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HomeMy Public PortalAbout1990_01_23_O002 Amending the ZO for Historic Corridor RegulationsLccs~urg in ~irgini~ ORDINANCE NO. 90-0-2 PRESENTED January 23~ 1990 ADOPTED January 23, 1990 AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE BY ADOPTING A NEW ARTICLE 10-B - HISTORIC CORRIDOR REGUI~TIONS WHEREAS, this Council desires to enhance m~d protect the entrance corridors to the Town's National Register Historic District; and WHEREAS, Section 15.1-503.2 of the 1950 Code of Virginia, as amended, provides enabling authority for the Town to establish architectural control districts that encompass parcels of land contiguous to arterial streets or highways found by the Town Council to be significant routes of tourist access to the Town or its historic l~ndmm'ks, buildings, structures and districts; WHEREAS, on August 9, 1988, the Town Council initiated a new Article 10-B to the Leesburg Zoning Ordinance, which would create such a district; and WHEREAS, on September 15, 1988, the Planning Commi~ion held a public hearing on this proposed Article and subsequently recommended to Council the adoption of this Article; and WHEREAS, on November 8, 1988, and December 12, 1989, the Council held public hearings on this Article; and WHEREAS, as a result of these hearings, and written comments from the development community and the citizens of the Town as well as a meeting with leaders of the business and development community, modifications were made to the original proposed ordinance and Corridor Design Guidelines were developed with the assistance of a professional architectural and planning £n~n; and WHEREAS, this Council has found that a historic corridor overlay district will ensure the Town Plan goal of quality urban design compatible with Leesburg's historic, architectural and tourism resources through architectural control along the Town's arterial routes leading to the Old and Historic District, and will ultimately promote the public health, safety and general welfare of the citizens of the Town: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Viro~nia as follows: SECTION I. The Leesburg Zoning Ordinance, is hereby amended by adding a new article to be numbered, Article 10-B, which said Article shall read as follows: Section 10 B-1. PURPOSE AND INTENT The purpose of these historic corridor regulations is to implement the Town Plan goal of ensuring q, mllty urban design compatible with Leesburg's historic, architectural and tourist resources through architectural control along the Town's arterial routes to the Old and Historic district. The protection of these vital corridors which form the traditional gateways to Leesburg's historic district win stabilize and improve property values; protect and enhance the Town's attraction to tourists and visitors; and will support and stimulate complimentary development appropriate to the prominence afforded properties contiguous to Leesburg's major arterial routes. Benefits attributable to the promotion of superior des~n and appearance of structures constructed and altered along the Town's arterial highways will ultlmntely promote the public health, safety and general welfare of the citizens of the Towm Section 10 B-2. APPLICABILITY The regulations contained in this Article shall apply to the Historic Corridor Architectural Control District established herei~ Section 10 B-3. HISTORIC CORRIDOR ARCHITECTURAL CONTROL DISTRICT CREATED A Historic Corridor Architectural Control District is hereby established as an overlay on the official zonJx~ map under authority of Section 15.1-503.2 of the 1950 Code of Virginia, as amended, to be known as the H-2 District with boundaries to include all or parts of parcels, exclusive of the H-1 overlay district, within 1,000 linear feet of the right-of-way centerline along Route 7 from the east corporate limit to the Route 7/15 by-pass; 500 linear feet of the right-of-way center line along Route 7 from the Route 7/15 by-pass to the east side of Catoctin Circle along its intersection with Route 7, East; 300 linear feet from the right-of-way center line along Route 7 from the west side of Catoctin Circle along its intersection with Route 7 East to the west corporate limits, and 500 linear feet of the right-of-way centerline of Route 15 from the north corporate limits to the southern corporate limits. If any part of a structure to be erected, altered or restored is located within these boundaries, the entire structure shall be governed by this Article. Any structure proposed to be erected, altered or restored within a parcel, partly located within the H-2 District, shall be exempt from this Article, if said structure is located entirely outside the H-2 District border. Section 10 B-4. APPLICATION TO BOARD FOR H-2 ARCI-HTECTLrRAL CONTROL DISTRICT CERTIFICATE OFAPPROVAL (a) Board Power to Approve No structure, building, or sign, excluding single-fsmily detached dwellings and construction within approved Planned Development districts, located on land within the H-2 District shall be erected, reconstructed, altered or restored until the plans for such shall have been approved by the Board of Architectural Review (hereinafter referred to as Board) in the form of an issuance of an Historic Corridor Architectural Control Certificate of Approval (COA) as being architecturally compatible with the historic tsndms~'ks, buildings, structures, and the H-1 overlay historic district located within the Town; provided, that the provisions of this article shall not apply to the reg~ds~ maintenance of the same as opposed to the reconstruction, alteration or restoration. ARTICLE 10-B - January 23, 1990 3 (b) Defmitions For the purposes of this section, changing the exterior color and/or materlsls of a structure, building or sign shall be deemed an alteration and not reg~,lsr maintenance. For the purposes of this section a structure shah also include, but not be limited to outbuildings, fences, walls, lamp posts and light (c) Required Contents of Applications Except as heereinafter provided, when f'ding application for a CO,A, applicants must submit information for consideration by the Board, including ten (10) copies of the following. (1) all architectural elevations drawn to scale; (2) site plans; (3) complete exterior materials samples (4) photographs or drawings relating the proposed project to the surrounding streetscape; (5) proposed colors; (6) lighting;, (7) landscaping, as required by Article 9A of this ordinance; and (8) proposed signage, as required in Section 10 B-4(e) of this ordinance. (d) Waivers of Certain Requirements Upon written request from the applicant, the Land Development Official may tentatively waive any of the above requirements deemed not to be necessary for review of the applicatio~ These waivers may be over-ruled by the Board if additional information is determined to be required at the Board's meeting to consider the applicatio~ The Land Development Official may promulgate rules and procedures for the filing of applications under this Article not in conflict with the previsions of this Article. (e) S~.s When £~qg application for a COA for signs, applicants must submit the following informatio~ (1) a scale drawing of the proposed sign; (2) proposed materials for the sign, including supports, and the lighting method to be used; (3) the style and size of the lettering;, and (4) a sketch or photograph showing the proposed location of the sign on the buildin~ or site. (f) Historic Corridor Architectural Control Certificate of Approval Applications for COA's must be made on forms provided by the Department of Planning, Zoning and Development. Complete applications must be submitted at least 17 days before the next reg~darly ARTICLE 10-B - January 28, 1990 4 scheduled meeting of the Board. The land development official or board may require a revised application with a new application date when alterations or modifications are made to the accepted application. (g) Review of Plans in a Timely Manner The Board shall vote and announce its decision on any matter properly before it not later than 45 days after the conclusion of the public meeting on the matter, unless the time is extended by mutual agreement between the Board and the applicant. (h) Board Actions on Applications In response to applications for COA's, the Board shall approve, deny, or approve in modified form the applications. (i) Public Meetings Required The Board shall meet at least twice monthly to consider apph'cations for COA's. The meetings of the Board shall be open to the public and a full and impartial hearing shall be granted to the applicant. (j) Forms of Decision All decisions of the Board granting or denying a COA shall be in writing, a copy of which shall be sent to the applicant and a copy filed with the Town Office. (k) Explanation of Disapproval In the ease of denial of a COA request, the Board shall state the reasons for ~_~ch denial in writing and transmit the written statement to the applicant. In the statement, the Board may make suggestions that would assist the applicant in the resubmitting of an application. (1) Accurate Drawings of Approved Plans Required Before issuing permits for any work which has been approved by the Board, the Land Development Official shall require applicants to submit plans that accurately reflect any changes or conditions imposed by the Board in its approval of projects. (m) Conformsnce with Certificate Required All work performed pursuant to issuance of a COA shall conform to the approved plans and specifications and to any modifications required by the Certificate. In the event work is performed not in conformance with the Certificate, the Zoning Administrator shall notify the responsible person or firm in writing of the violations and shall take the necessary legal steps to ensure that the work is performed in conformsnce with the Certificate. (n) Change of Plans After Issuance of Certificate Any change in the approved plans subsequent to the issuance of a COA shall be promptly submitted to the l~nd Development Official prior to construction of the modified feature. The Land Development Official rosy administratively approve non-substantive modifications with notice thereof to the Board at its next meeting. Copies of any proposed revisions deemed substantive by the Land Development Offielsl ARTICLE 10-B - January 23, 1990 5 shall be forwarded to the Board, accompanied by additional application materials as determined necessary by the Land Development Official and Board to render a decisio~ (o) Appeals (i) Appeals to the Board. The Board shall not hear the subject matter of any application which lms been denied except in cases where an applicant submits his application so amended that it substantially addresses the Board's reasons for denial of the original applicatiom (2) Appeals to the Town Council. Appeals to the Town Council from any final decision of the Board may be made by any person by t'ding a petition with the Clerk of Council, setting forth the bs.~i.~ of the appeal, within 30 days after the final decision of the Board is renderecL The filing of the petition shall stay the decision of the Board pending the outcome of the appeal to the Town Council, except that the filing of such petition shall not permit any construction activity which was the subject of the application on appeal to the Town Council. The Town Council may reverse or modify the decision of the Board in whole or in part, if it finds upon review that the decision of the Board is contrary to the law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the Board. (3) Appeals to the Circuit Court of Loudoun County. Appeals to the Circuit Court of Loudoun County from any decision of the Town Council may be made by any person by filing a petition at law, setting forth the alleged illegality of the action of the Council within 30 days from the final decision rendered by the Town Council. The fding of the said petition shall stay the decision of the Town Council pending the outcome of the appeal to the Court, except that the filing of such petition shall not permit any construction activity which was the subject of the application on appeal to the Town Council. The court may reverse or modify the decision of the Town Council in whole or in part, if it finds upon review that the decision of the Town Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion or it may aft'nun the decision of the Town Council. Section 10 B-5. DESIGN CRITERIA The Board, and on appeal, the Town Council shall find that the application meets all of the following standards and criteria stated below in approving applications fded under this Article. These standards and criteria are further de£med in the H-2 Corridor Design Guidelines, dated January 23, 1990, which are hereby adopted and shall be used by the Board in evaluating COA's. Whether or not the proposed external architectural features, represented by the general design and arrangement, texture, color, line, m~s, dimension, material and lighting reflect desirable design for the Town of Leesburg. Whether or not the proposed structure, building or improvement is compatible with well designed structures, acceptable to the Board, in the vicinity of the proposed structure. Whether or not proposed freestanding buildings use the same or architecturally harmonious materials, color, texture and treatment for all exterior walls; and in the case of partially freestanding buildings, whether or not the same or architecturally harmonious materi~l.% color, texture and treatment are used on all portions of all exterior walls. ARTICLE 10-B - January 23, 1990 6 (d) Whether or not the combination of architectural elements proposed for a structure, building or improvement, in terms of design, line, mass, dimension, color, material, texture, lighting, landscaping, roof line and height conform to accepted architectural principles for permsnent buildings reflecting the character of Leesburg, as contrasted with engineering standards designed to satisfy safety requirements only. (e) Whether or not the proposed structure, building or improvement, in terms of design, material, texture, color, lighting, landscaping, dimension, line, mass roof line and height, is designed to serve primarily as an advertisement or commercial display, exhibits exterior characteristics likely to deteriorate rapidly, would be of temporary or short-term architectural or aesthetic acceptability, or would otherwise constitute a reasonable foreseeable detriment to the attractiveness and stability of the Town's historic arterial corridors. Section 10 B-6. NO ARCHITECTURAL STYLE TO BE REQUIRED The Board, and on appeal, Town Council shall not adopt or impose any specific architectural style in the administration of this Article. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall become effective March 1, 1990. PASSED this 23rd. day of January Aq~I~EST: f~ ' . ~ ~ Clerk of Co~(~ / /~ ~990 Town of' Leesburg