HomeMy Public PortalAbout1991_02_26_O010 The Town of
Leesburg,
Virginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED February 26, 1991
91-0-10 ADOPTED February 26, 1991
AMENDING THE LEESBURG ZONING ORDINANCE RELATED TO THE
ADDITION OF CONDO~ffNKIM REGLK~TIONS
WHEREAS, the Council initiated and referred amendments to the Leesburg Zoning Ordinance
regarding condominium conversions to the Planning Commission on June 27, 1990; and
WHEREAS, a public hearing on this amendment was held on August 9, 1990 by the Planning
Commission and was recommended for approval at their October 4, 1990 meeting;, and
WHEREAS, Sections 55-79.94(e) and (i0 of the Code of Virginia, as mended, permit local/ties to
adopt condominium regulations; and
WHEREAS, these amendments are necessary to promote the public health, safety, general welfare
and '..)'(',~.'.;l-~tate the creation of a harmonious community:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Article 7 of the Leesburg Zoning Ordinance is hereby amended with the addition of
Section 7A-12 as shown below.
Section 7A-12. CONDOMINIUM, GENERALLY
Residential Condominiums, Generally. The condominium regulations of Section 7A-
12 shall only apply to residential developments. All such condominium developments
shall comply with the density limitations and other provisions of the zoning district
in which it is located.
Condominium Conversions. For the purpose of this section, "elderly" means a person
not less than 62 years old. The term "disabled", refers to a person suffering from
a severe, chronic physical or mental impairment which results in substantial
functional limitations. Residential condominium conversions shall provide an offer
of lease to elderly and disabled tenants as follows:
Information Filing Required. The declarant of a condominium conversion
shall file concurrently with the Zoning Administrator, the general notice of
conversion required by subsection 55-79.94(b) of the Code of Virginia, as
amended.
The declarant of a condominium conversion shall provide any existing tenants
a copy of the general notice of conversion required by subsection 55-79.94(b)
of the Code of Virgini~ as amended. An offer shall be provided to the elder ,ly
and disabled tenants leases or extensions of leases, or the provision of other
units of equal size and overall q.allty shall be afforded.
-2-
AMENDING THE ZONING ORDINANCE REGARDING CONDOMINIUMS
Offers of leases, or extensions of leases required by this section shall include
no more than twenty percent (20%) of the apartments or units in the
proposed condominium conversion, and shall be offered for a term of up to
three (3) years from the date the general notice of conversion is served.
The terms and conditions thereof shall be as agreed upon by the lessor and
the lessee. Such offers of leases or extensions of leases shall not apply to
apartments or units which ~ in the course of conversion, be substantially.
altered in the physical layout, restricted exclusively to nonresidential use, or
rendered legally uninhabitable because of renovations or rehabilitation which
the declarant intends to perform in good faith.
SECTION II. All prior ordinances in conflict herewith are repealecL
SECTION Iii. Severability. 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
remninin~ provisions of the Article.
SECTION IV. This Ordinance shall be in effect upon its passage.
PASSED this 26th day of FebruarY,1991.
ATTEST:
~'a~os ~. Clem, Vice-Mayor
Town of Leesburg
Clerk of Cou~]l
O:Condo