HomeMy Public PortalAbout1987_08_26_O026 Amending the Zoning OrdinanceLeesBurg in ~v'h'ginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED A,,E,,~¢ 76~ lC}R7
87-0-26 ADOPTED
August 26: 1987
AMENDING THE LEESBURG ZONING ORDINANCE REGARDING THE
ESTABLISHMENT OF ZONING DISTRICTS AND USE REGULATIONS, THE
ESTABLISHMENT OF SIZE AND DIMENSION STANDARDS, AND THE POWERS
AND DUTIES OF THE COUNCIL, BOARDS, COMMISSIONS AND
ADMINISTRATIVE OFFICIALS, ALSO KNOWN AS THE GENERAL
REGULATIONS
WHEREAS, an amendment of the Leesburg Zoning Ordinance to establish new
General Regulations within the Leesburg corporate limits was initiated on
August 27, 1986; and
WHEREAS, the Leesburg Planning Commission held a public hearing on the
proposed General Regulations on November 6, 1986; and
WHEREAS, the Leesburg Planning Commission unanimously recommended
adoption of the General Regulations on May 21, 1987, and
WHEREAS, the Council held a public hearing on the General Regulations
on .July 8, 1987; and
WHEREAS, the Annexation Area Development Policies require the consolida-
tion of Town and County general regulations for the annexation area; and
WHEREAS, the revision and consolidation of the Town general regulations
is necessary to promote public safety and welfare, to facilitate the creation
of a convenient, attractive and harmonious community, and to protect property
values:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is hereby amended by adopting
a new article entitled, "Article iA: Establishment of Districts, Official
Zoning Map and Use Regulations", as contained in the text under this title
submitted to Council on August 21, 1987.
AN ORDINANCE ADOPTING GENERAL REGULATIONS 2
SECTION II. The prior Article 1 of the Leesburg Zoning Ordinance and
prior Article 2 of the Loudoun County Zoning Ordinance, as adopted and
administered by the Town of Leesburg in the annexation area, and all other
prior ordinances in conflict herewith are hereby repealed.
SECTION III. The Leesburg Zoning Ordinance is hereby amended adopting
a new article entitled, "Article lB: Establishment of Zoning District Size and
Dimension Standards"; as contained in the text under this title submitted to
Council on August 21, 1987;
SECTION IV. The prior Sections 2-1 through 2-6; and Section 2-9;
Sections 8-2-1 through 8-2-9; and Section 8-2-10(a) of the Leesburg Zoning
Ordinance; and prior Sections 510 through 520 of the Loudoun County Zoning
Ordinance, as adopted and administered by the Town of Leesburg in the annexa-
tion area; and all other prior ordinances in conflict herewith are hereby
repealed.
SECTION V. The Leesburg Zoning Ordinance is hereby amended adopting a
new article entitled, "Article 10. Town Council, Boards, Commissions and
Administrative Officials; Powers and Duties", as contained in the text under
this title submitted to Council on August 21, 1987.
SECTION VI. The prior Section 9-4 and Article 10 of the Leesburg
Zoning Ordinance; prior Article 11 of the Loudoun County Zoning Ordinance,
as adopted and administered by the Town of Leesburg in the annexation area;
and all other prior ordinances in conflict herewith are hereby repealed.
AN ORDINANCE ADOPTING GENERAL REGULATIONS 3
SECTION VII. Severability. If any portion of these amendments is
declared invalid by a court of competent jurisdiction, the decision shall not
affect the validity of the amendments as a whole or of any remaining pro-
vision of the Leesburg Zoning Ordinance.
SECTION VIII.
PASSED this 26th
ATTEST:
Clerk of ~ncil
This ordinance shall be in effect upon its passage.
day of Au~,,.~ , 1987.
Robert E. Se~ila, Mayor
Town of Leesburg
L
eesourg in ~Zirginia
TO MAYOR AND COUNCIL
RE AMENDMENTS TO GENERAL REGULATIONS
August 20, 1987
The attached legislation represents the latest version of tho Zoning
Ordinance General Regulations to reflect Council comments made last: Tuesday
evening. Numbered Council comments are summarized in bold below, followed
in each instance by a staff response describing how the regulations were
amended to address the specific comment.
1. Section 1l-2(b)(2)--Oistrict Boundaries Dividing Parcels of
Land--Concerns were raised that this provision could result in the rezoning
ofcertain properties which is not the intention or purpose of the General
Regulations.
Response--The staff agrees that this language wiI1 creat~ some
difficulties and is superfluous to the interpretation of district
boundaries, and, therefore, should be deleted.
2. Section 1A-2(b)(3)--Street and Right-of-Way Abandonnmnts---
Council questioned whether street vacations night resnlt in the rezoning of
land in some instances.
Response--This language does pose a problem because the vacation of
right-of-way does not automatically convey ownership to the adjacent
property owner. Ail lands and even waterways are zoned in the town, so the
vacation of public right-of-way does not affect the ,mderly~ng zone. This
language has been deleted.
3. Section 1B-3--Haxinmm Residential Density--Concerns were
expressed regarding the definition of maximum density and its consistency
AMENDMENTS TO GENERAL REGULATIONS 2
with our Annexation Area Development Policy density regulations as well as
our plmnned development regulations.
Response--Revised language is included in the regulations t~ ~nsure
consistency among all three documents, so that gross density does oxclude
floodplain and non-residential land uses from the amount of ]~nd used
to calculate density. Public rights-of-way for streets of ~]] types are
included when computing gross residential density. Finally, refor~nce is
made to distinguish the specialized density provisions related ho
floodway fringe within the planned development ordinance.
4. Section 1B-4(d)--Non-conforming Lots of Record--There was some
Council concern that homeowners residingnext to improved non-conforming
lots should be protected from further encroachment from their neighbors'
building additions to the principal structure that would violate the
existing side yard requirements of the district.
Response--Language has been incorporated in the revised ordinance to
apply the side yard reduction permitted for non-conforming lots (ten
percent of lot width or five feet) to unimproved non-conforming lot~,
only.
5. Section 1B-4(f)(1)--Minimum size of pipestem lots--Council
suggested adding an absolute minimum lot size for pipestem lots o~ '13,000
square feet.
Response--Language has been added to this effect.
6. Section ]B-5(c)(1)--Accessory Structures--Council expressed
concern that the separation of principal structures and accessory
structures be increased from the six feet suggested in the previous version
of the regulations.
AMENDMENTS TO GENERAL REGULATIONS 3
Response--A separation of ten feet is now recommended as a reasonable
compromise to assure that the dual objectives of safety and reasonable
use of private property are achieved. A distance of ~5 feet, for example,
would make the construction of detached garages in rear yards d~F~cult in
many conventional 10,000-12,000 square foot lots within Leesburg. This may
not be a significant provision that will affect a large number a£
properties, because few permits for detached large accessory str,ctures,
(e.g., garages) are approved each year.
7. Section 1B-9--Hini~u~ Public Street Frontage Requir~n~:---Does
the language included in this section conflict with the To~n's S~bdJvision
and Land Development Regulations with respect to pipeste~s?
Response--Section 13-75(d) of the Town's Subdivision and [,and
Development Regulations now provides that the minimum width of ~ho stem of
a pipestem lot shall be 20 feet (or less if a shared driveway). This
required width must abut a street for purposes of providing vehicular,
pedestrian, and utility access, according to the Subdivision and [,and
Development Regulations. The sentence, "Individual zoning d~stric~s may
specify the amount of street frontage required," however, i.s s~perf]uous
and is therefore deleted. The remaining language has also been clarified.
This last round of Council suggestions to improv~ the General
Regulations has been very productive, and these latest concerns have been
incorporated in the attached ordinance.
Regulations is now recommended.
Council adoption mf tb~ G~neral
Dir. Planning, Zoning & Day.
DP. AFI'IRTICI~ 1. ~F, NERALR~GULtTION$
ARTICLE lA. ESTABLISHMENT OF DISTRICTS, OFFICIAL ZONING MAP AND USE
REGULATIONS
Section lA-1 ESTABLISHMENT OF DISTRICTS.
In order to classify, regulate and restrict the use of land, water,
buildings, and structures; to regulate and restrict the height and bulk of
buildings; to regulate the area of yards and other open spaces about
buildings; and to regulate the intensity of land uses. the Town of Leesburg
is divided into districts as follows:
(a)
Residential Districts.
(1) R-1 Residential District (single-family)
(2) R-2 Residential District (general residential)
(3) R-3 Residential District (townhouse)
(4) R-4 Residential District (multi-family)
(5) R-5 Residential District (mobile home)
(6) PRN Planned Residential Neighborhood
(7) PRC Planned Residential Community
(8) County A-3 (agricultural/residential)
(9) County R-1 (single-family)
(10) County R-2 (single-family)
(11) County R-4 (single-family)
(12) County PDH-30 Planned Development (planned development housing)
(b)
Commercial Districts.
(1) M-C Medical-Hospital Center District
(2) B-1 Community Business
(3) B-2 General Business District
(4) County C-1 Commercial
(5) County PD-CH Planned Development-Commercial Highway
(c)
Industrial Districts.
(1) M-1 Industrial District
(2) PEC Planned Employment Center
(3) County PD-GI Planned Development-General Industrial
(4) County PD-IP Planned Development-Industrial Park
(d) Special Purpose Districts.
(1) F-1 Floodplain Districts
(2) H-1 Historic District
Section lA-2 OFFICIAL ZONING MAP.
(a) Establishment of Official ZoninK Map.
The boundaries of all zoning districts are hereby f~xed and
GENEIIALREGULATIONS 2
(b)
established as shown in the accompanying Official Zoning Map. This
Official Zoning Map shall be maintained in the office of th~ Zoning
Administrator. The Official Zoning Map shall be revised fn accordance
with Section lA-3, consistent with rezonings approved by the Town
Council. The Official Zoning Map shall also indicate whether or not
there are proffered conditions associated with specific prop~rt'ies as
a result of a rezoning.
Interpretation of District Boundaries.
The boundaries of the various districts as shown on the
Zoning Map shall be determined by the boundaries as shown and outlined
thereon, or as may be indicated on a plat accompanying the rezoning.
The Zoning Administrator shall interpret such information ~n order to
determine zoning district boundaries. Where uncertaJ, nty exists as to
the exact location of said boundaries, the following rules ~ha]l apply:
(1) Center Line as Boundaries. Where district boundaries ]i~ on or
within streets, highways, road rights-of-way or pub].fc wmter
bodies, the district boundaries shall be th.~ center ]~n~ o¢ the
same.
(2) Excluded Areas. It is the intent of this Ordinance thmt the
entire incorporated area of the Town of Leesburg, including all
land, water areas, and waterways be included ~n the Zom~ng
districts established by this Ordinance. Any area not shown on
the Official Zoning Map as being included in any district shall be
deemed to be in the A-3 Agricultural Residential Distr~ct.
(3) Action in Case of Uncertainty. In case any further uncertainty
exists, the Board of Zoning Appeals shall interpret the ~ntent of
the district map as to location of such boundaries.
Section lA-3 AMENDMENT OF OFFICIAL ZONING MAP.
No changes or amendments to the Official Zoning Map shall be adopted,
except in compliance and conformity with all procedures and requirements of
this Ordinance. If, in accordance with procedures of this OrdJ. nmnce,
changes are made in district boundaries or other such information portrayed
on the Official Zoning Map, such changes shall be made by the Zoning
Administrator after adoption of the amendment. It shall be un]~w~u] for
any person to make any unauthorized change in the Official Zoning Map.
Section lA-4 ESTABLISHMENT OF USE CATEGORIES.
(a)
Use Categories, Generally.
In order to implement the purpose and intent and provisions of this
Ordinance, the following general use categories are b~reby ~tablished:
(1) Agricultural Uses
(2) Residential Uses
(3) Institutional and Community Service Uses
6'ENE~LI~GULATIONS 3
(b)
(4) Recreational Uses
(5) Commercial Uses
(6) Industrial Uses
(7) Utility Uses
Designation of Specific Uses by Use CateRor¥ and Sub-Categpry.
The use categories established above may be divided into vmrious use
sub-categories and shall comprise the various specific uses ~s set
forth in the zoning districts.
Section lA-5 PERMITTED USES.
(a)
Permitted Uses, Generally.
It is the intent of this Ordinance to permit any use, not otherwise
illegal, to be located in a specified zoning district, either as a
permitted use, conditionally permitted use, or special excap~ion use.
(b)
Permitted Uses, Specifically.
No principal use shall be allowed, nor shall any principal structure
be erected, constructed, reconstructed or structurally altared unless
the use or structure is listed in the Permitted Use section of the
applicable zoning district, and further that the use fully complies
with all of the applicable district regulations, except for
nonconformities as provided in this Ordinance.
Section lA-6 CONDITIONALLY PERMITTED USES.
(a)
New Conditionally Permitted Uses.
It is the intent of this Ordinance to allow conditionally permitted
uses in the appropriate zoning district, provided the critaria
established for such uses are satisfied.
(b)
Existin~ Conditionally Permitted Uses.
Any use which legally existed prior to the effective date of ~bis
Ordinance and which is classified as a conditionally permitted use
within any zoning district under the provisions of this Ord~unnce
shall hereafter be considered a permitted use, but shall only be
altered, replaced or enlarged in compliance with the procadnres and
criteria for such a conditionally permitted use.
Section lA-7 SPECIAL EXCEPTION USES.
(a)
New Special Exception Uses.
No special exception use, as designated within this Ordinance, shall
hereafter be established unless such use has been revfew~d mud
approved in compliance with the standards and proceduras o~ th'is
Ordinance.
(b) Existing Special Exception Uses.
GENE~ALREGNJLATIONS 4
Any use which legally existed prior to the effective date of th5s
Ordinance and which is classified as a special exception uso shall
hereafter be considered a permitted use, but shall only be altered,
replaced or enlarged in compliance with the procedures and criteria
for such special exception use.
Section lA-8 UNLISTED USES
(a)
Uses Not Specifically Listed.
In the event there is not a particular use listed in the Zoning
Ordinance which describes a specific land use, the Zoning
Administrator shall make an interpretation of the Ordinance regarding
the use and whether it is a permitted use, conditionally permi, tted
use, special exception use, or prohibited use within varion~ zoning
districts.
(b)
Criteria for Reviewing Uses Not Listed.
The Zoning Administrator shall consider among other relevant matters,
traffic generation, intensity of development and hours of operation of
the proposed use in comparison to specifically named uses within the
Ordinance and any applicable criteria set forth in the Town Plan. The
Zoning Administrator may, after review of the criteria herein set
forth, determine that certain uses are prohibited uses and shall, not
be allowed in any zoning district. In the event that any use is
determined to be a prohibited use, a record of the reasons given for
that decision shall be kept on file and shall be used as a guideline
for subsequent use determinations.
(c)
Appeals of Decisions Regarding Unlisted Uses.
Decisions of the Zoning Administrator regarding use interpratatJons
may be appealed to the Board of Zoning Appeals.
Section lA-9 PROHIBITED USES
(a)
Uses Prohibited in all Districts.
The following uses are prohibited in all zoning districts within the
Town of Leesburg:
(1) Abatoirs and/or rendering plants
(2) Automobile auctions
(3) Automobile graveyards
(b)
Uses Prohibited in Certain Districts.
In addition to those uses which are prohibited in all districts, other
uses may be prohibited specifically or by inference in individual
zoning districts. Such prohibited uses shall be established within
the district regulations of this Ordinance.
Section IA-10 EXISTING USES: CONTINUANCE OF USE
GENERAL RE6'ULATIONS 5
Any land or structure, or the use thereof, lawfully existing at the time of
enactment or subsequent amendment of this Ordinance, but not ~n conformity
with its provisions, may be continued except as specJfics]]y restricted by
the provisions of this Ordinance.
Section IA-Ii
ORDINANCE.
ANNEXATIONS: APPLICABILITY OF LOUDOUN COUNTY ZONING
The Zoning Ordinance of Loudoun County, as effective on November 23, 1983,
and as amended by the Town Council subsequent to that date, is made $ part
of this Ordinance by reference as if fully setout herein to provide
temporary zoning regulations applicable only to property which may be
annexed or otherwise added to the incorporated area of the town pending the
orderly amendment of the Leesburg Zoning Ordinance following such
annexation or addition. Ail property annexed or otherwise added to the
incorporated area of the town shall be automatically classified under the
Zoning Ordinance of Loudoun County as adopted herein and shall be governed
by the provisions of the Zoning Ordinance of Loudoun County inc],dJng any
existing proffered conditions. Whenever reference is made to a particular
officer, department, board, commission or other agency in the Zoning
Ordinance of Loudoun County adopted herein, such reference shall be
construed as referring to the comparable officer, department, board,
commission or other agency of the town. Fees to be charged for
applications for Zoning District Map pertaining to ali. property annexed or
otherwise added to the incorporated area of the town shall be ss setout in
the Leesburg Zoning Ordinance.
ARTICLE lB ESTABLISHMENT OF ZONING DISTRICT SIZE AND DIMENSION STANDARDS
Section lB-1 SIZE AND DIMENSION STANDARDS, GENERALLY
(a) Establishment of Standards.
In order to carry out the purpose and intent of this zoning
Ordinance, size and dimension standards for part~cu]sr zoning
districts are hereby established.
(b) Application of Standards.
The size and dimensions established by this Ordinance within
particular zoning districts shall be minimum or maximum
limitations, as appropriate to the case, and sha]] app].y ,nJformly
to each class or kind of structure or parcel of ]and, except as
specifically provided herein. Where this Ordinance imposes
greater restrictions upon the use of a structure or pmrc~] of land
than are imposed on such uses by any other town regu]m~on or
Ordinance, the provisions of this Ordinance sb~]] preva~].
(c) Use, Occupancy and Construction.
No building, structure of parcel of land shall hereafter be used
or occupied, and no building or structure or part thereof shall
hereafter be constructed, except in conformance with ~]] size and
dimension standards for the district in which it is located.
GENgRALRgGUL~TIONS 6
(d) Requirements for One Use Not to be Used for Another.
No part of a yard, open space area, or lot area required in
connection with any building or use for the purpose of complying
with this Ordinance shall be included as part of a yard, open
space or lot area similarly required for any other building or
use, unless so authorized by this Ordinance.
(e) Variances.
Variances from these standards, excluding the maximum der~sity and
floor area ratio (FAR) limitations, may be granted by the Board of
Zoning Appeals pursuant to the procedures and criter~ of this
Ordinance.
Section lB-2 MINIMUM DISTRICT SIZE
(a) Generally.
Where a minimum district size is specified for a given zoning
district, no parcel of lesser size shall be so classified in any
location in the town except by the Town Council acting on a
rezoning application of its own initiation. Additionm] contiguous
land may be rezoned to such classification if such an addition
complies with any minimum standards established for enlarging the
zoning district.
(b) If No Minimum District Size.
Where no minimum district size is specified, the minimum lot area
and lot width requirements shall define the minimum district size.
Section lB-3 MAXIMUM RESIDENTIAL DENSITY
In no instance shall the maximum residential density specified for a
given zoning district be exceeded in the approval of any development,
except as specifically authorized in this Ordinance. Maximum density
shall be expressed as the number of dwelling units divided by the
gross area of the development less area within the 100-year
floodplain or area devoted to non-residential uses, unless
otherwise authorized by the zoning ordinance or planned development
ordinance and provided all other applicable town regulations are met.
In the determination of the maximum number of un,ts to be mi]owed, the
permitted number shall be made proportional to any fract{oD of an
acre(s) that is a part of the development.
Section lB-4 MINIMUM LOT REQUIREMENTS
(a) Generally.
Except as may be specifically permitted by the provisions of this
Ordinance, no structure or part thereof shall hereafter be
constructed or moved on a lot which does not meet ali of the
minimum lot area and dimension requirements established for the
zoning district in which the structure is or is to be located.
G~NF. RALRR~3LATIONS 7
(b) Applicability to Ail Uses.
Unless otherwise specified in this Ordinance, ali permi, tted uses,
all conditionally permitted uses and all special exception uses
shall be subject to the lot size requirements specified for a
given district unless other minimum lot requirements are
established for such uses elsewhere in this Ordinance.
(c) Creation of New Lots.
No lot existing at the effective date of this Ordinance shall
thereafter be reduced in size, dimension, or area below the
minimum requirements set out herein, except by reason of a portion
being acquired for public use in any manner, including dedication,
condemnation, purchase, and the like. Lots created after the
effective date of this Ordinance shall meet the m~nimum standards
established herein.
(d) Nonconforming Lots of Record.
Any unimproved lot of record at the time of enactment of this
Ordinance which does not satisfy the lot width or ares
requirements prescribed for the zoning district may be used for a
single-family detached dwelling within any residential zoning
district, and any permitted use within any non-residentia]
zoning district; provided, however, that required side yards shall
be reduced to no less than 10% of the lot width or five Feet,
whichever is greater, and all other applicable Ordinanc~
regulations are satisfied.
(e) Structure Built on Two Lots.
A single building constructed on a site consisting of two lots
must be located either within the required setback from the common
or center lot line, or the building must be constructed on both
lots. Any person wishing to build a structure on two lots must
provide legal assurance, approved by the Zoning Administrator,
which demonstrates unity of title for both lots. Prior to
issuance of a zoning permit for a structure built on two lots,
either a plat of vacation or boundary line adjustment plat shall
be submitted for signature and recordation which locates the
structure on a single lot in compliance with these zoning
regulations.
(f) Pipestem and Irregular Lots.
(1)
Minimum Size of Pipestem Lots
Pipestem lots may be created as authorized ~n the
Subdivision and Land Development Regulations, provided all
such lots, exclusive of the stem portion, are a minimum of
thirty (30) percent larger than the minimum lot size required
for the zoning district or 13,000 square feet, whichever is
greater. The stem portion of the lot shall be deemed to be
that portion of the lot which connects to a pub]Jo street or
approved private street, and which does not meet th~ minimum
lot width requirements of this Ordinance.
(2) Additional Use Limitations and Standards
GENERAL I~GUI~TIONS 8
Principal and accessory structures on pipestem lots which
have been created as authorized by the Subdivision and Land
Development Regulations shall be located within the
building restriction lines shown on the final plat of the
subdivision in which the lot is located, or the yard
requirements of this Ordinance, whichever is more
restrictive. Required off-street parking for uses located
on a pipestem lot shall not be located on the stem portion
of the lot or common driveway serving more than one lot.
Required off-street parking on pipestem lots shall be
connected to a public street by a driveway with a minimum
pavement width of 14 feet for driveways serving ] or 2 lots,
and 18 feet for those serving 3 or more lots, and shall be
paved in compliance with the standards within the Leesburg
Public Facilities Manual.
(g) Measurement of Lot Width
The minimum lot width shall be measured at right angle to fts
depth along a straight line parallel to the front lot ]~ne at the
required front and rear setback lines, or building restriction
lines. For pipestem lots approved by the town, the m~nimum lot
width shall be measured at the building lines approved on the
final plat. No portion of the lot between the front 8nd rear
setback line shall be less than the minimum lot width requirement
for the zoning district.
Section lB-5 MINIMUM YARD REQUIREMENTS
(a) Generally.
Except as may be qualified by the provisions of this Ordinance, no
structure or part thereof, shall hereafter be built or moved on a
lot which does not meet all of the minimum yard requirements
established for the zoning district in which the structure is
located. Nothing within these regulations shall prohibit the
establishment of building restriction lines which exceed the
requirements of these zoning regulations
(b) Required Yards for Corner Lots.
Corner lots shall maintain a front yard, as established for the
respective zoning district, on each public or pr~.vate street
frontage; and no accessory building shall be permitted w~thin any
front yard. On a narrow lot of record which existed prior to the
adoption of this Ordinance, the front yard for the longest lot
line abutting a street may be reduced as provided herein.
(c) Extensions into Required Yards.
The following uses and structures shall be permitted to be located
within required yards, subject to the limitations established
herein. No structure may be erected over a public right-of-way or
easement, except as permitted in the Town Code.
1. Accessory Structures. Accessory structures whJ. ch are
OENI~RAL I~O0'J~TI ONS 9
customarily incidental and subordinate to the principal
structure or use on the property, and are separated from the
principal structure by a minimum of ten (10) feet, may be
erected within a required side or rear yard, provided such
accessory structures are located a minimum of five feet from
the property line for single-family detached residences and
a minimum of three feet from the property line for ~].]. other
residential uses. No accessory structure within a
residential district shall exceed 20 feet in height.
Non-residential uses shall locate all accessory
structures, other than signs, within the required side or
rear building setback lines.
Air Conditioners and Similar Equipment. Air conditioning
equipment, heat pumps and similar mechanical equipment may
not project more than three (3) feet into any required side
or rear yard but no closer than five (5) feet to any lot
line. Notwithstanding, window air conditioning un,ts may not
project more than eighteen (18) inches into ~ required yard.
Architectural Features and Structural Overhan~s.
Cornices, awnings, eaves, gutters or other similar structural
overhangs at least eight (8) feet above grade may extend up
to three feet into any required yard.
Balconies, Chimneys, Porches, Bay Windows~ Steps and
Landings. Balconies, chimneys, porches, bay windows, steps
and landings which comprise less than one-third of the
length of the wall may project up to three feet into a
required yard, but no closer than five (5) feet to any lot
line.
Decks and Patios. Uncovered decks and patios, which are
attached to the principal structure and are not more than
three (3) feet above grade on the lot may extend into a
required side or rear yard to within five (5) feet of the
property line for single-family detached residences and
three (3) feet of the side or rear property line for all
other residential uses.
Fences, Walls and Hedges. Fences, wails and hedges may be
located within required yards subject to the fo]]owfng
limitations.
((a)) Front yard. Fences, walls and hedges not
exceeding 42 inches in height may be erected Jn the
front yard of any lot. For residential uses,
landscaping and decorative wooden or iron or
masonry fences which exceed 42 inches in height may be
located within a required front yard provided such
fences and landscaping do not obstruct visibility
at street or driveway intersections. In no case
shall a fence in the front yard of a residential
district exceed six (6) feet in height.
GENERAL RE~JLATIONS
((b))
Side and Rear Yard. Fences in residential
districts shall be limited to a maximum height of six
(6) feet when located in a side or rear yard; except
when abutting a non-residential district or use, in
which case such fences may be eight feet (8) in
height. Fences in non-residential districts, when
located in side or rear yards shall be limited to
eight (8) feet in height.
((c))
Prohibited Walls and Fences; Residential Districts.
No barbed wire, electrical elements, or other
hazardous materials shall be maintained as a fence
or part of a fence or wall in a residential district.
Fire Escapes and Outside Stairways. Unenclosed stairways
and fire escapes may extend up to four and one-half feet
(54 inches) into a required yard, but shall be no closer than
five (5) feet to the property line.
10.
Satellite Dish Antennae. Notwithstanding any other
restrictions within this Ordinance, all satellite dfsh
antennae within single-family detached and attached
residential districts shall be limited to one per lot, shall
be ground mounted and shall be permitted within rear yards
only, provided such antennae do not exceed 10 feet in
diameter, nor 15 feet in height.
Satellite dish antennae in multi-family and
non-residential districts shall be ground mounted and shall
be located within the rear yard unless it is found that a
useable signal cannot be obtained from a rear yard location.
Ail satellite dish antennae exceeding 10 square feet in area
shall be screened from view at ground level from any public
street or residential use. No multi-family or
non-residential satellite dish antenna shall exceed the
height limitations of the zoning district.
No portion of any such antennae shall be located w~thin ten
(10) feet of any property line or the height of the proposed
dish antennae, whichever distance is greater.
Swimming Pools and Related Structures. No swimming pool,
pool deck or related structure, whether constructed above
ground or in the ground, shall be located within ]0 feet of
any property line. Swimming pools shall not be permitted
within front yards.
Utility Equipment and Public Safety. Fire hydrants,
transformers and related utility and public safety equipment
may be located within any required yard, as authorized by
this Ordinance and the Subdivision and Land Development
Regulations; provided, however, that transformers shall not
~ENEI~LREOUI~TIONS
be located in the front yard of any single-family
residential district.
11.
Other Structures. Trellises and trelliswork, play
equipment, wires, outdoor furniture, mailboxes, ornamental
entry columns and gates are allowed within required yards, so
long as not deemed a sight distance or safety hazards by the
Zoning Administrator.
(d) Reduction of Front Yard Requirement in Historic District.
New or expanded developments within the H-1 Historic District may
be located closer to the street frontage than otherwise
authorized by the underlying zoning district, up to the average
setback of existing buildings (including any covered or enclosed
portions of such structures) which abut the property along the
street frontage, when recommended by the Board of Architectural
Review, and when the Zoning Administrator determines that such
development will not interfere with necessary public ~mprovements
and will not pose a safety hazard.
(e) Additional Setback Requirements from Certain Streets.
In addition to those yard requirements established for zoning
districts, the setback requirements established herein for certain
public streets within the Town of Leesburg shall also be
applicable. In case of conflict with other provisions of this
Ordinance, the greater setback requirement shall prevail.
Implement East Market Street Design Study
To implement the recommendations of the East Market Street
Design Study and the Town Plan, the following setbacks shall
be required:
((a)) East Market Street, from the intersection with
East Loudoun Street to the intersection with
Catoctin Circle: 70 feet from the center]~ne of
the right-of-way.
((b))
East Market Street, from the intersection w~th
Catoctin Circle to the intersection with Fort
Evans Road: 80 feet from the center]ine of the
right-of-way.
((c))
East Market Street, from the intersection with
Fort Evans Road to the intersection with the Route
7/15 Bypass: 100 feet from the center]ine of the
right-of-way.
Other Increased Setbacks:
((a)) Route 7, East of the Route 7/15 Bypass:
from the right-of-way line.
100 feet
((b)) Route 15, South of the Route 7/15 Bypass: 100
feet from the right-of-way line.
GENE~LREGULATIONS ~.~
Section lB-6 Maximum HeiRht, Generally.
(a) Maximum Height, Generally.
Except as may be specifically provided by this Ordinance the
maximum height specified for the individual zoning distr~cts shall
apply to all structures located within the district.
(b) Structures Excluded from Maximum Height Limitations.
The maximum height limitations established within this Ordinance
shall not apply to the following structures:
1. barns, silos, windmills and related agricultural structures;
water towers, fire and observation towers, aircraft
control towers, and navigational aids;
chimneys, church spires, belfries, and governmental
monuments;
elevator towers, air-conditioning units and related
mechanical structures when completely screened from the view
of public rights-of-way and adjoining properties, such
screening to be an integral architectural design element of
the building;
parapet walls extending no more than four feet above the
maximum height limit;
residential antennae attached to the principal structure,
not including satellite dish antennae, up to a maximum height
of 10 feet above the height of the structure; and
radio, television and utility transmission and receiving
antennae, when authorized by the Council under Section
1B-6(d) below.
(c) Aviation Hazards; Additional Height Limitations.
No structure shall be permitted within the vicinity of the
Leesburg Municipal Airport or any other airfield which would
encroach into any airport approach or departure path, established
in accordance with Federal Aviation Administration cr~t~r~m.
(d) HeiKht Increases by Special Exception.
When specifically authorized by this Ordinance, the Town Council
may allow by special exception height increases for certain
structures which exceed the limits established for the Zoning
District. The Town Council shall review such requests ~n
compliance with the procedures and criteria of th~s Ordinance.
GENERAL REGULATIONS
Section lB-7 MAXIMUM LOT COVERAGE
Except as otherwise specifically provided in this Ordinance, maximum lot
coverage standards, where specified for certain zoning districts, shall be
construed to include that portion of a lot occupied by buildings or
structures which are roofed or otherwise not open to the sky and which are
greater than three feet in height.
Section lB-8 MINIMUM OPEN SPACE
Except as otherwise specifically provided in this Ordinance, the open space
requirements for a given zoning district shall be considered as a minimum
and shall be located on the same lot as the principal use of the property.
Section lB-9 MINIMUM PUBLIC STREET FRONTAGE REOUIREMENT
Ail dwelling units, except for farm dwellings and employee's quarters,
shall be located on a lot with frontage on a public street or approved
private street.
Section lB-10 MAXIMUM FLOOR AREA RATIO
No new buildings shall be permitted to be erected which, either
individually or in combination with other buildings, exceed the maximum
floor area ratio for the lot upon which such buildings are to be located.
The floor area ratio shall be derived by dividing the gross floor area of
all buildings on a lot by the area of the lot.
ARTICLE 10 TOWN COUNCIL, BOARDS, COMMISSIONS
AND ADMINISTRATIVE OFFICIALS; POWERS AND DUTIES
Section 10-1 PURPOSE AND INTENT
The purpose of this article is to summarize the powers and duties of the
various elected and appointed officials of the Town of Leesburg as they
relate to the enactment, enforcement and amendment of this zoning Ordinance.
Section 10-2 TOWN COUNCIL
The Council of the Town of Leesburg in Virginia shall, under tbes~ zoning
Ordinance regulations, have the following powers and duties:
G'~NF~ AT. REGUT~TIONS 14
bo
do
To initiate, consider, and make final decisions upon proposed
amendments to these zoning Ordinance regulations;
To initiate, consider and make final decisions upon proposed
amendments to the Official Zoning Map, including amendments to
proffered conditions;
To consider and make decisions regarding special exception uses,
as specified by this Ordinance.
To establish fees, charges and other expenses imposed by this
Ordinance;
e. To appoint members of the Planning Commission, Board of
Architectural Review and any other board or commission as now or
may be required by the Zoning Ordinance; and
f. To take all other steps necessary, including appropriate
administrative and legal actions, in order to ensure tha
enforcement of these zoning regulations.
Section 10-3 PLANNING COMMISSION
(a) Establishment~ Consistency with Town Code.
The Planning Commission of the Town of Leesburg in Virginia shall
be established and hold regular meetings in compliance with
Chapter 13 of the Town Code of Leesburg.
(b) Powers and Duties.
In addition to those powers and duties established for the
Leesburg Planning Commission in the Town Code, the Commission
shall have the following duties and responsibilities:
Prepare Ordinance.
To prepare and recommend ordinances and amendments to
ordinances which are designed to promote orderly development
and implement the Town Plan.
Recommendations Regarding Rezonings.
To consider whether or not proposed zoning map amendments and
proffered condition amendments are consistent with the
overall goals and objectives of the Town Plan, and to make
recommendations regarding all such amendments to the Town
Council.
Recommendations Regarding Special Exception Uses.
To receive, hear, and investigate petitions for special
exception uses under this Ordinance and, if the facts and
conditions required by this Ordinance for the approval of
such uses are found to be present, to recommend to the Town
Council that the petition be granted.
Conduct Public Hearings.
To conduct such public hearings as may be required to gather
information for the drafting, establishment and maintenance
of the various components of the Town Plan, and such
GgNF. RALIIEGULATIONS
additional public hearings as are specified under the
provisions of this Ordinance.
Commission Permits.
To issue commission permits for streets, parks or other
public areas, public building or public service corporation
facility other than railroad facilities, whenever such public
facility to area is not identified within the adopted Town
Plan, pursuant to the procedures of Sec. 15.1-456 of the
Code of Virginia, as amended.
Form Committees.
The Planning Commission shall appoint committees to deal with
matters relating to the duties of the Commission, as
authorized by Chapter 13 of the Town Code.
Authority to Employ Staff and Consultants.
Within the limits of funds generally appropriated for the
performance of its duties, the Planning Commission may obtain
the services of qualified persons to advise and assist the
Commission, and may obtain the equipment, supplies and other
material necessary to its effective operation.
Authority to Request Information.
The Planning Commission shall have the authority to request
and receive information, cooperation, assistance, or studies
from any town departments, boards, agencies or commissions.
Other.
To perform any other duties which may be lawfully assigned to
it.
Section 10-4 BOARD OF ARCHITECTURAL REVIEW
(a) Establishment of Board of Architectural Review
For the purposes of making effective the provisions of the
Historic District Regulations in this Ordinance, a Board of
Architectural Review is hereby established, as authorized ~n the
Town Code.
(b) Members, Compositions and Terms.
The Board shall consist of seven members appointed by the Mayor
and Town Council. One Board member shall be appointed from the
Town Council and one shall be appointed from the Planning
Commission. Effective July 1, 1985, the term of office for
members shall be three years, except that the term of the Council
member and Planning Commission member shall correspond to their
official tenure of office. Members may be reappointed to succeed
themselves.
(c) Required Qualifications.
Where qualified and acceptable candidates are available, one
member of the Board shall be a member of the American Institute of
Architects with a demonstrated interest in historic preservation,
and a majority of Board members shall have professional training
or equivalent experience in history, architectural history,
archaeology, or planning. Ail persons hereinafter newly appointed
GENEI~LP. Ef~JI.~TIONS 1~
to the Board shall be bona fide residents of the Town of
Leesburg and shall have a demonstrated interest Jn and knowledge
of the history of the community.
(d) Election of Officers.
The Board of Architectural Review shall elect its Chairman and
Vice-Chairman from its membership, and the Director of Planning,
Zoning and Development or his designate shall be its secretary.
(e) Procedure for Meeting.
The chairman shall conduct the meeting of the Board. In his
absence the vice-chairman shall preside. The secretary shall
keep minutes of the meetings and permanent record of
resolutions, motions, transactions and determinations. All
members of the Board shall be entitled to vote, and the decisions
of the Board shall be determined by a majority vote of those
members present and voting. A quorum of four members present is
required before the Board may take any official action.
(f) Powers and Duties.
The powers and duties of the Board of Architectural Review shall
be as follows:
(1) review of and decision upon exterior alterations to or
relocation of all structures (including buildings, bridges,
signs, fences, walls, and monuments) or sites within the
boundaries established by this Ordinance.
(2) review of and decision upon any proposed demolition within
the boundaries established by the Ordinance.
(3) review of and decision upon all proposed new construction
within the boundaries established by the Ordinance.
(4) review of and decision upon any proposed relocation of a
structure within the boundaries established by the Ordinance.
(s)
establish and maintain a list of structures, sites and areas
having a special historical, architectural or aesthetic
interest of value.
(~)
make recommendations to the Town Council regarding the
designation of individual sites for inclusion in the Historic
District, or establishment of a new district or ]andmmrk site.
(7) submit an annual report of its activities and decJ.sions to
the Mayor and Town Council.
(g) Rules of Procedure.
In matters covering the procedure for meetings not covered by this
article (e.g., schedules for regular periodic meetings), the Board
may establish its own rules, provided they are not contrary to the
spirit of this article.
(h) BAR's Authority To Employ Staff and Consultants.
GENERAL REGULATIONS
Within the limits of funds appropriated generally for the
performance of its work, the Board may obtain the services of
qualified persons to advise and assist the Board and may obtain
the equipment, supplies and other material necessary to ~ts
effective operation.
(i) Records of Meetings.
A record shall be kept of pertinent information presented at all
public meetings and of all decisions by the Board.
(j) BAR's Authority to Request Information.
In accordance with the powers, duties, and responsibilities
imposed on the Board by this Ordinance, the BAR shall have the
power and authority to request and receive any appropriate
information, cooperation, assistance, or studies from any town
departments, board, agencies, or commissions.
Section 10-5 BOARD OF ZONING APPEALS
(a) Establishment of Board of Zoning Appeals.
The Board of Zoning Appeals shall, immediately following the
adoption of this Ordinance, organize by electing a chairman from
among its membership and may appoint the Zoning Administrator as
secretary, and such general powers and duties as are provided for
in this Ordinance and under Title 15, Chapter 24, Article ] of the
1950 Code of Virginia, as amended.
(b) Powers and Duties.
In accordance with Title 15, Chapter 24, Article 1 of the Code of
Virginia, as amended, the powers and duties of the Board shall be
as follows:
Administrative Review. The Board shall have the power to
hear and decide appeals when it is alleged there ~s error in
any order, requirement decision, or determination made by a
administrative official in the enforcement of this Ordinance.
Review Variance Requests. The Board shall have the power
to authorize upon appeal in special cases such variance from
certain terms of this Ordinance, which will not be contrary
to the public interest, when owing to special conditions a
literal enforcement of the provisions of this Ordinance will
result in unnecessary hardship and so that the spirit of the
Ordinance shall be observed and substantial justJ, ce done, as
follows:
((a))
Extraordinary Site Conditions.
Where by reason of exceptional narrowness,
shallowness, or shape of a specific piece
of property at the time of enactment of this
Ordinance, or by reason of exceptional topographic
GENERALREGULATIONS ]8
conditions, or other extraordinary and exceptional
situation or condition of such piece of property, the
strict application of any provisions of th~s Ordinance
would result in peculiar and exceptional practical
difficulties or exceptional and undue hardship upon
the owner of such property, the Board shall have the
power to authorize, upon appeal, a variance from
such strict application, so as to relieve such
difficulties or hardships provided such relief may be
granted without substantial detriment to the public
good and without substantially impairing the intent
and purposes of this Ordinance.
((b))
Ordinance Amendment Not Appropriate.
No variance shall be authorized unless the
Board specifically finds that the condition or
situation of the specific piece of property for which
the variance is sought is not of so typical or
recurring a nature as to make reasonably practicable
the formulation of a general regulation for such
conditions or situations, by amendment of this
Ordinance as herein provided.
((c))
Conditional Approval.
In granting a variance the Board may attach thereto
such conditions regarding the location, character
and other features of the proposed building, structure
of use as it may deem advisable in the interest of
furthering the purpose of this Ordinance.
Appeal of Interpretation of Official ZoninK Map. The Board
shall have the power to hear and decide any application for
an appeal of an interpretation of the Official Zoning Map as
provided in this Ordinance. Where the street or lot layout
actually on the ground, or as recorded, differs from the
street or lot lines indicated on the map, the Board, after
notice to the owners of the property and after pub].ic
hearing, shall interpret the map in such a way as to carry
out the intent and purpose of this Ordinance for the
particular section or district in question.
Temporary Uses and Permits. The temporary use of $
building or premises in any district for a purpose or use
that does not conform to the regulations prescribed by this
Ordinance, provided such use be of a true temporary nature
and does not involve the erection of substantial buildings.
Such permit shall be granted in the form of a temporary and
revocable permit for not more than a twelve (12) month
period, subject to such conditions as will safeguard the
public health, safety, comfort, and general welfsre. Upon
application, any such permit may be renewed by the Board for
like periods with or without modifications, after
re-examination of the need therefor and prov~ded the Board
GENEI?~ILP~GULATIONS lq
is satisfied that the conditions originally attached to such
permit have been adhered to.
(c) Stay of Proceedings.
An appeal stays all proceedings in furtherance of the action
appealed from, except as provided in Section 15-829 of the 1950
Code of Virginia, as amended.
(d) Applications and Appeal Procedure.
An application to the Board for a variance, or interpretation of
the Zoning District Map, or any other case in which the Board has
original jurisdiction under the provisions of this Ordinance, may
be made by any property owner, tenant, governmental officer,
department, board or bureau. Such application shall be filed in
triplicate with the Zoning Administrator, who shall transmit a
copy thereof, together with all the plans, specifications and
other papers pertaining to the application, to the Chairman of the
Board. Each such application shall be accompanied by a ~iling fee
of $100 to defray the cost of processing said application, which
amount shall be paid to the Director of Finance.
Authority to Apply. An appeal to the Board may be taken by
any person aggrieved by, or any officer, department, board or
bureau of the Town of Leesburg affected by any decision of
the Zoning Administrator relative to the administration of
this Ordinance. Such appeal shall be taken within thirty
(30) days from the date of the decision complained of, by
filing with the Zoning Administrator and with the Board a
notice of appeal stating the grounds thereof. A notice of
appeal in triplicate shall be accompanied by a filing fee of
$100 to defray the cost of processing said appea], which
amount shall be paid to the Director of Finance. The Zoning
Administrator shall forthwith transmit to the Board all
papers constituting the record upon which the action appealed
from was taken.
o
Action by Board. If the Board decides that there was an
error in the order, requirement, decision or determination of
the zoning enforcement officer as specified in the notice of
appeal, the Director of Finance shall return the
aforementioned fee to the appellant and no fee sh8]! be
charged for the appeal.
If, however, the Board's decision is to uphold the order,
requirement, decision or determination of the zoning
enforcement officer, the Director of Finance shall retain the
filing fee in the treasury.
(e) Public Hearing.
The Board shall fix a reasonable time for the hearing of an
application or notice of appeal, shall give at least ten (10) days
notice of the time and place prior to such hearing by one notice
of said hearing in a newspaper of general circulation in Leesburg,
and at least ten (10) days notice by mai]. or in person to the
~RN]~I~L P3~rLATIONS ~.0
applicant or appellant, and the Zoning Administrator when there is
an appeal. Any person may appear at the hearing ]n person or by
an attorney at law. The Board shall render its decJsinn w~thin
thirty (30) days of the conclusion of said hearing.
Section 10-6 ZONING ADMINISTRATOR
(a) Powers and Duties.
In addition to those responsibilities specifically prescribed
elsewhere in this Ordinance, the Zoning Administrator sba]] have
the following powers and duties:
(1)
Issue Zoning Permits. The Zoning Administrator shall, upon
demonstration by the applicant that a proposed usa or
structure complies with all applicable Ordinance
requirements, issue all zoning permits.
(2)
Issue Sign Permits. The Zoning Administrator shall {ssue a
sign permit for all signs requiring such a permit, as
provided in this Ordinance.
(3)
Interpretation and Maintenance of Zoning Ordinance. The
Zoning Administrator shall provide written interpr~t:ations of
these zoning regulations when there is uncertainty as to the
applicability of Ordinance provisions or requirements. He
shall also maintain a true and accurate copy of this
Ordinance, including all amendments and interpretations.
(4)
Interpretation and Maintenance of Official Zoning_Map. The
Zoning Administrator shall interpret the Official Zoning Map
as it relates to specific properties within the town. The
Zoning Administrator shall also maintain the Official Zoning
Map by indicating all rezonings and indicating proffered
conditions associated with any such rezon~ng by an
appropriate symbol.
(s)
Maintain Records. The Zoning Administrator shall maintain
permanent and current records required by this Ordinance,
including but not limited to zoning permits, zoning
certificates, and all official actions on administrative
appeals, variances, special exceptions, conditionally
permitted used, Ordinance amendments, rezonJngs, proffer
amendments and other related land records. A separata J.ndex
of proffered conditions shall also be maintained ~n
accordance with Section 15.1-491.4 of the Code of Virginia,
as amended.
(6)
Approval of Conditionally Permitted Uses. The Zoning
Administrator shall verify that all proposed cond-~ionally
permitted uses satisfy the standards and cr~terin established
in this Ordinance, and shall approve a conditional ,~s~ permit
for all such uses in accordance with this nrdinanca.
GEI~ALI~GO-LATION$ 21
(7)
(8)
Transmit Applications. The Zoning Administrator shall
transmit all complete rezoning, proffered condition
amendments, special exception, variance and other
applications required by this Ordinance to the Town Council
and other appropriate reviewing boards and commissions.
Enforce Ordinance. The Zoning Administrator shall conduct
inspections of structures and properties to determine
compliance with this Ordinance, and, in the case of
violation, shall notify in writing the person or persons
responsible specifying the nature of the violation and
ordering appropriate corrective action.
(9)
Annual Report. The Zoning Administrator shall prepare and
submit an annual report to the Council regarding the
administration of this Ordinance, setting forth such
statistical data and information as may be of interest and
value in advancing and furthering the purpose of this
Ordinance.
(10) Other. The Zoning Administrator shall carry out other
duties and responsibilities as authorized by the Town Manager
and Director of Planning, Zoning and Development in order to
fulfill the purpose and intent of this Zoning Ordinance.
Section 10-7 LAND DEVELOPMENT OFFICIAL
(a) Appointment.
The Land Development Official shall be appointed by the Town
Manager of the Town of Leesbu~g.
(b) Powers and Duties.
Review Development Applications. The Land Development
Official shall be authorized to transmit all land development
applications to the appropriate reviewing body and determine
compliance with these Ordinance requirements.
Other. The Land Development Official shall also carry out
other duties and responsibilities as authorized by the Town
Manager to fulfill the purpose and intent of this Ordinance.
OL~esl~urg
ORDINANCE NO.
AN ORDINANCE:
PRESENTED
87-0-26A ADOPTED
AMENDING SECTION 17-1.1 OF THE TOWN CODE
September 23, 1987
September 23, 1987
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 17-1.1 of the Town Code is amended to read as follows:
Sec. 17-1.1. Tax Relief for the elderly and totally and permanently
disabled.
(a) Definitions.
As used herein:
(1) "Total gross combined income" means gross income from all sources
of the owners of the dwelling residing therein and of any relatives
of the owner who reside in the dwelling, provided that the
~4~000 $6,500 of income of each relative, other than the spouse
of the owner or owners, who is living in the dwelling shall
not be included in such total.
(2) "Net combined financial worth" means all assets less liabilities
of the owners of the dwelling and of the spouse of any owner
who resides therein, including equitable interests, excluding
the value of the dwelling and the land in an amount not to
exceed one acre upon which it is situated.
(3) "Affidavit" means the real estate tax exemption or deferral
affidavit.
(4) "Town" means Town of Leesburg, Virginia.
(5) "Town Council" means the Town Council of the Town of Leesburg.
(6) "Director of Finance" means the Director of Finance of the
town or any of his duly authorized agents.
(7) "Deferralf' means deferral from the town real estate tax according
to the provisions of this chapter.
(8) "Dwelling" means the full-time owned residence of the person
or persons claiming exemption or deferral; and the land on
which it is situated, not to exceed one acre.
(9) "Exemption" means exemption from the town real estate tax according
to the provisions of this chapter.
-2-
ORDINANCE - AMENDING SECTION 17-1.1 OF THE TOWN CODE
(10) "Head of Household" means the primary earner of income, between
the husband and wife, who either jointly or solely owns the
dwelling and qualifying land on which tax relief is sought.
(11) "Person" means a natural person.
(12) "Permanently and totally disabled" means a person who has been
certified by ~he-Soe~a~-See~r~y-Adm~n~s~on~ the Veterans
Administration, or the Railroad Retirement Board, or if such
person is not eligible for certification by any of these agencies,
a sworn affidavit by two medical doctors licensed to practice
medicine in the Commonwealth, one of who practices medicine
in Leesburg, to the effect that such person is permanently
and totally disabled. The affidavit of at least one of such
doctors shall be based upon a physical examination of such
person by such doctor. The affidavit of one of such doctors
may be based upon medical information contained in the records
of the Civil Service Commission which is relevant to the standards
for determining permanent and total disability. For purposes
of this section, the terms "permanently and totally disabled"
shall mean unable to engage in any substantial gainful activity
by reason of any medically determinable physical or mental
impairment or deformity which can be expected to result in
death or can be expected to last for the duration of such person's
life.
(13) "Property" means real property.
(14) "Taxable year" means the calendar year, from January 1 until
December 31 for which exemption or deferral is claimed.
Sec. 17-1.2. Exemption or deferral authorized; effective date.
(a) Real estate tax exemption or deferral is provided for qualified
property owners who are not less than sixty-five years of age
or who are permanently and totally disabled and who are eligible
according to the provisions of this chapter. Persons qualifying
for exemption or deferral are deemed to be bearing an extraordinary
real estate tax burden in relation to their income and financial
worth.
(b) The effective date of this chapter shall be January 1, 1985.
Sec. 17-1.3. Administration of exemption or deferral.
The exemption or deferral shall be administered by the Director
of Finance according to the provisions of this chapter. The
ORDINANCE - AMENDING SECTION 17-1.1 OF THE TOWN CODE
Director is hereby authorized to make an inquiry of persons
seeking such exemption or deferral in conformity with the pro-
visions of this chapter, including the requiring of answers
under oath, as may be reasonably necessary to determine qualifica-
tions for exemption or deferral as specified by this chapter.
The Director may require the production of certified income
tax returns and appraisal reports to establish income and/or
financial worth.
Sec. 17-1.4. Requirements for exemption or deferral.
An exemption or deferral shall be granted subject to the following
provisions:
(a) The title of the dwelling for which an exemption or deferral
is claimed is held, or partially held, on January 1 of the
taxable year by the person or persons claiming the exemption
or deferral.
(b) The person or persons occupying the dwelling and owning title,
or partial title, thereto is not less than sixty-five years
of age on December 31 of the year immediately preceding the
taxable year, or the person or persons occupying such dwelling
are considered to be permanently and totally disabled as defined
in §17-1.1(12) of this ordinance.
(c) A dwelling jointly held by a husband and wife may qualify if
either spouse is over sixty-five or is permanently and totally
disabled. Such exemption or deferral program shall be subject
to the following restrictions and conditions:
(1) The gross combined income of the owner or owners during
the year immediately preceding the taxable year did not
exceed e~ghteen-th~sand-d~ars-~$½8~e80) twenty-two thousand
dollars ($22,000). Gross combined income includes all
income from all sources of the owner or owners and of owners'
relatives living in the dwelling for which the exemption
or deferral is claimed, provided that the first ~nr-th~sand
d~ars-~$4~08e) six thousand five hundred dollars ($6,500)
of income of each relative, other than the spouse, of the
owner or owners, who is living in the dwelling, shall not
be included in such total. Also excluded from gross income
is all of the income received by an owner for permanent
disability for the precedin~ year up to a maximum amount
of $7,500.
(2) The total combined net financial worth of the owner or
owners as of December 31 of the year immediately preceding
the taxable year did not exceed
-4-
ORDINANCE - AMENDING SECTION 17-1.1 OF THE TOWN CODE
seventy-five thousand ($75,000). Total net financial worth
shall include the value of all assets, including equitable
interests, of the owner or owners and the owners' spouse,
and shall exclude the fair market value of the dwelling
and the land upon which it is situated, not exceeding one
acre, for which the exemption or deferral is claimed.
Sec. 17-1.5. Claimin~ an exemption or deferral.
(a) Annually, and not later than May 1 of the taxable year, the
person or persons claiming either an exemption or deferral
must file a real estate tax exemption or deferral affidavit
with the Director of Finance. Those applying for an exemption
or deferral for the first time must file on or before September
1 of the tax year for which relief is sought. The Director
shall have the discretion to permit applicants to file after
these deadlines in cases of genuine hardship.
(b) The affidavit shall set forth in a manner prescribed by the
Director the names of the related persons occupying the dwelling
for which the exemption or deferral is claimed, their gross
combined income and the total combined net worth of the owners
and spouses. The affidavit shall also state whether or not
the person or persons claim the exemption or the deferral option
and, if the deferral, the amount of deferral claimed, up to
100% of the real estate tax liability.
(c) If, after audit and investigation, the Director determines
that the person or persons are qualified for an exemption or
deferral, he shall so certify and shall deduct the amount of
the exemption or deferral from the claimant's real estate tax
liability.
Sec. 17-1.6. Amount of exemption.
The person or persons qualifying for and claiming an exemption
shall be relieved of all real estate tax liability for that
portion of the real estate tax levied on the qulaifying dwelling
of land.
Sec. 17-1-7. Amount of deferral; repayment of deferred taxes.
The person or persons qualifying for and claiming a deferral
shall be relieved of all real estate tax liability levied on
the qualifying dwelling and land.
The accumulated amount of taxes deferred shall be paid, without
penalty and with interest in the amount of 8% per year, to
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ORDINANCE - AMENDING SECTION 17-1.1 OF THE TOWN CODE
the Director of Finance by the vendor upon the sale of the
dwelling, or from the estate of the decedent within one year
after the death of the last owner thereof who qualifies for
tax deferral under the provisions of this chapter. Such deferral
of real estate taxes shall constitute a lien upon the real
estate as if they had been assessed without regard to the deferral
permitted by this chapter. However, such liens shall, to the
extent that they exceed in the aggregate ten percent of the
gross price for which such real estate may be sold, be inferior
to all other liens of record.
Sec. 17-1.8. Changes in status.
Changes with respect to income, financial worth, ownership
of property, medical status or other factors occurring during
the taxable year for which the affidavit is filed, and having
the effect of exceeding or violating the limitations and conditions
provided in this chapter, shall nullify any relief of real
estate tax liability for the then current taxable year and
the taxable year irmnediately following.
Sec. 17-1.9. False claims.
Any person or persons falsely claiming exemption or deferral
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $50.00 nor more than $300.00 for
each offense.
SECTION II. This ordinance shall be in effect upon its passage.
PASSED this 23rd day of September
, 1987.
Robert E. Sevila, Mayor
Town of Leesburg
ATTE ST .'
Clerk of C~.~ncil