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