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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: -2- AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 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. eo 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. do 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 -3- AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 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: ao 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 -4- AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE (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. ao Similar uses to those included in the ordinance approving the preliminary development plan and establishing the district. bo 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. ao Similar uses to those included in the ordinance approving the preliminary development plan and establishing the district. -5- AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 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: O) 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 -6- AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 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. -7- AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 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 -8- AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 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: ao 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 -9- AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE detached, attached, and two-family dwelling, shall required to provide parking for handicapped persons. be 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 -10- AN ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE .(~ 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 O:Zorev