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HomeMy Public PortalAbout1980_03_12_O003ORDINANCE NO. 80-0-3 TOWN OF LEESBURG IN LOUDOUN COUNTY,~ VIRGINIA PRESENTED February 27, 1980 March 12, 1980 ADOPTED AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE. WHEREAS, the Planning Commission on July 5, 1979 initiated an amendment of the Leesburg Zoning Ordinance to delete provisions pertaining to land develop- ment and off-site fees now contained in the Subdivision and Land Development Regulations and to add new provisions concerning (1) the administration and enforcement of the zoning ordinance; (2) the responsibilities of the Zoning Administrator; (3) landscaping of commercial development and parking lots; and (4) conditional zoning; and WHEREAS, the Planning Commission conducted a public hearing on the pro- posed amendments in line with Sec. 15.1-431 on August 2, 1979; and WHEREAS, the Planning commission on December 6, 1979 recommended adoption of the proposed amendments; and WHEREAS, this Council conducted a public hearing on the proposed amendments in line with Sec. 15.1-431 on February 13, 1980; NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, Virginia, as follows: SECTION I. Articles 9 and 9A of the Leesburg Zoning Ordinance are amended to read as follows: ARTICLE 9 - ADMINISTRATION AND ENFORCEMENT 9-1 Zoning permitsi required~ etc. 9-1-1 9-1-2 9-1-3 9-1-4 9-1-5 9-1-6 9-1-7 -2- No person shall construct, reconstruct, move, alter or add to any building in any way governed by this Ordinance without first mak- ing proper application, paying the required fee and receiving a zoning permit from the Zoning Administrator. The zoning permit shall state that the proposed project, as shown by the plans and specifications filed with the Zoning Administrator, is in compliance with the provisions of this Ordinance and Chapter 13, Article IV of the Leesburg Town Code. Every application for a zoning permit shall be accompanied by plans in duplicate, drawn to scale in black line or blueprint, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size, elevation and height of any building or structure to be erected or altered; the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units tSe building is designed to accommodate and, when no buildings are involved, the location of the present use and proposed use to be made of the lot and such other information required by the Zoning Administrator with regard to the lot and neighboring lots as may be necessary for the enforcement of this Ordinance. One copy of the plans shall be returned to the owner when they have been approved by the Zoning Administrator, together with the approved or disapproved zoning permit. Ail dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started. Where a development plan has been submitted to and approved by the Leesburg Planning Commission in accordance with the provisions of Chapter 13, Article IV, of the Leesburg Town Code, one copy of the approved development plan may be substituted for the plans required above. Upon receipt-;, a zoning permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. Before a zoning permit is issued the plans and intended use shall indicate conformity in all respects to the provisions of this Ordinance. Zoning permits shall be issued within ten days of application, provided the proposed building conforms to this Ordinance. Every zoning permit shall expire and be Void unless the activity authorized therein shall commence within one year of the date of issue. 9-2 Zoning Certificate~ required, etc. 9-2-1 9-2-2 9-2-3 9-2-4 9-3 9-3-1 9-3-2 9-4 9-4-1 9-4-2 -3- No person shall occupy or use any newly constructed, reconstructed, moved, altered or enlarged building, except detached single-family dwellings, without first making proper application for and receiving a zoning certificate therefor issued by the Zoning Administrator. The zoning certificate shall state that the completed improvement or relocation has been inspected by the Zoning Administrator and has been found to be in compliance with the provisions of this Ordinance. Zoning certificates shall be issued within three days of application therefor provided the use or building conforms to this Ordinance. Upon written request from the owner or tenant, the Zoning Administrator shall issue a zoning certificate for any building or premises existing at the effective date of this Article, certifying after inspection the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this Ordinance. A zoning certificate shall be secured from the Zoning Administrator prior to the reoccupation or reuse of any lot, building or structure in previous established use when such reoccupation or reuse is of a different character or type than that of the previous established use. The zoning certificate shall state that the extent and kind of use proposed to be made of the lot, building or structure conforms to the provisions of this Ordinance. Fees. Fees and charges to be paid to the town for application for zoning permits shall be as follows: For single- and multiple-family dwellings and accessory uses to be newly erected, altered, reconstructed, enlarged or relocated, the fee for filing the application for a zoning permit shall be $5.00 per dwelling unit. For newly erected, altered, reconstructed, enlarged or relocated non- residential uses, the fee for filing the application for a zoning .permit s~aii ~e$25.00. Zoning Administrator. This Ordinance shall be administered and enforced by the Zoning Administrator who shall: Interpret the provisions of this Ordinance. Conduct inspections of buildings, structures, and uses of land to determine compliance with this Ordinance, and, in the case of any violation, to notify in writing the person or persons responsible, specifying the nature of the violation and ordering appropriate corrective action. 9-4-3 9-4-4 9-4-5 9-4-6 9-5 9-5-1 9A-1 9A-l-1 9A-1-2 9A-1-3 9A-1-4 9A-1-5 -4- Maintain the Zoning Map in current status, Maintain permanent and current records required by this Ordinance, in- cluding but not limited to zoning permits, zoning certificates, and all official actions on administrative appeals, variances, special exceptions, conditional uses, amendments, changes of zoning district boundaries, and reclassifications ofproperty. Prepare and submit an annual report to the Council on the administra- tion of this Ordinance, setting forth such statistical data and information as may be of interest and value in advancing and further- ing the purposes of this Ordinance. Maintain a true copy of this Ordinance in current status and file the same in the office of the Clerk of the Circuit Court of Loudoun County, Virginia. Violations and penalties. Any person who violates any provision of this Ordinance shall be guilty of a misdemeanor and, upon conviction for any violation, shall be punished by a fine of not less than $10.00 nor more than $1,000.00. Each day which any violation continues shall constitute a separate offense. ARTICLE 9A - LANDSCAPING AND SCREENING General. Ail non-impervious areas within zoning lots, except within single-family zoning lots, shall be landscaped as required by this Article. Certain uses of land shall be screened from view from streets and adjacent lots by buildings, walls, topographic features or landscaping as provided in this Article. Existing trees, shrubs and other plant materials shall be retained to the greatest extent possible and taken into account in the preparation of development plans. Plans shall indicate how existing trees, shrubs and other plant materials are to be protected during the construction and how tree roots are to be protected and provided moisture and how soils are to be aerated and drained. Plans shall include information needed to show the location, quantity, size and variety of all landscaping materials to be used. Ail landscaping plant materials required by this Article shall be in- stalled prior to occupancy or commencement of use except when the installation is not possible because of the season of the year. In such event the Zoning Administrator shall issue a conditional zoning certificate upon completion of all other requirements. The certificate -5- shall specify the time for completion of all required landscaping and shall be revoked automatically if the required landscaping has not been installed within that time. Any zoning certificate may be revoked by the Zoning Administrator after 30 days written notice to the person assessed for taxes on the affected lot and to the occupant whenever landscaping or screening required in this Article is not maintained. 9A-1-6 Ail trees required by this Article shall be at least 8 feet high when planted and shall be maintained in a healthy condition or re- placed. They shall not be pruned, except to remove dead wood, so as to prevent growth to a height of at least 15 feet or to reduce existing height belOw 15 feet. Where new tree plantings are other- wise required, existing trees having a height of at least 8 feet may be counted as required trees if not one of the varieties pro- hibited below and if the earth under their branches remains undisturbed. The following varieties of trees are prohibited in meeting the requirement of this Article: poplars, willows, American Elms, seed-bearing locusts, box elders and any species which does not normally grow to a height of 15 feet in the town. 9A-1-7 The Zoning Administrator is authorized to approve alternative land- scaping plans which are essentially equal to or exceed the requirements of this Article in the event the designer proposes landscaping which does not meet the specific quantity requirements of the Article. 9A-2 Landscaping in non-residentialdistricts. Landscaping on zoning lots in B-l, B-2, MC and M-1 districts shall be as follows: 9A-2-1 At least one tree, and three shrubs at least 18 inches high when planted, shall be provided for each 2,000 square feet of non-impervious area not included in required landscaped areas for off-street parking and loading facilities. 9A-2-2 Ail non-impervious areas not otherwise landscaped shall be covered with grass or other ground cover plants. 9A-3 Parking lotlandscaPing. Off-street parking and loading facilities for over five vehicles shall be landscaped as provided below: 9A-3-1 Within the perimeter of required parking or loading areas, landscaped space of at least 15 square feet for each parking space, located so no parking space is more than 120 feet from a portion of the landscaped space required in this Article shall be provided. 9A-3-2 The required landscaped area need not be contiguous but there shall be at least one tree in each separate area. -6- 9A-3-3 At least one tree and three shrubs at least 18 inches high when planted shall be placed in planters located within the parking lot for each 15 parking spaces or fractional part thereof. 9A-4 Screening. 9A-4-1 Screening required in this Article: 9A-4-1.1 9A-4-1.2 Shall consist of a screen of plants at least 24 inches high when planted, maintained in a healthy condition and so installed and pruned as to provide maximum opacity within 24 months from the ground to a height of 5 feet; or Shall consist of a wooden fence or masonry wall at least 6 feet high; or 9A-4-1.3 Shall consist of buildings, walls or topographic features of suffi- cient dimensions so as to interfere with view; or 9A-4-1.4 Shall consist of an earthen berm at least 4 feet in height and 18 feet in width, height being measured from the surface of the area to be screened, and planted with a screen of plant materials consist- ing of plants at least 12 inches high when planted, maintained in a healthy condition and so installed and pruned as to provide maximum opacity within 24 months from the top of the berm to a height of 2 feet. 9A-4-2 The following uses, if on zoning lots adjacent to R-i, R-2, R-3 or R-4 districts, or if within such districts and adjacent to zoning lots with one and two family dwellings, shall be screened as provided. 9A-4-2.1 Unenclosed parking areas for over five vehicles. 9A-4-2.2 Commercial uses in B-i, B-2 and MC districts. 9A-4-2.3 Industrial uses in the M-1 districts. 9A-4-3 In addition to the screening required above, articles or materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, salvaged or otherwise not being offered for sale in a completed, usable and normal condition shall be screened so as not to be visible from any public street within 300 feet of the lot on which the activity is located. SECTIOM II. Section 2-7-2-2 and all of Article 9B of the Leesburg Zoning Ordinance are repealed. SECTION III. A new section is added to Article ll of the Leesburg Zoning Ordinance to read as follows: 11-8-4 -7- Conditional Zonins. Those proffer provisions provided for in Section 15.1-491.1 through Section 15.1-491.6 of the 1950 Code of Virginia, as amended, are in- corporated as part of this Zoning Ordinance as if set out fully herein. SECTION IV. This Ordinance is effective upon its passage. PASSED this 12th day of March , 1980. ATTEST: Clerk of Co,il ~en~eth B. Rollins, Mayor Town~ of Leesburg