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.
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10A-4-2
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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