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Home My Public Portal About2014_01_14_O002The Town of Leesburg, 'irginia ORDINANCE NO. AN ORDINANCE: PRESENTED: January 14, 2014 2014-0-002 ADOPTED: January 14, 2014 AMENDING ARTICLES 6, AND 9 OF THE LEESBURG ZONING ORDINANCE TO PERMIT MICROBREWERY AS A PERMITTED USE IN THE B-1, B-2, B-3 AND B-4 ZONING DISTRICTS, AND AMENDING ARTICLE 13 TO ELIMINATE THE REQUIREMENT FOR SPECIAL EXCEPTION APPROVAL FOR UTILITIES, PUBLIC FACILITIES AND IMPROVEMENTS IN THE FLOODPLAIN The Council of the Town of Leesburg in Virginia hereby ordains: SECTION I. That the following sections of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, by and the same are hereby amended to read as follows: Sec. 6.3 B-1 Communit Downtown Business District 6.3.2 Use Regulations Uses are allowed in the B-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. B-1 Uses Use Use Standards 1 Definition Commercial Uses Brewpub P ISec.9.3.2.1 Sec. 18.1.20.1 Brewpub with Silo S Sec. 9.3.2.1 Sec. 18.1.20.1 Microbrewery P Sec. 9.3.13.1 I Sec. 18.1.104.1 Sec. 6.4 B-2 Established Corridor Commercial District 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 AN ORDINANCE: AMENDING ARTICLES 6, AND 9 OF THE LEESBURG ZONING ORDINANCE TO PERMIT MICROBREWERY AS A PERMITTED USE IN THE B-1, B-2, B-3 AND B-4 ZONING DISTRICTS, AND AMENDING ARTICLE 13 TO ELIMINATE THE REQUIREMENT FOR SPECIAL EXCEPTION APPROVAL FOR UTILITIES, PUBLIC FACILITIES AND IMPROVEMENTS IN THE FLOODPLAIN 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-2 Uses Use 11 11 Use Standards II Definition Commercial Uses Brewpub P 'Sec. 9.3.2.1 -I Sec. 18.1.20.1 Brewpub with Silo S Sec. 9.3.2.1 ]Sec.18.1.20.1 Microbrewery SIP Sec. 9.3.13.1 Sec. 18. 1.104.1 Sec. 6.5 B-3 Communit Retail/Commercial District 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 Brewpub Brewpub with Silo Microbrewery Commercial Uses P ISec. 9.3.2.1 I Sec. 18.1.20.1 Use Standards II Definition S Sec. 9.3.2.1 SIP Sec. 9.3.13.1 Sec. 18.1.20.1 Sec. 18. 1,104.1 Sec. 6.6 B-4 Mixed -Use Business District 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 AN ORDINANCE: AMENDING ARTICLES 6, AND 9 OF THE LEESBURG ZONING ORDINANCE TO PERMIT MICROBREWERY AS A PERMITTED USE IN THE B-1, B-2, B-3 AND B-4 ZONING DISTRICTS, AND AMENDING ARTICLE 13 TO ELIMINATE THE REQUIREMENT FOR SPECIAL EXCEPTION APPROVAL FOR UTILITIES, PUBLIC FACILITIES AND IMPROVEMENTS IN THE FLOODPLAIN 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-4 Uses Use Use Standards Definition Commercial Uses Brewpub P Brewpub with Silo Microbrewery S s/P Sec. 9.3.2.1 ISec. 18.1.20.1 Sec. 9.3.2.1 Sec. 18.1.20.1 Sec 18. 1.104.1 Sec. 9.3.13.1 Sec. 9.2 Use Table Use Type Commercial Uses Brewpub R R R R R R R R R o B E 1 12 4 6 p 8 6 2 1 1; P = Permitted by Right S = Special Exception Approval Required (Sec. 3.4) Brewpub with Silo Microbrewery 1 r u 4 Use Standard P p p p 11 lSec. u s s j s Sec. 9.3.2.1 P ES INS P/ P Sec.9.3.13.1 Sec. 9.3 Use Standards 9.3.13.1 Microbrewery A. By Right. Microbreweries are permitted by right in accordance with the use standards provided below: 1. The microbrewery prepares handcrafted beers, and/or other malt beverages, distributed for off -premises consumption in hand -capped or sealed containers in quantities up to one-half barrel (15.5 gallons), up to a maximum of 5,000 barrels (31 gallons per barrel) per year. 2. A. All brewing ingredients shall be stored indoors, in sealed containers, off the floor, and in accordance with all applicable Health Department regulations.. AN ORDINANCE: AMENDING ARTICLES 6, AND 9 OF THE LEESBURG ZONING ORDINANCE TO PERMIT MICROBREWERY AS A PERMITTED USE IN THE B-1, B-2, B-3 AND B-4 ZONING DISTRICTS, AND AMENDING ARTICLE 13 TO ELIMINATE THE REQUIREMENT FOR SPECIAL EXCEPTION APPROVAL FOR UTILITIES, PUBLIC FACILITIES AND IMPROVEMENTS IN THE FLOODPLAIN 3,B. All exhaust from the brewing process shall be collected in a non -venting, stack condenser -type system and not vented directly into the atmosphere. 4.-G. Any spent grains intended for pick-up or delivery for use as feed shall be stored in containers kept indoors prior to pick-up/delivery. 5.-+` . Any dumpsters where spent grains or other bi-product of the brewing process are disposed of shall be secured so as to block odors and prevent rodent infiltration. 6. A microbrewery shall be separated from a public school by a minimum of 200 feet. Special Exception. Microbreweries shall require special exception approval in the following cases: 1. The proposed microbrewery does not comply with all four of the standards for a by right microbrewery set forth in Sec. 9.3.2.1.A. 2. Storage silos may only be permitted by special exception. Sec. 13.2 Use Re• ulations 13.2.2 Special Exception Uses The following uses may be permitted in the Floodplain when reviewed and approved as a Special Exception use in accordance with the procedures of Sec. 3.4, provided that they are not prohibited by this or any other ordinance. A. Structures, except for mobile homes, accessory to the uses and activities in Sec. Error! Reference source not found.. transmission lines, pipe lines and other similar uses. Special exception approval shall not be required when it can be satisfactorily demonstrated to the Land abutments or other structures that are constructed in the floodplain. C. B. Temporary uses such as circuses, carnivals and similar activities. D. C. Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning. AN ORDINANCE: AMENDING ARTICLES 6, AND 9 OF THE LEESBURG ZONING ORDINANCE TO PERMIT MICROBREWERY AS A PERMITTED USE IN THE B-1, B-2, B-3 AND B-4 ZONING DISTRICTS, AND AMENDING ARTICLE 13 TO ELIMINATE THE REQUIREMENT FOR SPECIAL EXCEPTION APPROVAL FOR UTILITIES, PUBLIC FACILITIES AND IMPROVEMENTS IN THE FLOODPLAIN E. D. Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural developments shall be undertaken in strict compliance with the flood -proofing provisions contained in all other applicable codes and ordinances. 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. PASSED this 14th day of January, 2014. ATTEST: Clerk of Counci ‘Krist-nn C. Uinstattd, Mayor Town of Leesburg P:\Ordinances12014\01 l4 Amending the ZO re Microbreweries and utilities in the floodplain.docx