HomeMy Public PortalAbout1999_06_22_O017 Amending the ZO for Recodification of the State CodeThe Town of
Leesburg,
Virginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED June 22, 1999
99- 0-17 ADOPTED June 22, 1999
AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING
ORDINANCE TO REFLECT THE RECODIFICATION OF THE STATE
CODE, PROHIBIT LANDFILLS, CLARIFY HANDICAPPED
PARKING REGULATIONS, CLARIFY THE DEFINITION OF LOT
WIDTH, AND AMEND THE POWERS AND DUTIES OF THE
ZONING ADMINISTRATOR
WHEREAS, on November 24, 1998, Council initiated and referred Resolution 98-264 to
the Planning Commission for consideration; and
WHEREAS, the proposed zoning ordinance text amendments would reflect the
recodification of the Virginia State Code, prohibits landfills, clarify handicapped parking
regulations, clarify the definition of lot width, and require the Zoning Administrator to respond
within ninety days to a request for a decision on zoning matters; and
WHEREAS, on March 18, 1999, the Planning Commission held a public hearing on the
proposed text amendments and forwarded to Council a recommendation to adopt Resolution 98-
648, as modified; and
WHEREAS, on June 8, 1999, Council held a public hearing on these proposed
amendments; and
WHEREAS, these amendments to the zoning ordinance are consistent with good zoning
practice and promote the public health, safety and welfare.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The Leesburg Zoning Ordinance is hereby amended as follows:
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AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING
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ARTICLE 6. PLANNED DEVELOPMENT REGULATIONS
SECTION 6A. PLANNED DEVELOPMENT REGULATIONS
Section 6A-1. DEFINITIONS
(14) "Town Plan" shall mean most recent comprehensive plan
for the town adopted pursuant to ~ Article 3 Ghapt~
4-t- Chapter 22, ~ Title 15.2 of the Code of
Virginia, as amended.
Section 6A-3.
(4)
PURPOSE
Concept Plan/Town Plan Amendment
b. The Zoning Administrator shall then refer the petition
to the Planning Commission, which shall set the date
for and advertise a public hearing by the Planning
Commission on the proposed concept plan and
amendment of the Town Plan, to be held at a scheduled
meeting of the Planning Commission in accordance
with Eec.. !5.1 d31 Sec. 15.2-2204 of the Code of
Virginia, as amended.
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After the Planning Commission has made its
recommendation, the Zoning Administrator shall
forward the petition and any recommendation to the
Town Council. The Town Clerk shall set the date for
and advertise the public hearing on the petition to be
held at a scheduled meeting of the Town Council in
accordance with coect~n !5.! '131 Section 15.2-2204 of
the Code of Virginia, as amended.
(5)
Rezoning Plan and Rezoning Petition
b. The Zoning Administrator shall refer the petition to the
Planning Commission, which shall set the date for and
advertise a public hearing on the proposed rezoning
plan and establishment of a planned development
district to be held at a scheduled meeting of the
Planning Commission in accordance with ~
~.21 Section 15.2-2204 of the Code of Virginia, as
amended.
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The Planning Commission shall review the petition and
made a recommendation to the Town Council to
approve, approve with modifications or disapprove the
petition within 90 days of the public hearing. After the
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AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING
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Section 6A-15.
Planning Commission has made its recommendation, or
90 days after the public hearing if no recommendation
has been made, the Zoning Administrator shall forward
the petition and any recommendation to the Town
Council. The Council shall set the date for and
advertise the public hearing on the rezoning plan and
establishment of a.planned development district as
required by Sect/an !5.2 43! Section 15.2-2204 of the
Code of Virginia, as amended.
PLANNED RESIDENTIAL NEIGHBORHOOD(PRN)
DISTRICT REGULATIONS
(3)
Special Uses. The following uses are permitted in a
planned residential neighborhood district upon application
and the issuance by the Town Council of a special use
permit after a hearing called pursuant to Sect/ch ! 5.1 ~131
Section 15.2-2204 of the Code of Virginia, as amended:
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Similar uses to those included in the ordinance
approving the preliminary development plan and
establishing the district.
Any use in subsection (2) above no included in the
ordinance approving the preliminary development
plan and establishing the district.
The Town Council may issue a special use permit when the
proposed use will be compatible with existing and planned
development in the surrounding neighborhood. In addition,
in granting a special use permit, the Town Council may
impose conditions, safeguards and restrictions on the
proposed use to assure the use in homogeneous with the
neighborhood and to secure compliance with this
Ordinance and the ordinance establishing the district.
Where this cannot be accomplished, the Town Council
shall deny the application as not being in accordance with
the Town Plan or as being incompatible with permitted
uses in the neighborhood.
Section 6A-16. PLANNED RESIDENTIAL COMMUNITY (PRC)
DISTRICT REGULATIONS
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AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING
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(3)
Special Uses. The following uses are permitted in a planned
residential community district upon application and the
issuance by the Town Council of a special use permit after
a hearing called pursuant to Sect'~zn !5.! 43! Section 15.2-
2204 of the Code of Virginia, as amended.
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Similar uses to those included in the ordinance
approving the preliminary development plan and
establishing the district.
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Any use in subsection (2) above when not included
in the ordinance approving the preliminary
development plan and establishing the district.
The Town Council may issue a special use permit when the
proposed use will be compatible with existing and planned
development in the surrounding neighborhood. In addition,
in granting a special use permit, the Town Council may
impose conditions, safeguards and restrictions on the
proposed use to assure the use being homogeneous with the
neighborhood to secure compliance with this Ordinance
and the ordinance establishing the district. Where this
cannot be accomplished, the Town Council shall deny the
application as not being in accordance with the Town Plan
or as being incompatible with permitted uses in the
neighborhood.
Section 6A-17. PLANNED EMPLOYMENT CENTER (PEC)
DISTRICT REGULATIONS
(4) Special Uses. The following uses are permitted in a
planned employment center district upon application and
the issuance by the Town Council of a special use permit
after a hearing called pursuant to S~c,t/~n ! 5. ! ~. 21 Section
15.2-2204 of the Code of Virginia, as amended.
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Similar uses to those included in the ordinance
approving the preliminary development plan and
establishing the district.
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AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING
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b. Any use in subsection (2) above when not included
in the ordinance approving the preliminary
development plan and establishing the district.
The Town Council may issue special use permits when the
proposed use will not be incompatible with existing and
planned development in the surrounding area. In addition,
in granting a special use permit, the Town Council may
impose such conditions, safeguards and restrictions on the
proposed use to assure the use is homogeneous with the
area and to secure compliance with this Ordinance and the
ordinance establishing the district. Where this cannot be
accomplished, the Town Council shall deny the application
as not being in accordance with the Town Plan or as being
incompatible with permitted uses in the area.
ARTICLE 13. AMENDMENTS
Section 13A-1. AMENDMENTS
Whenever the public necessity, convenience, general welfare, or good
zoning practice requires, the Council may amend, supplement, or change
the regulations in the Zoning Ordinance, or the zoning boundaries or
classification of property on the Zoning Map, in conformity with the
provisions of ~ Article 7, Ckapter 11 Chapter 22, ~ Title
15.2 if the 1950 Code of Virginia, as amended and as set forth herein.
Section 13A-2. INITIATION OF AMENDMENTS
Amendments of the Zoning Ordinance shall be initiated only in the
following manner:
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Amendments to the text of the ordinance and/or changes in
the zoning boundaries or classification of properties shown
on the Zoning Map may be initiated by the Council or the
Planning Commission in accordance with the provisions of
Se.~ticn !5.! ~.92 Section 15.2-2285., 1950 Town Code of
Virginia, as amended.
Section 13A.3. PUBLIC HEARING BY PLANNING COMMISSION
Upon receipt of a properly filed amendment request or petition, the Zoning
Administrator shall set a time and place for a public hearing by the
Planning Commission on said amendment and direct that the public notice
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AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING
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be given as required by Sezt'~zn !5.! 43! Section 15.2-2204 1950 Code of
Virginia, as amended, and Section 13A-8 through 13A- 12 herein.
Section 13A.5 PUBLIC HEARINGS
(1)
Generally. Public hearings shall be advertised and held for
all amendments to this Ordinance as required by ,ad:Ocd~4
Article 7, ~ Chapter 22, ~ Title 15.2 of the
1950 Code of Virginia, as amended.
(2)
Landowner Initiated Cases - Adjacent Property Owner
Notifications. As provided for in Eect:~cn ! 5.! 43 !.!
Section 15.2-2206 of the 1950 Code of Virginia, as
amended, in any case involving a zoning map amendment
or special exception which is initiated at the request of a
landowner, such landowner is hereby designated as the
appropriate and responsible party to send written notices
required by this A~/c!e ~,~n~ Section !5.! ~.21 Article and
Section 15.2-2204 of the 1950 Code of Virginia, as
amended.
Section 13A- 12. PROFFERS
Those proffer provisions provided for in e~.,:^, ~ c ~ ~m r,~ Section 15.2-
2286A and Sect'~:n !5.! ~.9!.2 Section 15.2-2229 through !5.! ~.91.6
15.2-2302 of the 1950 Code of Virginia, as amended are incorporated as
part of this Zoning Ordinance as if set out fully herein. Proposed proffers
shall be presented to the Council and Planning Commission at any time
prior to the Planning Commission's recommendation on the proposed map
amendments to the Council.
ARTICLE 16 . TOWN COUNCIL, BOARDS, COMMISSIONS AND
ADMINISTRATIVE OFFICIALS POWERS AND DUTIES
Section 16A-3. PLANNING COMMISSION
(2)3.
Commission Permits. To issue commission permits for
streets, parks or other public areas, public buildings or
public service corporation facility other than railroad
facilities, whenever such public facility to area is not
identified within the adopted Town Plan, pursuant to the
procedures of ~ Sec. 15.2-2232 of the Code of
Virginia, as amended.
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Section 16A-5. BOARD OF ZONING APPEALS
(1)
Establishment of Board of Zoning Appeals. The Board of
Zoning Appeals shall, immediately following the adoption
of this Ordinance, organize by electing a chairman from
among its membership and may appoint the Zoning
Administrator as secretary, and such general powers and
duties are as provided for in this Ordinance and under :gi-t-b
4--5 Title 15.2, ~ Chapter 22, A~,c,~4 Article 7 of
the 1950 Code of Virginia, as amended.
(2)
Powers and Duties. In accordance with :r4tb-l-$ Title 15.2,
~ Chapter 22, A~0ob4- Article 7 of the Code of
Virginia, as amended, the powers and duties of the Board
shall be as follows:
(3)
Stay of Proceedings. An appeal stays all proceedings in
furtherance of the action appealed from, except as provided
in g~//qmq-l-~ggg Section 15.2-2311 of the 1950 Code of
Virginia, as amended.
Section 16A-6. ZONING ADMINISTRATOR
(1)e.
Maintain Records. The Zoning Administrator shall
maintain permanent and current records required by this
Ordinance, including but not limited to zoning permits,
zoning certificates, and all official actions on administrative
appeals, variances, special exceptions, conditionally
permitted uses, ordinance amendments, rezonings, proffer
amendments and other related land records. A separate
index of proffered conditions shall also be maintained in
accordance with Secfizn !5.! 49!.4 Section 15.2-2300 of
the Code of Virginia as amended.
ARTICLE 16. TOWN COUNCIL, BOARDS, COMMISSIONS
ADMINISTRATIVE OFFICIALS POWERS AND DUTIES
Section 16A-6. ZONING ADMINISTRATOR
(1)
AND
Powers and Duties. In addition to those responsibilities
specifically prescribed elsewhere in this Ordinance, the
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AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING
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Zoning Administrator shall have the following powers and
duties:
The Zoning Administrator shall respond within
ninety(90) days of a request for a decision or
determination on zoning matters within the scope of
his authority unless the requester has agreed to a
longer period.
Other. The Zoning Administrator shall carry out
other duties and responsibilities as authorized by the
Town Manager and Director of Planning, Zoning
and Development in order to fulfill the purpose and
intent of this Zoning Ordinance.
ARTICLE 2. GENERAL REGULATIONS
ARTICLE 2A. ESTABLISHMENT OF DISTRICTS, OFFICIAL ZONING MAP
AND USE REGULATIONS
Section 2A-7. PROHIBITED USES
(1)
Uses Prohibited in all Districts. The following uses are
prohibited in all zoning districts within the Town of
Leesburg:
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Abattoirs and/or rendering plants
Outdoor automobile auctions
Automobile graveyards
Landfills
ARTICLE 8. OFF-STREET PARKING AND
REQUIREMENTS
Section 8A-9. MINIMUM DIMENSIONS OF OFF-STREET
LOADING
PARKING
SPACES AND AISLES
(2)
Handicapped Parking Spaces. Parking spaces designed to
accommodate the needs of the handicapped shall be required as
provided herein.
Applicability of Requirement. All uses where twenty (20)
or more off-street parking spaces, except for single-family
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detached, attached, and two-family dwelling, shall
required to provide parking for handicapped persons.
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Nkmq~-o~-Handicapped Parking Spaces. The number and
dimensions of handicapped parking spaces r-~qair-~t,-~
pm-viah~ shall be required in accordance with the fc!!ow!ng
~ Federal Americans with Disabilities Act (ADA).
!0! to 200 g
Identification of Handicapped Parking Spaces. All
handicapped parking spaces shall be clearly identified by
placement of signs, a minimum of four feet in height and
1.5 square feet in area, with the words "RESERVED
PARKING" and having a handicapped logo.
ARTICLE 7
Section 7A-4.
SUPPLEMENTAL DISTRICT REGULATIONS
MINIMUM LOT REGULATIONS
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.(~ Exceptions to Measurements of Lot Width
ARTICLE 18 DEFINITIONS
LOT WIDTH
The distance between side lot lines measured parallel to the from line at a
distance equal to the minimum applicable front yard. No portion of the lot
between the front and rear yard lines shall be less than the minimum lot width
required for the zoning district. See Sections 7A-4(7)(a) and 7A-4(7)(b) for
exceptions to this rule in the case of pipestem lots and oversized lots in the R 4
District.
SECTION II. This ordinance shall be in effect upon its passage.
PASSED this 22nd day of June, 1999.
ATTEST:
Clerk of Council
Ja~'es E. Clem, Mayor
Town of Leesburg
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