HomeMy Public PortalAbout2003_05_13_O005The Town of
Leesburg,
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PRESENTED May 13, 2003
ORDINANCE NO: 2 003-0- 5 ADOPTED May 13, 2003
AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP REGARDING THE FLOODPLAIN
PROTECTION DISTRICT AND REPEALING THE F- 1
FLOODPLAIN DISTRICT AND THE FLOOD HAZARD DISTRICT
AS ADOPTED BY THE TOWN OF LEESBURG ON APRIL 24, 1990,
AS AMENDED
WHEREAS, the Leesburg Town Plan was amended and adopted in August 1997; and
WHEREAS, it is the desire and intent of Council to revise the Leesburg Zoning Ordinance
to incorporate the recommendations of the Town Plan; and
WHEREAS, an amendment to the Leesburg Zoning Ordinance to revise the floodplain
regulations and the Official Zoning Map to incorporate the goals and policies of the 1997 Town
Plan was initiated on February 11, 2003; and
WHEREAS, on March 6, 2003 the Planning Commission held a public hearing on
these proposed amendments and recommended them to the Town Council on March 20, 2003;
and
WHEREAS, the Town Council conducted a public hearing on these comprehensive
amendments on April 22, 2003; and
WHEREAS, these amendments are necessary to better facilitate orderly development in
Leesburg and implement the Town Plan's land use policies; and
WHEREAS, these amendments are recommended by the staff and are necessary to
promote public safety and welfare, to facilitate the creation of a convenient, attractive and
harmonious community and to protect property values.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
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AN ORDINANCE:
AMENDING THE ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP REGARDING THE FLOODPLAIN
PROTECTION DISTRICT AND REPEALING THE F-1
FLOODPLAIN DISTRICT AND THE FLOOD HAZARD
DISTRICT
SECTION I. The Leesburg Zoning Ordinance is hereby amended by the adoption of the
following new article entitled "Article 13: Flood Protection", as follows:
13.1 General
13.1.1 Applicability
The Flood Protection regulations of this article shall apply to all lands within the 100-
year floodplain of Town Branch Creek, Dry Mill Branch Creek, Cattail Branch Creek,
Big Springs, Tuscarora C reek and other waterways as identified in the National Flood
Insurance Program Flood Insurance Rate Maps for Loudoun County, Virginia and
Incorporated Areas, effective date July 5, 2001, based on the Flood Insurance Study for
Loudoun County, Virginia and Incorporated Areas, published by the Federal Emergency
Management Agency (FEMA) effective date July 5, 2001, as modified fi.om time to time
by a Letter of Map Revision (LOMR) issued by FEMA.
13.1.2 Floodplain Boundary Changes
Floodplain boundaries are subject to change with approved FEMA Letters of Map
Revision. Such floodplain boundary changes do not require Town Council approval of a
zoning map amendment.
13.1.3 Zoning Permits; Compliance with Applicable Regulations
All uses, activities and development occurring within any floodplain shall be undertaken
only upon the issuance of a zoning permit. Such development shall be undertaken only in
strict compliance with the provisions of this Zoning Ordinance and with all other
applicable codes and ordinances including the Virginia Uniform Statewide Building
Code. Prior to the issuance of any such permit, the Zoning Administrator shall require all
applications to include compliance with all applicable State and Federal laws.
13.1.4 Prohibited Activities
Under no circumstances shall any use, activity and/or development adversely affect the
capacity of the channels or floodways of any watercourse, drainage ditch or any drainage
facility or system. No development shall be permitted in the Floodplain except where the
effect of such development on flood heights is fully offset by accompanying
improvements that have been approved by all appropriate authorities. The placement of
any mobile home within the Floodplain is prohibited, except in an existing mobile home
park or subdivision.
13.1.5 Virginia Department of Environmental Quality Approval
Approval shall be obtained fi.om the State Water Control Board prior to any proposed
alteration or relocation of any channels, watercourse or stream within the town.
Notification of any such proposal shall be given to all affected adjacent municipalities.
Copies of such notification shall be forwarded to the Department of Environmental
Quality, the State Department of Intergovernmental Affairs and the Federal Insurance
Administration.
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AN ORDINANCE:
AMENDING THE ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP REGARDING THE FLOODPLAIN
PROTECTION DISTRICT AND REPEALING THE F-1
FLOODPLAIN DISTRICT AND THE FLOOD HAZARD
DISTRICT
13.2 Use Regulations
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 or
storage materials and equipment:
A. Agricultural uses such as general farming, pasturing, grazing outdoor plant
nurseries, horticulture, truck farming, forestry, sod farming, and wild crop
harvesting.
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.
C. Accessory residential uses such as gardens, play areas, and pervious loading
areas.
D. Accessory industrial and commercial uses such as parking and loading areas.
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 Section 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. 13.2.1.
B. Utilities and public facilities and improvements such as streets, bridges, and transmission
lines, pipe lines and other similar uses.
C. Temporary uses such as circuses, carnivals and similar activities.
D. 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.
E. 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.
13.3 Variances
13.3.1 Additional Factors to be Satisfied
In passing upon applications for Variances, the Board of Zoning Appeals shall be
governed by all standards and procedures specified in other sections of this Zoning
Ordinance (including those of Sec. 3.13) and the following factors:
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AN ORDINANCE:
AMENDING THE ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP REGARDING THE FLOODPLAIN
PROTECTION DISTRICT AND REPEALING THE F-1
FLOODPLAIN DISTRICT AND THE FLOOD HAZARD
DISTRICT
Ae
Be
The danger to life and property due to increased flood heights or velocities caused by
encroachments. No variance shall be granted for any proposed use, development or
activity within the Floodplain that will cause any increase in flood levels during the 100-
year flood.
The danger that materials may be swept on to other lands or downstream to the injury of
others.
C. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions.
D. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owners.
E. The importance of the services provided to the community by the proposed facility.
F. The requirements of the facility for a waterfront location.
G. The availability of alternative locations for the proposed use not subject to flooding.
1t. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
L The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.
J. The safety of access to the property for ordinary and emergency vehicles in time of flood.
K. The expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters expected at the site.
L. Such other factors which are relevant to the purposes of this Zoning Ordinance.
13.3.2 Referral for Technical Assistance
The Board of Zoning Appeals may refer any application and accompanying
documentation pertaining to any request for a variance to any engineer or other qualified
person or agency for technical assistance in evaluating the proposed project in relation to
flood heights and velocities, and the adequacy of the plans for protection and other
related matters.
13.3.3 General Findings
Variances shall only be issued after the Board of Zoning Appeals has determined that the
granting of such will not result in:
A. unacceptable or prohibited increases in flood heights;
B. additional threats to public safety;
C. extraordinary public expense;
D. nuisances;
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AN ORDINANCE:
AMENDING THE ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP REGARDING THE FLOODPLAIN
PROTECTION DISTRICT AND REPEALING THE F-1
FLOODPLAIN DISTRICT AND THE FLOOD HAZARD
DISTRICT
E. fraud or victimization of the public; or
F. conflict with local law or ordinances.
13.3.4 Itardship Relief Finding
Variances shall only be issued after the Board of Zoning Appeals has determined that the
variance will be the minimum relief to any hardship.
13.3.5 Required Notification to Applicant
The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the
issuance of a variance to construct a structure at or below the 100-year flood elevation:
A. Increases risks to life and property.
B. Will result in increased premium rates for flood insurance.
13.3.6 Records
A record of the above notification as well as all variance actions, including justification
for their issuance, shall be maintained and any variances that are issued shall be noted in
the annual report submitted to the Federal Insurance Administrator.
13.4 Existing Structures in Floodplain
A structure or use of a structure or premises which lawfully existed before the enactment of these
provisions, but which is not in conformity with these provisions, may be continued subject to
standards of this section.
13.4.1 Expansion or Enlargement
Existing structures and/or uses located in the Floodplain shall not be expanded or
enlarged (unless the effect of the proposed expansion or enlargement on flood heights is
fully offset by accompanying improvements).
13.4.2 Modifications and Improvements
A. Any modification, alteration, repair reconstruction or improvement of any kind to a
structure and/or use located in any floodplain to an extent or amount of less than fifty
(50) percent of its market value, shall be elevated and/or flood-proofed.
B. Any modification, alteration, repair, reconstruction or improvement of any kind to a
structure and/or use in a floodplain to an extent or amount of fifty (50) percent or more of
its market value shall be undertaken only in full compliance with the provisions of the
Virginia Uniform Statewide Building Code.
13.5 Siens in Floodplain
See Sec 15.10.
-6-
AN ORDINANCE: AMENDING THE ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP REGARDING THE FLOODPLAIN
PROTECTION DISTRICT AND REPEALING THE F-1
FLOODPLAIN DISTRICT AND THE FLOOD HAZARD
DISTRICT
SECTION II. Section 5C "F-I" Floodplain District Regulations and Section 740
Regulatory 100 Year Flood Hazard adopted April 24, 1990 and its subsequent amendments are
hereby repealed.
SECTION III. The Official Zoning Map is hereby amended by repeal of the F-1
Floodplain District and the seventy-two parcels affected thereby are rezoned to appropriate
districts as described in Attachment A entitled "Parcels Rezoned from F-1 Floodplain District"
and as shown on the Official Zoning Map.
SECTION IV. Severability. If any portion of these amendments is declared
invalid by a court of competent jurisdiction, the decision shall not affect the validity of
amendments as a whole or any remaining provision of the Leesburg Zoning Ordinance.
SECTION V. This ordinance shall become effective upon its passage.
PASSED this 13t~ day of May 2003.
~qst-e~:~. Ur~tattd, Mayt~r' - ' ' '(:"' Town of Lccsburg
ATTEST:
fft(erk of Council
003 :OrdinanceAdoptionF- 1-Ver2
ATTACHMENT A - PARCELS REZONED FROM F-1 FLOODPLAIN DISTRICT
1. PIN g231279392 zoned F-1 District and B-! District to B-1.
2. PIN #231279495 zoned F~I District and B-1 to B-1.
3. PIN #1892692678 zoned F-1 District and R-6 District to R-6.
4. PIN g232489035 zoned F-1 District B-2 District to B-2.
5. PIN g231285412 zoned F-1 District and R-HD District to R-HD.
6. PIN #231193353 zoned F-1 District B-2 District to B-2.
7. PIN g231284717 zoned F-1 District and R-HD District to R-HD.
8. PIN g231377902 zoned F-1 District to B-1.
9. PIN g231381803 zoned F-1 District and B-1 District to B-1.
10. PIN #231278495 zoned F-1 District and B-1 District to B-1.
11. PIN #231376803 zoned F-1 District to B-1 District.
12. PIN #231372722 zoned F-1 District and B-1 District to B-1.
13. PIN #231281494 zoned F-1 District and B-1 District to B-1.
14. PIN g'232488765 zoned F-1 District and B-2 District to B-2.
15. PIN #189452370 zoned F-1 District and B-2 District to B-2.
16. PIN #231365835 zoned F-1 District and B-1 District to B-1.
17. PIN #232493667 zoned F-1 District to B-2.
18. PIN g232491253 zoned F-! District to B-2.
19. PIN #232492041 zoned F-1 District to B-2.
20. PIN #232497075 zoned F-1 District to B-2.
21. PIN #189269346 zoned F-1 District and I-1 District to I-1.
22. PIN g232490869 zoned F-1 District and B-2 District to B-2.
23. PIN #232158576 zoned F-1 District and R-6 District to R-6.
24. PIN #232373721 zoned F-1 District and B-3 District to B-3.
25. PIN g231282164 zoned F-1 District and B-1 District to B-1.
26. PIN g232384058 zoned F-1 District and B-2 District to B-2.
27. PIN g232484311 zoned F- 1 District and B-2 District to B-2.
28. PIN #189450586 zoned F-1 District and B-2 District to B-2.
29. PIN #189454286 zoned F-1 District and B-2 District to B-2.
30. PIN #189456806 zoned F-1 District and B-2 District to B-2.
31. PIN #189452225 zoned F-1 District and R-6 District to R-6.
32. PIN #232401970 zoned F-1 District and B-2 District to B-2.
33. PIN #188154208 zoned F-1 District and B-2 District to B-2.
34. Pin #189457978 zoned F-1 District and B-2 District to B-2.
35. PIN #189455750 zoned F-! District and B-2 District to B-2.
36. PIN g232404981 zoned F-1 District and B-2 District to B-2.
37. PIN g231184473 zoned F-1 District and R-22 District to R-22.
38. PIN #231186244 zoned F- 1 District and R-22 District to R-22.
39. PIN #232403897 zoned F-1 District and B-2 District to B-2.
40. PIN g231284857 zoned F-1 District and B-! District to B-1.
41. PIN #232490793 zoned F-1 District and B-2 District to B-2.
42. PIN #232283893 zoned F-1 District and B-3 District to B-3.
43. PIN #033398724 zoned F-1 District and R-4 District to R-4.
44. PIN #23127 ! 192 zoned F-1 District and R-HD District to R-HD.
45. PIN g231286311 zoned F-1 District and R-HD District to R-HD.
46. PIN #231286907 zoned F-! District and B-2 District to B-2.
47. PIN # 232405759 zoned F-1 District and R-6 District to R-6.
ATTACHMENT A - PARCELS REZONED FROM F-1 FLOODPLAIN DISTRICT
48. PIN g271174626 zoned F-1 District and R-4 District to R-4.
49. PIN #231 ! 85606 zoned F-1 District and B-2 District to B-2.
50. PIN #231364781 zoned F-1 District and B-1 District to B-1.
51. PIN g231364577 zoned F-! District and B-1 District to B-1.
52. PIN #232365840 zoned F-1 District and B-2 District to B-2.
53. PIN g232364533 zoned F-1 District and B-2 District to B-2.
54. PIN g232363335 zoned F- 1 District and B-2 District to B-2.
55. PIN g231190774 zoned F-1 District, B-! District and B-2 to B-I/B-2.
56. PIN #231274676 zoned F-1 District and R-6 District to R-6.
57. PIN #231281976 zoned F-1 District and B-1 District to B-1.
58. PIN g231281288 zoned F-1 District and B-1 District to B-1.
59. PIN #231279390 zoned F-1 District to B-1.
60. PIN #231363543 zoned F-1 District and R-8 District to R-8.
61. PIN g231284857 zoned F-1 District and B-I District to B-1.
62. PIN # 232392783 zoned F-1 District and R-8 District to R-8.
63. PIN #232496723 zoned F-1 District and R-8 District to R-8.
64. PIN g231268398 zoned F-1 District and R-4 District to R-4.
65. PIN #231364985 zoned F-1 District and B-1 District to B-1.
66. PIN g231279188 zoned F-1 District to B-1.
67. PIN g231364371 zoned F-1 District to B-1.
68. PIN #231373304 zoned F-1 District and B-1 District to B-1.
69. PIN #231187370 zoned F-1 District and B-2 District to R-22 District and B-2 District.
70. PIN g232495741 zoned F-1 District to R-8.
71. PIN #232499782 zoned F-1 District and B-2 District to B-2.
72. PIN #189268207 zoned F-1 District to R-2.
Attachment A-Flood Zone District