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Home My Public Portal About1986_05_28_O023in ~ZirKini~ ORDINANCE NO. PRE SE NTE D ADOPTED May 28~ 1986 May 28, 1986 AN ORDINANCE: AMENDING SECTIONS 5-1, 5-2, 6-1, 6-2, 8-1, 8-2 and 15-1 OF THE LEESBURG ZONING ORDINANCE WHEREAS, the general and community business zoning districts permit the construction of dwelling units by right; and WHEREAS, this Council has recognized conflicts between business and resi- dential land uses; and WHEREAS, larger setbacks and screening are required to buffer these incom- patible uses and control the location of dwellings in business districts; and WHEREAS, the revision of these zoning district regulations is an objective of the Town Plan; and WHEREAS, the Council and Planning Commission held a joint public hearing on October 9, 1985, and the Planning Commission recommended these amendments to the Council on March 6, 1985; and WHEREAS, the Town Council held an additional public hearing concerning these amendments on May 14, 1986, and WHEREAS, these amendments are consistent with the policies of the Town Plan and are in the best interest of the public health, safety and welfare: THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The use regulations within the B-l, Community Business District, as they relate to single-family, two-family and multi-family dwellings are hereby modified by amending Sections 5-1 and 5-2.1 of the Leesburg Zoning Ordinance as follows: revord 5/86 REVISE ZONING ORDINANCE REGARDING MULTI-FAMILY DWELLINGS 2 Section 5-1 PERMITTED PRINCIPAL USES 5-1-1 Ail "R-I" and "R-2" Residential District permitted uses~ except single-family and two-family dwellings which are ~ permitted use only within the H-1 Historic Overlay District. 5-1-2 5-1-3 5-1-4 (No change) Hotels, motels, .... :' " '~? ,,,u~-~ou,~ uw~~ and tourist homes (No change) 5-2.1 SPECIAL EXCEPTION (No change) 5-2.1 (b) Multi-family dwellings meeting the standards provided in Section 8-2-11-11A of this ordinance. 5-2.1 (c) Single-family attached and detached dwellings and two- family dwellings meetin~ the standards provided in Section 8-2-11-11B of this ordinance. SECTION II. The use regulations within the B-2 General Business District, as they relate to single-family, two-family and multi-family dwellings are hereby modified by amending Sections 6-1 and 6-2.1 as follows: Section 6-1 PERMITTED PRINCIPAL USES 6-1-1 Ail "B-i" Business District permitted uses~ except single- family and two-family dwellings which are ~ permitted use only within the H-1 Historic Overlay District. 6-1-2 (No change) Sec. 6-2.1 SPECIAL EXCEPTIONS (No change) 6-2.1 (b) Multi-family dwellings meeting th__~e standards provided i__9_n Section 8-2-11-11A of this ordinance. 6-2.1 (c) Single-family attached and detached dwellings and two- family dwellings meeting the standards provided in Sec. 8-2-11-11B of this ordinance. SECTION III. The size and dimension standards for the B-1 Community Business District, as they relate to dwellings, are hereby modified by amending Section 8-1-2 of the Leesburg Zoning Ordinance as follows: revord2 5/86 REVISE ZONING ORDINANCE REGARDING MULTI-FAMILY DWELLINGS 3 Section 8-1-2. (a) In the B-1 Community Business District: Zoning lots shall be at least 8,000 square feet in land area for detached dwellings and 10,000 square feet in land area for each two-family attached dwelling. · i it .......... f (b) (c)(d)(e) (No change) (f) Rear yards shall be at least 20 feet deep for residences and 15 feet for all buildings on lots abutting an existin~ residential use or "R" district. SECTION IV. The size and dimension standards for the B-2 General Business District, as they relate to ~~-~mr~ dwellings are hereby modified by amending Section 8-1-3 of the Leesburg Zoning Ordinance as follows: Section 8-1-3. In the B-2 General Business District: (a) Zoning lots shall be at least 8,000 square feet in land area for detached dwellings and 10,000 square feet in land area for each two-family attached dwelling. ~= f==t lc, lead a~=~. Th= t~t~l ...... b=~ ~f .... itl ~ lli (b) (c)(d)(e) (No change) revord3 5/86 REVISE ZONING ORDINANCE REGARDING MULTI-FAMILY DWELLINGS 4 (f) Rear yards shall be at least 20 feet deep for residences and 15 feet for all buildings on lots abutting an existing residential use or "R" district. ~o zv~i~ {-o~ 1~ m~ buildings. SECTION V. The types of special exception uses which may be approved by the Town Council and the standards for approval of such uses are hereby modified by adding new sections 8-2-11-11A and 8-2-11-11B to the Leesburg Zoning Ordinance as follows: Sec. 8-2-11-11A Special Exception Multi-family Uses in the B-1 Community Business District and B-2 General Business District. The Council may grant a special exception to permit multi- family dwellings in the B-1 or B-2 District when the following standards are met: (a) (b) (c) Maximum Density: Twenty-two dwelling units per acre, or 30 units per acre if all one- bedroom or ~fficiency units Minimum Lot Width: 100 feet Minimum Yard Requirements: (1) Front: 30 feet (2) Side: 30 feet~ with opaque screen approved by the Council (3) Rear: 30 feet~ with opaque screen approved by the Council (4) Distance Between Structures: 20 feet (5) The Town Council may modify the above yard re- quirements within the H-1 overlay district when deemed appropriate in order to maintain the character of the Old and Historic District. (d) Maximum Height: 40 feet; provided, however~ height may be increased at the Council's discretion by one foot for every two feet ofadditional setback up to an absolute maximum height of 50 feet. (e) Minimum Open Space: 30% of lot (1) The Town Council may modify the above open space requirement within the H-1 overlay district when deemed appropriate in order to maintain the character of the old and Historic District. (f) Minimum Recreational Amenities: Multi-family develop- ments containing 20 or more dwellings shall include a minimum of 250 square feet of active recreational space per dwelling unit~ improved with recreational facilities such as swimming pools~ tennis courts; revord4 5/86 0REVI~E ZONING ORDINANCE REGARDING MULTI-FAMILY DWELLINGS (g) and playgrounds. Ail recreational facilities shall be constructed prior to completion of fifty percent (50%) of planned dwellin~ units. Architectural Treatment: Architectural treatment shall avoid massive~ monolithic and repetitive buildin~ types~ facades and setbacks~ and shall be compatible with surroundin~ ~reas. Buildin~ elevations and architectural details sufficient to show compliance with this standard shall be submitted with the final development plan application. (h) Locational Criteria: In addition to the above hei~ht~ bulk and yard requirements the Council shall consider the followin~ factors: (1) Conformance with the Town Plan; (2) Compatibility with adjoining land uses; (3) Access to the site and impact on the adjacent road network; (4) Availability o__f public services includin~ parks and recreational areas; (5) Architectural compatibilty with neighborhoods; (6) Avoiding concentration o__f multi-family units~ (7) Opportunity to buffer apartments from adjoining land uses; and (8) Availability o__f alternative~ more suitable~ locations for multi-family construction. Sec. 8-2-11-11-B Special exception Single-Family Attached and Detached Dwellings and ~wo-Family Dwellings in the B-1 Community Business District and B-2 General Business District. The Council may ~rant a special exception t__o permit sin~le- famil~ attached o__r detached dwellings and two-family dwellings in the B-1 and B-2 District when the followin~ standards are met: (a) Area, Size, Height and Yard Requirements: The proposed use shall satisfy the minimum area~ size~ height and yard requirements of Section 4-3 of this ordinance. (b) Screening. The Council may require the installation of solid o__r vegetative screening along property lines adjacent to a commercial as a condition of approval of the special exception. SECTION VI. The definitiomof open space and multi-family dwelling as presented in Sec. 15-1 of the Zoning Ordinance are amended to read as follows: REVORD5 3/24/86 ~VISE ZONING ORDINAN~ ~GARDING MULTI-F~ILY D~LLINGS Section 15-1-26 Dwelling, Multi-Family. (3~, cou~=~.ti.=i3. A residential structure located on a single zonin~ lot .~,9ntainin~ three or more dwellin~ units. This definition specifically does not include attached single family units. Section 15-1-53 Open Space. b~ildiag~, ......... v ...... ~ lo~. Land area intended t~o provide lisht~ air and space to be designed for aesthetic or recreational purposes, and to be accessible and in reasonable proximity t_~o residents o_~r occupants of the development. Open space shall not include streets~ drives, off-street parkin~ and loadin~ areas~ and areas so located or of such size or shape to have no substan- tial aesthetic or recreational value. SECTION VII. This ordinance shall be in effect upon its passage. PASSED this 28th day of ATTE ST: Clerk of ?uncil May , 1986. Robert E Sev~la, Mayor Town of Leesburg