HomeMy Public PortalAbout1989_07_11_O018LLggsl~urg
ORDINANCE NO.
89-0-18
PRESENTED July 11, 1989
ADOPTED July 11, 1989
AN ORDINANCE: AMENDING TI-IE LEESBURG ZONING ORDINANCE REGARDING
NONCONFORMING SIGNS
WHEREAS, Section 15.1-492 of the 1950 Code of V'uliinia, as amended, sets forth the enabling
authority for the Town of Leesburg to regulate nonconforming uses and structures; and
WHEREAS, the enabling legislation stipulates the level of vested rights accorded such non-
conforming use8 and structures; and
WHEREAS, Section 8A-9 of the Leesburg Zoning Or~ is seen to impinge on the vested rights
of nonconforming signs beyond that authorized by the State; and
WHEREAS, Section 8A-11(a) of the Leesburg ZoDing Ordil~ce is seen to accord a higher level of
vesting to nonconforming signs that are authorized by the State; and
WHEREA~, on February 14, 1989, this Council initiated an amendment to Sections 8A-9 and 8A-
ll(a) of the Leesburg Zoning Ordinance regarding sign regulations; and
WHEREAS, on April 20, 1989, the Leesburg Planning Commlssion held a public hearing regaralng
these proposed amendments; and
V~IEREA~, on April 27, 1989, the Commi~ion voted ~msnimously to recommend these
amendments to the Council for adoption; and
WHE~, on June 27, 1989, this Council held a public hearing on these amendments; and
WHEREAS, amendment of these provisions of the Leesburg Zoning Ordinance is in the best
interest of the public necessity, convenience, general welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leeshurg in V'n~inia as follows:
SECTION I. Sections SA-0 and 8A-11(a) of the Leesburg Zoning Ordinance are amended as shown
below.
ZONING ORDINANCE AME~MENT REGARDING NONCONFORMING SIGNS
Section 8A-9. Development Standards for Permitted Sign Types
All new signs and all existing signs which are replaced, reconstructed, extended or changed
structurally cr L-: ccntcn'~ shall comply with the following development standards.
(a) Ground Mounted Sign - Development Standards.
(1) Road Frontage Requirements. Ground mounted signs shall be permitted only on
zoning lots with 100 feet or more of road frontage.
(2) Minimum Separation Distance. No ground mounted sign shsll be permitted to be
erected within 100 feet of an existing ground mounted sign.
(3) Maximum Height. See height restrictions by zoning district in Part II below.
(b) Projecting Sign - Development Standards.
Frontage Requirements: 18 feet of ground level frontage.
(1)
(2)
(3)
(4)
(5)
(6)
Angle of Prqiection:
Limit on Projection:
whichever is less.
Ninety degrees.
Five feet or one-third (1/3) the width ,of the sidewalk;
Projection over Right-of-Wa,~. Permit required as provided in Section 16-27 of the
Town Code.
Minimum Clearance: Nine feet.
Msximum Height: 14 feet, the bottom sill of any second story window, or hte
lowest point of the roof, whichever is lowest.
(C) Wall Sign - Development Standards.
(1)
(~)
(8)
(4)
Placement, Generally. No wall sigu shall cover, cross or otherwise hide cold,taUS,
belt courses or other decorative architectural features of the buildino~~ including
balconies.
Maximum Height of Wall Signs. 25 feet, the height of the bottom sill of any second
story window, or the lowest point of the roof, whichever is lowest..
Limit on Projection: 12 inches.
Permsuent Window Signs; Additional Restrictions. PermRnent window signs shall
be limited in area to 25 percent of the window area or 25 square feet, whichever
is less, and shall be included in the sign area calculations.
ZONING ORDINANCE AMENDMENT REGARDING NONCONFORMING SIGNS
(d) Awning, Canopy and Marquee Signs - Development Standards.
(1)
Location: parallel to the face and not projecting above or below the face of the
awning, eanopy or m~rquee.
(2)
!Jmlt on Proj'ection: to within one foot of the vertical placement of curbs, but shall
in no way interfere or obstruct either pedestrian or vehic~d~r traffic. Any sign
which projects over the public right-of-way shall comply with Sec. 16-27 of the Town
Code.
Section 8A-11. Non-conforming Signs.
(a)
Non-conforming Signs~ Generally. Any sign which was lawfidly in existence at the time
of the effective date of this Ordinance which does not conform to the provisions herein, and
any sign which is accessory to a nonconforming use, shah be deemed a nonconforming sign
and may remain except as qlml;~]ed in paragraph (b), herein. No nonconforming sign shall
be enlarged, extended, or structurally reconstructech or -' .... ~: .........
Removal of Nonconforming Signs. Nonconformiog signs may remain, provided they re kept
in good repair, except for the following.
(1)
Damage or Destruction of Nonconforming Sign. A nonconforming sign which is
destroyed or ~sm%~ed to the extent exceeding 50 percent of its appraised value shall
not be altered, replaced or reinstalled unless it is in conformance with these sign
regulations. If the damage or destruction is 50 percent or less of the appraised
value, the sign may be restored within two years of the destruction, but shall nto
be enlarged in any matter.
(2)
Dsmooo~ or Destruction of Use. A nonconforming sign shall e removed if the
structure or use to which it is accessory is destroyed or demolished to the extent
exceeding 50 percent of the principal structure's appraised value.
(3)
Change of Use. Whenever a change of use occurs upon a zoning lot which contains
a nonconforming sign, such sign shall not be permitted without being modified in
such a ms~ner as to be in full compliance with these sign regulations.
SECTION II. All prior ordinances in conflict herewith are repealecL
SECTION Ill. Severabillty. If any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the decision shall not affect the validity of the article as a whole or of any
remninlng provisions of the Article.
ZONING ORDINANCE AMENDMENT REGARDING NONCONFORMING SIGNS
4
SECTION IV. This ordinance shall be in effect upon its passage.
PASSED this llth day of July , 1989.
ATTEST:
Clerk of
Robert E. Sevil~ Mayor
Town of Leesburg
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