The URL can be used to link to this page

Home My Public Portal About2004_08_10_O8The Town of Leesburg, it -gum ORDINANCE NO. 2004-0-8 AN ORDINANCE: PRESENTED. August 10, 2004 ADOPTED: Augist 10, 2004 AMENDING THE ZONING ORDINANCE FOR ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 8 PLANNED DEVELOPMENT DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, ARTICLE 12 LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING AND ARTICLE 18 DEFINITIONS WHEREAS, on February 25, 2003 the Town Council adopted a comprehensive revision to the Zoning Ordinance; and WHEREAS, through daily use of the 2003 Zoning Ordinance items have been identified that should be amended to better clarify certain sections of that ordinance; and WHEREAS, additional uses and use limitations have been identified that will give more flexible commercial and residential opportunities to the citizens of Leesburg; and WHEREAS, consideration of these amendments will enhance the effectiveness of the existing Zoning Ordinance; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the proposed amendments. THEREFORE, RESOLVED by the Council of the Town Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is hereby amended as follows: 1. Section 3.4.16 Termination of Special Exception Use 3.4.16 Termination of Use A. Lapse of Approval. Special exception approval shall lapse and be of no further effect two years after the date of the approval by the Town Council unless a final development plan has been officially accepted for review_ Notwithstanding the foregoing, special exception approval shall lapse apd he of no further effect three years after the date of the approval by the Town Council unless a zoning permit or occupancy permit has been issued for the use -2- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 2. Sections 5.4.2, 5.5.2 and 5.7.2, Article 9 and Article 18: Extended Family Residence 9.3.9 Extended Family Residence A Area Limitation. An extended family residence shall he limited to a maximum of nine hundred (900) square feet B Main Residence Occupancy. An extended family residence may only he approved when the main residence is owner occupied. C Location. An extended family residence may he designed to he located within the single-family dwelling with a separate entrance or in a conforming accessory structure; however, it may not he located in a nonconforming accessory structure or structure made conforming as a result of a variance The extended family residence shall not he separately metered for electricity or water D Occupancy Limitation. The occupant(s) of an extended family residence will he limited to family members related by blood, marriage, adoption or legal guardianship E Temporary Need. The intention of this use is to meet a temporary need. At no time may the number of occupants of an extended family residence exceed two (7) F No Rental Payment. The occupants of the extended family residence may not pay rent for the use of the residence or property G Acknowledgement of IJnderstanding. The owners of the single-family dwelling must certify his/her understanding that an extended family residence is limited by the conditions presented in the special exception approval letter, including: number of occupants, who the occupant(s) will he, the relation of the occupant(s) to the main resident(s), and the location and size of the extended family residence This certification shall he attached to the approval letter as an exhibit H Annual Staff Review. The special exception shall he reviewed annually by staff and if any conditions or occupants change, a new special exception will he required I • Annual Re -certification. The owner(s) of the main residence must re -certify annually that the special exception conditions as approved by Council are met so that the extended family residence use may continue The owner(s) shall submit a signed and notarized certified letter stating his/her compliance no later than January 7"d of each year. Article 18 Definitions 18.1.57 Extended Family Residence Within a single family residence or within a conforming accessory structure, a living area designed to provide independence and privacy by allowing a separate bedroom, bathroom, dining area and kitchen for an extended family member 5.4.2 Use Regulatio Is R-4 Uses Use Use Standards Definition �� Residential Uses Family Residence S 9.3.9 18.1.57 1Sec. .Fxtended -3 ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 5.5.2 Use Regulatio 5.7.2 Use Regulatio 9.2 Use Table R-6 Uses Use Use Standards Definition [Residential Uses Fxtended Family Residence S 9. i.9 Sec. ® 1r 18.1.57 R-8 Uses Use Use Standards Definition Residential Uses Extended Family Residence S 9_ .9 7 S 1 18.1.57 Use Tvoe Zoning Districts Use Standard RRRRRRRRROBBBOB E 1 2 4 6 H D 8 1 6 2 2 1 1 2 3 2 4 I 1 I 21 M P = Permitted By Right `' - Specia Exception Approval Required Sec. 3.4) Commercial auk.. a Uses Extended Family Residence Lill iQ❑LJ LULU Sec. 9.3.9 3. ,Section 6.4.3 Density/Intensity and Dimensional Standards 6.4.3. Density/Intensity and Dimensional Standards B-2 District Standards C. Maximum Floor Area Ratio .0 0.3f31 {3] When a private structured parking facility is provided as part of a development the FAR may he increased up to a maximum of 0.55 4 Section 8.3.2 Lot Size [1] Where units Iola less than 8,000 sq. ft. in area are proposed, an equal number of units Iota above 8,000 sq. ft. in area shall be proposed so that the overall lot size of the unit3 averages out to 9,000 sq. ft. For example, if 100 SFDs are proposed, then at least 900,000 sq. ft. of SFD lot area must be created (i.e., 100 lots x 9,000 sq. ft. average = 900,000). If 25 of the lots are proposed to be 6,500 sq. ft., that is 162,500 sq. feet (25 lots x 6,500 = 162,500). -4- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE The remaining 75 lots must contain 737,500 sq. ft. (900,000 - 162,500 = 737,500). That means these 75 lots must average approximately 9,833 sq. ft.(with none less than 8,000 sq. ft.) per lot to reach the 900,000 sq. ft. requirement. A calculation demonstrating that the required lot average has been met shall be submitted as part of the rezoning request. [2] Where traits lots less than 2,000 sq. ft. in area are proposed, an equal number of ttrtits Iota above 2,000 sq. ft. in area shall be proposed so that the overall lot size of -the -units averages out to 2,000 sq. ft. For example, if 100 SFAs are proposed, then at least 200,000 sq. ft. of SFA lot area must be created (i.e., 100 lots x 2,000 sq. ft. average = 200,000). If 25 of the lots are proposed to be 1,600 sq. ft., that is 40,000 sq. feet (25 lots x 1,600 = 40,000). The remaining 75 lots must contain 160,000 sq. ft. (200,000 - 40,000 =160,000). That means these 75 lots must average approximately 2,133 sq. ft.(with none less than 2,000 sq. ft.) per lot to reach the 200,000 sq. ft. requirement. A calculation demonstrating that the required lot average has been met shall be submitted as part of the rezoning request. 5. Section 8.4.7 Open Space Requirement for "infill" PRN $.4.8 Open Space Requirement for "infill" PRN A Planned Residential Neighborhood (PRN) located in an area designated in the Town Plan as "infill" on Map 6 3 therein shall provide at least fifteen percent (15%) of the land area as public and common open space. in the H-1 Old and Historic Overlay District this open space requirement can he further reduced by the Land Development Official with the concurrence of the Hoard of Architectural Review. The Land Development Official shall set forth in writing the reasons for granting such a waiver of the 15% open space requirement 6. Section 8.4.5 Timing of Commercial & Employment uses in a PRN District .4.J i iI II 1g IIIIIICILId1 dfu L' nip Iuyllu llt UJCJ ►►t-uscs in a PRN D,stllct p►101 to tllc 7. Section 9.3.13 Neighborhood Retail Convenience Center 9.3.13 Neighborhood Retail Convenience Center A. Centers may be comprised of a collection of stores including a Lonvei1iencc store and a mix of retail, service, financial and local office uses. B. At lcdst 50% of the cc►rtcr's gross squat- footage must be ►ut nl use. R.E. Automobile service stations shall only be permitted in conjunction with other non - automobile related commercial uses. D. Con,mcli. Same bu,ld►►ig as 1cs,dc►lt►al uscS • C.E. The maximum size of a neighborhood retail convenience center shall be established at the time of the rezoning approval but total gross square footage shall not exceed 40,000 square feet. . No singuail►CJJ u1 us , -5- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 11.6. The center shall provide landscaped open space necessary to effectively buffer parking, service areas and building mass from adjacent residential uses and public roads. ilwelliiig unitb. 8. Section 11.3 Number of Parking Spaces Required Parking Standards Table Type of U__s__e_ Minimum Number of Spaces Required Residential Uses Multi -Family 1.5 per dwelling for efficiency and one bedroom units; 2.0 per dwelling for two bedroom units; and 2.5870 per dwelling for units with three or more bedrooms. For multi -family garage units, the garage shall not be counted as a parking space. Institutional and Community Service Uses Nursery School or Child Care Center 1.0 per staff member or employee, excluding required handicapped 1.0 for spaces, plus each 500 feet floor square of gross arca of building. Additional parking may be required for visitors where the LDO believesit is necessary to meet 9 Section 11.4.3 Payments In-lieit 11.4.3 Payments In -lieu Rather than providing the required off-street parking on -site due to a change of use, expansion of an existing use or new construction, developers of land within the H-1 Overlay District may provide a portion or all of such parking by means of a payment to the town's parking fund. Such payment shall be based on a one-time fee per parking space, as established from time to time by resolution of the Town Council. Any off-street parking satisfied in this matter shall run with the land, and any subsequent change in use that requires more off-street parking shall require subsequent action to satisfy additional parking requirements. No refund of such payment shall be made when there is a change of use to require less parking. Such payment shall be made to the town in one lump sum prior to the issuance of a zoning permit; however, this payment shall not guarantee the availability of parking for the fee - paying development. Funds derived from such payment shall be deposited by the town in a special parking fund and shall be used for acquiring and developing off-street parking facilities within the H-1 Overlay District. NOTE. This option is not available for residential uses or structures 10. 12.8.2.G Buffers and Screening - Adjacent to Certain Streets 12.8.2.G. Buffer -Yards Adjacent to Certain Public Streets. 1. When the rear and/or side yard of a residential, commercial, institutional (including -6 ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE playgrounds) or industrial use structure abuts a street classified as a collector or a higher classification street (in its ultimate design), as indicated in the Transportation Section of the Town Plan, buffer yards and screening shall be provided between the residential, commercial or industrial use and the public right-of-way. The buffer yard and screening shall be provided either on individual lots in a perimeter landscape area or as part of a common open space owned and maintained by a homeowners' association. If a perimeter landscape buffer area is used on individual lots, the area within the perimeter landscape area shall not be included in the calculation of lot size. 11. Section 12.4.1 Street Trees — Applicahility 12.4.1 Applicability Street tree planting is required any time a street is constructed, extended or widened, including any capital improvement projects, and for all land development applications, including No Adverse Impact Certifications, and for all development and redevelopment within the corporate limits except as specifically modified during the rezoning process. This requirement shall apply to all zoning districts. Street trees may shall not be located within the public rights -of -way except where the T and Development Official and the Director of Engineering and Public Works determine unacceptable conflicts with public facilities will result 15. Section 12.4.4 Street Trees — Location 12.4.4. Location I►� co►li►nc►c41 zoning drstr►ctJ all Street trees shall be located either within the public right-of-way or no further than fifteen (15) feet from the sidewalk or edge of pavement 'Hi the required landscape area Nothing in this section shall be construed as to require that tree plantings be planted at even intervals. Minimum recommended spacing between trees should be thirty (30) feet for large and medium canopy trees. 16. Planting Standards for Trees in Rights -of -Way 12.4.5 Planting Standards for Trees in Rights -of -Way The T lrhan Forester must approve the types of trees to he planted in the public rights -of -way Tn addition trees planted in the public rights -of -way must comply with the following planting standards. A. Street Pit Detail -7 ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE Street Tree Pit Detail Stakes and guys are to be removed from the tree one year atter planting. Set root flare 2" above the finished grade of the sidewalk. 3" layer of mulch. No mulch is to be mounded against the tree trunk. A saucer is to be formed around the tree trunk Water tree as needed With 10 gallons of water per week into the PVC drain grate protruding from the soil. A riser attaches the water and aeration loop to the drain grate. Thewater and aeration loop is Installed around the rootball of the tree. Remove the wire basket and burlap from -----the top 213 of the rootball. Remove existing soil to a depth of 3 feet and replace with an approved structural Soil B. Street Tree Setback Detail Right of Way Line -Clear Zone = Min Utility S rip 6 ft min with t ccs 3 R min wbo trees !'tondos line •- Backofelcdr ...y -- zone or 3 ft min 1 -8 ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE If trees are planted in paved pedestrian areas., they shall he planted in tree wells that include a planting grate, with approved structural soil. The width of the sidewalk passing the tree shall he at least three ('i) feet C. Modification/Waiver Provision. The Land Development Official may waive or reduce the requirements for street tree planting details where strict application would result in a hardship to the property owner or Town of Leesburg and a suitable planting alternative has been provided A request for any modification, waiver or reduction of planting standards for street trees by the Land Development Official shall he in writing and shall state the reasons for granting the modification request SECTION H. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 10th day of August 2004. Kristen C. Umstattd, Mayor Town of Leesburg Al 1EST: dia,th lerk of Council ZOAM2004-0002 V ariousOrd