Loading...
HomeMy Public PortalAbout2007_09_25_O18The Town of Leesburg, Tirginia PRESENTED September 25, 2007 ORDINANCE NO. 2007-0-18 ADOPTED September 25, 2007 AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. The Town Council of Leesburg, Virginia, ordains: SECTION I. That Subsection 2.5.1 (POWERS AND DUTIES) of Section 2.5 (ZONING ADMINISTRATOR) of Article 2 (REVIEW AND DECISION MAKING BODIES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 2.5.1 Powers and Duties In accordance with Section 15.2-2286 of the Code of Virginia, 1950, as amended, the Zoning Administrator shall be responsible for the administration, interpretation and enforcement of the provisions of this Zoning Ordinance. The Zoning Administrator shall perform all required duties and act in accordance with the terms, purposes, intent and spirit of this Zoning Ordinance. The Zoning Administrator may be assisted in the enforcement of this Zoning Ordinance by the Loudoun County Health Officer, Chief of Police and all other officials of Leesburg, Virginia, pursuant to their respective fields. In addition to those responsibilities specifically prescribed elsewhere in this Zoning Ordinance, the Zoning Administrator shall have the following powers and duties: A. Receipt and Review of Applications. To receive and/or review: 1. Zoning Permit applications; 2. Certificate of Occupancy applications; 3. Variance applications; 4. Notices of Appeal to the Board of Zoning Appeals; 5. Landscape bonds; and 6. All other applications, certifications or materials required by this Zoning Ordinance to be submitted to the Zoning Administrator. B. Zoning Permits. To issue Zoning Permits upon demonstration by the applicant that a proposed use or structure complies with all applicable ordinance requirements, including applicable Town Code requirements. -2- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. C. Sign Permits. To issue a sign permit for all signs requiring such a permit, as provided in Article 15 . D. Occupancy Permits. To authorize the issuance of zoning clearance for issue Occupancy Permits upon demonstration by the applicant that a proposed use or structure complies with all applicable zoning ordinance requirements, inel ding appli 'able and Town Code requirements. E. Interpretations. To issue written interpretations of this Zoning Ordinance upon written request. Such interpretations shall be binding as to the applicant and as to the specific facts presented in the application for interpretation after completion of the thirty (30) day appeal period specified in the Code of Virginia, 1950, as amended. F. Uses Not Specifically Listed. Where a specific proposed use is not listed in the Zoning Ordinance, to issue an interpretation regarding whether the use is a permitted use, special exception use, or prohibited use within various zoning districts. The Zoning Administrator shall be guided by the criteria set forth in Sec. 9.1.4. G. Maintain Zoning Ordinance. To maintain a true and accurate copy of this Zoning Ordinance, including all amendments and interpretations and shall make the same available for public inspection. H. Maintain and Interpret the Official Zoning Map. To interpret the Official Zoning Map as it relates to specific properties within the town. The Zoning Administrator shall also maintain the Official Zoning Map by indicating all rezonings and indicating proffered conditions associated with any such rezoning by an appropriate symbol, and shall make the same available for public inspection. I. Maintain Records. To maintain permanent and current records required by this Zoning Ordinance, including but not limited to zoning permits 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 Section 15.2-2300 of the Code of Virginia, 1950, as amended. J. Conduct Inspections. To conduct appropriate and lawful inspections of properties, including buildings, structures, landscaping and uses of land to determine compliance with this Zoning Ordinance. When a violation is identified the Zoning Administrator shall notify in writing the person or persons responsible specifying the nature of the violation and ordering appropriate corrective action. -3- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. K. Annual Report. To prepare and submit an annual report to the Town Council regarding the administration of this Zoning Ordinance, setting forth such statistical data and information as may be of interest and value in advancing and furthering the purpose of this Zoning Ordinance. L. Enforce Zoning Ordinance. To enforce the provisions of this Zoning Ordinance, the decisions of the Board of Zoning Appeals, and proffers and conditions approved by the Town Council. M. Other Duties. To perform such 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. SECTION II. That Subsection 3.10.12 (LAPSE OF APPROVAL) of Section 3.10 (HISTORIC DISTRIC PERMITS (H-1 HISTORIC OVERLAY DISTRICT)) of Article 3 (REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 3.10.12 Lapse of Approval A Historic District Permit shall lapse and become void unless construction is commenced within twelve-( twenty-four (24) months from the date the permit was issued. SECTION III. That Subsection 3.10.13 (CHANGE OF PLANS AFTER ISSUANCE OF PERMIT) of Section 3.10 (HISTORIC DISTRIC PERMITS (H-1 HISTORIC OVERLAY DISTRICT)) of Article 3 (REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 3.10.13 Change of Plans after Issuance of Permit Any change in the work plan subsequent to the issuance of a Historic District Permit shall require submittal of a new application and issuance of a new permit, except that modifications to approved projects may be administratively approved by the Preservation Planner in accordance with Section 7.5.6.D of the Zoning Ordinance. -4- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION IV. That Subsection 3.11.14 (CHANGE OF PLANS AFTER ISSUANCE OF CERTIFICATE) of Section 3.11 (ARCHITECTURAL CONTROL CERTIFICATES OF APPROVAL (H-2 CORRIDOR OVERLAY DISTRICT)) of Article 3 (REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 3.11.14 Change of Plans afer Issuance Administrative Approval of Certificates A. Change of Plans after Issuance of Certificate. Any change in the approved plans subsequent to the issuance of a Certificate of Approval shall be promptly submitted to the Preservation Planner prior to construction of the modified feature. The Preservation Planner may administratively approve the following nen-substantive modifications: (a) change in the color of brick selected for a project: (b) change in the profile of door and window moldings: (c) change in the type of siding used in a small area which does not exceed ten percent (10%) of the total area of a building: and (d) change in the style of a door or window. A report of administrative approvals shall be made to the Board of Architectural Review at its next meeting. neces. ary by the Preser„ation Planner a,,rl Board of Architectural Dev;ew to render a B. Signs. The Preservation Planner shall have the authority to administratively review and approve requests for Certificates of Approval for all wall and monument signs in the H-2 Corridor Overlay District if the Preservation Planner determines that the requested sign(s) meet the standards set forth in Article 15 of the Zoning Ordinance and the H-2 Corridor Overlay District Design Guidelines. SECTION V. That Subsection 5.7.2 (USE REGULATIONS) of Section 5.7 (R-8, MEDIUM -DENSITY ATTACHED RESIDENTIAL DISTRICT) of Article 5 (RESIDENTIAL ZONING DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: -5- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 5.7.2 Use Regulations Uses are allowed in the R-8 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by -right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. R-8 Uses Use —11 Use Standards Definition Commercial Uses I Chiidcare-senter 8 Home occupation I P � Sec. 18.1.76 Recreation facility Q Sec. 9.3.18 Sec. 18.1.148 Temporary Mobile Land -Based Telecommunications Testing Facility p Sec. 9.3.23.D Institutional and Community Service Uses 1 Assisted living residence [S Sec. 9.3.1 1 Sec. 18.1.11 Cemetery © Sec. 18.1.27 Fire and/or rescue facility SA Sec. 18.1.60 Library Q Sec. 18.1.84 Park, public [Place of worship © Sec. 18.1.1341 Recreation facility IQ Sec. 9.3.18 Sec. 18.1.148 School, general education © 1 Sec. 18.1.154 School, public 1S Sec. 18.1.155 Residential Uses Cluster development P Sec. 10.3,1 Sec. 18.1.30 Duplex 2 Sec. 18.1.471 Extended Family Residence © Sec. 9.3.9 lSec. 18.1.56,1 Group home ; j Sec. 18.1.70 Single-family attached townhouse 2 Sec. 9.3.22 Sec. 18.1.164 Single-family detached dwelling Q Sec. 18.1.163 Utility Uses Public utility, major © Sec. 9.37271 Sec. 18.1.145 Public utility, minor Q Sec. 9.3.27 Sec. 18.1.146 -6- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION VI. That Subsection 5.7.2 (USE REGULATIONS) of Section 5.7 (R-8, MEDIUM -DENSITY ATTACHED RESIDENTIAL DISTRICT) of Article 5 (RESIDENTIAL ZONING DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 5.7.2 Use Regulations Uses are allowed in the R-8 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by -right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. R-8 Uses Use IL Use Standards Definition Commercial Uses Child- care -center IJ[ Sec-218 Home occupation P ( Sec. 18.1.76 Recreation facility S� Sec. 9.3.18 Sec. 18.1.148 Temporary Mobile Land -Based Telecommunications Testing Facility P Sec. 9.3.23.D linstitutional and Community Service Uses Assisted living residence S Sec. 9.3.1 Sec. 18.1.11 Cemetery E Sec. 18.1.27 Fire and/or rescue facility © Sec. 18.1.60 Library E Sec. 18.1.84 Park, public 0 Place of worship SA Sec. 18.1.134 Recreation facility S Sec. 9.3.18 Sec. 18.1.148 School, general education S Sec. 18.1.154 !School, public A' Sec. 18.1.155 [Residential Uses Cluster development ;rSec. 10.3.1 Sec. 18.1.30 Duplex I0 Sec. 18.1.47 Extended Family Residence © Sec. 9.3.9 Sec. 18.1.56.1 Group home Q Sec. 18.1.70 -7- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Single-family attached (townhouse) Q [Sec. 9.3.2? [Sec. 18.1.1641 Single-family detached dwelling -1H[ —11Sec. 18.1.1631 Utility Uses I Public utility, major I SA Sec. 9.3.27 Sec. 18.1.145 Public utility, minor Q Sec. 9.3.27 Sec. 18.1.146 SECTION VII. That Subsection 6.1.1 (DESCRIPTION) of Section 6.1 (0-1, GENERAL OFFICE DISTRICT) of Article 6 (NONRESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 6.1.1 Description The 0-1, General Office District is established to provide locations where predominately office uses may be located in a low -intensity manner as a transitional land use between residential and higher intensity uses. The district is generally appropriate for office development including incidental support services and retail uses, provided they are intended solely to serve employees of the permitted uses. Development shall comply with the Floor Area Ratio (FAR) limits specified in the Central Sector in the Town Plan. SECTION VIII. That Subsection 6.1.2 (USE REGULATIONS) of Section 6.1 (0-1, GENERAL OFFICE DISTRICT) of Article 6 (NONRESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 6.1.2 Use Regulations Uses are allowed in the 0-1 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by -right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. -8- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 0-1 Uses I Use I Use Standards Definition Commercial Uses I Child care center © Sec. 18.1.28 Conference center Q Sec. 18.1.36 Emergency care facility I Sec. 18.1.56 Office ; I Sec.18.1.114 Mailing services Q Sec. 18.1.95.A Parking structure, private A Sec. 9.3.15 Sec. 18.1.128 Services, personal .d Sec. 9.3.16 Sec. 18.1.160 Telecommunications Facility: Antenna Q Sec. 9.3.23.A Sec. 18.1.7 Temporary Mobile Land -Based Telecommunications Testing Facility] Sec. 9.3.23.D Veterinary Hospital Q Sec. 9.3.26 Sec. 18.1.187 Institutional and Community Service Uses Club P Sec. 18.1.29 College or University P Sec. 18.1.32 .Fire and/or rescue facility 1P 1 Sec. 18.1.60 Library P 1 Sec.18.1.84 Museum P Sec. 18.1.104 Park, public Q Place of worship S I Sec.18.1.134 Recreation facility P Sec. 9.3.18 I Sec. 18.1.148 U.S. Postal Service P ISec. 18.1.138. AI Utility Uses Public utility, major g Sec. 9.3.27 Sec. 18.1.145 Public utility, minor rl Sec. 9.3.27 Sec. 18.1.146 SECTION IX. That Subsection 6.1.3 (DENSITY/INTENSITY AND DIMENSIONAL STANDARDS) of Section 6.1 (0-1, GENERAL OFFICE DISTRICT) of Article 6 (NONRESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 6.1.3 Density/Intensity and Dimensional Standards All development in the 0-1 District shall be subject to the following standards (see also Article 10): -9- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 0-1 District Standards A. Minimum Lot Area (square feet) All Development ( 20,000 B. Minimum Lot Width (feet) All Development 100 C. Maximum Floor Area Ratio I None0:45I D. Minimum YardslSetbacks (feet) Front 20 Side 20 1 Rear 1 20 1 E. Maximum Building Height (feet) I Nonresidential 1 45 F. Minimum Zoning District Area (acres)' None-2 SECTION X. That Subsection 6.4.1 (DESCRIPTION) of Section 6.4 (B-2, ESTABLISHED CORRIDOR COMMERCIAL DISTRICT) of Article 6 (NONRESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 6.4.1 Description The B-2, Established Corridor Commercial District is established solely to accommodate previously approved corridor commercial development and to permit reasonable development of lands within existing B-2 zoning Districts. The district is not intended to be available for future rezonings, nor as a means of expanding the boundaries of existing B-2 Districts. Development shall comply with the Floor Area Ratio (FAR) limits specified in the Central Sector in the Town Plan. SECTION XI. That Subsection 6.4.2 (USE REGULATIONS) of Section 6.4 (B-2, ESTABLISHED CORRIDOR COMMERCIAL DISTRICT) of Article 6 (NONRESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: -10- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 6.4.2 Use Regulations Uses are allowed in the B-2 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by -right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. - 11 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. B-2 Uses Use Use Standards Definition Commercial Uses Bank with drive-in facility © Sec. 18.1.13 Bank without drive-in facility IQ Sec. 18.1.13 Bowling alley ID Sec. 18.1.19 Car wash I© Sec. 9.3.33 Sec. 18.1.26 Child care center © Sec. 18.1,28 Commercial inn Sec. 18.1.81 Conference center IA Sec. 18.1.36 Convenience food store Io Sec. 9.3.6 Sec. 18.1.38 Eating establishment with drive-in facility © Sec. 18.1.52 Eating establishment without drive-in facility Sec. 9.3.7 Sec. 18.1.52 Electric andlor plumbing supply E Sec. 9.3.8 Emergency care facility SA Sec. 18.1.56 Funeral home 12 Sec. 18.1.65 Home occupation 0 Sec. 18.1.76 Hotel/motel g Sec. 18.1.79 Kennel El Sec. 9.3.9 Sec. 18.1.83 Lumber and/or building material sales without outdoor storage/display Sec. 9.3.10 Sec. 18.1.95 Lumber and/or building material sales with outdoor storage/display SA Sec. 9.3.10 Sec. 18.1.95 Mailing services 0 Sec. 18.1.95.A Nursery © Sec. 18.1.112 Office g Sec. 18.1.114 Outdoor storage © Sec. 18.1.120 Outdoor storage, vehicles I© Parking structure, private IA Sec. 9.3.15 Sec. 18.1.128 Printing and/or publication I g Sec. 18.1.140 Recreation facility 0 Sec. 9.3.18 Sec. 18.1.148 Retail centers under 100,000 square feet and/or retail uses Q Sec. 18.1.150, Sec. 18.1.151 Retail centers over 100,000 square feet I© Sec. 18.1.150 School, special instruction ID Sec. 9.3.20 Sec. 18.1.156 Service station 11 Sec. 9.3.21 Sec. 18.1.161 Services, personal 1 P Sec. 9.3.16 Sec. 18.1.160 Telecommunications Facility: Antenna ID Sec. 9.3.23.A Sec. 18.1.7 Telecommunications Facility: Monopole I© Sec. 9.3.23.E Sec. 18.1.101 Telecommunications Facility: Transmission Tower Sec. 9.3.23.D Sec. 18.1.181 Temporary Mobile Land -Based Telecommunications Testing Facility Sec. 9.3.23.D Theater, indoor g Sec. 18.1.178 Vehicle and/or equipment service facility I R Sec. 9.3.25 Sec. 18.1.186 Vehicle sales and/or rental facility IR Sec. 0 Sec. 18.1.185 Veterinary Hospital IE Sec. 9.3.26 _ Sec. 18.1.187 - 12 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Video rental store with drive-in facility 1 ndustrial, Manufacturing and Warehouse Uses Mini -warehouse facility IJ Sec. 9.3.11 1I Sec. 18.1.98 rResearch and development © Sec. 9.3.19 [ Sec. 18.1.149 'Institutional and Community Service Uses Club P Sec. 18.1.29 College or University B Sec. 18.1.32 Fire and/or rescue facility g Sec. 18.1.60 Hospital © Sec. 18.1.78 Library P Sec. 18.1.84 Museum Sec. 18.1.104 Park, public 2 Parking structure, public Sec. 9.3,15 Sec. 18.1.127 Place of worship Q Sec. 18.1.134 Recreation facility —� Sec. 9.3.18 Sec. 18.1.148 School, general education S Sec. 18.1.154 School, public P Sec. 18.1.155 School, technical S Sec. 18.1.157 Temporary commuter parking lot S Sec. 9.3.23.1 J Sec. 18.1.175.1 U.S. Postal Service P Sec. 18.1.138.A Residential Uses Multiple -family (6 or more dwelling units) S Sec. 9.3.12 Sec. 18.1.103 Multiple -family (up to 5 dwelling units) S Sec. 9.3.12 Sec. 18.1.103 Utility Uses Public utility, major IA Sec. 9.3.27 Sec. 18.1.145 Public utility, minor p Sec. 9.3.27 Sec. 18.1.146 SECTION XII. That Subsection 6.4.3 (DENSITY/INTENSITY AND DIMENSIONAL STANDARDS) of Section 6.4 (B-2, ESTABLISHED CORRIDOR COMMERCIAL DISTRICT) of Article 6 (NONRESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 6.4.3 Density/Intensity and Dimensional Standards All development in the B-2 District shall be subject to the following standards (See also Article 10): - 13 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. B-2 District Standards A. Minimum Lot Area (square feet) All Development 20,000 B. Minimum Lot Width (feet) All Development 100 C. Maximum Floor Area Ratio None 0.3[3][4] D. Minimum Yards/Setbacks (feet) Front 20[1] B-2 District Standards Side 10 Rear 20 E. Maximum Building Height (feet) Residential 35 Nonresidential 45[2] F. Minimum Zoning District Area (acres) 5 [ 1 ] New or expanded developments within the B-2 District may have up to a minimum front yard setback of 5 feet if the development of the lot or a development of a combination of abutting lots has at least 400 feet of front yard road frontage. The 5-foot setback is also subject to the following provisions: a. Parking or loading areas for motor vehicles or storage of materials or equipment shall not be located within the reduced front yard setback. b. The total square footage of all structures shall not exceed the maximum allowable square footage permissible within the required setbacks. c. The Director of Engineering and Public Works shall determine that such development will not interfere with necessary public improvements or required landscaping. d. The front facade of a building shall have as its primary orientation the adjacent roadway from which the front yard setback reduction is requested. e. Fencing or wall located within the front yard setback shall not exceed 42 inches above grade. [2] See Sec. 10.4.5.F. F.A.R. may be increased to a maximum of 0.55* [ ] Th: s r. n n sha11 not „„„ly to hotel emote , SECTION XIII. That Subsection 6.5.2 (USE REGULATIONS) of Section 6.5 (B-3, COMMUNITY RETAIL/COMMERCIAL DISTRICT) of Article 6 (NONRESIDENTIAL - 14 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 6.5.2 Use Regulations Uses are allowed in the B-3 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by -right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. B-3 Uses Use Use Standards Definition. a , Commercial Uses Bank with drive-in facility S Sec. 18.1.13 Bank without drive-in facility P Sec. 18.1.13 Bowling alley Sec. 18.1.19 S Car wash S Sec. 9.3.3 Sec. 18.1.26 Child care center PS Sec. 9.3.4 Sec. 18.1.28 Commercial Inn P Sec. 18.1.81 Conference center S Sec. 18.1.36 Eating establishment with drive-in facility S Sec. 18.1.52 Eating establishment without drive-in facility P Sec. 9.3.7 Sec. 18.1.52 Electric and/or plumbing supply S Sec. 9.3.8 Emergency care facility P Sec. 18.1.56 Funeral home S Sec. 18.1.65 Hotel/motel P Sec. 18.1.79 Lumber and/or building material sales without outdoor storage P Sec. 9.3.10 Sec. 18.1.95 - 15 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. B-3 Uses Use Use Standards Definition Lumber and/or building material sales with outdoor storage S Sec. 9.3.10 Sec. 18.1.95 Mailing Services P Sec. 18.1.95.A Office P Sec. 18.1.114 Outdoor storage S Sec. 18.1.120 Outdoor storage, Vehicles S Sec. 18.1.120 Parking structure, private S Sec. 18.1.128 Recreation facility p Sec. 9.3.18 Sec. 18.1.148 Retail centers under 100,000 square feet and/or retail uses P - Sec. 18.1.150, 18.1.151 Retail centers over 100,000 square feet S Sec. 18.1.150, 18.1.151 School, special instruction p Sec. 9.3.20 Sec. 18.1.156 Service station s Sec. 9.3.21 Sec. 18.1.161 —vices, personal P Sec. 9.3.16 Sec. 18.1.160 acommunications Facility: Antenna P Sec. 9.3.23.A Sec.18.1.7 Telecommunications Facility: Monopole S Sec. 9.3.23.B Sec. 18.1.101 Temporary Mobile Land -Based Telecommunications Testing Facility P Sec. 9.3.23.D Theatre, indoor p Sec. 18.1.178 Vehicle and/or equipment service facility S Sec. 9.2.25 Sec. 18.1.186 Vehicle sales and/or rental facility s Sec. 9.3.24 Sec. 18.1.185 Veterinary Hospital s Sec. 9.3.26 Sec. 18.1.187 Video rental store with drive-in facility S° Industrial, Manufacturing, and Warehouse Uses Mini -warehouse facility A Sec. 9.3.11 Sec. 18.1.98 1Research and development si Sec. 9.3.19 Sec. 18.1.49 Institutional and Community Service Uses Club I J Sec. 18.1.29 rrc-- ollege or University Sec.18.1.32 - 16 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. B•3 Uses Use Use Standards 1 Definition Commuter Parking Lot P Sec. 18.1.31 Fire and/or rescue facility P Sec. 18.1.60 Hospital p Sec. 18.1.78 Library P Sec. 18.1.84 Museum P Sec. 18.1.104 Park, public P Place of worship P Sec. 18.1.134 Recreation facility p Sec. 9.3.18 Sec. 18.1.148 School, general education S Sec. 18.1.154 School, technical S Sec. 18.1.157 U.S. Postal Service P Sec. 18.1.138.A Utility Uses lic utility, major S Sec. 18.1.145 , ruolic utility, minor p Sec. 18.1.146 SECTION XIV. That Subsection 6.6.2 (USE REGULATIONS) of Section 6.6 (B-4, MIXED -USE BUSINESS DISTRICT) of Article 6 (NONRESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 6.6.2 Use Regulations Uses are allowed in the B-4 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by -right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. - 17 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. B-4 Uses Use Use Standards Definition I Commercial Uses I Bank with drive-in facility 1 S Sec. 18.1.13 Bank without drive-in facility P Sec. 18.1.13 Car wash S Sec. 9.3.3 Sec. 18.1.26 Child care center PS Sec. 9.3.4 Sec. 18.1.28 1 Commercial Inn P Sec. 18.1.81 Conference center S Sec. 18.1.36 Convenience food store S Sec. 9.3.6 Sec. 18.1.38 Eating establishment with drive-in facility S Sec. 18.1.52 Eating establishment without drive-in facility P Sec. 9.3.7 Sec. 18.1.52 Electric and/or plumbing supply S Sec. 9.3.6 Emergency care facility P Sec. 18.1.56 Heliport S Sec. 18.1.73 Home occupation P Sec. 18.1.76 Hotel/motel S Sec. 18.1.79 Lumber and/or building material sales without outdoor storage P ' Sec. 18.1.95 Lumber and/or building material sales with outdoor storage S Sec. 9.3.10 Sec. 18.1.95 Mailing Services P Sec. 18.1.95.A Office P Sec.18.1.114 Parking structure, private S Sec. 9.3.15 Sec. 18.1.128 Printing and/or publication P Sec. 18.1.140 Recreation facility P Sec. 9.3.18 Sec. 18.1.148 Retail centers under 100,000 square feet and/or retail uses P Sec. 18.1.150,18.1.151 School, special instruction S Sec. 9.3.20 Sec. 18.1.156 Service station S Sec. 9.3.21 Sec. 18.1.161 Services, personal S Sec. 9.3.16 Sec. 18.1.160 Telecommunications Facility: Antenna P Sec. 9.3.23.A Sec. 18.1.7 Temporary Mobile Land -Based p Sec. 9.3.23.D - 18 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. B-4 Uses Use Use Standards Definition Telecommunications Testing Facility I Vehicle and/or equipment service facility S Sec. 9.3.25 Sec. 18.1.186 Vehicle sales and/or rental facility S Sec. 9.3.24 Sec. 18.1.185 Veterinary hospital S Sec. 9.3.26 Sec. 18.1.187 Industrial, Manufacturtngti.and Warehouse Uses Manufacturing and assembly P Sec. 18.1.97 Mini -warehouse facility S Sec. 9.3.11 Sec. 18.1.98 Research and development p Sec. 9.3.19 Sec. 18.1.49 (Warehouse S Sec. 18.1.188 Institutional and Community Service Uses College or University P Sec. 18.1.32 Fire and/or rescue facility p Sec. 18.1.60 Hospital p Sec. 18.1.78 Library p Sec. 18.1.84 Park, public P Place of worship S Sec. 18.1.134 Recreation facility p Sec. 9.3.18 Sec. 18.1.148 School, general education S Sec. 18.1.154 School, public S Sec. 18.1.155 School, technical S Sec. 18.1.157 U.S. Postal Service p Sec. 18.1.138.A Residential Uses Duplex S Sec. 18.1.47 Multiple -family S Sec. 9.3.12 Sec. 18.1.103 Single-family attached (townhouse) S Sec. 9.3.22 Sec. 18.1.164 Single-family detached dwelling 1 S Sec. 18.1.163 Utility Uses Public utility, minor P Sec. 9.3.27 Sec. 18.1.146 - 19- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION XV. That Subsection 6.6.3 (DENSITY/INTENSITY AND DIMENSIONAL STANDARDS) of Section 6.6 (B-4, MIXED -USE BUSINESS DISTRICT) of Article 6 (NONRESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 6.6.3 Density/Intensity and Dimensional Standards All development in the B-4 District shall be subject to the following standards (See also Article 10): B-4 District Standards I A. Minimum Lot Area (square feet) Single -Family Detached I 6,000 Single -Family Attached (Interior Lots) I 2,400 Single -Family Attached (Corner and End Lots) 1 3,000 Duplex, Vertical 1 3,000 Duplex Horizontal 1 6,000 Multi -Family 10,000 All Other Development 80,000 B. Minimum Lot Width feet) Single -Family Detached 50 Single -Family Attached (Interior Lots) 24 Single -Family Attached (Corner and End Lots) I 30 Duplex, Vertical 30 Duplex, Horizontal 60 Multi -Family 100 All Other Development 200 C. Maximum Floor Area Ratio 0.5 D. Minimum Yards/Setbacks (feet) Front 20 Side (end units) 10 Rear I 20 E. Minimum Common Open Space (% of site area) I 20 F. Maximum Building Height Residential 45 Nonresidential 170 (not to exceed 5 stories) G. Minimum Zoning District Area acres) I None-5 - 20 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION XVI. That Subsection 6.7.1 (DESCRIPTION) of Section 6.7 (I-1, INDUSTRIAL/RESEARCH PARK DISTRICT) of Article 6 (NONRESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 6.7.1 Description The I-1, Industrial/Research Park District is established solely to accommodate previously approved industrial/research park development and to permit reasonable development of lands within existing I-1 Districts until such time as those lands are rezoned to classifications that are consistent with the Town Plan. The I-1 District is not intended to be available for future rezonings, nor as a means of expanding the boundaries of existing I-1 Districts. Development shall comply with the Floor Area Ratio (FAR) limits specified in the appropriate Land Use Category in the Town Plan. SECTION XVII. That Subsection 6.7.3 (DENSITY/INTENSITY AND DIMENSIONAL STANDARDS) of Section 6.7 (I-1, INDUSTRIAL/RESEARCH PARK DISTRICT) of Article 6 (NONRESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 6.7.3 Density/Intensity and Dimensional Standards All development in the I-1 District shall be subject to the following standards (See also Article 10): I-1 District Standards A. Minimum Lot Area (square feet) All Development 40,000 B. Minimum Lot Width (feet) All Development 200 C. Maximum Floor Area Ratio None 0.3(of€ce-use) D. Minimum Yards/Setbacks (feet) Front 50 Side 20 Rear 20 E. Maximum Building Height (feet) All Development 50 not to exceed 4 stories F. Minimum Zoning District Area (acres) 5 -21 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION XVIII. That Subsection 7.2.2 (USE REGULATIONS) of Section 7.2 (MC, MEDICAL -HOSPITAL CENTER SPECIAL PURPOSE DISTRICT) of Article 7 (OVERLAY AND SPECIAL PURPOSE DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 7.2.2 Use Regulations Uses are allowed in the MC District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by -right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. MC Uses Use ['Use Standards „ Definition Commercial Uses Diagnostic Laboratories IQ Sec. 18.1.41 Offices 12 Sec. 18.1.114 Pharmacy Q Sec. 18.1.132 I Child care center © J Sec. 18.1.28 Parking structure, private Q Sec. 9.3.15 Sec. 18.1.128 Emergency care facility 0 Sec. 18.1.56 Institutional and Community Service Uses ,, Hospital Sec. 18.1.78 Nursing School 0 Dormitory © Sec. 18.1.43 College or University P are Sec. 18.1.32 Elderly housing Maximum density not S o exceed 16 dwelling units er acre Sec. 18.1.54 Nursing home 2 Sec. 18.1.113 (Utility Us Public utility, major © Sec. 18.1.145 Public utility, minor 0 l Sec. 18.1.146 - 22 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION XIX. That the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended by a adding a Sub -subsection 7.5.6.0 (MODIFICATIONS TO EXISTING STRUCTURES) to Subsection 7.5.6 (ADMINISTRATIVE APPROVAL OF HISTORIC DISTRICT PERMITS) of Section 7.5 (H-1 HISTORIC OVERLAY DISTRICT) of Article 7 (OVERLAY AND SPECIAL PURPOSE DISTRICTS), to read as follows: 7.5.6.C. Modifications to Existing Structures. The Preservation Planner shall have the authority to issue a Historic District Permit for the like -kind replacement of roof materials, the installation of storm windows and doors, and the replacement or installation of new shutters. SECTION XX. That the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended by a adding a Sub -subsection 7.5.6.D (CHANGE OF PLANS AFTER ISSUANCE OF PERMIT) to Subsection 7.5.6 (ADMINISTRATIVE APPROVAL OF HISTORIC DISTRICT PERMITS) of Section 7.5 (H-1 HISTORIC OVERLAY DISTRICT) of Article 7 (OVERLAY AND SPECIAL PURPOSE DISTRICTS), to read as follows: 7.5.6.D. Change of Plans after Issuance of Permit. Any change in the approved plans subsequent to the issuance of a Historic District Permit shall be promptly submitted to the Preservation Planner prior to construction of the modified feature. The Preservation Planner may administratively approve the following modifications: (a) change in the color of brick selected for a project; (b) change in the profile of door and window moldings; (c) change in the type of siding used in a small area of a building; and (d) change in the style of a door or window. A report of administrative approvals shall be made to the Board of Architectural Review at its next meeting. - 23 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION XXI. That Sub -subsection 8.3.5.D (CALCULATION OF FLOOR AREA RATIO) of Subsection 8.3.5 (PLANNED DEVELOPMENT NONRESIDENTIAL INTENSITY LIMITS) of Section 8.3 (GENERAL DEVELOPMENT STANDARDS) of Article 8 (PLANNED DEVELOPMENT DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 8.3.5 Planned Development Nonresidential Intensity Limits D. Calculation of Floor Area Ratio. which either individually o mb;n„tien wits, other bu:ldings eed the appl-ieable-fna*inwni-Pleer--area-r-at-ie-(FAR)-speeified-in-the-Tewn-P-lan-fer--the-let-fer For the purposes of Floor Area Ratio calculation in a Planned Development District, the lot area devoted to residential uses shall not be included when determining the total lot area. 1 Acreage devoted to r sidential . Program Flood insurance Date Maps for i ou.1o,,n C ,,,.,t., e f e E. Maximum F.A.R. No new buildings shall be permitted to be erected which, either individually or in combination with other buildings, exceed the applicable maximum floor area ratio (FAR) specified in the Town Plan for the lot for the non-residential use upon which such buildings are to be located. -24- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION XXII. That Section 9.2 (USE TABLE) of Article 9 (USE REGULATIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 9.2 Use Table The Use Table of this section provides a summary of the uses allowed within base zoning districts. In the event of conflict between this Use Table and the district -by -district listings in Article 5 and Article 6, the standards listed in Article 5 and Article 6 shall control. The symbols used in the Use Table have the following meanings. 9.2.1 [P] Permitted Uses A "P" indicates that a use is permitted by right in the respective zoning district, subject to compliance with all other applicable regulations of this Zoning Ordinance. 9.2.2 [S] Special Exception Uses An "S" indicates that a use is allowed only if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. 9.2.3 Uses Not Allowed A blank cell (one that deesnzt does not contain an "S" or "P") indicates that the listed use is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this Zoning Ordinance. Use Type R 1 R 2 RR 4 6 H p R 112 1 62 i 2 0 1 B 1 B 2 B 3 B 4 I 1 Use Standard P = Permitted by Right S = Special Exception App ova Required (Sec. 3.4) 1 Agricultural Uses Farming ]LJLJ LJ ❑LI _.. [-- ❑U❑�... �..1[ I Nursery 11=Iu❑❑❑❑ ❑❑❑❑❑❑❑ P Stable P�D 711 Uses 71 t I H❑FP-1 Commercial Bank with drive-in facility I Li Li S S S S Bank without drive-in facility ❑ ❑ ❑❑ PPPP ❑ Bed and breakfast inn S S S S P ❑❑❑ Bowling alley I ❑ ❑ ❑ P S ❑❑ Car wash ❑❑ S S S ❑ Sec. 9.3.3 Child care center S S S S S S S S S S S S PP S Sec. 9.3.4 Commercial Inn I❑ L.I 0❑ PPPP - 25 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Use Type RRRRR E 1 2 4 6 H D R 8 R 6 2 2 OBBBB 1 1 2 3 4 l 1 Use Standard —] Conference center ❑❑❑❑ ❑❑❑ PSSSSS Convenience food store S S ❑ S ❑ Sec. 9.3.6 Country club ❑ P P ❑❑❑❑❑ Q❑❑❑ ❑ -—) Eating establishment with drive-in facility _ --- �❑ S `--- S S Eating establishment without drive-in acility ❑ P P P PS Sec. 9.3.7 Electric and/or plumbing supply L❑ ❑❑❑❑❑❑❑❑ SS S S Sec. 9.3.8 Electronic Data Storage Center P Emergency care facility I S ❑❑❑ SSSPP❑ l Funeral home ❑❑❑❑❑ ❑❑❑ S P S ❑ Golf course I P P ❑❑❑❑❑❑❑❑❑❑❑❑❑ Golf driving range S ❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Heliport ❑❑❑❑❑❑❑❑❑❑❑❑❑ S S Home occupation P PPPPPPP PP P Hotel/motel ❑ ❑ ❑ LI SPPSS Indoor vehicle auctions ❑❑❑❑❑❑❑❑❑❑❑❑ ❑❑ Kennel S ❑❑❑❑❑❑❑❑❑❑ S ❑❑ S Sec. 9.3.9 Lumber and/or building material sales without outdoor storage --❑ — ❑ P P P ❑ Sec. 9.3.10 Lumber and/or building material sales with outdoor storage SSSS Sec. 9.3.10 Mailing Services ❑ PPPPP❑ Nursery S ❑❑❑ ❑ S ❑❑� Office ❑❑❑❑❑❑❑❑❑ PPPPPP Outdoor Storage, Vehicles ❑❑❑❑❑❑❑❑❑❑❑ S S ❑ S Outdoor Storage ❑❑❑❑❑❑❑❑❑❑❑ SSSS Parking lot ❑❑❑ ❑❑❑❑❑❑ P ❑❑ ❑ Parking structure, private ❑❑❑ ❑❑ SSSSSS Printing and/or publication ❑❑❑❑❑❑❑❑❑❑ P P ❑ P ❑ Recreation facility IS S S S S PPPP❑ Sec. 9.3.18 Retail centers under 100,000 square [feet and/or retail uses —_❑❑_ ❑ PPPP _— Retail centers over 100,000 square feet -- S S School, School, special instruction ,❑❑❑❑❑❑❑❑❑❑ SPPS ❑ Sec. 9.3.20 !Service station❑❑❑❑❑❑❑❑❑❑ S S S © Sec. 9.3.21 Services, personal ❑❑❑❑❑❑❑❑❑ P P P P S Sec. 9.3.16 Theatre, indoor ❑❑❑❑❑❑❑❑❑❑ P P P ❑❑ Vehicle and/or equipment service ❑❑❑❑❑❑❑❑ � ❑❑ S S S ❑ Sec. 9.3.25 - 26 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Use Type R E R 1 R 2 R 4 R 6 H D R 8 R 6 2 2 0 1 B 1 B 2 B 3 B 4 I 1 Use Standard facility I❑ U___ ❑ U I Vehicle sales and/or rental facility I❑LI ❑❑❑❑❑ S S S Sec. 9.3.24 Veterinary hospital S ❑❑ U ❑ S S S S Sec. 9.3.26 Video rental store with drive-in facility I-1 . Industria Basic Industry ILL Manufacturing I I s s ❑ and Warehousing Uses LI UU U❑❑ U Distribution Facility —ILI Li LI❑ ❑❑❑LI IJ Extraction of Earth Products ❑ ❑ L_I I Manufacturing and assembly LIJ ❑❑❑i . ❑❑❑� P Mini -warehouse facility I❑U ❑U❑❑ U D �.1 S S Li Sec. 9.3.11 Research and development ❑❑S 1 U❑ ....1 ❑ S P u Sec. 9.3.19 I Warehouse ❑U UUU❑ ❑LIQ❑❑ s u I � a"tN 1�W . �P 0..�. s: Assisted living residence _I SSSSSS ❑ ❑❑ Sec. 9.3.1 Cemetery ISIIISSSSS ❑ P❑ ❑ I Club Is Ls ❑ Commuter Parking Lot I❑❑❑❑❑ ❑ ❑ P College or University ❑❑❑ U P P P P See -MG -Dist. Fire and/or rescue facility P[121.1AELIIIIS S SLIP P I P P Golf course P I LAQ❑LI ❑❑❑❑ ❑❑❑ Hospital UU❑❑U ❑ S P ❑ Library [ PILP I P S S S S S S P P P I P I P Museum U UUU P P P LI❑❑ Nursing home I S LI LI S S ❑❑❑❑ Sec. 9.3.14 I Park, public PPPPPPPPPPPPPPP Parking structure, public ❑❑❑❑LI UU S S S S S Sec. 9.3.15 Place of worship S I S I S S S S S I S I S S P P P S LI Recreation facility IL I'II _P_I P S LC,I S S S P LI P I P P ❑ Sec. 9.3.18 School, general education I j S S Ls cS 1I IAIJ = s s S Iu S❑ School, public P LI P S S❑ S I S I S ❑PUS ❑ School, technical ❑❑❑❑❑❑❑U S I S I s Ls �I Temporary commuter parking lot ❑❑❑ ❑❑❑❑ U S U Sec. 9.3.23.1 U.S. Postal Service S J��y( S P PP u P LS I '(y� {emu❑❑❑❑ Single-family detached dwelling LI P P P LIU�'��L-�J❑❑ P LIU s Single-family attached townhouse) _I_I ❑I_I S ❑ Sec. 9,3.22 Duplex JJ D,L:_1ELLILI_..I❑ ❑ P P PP.IIr..-.,I❑❑PjU s ❑ �I Extended Family Residence UUU s l=J❑l=tlJIII❑❑❑ _IL ❑ Sec. 9,3.9 -27- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Use Type RRRRR E 1 2 4 6 H p I_. R 8 R 6 2 2 OBBBB 1 1 2 3 4 I 1 Use Standard Multiple -family (6 or more dwelling units) P P H S S Sec. 9.3.12 Multiple -family (up to 5 dwelling units) I❑Lill 0 LI P u P s S Sec. 9.3.12 Residential cluster development P P P P II 0❑❑❑❑ Sec. 10.3.1 Accessory dwelling unit J S u S J u S Li Li S u ❑❑ Sec. 9.4.1 Group home I PLP]P PJP PUP JE LJ CI,. eY Public utility, maj or jor I S S S I S LI S S S uu S S (iI Sec. 9.3.27 , Public utility, minor I P P{ j P jI P P P P P I` P I P P P P J Sec. 9.3.27 Antennas u u ❑0 P u P P P I P I Sec 9.3.23.A. Monopoles ❑iii u ❑ S S S Sec 9.3.23.B. Transmission Tower lattice type . . S ❑❑ S Sec 9.3.23.C. Temporary Mobile Land -Based Telecom Testing Facility P P P P P P P P P P P P P P P Sec. 9.3.23.D. SECTION XXIII. That Sub -subsection 9.4.3.0 (PERMITTED HOME OCCUPATIONS) of Subsection 9.4.3 (HOME OCCUPATIONS) of Section 9.4 (ACCESSORY USES) of Article 9 (USE REGULATIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 9.4.3.C. Permitted Home Occupations The following uses may be are permitted as home occupation uses, subject to the requirements of this subsection. Artist and sculptor Author and composer Barber shop and beauty shop Caterer Computer programming, data processing, typing and word processing service Direct sale product distribution Dressmaker, seamstress and tailor Home -based child care service - 28 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Home crafts, such as model making, rug weaving, lapidary work, and ceramics, for sale off -site House cleaning service, laundry and ironing service Jewelry making and jeweler Licensed Massage Therapy Locksmith Music lessons Office for professional in fields such as, but not limited to, architecture, drafting and graphics, interior design, engineering, financial planning, and other consulting services Office of a minister, rabbi, priest or other similar person associated with a religious organization Office of a salesman, sales representative, or manufacturer's representative, provided that no retail or wholesale transactions are made in person on the premises Similar use which does not involve retail or wholesale sales transactions in person on the premises or employment of persons other than members of the family occupying the dwelling Telephone answering services and solicitation work Tutoring High-speed Internet access provider 22. Office of real estate broker 23. Office of mobile pet -grooming services 24.22.Other uses determined by the Zoning Administrator to be similar in scope and impact (on the surrounding neighborhood) to those permitted home occupations listed above. SECTION XXIV. That Sub -subsection 9.4.3.D (PROHIBITED HOME OCCUPATIONS) of Subsection 9.4.3 (HOME OCCUPATIONS) of Section 9.4 (ACCESSORY USES) of Article 9 (USE REGULATIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 9.4.3.D. Prohibited Home Occupations The following shall be prohibited as home occupations: 1. Automotive detailing, repair or paint shop 2. Dance studio, exercise studio, or similar use - 29 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 3. Day care center serving more than five children 4. Dog grooming service 5. Funeral chapel, funeral home 6. Gift shop 7. Landscape contractor 8. Limousine, hearse, ambulance or taxi service 9. Massage parlors 10. Medical or dental laboratory and/or office 11. Nursing homes 12. Outdoor repair or service 13-Palm reader/clairvoyant 14. Psychiatrist -1-5-.-Real-estate-broker 15. 16: Rental of any equipment or other items 16.4-77 Restaurant 17.4$: Veterinary hospital and/or office 18.E9: Welding or machine shop 19.E Wrecking, repossession and/or towing service 20.E Other uses determined by the Zoning Administrator to be similar in scope and impact (on the surrounding neighborhood) to those prohibited home occupations listed above. SECTION XXV. That the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended by adding a Sub -subsection 9.3.4.1 (PLACES OF WORSHIP — CHILD CARE CENTER) to Subsection 9.3.4 (CHILD CARE CENTER) of Section 9.3 (USE STANDARDS) of Article 9 (USE REGULATIONS), to read as follows: 9.3.4.1 Places of Worship -Child Care Center A child care center is permitted as an accessory use for a place of worship if it meets the following conditions: A. Recreation Area. A minimum of 100 square feet of usable outdoor recreation area shall be provided for each child that may use the space at any one time. For the purpose of this section, usable outdoor recreation area shall be limited to: 1. The area not covered by buildings or required on -site parking spaces. -30- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 2. The area outside the limits of the required front yard. 3. Only that area which is developable for active outdoor recreation purposes. 4. An area that occupies no more than eighty percent (80%) of the combined total areas of the required side and rear yards, exclusive of any minimum required buffer yards. B. Fencing. A fence at least four (4) feet in height shall completely enclose the outdoor recreation area so that children are safely contained inside and that all persons entering the recreation area are within direct line of sight from the child care center classroom areas or from inside the building. C. Play Equipment. No play equipment shall be located within the required yard setbacks. However, where the child care center is in a residential zoning district, the Zoning Administrator may approve an alternate location if it is a small child care center, which has a maximum enrollment of twenty (20) children, with existing play equipment. D. Recreation Location. Outdoor recreation areas shall be separated, by a minimum of fifty (50) feet, from parking, loading, and service areas such as dumpster pads. E. Parking. The number of existing parking spaces on -site must comply with this Zoning Ordinance and be sufficient to handle the use as a child care center. A designated arrival and departure zone shall be located adjacent to the child care center in such a manner that children do not have to cross vehicle travel aisles to enter or exit the center. F. Hours of Operation. The hours of operation shall be limited to 6:00 am to 7:00 pm, Monday through Friday. G. Enrollment. The number of children enrolled shall not exceed forty (40). SECTION XXVI. That the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended by adding a Sub -sub -subsection 9.4.3.E.13 (OFFICE OF MOBILE PET GROOMING SERVICE) to Sub -subsection 9.4.3.E (USE LIMITATIONS) of Subsection 9.4.3 (HOME OCCUPATIONS) of Section 9.4 (ACCESSORY USES), all of Article 9 (USE REGULATIONS), to read as follows: -31- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 13. Officc of Mobile Pet Grooming Service. No boarding of animals shall be permitted on -site. SECTION XXVII. That Section 10.2 (USE TABLE) of Article 10 (DENSITY/INTENSITY + DIMENSIONAL STANDARDS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: Sec. 10.2 NONRESIDENTIAL ZONING DISTRICTS The following table provides a summary of the Density/Intensity and Dimensional Standards that apply within nonresidential (base) zoning districts. In the event of conflict between this table and the district -by -district listings in Article 6, the standards listed in Article 6 shall control. 0-1 B-1 ' B-2 J B-3 L B-4 1.1 �� J Minimum Lot Area (square feet) Single -Family Detached I NA 4,000 NA 1 NA 6,000 NA L Single -Family Attached, Interior Lot] NA I 2,000 I NA NA 12,400 NA __1 i Single -Family Attached, Comer and End Lots NA 3,000 NA NA 3,000 NA Duplex, Vertical I NA 6,000 NA I NA 3,000 NA 1 Duplex, Horizontal NA 3,000 NA I NA 16,000 NA 1 Multi -Family NA I 110,000 20,000I NA 110,000 NA Other ,- 20,000 None 20,000 40,000 80,000 40,000 1 Minimum Lot Width (feet) Interior Lot I 100 I [1] 100 I 200 [6] 200 200 100 I 200 Comer Lot - J 100 Maximum Nonresidential FAR 0:45 None &0None 0,4530[4 01-114-1 0.4035 0.50[8] 0,40 None None Min. Yards/Setbacks (feet) I Front 2] I 20 [3] 20 4] 40 20 50 Side I 20 5 [5] 10 25 10 20 Rear 20 ; 20 20 25 20 20 I Minimum Common Open Space (pct) I NA NA I NA NA 20 I NA Max. Building Height feet) Residential I NA I 35 I 35 NA 45 NA I - 32 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 0.1 I B-1 J[ B-2 I1 B-4 11-1 rNonresidential (Mixed Use [Res- Nonresj) 45[7] -I 45 1 45[7] 45[7] 65[7][8] 45[7] 1 l Min. Zoning District Area (acres) 12 None I I None 5 5[9] 5-None 5 --1r [1] Minimum Lot Width (feet): Interior Lots .I Comer/End Lots Single -Family Detached 40 40 Single -Family Attached 20 30 Multi -Family 100 100 Duplex, Vertical 30 I 30 Duplex, Horizontal 60 I 60 Nonresidential 20 I 20 [2]Properties within the H-1 Overlay District shall be eligible for reduced front yards (setback) in accordance with Sec.10.4.5.D. [3]Minimum Front Setback: 1 foot; Maximum: 20 feet, Actual setback determined in accordance with Sec.10.4.5.D. [4] New or expanded developments within the B-2 District may have up to a minimum front yard setback requirement of 5 feet if the development of the lot or a development of a combination of abutting lots has at least 400 feet of front yard road frontage. The 5-foot setback is also subject to the following provisions: a. Parking or loading areas for motor vehicles or storage of materials or equipment shall not be located within the reduced front yard setback. b. The total square footage of all structures shall not exceed the maximum allowable square footage permissible within the required setbacks. c. The Director of Engineering and Public Works shall determine that such development will not interfere with necessary public improvements or required landscaping. d. The front facade of a building shall have as its primary orientation the adjacent roadway from which the front yard setback reduction is requested. e. Fencing or wall located within the front yard setback shall not exceed 42 inches above grade. [5] No side -yard setback requirements for lots fronting on Market Street, Loudoun Street, King Street, Wirt Street and Liberty Street. [6]Minimum Lot Width (feet): Interior Lots CornerlEnd Lots Single -Family Detached I 50 50 Single -Family Attached r 24 30 7 Multi -Family 100 100 Duplex, Vertical I 30 30 - 33 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Interior Lots ] CornerlEnd Lots Duplex, Horizontal IF 60 Il 60 1 Nonresidential I 200 200 I [7]The front, side and rear yard minimum setback shall be increased to be equal to the height of the building where the building height exceeds the required minimum yard setback adjacent to residential uses only. For example, the B-2 District allows a commercial building to be a maximum of 45 feet in height. If the rear yard of the building is to be located adjacent to a residential use (such as townhouses), the building must be at least 45 feet from the property line with the residential use, even though the rear setback for the B-2 District is only 20 feet. [8]Maximum FAR and height increased to 0.65 and 65 feet, respectively when at least 50% of required parking is located within a parking structure. [9] Where a lot is proposed to be rezoned to the B-3 District consistent with the Town Plan, and the lot (a) does not contain 5 acres in area, and (b) is not contiguous to an existing B-3 District, the minimum district size shall not apply. the B 2 District. B 2 District. SECTION XXVIII. That Subsection 10.4.10 (MAXIMUM FLOOR AREA RATIO) of Section 10.4 (MEASUREMENTS, COMPUTATIONS AND EXCEPTIONS) of Article 10 (DENSITY/INTENSITY + DIMENSIONAL STANDARDS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 10.4.10 Maximum Floor Area Ratio era-lly. No new buildings shall be permitted to be erected which, either individually or in combination with other buildings, exceed the maximum floor area ration (FAR) for the lot upon which such buildings are to be located. flo of all build: lot measured-te-the-outside-efThe-Walis b„ the net way-(-2-)-ar-en-Nvithin-the-1-00-year-fleeflplain-and-wetlands(-3-)-any-area-deveted-te :dentl nd (3) a cla iced ste sio E. pt in the B_1 district AN ORDINANCE: - 34 - AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION XXIX. That Section 11.8 (STACKING SPACES) of Article 11 (PARKING, LOADING AND PEDESTRIAN ACCESS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 11.8 Stacking Spaces All uses which include a drive -up window or which are characterized by patrons remaining in their vehicles to receive service shall provide stacking spaces in order to alleviate traffic congestion. Stacking spaces shall be a minimum of ten (10) feet in width exclusive inclusive of gutter pans and eighteen (18) feet in length. All stacking areas must be separate from other circulation aisles and parking spaces. The use of a minimum five (5) foot landscaped island with curbing is recommended to channelize traffic. 11.8.1 Food Restaurants A minimum of ten (10) stacking spaces shall be required for fast food restaurants with drive -up windows. The distance shall be measured from the drive -up window. 11.8.2 Car Washes A minimum of seven (7) stacking spaces per car wash bay shall be required. 11.8.3 Financial Institution Drive -up Windows The minimum number of stacking spaces required for each teller, customer window or automatic teller machine (ATM) serving a financial institution shall be three (3) stacking spaces per lane and per window. However, the Town Council may require additional stacking spaces based on site conditions and safety considerations during review of the special exception application requesting the use. " mini., um f eight (8) stacking spaces teller machines (ATMs) . Such stacking lanes shall be used solely for drive -up window vehicle stacking and shall not conflict or extend into vehicle parking areas, drive aisles or loading spaces and shall be screened to avoid being a dominant visual feature of the site when viewed from adjacent streets. 11.8.4 Other Uses For other uses not specifically provided for herein, the Zoning Administrator shall make a determination regarding the number of stacking spaces required. - 35 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION XXX. That Subsection 12.9.6 (TREE SELECTION AND COVER GUIDE) of Section 12.9 (PLANT MATERIAL SPECIFICATIONS) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 12.9.6 Tree Selection and Cover Guide Plant material in the following list may be used to satisfy the canopy tree requirements of this article. The list is divided into the following categories: large canopy trees, medium canopy trees, evergreen trees, understory trees, shrubs, and groundcover. Selections must conform to the varieties and functions identified in this list unless alternative varieties are approved by the Urban Forester. 2 inch Medium Canopy Trees minimum caliper; Square Footage of Canopy Credit = 700 Common Name Botanical Name Cultivars* IF Function Height & Spread Hedge Maple -1 Acer campestre 1 Queen Elizabeth I B,IN,PP,S 35 x 30 Red Maple Acer rubrum Armstrong I B,IN,PP,S 60 x 15 Norway -Maple Aser-plataaeides I Olmsted B,It4 RRS 35-x-15 Purpleblow Maple Acer truncatum I Norwegian Sunset B,IN,PP,S,SB I 35 x 25 European Hornbeam Carpinus betulus I Fastigiate B,IN,PP,S,SB 35 x 25 Katsuratree Cercidiphyllum japonicum I B,IN,PP,S 45 x 45 I Yellowwood Cladrastis kentukea J B,IN,PP,S,SB ] 45 x 45 Honeylocust Gleditsia triacanthos inermis Halka B,IN,PP,S,SB 40 x 40 Honeylocust Gleditsia triacanthos inermis , Skyline B,IN,PP,S,SB 45 x 35 Honeylocust Gleditsia triacanthos inermis Shademaster B,IN,PP,S,SB 45 x 35 Carolina Silverbell Halsia tetraptera 1 B 35 x 25 Black Gum Nyssa sylvatica I B I 40 x 25 American Hop Hornbeam Ostrya virginiana I B,IN,PP,S,SB 35 x 25 Chinese Pistache Pistacia chinensis I B,IN,PP,S,SB 35 x 25 Sassafras Sassafras albidum B/Shade 45 x 35 Alternate cultivars and species will be considered with the approval of the Urban Forester. Evergreen Shrubs (18-inch minimum height) Common Name Botanical Name Function English Yew Taxus baccata B,IP,PP,SB Japanese Yew I Taxus cuspidata B,IP,PP Azalea I various species) B Chinese Holly Ilex comuta* B,IP,PP - 36 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Evergreen Shrubs (18-inch minimum height) Common Name Botanical Name Function Japanese Holly Ilex crenata* B,IP,PP,SB I Holly Ilex spp. I B,PP,SB Euonymus II (various species1 1371124212 Spreading Juniper Juniperus spp. I B,IP,PP,SB Japanese Falsecypress Chamaecyparis pisifera B,PP,SB Wintergreen Barberry Berberis julianae B,PP Laurel I Prunus Iauroceraus* B,IP,PP *Use appropnate size cultivars for interior parking landscaping. Note that ground covers must be used on slopes 2:1 or greater Deciduous and Flowering Shrubs (18-inch minimum height) Common Name Botanical Name Function Abelia (various species)* B,IP,PP I Azalea (various species) B I BarteFFy (various-speeiec)* B-4RRRri6 Cotoneaster various species) B,IP,PP,SB Forsythia (various species) B,PP I Vibumum (various species) B,PP,SB wed-€uenymmus (various -species)* B,IP,PP,SB Chokeberry Aronia arbutifolia B Spirea (various species)* I B,IP,PP,SB I Cinquefoil Potentilla spp. B,IP,PP,SB I Fothergilla (various species) B Sweetspire !tea virginica B,IP,PP,SB I Sweetshrub Calycanthus floridus B Wieglea (various species) B,PP *Use appropriate size cultivars for interior parking landscaping Note that ground covers must be used on slopes 2:1 or greater. Ground cover Common name-1 Botanical name Function Aluga a-FePan4E+4% B English ivy Hedera-helix B Pachysandra Pachysandra terminalis B Ground Juniper I (various species) B Dwarf Cotoneaster 1 (various species) B Periwinkle Y sa-ruiner 8 Lirope (various species) B -37- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. *Use appropriate size cultivars for interior parking landscaping. Note that ground covers must be used on slopes 2:1 or greater. SECTION XXXI. That Sub -subsection 15.6.1.A (SPECIAL EVENT SIGN) of Subsection 16.6.1 (SIGNS REQUIRING TEMPORARY SIGN PERMIT) of Section 15.6 (TEMPORARY SIGNS) of Article 15 (SIGN REGULATIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended., be and the same is hereby amended to read as follows: 15.6.1.A. Special Event Sign. The sign shall will be attached to an existing principal structure or -sign, and shall not exceed 24 square feet in area or six feet in height. Display of the sign is limited to 14 continuous days, three (3) times a year with a separate permit required for each display period. The sign shall be removed within twenty-four (24) hours of the expiration date of the permit . SECTION XXXII. That Sub -sub -subsection 15.7.2.C.5 (PERMANENT WINDOW SIGNS) of Sub -subsection 15.7.2.0 (WALL/MARQUEE SIGN -DEVELOPMENT STANDARDS) of Subsection 15.7.2 (DEVELOPMENT STANDARDS FOR PERMITTED SIGN TYPES) of Section 15.7 (REGULATIONS APPLICABLE TO ALL SIGNS) of Article 15 (SIGN REGULATIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended., be and the same is hereby amended to read as follows: 15.7.2.C.5. Permanent Window Signs; Additional Restrictions. Permanent window signs shall be limited to 25 percent of the window area, inclusive of all ground floor windows, or 16 square feet, whichever is less. and -shall -be ineluded-in-the-ealeulatien-ef-the-permissible-squar-e— footage-for-wall-signs SECTION XXXIII. That Subsection 17.2.2 (CIVIL VIOLATIONS AND PENALTIES) of Section 17.2 (TYPES OF VIOLATIONS) of Article 17 (ENFORCEMENT AND -38- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. PENALTIES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 17.2.2 Civil Violations and Penalties A. The violation of any of the following ordinance provisions shall constitute a civil violation: 1. Zoning Permit (Sec. 3.7) 2. Fences and Walls (Sec. 10.4.5C.6) 3. Application for Occupancy Permit (Sec. 3.9) 4. Historic District Permit (Sec. 7.5.5) 5. Certificate of Approval (Sec. 7.6.4) 6. Sign Permit (Sec. 15.2) 7. Historic District Sign Permit (Sec. 15.11.1) 8. Prohibited Signs (Sec. 15.5) 9. Sign Requiring Temporary Sign Permit (Sec. 15.6.1) 10. Maintenance of Signs (Sec. 15.7.3) 11. Removal of Obsolete Signs (Sec. 15.6.17.3.D) 12. Identification of Handicapped Parking (Sec. 11.6.2B.3) 4.37 13. Conformance with Certificate of Appreprte Approval (Sec 3.11.13) 14. Use Regulations -Residential (Sec. 5.1.2 thru 5.9.2) 15. Use Regulations -Commercial (Sec. 6.1.2 thru 6.7.2) 16. Use Regulations -MC District (Sec. 7.2.2) 17. Maximum Sound Levels-dBA (Sec. 7.9.3) 18. Prohibited Home Occupations (Sec. 9.4.3 D.) 19. Use Limitation-HO (Sec. 9.4.3 E.) 20. Minimum Yard Requirements (Sec. 10.4.5 C. 1-11) 21. Use of Parking and Loading Areas (Sec. 11.5 1-3) 22. Pavement Requirements (Sec. 11.6.1 D.) 23. Outdoor Lighting (Sec. 12.11 A-C) B. All civil violations shall be punishable by a fine of $100.00 $200.00 for the initial violation and $1-50.00 $500.00 for each additional violation of the same ordinance section. C. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall specified violations arising from the same operative set of facts be charged more frequently than once in any ten (10) day period. -39- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. D. In no event shall a series of specified civil violations arising from the same operative set of facts result in civil penalties that exceed a total of $ 000.00 $5,000.00. Nothing in this subsection shall be construed as prohibiting the Zoning Administrator from initiating civil injunction procedures in cases of repeat offenders. SECTION XXXIV. That Subsection 17.3.2 (CIVIL VIOLATIONS) of Section 17.3 (ENFORCEMENT PROCEDURES AND REMEDIES) of Article 17 (ENFORCEMENT AND PENALTIES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 17.3.2 Civil Violations A. Upon becoming aware of a civil violation of this Zoning Ordinance, the Zoning Administrator or authorized agent thereof, may issue a ticket or civil summons for such civil violation shafge-the-pefserreemmittirtg-er-permitting-sush-vielatien through the ; of ., Notice „f Civil C;tation B. If the person summoned or issued a ticket for a civil re pon^ib1e f r the alleged violation wishes to appeal the summons or ticket to the Board of Zoning Appeals, the appeal shall be taken within 30 days after the issuance of the summons or citation by filing with the Zoning Administrator, and with the Board of Zoning Appeals, a notice of appeal specifying the grounds thereof denies that of ation e i ^t^ the pe ^al the C. Any person charged-€er such summoned or issued a ticket for a civil violation may make an appearance in person or in writing by mail to the Finance Department prior to the date fixed for trial in court, or, if no date has been fixed for trial, within 30 days from the date of issuance of the summons or ticket. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. enter ^ w iver of twat admit liabilite-penalty-te4he-Leesber-g-Depaftment-ef-Finanee-within--3-0-days eff et a „lg ..t afro rt nd shaft „t be at ct; D. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the General District Court to-staild-tfial in the same manner and with the same right of appeal as provided for by law. An admission of liability or a finding of liability shall not be deemed a criminal conviction for any purpose. - 40 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION XXXV. That the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended by deleting Subsection 17.3.3 (REVOCATION OF HOME OCCUPATION PERMIT) of Section 17.3 (ENFORCEMENT PROCEDURES AND REMEDIES) of Article 17 (ENFORCEMENT AND PENALTIES), as follows: 17 Z 3 Revocation of Hom„ Occupatio„ Dcrmit 1 I.✓.✓ 1\{.�Viil6 specified above in Sec. 17.2.1 or Sec. 17.4 have been complied with. SECTION XXXVI. That Subsection 18.1.64 (FLOOR AREA RATIO (FAR)) of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 18.1.64 Floor Area Ratio (FAR) A ratio of a site's building area to land area. It is calculated by dividing total gross floor area of all buildings on a lot measured to the outside of walls, by the total lot area. (For example, a 25,000 square foot building on a 100,000 square foot lot has an FAR of 0.25.) However, see Sec. 8.5.3.D for calculation of floor area ratio in a Planned Development District. SECTION XXXVII. That the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended by adding a Subsection 18.1.85A (LANDSCAPE CONTRACTOR) to Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS), to read as follows: 18.1.85A Landscape Contractor An establishment providing for the planting and maintenance of gardens, grounds and yards; such use shall be inclusive of lawn mowing services that employ more than one person. -41- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION XXXVIII. That the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended by adding a Subsection 18.1.164A (SITE PLAN WAIVER) to Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS), to read as follows: 18.1.164A Site Plan Waiver The proposal for a development of an in -ground swimming pool or land disturbance of 1,000 to 3,000 square feet of land, including topography, drainage, building locations, and such other information as required by the Subdivision and Land Development Regulations. The words No Adverse Impact Certification, when used in this Zoning Ordinance, shall mean Site Plan Waiver. SECTION XXXIX. That Sub -subsection 1.10.5.B (PLATS AND PLANS) of Subsection 1.10.5 (PENDING APPLICATIONS) of Section 1.10 (TRANSITIONAL PROVISIONS) of Article 1 (INTRODUCTION) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: B. Plats and Plans. All preliminary or final subdivision plats, boundary line adjustments, No n a impact P1ans Site Plan Waivers, plats of vacation or preliminaryfFinal development -plans -Site Plans officially accepted prior to February 25, 2003, shall be processed pursuant to the provisions of the Zoning Ordinance in effect at the time of acceptance. SECTION XL. That Sub -sub -subsection 1.10.5.D.2 (FINAL DEVELOPMENT PLAN OR SUBDIVISION PLAT) of Sub -subsection 1.10.5.D (ZONING PERMIT ISSUED/PLAN APPROVAL ISSUED PRIOR TO EFFECTIVE DATE) of Subsection 1.10.5 (PENDING APPLICATIONS) of Section 1.10 (TRANSITIONAL PROVISIONS) of Article 1 (INTRODUCTION) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 2. Final Development Site Plan or Subdivision Plat. A Final Site Plan or subdivision plat, or any amendment thereof, was lawfully approved prior to - 42 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. February 25, 2003, and the approval had not by its own terms expired prior to February 25, 2003. SECTION XLI. That Subsection 3.1.7 (PROOF OF PAYMENT OF REAL ESTATE TAXES) of Section 3.1 (GENERAL) of Article 3 (REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 3.1.7 Proof of Payment of Real Estate Taxes Prior to initiation of an application for a Zoning Map Amendment, Zoning Concept Plan or Proffer Amendment, Special Exception, Variance, Development Final Site Plan, B.A.R. Permit or Zoning Permit approval, applicant shall provide satisfactory evidence from the Director of Finance that any real estate taxes due and owed to the Town which have been properly assessed against the property have been paid. SECTION XLII. That Subsection 3.3.16 (PROFFERS) of Section 3.3 (ZONING MAP AMENDMENTS (REZONINGS)) of Article 3 (REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 3.3.16 Proffers As part of an application for a rezoning, a property owner may voluntarily proffer in writing the provision of reasonable conditions to apply in addition to the requirements provided for in the applicable regulations. If an applicant desires to proffer reasonable conditions, such proffered conditions may include written statements, development site plans, profiles, elevations, and/or other demonstrative materials and shall be subject to the following procedures and regulations: A. The applicant shall submit signed proffers in writing to the Land Development Official not less than twenty-one (21) calendar days prior to Planning Commission public hearing. B. Any proffered conditions shall be signed by all persons having an ownership interest in the property and shall be notarized. Proffered conditions shall contain a statement that the owners voluntarily enter into the conditions contained therein. C. Any proffered conditions shall run with the land and be under the control of the record owner. - 43 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. D. Upon approval of a rezoning with proffers, any inal Site Plan, subdivision plat, or other application for development thereafter submitted shall be in conformance with all proffered conditions. No plan or plat shall be approved without said conformance. E. For purposes of this section, conformance shall be determined by the Zoning Administrator and shall mean that conformance which leaves a reasonable margin for adjustment due to final design and engineering data but conforms with the general nature of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations and other demonstrative materials proffered by the applicant. F. Once signed proffered conditions are submitted and the public hearing before the Town Council has begun, no substantial modification to any proffered condition shall be made unless, by majority vote, the Town Council authorizes such modification. SECTION XLIII. That Sub -subsection 3.4.16.A (LAPSE OF APPROVAL) of Subsection 3.4.16 (TERMINATION OF USE) of Section 3.4 (SPECIAL EXCEPTIONS) of Article 3 (REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 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 afinal-development plan Final Site Plan has been officially accepted for review. Notwithstanding the foregoing, special exception approval shall lapse and be 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. SECTION XLVI. Subsection 3.7.5 (DEVELOPMENT PLANS) of Section 3.7 (ZONING PERMITS) of Article 3 (REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 3.7.5 Development Final Site Plans Where a development -plan Final Site Plan has been submitted to and approved by the Leesburg Planning Commission in accordance with the provisions of Chapter 13, Article IV, of the Leesburg Town Code, one copy of the approved development -plan Final Site - 44 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Plan may be substituted for the plans required above. The Final Site Plan case number must be indicated on the permit along with a copy of the plan approval letter issued by the staff project planner. SECTION XLV. Sub -subsection 3.12.2.E (EXEMPTIONS) of Subsection 3.12.2 (EXEMPTIONS) of Section 3.12 (COMMISSION PERMITS (PUBLIC PROJECT REVIEW)) of Article 3 (REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: E. Public areas, facilities or uses that are identified within, but are not the entire subject of, an application for subdivision plat approval or development plan Final Site Plan approval, may be deemed to be a feature shown on the Town Plan if the Town has defined standards governing the construction or establishment of such area, facility or use or the Town Council has approved it through the acceptance of a proffer in accordance with applicable procedures of this Zoning Ordinance. SECTION XLVI. That Subsection 7.7.10 (DISCLOSURE STATEMENTS) of Section 7.7 (A-1, AIRPORT OVERLAY DISTRICT) of Article 7 (OVERLAY AND SPECIAL PURPOSE DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 7.7.10 Disclosure Statements A disclosure statement shall be placed on all subdivision plats, d Final Site Plans and deeds required for subdivision or development plan approval for any parcel or development within the Airport Noise Overlay District, identifying any lot which is located within the Airport Noise Overlay District. The statement must also identify the component of the District in which the lot is located. SECTION XLVII. Subsection 7.7.11 (AIRPORT NOISE OVERLAY USE LIMITATIONS) of Section 7.7 (A-1, AIRPORT OVERLAY DISTRICT) of Article 7 (OVERLAY AND SPECIAL PURPOSE DISTRICTS) of the Zoning Ordinance of the Town of - 45 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 7.7.11 Airport Noise Overlay Use Limitations In addition to the regulations for the zoning district over which an Airport Noise Overlay District is located, and in addition to the restrictions of the Airport Safety Zones set out in Sec. 7.7.4, the following use limitations shall apply within the Airport Noise Overlay District: A. Ldn 65+. In aircraft noise contours Ldn 65 or higher, residential dwellings shall not be permitted. However, new dwelling units and additions to existing dwellings may be permitted provided that: 1. The lot was recorded or had record plat approval prior to the adoption of this Ordinance; and 2. The new dwelling unit or addition complies with the acoustical treatment requirements for residential districts set forth in the Virginia Uniform Statewide Building Code. B. Ldn 60 to 65 Contours. 1. Disclosure Statement. A disclosure statement shall be required for all residential dwelling units to be constructed between the Ldn 60 to 65 aircraft noise contours. The subdivider or developer shall disclose in writing to all prospective purchasers that they are located within an area that will be affected by aircraft over -flights and aircraft noise. Such notification will be accomplished by inclusion of this information in all Homeowner Association Documents, and by inclusion on all subdivision plats and Final Site Plans development -plans, and within all deeds required for subdivision or development -plan Final Site Plan approval. 2. Acoustical Treatment. For all residential units located between the Ldn 60 to 65 aircraft noise contours, a subdivider or developer shall incorporate acoustical treatment into all dwelling units to insure that interior noise levels within living spaces (not including garages, sunrooms or porches) do not exceed an average noise level of 45 db(A) Ldn. Compliance with this standard shall be based upon a certification from an acoustical engineer licensed in the Commonwealth of Virginia, submitted at the time of zoning permit issuance, that the design and construction methods and materials to be used in the dwelling are such that the foregoing standard will be met, assuming exterior noise levels between Ldn 60 to 65. C. One Mile Buffer Area. A disclosure statement shall be required for all residential dwelling units to be constructed outside of, but within one (1) mile of the Ldn 60 aircraft noise contour. The subdivider or developer shall disclose in writing to all prospective purchasers that they are located within an area that will be affected by aircraft overflights and aircraft noise. Such notification will be -46- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. accomplished by inclusion of this information in all Homeowner Association Documents, and by inclusion on all subdivision plats and Final Site Plan and within all deeds required for subdivision or Final Site Plan developer approval. SECTION XLVIII. Sub -subsection 8.2.2.D (SUBMITTAL REQUIREMENTS) of Subsection 8.2.2 (PLANNED DEVELOPMENT (PD) REZONING PLANS) of Section 8.2 (PROCEDURES) of Article 8 (PLANNED DEVELOPMENT DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: D. Submittal Requirements. PD Rezoning Plan applications shall include all of the following information: 1. The proposed zoning classification of the planned development, the existing zoning of the subject property and the existing zoning of property adjacent to the subject property. 2. Proposed maximum numbers and types of dwellings. 3. Proposed non-residential uses by category. 4. Proposed maximum floor area of nonresidential buildings by type of use. 5. Proposed location and types of all uses, including open space. 6. Proposed public facility sites, areas and locations. 7. Proposed plan for landscaping all areas showing lawns, greens, tree cover, landscape screens and buffers, including plans for peripheral areas. 8. Proposed maximum building heights. 9. Proposed minimum lot areas, depth and width. 10. Proposed minimum yard requirements, where applicable. 11. Proposed maximum size, height and number of signs and proposed limitations and requirements on private signs. 12. A 1:2400 (one inch=200 feet) scale planimetric and topographic map of the property and land area within 200 feet thereof accurately drawn on the Loudoun County photogrammetric base maps and showing the boundary line and other features of the planned development, including the location of sensitive and critical environmental features as defined in the Town Plan and the location of all types of uses. 13. Proposed thoroughfare plan showing the general location and typical sections, excluding pavement design, of major arterials or primary thoroughfares, minor arterials or major thoroughfares, through collector and local collector roads and the projected ultimate traffic volume and level of service for each. 14. Proposed plan for pedestrian circulation, paths, bikeways and trails. 15. General location of off-street parking and loading facilities and proposed requirements for number, design and maintenance of off-street parking and loading facilities. - 47 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 16. Proposed limitations and requirements on buildings and land uses including accessory buildings and uses, such as home occupations. 17. Proposed requirements for screening of outdoor nonresidential uses. 18. Deed description and map of survey of the boundary and existing easements made and certified by a state certified land surveyor. 19. Names and mailing addresses of owners of the planned development. 20. Proposed name of the planned development. 21. The names of all abutting subdivisions and the names and mailing addresses of owners of record of abutting property. 22. Location, names and width of existing and proposed streets, parks and other public open spaces within and immediately adjacent to the proposed planned development. 23. All parcels of land and easements (existing or proposed to be dedicated) for public use and the conditions of each dedication. 24. Date, true north point, scale and a key map showing the general location of the proposed planned development. 25. The proposed plan for development phasing indicating the time schedule for submittal of Final Site Plans for the planned development. 26. Supporting justification, calculations and documentation to support statements of additional benefit to the public health, safety and welfare that justify additional residential density or floor area ratio of nonresidential buildings under Sec. 8.3.4 and Sec. 8.3.4D.4. 27. Plans, building elevations and architectural details sufficient to show Compliance with Sec. 8.2.2F.2.1. 28. Rezoning Plat. A rezoning plat, signed and sealed by a certified land surveyor, completed not longer than six (6) months in advance of the date of the application that contains the following information: 1. Boundaries of the entire property, with bearings and distances of the perimeter property lines and of each existing and proposed zoning district. 2. Total area of the property and of each existing and proposed zoning district presented in square feet and acres. 3. Scale and north arrow, with north, to the extent feasible, oriented to the top of the plat. 4. Location of all existing buildings and structures. 5. Names and route numbers of all boundary roads or streets, and the width of existing rights -of -way 29. All submittal documents shall be submitted in a format specified by the Town. 30. All plans shall be submitted in a digital format specified by the Town. SECTION XLIX. Sub -subsection 8.3.7.D (REQUIREMENTS FOR LANDSCAPING IN ALL PLANNED DEVELOPMENTS) of Subsection 8.3.7 (REQUIREMENTS FOR LANDSCAPING IN ALL PLANNED DEVELOPMENTS) of Section 8.3 (GENERAL - 48 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. DEVELOPMENT STANDARDS) of Article 8 (PLANNED DEVELOPMENT DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: D. No final Development Final Site Plan or Record Plat shall be approved until the subdivider or developer has furnished to the town a cash deposit, corporate surety bond (in a form approved by the Town Attorney), or other guarantees satisfactory to the Town Council. The amount must be sufficient to cover the estimated costs, as determined by a landscape architect, of installation and construction of all landscaping shown on the approved plat or Final Site Plan . The cash deposit, bond or other guarantee shall be conditional upon and guarantee the installation and construction of all landscaping shown on the plans and shall be released upon installation and construction of landscaping in accordance with the plans. The subdivider or developer shall further guarantee the maintenance and replacement, as necessary, of landscaping for two years after installation and shall furnish a cash deposit, corporate surety bond, or other guarantees satisfactory to the Town Council in an amount equal to ten percent of the costs of installation and construction of landscaping shown on the approved plat or Final Site Plan development plan. The cash deposit, bond or other guarantees shall be released upon certification by the Zoning Administrator that the required landscaping has been completed and maintained in accordance with the requirements of the bond. SECTION L. Sub -subsection 8.6.5.F (FREE STANDING BUILDINGS) of Subsection 8.6.5 (USE LIMITATIONS) of Section 8.6 (PEC, PLANNED EMPLOYMENT CENTER DISTRICT) of Article 8 (PLANNED DEVELOPMENT DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: F. Free Standing Buildings. Restaurants, drive -through banks, fast-food restaurants, service stations, hotel/convention centers, convenience retail stores, and other similar uses may be located in free-standing buildings; provided, however, that such uses shall be architecturally compatible with the adjacent buildings and shall not have frontage or direct access to a major or minor arterial street as defined in the adopted Town Plan. Such uses shall be an integral design element of an employment building complex of not less than 30,000 square feet of gross floor area and shall be allowed only in those locations shown on an approved Final Site Plan . - 49 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION LI. Subsection 8.6.7 (FLOOR AREA RATIO) of Section 8.6 (PEC, PLANNED EMPLOYMENT CENTER DISTRICT) of Article 8 (PLANNED DEVELOPMENT DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 8.6.7 Floor Area Ratio The maximum floor area ratio within a Planned Employment Center shall not exceed the maximum described in the ordinance approving the PD Rezoning Plan or the maximum established by Sec. 8.3.4D.4, provided that any individual lot in a PEC District may have a Floor Area Ratio up to a maximum of 0.6 provided that the total maximum FAR specified in the ordinance creating the PEC District is not exceeded, and subject to the following requirements: A. FAR Averaging Plan. The applicant shall submit a plan at the time of subdivision plat or development -plan Final Site Plan submission that demonstrates unified control and identifies Floor Area Ratios requested for specific lots land bays and their land area acreages to show that the overall FAR will not be exceeded, or the applicant may identify on a development plan Final Site Plan a like -sized lot under unified control where the FAR shall be reduced below the specified maximum so that the combined FAR of the two lots shall not exceed the overall Floor Area Ratio for the district. B. Subdivision Plat and Development Plan Notation. For any lot with a Floor Area Ratio of other than 0.4, a tabulation indicating the FAR Averaging Plan shall be shown on the subdivision plat and any Final Site Plans . C. Restrictive Covenant. Whenever subdivision lots or development plan Final Site Plans are submitted under the FAR Averaging option described in this section, a restrictive covenant that sets forth the FAR Averaging Plan shall be included in the deeds necessary for subdivision or development -plan Final Site Plan approval. The restrictive covenant shall run with the land and must be in a form approved by the Town Attorney. SECTION LII. That Subsection 11.1.3 (PROCEDURES) of Section 11.1 (GENERAL) of Article 11 (PARKING, LOADING, AND PEDESTRIAN ACCESS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 11.1.3 Procedures; Development Final Site Plan or Subdivision Requirement -50- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. An application for Final Site Plan or subdivision plat approval, as appropriate, shall be required prior to the construction of any new or expanded off-street parking and loading facilities for all uses other than single-family detached and duplex dwellings, pursuant to the procedures established in Division 3 Section 13 64 of the Leesburg Subdivision and Land Development Regulations. Any plans for restriping or modifying the number of parking or loading spaces shall be approved by the Zoning Administrator upon the submittal of a parking lot plan which complies with all applicable ordinance requirements. SECTION LIII. That Subsection 11.1.4 (PERMANENCE OF REQUIREMENTS) of Section 11.1 (GENERAL) of Article 11 (PARKING, LOADING, AND PEDESTRIAN ACCESS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 11.1.4 Permanence of Requirements No owner or operator of any structure or use shall discontinue, dispense with or cause a reduction in pedestrian access or in the number of required off-street parking or load spaces without establishing alternative vehicular parking and/or loading facilities which meet the requirements of this article. Any structure or use which is altered or expanded in a manner which would warrant the provision of additional off-street parking or loading facilities shall provide such facilities in compliance with this article prior to occupancy of the altered or expanded portion of the use. If, as a result of amendments to this Zoning Ordinance regarding the number and/or size of parking or loading spaces, an existing use is determined to have an excess number of spaces, such space may be removed upon approval of a revised Final Site Plan . SECTION LIV. That Subsection 12.1.2 (GENERAL APPLICABILITY) of Section 12.1 (GENERAL) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 12.1.2 General Applicability The provisions of this article shall apply to all Final Site Plan development -plan and subdivision applications approved after February 25, 2003, including those which include the reconstruction and enlargement of existing structures. This article does apply to the enlargement of any parking lot, but does not apply to the resurfacing of any existing -51 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. parking lot. This article shall apply to the construction of any parking lot with greater than five (5) spaces and the construction, extension or widening of any street. SECTION LV. That Subsection 12.2.1 (LANDSCAPE PLAN REQUIRED) of Section 12.2 (ADMINISTRATION) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 12.2.1 Landscape Plan Required A landscape plan meeting the requirements of this article is required for all subdivision plat and Final Site Plan applications as described in Sections 13 62 and 13 71 Divisions 2 and 3 of the Subdivision and Land Development Regulations. SECTION LVI. That Sub -sub -subsection 12.2.4.C.2 (PLANNED DEVELOPMENTS) of Sub -subsection 12.2.4.0 (BONDS) of Subsection 12.2.4 (MONITORING AND ENFORCEMENT) of Section 12.2 (ADMINISTRATION) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 2. Planned Developments. No Final Site Development Plan or Final Plat within a Planned Development District shall be approved until the subdivider or developer has furnished to the town a cash deposit, corporate surety bond (in a form approved by the Town Attorney), or other guarantees satisfactory to the Town Council to ensure installation of all required landscaping. The bond shall be supported by (1) an estimate prepared by a landscape contractor of the cost of installing and constructing all landscaping shown on the approved subdivision plat or development plan. This amount must be determined to be sufficient by the Land Development Official. The surety shall be conditioned upon and shall guarantee the installation and construction of all landscaping shown on the plans and shall be released upon installation and construction of the landscaping in accordance with the plans. (2) The subdivider or developer shall further guarantee the maintenance and replacement, as necessary, of landscaping for two years after installation and shall furnish a cash deposit, corporate surety bond or other guarantees satisfactory the Town Council in an amount equal to ten percent (10%) of the - 52 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. costs of installation and construction of landscaping shown on the approved subdivision plat or development plan. This guarantee shall be released upon certification by the Zoning Administrator that the required landscaping has been completed and maintained in accordance with the requirements of the bond. SECTION LVII. That Section 12.3 (TWENTY-YEAR TREE CANOPY REQUIREMENTS) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 12.3.1 Requirements All submittals of a final subdivision plats or Final Site Plans under Article 13 of pursuant to the Subdivision and Land Development Regulations shall include a plan for the preservation, planting and/or replacement of trees on the site to the extent that, at maturity of twenty years, minimum tree canopies or covers will be provided in the areas designated in the Town of Leesburg Zoning Ordinance as follows: A. Ten percent (10%) tree canopy for a site zoned business, commercial or industrial. B. Ten percent (10%) tree canopy for a residential site zoned twenty (20) or more units per acre. C. Fifteen percent (15%) tree canopy for a residential site zoned more than ten (10) but less than twenty (20) units per acre. D. Twenty percent (20%) tree canopy for a residential site zoned ten (10) units or less per acre. E. Every platted lot shall have a minimum tree canopy coverage of 2 1/2 percent or 3,000 sq. ft, whichever is less. F. If the full canopy requirement cannot be achieved on -site, the requirement may be met by off site planting at the discretion of the Land Development Official. G. For the purpose of this section, "site" shall include all of the area within a property boundary, either as proposed on the final subdivision plat or Final Site Plan or the existing property (property line to property line). In instances where a small portion of land is not being subdivided out of a larger tract of land and is the subject of a Final Site Plan application, the Land Development Official may accept the smaller site area for canopy calculation purposes. For multi -phased or sectioned subdivisions, canopy may be calculated for the overall subdivision. 12.3.2 Calculations and Exceptions A. Tree preservation credit. Existing tree cover within any proposed subdivision plat or developer Final Site Plan shall be retained to the greatest extent possible and taken fully into account in the design of the improvements, grading of the property and calculation of the minimum tree canopy requirement. Such calculation shall be measured - 53 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. in square feet. Credit will be given as 1.5 times the full diameter of the tree's dripline. For example, for a 30 feet diameter canopy, credit will be given for a 45 feet diameter save area . 1. Hedgerows. Hedgerows exceeding five (5) feet in height preserved at property boundaries may meet the requirements of screening and may be included in the tree canopy calculation as square foot coverage as required by this article. Such measurement shall be taken at the drip line of the existing vegetation. The hedgerows must be identified by type. 2. Trees. Existing trees preserved on -site may be used in the tree canopy calculation as a sq. ft. coverage, including parking lot landscaping and street plantings required by this article. Any existing trees used to meet the minimum canopy requirements of the ordinance must be identified by type and be at least four -inch (4") caliper, in healthy condition and be protected from construction activity. Such protection procedures shall be illustrated on the Erosion and Sedimentation Control Plan. 3. Exceptional Trees. Trees of exceptional size, specimen type, canopy, historic value or age preserved may be credited as up to four (4.0) trees of the same function group for the minimum tree canopy calculation purposes of this article if approved by the Land Development Official. B. Tree planting credit. Street trees shall be counted toward required tree canopy cover. Planted trees that may qualify for the minimum tree canopy calculation shall include trees in interior parking lot landscaping, perimeter parking lot landscaping, foundation planting, buffer yard screening, landscaped open space, tree replacement and other trees that are planted on the site. The minimum tree canopy calculations for the planted trees shall be based on the projected twenty-year tree cover area for each tree as shown in Sec. 12.9.6 (Tree Selection and Cover Guide). Other trees and larger tree sizes may be given tree cover credit in the minimum tree canopy calculation with submission of supporting tree cover data to the Land Development Official. The minimum size planted tree that will qualify for tree cover credit shall meet the minimum height and caliper requirements of Sec. 12.9.2. C. Exclusions from minimum tree canopy calculations. An exclusion from the minimum tree canopy requirement is permitted for areas comprised of the following features which shall be identified and shown on the subdivision plat or Final Site Plan 1. Lakes and retention ponds, based on the normal water surface elevation, and swimming pools. Embankment, dam, or other control devices and easements in conjunction with the facility. 2. Lands under active commercial production or management of agricultural, horticultural or forest crops; landfills and quarries. 3. Major utility distribution easements of twenty-five (25) feet or more in width. 4. Floodplains and preserved wetlands. 5. Farmland or areas devoid of woody material. 6. Dedicated school sites. - 54 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 7. Playing fields and other non -wooded recreation areas. 8. Dedicated right -of -way -streets. SECTION LVIII. That Subsection 12.4.1 (APPLICABILITY) of Section 12.4 (STREET TREES) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 12.4.1 Applicability Street tree planting is required any time a street is constructed, extended or widened, including any capital improvement projects, and all development applications, including Site Plan Waivers , 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 shall be located within the public rights -of -way except where the Land Development Official and the Director of Engineering and Public Works determine unacceptable conflicts with public facilities will result. SECTION LIX. That Subsection 12.8.1 (APPLICABILITY) of Section 12.8 (BUFFERS AND SCREENING) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 12.8.1 Applicability The buffer -yard and screening requirements of this section shall apply to all new construction, including Site Plan Waivers and enlargement of existing structures constituting more than fifty percent (50%) of the floor area of the existing structure. SECTION LX. That Sub -subsection 12.8.2.D (CREDIT FOR EXISTING BUFFER) of Subsection 12.8.2 (BUFFER -YARDS) of Section 12.8 (BUFFERS AND SCREENING) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning - 55 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: D. Credit for Existing Buffer. Any existing buffer -yard proposed to be saved by a subdivision or Final Site Plan development -plan, which complies with the intention of this article, shall be deemed to meet these buffer -yard requirements. The plant material to be saved must be identified and illustrated to show their size and height and must be in a healthy condition. SECTION LXI. That Sub -subsection 12.8.2.E (BUFFER -YARDS ADJACENT TO A VACANT PARCEL) of Subsection 12.8.2 (BUFFER -YARDS) of Section 12.8 (BUFFERS AND SCREENING) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: E. Buffer -Yards Adjacent to a Vacant Parcel. Final Site Plans Developplaffs and subdivisions proposed adjacent to vacant parcels of property shall only be required to provide one-half of the required buffer yard set forth in Sec.12.8.3. SECTION LXII. That Sub -subsection 12.8.2.F (BUFFER -YARDS ADJACENT TO A DEVELOPED SITE) of Subsection 12.8.2 (BUFFER -YARDS) of Section 12.8 (BUFFERS AND SCREENING) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: F. Buffer -Yards Adjacent to a Developed Site 1. Existing Development Complying with Buffer Requirement. Whenever a Final Site Plan or subdivision is proposed adjacent to a developed property that has provided one hundred percent (100%) of the required buffer -yard the adjacent proposed development or subdivision must provide at least one half of the width of the buffer -yard required by Sec. 12.8.3. This provision shall apply unless modified by Sec. 12.8.5. 2. Existing Development Not Complying with Buffer Requirement. Whenever - 56 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. a development -plan Final Site Plan or subdivision is proposed adjacent to a developed property that has not provided any or all of the required buffer, the adjacent proposed development or subdivision shall provide the balance of the buffer -yard required by Sec. 12.8.3. This provision shall apply unless modified by Sec. 12.8.5. Properties residentially zoned or used as single-family detached dwellings developed prior to October 22, 1986 shall not be determined to have provided a buffer -yard as defined in this section. SECTION LXIII. That Sub -subsection 12.8.5.A (PROPERTIES IN THE H-1 OVERLAY DISTRICT) of Subsection 12.8.5 (MODIFICATION OF SCREENING AND BUFFER -YARD REQUIREMENTS) of Section 12.8 (BUFFERS AND SCREENING) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: A. Properties in the H-1 Overlay District. Buffer -yards may be reduced or eliminated at the discretion of the Land Development Official for development -plans Final Site Plans or subdivisions in the H-1 Overlay District. An opaque screen accomplished through the construction of architectural features, walls or the planting of vegetative materials may be required as a substitute for all or a portion of the required buffer -yard. The Board of Architectural Review must approve these screens. Any such modification issued by the Land Development Official shall be in writing and shall set forth the reasons for granting the modification. SECTION LXIV. That Sub -subsection 12.8.5.E (COMBINED DEVELOPMENT PLAN) of Subsection 12.8.5 (MODIFICATION OF SCREENING AND BUFFER -YARD REQUIREMENTS) of Section 12.8 (BUFFERS AND SCREENING) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: - 57 - AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. E. Combined Final Site Development Plan. The Land Development Official may modify or reduce the requirements for screening and buffer -yards when the adjoining land uses are developed under a combined Final Site Plan development -plan. SECTION LXV. That Subsection 12.10.1 (PURPOSE) of Section 12.10 (OPEN SPACE) of Article 12 (LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 12.10.1 Purpose The Open Space regulations of this section require the establishment and maintenance of improved open space to provide adequate light, air and space to residents or occupants of all developments. These regulations require the establishment of a non-profit organization to be responsible for the maintenance of common improvements in all developments and subdivisions, and shall apply to all Final Site Plans development -plans and subdivision applications submitted after February 25, 2003. The regulations below separately address open space in residential and nonresidential developments. SECTION LXVI. That Subsection 15.13.2 (OPTIONAL COMPREHENSIVE SIGNAGE PLAN) of Section 15.13 (SIGNS IN PLANNED DEVELOPMENT DISTRICTS) of Article 15 (SIGN REGULATIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 15.13.2 Optional Comprehensive Signage Plan In order to allow greater design flexibility, planned development applications may include a comprehensive signage plan indicating the types, general location, size, height and design of proposed signs. Such a comprehensive signage plan shall be reviewed by the Planning Commission and approved by the Town Council as part of the Final Site Plan procedures. SECTION LXVII. That Subsection 18.1.8 (APPLICATION, ACTIVE) of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of -58- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 18.1.8 Application, Active Any Zoning Map Amendment application, Zoning Modification application, Concept Plan Amendment application, Special Exception application, Preliminary or Final Record Plat application, Preliminary or Final Site Development Plan application, which has been officially accepted by the Town and which is not an inactive application or has not been withdrawn or has not received a final decision. SECTION LXVIII. That Subsection 18.1.9 (APPLICATION, INACTIVE) of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 18.1.9 Application, Inactive Any Zoning Map Amendment application, Zoning Modification application or Concept Plan Amendment application officially accepted by the Town for processing but which has had processing suspended either by request of the applicant or by having no contact or activity occur in regard to the application by the applicant for a period of twelve months, or any Special Exception application, Preliminary-er Final Site Development Plan application, Preliminary or Final Record Plat application officially accepted by the Town for processing but which has had such processing suspended either by request of the applicant or by having no contact or activity occur in regards to the application by the applicant for a period of six months. SECTION LXIX. That Subsection 18.1.10 (APPLICATION, REACTIVATED) of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 18.1.10 Application, Reactivated Any Zoning Map Amendment application, Zoning Modification application, Concept Plan Amendment application, Special Exception application, Preliminary or Final Record Plat application, Final Site Development Plan application which was classified as inactive which the applicant subsequently notifies the Town in writing of their desire to have the application brought to final decision. -59- AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION LXX. That Subsection 18.1.174 (SUBDIVISION AND LAND DEVELOPMENT REGULATIONS (SLDR)) of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 18.1.174 Subdivision and Land Development Regulations (SLDR) The Subdivision and Land Development Regulations of the Town of Leesburg, adopted by the Town Council to establish subdivision and Final Site Plan standards and procedures for development within the Town. SECTION LXXI. This Ordinance shall become effective on October 1, 2007 and shall apply to all new land development applications accepted after the effective date. SECTION LXXII. If any provision of this Ordinance is declared invalid, the decision shall not affect the validity of the Ordinance as a whole or any remaining provisions of the Ordinance. PASSED this 25th day of September 2007. en C. mstattd, Mayor Town of Leesburg ATTEST: erk of Council ORD07:TLOA-2007-0003 ORDINANCE