HomeMy Public PortalAbout2005_01_11_O001The Town of
Leesburg,
Virginia
ORDINANCE NO.
2005-O-01
PRESENTED: January_ 11, 2005
ADOPTED: January 11, 2005
AN ORDINANCE: AMENDING THE TOWN CODE REGARDING PROJECTIONS OVER
AND UPON THE PUBLIC RIGHTS-OF-WAY IN THE OLD AND
HISTORIC DISTRICT
WHEREAS, the former Downtown Committee of the Leesburg Economic Development
Commission (now the Leesburg Downtown Business Association) raised concerns about items
placed on the public sidewalks in the Old and Historic District falling into disrepair; and
WHEREAS, a review of the existing Town Code section regarding such items revealed that
the Town has neither the authority to compel owners to remove such items nor to have such items
removed by town staff; and
WHEREAS, the Leesburg Downtown Business Association also raised concerns about the
prohibitions against placing outdoor caf6 furniture and merchandise on the public sidewalks in the
Old and Historic District; and
WHEREAS, the Leesburg Economic Development Commission and the Leesburg Board of
Architectural Review agree that allowing the downtown merchants to place appropriate items on
the public sidewalks adds to the ambiance of the downtown; and
WHEREAS, the Leesburg Economic Development Commission and the Leesburg Board of
Architectural Review further agree that amending the Town Code would alleviate the regulatory
burden on both downtown businesses and town staff without sacrificing the historic character of
the downtown.
AN ORDINANCE:
-2-
AMENDING THE TOWN CODE REGARDING PROJECTIONS OVER
AND UPON THE PUBLIC RIGHTS-OF-WAY IN THE OLD AND
HISTORIC DISTRICT
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Chapter 16, Article II of the Leesburg Town Code is replaced in its entirety
with the text shown below:
ARTICLE II. PROJECTIONS AND STREETSCAPE AMENITIES OVER AND
UPON PUBLIC RIGHTS-OF-WAY IN THE OLD AND HISTORIC DISTRICT
Sec. 16-27. Allowed locations.
Subject to the provisions of this article, projections and streetscape amenities are allowed to be
placed over and upon public rights-of-way in that portion of the Old and Historic District generally
bounded by North Street, Liberty Street, the W&OD Trail and Harrison Street, and including those
areas between Market Street and Loudoun Street extending west to Ayr Street and east to the
intersection of East Market Street and Loudoun Street SE.
Sec. 16-28. Allowed projections.
Subject to the provisions of this article, the following projections and streetscape amenities are
allowed to be placed over and upon public rights-of-way in that portion of the Old and Historic
District specified in Section 16-27.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Architectural features of buildings such as cornices, eaves and bay windows;
Window plant boxes and mailboxes;
Awnings;
Wall signs;
Projecting signs;
Flags;
Seasonal decorations;
Planters;
Outdoor furniture;
Sandwich board signs;
Newspaper and real estate boxes;
Other non-fixed amenities not specifically prohibited.
Sec. 16-29. General requirements.
Any projection or streetscape amenity constructed, reconstructed, erected, relocated or maintained
over or upon the public right-of-way must:
(1) Obtain Board of Architectural Review approval for fixed amenities, such as but not limited
to, signs, awnings, flags, window boxes and architectural features.
(2) Comply with the design guidelines established by the Board of Architectural Review for
allowed non-fixed streetscape features.
(3) Allow at least a four-foot passage for pedestrians or the then current requirements of the
Americans with Disabilities Act (ADA), if greater. For non-fixed amenities, if the building
AN ORDINANCE:
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AMENDING THE TOWN CODE REGARDING PROJECTIONS OVER
AND UPON THE PUBLIC RIGHTS-OF-WAY IN THE OLD AND
HISTORIC DISTRICT
has a stoop and there is less than four feet from the front edge of the stoop to the back edge
of the curb, items may be placed on either side of the stoop but may not project beyond the
front edge of the stoop.
Sec. 16-30. Prohibitions.
No projection or streetscape amenity shall be constructed, reconstructed, erected, relocated or
maintained which:
(1) Prevents free ingress or egress from any door, window or fire escape;
(2) Interferes with the free and unencumbered passage of pedestrians;
(3) Covers or intrudes upon any architectural features of a building such as windows,
columns, moldings, balconies or any major decoration;
(4) Obstructs free and clear vision or distracts the attention of the driver of any vehicle by
reason of its position, shape, color, reflection or illumination;
(5) Obstructs street intersection or vehicle entrance sight distance;
(6) Bears or contains statements, words or pictures of an obscene, indecent or immoral
character which will offend public morals or decency;
(7) Advertises or publicizes an activity, business, product or service not conducted on the
premises adjacent to the public right-of-way upon which such projections are
maintained;
(8) Is in any way animated; emits smoke, visible vapors, particles, sound or odor;
(9) Is affixed to trees, fences, posts, light poles, street signs or any other types of natural
vegetation or rocks;
(10) Projects, in whole or in part, from the right-of-way line over a right-of-way more than
three and one-half feet, except seasonal decorations, existing awnings, canopies and
marquees;
(11) Is a time-temperature device or a reader board;
(12) Is illuminated with any color light other than white light and which source of light is
visible from a pedestrian level;
(13) Is internally illuminated.
Sec. 16-31. Unlawful projections.
Except as provided herein, any projecting object previously or hereafter erected or maintained in
violation of this article shall be removed by the owner upon notification from the town manager or
designee. If the owner fails to remove the object, the town manager or designee shall have the
object removed and notify the owner in writing that the object has been removed. The town shall
store any removed objects for a period of not less than 60 days, during which time period owners
may claim their property upon payment of expenses incurred by the town for removal and storage.
Written notification of removal to owners shall contain instructions for claiming removed objects
including expenses incurred. If those instructions are not followed, the town may dispose of the
object.
See. 16-32. Abandoned projections.
Any person who owns a projection or streetscape amenity shall remove it upon cessation of the
activity with which it is associated.
AN ORDINANCE:
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AMENDING THE TOWN CODE REGARDING PROJECTIONS OVER
AND UPON THE PUBLIC RIGHTS-OF-WAY IN THE OLD AND
HISTORIC DISTRICT
Sec. 16-33. Liability for damage.
The provisions of this article shall not be construed to relieve or to limit in any way the
responsibility or liability of any person who owns or erects any projecting object for personal
injury or property damage caused by the projecting object; nor shall the provisions of this article
be construed to impose upon the town, its officers and its employees, any responsibility or liability
by reason of the approval of any projecting object under the provisions of this article.
Sec. 16-34. Maintenance requirements.
All projections and streetscape amenities, together with all supports, braces, hooks, guys and
anchors shall be of substantial and sturdy construction; shall be kept in good repair; and shall be
painted or cleaned as oRen as necessary to maintain clean, neat, safe and orderly appearance.
Sec. 16-35. Specific requirements for allowed projections.
Allowed projections may be placed over and upon public rights-of-way only in the following
manner:
(1)
(2)
(3)
(4)
Architectural features, including gutters and downspouts, window plant boxes and mailboxes
may project not more than 12 inches.
Permanently installed signs must comply with any and all other ordinances of the town
that govern signs.
A minimum clearance of seven feet, six inches above the sidewalk, shall be required for
projections over the public right-of-way, including but not limited to, projecting signs
and architectural features.
Projecting signs shall be located no higher than the sill of a second floor window or 14
feet above the sidewalk, whichever is less; except, however, if the board of
architectural review deems a projecting sign appropriate in a higher or lower location.
Sec. 16-36. Non-fixed items used for advertising purposes.
Non-fixed items that are used for advertising purposes, such as sandwich board signs, newspaper
boxes and real estate boxes, must receive a permit from the Town Manager or designee.
Applications shall specify locations of the items and shall demonstrate that the items comply with
the following guidelines:
(1) Sandwich board signs may not exceed 24 inches in width and 34 inches in height and must be
constructed of wood, wrought iron or other traditional material. The color of sign should
complement the color scheme of the building in front of which it is to be placed. The design
elements on the face of the sign should be consistent with the design elements of the applicant's
permanent signs. If the sandwich board sign contains an area for changing text, this area may
consist of chalkboard or whiteboard-type material to accommodate handwritten text. Sandwich
board signs may not use changeable copy consisting of individual letters, whole words or phrases.
(2) Newspaper boxes should be consistent with the color scheme of the town's streetscape furniture
and should consist of black metal fixtures with white lettering. Newspaper boxes may not exceed
the standard size of 4 feet in height, 16.5 inches in width and 19.5 inches in depth.
AN ORDINANCE:
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AMENDING THE TOWN CODE REGARDING PROJECTIONS OVER
AND UPON THE PUBLIC RIGHTS-OF-WAY IN THE OLD AND
HISTORIC DISTRICT
(3) Real estate boxes should be consistent with the color scheme of the town's streetscape furniture
and should consist of black metal fixtures with white lettering. Real estate boxes may not exceed 4
feet in height, 15 inches in width and 15 inches in depth. No more than one real estate box per
location will be allowed.
(4) Other non-fixed items that are used primarily for advertising purposes shall conform to the general
design guidelines for non-fixed streetscape features established by the Board of Architectural
Review and will be evaluated on a case-by-case basis.
See. 16-37. Displays of merchandise.
Businesses may display a limited amount of merchandise on the public sidewalk directly in front
of their business during business hours. The intent of such merchandise displays should be to
attract customers into the business, should be composed of a limited number of items
representative of the business' overall merchandise mix and should not consist of large quantities
of items. Such merchandise displays must be placed flush against the storefront, should not extend
beyond the front stoop of the building or beyond the limits of the storefront, and must be removed
from the sidewalk when the business is closed, including tables, racks and other display fixtures.
Display fixtures must comply with the design guidelines for non-fixed streetscape features
established by the Board of Architectural Review. Displays must allow at least a four-foot passage
for pedestrians or the then current requirements of the Americans with Disabilities Act (ADA) if
greater and must comply with all other provisions of this article, including prohibitions listed in
Section 16-29.
Large displays of merchandise on the public sidewalk may be permitted only as part of a
coordinated sidewalk or outdoor sale event. Such events must be open to participation by all
merchants in the Old and Historic District, must have a specified time limit not to exceed three
consecutive days, and must receive a special event permit from the town. Sidewalk or outdoor sale
events may not occur more frequently than once a month and must comply with all other
provisions of this article.
Sec. 16-38. Benches and trash receptacles.
Benches and trash receptacles may not be placed on the public right-of-way except in the Old and
Historic District by the Town of Leesburg.
Sec. 16-39. Definitions.
For the purpose of this article, certain terms and words are defined as follows:
Fixed: Affixed to a building by supports, braces, anchors, nails, screws or other means of
permanent attachment.
Front or frontage: Surfaces of any building or facility that present themselves to a public
right-of-way giving immediate access to the premises.
Marquees, canopies, awnings: Various forms of permanent, temporary, or portable roof
like coverings for entrances and windows.
Non-fixed: Placed on the ground without means of permanent attachment to the ground or
a building.
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AN ORDINANCE: AMENDING THE TOWN CODE REGARDING PROJECTIONS OVER
AND UPON THE PUBLIC RIGHTS-OF-WAY IN THE OLD AND
HISTORIC DISTRICT
Projecting sign: A sign, other than a wall, awning or marquee sign, which is affixed to a
building and is supported only by the wall on which it is mounted.
Sandwich board sign: An A-frame sign not fixed to a building or the ground.
Sign: Any letters, words, symbols, etc., used or intended to attract the attention of the
public from streets, sidewalks or other outside public right-of way. The term sign shall
include all structural members and support apparatus.
Wall sign: A sign attached to, or painted on or against a flat vertical surface of a building in
such a manner that the wall becomes the supporting structure for, or forms the background
structure of, the sign.
See. 16-40-16-48. Reserved.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. Severability. If any provision of this ordinance is declared invalid by a
court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a
whole or any remaining provisions of the ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
PASSED this 11th day of January 2005.
Town of Leesburg
ATTEST:
amendstreetscapefeatures