HomeMy Public PortalAbout2003_05_13_O006The Town of
] .eesburg,
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ORDINANCE NO:
AN ORDINANCE:
and
2003-0-6
PRESENTED May 13, 2003
ADOPTED May 13, 2003
AMENDING THE LEESBURG ZONING ORDINANCE AND
THE OFFICIAL ZONING MAP TO ESTABLISH A CREEK
VALLEY BUFFER DISTRICT
WHEREAS, the Leesburg Town Plan was amended and adopted in August 1997;
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, on February 11, 2003 the Council initiated amendments to the
Leesburg Zoning Ordinance and the Official Zoning Map to establish a creek valley
protection district in accordance with the goals and policies of the 1997 Town Plan; 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 to the zoning ordinance 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.
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AN ORDINANCE:
AMENDING THE LEESBURG ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP TO ESTABLISH A CREEK VALLEY
BUFFER DISTRICT
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is hereby amended by the adoption
of the following new article entitled "Article 14 Creek Valley Buffer" as follows:
14.1 Purpose and Intent
14.1.1 Purpose
The purpose of the Creek Valley Buffer standards of this article is to govern the
construction of buildings, structures, parking and other impervious surfaces in areas
adjacent to rivers and major stream areas draining greater than 640 acres, by providing
for a setback area from the channel scar line in which construction of improvements will
not occur except as set forth below.
14.1.2 Intent
The intent is to promote water quality and the preservation of significant environmental
resource areas; protect and enhance water and groundwater recharge processes by
protection of the natural capacity of vegetative areas along rivers and creeks to filter and
purify storm water runoff; protect aquatic environments from the warming effects of solar
radiation by preserving riparian tree canopy cover; promote tourism and high quality
corporate investment by maintaining to the extent reasonably possible, existing high
water quality; to maintain the scenic beauty of streams in the Town of Leesburg and
implement the Comprehensive Plan.
14.2 Buffer Setbacks
14.2.1 Standard Setbacks
The following setbacks are established along rivers and major streams in areas where the
100-year floodplain is less than the setbacks provided below.
A. 250 feet measured along the slope of the ground from the channel scar line on the
Potomac River.
B. 150 feet on each side of the creek measured from the centefline of the channel of
each creek or stream where the watershed is greater than 640 acres.
14.2.2 Reduced Setbacks
The Standard Setbacks of this section may be reduced as follows: A reduction of 100 feet
shall be allowed for the use of and retention of stormwater management/Best
Management Practices (BMPs) in accordance with the Design and Construction
Standards Manual at time of development within any developed area on the lot or site.
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AN ORDINANCE:
AMENDING THE LEESBURG ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP TO ESTABLISH A CREEK VALLEY
BUFFER DISTRICT
14.2.3 Exemptions
The buffer setbacks of this section do not apply to agricultural, horticultural or forestal
uses where a farm plan approved by the Loudoun County Soil and Water Conservation
District or other Town and/or County approved agency is kept continuously in place.
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: Existing
improvements including buildings, roads and structures within the Creek Valley Buffer
are not considered non-conforming. They 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 growth through
plantings or natural vegetative and forestal cover within the buffer area. Utilities may be
located within the buffer.
14.4 Existing Lots of Record
On any existing lot of record as of May 13, 2003 zoned RE, RI, R2, R-4, R-6 or R-8, a
single-family residence and its attendant driveway, parking area and/or detached garage
and incidental accessory structures may be permitted so long as there is not an existing
residence on the property. The new residence cannot be located within 150 feet of the
stream centerline nor in floodplain, wetlands or steep slopes. Lots proposed as part of a
Planned Development may be developed in accordance with the approved rezoning
concept plan. Any existing lot of record with commercial or industrial zoning may be
developed in accordance with this ordinance and all other applicable regulations.
14.5 Development Criteria
The Creek Valley Buffer is not intended to and shall not limit development density
(gross floor area or units per acre) otherwise allowed on land within the Creek Valley
Buffer area. The Creek Valley Buffer shall be administered like any other setback
provided for in this ordinance in allowing otherwise developable land within the setback
area to be counted for density computation purposes and applied towards the construction
of improvements outside the setback area. Road crossings and driveways shall be
permitted subject to applicable federal and state regulations, this ordinance and to such
performance standards as contained in the Design and Construction Standards Manual.
14.6 Permitted Uses
Except as otherwise expressly stated in this article, only the following uses shall be
permitted within required Creek Valley Buffer areas: (1) water dependent or passive
recreational uses that do not involve land-disturbing activities as defined by this
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AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP TO ESTABLISH A CREEK VALLEY
BUFFER DISTRICT
ordinance; (2) improvements associated with historic, cultural or archeological sites; or
(3) water and sewer lines.
SECTION II. The Official Zoning Map is hereby amended by inclusion of the
Creek Valley Buffer (Overlay) District as shown on said Official Zoning Map dated May
13, 2003.
SECTION III. 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 IV. All prior ordinances in conflict herewith are hereby repealed.
SECTION V. This ordinance shall become effective upon its passage.
PASSED this 13th day of May 2003.
ATTEST:
erk of Council
003 :OrdinanceAdoptionCreekValley