HomeMy Public PortalAbout2015_02_10_O004The Town of
Leesburg,
Virginia
ORDINANCE NO: 2015-0-004 ADOPTED: February 10, 2015
PRESENTED: February 10, 2015
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
The Town Council of Leesburg, Virginia, ordains:
SECTION I. 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:
1.) Section 3.1.3. Application Completeness and Accuracy
3.1.3 Application Completeness, Accuracy, and Substantial Amendment
A. Required Completeness and Accuracy. An application will be considered
complete if:
1. it is submitted in the required number and form;
2. it includes all mandatory information;
3. it is accompanied by the applicable fee; E;,:
4. all information material to the application is accurate. This provision does
not preclude the identification and correction of inaccurate or misleading
information submitted by the applicant after an application is accepted: and,
5. Proof of Payment of all Taxes and Other Charges: Prior to submission of
an application by the owner of the subject property, the owner's agent, or
any entity in which the owner holds an ownership interest greater than 50
percent, for a Zoning Map Amendment, Zoning Concept Plan or Proffer
Amendment Special Exception, Variance, Site Plan. B.A.R. Permit, Zoning
Permit or prior to the issuance of final approval. applicant shall provide
satisfactory evidence from the Director of Finance that any delinquent real
estate taxes. nuisance charges, stormwater management utility fees due
and any other charges that constitute a lien on the subiect property, that are
owed to the Town which have been properly assessed against the property
have been paid. (Per Sec. 15.2-2286.B. of the Code of Virginia. 1950. as
amended.)
-2-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
3.1.7 of -Real -Estate -Taxes xes Reserved
or any which the owner holds an ownership interest greater than 50 percent, for a Zoning
Map Amendment, Zoning Concept Plan or Proffer Amendment, Special Exception,
Variance, Site Plan, B.A.R. Permit, Zoning Permit or prior to the issuance of final
satisfactory evidence from the Director of Finance that
any delinquent real estate taxcc, nuisance charges, ctormwatcr managcmcnt utility fccs
due and any other charges that constitute a lien on the subject property, that are owed to
the Town which have been properly asse&sed against the property have been paid.
2.) Section 3.1.9. Public Hearing Notices
3.1.9 Public Hearing Notices
Each public hearing involving planning and zoning matters before the Town Council,
Planning Commission or Board of Zoning Appeals requires notice, as set out in Sec.
15.2-2204 of the Code of Virginia, 1950, as amended, and as set forth below
A. Written Notice.
1. Landowner Initiated Cases. In any case involving a zoning map amendment,
special exception or variance which is initiated at the request of a
landowner, such landowner shall be designated by the Planning
Commission, Town Council or Board of Zoning Appeals as the appropriate
and responsible party for sending any written notice required by this section
and Section 15.2-2204 of the Code of Virginia, 1950, as amended.
2. Cases Involving 25 or Fewer Tax Map Parcels. For a zoning map
amendment, special exception or variance that involves 25 or fewer tax map
parcels, the Planning Commission, Town Council, Board of Zoning Appeals,
or designee as appropriate shall provide written notice of the public hearing
to:
a. Owners, etc. The owner or owners, their agent or the occupant, of
each parcel involved and to the owner or owners, their agent or the
occupant, of all abutting property and property immediately =d
-3-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
diagonally across the street or road from the property affected, including
those properties which lie in other localities of the Commonwealth.
b. Planned Development District: In addition, if any portion of the
affected property that is the subject of a proffered zoning map
is within a planned development district then written
notice of a public hearing shall be provided to any incorporated property
owners associations within the planned development district that have
members owning property located within 2,000 feet of the affected
property Iar►dewner-subject tc sty
accordance with § 15.2 2302 of the Code of Virginia, 1950, as amended.
c. Public Land: In addition, when a proposed amendment to the zoning
ordinance involves a tract of land not less than 500 acres owned by the
Commonwealth or by the federal government, and when the proposed
change affects only a portion of the larger tract, notice need be given
only to the owners of those properties that are adjacent to the affected
area of the larger tract.
d. When/Type of Mail: Notice shall be sent at least ten (10) calendar days
before the hearing by registered or certified mail to the last known
address of an owner as listed in the current Loudoun County real estate
tax assessment records or current real estate tax assessment books.
e. Continued Hearing: If the hearing is continued, notice shall be re -
mailed.
3. Cases Involving More Than 25 Tax Map Parcels. For a zoning map
amendment, special exception or variance application that involves more
than 25 tax map parcels, the Planning Commission, Town Council, Board of
Zoning Appeals, or designee as appropriate shall provide written notice of
the public hearing to:
a. Owners, etc. The owner, owners, or their agent of each parcel involved
and to the owner or owners, or their agent of all abutting property and
property immediately and diagonally across the street or road from the
property affected, including those properties which lie in other localities
of the Commonwealth.
b. Planned Development District: In addition, if any portion of property
that is the subject of a proffered zoning map amendment and/or is within
a planned development district then written notice of a public hearing
shall be provided to any landowner subject to such existing proffered
conditions in accordance with § 15.2-2302 of the Code of Virginia. 1950,
as amended.
-4-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
c. When/Type of Mail: Notice shall be sent at least ten (10) calendar days
before the hearing by first class mail to the last known address of an
owner as listed in the current Loudoun County real estate tax
assessment records or current real estate tax assessment books.
d. Continued Hearing: If the hearing is continued, notice shall be re -
mailed.
4. Zoning Ordinance changes that decrease density. For a Zoninq Ordinance
text change that decreases the allowed dwelling unit density of any parcel of
land, the Planning Commission or its representative shall provide written
notice of the public hearing to:
a. Owners, etc. The owner, owners, or their agent of each parcel involved
and to the owner or owners. or their agent of all abutting property and
property immediately across the street or road from the property
affected, including those properties which lie in other localities of the
Commonwealth. However. written notice of such changes to zoning
ordinance text regulations shall not have to be mailed to the owner.
owners or their agents of lots shown on a subdivision plat approved and
recorded pursuant to the Subdivision and Land Development
Regulations where such lots are less than 11,500 square feet.
b. When/Type of Mail: Notice shall be sent at least ten (10) calendar days
before the hearing by first class mail to the last known address of an
owner as listed in the current Loudoun County real estate tax
assessment records or current real estate tax assessment books.
c. Continued Hearing: If the hearing is continued, notice shall be re -
mailed.
5. Notice to Adjoining Localities. When a comprehensive plan amendment,
zoning map amendment, or special exception application involves any
parcel of land located within one-half mile of a boundary of an adjoining
locality of the Commonwealth, written notice of the application shall be given
by the local commission, or its representative, at least ten (10) calendar
days before the hearing to the chief administrative officer, or his designee,
of such adjoining locality.
6. Contents of Written Notice. All required written notice shall contain:
a. The time, date and place of hearing;
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AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
b. A brief description of the matter being heard;
c. Identification of the land that is the subject of the application (including
the tax map number of the property and complete street address of the
property, if any); and
d. The assigned case file number.
7. Notice by Town. Notwithstanding any other provisions of this section,
whenever the notices required under this section are sent on behalf of an
agency, department or division of the Town, such notice shall be sent by the
Zoning Administrator and may be sent by first class mail; however, the
Zoning Administrator shall make affidavit that such mailings have been
made and file such affidavit with the papers in the case.
8. Certification. At least five (5) calendar days prior to the hearing, an affidavit,
prepared by the person or persons, or their representative providing notice,
shall be filed with the Director of Planning and Zoning certifying that written
notices have been sent and such affidavit shall include a list of names of
those to whom notice was sent. A copy of such affidavit shall be presented
at the beginning of the public hearing on the application.
9. Failure to Receive Notice. Failure to receive any notice of a hearing required
by this section, in and of itself, shall not invalidate any action taken at or
subsequent to the hearing.
10. Condominium Ownership. In the case of a condominium, written notice may
be sent to the unit owners' association instead of to each individual unit
owner.
11. Notice to County. For a comprehensive plan amendment, a zoning map
amendment, or special exception application involving any parcel of land
located within one-half mile of a boundary of an adjoining locality in the
Commonwealth, then written notice shall also be given by the Zoning
Administrator to the chief administrative officer or his designee, of such
adjoining locality. Such notice must be mailed at least ten (10) days prior to
the hearing.
12. Notice to Airport Owner. For a comprehensive plan amendment, a zoning
map amendment, or special exception application involving any parcel of
land located within 3.000 feet of a boundary of a licensed public -use airport,
then written notice shall also be given at least thirty (30) days before the
public hearing to the owner of the public -use airport, and the notice shall
advise of the opportunity to submit comments or recommendations.
-6-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
13. Notice involving Electric Transmission Corridors. When a comprehensive
plan amendment designates or alters previously designated corridors or
routes for electric transmission lines of 150 kilovolts or more, written notice
shall also be given by the Zoning Administrator to each electric utility with a
certified service territory that includes any part of such designated electric
corridor transmission corridors or routes at least ten (10) days prior to the
hearing.
14. Board of Architectural Review Written Notice. For cases before the Board of
Architectural Review, the town shall mail written notice of the public hearing
by first class mail at least ten (10) calendar days prior to the public hearing.
B. Placard Notice. Placard notice shall be posted by the applicant, using a form
of placard approved by the Town Council, at least fifteen (15) calendar days
and no more than twenty (20) calendar days prior to each public hearing.
Certification of posting shall be provided to the Director of Planning, Zoning and
Development, except that such certification shall be provided to the Zoning
Administrator for public hearings before the Board of Zoning Appeals.
1. Location of Placards. Placards shall be affixed to a pole, post, fence or other
structure to be clearly visible from each public road abutting the property. If
no public roads abut the property, then the placard shall be posted so as to
be clearly visible from at least two abutting properties and at the access
points to said property. Placards shall be weatherproof.
2. Contents of Placards. Placards shall contain:
a. The time, date and place of the hearing;
b. A brief description of the matter being heard;
c. Identification of the land that is the subject of the application including
the property tax identification number, tax map number and complete
address of the property, if any; and
d. The assigned case file number.
3. Maintenance and Removal of Placards. The applicant shall maintain all
placards up to the time of the hearing and shall remove all posted placards
no later than fifteen (15) calendar days after the public hearing has been
closed.
4. Penalties. It shall be unlawful for any person to destroy, deface or remove
such placard notice. Any person taking such action shall be subject to the
penalties set forth in Sec. 17.3.
C. Newspaper Notice. The Town shall give newspaper notice prior to each
public hearing.
-7-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
1. Type of Newspaper. Notice shall be published in a newspaper or
newspapers of general circulation in the locality
2. Contents of Newspaper Notice. The notice shall contain:
a. The time, date and place of the hearing;
b. A brief description of the matter being heard;
c. Identification of the land that is the subject of the application including
the property tax identification number, tax map number and complete
address of the property, if any;
d. In the case of a zoning map amendment, including an amendment to an
approved concept plan, or a modification of ordinance regulations, the
general usage and density range of the proposed zoning amendment,
and the general usage and density range, if any, set forth in the Town
Comprehensive Plan shall be included within the notice; and
e. The assigned case file number.
f. References to the place or places in the Town where copies of the
proposed plans, ordinances or amendments may be examined.
3. Time of Newspaper Notice. The notice shall appear at least once a week for
two (2) successive weeks with not less than six (6) days elapsing between
the first and second publication. and -with -the The second advertisement
shall be published no more than twenty-one (21) calendar days and no
fewer than :-: five (5) calendar days prior to the public hearing.
D. Notice Requirements for Particular Hearings. The following hearings
require the following form of notice:
1. Appeals to Town Council. Public hearings on appeals to the Town Council
require that the Town provide newspaper notice of the hearing.
2. Appeals to Board of Zoning Appeals. Public hearings on appeals to the
Board of Zoning Appeals require that the Town provide newspaper notice of
the hearing.
3. Subm+sa+on--Re +rements A esolta-to be presented to th yn
Council pursuant to. Sec. 2.1.1.G shall be advertised in a newspaper of
general circulation in the County at least twenty (20) calendar days before
consideration of the resolution by the Town Council.
E. Cost of Notice. The cost of all notice required by this section shall be paid by
the applicant. The costs of placing the original newspaper notice are included in
the application fee. However, The cost of newspaper notices for re -hearings or
-8-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
additional hearings required by the applicant's actions shall be paid by the
applicant.
F. Additional Notice Required.
1. Deferral. If an item is not heard at the time for which it was noticed and the
public hearing is not opened, but is deferred or continued at that time to
another date, all notice required by this section shall be given for the
deferred public hearing.
2. Recessed Closed Public Hearings. If a public hearing is closed begun but
the particular agenda item is not completed, thereby requiring the meeting to
be recessed, no additional notice is required as long as the date(s) for
completion of the public hearing agenda is announced at the hearing that
has been recessed closed.
Circumstance
WRITTEN
NOTICE
Written
REQUIREMENTS
Recipient
When/Mailing Type
Section
Rezoning, S.E. or variance
involving less than 25
parcels
3.1.9.A.2.a
Yes
See Sec. 3,1.9.2,a-d
10 days prior to
hearing by registered
or certified mail
Rezoning, S.E. or variance
involving more than 25
parcels
3.1.9.A.3
Yes
See Sec. 3.1.9.2.a-b
10 days prior to
hearing by registered
or certified mail
Zoning Ordinance text
change that decreases
density
3.1.9.A.4
Yes
3.1.9.A.4.a
10 days prior to
hearing by 1st class
mail
Town Plan amendment,
Rezoning or S.E. within 1/23.1.9.A.5
mile of adjoining locality
Yes
Chief admin. officer, or
his designee, of such
adjoining locality
10 days prior to
hearing
Town Plan amendment,
Rezoning or S.E. within
3,000 feet of public
airport
3.1.9.A.12
Yes
Owner of airport
30 days prior to
hearing
-9-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
Town Plan amendment
designates or alters
routes of electric
transmission lines of 150
kilovolts or more
3.1.9.A.13
Yes
Each electric utility with a
certified service territory
that includes any part of
the designated routes
10 days prior to
hearing
B.A.R. meeting
3.1.9.A.14
Yes
Adjacent property
owners
10 days prior to
hearing by 1st class
mail
3.) Section 3.7.1 When Zoning Permits Required
3.7.1 When Permits Required
No wall, building, structure, or part thereof, shall be built, constructed, reconstructed,
moved, altered or added to, and no excavation or filling
operation shall -be commenced, no activity which requires a Loudoun County building
permit shall commence; er and no change in use or nonresidential tenancy shall be
permitted until an application is has-been rnade submitted and a zoning permit is issued
by the Zoning Administrator, in accordance with the provisions of this Zoning Ordinance.
Change in nonresidential tenancy shall not be construed to mean a change of business
name or a change in the ownership/operator of a legally permitted business.
4.) Section 3.10.2 Required Contents of Applications
3.10.2 Required Contents of Applications
A. General. When making application for a Certificate of Appropriateness,
applicants must submit information for consideration by the Board of Architectural
Review, including the following:
-10-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
1. All affected architectural elevations, floor plans, and roof plan drawn to scale
showing existing conditions, proposed alterations, and proposed new
construction;
2. Site plans drawn to scale with land parcel boundaries showing footprints of
existing buildings, footprints of proposed new construction, and required
setbacks;
3. Complete materials list including product specification sheets and/or material
or samples of materials as deemed necessary;
4. Photographs of the affected building elevations and any deteriorated
conditions. For proposed new construction, photographs or drawings relating
the proposed project to the surrounding streetscape;
5. Proposed colors including color chips from the paint manufacturer;
6. Ligh-t-ing; and Exterior light fixtures and/or lighting plan when required by
Article 12.
7. La4sGir}g-A landscape plan when required by Article 12 ,
8. A narrative providing justification for the request; and
9. For the replacement of windows in contributing historic resources, an
assessment of each window proposed for replacement including a statement
of condition, photographs, and the following detailed information:
a. Dimensions of the window opening and size of the proposed replacement
window;
b. Depth of reveal for the existing and proposed window;
c. Proportions of the window frame and sash for the existing and proposed
window;
d. Configuration of window panes in the existing and proposed window;
e. Muntin profiles for the existing and proposed window;
f. Material of the proposed window-,
g. Paint color;
h. Characteristics of the glass in the proposed window; and
i. Associated window details such as arched tops, hoods, or other decorative
elements.
5.) Section 3.11.16 Lapse of Approval
3.11.16 Lapse of Approval
A Certificate of Appropriateness (COA) shall lapse and become void unless:
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AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
A. Construction has commenced within twenty-four (24) months from the date the
COA was issued ; or.
B. Prior to the sunset of twenty-four month period in (A.) above, the applicant has
obtained a six-month extension from the Zoning Administrator by clearly
demonstrating to the Zoning Administrator diligent pursuit of other necessary land
development approvals. The Zoning Administrator shall include notification of the
request for an administrative extension to adjacent property owners. There is no
limit to the number of six-month extensions that an applicant may obtain.
6.) Section 6.3.3. Density/Intensity and Dimensional Standards
6.3.3. Density/Intensity and Dimensional Standards
All development in the B-1 District shall be subject to the following standards (See also
Article 10):
B-1 District Standards
A Minimum Lot Area (square feet)
Single -Family Detached I
4,000
Single -Family Attached Interior Lots
2,000
Single -Family Attached Corner and End Lots
3,000
Duplex, Vertical
3,000 .
Duplex Horizontal
6,000
Multi -Family
10,000 [8
All Other Development
None
[j Multi -family dwellings shall be permitted by -right in the B-1
District, up to a maximum of five (5) units. However,
residential units and must can only be located above the first
floor of a eerrim rsi-or office building that fronts on a public
street in the following area: between the east side of Wirt
Street to the west side of Church Street, and between the
south side of Cornwall Street to the south side of Loudoun
-12-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
Street. For purposes of height measurement and lot size
limitations such buildings shall be considered nonresidential
uses.
Map showing the area where first floor non-residential is required in the B-1 District as described in
revised Section 6.3.3.Note [8] above.
9.3.15. Multi -family Development and Attached Single -Family Development
I. Multi family dwellings shall be permitted by right in the B 1 District, up to a
maximum of five (5) units and must be located above the fir^
or office building. For purposes of height measurement and lot size limitations such
buildings shall be consider .
-13-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
7.) Section 6.5.3. Density/Intensity and Dimensional Standards
6.5.3 Density/Intensity and Dimensional Standards
All development in the B-3 District shall be subject to the following standards (See also
Article 10):
B-3 District Standards
A. Minimum Lot Area square feet)
All Development
20,000
B. Minimum Lot Width (feet
All Development
200 1
C. Maximum Floor Area Ratio 10.35
None
D. Minimum YardslSetbacks feet
Front
40
Side
25
Rear
25
E. Maximum Building Height feet)
All Development I
45 2
F. Minimum Zoning District Area
(acres)
5[1]
8.) Section 8.4.8. Open Space Requirement for "Infill" PRN
8.4.8 Open Space Requirement for "Infill" PRN
A Planned Residential Neighborhood (PRN) located in an area designated in the Town
Plan as "Infill' on Map 6.3 therein Downtown shall provide at least fifteen percent (15%) of
the land area as public and common open space. In the H-1 Overlay, Old and Historic
District this open space requirement can be further reduced by the Land Development
Official with the concurrence of the Board of Architectural Review. The Land Development
-14-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
Official shall set forth in writing the reasons for granting such a waiver of the fifteen percent
(15%) open space requirement.
9.) Section 8.3. General Development Standards
8.3.2. Lot Size
No planned development shall be approved which contains lots with areas or widths less
than provided below for the dwelling types shown:
Dwelling Types
Lot Area
Lot Width
Single-family, detached
6,500 sq. ft. minimum -moo--more
55 40 feet minimum for
than-25-%-of-total-SFD-4}ts41-}
lots lees than 8,000 sq.
ft
than 75% of total SFD units.[11
9,000 cq. ft.
ft. and above
average[1}
Single-family, attached
(townhouses)
1,600 sq. ft. minimum no
18 feet minimum,
-more
than-25%-of total SFA units. {2}
interior,
2,000 sq. ft. minimum no fewer
28 feet minimum
75% total SFA
corner/end lots for lots
than of units. [2}
nnn r+ ,„o�, o r�i
less than 2,000 sq. ft.
20 feet for lots 2,000 sq.
ft. and above
Duplex
8,000 sq. ft.
75 feet
Multi -Family
10,000 square feet
75 feet
arGa shall be proposed so that the overall lot size averages out to 9,000 sq. ft. For example, if 100 SFD:-;
are proposod, then at least 900,000 sq. ft. of SFD lot area must be created (i.e.. 100 lots Y 9,000 sq. ft.
average - 900,000). If 25 of the lots are proposed to be 6,500 sq. ft., that is 162.500 sq. feet (25 lots
That means these 75 lots must average appr
average has been met shall-be-s- b tted part of the rezoning request.'
-15-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
ar a shall be proposed so that the overall lot size a
SFAs are proposed, then at least 200.000 sq. ft. of SFA lot area must be created (i.e., 100 lots
2,000 sq. ft. average - 200,000). If 25 of the lots are proposed to be 1,600 sq. ft., that is 40,000 sq.
ontain 160,000 sq. ft. (200,000 40,000
- 160,000). That means these 75 lots must average approximately 2,133 sq. ft. (with none less than
10.) Section 9.4. Accessory Uses
9.4.5 Electric Vehicle (EV) Charging Station
A. EV charging station may be permitted as an accessory to a parking facility when the
minimum standards provided below are met:
1. EV charging station spaces may be identified by non -illuminated signs measuring
no more than two (2) square feet, posted directly in front of each space at heights
between 42 inches and no more than 72 inches; and,
2. Commercial siqnage shall be limited to wrapping the charging station "pumps" with
cling -type appliques, paint or one non -illuminated, ground mounted sign measuring
no more than two (2) square feet.
3. If no existing parking lot lighting is available to provide adequate illumination for the
EV charging station, supplemental lighting may be provided in accordance with the
minimum lighting standards provided in Section 12.11 Outdoor Lighting.
11.) Section 9.3. Use Standards
-16-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
9.3.26Telecommunication Facilities
B. Antennas. Roof top mounted dipole/whip or panel antennas and related
unmanned equipment may be installed in those districts where permitted subject
to the minimum standards provided below. Note that these provisions do not
apply to antenna installed on utility transmission towers. (See power -mount
facilities in C. below):
1. Such antennas and related equipment may exceed the maximum building
height limitations, provided the use is in accordance with the development
criteria herein.
2. Dipole or whip antennas shall not exceed twenty (20) feet in height or
seven (7) inches in diameter and shall be of a material or color which
matches the exterior of the building or structure.
3. Directional or panel antennas shall not exceed five (5) feet in height or
two (2) feet in width and shall be of a material, color, or finish that
minimizes the visual impact of the structure and emulates the exterior of
the building or structure on which it is mounted.
4. Equipment structures located on the roof of a building shall not occupy
more than twenty-five (25%) percent of the roof area.
5. Antennas and related unmanned equipment are permitted in any zoning
district on buildings and structures owned or controlled by a federal, state,
county, or Leesburg Town governmental unit.
6. Structures upon which an antenna is mounted/co-located. that were not
constructed solely or primarily to support antennas, shall not be deemed
to be a telecommunications facility per Sec 6409(a) of the Spectrum Act.
12.) Section 10.4. Measurements, Computations and Exceptions
10.4.5. Minimum Yard Requirements
E. Additional Setback Requirements from Certain Streets. In addition to those
yard requirements established for zoning districts, the building setback
requirements established herein for certain public streets within the Town of
-17-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
Leesburg shall also be applicable. In case of conflict with other provisions of
this Zoning Ordinance, the greater setback requirement shall prevail.
1. Route 7, East of the Route 7/15 Bypass: 100 feet from the right-of-way
line.
2. Route 15, South of the Route 7/15 Bypass: 100 feet from the
right-of-way line.
3. West Market Street, north side only, between Ayr Street and the
western corporate limits: 100 feet from the centerline of the right-
of-way.
4. Dulles Greenway Private Toll Road: 120 feet from the right-of-way line.
5. Increased Setbacks Based on Road Classification Outside of the
Bypass. No building shall be located closer than 100 feet from the
right-of-way of any limited access highway, 80 feet from a major
arterial road, 50 feet from a minor arterial road, and 35 feet from the
right-of-way of a through collector road located outside of the Route
7/15 By-pass in the area to the east side and/or south side of the
Route 7/15 Bypass as indicated in the Transportation Element of the
Town Plan.
6. Pursuant to the process outlined in Section 3.18, the setbacks may be
waived or modified by the Town Council.
13.) Accessory Structures
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 use.
A. Area Limitation. An extended family residence shall be limited to a maximum square
footage of nine hundred (900) square feet in area or fifty percent (50%) of the principal
structure footprint, whichever is less.
9.4.1 Accessory Dwelling Units
-18-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
A. Maximum Floor Area. The maximum square footage of an accessory dwelling unit
shall be limited to one half fifty percent (50%) of the total square footage of the
principal structure or nine hundred (900) square feet, whichever is less.
10.4.5 Minimum Yard Requirements
C. Extensions into Required Yards. The following uses and structures shall be
permitted to be located within required yards, subject to the limitations established
herein. No structure may be erected over a public right-of-way or easement, except
as permitted in the Town Code.
1. Accessory Structures. Accessory structures which are customarily incidental and
subordinate to the principal structure or use on the property, and are separated
from the principal structure by a minimum of ten (10) feet, may be erected within
a required side or rear yard, provided such accessory structures are located a
minimum of two (2) feet from the property line for single-family detached, duplex
and townhouse dwelling units and a minimum of three feet from the property lino
for all other residential uses. No accessory structure shall be located closer than
five (5) feet to a principal structure on another lot. No accessory structure within
a residential district shall exceed twenty (20) feet in height. No accessory
structure within a residential zoning district shall exceed 900 square feet in area
or fifty thirty percent (50%) of the principal structure footprint, whichever is less
greater. Multi -family and non-residential uses shall adhere to the district
regulations for side and rear yard requirements for accessory structures,
excluding signs.
18.1.3 Accessory Building
A subordinate building off no more than 9 200 sm uare fee+ the non residential use of which is
associated with and customarily subordinate to the principal building and which is located
upon the same lot as the principal building.
18.1.5 Accessory Dwelling
A dwelling or apartment within or detached from the principal dwelling
uquare feet, the use of which is associated with and subordinate to the principal dwelling and
which is located upon the same lot as the principal dwelling.
-19-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
14.) Sec. 10.4.5.C. Extensions into Required Yards
10.4.5 Minimum Yard Requirements
C. Extensions into Required Yards
5. Decks and Patios.
a. Uncovered decks which are attached/abutting to the principal structure and
are not more than three (3) feet above grade on the lot may extend into a
required side or -rear yard within five (5) feet of the property line for -single-
family detached residences; and three (3) feet of the side or rear property line
for all other residential uses.
b. Uncovered decks, which are attached to the principal structure and are more
than three (3) feet above grade on the lot, may extend into a required rear
yard to within twenty (20) ten (10) feet of the property line, however, side yard
requirements shall apply. The preceding setback requirement;
jacent to an open space area of a least
fifteen (15) feet of the property line.
c_A patio adjoining the principal structure may extend into a required side or
rear yard within two (2) feet of the property line for all residential uses subject
to buffer guidelines.
15.) Sec. 10.4.4 Lot Size
10.4.4 Lot Size
F. Structure Built on Two Lots. A single building constructed on a site consisting of
two lots must be located either within the required setback from the common or center
lot line, or the building must be constructed on both lots. Any person wishing to build a
structure on two lots must provide legal assurance, approved by the Zoning
Administrator, which demonstrates unity of title for both lots. Prior to issuance of a
zoning permit for a structure built on two lots, either a plat of vacation or boundary line
adjustment plat, or a deed referencing the recorded plat by which the lot line to be
vacated was originally created, shall be submitted for signature and recordation which
locates the structure on a single lot in compliance with these zoning regulations. (Per
Sec. 15.2-2275 of the Code of Virginia, 1950, as amended.)
-20-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
6.) Sec. 11.4.5 Shared Parking (Mixed Use)
11.4.5 Shared Parking (Mixed Use)
A. Shared Use Time of Day Factors
Weekdays
8AM-5 PM
6PM-9PM
10 PM-7AM
Retail
77%
80%
12%
Fine/Casual Dining
55%
99%
65% (12am)
Family Restaurant
72%
75%
41%
Fast Food
66%
60%
10%
Movie Theater
48%
85%
62% (12 AM)
Health Club
70%
85%
39%
Lodging
64%
79%
96%
Residential
7-5% 100%
96% 100%
98% 100%
Office (General)
89%
12%
11 %
Office (Medical)
96%
37%
0%
Bank
96%
0%
0%
Weekends
8AM-5 PM
6PM-9PM
10 PM-7AM
Retail
71%
68%
14%
Fine/Casual Dining
32%
94%
77%
Family Restaurant
72%
59%
17%
Fast Food
66%
62%
10%
Movie Theater
58%
85%
77%
Health Club
46%
49%
32%
Lodging
64%
79%
96%
Residential
75% 100%
96%-100%
98% 100%
Office (General)
63%
5%
0%
Office (Medical)
82%
0%
0%
Bank
66%
0%
0%
-21-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
17.) Sec: 11.6. Parking and Loading Area Design Standards
11.6.1 General
D. Pavement Requirements for Residential and Commercial Travel Ways and
Spaces.
No person shall park any motor vehicle, trailer, or semi -trailer on the front, side or
rear yard of any lot, improved with a single-family dwelling, zoned for residential use,
except on a Iawfuny paved surface drivewa
18.) Sec. 11.6. Parking and Loading Area Design Standards
11.6.2 Dimensions of Parking Spaces and Aisles
For the purposes of these regulations there shall be two general categories of off-street
parking dimensions: standard parking spaces and parking spaces for disabled persons. The
maximum number of contiguous parking spaces in a row shall be no greater than twenty
(20). Parking spaces may be situated at the following angles: 90, 60, 45, 30 and 0 (parallel).
Spaces shall be measured based on the minimum rectangular dimensions established
herein.
C. Parking Aisle Dimensions. Parking facilities shall provide travel aisles in
compliance with the following minimum width aisle standards:
Minimum Aisle Widths Adjacent to Parking 1l
Parking Angle (degrees)
0
30
45 I
60
90
1-Way Traffic I
13ft
13ft
13ft
18ft
22ft
2-Way Traffic
4-9 20 ft
20 ft 121
ft
24 ft
24 ft
-22-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
Minimum Aisle Widths Adjacent to Parking L
t..
Parking Angle (degrees)
0
CO '' 45ji 60 90
Aisle with no Adjacent Parking al
1-Way Traffic
2-Way Traffic
12ft
4ff20ft
J11 Minimum aisle widths, shown above, include the width of the gutter pan. Additional width may be
required based upon the type of vehicular access required to traverse the site or when an aisle or travelway
is designated as a fire apparatus access road in accordance with the Leesburg Fire Code .
19.) Sec. 11.12. Administration
11.12.3 Monitoring and Enforcement
C. Bonds. If the weather prohibits the paving of the required driveways for single-family
detached or single-family attached development parking and loading areas at the
time of occupancy, the applicant may, at the applicant's option, post a cash bond for
the paving of s driveways. The bond shall be supported
by an estimate from a paving contractor of the cost of such paving and a letter
expressing the intent of the contractor to perform the service; In addition to the
contractor's estimate, the amount of the bond shall include a reasonable sum for
administrative expenses, in accordance with Sections 15.2-2241.5 and 15.2-2299 of
the Code of Virginia, 1950, as amended. If the work is not completed within six (6)
months, the bond shall be forfeited to the town to use for the completion of the work.
20.) Sec. 11.8 Stacking Spaces
-23-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
Sec 11.8 Stackin • S •aces
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 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. When counting the minimum number of spaces required in
any stacking lane, the space at the point of service shall be counted as one of the minimum total
required stacking spaces.
21.) Sec. 12.3 Twenty -Year Tree Canopy Requirements
12.3.1 Requirements
All submittals of a final subdivision plats or site plans under Article 13 of 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- E. If the full canopy requirement cannot be achieved on -site, the remaining
requirement of canopy shall be calculated with the cost amount listed in
-24-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
Section G. below and a fee for the total shall be collected and deposited in the
Town of Leesburg tree fund.
F. The cost to establish a new tree with a twenty (20) year canopy area starting
with a two (2) — inch caliper nursery stock shall be $990.00.
H. 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 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 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.
22.) Sec. 12.2 Administration
12.2.1 Landscape Plan Required
A landscape plan meeting the requirements of this article is required for all subdivision plat
and site plan applications as described in Sections 13 62 Division 2 (Subdivision) and
Division 3 (Development) 13 71 of the Subdivision and Land Development Regulations.
23.) Sec. 13.2 Use Regulations and Sec. 14.3 Effect of Buffer
13.2.1 Permitted Uses
The following uses are permitted in the Floodplain provided that they are not prohibited by
any other applicable ordinance and provided that they do not require structures, fill (except
for item "E"), or storage of materials and equipment:
B. Public and private recreational uses and activities such as parks, day camps, picnic,
grounds, golf courses, boat launching and swimming areas, hiking and horseback riding
trails, wildlife and nature preserves, game farms, fish hatcheries and fishing areas.
-25-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
Paved trails are permitted when constructed as part of a Town project public
improvement.
Sec 14.3 Effect of Buffer
The construction of buildings, structures, parking lots or other impermeable surfaces within the
Creek Valley Buffer is prohibited except for the following: Paved trails when constructed as part
of a Town project public improvement. Existing improvements including buildings, roads and
structures within the Creek Valley Buffer are not considered non -conforming simply by their
location within the Creek Valley Buffer. Any non -conformities shall be determined and
regulated in accordance with Article 16. Existing improvements can be added to and if
destroyed by fire or casualty, they can be rebuilt to the same or equivalent setback. Existing
residential dwellings may install decks and incidental accessory structures so long as other
applicable zoning and development regulations are met. This buffer or setback area does not
regulate uses within the setback area, although the Town encourages plantings or natural
vegetative and forestall cover within the buffer area. Utilities may be located within the buffer.
24.) Sec. 18.1 Terms Defined
18.1.36 Condominium
A form of Real Property ownership whereby a building or group of buildings in which
dwelling units, offices, or floor area are owned individually, and the structure, common
areas, and facilities are owned by all the owners on a proportional, undivided basis. An
owners association is organized for the purpose of maintaining, administering and operating
the common areas and facilities. Condominium shall not mean any particular type of
dwelling or unit.
18.1.110 Multi -Family Dwelling
A building containing three or more dwellings units located on a single lot or parcel of
ground where each unit accesses the outside via a common hallway, stairs or elevators.
Such units are located back-to-back, adjacent, or stacked on top of each other. Multi -family
dwellings shall include apartments, condomini-umo, triplex dwellings, and quadruplex
dwellings and-"2 over 2" units.
-26-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
18.1.172.1 Single -Family Attached (Stacked Townhouse) Dwelling
Buildings configured to place one single family dwelling unit directly on top of another single
family dwelling unit, each having independent access to the outside or shared access with
only an adjacent unit. with the whole having the appearance of a single unified structure.
Stacked townhouses shall be a minimum of three (3) units wide, and shall be vertically and
horizontally separated by a common party walls. Stacked townhouses are also referred to
as" two -over -two" dwellings and are typically incorporated in a common owners association
25.) Sec. 6.3.2 Use Regulations, Sec 6.6.2 Use Regulations, and 18.1
Terms Defined
18.1.164 School, Special Instruction
A school primarily devoted to giving instruction in professional, musical, dramatic, artistic.
scientific or other special subjects, exclusive of a conventional primary or secondary
Curriculum and does not require licensure by the State as a Daycare Center use.
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
iri Use Standards
L Definition
Commercial Uses
School, Special Instruction
1 S P [Sec 9.3.23
ISec. 18.1.164
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
-27-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
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•4 Uses
Use
I Use Standards
! Definition
Commercial Uses
School, Special Instruction
I 15i Sec 9.3.23
Sec. 18.1.164
26.) Sec. 18.1 Terms Defined
18.1.172 Single -Family Attached (Townhouse) Dwelling
A single-family dwelling in a row of at least three such units in which each unit occupies its
own individual lot that meets the minimum lot area requirements of the applicable zoning
district. has its own front and rear access to the outside, no unit is located over another unit,
and each unit is separated from any other unit by a common party wall.
27.) Sec. 9.3 Use Standards, 9.4 Accessory Uses and
18.1 Terms Defined
Sec. 9.3 Use Standards
A. Within the H 1 Overlay D
requirements of Town Code Chapter 30 Streets, Sidewalks and Other Public Places.
-28-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
13,-Outside of the H 1 Overlay District the Outdoor Sales Arta (Accessory to Retail Sales
Uses) shall not be located within a public right of way, within required parking spaces,
landscaping or travel aisles.
C. The area of the Outdoor Sa
0
by special exception.
Sec. 9.4 Accessor Uses
9.4.6. Display of Merchandise
A. Businesses within the H-1 Overlay. Old and Historic District and within the public right-
of-way shall comply with the requirements of Town Code Chapter 30 Streets. Sidewalks
and Other Public Places.
B. Outside of the H-1 Overlay, Old and Historic District, business merchandise may be
displayed in the pedestrian travel aisle immediately adjacent to the front of the building,
provided that such area be limited to a depth of 6 feet measured from the wall of the
building and that the pedestrian travel aisle maintains sufficient width. as required by the
Americans with Disabilities Act (ADA).
C. Seasonal outdoor display of merchandise such as, but not limited to, summer garden
products, plants, and similar products may be permitted in a commercial parking lot on
the same lot as the business selling such wares. The outdoor display may only be
permitted in parking spaces in excess of the minimum required by Article 11 (Parking,
Loading, and Pedestrian Access) of this Ordinance. Seasonal outdoor display of
merchandise in parking lots shall be limited to a period of three (3) consecutive months
with a maximum of two (2) zoning permits within a calendar year. Prior to the issuance of
a zoning permit, in accordance with Sec. 3.7 (Zoning Permits), the applicant must
demonstrate that the seasonal outdoor display area(s) shall comply with the following:
1. Vehicle travel aisles will be kept clear for vehicular traffic;
2. Parking lot display areas must be located in such a manner as to provide safe
pedestrian circulation:
3. Merchandise displayed cannot exceed eight (8) feet in height;
-29-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
4. Display areas shall not exceed the area of eiqht (8) standard size parking spaces
(i.e. 9' x 18') and display areas shall be enclosed on at least three sides and not
exceed eight (8) feet in height.
Sec. 18.1 Terms Defined
1-8 1_ .126.1 Outdoor Sales (Accessory to Retail Sales Uses)
Clearly incidental and subordinate to the permitted principal retail sales use, the temporary
Retail Sales Events, Farmers Markets, or similar temporary uses regulated by Sec. 9.5
Temporary Uses
18.1.127 Outdoor Storage Area
An unroofed area, or a roofed structure enclosed on not more than three sides, for the keeping
of any goods, materials, or merchandise in the same place for more than twenty-four (24) hours.
All outdoor storage shall be required to be enclosed by a fence. wall, landscaped berm, or other
suitable and appropriate method. This definition shall not apply to
Saies se ;) the Display of Merchandise, as :::!es' -:-c! described in Sec. 9.4.5 6 18.1.126.4
28.) Sec. 9.3 Use Standards, 9.4 Accessory Uses and
18.1 Terms Defined
Sec 15.4 Exem • tions
15.4.19 Artwork
Artwork, including sculptures, murals (as defined by Sec. 18.1.110.1 Murals), seasonal displays
and decorations which do not advertise a product or service.
-30-
AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES;
ARTICLE 6 NONRESIDENTIAL ZONING DISTRICTS; ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS; ARTICLE 9 USE
REGULATIONS; ARTICLE 10 DENSITY/INTENSITY &
DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING
AND PEDESTRIAN ACCESS; ARTICLE 12 TREE PRESERVATION,
LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR
LIGHTING; ARTICLE 13 FLOOD PROTECTION; ARTICLE 15 SIGNS;
AND ARTICLE 18 DEFINITIONS.
Sec. 18.1. Definitions
18.1.110.1 Mural
A graphic painted on or affixed to the exterior of a public building or wall generally for the
purposes of decoration or artistic expression, including but not limited to painting, fresco, or
mosaic not interpreted by the Zoning Administrator to contain a commercial message and
installed following the Public Art Policy as reviewed and approved by the Leesburg Commission
on Public Art in accordance with Leesburg Public Art Guidelines.
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 Zoning Ordinance.
SECTION IV. This ordinance shall be effective upon its adoption.
PASSED this 10th day of February, 2015.
sfe11 C. Urrlstattd, Mayor
Town of Leesburg
ATTEST:
Clerk of Council
P:\Ordinances\2015\0210 2014 Batch Zoning Ordinance Amendments.docx