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HomeMy Public PortalAbout1981_02_25_O005 TOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA ORDINANCE NO. 81-0-5 PRESENTED February 25, 1981 AMENDED February 25, 1981 ADOPTED 'February 25, 19 81 AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE. WHEREAS, the public necessity, convenience, general welfare and good zoning practice require amendment of the regulations contained in the Leesburg Zoning Ordinance; and WHEREAS, draft zoning amendments dated May 16, 1980 were initiated and trans- mitted to the Planning Commission for public hearing and recommendation required by Section 15.1-431 of the 1950 Code of Virginia, as amended; and WHEREAS, the Leesburg Planning Commission, after advertising and conducting a public hearing on June 17, 1980, as required by Section 15.1-431 of the Code, trans- mitted certain amendments of the Zoning Ordinance to this Council with recommenda- tion for approval; and WHEREAS, a public hearing was advertised and 'held by this Council as required by Section 15.1-431 of the Code on February 11, 1981, at which time interested persons appeared and presented their views on the proposed ordinance: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. follows: Section 2-7 of the Leesburg Zoning Ordinance is amended to read as 2-7 OFF'STREET'PARKING AND LOADING REQUIREMENTS. 2-7-1. General requirements foroff-street parkin~ and loading. (a) Accessory off-street parking and loading facilities shall be provided as required in this division whenever any building is erected, enlarged, converted from a single-family to multi-family use, converted ,4' -2- from a single family to multi-family use, converted from a residential to a non-residential use or whenever a commercial or institutional use of land begins. Applications for zoning permits shall include in the zoning plan a scaled and dimensioned drawing showing off-street parking and loading spaces to be provided. (b) No off-street parking or loading facilities shall be reduced in size below the number required herein for the building or land use to which it is accessory. (c) The parking space requirements shall not apply to any zoning lot within 500 feet of a public municipal parking lot. (d) Parking space required under the provisions of this Article may be provided cooperatively for two or more uses in a development or for two or more individual uses, subject to arrangements that will assure the permanent avail- ability of such space, as such arrangements are approved by the Commission. The amount of such combined space shall be equal to the sum of the amounts required for the separate uses; provided, that the Commission may re- duce the amount of space required for a church or for a meeting place of a civic, fraternal or similar organization under the provisions of a combined parking area by reason of different hours of normal activity than those of other uses participating in the combination. (e) Parking facilities in residential districts shall be used solely for the parking of automobiles and trucks of 5,000 pounds gross weight or less. (f) Off-street parking facilities shall be paved and: (1) Shall be located on the same zoning lot with the principal building or use in R-i, R-2, and R-4 zoning district. (2) Shall be located within an R-3, MC, B-i, B-2 and M-1 zoning district within 300 feet of the zoning lot to which it is accessory in R-3, MC, B-i, B-2 and M-1 zoning districts; and (3) Shall be in the same possession, either by deed or long-term lease, as the property owner of the zoning lot on which the principal building or use exists if provided elsewhere than on the same zoning lot. (g) When determination of the number of required off-street parking spaces results in a requirement of a fractional space, any fraction up to and including one-half shall be disregarded, and fractions over one-half shall be interpreted as one parking space. Parking spaces within a garage structure and on a driveway, exclusive of the sidewalk and apron, may be computed as off- street parking spaces. (h) Required parking spaces shall be at least 9.5 feet wide and 19 feet long, exclusive of driveways, aisles, ramps or columns and shall be accessible from streets. (i) Aisles between rows of parking spaces shall have minimum widths as indicated in the following table: -3- Angle of Width of Aisle, Width of Aisle, Parkin~ One-way traffic two-Way traffic 90 degrees 22 feet 22 feet 60 " 18 " 22 " 45 '~ 13 " 22 " 30 " 12 " 22 " Parallel 11 " 22 " (j) Driveways leading to off-street parking facilities accessory to residential uses shall be at least 10 feet wide and 18 feet wide if leading to parking or loading facilities accessory to commercial, institutional or industrial uses. (k) Ail unenclosed off-street parking areas in yards abutting a public street shall be separated from public rights-of-way by a clear or landscaped space of at least six feet in width and a six inch high curb shall be provided on the parking area side of the space. (1) Ail unenclosed off-street parking areas shall be separated from principal buildings by a six inch high curb so as to maintain unobstructed a clear three foot corridor between the building and the parked vehicles. (m) Ail unenclosed off-street parking areas for over five vehicles shall be screened as required by Article 9A of this Ordinance. (n) No unenclosed off-street parking facility of over 30,000 square feet in a B-i, B-2 or M-1 zoning district shall be closer than 40 feet to any lot in an R-I, R-2, R-3, or R-4 zoning district. (o) Driveway connections from off-street parking or loading facilities shall be located at least 10 feet from any side lot line and at least 25 feet from the intersecting lot lines on corner lots. (p) Any lighting used to illuminate an off-street parking or loading area shall be equipped with suitable shielding or be so arranged as to prevent a glare or reflective lighting on adjoining public or private property. The lighting shall be subject to the approval of the zoning administrator. (q) No signs shall be displayed in any parking area within any residential district, except as may be necessary for the orderly use of the parking facili- ties and limited to .two square feet in area. 2-7-2. Required off-street parkin~ spaces. Off-street parking spaces shall be provided in accordance with the schedules in paragraphs a, b, c and d below. The aggregate number of spaces required shall be provided on zoning lots with combinations of uses. Off- street parking space requirements for any use not specified in this Article shall be the same as for a similar use permitted in the particular zoning district but not less than the total number of spaces ~eeded to accommodate vehicles of employees of the establishment and those of all persons who may be expected to visit the establishment at any one time. Types of Uses: (a) Residential (1) Single family dwelling, detached (2) Single family dwelling, attached Required NO. of Parking Spaces 2..0 per duelling 2.0 per dwelling (b) -4- (3) Multi-family dwelling (4) Rooming/boarding house (5) Tourist home (6) Family care homes (7) Group homes (8) Mobile home parks Commercial (1) Retail sales establishment, indoor (2) Retail sales establishment, out- door (3) Office (4) Convenience retail establishment (5) Financial institution (6) Hotel, motel (7) Personal service establishment (8) Private club, fraternal lodge (9) Equipment rental establishment (10) Printer (11) Laboratory (12) Places of assembly, amusements, theatre, auditorium (13) Kennel, animal hospital (14) Repair service establishment (15) Automobile service station (16) Automobile sales establishment (17) Restaurant, sit-down (18) Restaurant, drive-in (19) Restaurant, carry-out (20) Wholesale sales establishment, enclosed (21) Funeral home 2.0 per dwelling 1.0 per sleeping room 1.0 per sleeping room 0.25 per occupant 0.25 per occupant 1.5 per dwelling 1.0 per 200 sq.ft, of floor area. 1.0 per 600 sq.ft, of lot area. 1.0 per 200 sq.ft, of floor area. 1.0 per 200 sq.ft, of floor area. 1.0 per 500 sq.ft, of floor area. 1.0 per sleeping room + 2 spaces. 1.0 per 175 sq.ft, of floor area. 1.0 per 50 sq.ft, of floor area in the main audi- torium and 1.0 per 200 sq.ft, of other floor area. 1.0 per 200 sq.ft, of floor area. 1.0 per 300 sq.ft, of floor area. 1.0 per 200 sw.ft, of floor area. 1.0 per 3.5 seats. 1.0 per 200 sq.ft, of floor area. 1.0 per 300 sq.ft, of floor area. 6 minimum, 2 per interior stall + 1 per fueling island. 1.0 per 1,000 s.qft, of floor area + 1.0 per 3,000 sq.ft, of lot area. 1.0 per 50 sq.ft, floor area 1.0 per 30 sq.ft, of floor area. 1.0 per 90 sq.ft, of floor area. 1.0 per 300 sq.ft, of floor area. Minimum 25 + 1.0 per 35 sq. ft. of public area. (c) (22) Health care office (23) Private recreation establishment (24) Barber shop, beauty parlor (25) Self service laundry (26) Bowling Alley (27) Hardware, appliance, household equipment or furniture sales establishment of over 3,000 sq.ft. in area. Industrial (1) Manufacturing, assembly and indust- rial establishment (2) Warehouse establishment (d) Public and semi-public (1) Church (2) Elementary school (3) Middle school (4) High school (5) Nursery school, kindergarden (6) Dormitory (7) Hospital, general (8) Hospital, special care (9) Library, museum (10) Public and private dormitory school 1.0 per 175 sq.ft, of floor area. 1.0 per 200 sq.ft, of floor area. 2.0 per service chair. 1.0 for each 3 washing machines. 5.0 per alley. 1.0 per 1,000 sq.ft, of floor area. 1.0 per 3,000 sq.ft, of floor area. 0.5 per employee + 1.0 per 10,000 sq.ft, floor area. 1.0 per 4 seats in main auditorium. 1.0 per 25 classroom seats. 1.0 per 10 students. 1.0 per 10 students. 1.0 per 10 students. 1.0 per 3 beds. 1.5 perbed. 1.0 per 4 beds. 1.0 per 800 sq.ft, of floor area. 1.0 per classroom. 2-7-3. Additional requirements for off-street loading. (a) Accessory off-street loading facilities shall be provided on the same lot as the use it serves and may occupy all or any part of any required yard, except as prohibited below. No loading facility shall be located within any yard adjacent to an R-i, R-2, R-3, or R-4 district, or within 50 feet of any lot in such districts. (b) Each off-street loading space shall be an area at least 10 feet wide and 25 feet long having a vertical clearance of at least 14 feet, plus adequate area for ingress and egress. 2-7-4. Required off-street loading spaces. TypeS of Uses: (a) Retail and service establishment Off-street loading spaces shall be provided in accordance with the schedule below. Required'No. of Loading Spaces 1.0 for the first 10,000 sq. ft. of floor area + 1.0 for each 20,000 sq.ft.of floor area thereafter. (b) Office buildings -6- (c) Freight and truck terminal (d) Warehouse and wholesale (e) Manufacturing, assembly and industrial establishments 0.0 for the first 2,500 sq. ft. of floor area; 1.0 for all floor area be- tween 2,501 and 75,000 sq.ft. + 1.0 per 50,000 sq.ft, of floor area thereafter. 1.0 for each 5,000 sq.ft, of floor area. 1.0 for each 7,500 sq.ft, of floor area. 1.0 for each 10,000 sq. ft. of floor area. SECTION II. Section 3-2 of'the Leesburg Zoning Ordinance is amended by adding a new subsection numbered 3-2-4 to read as follows: Family care homes and group homes complying with the provisions of Section 8-2-11-7. SECTION III. Section 4-2 of the Leesburg Zoning Ordinance is amended by adding a new subsection numbered 4-2-6 to read as follows: Family care homes and group homes complying with the provisions of Section 8-2-11-7. SECTION IV. Section 8-2 of the Leesburg Zoning Ordinance is amended by adding a new subsection numbered 8-2-11-7 to read as follows: 8-2, ADDITIONAL REQUIREMENTS, EXCEPTIONS & MODIFICATIONS 8-2-11-7. Family carehomesand~roup homes. A Family Care Home and/or ~ Group Home is conditionally permitted as a special exception by the Board of Zoning Appeals in R-1 and R-2 Zoning Districts. The following requirements for family care and group homes are in addition to others in this ordinance: (a) A family care or group home shall not maintain lower than the minimum building, fire, health and safety standards set by state and local laws and regulations applicable to such a home. (b) A family care or group home shall not be permitted to be con- structed or operated until the agency, organization, or institution super- vising such a home satisfies the Board that the home and its operation comply or will, within a reasonable time, comply with all licensing re- quirements of the appropriate state agency. (c) In order to prevent the creation of a de facto social service district and to avoid impacting either a residential block or neighborhood, the Board shall exercise care in considering a request to establish a family -7- care or group home which would increase the number of persons living on a block face beyond 30 persons, or beyond approximately three percent of the total number of persons, according to the most recent census figures, living within one-half mile of the applicant home. These provisions are intended to assure that family care and group homes do not exceed the limited capacity of a neighborhood's existing social structure to accomuodate them. These provisions are also intended to avoid an over-concentration of family care and group homes which may inadvertently recreate an institutional setting, and thus impede successful functioning of such homes. No more than three family care or group homes shall be permitted on the same block face. (d) The minimum lot area for a family care or group home shall be 20,000 square feet. (e) Each family care or group home shall have a minimum front yard of fifty feet; minimum side yards of twenty feet each and a minimum rear yard of twenty feet. (f) The minimum floor area of each principal building containing a family care or group home shall be 3,000 square feet. (g) Each family care or group home shall have off-street parking and loading facilities located at least 25 feet from any adjoining lot. SECTION V. Article 15 Of the Leesburg Zoning Ordinance is amended by adding a new subsection numbered 15-1-30.1 to read as follows: "Family care home" means a dwelling unit established or licensed by the State of Virginia or its subdivisions which provides residential services and supervision for eight or fewer individuals who need not be related to the resident house parents or supervisors, and who are developmentally disturbed, mentally retarded, mentally ill, aged, handicapped, or children in need of adult supervision. SECTION VI. Article 15 of the Leesburg Zoning Ordinance is amended by adding a new subsection numbered 15-1-32.1 to read as follows: "Group home" means a dwelling licensed or established by the State of Virginia or its subdivisions which provides residential services and supervision for more than eight but not more than sixteen persons who need not be related to the resident house parents or mentally ill, aged, handicapped, or children in need of adult supervision. SECTION VII. This ordinance shall be in effect upon its passage. PASSED this 25th day of ATTEST: Clerk of Co~il February , 1981. ~llins, Mayor Town of Leesburg