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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 -2- 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: -3- 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