00 or an amount equal to the esti-
mated water flow to the user in gallons
per day divided by 200 and multiplied by
$1 , 750 . 00 , whichever is greater
(h) Fees shall be determined by the manager based on
accepted engineering standards for water supply . The Council
shall hear and decide appeals from determinations of fees by
the manager.
(i) If any person enlarges a structure or extends the
use of the town water system to any new or additional use on
a premises, an availability fee as determined in paragraph
(g) above shall be paid for the additional use whether or
not a new or enlarged connection is required.
et
C'1/4.1 SECTION II . This ordinance shall be in effect upon its
passage.
Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray and
Tolbert .
Nay: Mayor Rollins.
79-36 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PER-
FORMANCE BOND TO GUARANTEE INSTALLATION OF
PUBLIC IMPROVEMENTS AND APPROVING WATER AND
SEWER EXTENSIONS FOR CATOCTIN CIRCLE INDUS-
TRIAL PARK.
On motion of Mr. Murray, seconded by Mrs. Hill , the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I . The town manager is authorized and directed to
execute the standard agreement (P .C. 2) for public improve-
ments for Catoctin Circle Industrial Park.
SECTION II. The performance bond of SRL Properties , Inc. ,
a Maryland corporation, with S . Ross Lipscomb as surety
thereon, in the amount of $102 , 546 . 00 , to guarantee in-
stallation of public improvements for Catoctin Circle In-
dustrial Park in accordance with plans approved by the
director of engineering, is approved, conditioned upon
recordation of a deed of trust between SRL Properties,
Inc . to George M. Martin, Trustee, on Lots 1, 2 and 3 ,
Catoctin Circle Industrial Subdivision , which trust shall
secure the terms, conditions, covenants and payment to the
Town of Leesburg as set forth in said performance bond.
SECTION III. The developer shall submit a title certificate
that such deed of trust is a first lien on said lots.
SECTION IV. The performance bond, the deed of trust and
title certificate shall be subject to review and approval
by the Town Attorney .
SECTION V. Extension of municipal water and sewer works
for this subdivision is approved.
X W
MINUTES OF MARCH 14 , 1979 MEETING . 306
Mr. Charles Ottinger, attorney , explained that it is planned to
develop and sell lots in this park - Lowe ' s is already on a por-
tion of the property. The lots will be anywhere from 10 , 000 square
feet to 16 , 000 or 17 , 000 square feet. There are no specific plans
for what might be located here. The $102 , 546 . 00 is 50 percent more
than the estimated cost of improvements . $68 , 000 will be used for
a dedicated street, a cul-de-sac, curb and gutter and sidewalk .
He exhibited the plans to Council and explained them. Mr. Martin
has approved this . This is a performance bond secured by a deed
of trust. It is also an effective way to hold down costs for the
developer. The resolution was unanimously adopted:
Aye: Councilmembers Herrell , D. Hill , M. Hill, Murray, Tolbert
and Mayor Rollins.
Nay : None .
79-37 - RESOLUTION - ACCEPTING A DEED OF EASEMENT FROM CONSOLIDATED
DAIRY FARMS , INC. FOR WATER WORKS IMPROVEMENTS .
On motion of Mr. Murray, seconded by Mr. Tolbert, the follow-
ing resolution was proposed:
VP RESOLVED by the Council of the Town of Leesburg, Virginia,
0 as follows :
The deed of easement made the 22nd day of February, 1979 ,
by and between Consolidated Dairy Farms , Inc . , and the
Town of Leesburg for construction, reconstruction, mainte-
nance, replacement or repair, use and inspection, of water
main or mains, including the necessary appurtenances over,
across, through and under the land of the grantor, and for
a temporary construction easement, contiguous to the permar
nent easement during the original installation of the water
main for any and all purposes related thereto, and for a
right of access between town Evergreen Mill Well Nos. 2
and 3, is hereby accepted, and the mayor is hereby author-
' ized to acknowledge the same on behalf of the town.
Mr. Hill asked if we are retaining the lot on which Well No. 1
was located? Mr. Niccolls said that lot was never purchased,
that was the muddy well . Mr. Hill asked if we are passing up a
potential spot? Mr. Murray felt this would be a waste of tax-
payers ' money. Mr. Niccolls said he would prefer to move away
from that particular site, but, with going to the Potomac for
water, we should not need another site. He said these owners
are very cooperative - they have charged us nothing for the ease-
ment all the way around their property. Mr. Murray pointed out
these wells could mean a lot for their own development if we go
to the Potomac and no longer need them. The resolution was unani-
mously adopted:
Aye: Councilmembers Herrell , D. Hill , M. Hill, Murray, Tolbert
and Mayor Rollins .
Nay: None.
79-38 - RESOLUTION - ENDORSING KEEP LOUDOUN BEAUTIFUL' S ANNUAL
SPRING CLEAN-UP .
On motion of Mr. Herrell , seconded by Mr. Tolbert, the fol-
lowing resolution was proposed and unanimously adopted:
WHEREAS Keep Loudoun Beautiful ' s annual spring clean-up
will be held March 31 through April 15, 1979; and
WHEREAS, past efforts by many individuals , organizations,etc .
have contributed to the success of Keep Loudoun Beautiful ' s
project within the Town of Leesburg.
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . The Town Council endorses Keep Loudoun Beauti-
ful ' s spring clean-up from March 31 to April 15, 1979 .
MINUTES OF MARCH 14 , 1979 MEETING. ` 0 i
SECTION II. The Town Council urges its citizens, busi-
nesses, organizations, clubs and governmental groups to
join in this project by cleaning up their own premises and
placing discarded items at the curb for regular trash pick-
up during this particular time.
Aye: Councilmembers Herrell, D. Hill , M. Hill, Murray, Tolbert,
and Mayor Rollins.
Nay: None .
Mrs. Michael Grenata, Chairman for this year ' s project, ex-
pressed her appreciation for the cooperation of the Town Council .
79-39 - RESOLUTION - AUTHORIZING THE SALE OF SURPLUS VEHICLES AND
EQUIPMENT .
On motion of Mr. Herrell , seconded by Mrs. Hill , the follow-
ing resolution was proposed :
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The manager is authorized and directed to dis-
pose of the surplus vehicles and equipment listed in a memo-
ir' randum to the Council dated March 5 , 1979 , by way of public
auction to be held on March 30 , 1979 .
eg
E" SECTION II . A public notice advertising the sale of the
surplus vehicles shall be published in the March 22 and
March 29 issues of the Loudoun Times-Mirror.
This sale will be held at the Town Shop. Mrs. Hillis donating:.a
sofa'_bedt.for-.this sale, the proceeds, to be used for cost of pictures
in the Council Chambers. The resolution was unanimously adopted:
Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert
and Mayor Rollins.
Nay : None.
79-40 - RESOLUTION - MAKING AN APPROPRIATION FOR FISCAL YEAR ENDING
JUNE 30 , 1979 .
On motion of Mrs . Hill , seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED by the Council for the Town of Leesburg, Virginia,
as follows :
An appropriation is made from the General Fund to Account
No. 10210 . 214 , Maintenance of Buildings , Repairs and Alter-
ations, in the amount of $4 , 460 . 00 for the fiscal year end-
ing June 30 , 1979 .
It was pointed out that this is final payment for the Town Office
remodeling project. Mayor Rollins suggested that an architect be
retained to look at the Council Chambers building and make some
suggestions as to what we might do to make it more attractive on
the exterior and more in keeping with the remainder of the proper-
ties in this block. He will propose a resolution concerning this
for the next meeting. The resolution above was unanimously adopted:
Aye: Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert.
and Mayor Rollins.
Nay: None .
79-41 - RESOLUTION - MAKING APPROPRIATIONS TO THE CAPITAL PROJECTS
FUND.
On motion of Mr. Herrell, seconded by Mr. Tolbert, the follow-
ing resolution was proposed:
WHEREAS, $5, 000 , 000 in general obligation water bonds and
available cash balances in the utility fund will pay the
cost of the Potomac River water supply project; and
XX XX
MINUTES OF MARCH 14 , 1979 MEETING. 308
WHEREAS, a capital project fund shall be established to
properly account for all expenditures of the project:
THEREFORE, RESOLVED by the Council for the Town of Lees-
burg, Virginia, as follows :
SECTION I . Previous fiscal year 1979 appropriations from
the utility fund to Account No. 20400. 806-A (Design En-
gineering) in the amount of $113 , 560 . 00 and Account No.
20400 . 806-B (Rate Study) in the amount of $6 , 500 . 00 are
transferred to and shall be recorded in the capital
project fund as follows:
Account No. and Name Appropriations
70000 . 246 Legal, financial and
administration $ 6 , 500 . 00
70000 . 260 Design engineering 113 , 560 . 00
SECTION II. An appropriation is made from the utility
fund to the capital project fund, Account No. 70000. 246 ,
Lega, financial and administration, in the amount of
$9 , 000. 00 .
CD
SECTION III . A transfer of utility fund non-restricted
cash to the capital project fund is authorized in the
amount of $129 , 060 . 00 .
SECTION IV. Appropriations made herein are in effect
until completion of the Potomac River water supply proj-
ect or until terminated by this Council .
Mayor Rollins a ked what this resolution will do? Mr. Niccolls
explained that/ ill set up a separate set of accounts to record
the expenses of the Potomac River project. Mayor Rollins felt
the $113, 560 . 00 and the $6 , 500 . 00 already appropriated from the
utility fund should be charged to the bond issue and the utility
fund should be reimbursed. Mr. Niccolls said this is basically
what will be done. The total project expenditures will exceed
the bond issue. Therefore, some cash balances that we have on
hand will be put from time to time into the Capital Project fund
to supplement the $5, 000 , 000 . The bonds have not been sold yet,
so we will be taking the $129 , 060. 00 out of the utility fund and
putting it in the special project fund; then we will take the ex-
penditures that have already been made or are in the process of
being made in the utility fund and show them in this special
project fund because that ' s the proper way to do it. Mayor Rol-
lins felt the Council would be acting in the dark, no-one here
knows what this project is going to cost. Mr . Niccolls explained
further, but Mayor Rollins still felt these funds should be
charged to the bond issue . Once the $5, 000 , 000 is in hand by the
town, the $129 , 060 . 00 should go back into the utility fund, from
whence it should not have come except for expediency purposes .
If there is an overage, it should be appropriated from the utility
fund at that time, which could be two years from now. Mr. Niccolls
explained further that we are trying to group all expenditures into
this Capital Project fund. In the meantime, we are putting utility
fund cash over there until we have the bonds sold. When the bonds
are sold, we can put the $129 , 060 . 00 back. This is what Mayor
Rollins felt should be done. This is just for bookkeeping ex-
pediency. Mayor Rollins said he hoped the bond resolution will
be worded so that, if there is any money left, it can be used for
other water or sewer work facilities . Mr. Niccolls said the
bond ordinance was adopted in late 1977 or early 1978 . The
clauses are very genera?l and refer to the water treatment facility
and any other water capital improvements. We specifically asked
the bond attorneys to be sure that we are free to spend it for
transmission mains or anything else that has to be built . Mr.
Hill asked what the need is for the additional appropriation of
$9 , 000. 00? This is the charge by Municipal Advisors to put to-
gether the paper work, the bond attorney fees, the printing of
the bonds and for travel in connection with the bond issue. The
$6 , 500 . 00 was for the rate study. Mayor Rollins asked how much
MINUTES OF MARCH 14 , 1979 MEETING. 0 9
of the $113, 560 . 00 has been spent. Mr. Niccolls thought about
$60, 000 . 00 . The resolution was then unanimously adopted:
Aye: Councilmembers Herrell, D. Hill, M. Hill , Murray, Tolbert
and Mayor Rollins .
Nay: None.
79-42 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR END-
ING JUNE 30 , 1979 .
On motion of Mr. Murray, seconded by Mr. Tolbert, the follow-
ing resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
Appropriations are made from the General Fund to the . •
accounts shown below for the fiscal year ending June
30 , 1979 as follows :
Account No. and Name Appropriation
4020 . 270 Financial Services $ 1 , 785 . 00
1011 . 201 Office Supplies 400. 00
Tr
Mr. Niccolls explained that these are supplemental appro-
priations . Yount, Hyde & Co. assisted us in keeping the books
straight while we were between Finance Directors . Gerry Parker
assisted us tremendously and their charge is very reasonable.
The supplies are for the Clerk ' s account . The resolution was
unanimously adopted:
Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert
and Mayor Rollins .
Nay: None.
Mr. Murray commented that he had seen no advertisement concern-
ing the sale of Town tags . Mr. Niccolls said this advertisement
has been inadvertently forgotten. It will be advertised in the
Lamplighter.
On motion of Mr . Tolbert, seconded by Mr. Herrell, Council
voted unanimously to adjourn at 9 : 41 P .M.
_ Mayor
q / ✓ /L�
Clerk of the/Council