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HomeMy Public PortalAbout1988_10_25_O036ORDINANCE NO. AN ORDINANCE: PRESENTED October 25~ 1988 ~8-0-36 ADOPTED October 25, 1988 AMENDING THE LEESBURG ZONING ORDINANCE REGARDING DECKS AND PATIOS IN REAR YARDS SECTION II. repealed. WHEREAS, the R-3 Residential Zoning District requires a 30-foot rear yard, as opposed to a 20-foot rear yard required for other town single-family residential districts; and WHEREAS, second story decks are prohibited from encroaching into required rear yards; and WHEREAS, revising the General Regulations requirements for decks more than three feet above grade to permit limited encroachment is in the best interest of the public health, safety, welfare and convenience and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 1B-5(c)(5) Minimum Yard Requirements of the Leesburg Zoning Ordinance is amended as follows: 5. 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. Uncovered decks, which are attached to the principal structure and are more than three (3) feet above ~rade on the lot may extend into a required rear yard to within twenty (20) feet of the property line, however, side yard requirements shall apply. All prior ordinances in conflict herewith are hereby ZONING ORDINANCE AMENDMENT REGARDING DECKS IN REAR YARDS SECTION III. Severability. If any provision of this ordinance is declared invalid by court of competent jurisdiction, the decision shall not affect the validity of the section as a whole or of any remaining provisions of the article. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 25th day of OQtober , Robert E. Sevila, Maydr Town of Leesburg ATTEST: '~lerk of ~uncil- 1988.