HomeMy Public PortalAbout1990_04_24_O013 Amending the ZO and Repealing the County ZOin ~rirgini~
ORDINANCE NO.
90-0-13
PRESENTED April 24, 1990
ADOPTED April 24, 1990
AN ORDINANCE:
AMENDING THE LEESBURG ZONING ORDINANCE REGARDING COM-
MERCIAL ZONING DISTRICTS, RESIDENTIAL ZONING DISTRIC'I~, SPECIAL
EXCEPTION REGUI~TIONS, HOME OCCUPATION REGUI~TIONS,
TEMPOR~,R¥ USE REG~TIONS,DEFINITIONSAND THE OFFICIALZONING
DISTRICT MAP OF THE TOWN OF LEESBURG, AND REPEALING THE
LOUDOUN COUNTY ZONING ORDINANCE, AS ADOPTED BY THE TOWN OF
LEESBURG ON NOVEMBER 9.3, 1983, EXCEPT SECTION 740
WHEREAS, an amendment to the Leesburg Zoning Ordinance to establish new commercial district
regulations was initiated on September 24, 1986 and re-initiated on February 14, 1989; and
WHERe, an amendment to the Leesburg Zoning Ordinance to establish new residential district
regulations, special exception, home occupation and temporary use regulations, definitions, changes to
the official zoning district map and repealing the Loudoun County Zoning Ordinance as adopted by the
Town, was initiated on February 14, 1989; and
WHEREAS, on April 6, 1989 the Planning Commission held a public hearing on these proposed
amendments and forwarded the commercial district amendments to Council on July 13, 1989, and
recommended to Council the adoption of the remaining amendments at subsequent meetings; and
WHEREAS, the draft zoning ordinance -mendments were the subject of a public roundtable
meeting on June 24, 1989; and
WHEREAS, the Council conducted a public hearing on these amendments January 9, 1990; and
WHEREAS, an ad hoc citizen's committee was created by the Council on July 11, 1989 to ensure
that the citizen and business community idea's and viewpoints were adequately addressed by the Council;
and
WHEREAS, the ad hoc committee's recommendations were considered by the Council's Plamfing
and Zoning Committee on November 8, 21, and December 6, 1989; and
WHEREAS, a revised and consolidated zoning ordinance is necessary to better facih'tate orderly
development in Leesburg, implement the Town Plan land use policies and fulfdl the 1983 town/county
Annexation Agreement and court order; and
ZONING ORDINANCE
WHEREAS, these amendments to the zoning ordinance are 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 new articles entitled
"Article 3: Residential Zoning District Regulations, Article 4: Commercial Zoning District Regulations,
Article 11: Speeia! Exception Regulations, Article 14: Temporary Use Regulations, Article 15: Home
Occupation Regulations, Article 18: Definitions" as contained in the text dated April 13, 1990. All Articles
and Sections are hereby renumbered and re-codified as shown in the aforementioned text, pursuant to
Section 15.1-37.3 of the Code of Virginia, as amended.
SECTION II. The Official Zoning District Map dated June 13, 1984 is hereby repealed and the
Zoning District Map dated April 20, 1990 is hereby adopted as the Official Zoning District Map.
SECTION HI. Articles lA, 3, 3A, 4, 4A, 4B, 4B-5, 4C, 5, 6, 7, 7A, 15 and Sections 8-1-1, 8-1-2 and
8-1-3, 8-2-11-8, 8-2-11-10, 8-2-11-11A, 9-9-6, 9-9-6(B), and 9-9-7fi of the 1959 Leesburg Zoning Ordinance
as amended, and the Loudoun County Zoning Ordinance as adopted and admires' tered by the Town of
Leesburg are hereby repealed, except for Section 740. Regulatory 100-year Flood Hazard District (RHD)
which shall continue to govern floodplains in the land annexed by the Town effective January 1, 1984.
SECTION IV. Where there is a land use which was previously approved by the town pursuant
to a rezoning application, which resulted in approval with proffers submitted pursuant to Virginia statute
(or a proffered zoning referred to in the 1983 county/town annexation agreement) or for a special
exception application which resulted in approval with conditions and there is a conflict between Articles
3 or 4 of this ordinance and the proffered conditions or special exception conditions, the latter conditions
shall govern. Notwithstanding the foregoing, the development of land subject to this provisions shall
comply with any applicable subdivision and land development regulations, architectural control regulations
or any other applicable zoning or development regulations in effect at the time of site plan or subdivision
approval.
ZONING ORDINANCE
Any use which legally existed prior to the effective date of this ordinance and is classified as a
special exception use shall hereafter be considered as permissible use, which may not be structurally
altered or enlarged, or extended unless application for a special exception is fded and approved for the
proposed change in accordance with this ordinance. Notwithstanding the above, if the structure is
destroyed or dsmao~ed, the structure may be rebuilt under the same, similar or different design, without
a special exception application or approval under this ordinance, as long as the extent of non-conformity
is not incressed as to the structure or the use beyond any existing at the time of adoption of this
ordinance. Other appropriate approvals under the subdivision and land development regulations and all
other development regulations shall be required.
SECT[ON V. Any new development for which the Town l~nd Development Official has accepted
for review a complete application for a £mal plat or £mal plan or minor subdivision plat or pre-
liminary/final plan prior to the effective date of this ordinance shall be vested in the zoning regulations
of the Town effective at the time the aforementioned plat or plan was fded. Any redevelopment or new
construction, not proposed on the vested plat or plan shall be governed by the then current zoning
ordinance of the Town.
SECTION VI. Severability. If any portion of these amendments is declared invalid by a court of
competent jurisdiction, the decision shall not affect the validity of amendments as a whole or any
remalrfing provision of the Leesburg Zoning Ordinance.
SECTION VII. All prior ordinances in conflict herewith are repealed.
SECTION VIII. This ordinance shall become effective upon its passage.
Passed t~fis 24th day of April , 1990.
Aq~¥EST:
o:ZOLegis
Robert E. Sevila, Mayor
Town of Leesburg