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HomeMy Public PortalAbout1978_06_14_O015TOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA PRESENTED June 14~ 1978 ORDINANCE NO. 78-0-15 ADOPTED June 14~ 1978 AN ORDINANCE: AMENDING ARTICLE 10 A OF THE LEESBURG ZONING ORDINANCE AND CREATING AN H-1 HISTORIC DISTRICT ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. Article 10 A of the Leesburg Zoning Ordinance is amended to read as follows: ARTICLE 10 A H-1 HISTORIC DISTRICT REGULATIONS 10A-1 HISTORIC DISTRICT CREATED, ESTABLISHED A historic conservation district is hereby created within the town under authority of Sec. 15.1-503.2 of the State Code to be known as the H-1 Historic District with boundaries to be the same as shown on a map designated "Grey's New Map of Leesburg" drawn from special surveys in the year 1878 and described as follows: "Beginning on the east at the intersection of Loudoun and Market Streets and running northeast parallel to Church Street to the intersection of a line in projection of North Street; thence northwest in a straight line to and along North Street to the intersection of Church Street; thence northeast in a straight line parallel to King Street to the intersection of a line in pro- jection of Union Street; thence in a straight line northwest to and along Union Street to the intersection of a line in Extension of Liberty Street; thence southwest in a straight line to the intersection of Liberty and North Streets; thence northwest in a straight line in extension of North Street until intersecting a line in pro- jection of Ayr Street; thence southwest to and along Ayr Street to a point 100 feet southwest of the intersection of Ayr Street and Town Branch Creek; thence in a straight line in extension of South Street southeast to a point 200 feet west of King Street, still on an extension of South Street; thence in a straight line southwest parallel to King Street to a point 500 feet south of the railroad; thence east across King Street in a straight line parallel to South Street for 1700 feet; thence northeast in a straight line parallel to King Street to the intersection of Loudoun and Market Streets." 10A-2 HISTORIC DISTRICT REGULATIONS IN GENERAL a. The restrictions and requirements of this Article shall be in addition to other restrictions and requirements provided in this Ordinance. b. No building or structure, including signs, shall be erected, reconstructed, altered or restored within the H-1 Historic District unless the owner has applied for and received a Historic District Zoning Permit authori- zing the erection, reconstruction, alteration or restor- ation pursuant to the requirements of this Article. c. No building or structure within the H-1 Historic District shall be razed, demolished or moved unless the owner has applied for and received a Historic District Zoning Per- mit authorizing the razing, demolition or moving pursuant to the requirements of this Article. d. Permitted use, conditional use and other regulations for zoning lots in the H-1 Historic District shall be as established elsewhere in this Ordinance. 10A-3 APPLICATION FOR HISTORIC DISTRICT ZONING PERMIT Any person proposing to erect, reconstruct, alter, restore, raze, demolish or move any building or structure, including signs, within the H-1 Historic District shall submit an application for a Historic District Zoning Permit to the Zoning Administrator. The application shall be submitted on forms provided by the Zoning Administrator and shall provide architectural plans, site plans, landscaping plans, proposed signs, and lighting plans and such information determined by the Zoning Administrator to be necessary for consideration of the application by the Board of Architectural Review at least 21 days prior to the Board of Architectural Review meeting at which first consideration is desired. I~A-4 BOARD OF ARCHITECTURAL REVIEW - CREATION AND MEMBERSHIP lOA-4-I For the purposes of making effective the provisions of this article a "Board of Architectural Review" is hereby estab- lished. The Board shall consist of seven members appointed by the Mayor, one of whom shall be the Director of Planning and Zoning, serving by virtue of his office. Where quali- fied and acceptable candidates are available, one member of the Board shall be a member of the American Institute of Architects, and one a member of the American Society of Civil Engineers. One Board member will be appointed from the Town Council and one from the Planning Commission. One member should be a person with knowledge of local real estate conditions and one member should be appointed primarily on the basis of a knowledge and demonstrated interest in the historical heritage of Leesburg. --3-- 10A-4-2 lOA-5 lOA-5-1 lOA-6 lOA-6-I The term of office of the members shall be for three years, except that the term of the Director of Planning and Zoning, Council member and Planning Commission member shall corres- pond to their official tenure of office. Any appointed member of the Board may be removed from office by the Council after public hearing for inefficiency, neglect of duty, or malfeasance or other just cause after charges made in writing. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be re- appointed to succeed themselves. CHAIRMAN, VICE-CHAIRMAN AND SECRETARY OF THE BOARD The Board of Architectural Review shall elect its Chairman and Vice-Chairman from its membership and the Director of Planning and Zoning shall be its Secretary. PROCEDURE FOR MEETINGS. The Chairman will conduct the meetings of the Board. In his absence the Vice-chairman shall preside. The secretary shall keep the minutes of the meetings and a permanent re- cord of all resolutions, motions, transactions and deter- minations. All members of the Board shall be entitled to vote and the decisions of the Board shall be determined by a majority vote. A quorum of four members present is re- quired before the Board may take any official action. The Board shall meet within 2l days after notification by the Zoning Administrator of an application for a Historic District Zoning Permit requiring action by the Board. The meeting of the Board shall be open to the public and a full and impartial hearing shall be granted. When voting on any question the determination may be made by secret ballot, but no proxy shall be allowed at any time. The Board shall vote and announce its decisions on any matter properly before it not later than 14 days after the conclusion of the public hearing on the matter, unless the time is extended by mutual agreement between the Board and the applicant. The Board shall not reconsider any decision made by it, except in cases where an applicant appears within 90 days with his application amended as hereinafter provided. The Board shall not hear the subject matter of any application which has been denied until a period of one year has lapsed except in cases where an applicant appears within 90 days with his application amended as hereinafter provided. In case of disapproval of the erection, reconstruction, alteration, restoration or razing of a building or structure, the Board shall briefly state its reasons therefor in writing and it may make recommendations to the applicant with respect to the appropriateness of design, arrangement, texture, material, color, location, and the like, of the building or structure involved. In case of disapproval accompanied by recommendations, the applicant may be heard before the Board if within 90 days he comes before the Board with his application so amended that it will comply with all the recommendations of the Board. In matters covering the 10A-7 10A-8 the procedure for meetings not covered by this article (e.g. schedules for regular periodic meetings), the Board may establish its own rules, provided they are not contrary to the spirit of this article. CONDITIONS FOR APPROVAL OF HISTORIC DISTRICT ZONING PERMITS a. The Board of Architectural Review shall not issue a Historic District Zoning Permit for the erection, re- construction, alteration or restoration of any structure or building, including signs, within the H-1 Historic District unless it finds the same is architecturally compatible with the historic landmarks, buildings or structures within the district. In making its findings, the Board shall consider. 1. How well the application complies with recommenda- tions contained in the Physical Design Plan for the Leesburg Old and Historic District submitted by Hartzog, Lader and Richards, June 30, 1976. 2. The extent the application meets criteria of "A Design Manual for the Town of Leesburg in Virginia", by Kamstra, Dickerson and Associates, made a part hereof by reference as if incorporated herein verbatim. 3. The, height, proportion, openings, rhythm, spacing, entrances, materials, texture, color, details, roofs, walls, fences, landscaping, ground cover, scale, and the directional and styles of expression of the proposed work. 4. The architectural significance and appearance, historic significance, value and use of the property. b. The Board of Architectural Review shall not issue a Historic District Zoning Permit for the erection, re- construction, alteration or restoration of any building or structure, including signs, which does not incorporate at least six of the design elements set out in A Design Manual for the Town of Leesburg in Virginia." APPEALS OF DECISIONS OF BOARD OF ARCHITECTURAL REVIEW mo Appeals to the Council from any final decision of the Board of Architectural Review may be made by any person by filing a petition with the Clerk of Council, setting forth the basis for the appeal, within 30 days after the final decision is rendered. The filing of the petition shall stay the decision of the Board pending the outcome of the appeal to the Council, except that the filing of such petition shall not stay the decision of the Board if such decision denies the right to raze, de- molish or move any structure or building in the H-1 Historic District. The Council may reverse or modify the decision of the Board in whole or in part, if it finds upon review that the decision of the Board is contrary to the law or that its decision is arbitrary and con- stitues an abuse of discretion, or it may affirm the decision of the Board. Appeals to the Circuit Court of Loudoun County from any decision of the Council may be made by any per- son by filing a petition at law, setting forth the alleged illegality of the action of the Council within 30 days from the final decision rendered by the Council. The filing of the said petition shall stay the decision of the Council pending the outcome of the appeal to the Court, except that the filing of such petition shall not stay the decision of the Council if such decision denies the right to raze or demolish a historic landmark, building or structure. The court may reverse or modify the decision of the Council in whole or in part, if it finds upon review that the decision of the Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the Council. SECTION II. This ordinance shall be in effect from and after its passage. PASSED this 14th day of June , 1978. ATTEST: Clerk o~ouncil Mary A~ne Newman, Mayor Town of Leesburg