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HomeMy Public PortalAbout1996_06_25_O021The Town of Leesburg, .rg ma ORDINANCE NO. 96-0-21 AN ORDINANCE: PRESENTED June 25, 1996 ADOPTED June 25, 1996 AMENDING THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AND ZONING ORDINANCE TO REPEAL THE PLANNING COMMISSION'S AUTHORITY TO GRANT VARIATIONS OF LOT WIDTH AND AREA REQUIREMENTS WHEREAS, the Planning Commission questioned their authority to grant variations of lot width and area requirements of the zoning ordinance; and ' WHEREAS, at the Planning Commission's request, the Deputy Town Attorney rendered a legal opinion which stated that there was no State enabling legislation that gave the Planning Commission the authority to grant variations to zoning ordinance standards; and WHEREAS, the proposed amendments repeal the Planning Commission's authority to grant variations of zoning ordinance standards reverting such authority to the Board of Zoning Appeals; and WHEREAS, thc Planning Commission held a public hearing on April 4, 1996, pertaining to the draft amendments regarding such matter; and WHEREAS, the Planning Commission forwarded the proposed amendments to the Town Council with a favorable recommendation on May 16, 1996; and WHEREAS, the Town Council held a public hearing on the amendments on June 11, 1996; THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. Section 11A-7(2)c of the Zoning Ordinance is hereby amended as follows: SECTION 11A-7(2)c Minimum Lot Width - ma3, ~, ..... ~,~,q ....... ~,~,~,~ e,,.- ~., ~,~,,.~,,., ~'~ o~ ,~e tho w ..... r",,,~o 50 feet. SECTION II. Section 13-75(a) of the Subdivision and Land Development Regulations is hereby ORDINANCE AMENDMENTS REGARDING VARIATIONS OF LOT WIDTH AND AREA 2 amended as follows: SECTION 13-75 LOTS (a) Lot dimension shall comply with the minimum requirements of zoning regulations for area and width un!ess :,~_rien_ ~_s ~_,2!horized ;- See"on ~3-9~ or herein. SECTION III. All prior ordinances in conflict herewith are repealed. SECTION IV. 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 ordinance as a whole or any remaining provisions of the zoning ordinance or subdivision and land development regulations. SECTION V. This ordinance shall be in effect upon its passage. PASSED this 25th day of June, 1996. ATTEST: Clerk of Council J~ooweS E. Clem, Mayor n of Leesburg varwi.zo