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1984_01_11_O005The Town of Leesburg in Virginia ORDINANCE NO. AN. ORDINANCE: PRESENTED January 11, 1984 84-0-5 ADOPTED January 11, 1984 AMENDING THE LEESBURG ZONING ORDINANCE TO PROVIDE FOR CERTAIN SPECIAL EXCEPTIONS BY COUNCIL WHEREAS, the following proposed amendment to the Leesburg Zonim. g Ordinance was initiated by this Council on November 9, 1983 and referred to the Planning Commission; and WHEREAS, this Council and the Planning Commission conducted a joint public hearing on December 14, 1983 and heard all persons desiring to express their views on the proposed amendments; and WHEREAS, the Planning Commission recommended to Council approval of the proposed amendment on January 5, 1984; and WHEREAS, the Planning Commission and this Council find that the: following amendment is required by the public necessity, convenience, general welfare and good zoning practice because: 1. The Town Plan establishes a goal to provide a mix of housing in Leesburg; 2. The Town Plan calls for preservation and enhancement of the Old and Historic District; and 3. Development of residential uses in the Old and Historic District is critical to the viability of the District. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended by adding new sections as follows: 5-2.1 SPECIAL EXCEPTIONS. The following are permitted in B-1 Community Business District when authorized by special exception under Section 8-2-11-10 of! this ordinance. -2- AMENDING THE LEESBURC ZONING ORDINANCE TO PROVIDE FOR CERTAIN SPECIAL EXCEPTIONS 5-2.1-1 One and two bedroom dwellings not subject to the limitations and requirements of Section 8-1-2. 6-2.1 SPECIAL EXCEPTIONS. The following are permitted in the B-2 General Business District when authorized by special exception under Section 8-2-11-10 of this ordinance. 6-2.1-1 One and two bedroom dwellings not subject to the limitations and requirements of Section 8-1-3 of this ordinance. 8-2-11-10 SPECIAL EXCEPTIONS BY COUNCIL. The Council may grant special exceptions to permit a greater number of one-and/or two-bedroom dwellings than permitted under Sections 8-1-2 and 8-1-3 of this ordinance on zoning lots located in the H-1 Historic District. 8-2-11-11 General Requirements. The Council may issue a special exception under the provisions of this section when it determines that: (a) The proposed use generally conforms to the provisions of the TowDPlan and is not detrimental to the public health, safety or general welfare. (b) The proposed or existing structure has architectural or his- torical significance or contributions to the character of the His- toric District; (c) The plan for use of the lot includes adequate provision for off-street parking within three hundred feet of the lot; refuse storage and removal; and light, air and space for residents; (d) The improvements to the structure are compatible with the surrounding neighborhood and exterior alterations of all structures are approved by the Board of Architectural Review; (e) The size or shape of the lot or existing structure on the lot or the use or development of lots in the surrounding neighbor- hood effectively prohibits or unreasonably restricts the econo- mic and beneficial use of the property in furtherance of the Town Plan; (f) The applicant provides for life safety improvements to any existing structure involved in accordance with applicable codes; and -3- AMENDING THE LEESBURG ZONING ORDINANCE TO PROVIDE FOR CERTAIN SPECIAL EXCEPTIONS (g) Adequate public services are available to meet the needs of residents of the structure. 8-2-11-12 Application and Approval. (a) Application for a special exception by the Council shall be made on forms provided by the zoning administrator who shall trans- mit a copy to the Planning Commission for recommendation. The Planning Commission shall transmit its recommendation to the Council no later than thirty days after the first meeting of the Commission after the application has been referred to the Commission. (b) The Town Council shall conduct a public hearing pursuant to Section 15.1-431 of the Code of Virginia, as amended after re- ceipt of the Planning Commission recommendation. (c) The Town Council may establish reasonable conditions, safe- guards and restrictions on the proposed use as deemed necessary to protect nearby properties and the public interest. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. PASSED this This ordinance shall be in effect upon its passage. llth day of January ~.~, ~84, i~/,I Robert~E. Se~ila, Mayor Town of Leesburg ATTEST: ,7 Clerk of C~.o~il