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HomeMy Public PortalAbout2010_09_28_O020The Town of Leesburg, irginia PRESENTED: September 28, 2010 ORDINANCE NO. 2010-0-020 ADOPTED: September 28, 2010 AN ORDINANCE: AMENDING ARTICLE 6, SECTIONS 6.4.2 (B-2), 6.5.2 (B-3), 6.7.2 (I- 1) AND ARTICLE 9, SECTIONS 9.2 USE TABLE, 9.3 USE STANDARDS AND ARTICLE 18 DEFINITIONS OF THE LEESBURG ZONING. The Council of the Town of Leesburg in Virginia hereby ordains: SECTION I. That the following sections of the Zoning Ordinance of the Town Leesburg, Virginia, 2003, as amended, be and the same are hereby amended to read as follows: 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. 8-2 Uses Use $ Use Standards Definition Commercial Uses Bank with drive-in facility © I Sec. 18.1.14 1 Bank without drive-in facility P Sec. 18.1.14 Bowling alley P Sec. 18.20 1 Car wash I S Sec. 9.3.3 Sec. 18.1.27 Catte ®Sec. 9.3.12.1 Sec. 18.1.271 J Child care center S Sec. 18.1.29 Commercial Inn I P Sec. 18.1.86 [Conference center 1S 'Sec. 18.1.37 [Convenience food store ] S Sec. 9.3.6 I Sec. 18.1.39 Eating establishment with drive-in facility S Sec. 18.1.55 Eating establishment without drive-in facility rj Sec. 9.3.9 Sec. 18.1.55 Electric and/or plumbing supply SA Sec. 9.3.10 l I Emergency care facility © Sec. 18.1.58 Funeral home 0 Sec. 18.1.69 I Home occupation 0 'Sec. 18.1.80 Hotel/motel Sec. 18.1.83 Kennel © Sec. 9.3.12 Sec. 18.1.88 -2- AN ORDINANCE: AMENDING ARTICLE 6, SECTIONS 6.4.2 (B-2), 6.5.2 (B-3), 6.7.2 (I- 1) AND ARTICLE 9, SECTIONS 9.2 USE TABLE, 9.3 USE STANDARDS AND ARTICLE 18 DEFINITIONS OF THE LEESBURG ZONING 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 Commercial Uses Bank with drive-in facility S Sec. 18.1.14 Bank without drive-in facility P Sec. 18.1.14 Bowling alley S Sec. 18.1.20 1 Car wash IS Sec. 9.3.3 Sec. 18.1.27 Cattery Sec. 9.3.12.1 Sec.18.1.27.1 Child care center P Sec. 9.3.4 Sec. 18.1.29 Commercial Inn IP Sec. 18.1.86 Conference center IA Sec. 18.1.37 Convenience food store A Sec. 9.3.6 ]Sec. 18.1.39 Eating establishment with drive-in facility A Sec. 18.1.55 Eating establishment without drive-in facility i0 Sec. 9.3.9 Sec. 18.1.55 1 Electric and/or plumbing supply A Sec. 9.310 Emergency care facility Ig Sec. 18.1.58 Funeral home IA Sec. 18.1.69 1 Hotel/motel g Sec. 18.1.83 Lumber and/or building material sales without outdoor storage P Sec. 9.3.13 Sec. 18.1.101 Lumber and/or building material sales with outdoor storage IS Sec. 9.3.13 Sec. 18.1.101 Mailing Services g Sec. 18.1.102 Office g Sec.18.1.121 I Outdoor storage AS Sec. 18.1.127 Outdoor storage, Vehicles AS Parking structure, private IJ Sec. 18.1.135 Recreation facility Q Sec. 9.3.21 Sec. 18.1.156 ' Retail centers under 100,000 square feet and/or retail uses Sec. 18.1.158, 18.1.159 Retail centers over 100,000 square feet S Sec. 18.1.158 School, special instruction d Sec. 9.123 Sec. 18.1.164 1 Service station AS Sec. 9.3.24 Sec. 18.1.169 -3- AN ORDINANCE: AMENDING ARTICLE 6, SECTIONS 6.4.2 (B-2), 6.5.2 (B-3), 6.7.2 (I- 1) AND ARTICLE 9, SECTIONS 9.2 USE TABLE, 9.3 USE STANDARDS AND ARTICLE 18 DEFINITIONS OF THE LEESBURG ZONING 6.7.2 Use Regulations Uses are allowed in the 1-1 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 districts, see the Use Table in Sec. 9.2. Commercial Uses Arts center, in existing building only P Sec. 18.1.11 Cattery Sec. 9.3.12.1 Sec. 18.1.27.11 Child care center, in existing building only S Sec. 9.3.4 Sec. 18.1.29 Child care center, ancillary to new office building only P Sec. 9.3.4 Sec. 18.1.29 [College or university ; Sec. 18.1,33 Conference center © Sec. 18.1.37 Diagnostic laboratory, in existing building only © Sec. 18.1.42 Eating establishment without drive-in facility a Sec. 9.3.9 Sec. 18.1.54 I Electric and/or plumbing supply S Sec. 9.3.10 Electronic Data Storage Center P Sec. 18.1,57 Heliport S Sec. 18.1.77 I Hotel/motel lE Sec. 18.1.83 Kennel It Sec. 9.3.9 Sec. 18.1.88 Lumber and/or building material sales without outdoor storage P Sec. 18.1.101 Lumber and/or building material sales with outdoor storage 1 S Sec. 9.3.13 J Sec.18.1.101 Museum P Sec.18.1.111 Office 1 P Sec. 18.1.1211 Outdoor storage S Sec. 18.1.127 Outdoor storage, Vehicles S Parking structure, private © Sec. 18.1.135 Telecommunications Facility: Antenna P Sec. 9.3.26.A Sec. 18.1.7 Printing and/or publication, in existing building only 0 Sec. 18.1.148 Recreation facility, in existing building only Q Sec. 9.3.21 ,Sec. 18.1.156 School, General Education, in existing building only to Sec. 18.1.162 rschool, Special Instruction, in existing building only II Sec. 9.3.20 1 Sec. 18.1.164 Telecommunications Facility: Monopole S Sec. 9.3.26.E Sec. 18.1.108 -4- AN ORDINANCE: AMENDING ARTICLE 6, SECTIONS 6.4.2 (B-2), 6.5.2 (B-3), 6.7.2 (I- 1) AND ARTICLE 9, SECTIONS 9.2 USE TABLE, 9.3 USE STANDARDS AND ARTICLE 18 DEFINITIONS OF THE LEESBURG ZONING Sec. 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. Use Type R E ----�- RRRR 1 2 4 6 1 1 H D R 8 6 Z 2 0 1 . r B 1 BBB 2 ---- 3 4 t 1 Use Standard P = Permitted by Right S = Special Exception Approval Required Sec. 3.4) Agricultural Uses Farming P ❑❑I❑❑❑❑IluuL JUU I Nursery 11J.._1❑❑❑❑❑U❑� JJJJ ' Stable IL ]LJ..., (.__.I_I LLLII.JLI_J`.-..I_1 PJ CommercialUses I Bank with drive-in facility SSSS Bank without drive-in facility 1 ❑ PPPP Bed and breakfast inn IS S S S ❑ P Bowling alley I ❑❑ P S Car wash ❑❑ S S S Sec. 9.3.3 Caffery P P P Sec. 9.3.12.1 Child care center SSS SS SSSSS PP S Sec. 9.3.4 Commercial Inn ❑ PPPP Conference center ❑❑ PSSSSS Convenience food store ❑ ❑ S S ❑ S Sec. 9.3.8 Country club I P P ❑❑ Eating establishment with drive-in }facility S S S Eating establishment without drive-in jfacility ___________ PPPPS Sec. 9.3.9 Electric and/or plumbing supply I S SS S Sec. 9.3.10 I Electronic Data Storage Center ❑❑❑❑ P Emergency care facility I S❑❑❑ SSSPP❑ I Funeral home ❑ S P S ❑ Golf course I P P ❑ Golf driving range S ❑ I Heliport ❑❑ S S I Home occupation PPPPPPPPP PP P Hotel/motel ❑ SPPSS -5- AN ORDINANCE: AMENDING ARTICLE 6, SECTIONS 6.4.2 (B-2), 6.5.2 (B-3), 6.7.2 (I- 1) AND ARTICLE 9, SECTIONS 9.2 USE TABLE, 9.3 USE STANDARDS AND ARTICLE 18 DEFINITIONS OF THE LEESBURG ZONING Use Type RRR E 1 2 RR 4 6 H p R 8 R2 2 BBBB 12 3 4 Use Standard Indoor vehicle auctions U Kennel S J 00 S S Sec. 9.3.12 9.3 Use Standards Add 9.3.12.1 Cattery A. The operator shall maintain all facilities within a fully enclosed structure that is adequately soundproofed and constructed so there is no emission of odor or noise detrimental to other property in the area. B. The operator shall comply with the Virginia Department of Aqricultural and Consumer Services Division of Animal Industry Services laws. Article 18 Definitions Add 18.1.27.1 Cattery: Any place or establishment, located within a fully enclosed structure, in which cats are kept or boarded for a fee. Amend 18.1.88 Kennel Any place or establishment, in which dogs, cats, and other domestic animals are kept, boarded or bred or trained for Gema fee. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the Leesburg Town Code. SECTION IV This ordinance shall be effective upon its adoption. -6- AN ORDINANCE: AMENDING ARTICLE 6, SECTIONS 6.4.2 (B-2), 6.5.2 (B-3), 6.7.2 (I- 1) AND ARTICLE 9, SECTIONS 9.2 USE TABLE, 9.3 USE STANDARDS AND ARTICLE 18 DEFINITIONS OF THE LEESBURG ZONING PASSED this 28th day of September, 2010. C. stattd, Mayor Town of Leesburg A Clerk o C•Tcil P:1Ordinances1201010928 Amending Article 6 of the ZO to Permit Catteries.doc L