HomeMy Public PortalAbout1984_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.
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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
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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