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HomeMy Public PortalAbout2006_10_11_O064 AN ORDINANCE: AMENDING AND REORDAINING Subsections 18.1.30 (CLUSTER DEVELOPMENT), 18.1.103 (MULTI-FAMILY DWELLING), 18.1.146 (PUBLIC UTILITY, MINOR), 18.1.175 (TELECOMMUNICATIONS USE AND/OR STRUCTURE), AND 18.1.188 (WAREHOUSE), all of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended. Information on Proposed Ordinance Title An Ordinance amending and reordaining Subsections 18.1.30 (CLUSTER DEVELOPMENT), 18.1.103 (MULTI-FAMILY DWELLING), 18.1.146 (PUBLIC UTILITY, MINOR), 18.1.175 (TELECOMMUNICATIONS USE AND/OR STRUCTURE), AND 18.1.188 (WAREHOUSE), all of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended. SummarY The proposed Ordinance amends the definitions of cluster development, multi- family dwelling, public utility (minor), telecommunications use and/or structure, and warehouse. Sponsor Staff Authority Sections 15.2-2280 and 15.2-2286 of the Code of Virginia, 1950, as amended. Estimated Cost of Implementation Attachments in Addition to Proposed Ordinance 1 The Town of Leesburg, Virginia PRESENTED September 12. 2006 ORDINANCE NO. 2006-0-64 ADOPTED October 11. 2006 AN ORDINANCE: AMENDING AND REORDAINING SUBSECTIONS 18.1.30 (CLUSTER DEVELOPMENT), 18.1.103 (MULTI-FAMILY DWELLING), 18.1.146 (PUBLIC UTILITY, MINOR), 18.1.175 (TELECOMMUNICA TIONS USE AND/OR STRUCTURE), AND 18.1.188 (WAREHOUSE), ALL OF SECTION 18.1 (TERMS DEFINED) OF ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. The Town Council of Leesburg, Virginia, ordains: SECTION I. That Subsection 18.1.30 (CLUSTER DEVELOPMENT) of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 18.1.30 Cluster Development A neighborhood of single family detaehed and/or ck1plex homes developed An alternate means of developing a lot in the R-2. R-4. R-6. and R-8 Districts premised on the concept of design in a mar.ner intended to that preserve~ and protect~ sensitive natural or man-made features. Cluster development permits a reduction in lot area, yard and bulk requirements as described in Section 10.3.1 in exchange for the reeiproeal proyision of creating common open space within the cluster. 2 AN ORDINANCE: AMENDING AND REORDAINING SUBSECTIONS 18.1.30 (CLUSTER DEVELOPMENT), 18.1.103 (MULTI-FAMILY DWELLING), 18.1.146 (PUBLIC UTILITY, MINOR), 18.1.175 (TELECOMMUNICATIONS USE AND/OR STRUCTURE), AND 18.1.188 (WAREHOUSE), ALL OF SECTION 18.1 (TERMS DEFINED) OF ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION II. That Subsection 18.1.103 (MULTI-FAMILY DWELLING) of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 18.1.103 Multi-Family Dwelling A building containing three or more dwellings units located on a single lot or parcel of ground where each unit access the outside via a common hallway. stairs or elevators. Such units are located back-to-back. adiacent or stacked on top of each other. Multi-family dwellings shall include apartments. condominiums. triplex dwellings. quadruplex dwellings. and "2 over 2" units. SECTION III. That Subsection 18.1.146 (PUBLIC UTILITY, MINOR) of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 18.1.146 Public Utility, Minor A minor Public utility l:ltilities, miRor shall include the following: electric transformer, natural gas, teleeomml:Ul:ieatioR faeilities (iReludiRg bl:lt Rot limited to 3 AN ORDINANCE: AMENDING AND REORDAINING SUBSECTIONS 18.1.30 (CLUSTER DEVELOPMENT), 18.1.103 (MULTI-FAMILY DWELLING), 18.1.146 (PUBLIC UTILITY, MINOR), 18.1.175 (TELECOMMUNICATIONS USE AND/OR STRUCTURE), AND 18.1.188 (WAREHOUSE), ALL OF SECTION 18.1 (TERMS DEFINED) OF ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. exehanges), water and sewer transmission, collection, distribution and metering devises; and water and sewerage pumping stations. SECTION IV. That Subsection 18.1.175 (TELECOMMUNICATIONS USE AND/OR STRUCTURE) of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 18.1.175 Telecommunications Use and/or Structure A use provided by or a structure utilized by a public service utility or commercial public telecommunications service under the jurisdiction of the Virginia State Corporation Commission and/or licensed by the Federal Communications Commission to provide commercial public telecommunications services. A telecommunications structure may include a tower, monopole, and other antenna support structure or equipment buildings. Telecommunications use and/or structure does not include non-commercial applications, such as amateur radio operations. Telecommunications use and/or structure does not include those uses or structures that are accessory to and solely used by an individual business. Telecommunications facilities shall not be considered as Public Utility for the purpose of use designation and identifying authorized zoning districts. 4 AN ORDINANCE: AMENDING AND REORDAINING SUBSECTIONS 18.1.30 (CLUSTER DEVELOPMENT), 18.1.103 (MUL TI-F AMIL Y DWELLING), 18.1.146 (PUBLIC UTILITY, MINOR), 18.1.175 (TELECOMMUNICATIONS USE AND/OR STRUCTURE), AND 18.1.188 (WAREHOUSE), ALL OF SECTION 18.1 (TERMS DEFINED) OF ARTICLE 18 (DEFINITIONS) OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. SECTION V. That Subsection 18.1.188 (WAREHOUSE) of Section 18.1 (TERMS DEFINED) of Article 18 (DEFINITIONS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended and reordained to read as follows: 18.1.188 Warehouse A structure used primarily for the storage of goods and materials which may also include ancillary wholesale sales not to exceed 25% of the site. SECTION VI. This Ordinance shall become effective upon the date and at the time of its final passage. SECTION VII. If any provision of this Ordinance is declared invalid, the decision shall not affect the validity of the Ordinance as a whole or any remaining provisions of the Ordinance. PASSED this 11th day of October 2006. ATTEST: ~~ . C. U stattd, Mayor Town of Leesburg ~.LttJ. d~ erk of Council 5