HomeMy Public PortalAbout2012_04_10_O011The Town of
Leesburg,
Virginia
ORDINANCE NO.:
AN ORDINANCE:
PRESENTED April 10, 2012
2012-0-011 ADOPTED April 10, 2012
AMENDING THE LEESBURG ZONING ORDINANCE
REGARDING EXTENDED FAMILY RESIDENCES TO
PERMIT THE USE BY RIGHT IN ACCORDANCE WITH
SPECIFIC USE STANDARDS
The Town Council of Leesburg, Virginia, ordains:
SECTION 1. That the following sections of the Zoning Ordinance of the Town of
Leesburg, Virginia, 2003, as amended, be and the same are hereby amended to read
as follows:
Sec. 5.4 Single-Famil Residential District
5.4.2 Use Regulations
R-4 Uses
Use
Use Standards
Definition
Residential Uses
Extended Family Residence
P/S Sec.9.3.11
1 Sec.18.1.60
Sec. 5.5 R-6 Moderate Density Residential District
5.5.2 Use Regulations
R-6 Uses
Use
Use Standards
Definition
Residential Uses
Extended Family Residence
P/S Sec.9.3.11
Sec.18.1.60
Sec. 5.7 R-8 Medium-Densi Attached Residential District
5.7.2 Use Regulations
R-8 Uses
Use
Use Standards
Definition
Residential Uses
Extended Family Residence
PIS
Sec.9.3.11 I
Sec.18.1.60
-2-
AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE
REGARDING EXTENDED FAMILY RESIDENCES TO
PERMIT THE USE BY RIGHT IN ACCORDANCE WITH
SPECIFIC USE STANDARDS
Sec. 9.2 Use Table
Use Type
R
E
R
1
2
4
6
R
H
D
8
R
1
6
2
2
0
1
1
2
3
4
1
P+ Permitted by Right S+ Special Exception Approval Required (Sec 3.4
Residential Uses
Use
Standard
Extended Family
Residence
P/
S
P/
S
P/
Sec. 9.3.11
9.3.11 Extended Family Residence
An extended family residence shall be permitted by right when all of the following
regulations are met. If any one of these regulations cannot be complied with, then
an application for special exception will be required for the extended family residence
use.
A. Area Limitation. An extended family residence shall be limited to a maximum
of nine hundred (900) square feet.
B. Main Residence Occupancy. An extended family residence may only be
approved when the main residence is owner occupied.
C. Location. An extended family residence may be designed to be located within
the single-family dwelling with separate entrance or in a conforming accessory
structure; however, it may not be located in a nonconforming accessory
structure or structure made conforming as a result of a variance. The extended
family residence shall not be separately metered for electricity or water. New
structures built as an extended family residence shall only be permitted in the
rear yard of a single-family detached residence.
D. Yard Requirements. A new structure built as an extended family residence
must be separated from the principal residence by a minimum of ten (10) feet,
must be located in the rear yard and shall meet the district regulations for side
and rear yard setbacks for the district in which the extended family residence is
located.
E. D Occupancy Limitation. The occupant(s) of an extended family residence
will be limited to specific family members related by blood, marriage, adoption
or legal guardianship. At no time may the number of occupants of an extended
family residence exceed two (2).
F. E. Temporary Neer) The intention of this use is to meet a temporary need At
no time may the number of occupants of an extended family residence --exceed
two-(2),
-3-
AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE
REGARDING EXTENDED FAMILY RESIDENCES TO
PERMIT THE USE BY RIGHT IN ACCORDANCE WITH
SPECIFIC USE STANDARDS
H. G. F. Acknowledgement of Understanding. The owners of the single-family
dwelling must certify his/her understanding that an extended family residence is
limited by the conditions in this ordinance or presented in the special -exception
approval letter, including: number of occupants, who the occupant(s) will be,
the relation of the occupant(s) to the main resident(s), and the location and size
of the extended family residence. This certification shall be attached to the
approval letter as an exhibit.
i
required
l An iupl_Re-c+ertification The owners) of the main residence must re certify
annually that the special exception conditions as approved by Council are met
so that the -extended faamily residence-tlse may continue. The owners) shall
submit -a signed and notarized certifiedletter stating his/her compliance no later
than January 2'd of each year.
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 provisions of the zoning ordinance.
SECTION IV. This ordinance shall be in effect upon its passage and shall apply
to all new land development applications accepted after the effective date.
PASSED this 10th day of April 2012.
'cztfit-Zp
Iris en C. mstattd, Mayor
Town of Leesburg
ATT
Clerk of Cou
P:1Ordinances1201210410 Amending the ZO - Extended Family Residences.doc