HomeMy Public PortalAbout2003_09_09_O014 Amending the ZO for Screening and Buffer YardThe Town of
Leesburg,
'qrginia
PRESENTED September 9, 2003
ORDINANCE NO: 2003-o-1/4
ADOPTED September 9, 2003
AN ORDINANCE: . AMENDING LEESBURG ZONING ORDINANCE SECTION
12.8.5 TO AUTHORIZE COUNCIL TO MODIFY SCREENING
AND BUFFER-YARD REQUIREMENTS AS PART OF A
SPECIAL EXCEPTION APPROVAL
WHEREAS, the goals and objectives of the 1997 Leesburg Town Plan include the
provision of appropriate landscaping and screening between different land uses; and
WHEREAS, to provide appropriate landscaping and screening it is necessary to
provide an oppommity to Council to consider modification of landscaping and screening
requirements as part of consideration of a special exception application; and
WHEREAS, it is the desire and intent of Council to consider amendments to the
screening and buffer yard modifications of the Leesburg Zoning Ordinance to establish this
authority; and
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice require the proposed amendments.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is hereby amended as follows:
1.1.1 12.8.5 Modification of Screening and Buffer-Yard Requirements
Properties in the H-1 Overlay District. Buffer-yards may be reduced or eliminated
at the discretion of the Land Development O£fieial for development plans or subdivisions
in the H-1 Overlay District. An opaque screen accomplished through the construction of
architectural features, walls or the planting of vegetative materials may be required as a
substitute for all or a portion of the required buffer-yard. The Board of Architectural
Review must approve these screens. Any such modification issued by the Land
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AN ORDINANCE:
ZOAM 03-02 AMENDING LEESBURG ZONING ORDINANCE
SECTION 12.8.5 MODIFICATION OF SCREENING AND
BUFFER YARD REQUIREMENTS
Development Official shall be in writing and shall set forth the reasons for granting the
modification.
B. Usable Lot Area. Where the strict provisions of this article would reduce the usable
area of a lot due to lot configuration or to a point which would preclude a reasonable use
of the lot, screening and buffer yard requirements may be waived or modified by the
Land Development Official where the side of a building, a barrier and/or the land
between the building and the property line has been specifically designed to minimize the
adverse impact through a combination of architectural and landscaping techniques.
C. Special Design. Screening and buffer yard requirements may be waived or modified
by the Land Development Official where the side of a building, a barrier and/or the land
between that building and the property line has been specifically designed to minimize
the adverse impact through a combination of architectural and landscaping techniques.
D. Construction of Walls. Screening and buffer-yard requirements may be reduced by up
to one-third (1/3) where the developer constructs a six (6) foot high brick or stone wall if
the Land Development Official finds the intent of the screening and buffer-yard
regulations is better served by inclusion of the wall. The Land Development Official shall
set forth in writing the reasons for such determination.
I:. Combined Development Plan. The Land Development Official may modify or
reduce the requirements for screening and buffer-yards when the adjoining land uses are
developed under a combined development plan.
F. Special Exceptions. All uses allowed by special exception in a given district
shall be required to provide buffer yards using the Section 12.8.3 Screening and
Buffer Yard Matrix and Section 12.8.5 B. Usable Lot Area, C. Special Design, D.
Construction of Walls, and applicable sections of the Town Plan as guides. The
Town Council, as part of the special exception approval, may modify the
screening and buffer-yard except for properties located within the H-1 Old and
Historic Overlay District. Any such modification shall insure that adequate
screening and buffering are provided to mitigate potential adverse impacts on
adjacent properties associated with the special exception use.
SECTION II. 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 III. This ordinance shall become effective upon its passage.
AN ORDINANCE:
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ZOAM 03-02 AMENDING LEESBURG ZONING ORDINANCE
SECTION 12.8.5 MODIFICATION OF SCREENING AND
BUFFER YARD REQUIREMENTS
PASSED this 9th day of September 2003.
Town of Leesburg
ATTEST:
rk of Council
Ordinance Adoption Buffer Yard