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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by the Town of Leesburg in the annexation area, and all other prior ordinances in conflict herewith are hereby repealed.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 -5- 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