HomeMy Public PortalAbout2007_01_23_O004 Amending the ZO for Emergency Shelters
The Town of
Leesburg,
Vireinia
ORDINANCE NO. 2007-0-04
PRESENTED January 23.2007
ADOPTED January 23. 2007
AN ORDINANCE: AMENDING AND REORDAINING THE ZONING ORDINANCE OF
THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY
ADDING SUBSECTION 9.4.4 (EMERGENCY SHELTERS) TO
SECTION 9.4 (ACCESSORY USES) OF ARTICLE 9 (USE
REGULATIONS) AND BY ADDING SUBSECTION 18.1.56.05
(EMERGENCY SHELTER) TO SECTION 18.1 (TERMS DEFINED) OF
ARTICLE 18 (DEFINITIONS).
The Town Council of Leesburg, Virginia, ordains:
SECTION 1. That the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as
amended, be and the same is hereby amended and reordained by adding Subsection 9.4.4
(EMERGENCY SHELTERS) to Section 9.4 (ACCESSORY USES) of Article 9 (USE
REGULA TIONS), to read as follows:
9.4.4 Emer2encv Shelters
A. 'Emergency Shelters shall be allowed as accessory uses to churches. middle and
high schools. and public buildings serving government or social service functions.
subiect to the limitations established herein.
B. Use Standards:
1. No accessory emergency shelter use shall be permitted unless it is determined
that the following requirements are met. It shall be the applicant's responsibility to
demonstrate compliance with these standards in a plan to be submitted with the
Zoning Permit application. The Zoning Administrator may impose reasonable
conditions to include neighborhood community outreach on the proposed use to
ensure compliance with these standards or other applicable provisions of law.
The plan must demonstrate compliance with the following standards. Upon
AN ORDINANCE: AMENDING AND REORDAINING THE ZONING ORDINANCE OF THE
TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING
SUBSECTION 9.4.4 (EMERGENCY SHELTERS) TO SECTION 9.4
(ACCESSORY USES) OF ARTICLE 9 (USE REGULATIONS) AND BY
ADDING SUBSECTION 18.1.56.05 (EMERGENCY SHELTER) TO
SECTION 18.1 (TERMS DEFINED) OF ARTICLE 18 (DEFINITIONS)
approval of the applicant's plan. and prior to operation of the shelter. a zoning
permit will be issued by the Town of Leesburg. The permit shall be renewed by
July 1 of each year provided that the shelter has operated according to the
approved plan and all conditions set forth below. If the shelter has not maintained
compliance. the zoning permit may be revoked pursuant to subsection 9.4.4.C.
below.
a. Adiacent uses shall be suitably protected from any adverse effects of the use.
including noise and glare. The use shall not create hazardous conditions for
vehicular or pedestrian traffic. or result in traffic in excess of the capacity of
streets serving the use.
b. Adequate refuse management. security. emergency services. and similar
necessary facilities and services shall be available for the temporary use. and
all necessary sanitary facilities shall be approved by the appropriate health
agency.
c. The site is suitable for the proposed use and the use shall not have a
substantial adverse impact on the surrounding neighborhood.
d. Emergency Shelters shall be accessory uses to churches. middle and high
schools. and public buildings serving government or social service functions.
e. Air temperature. wind chill and/or heat index must be forecast at a level below
45 degrees or above 95 degrees to open the emergency shelter.
AN ORDINANCE: AMENDING AND REORDAINING THE ZONING ORDINANCE OF THE
TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING
SUBSECTION 9.4.4 (EMERGENCY SHELTERS) TO SECTION 9.4
(ACCESSORY USES) OF ARTICLE 9 (USE REGULATIONS) AND BY
ADDING SUBSECTION 18.1.56.05 (EMERGENCY SHELTER) TO
SECTION 18.1 (TERMS DEFINED) OF ARTICLE 18 (DEFINITIONS)
f. Accessory Emergency Shelter hours of operation shall not exceed 12 hours in
a 24 hour day.
g. Upon issuance of a Wind Chill Advisory. Winter Storm Warning. Blizzard
Warning. or Excessive Heat Advisory by the National Weather Service Office
in Sterling V A. or other similar alert. the Emergency Shelter shall be
permitted to remain open in excess of the time regulations set forth in
9.4.4.B.l.f.
h. All facilities shall have trained volunteer(s) or staff overseeing the Accessory
Emergency Shelter at all times.
1. Emergency Shelter Sign. One sign not to exceed four (4) square feet in area
with the message content limited to the name of the shelter and information
that the shelter is open for business. The sign shall be permitted and displayed
on the lot only when the conditions set forth in Sections 9.4.4.B.l.e and
9.4.4.B.l.g are forecast. A sign permit shall not be required but all other
applicable regulations of this Zoning Ordinance shall apply.
J. To help ensure protection of neighboring properties. the Emergency Shelter
shall have written rules of conduct for residents as well as a written plan for
handling complaints.
k. Existing parking shall be sufficient to handle the use as an Emergency Shelter.
1. The plan shall demonstrate that no loitering at the site will occur once the
accessorv emergency shelter closes. The submitted plan shall also contain
AN ORDINANCE: AMENDING AND REORDAINING THE ZONING ORDINANCE OF THE
TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING
SUBSECTION 9.4.4 (EMERGENCY SHELTERS) TO SECTION 9.4
(ACCESSORY USES) OF ARTICLE 9 (USE REGULATIONS) AND BY
ADDING SUBSECTION 18.1.56.05 (EMERGENCY SHELTER) TO
SECTION 18.1 (TERMS DEFINED) OF ARTICLE 18 (DEFINITIONS)
provisions for dispersal of patrons arriving on foot and patrons driving or
transported to the facility upon closure of the facility.
m. The shelter shall agree in writing to abide by rules and regulations of the
Loudoun County Continuum of Care Policy and Procedures Manual.
n. Prior to issuance of the Zoning Permit. the applicant must post the property at
all street frontages notifying the neif?:hborhood of the pending application for
an Emergency Shelter. The property must be posted for fourteen (14)
business days prior to the issuance of the Zoning Permit. Should written
obiection to the issuance of the Zoning Permit be received by the Zoning
Administrator within this mandatory notice period the application for the
Emergency Shelter shall appear on the next available Town Council docket
for review. Should no written obiections be received by the Zoning
Administrator within fourteen (14) business days and all other use conditions
are met. the Zoninf?: Administrator shall issue the Zoning Permit for the
Emergency Shelter.
o. Applicants seeking to open an Accessory Emergency Shelter not meeting the
above Use Standards may apply for Special Exception approval from Town
Council.
C. Revocation of Permit
The Zoning Administrator may revoke the zoning permit at any time upon the
failure of the owner or operator of the use covered by the permit to observe all
AN ORDINANCE: AMENDING AND REORDAINING THE ZONING ORDINANCE OF THE
TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING
SUBSECTION 9.4.4 (EMERGENCY SHELTERS) TO SECTION 9.4
(ACCESSORY USES) OF ARTICLE 9 (USE REGULATIONS) AND BY
ADDING SUBSECTION 18.1.56.05 (EMERGENCY SHELTER) TO
SECTION 18.1 (TERMS DEFINED) OF ARTICLE 18 (DEFINITIONS)
requirements of the permit. this article. and other relevant provisions of law.
Notice of such revocation shall be given in writing by the Zoning Administrator
to the owner or operator of the use. by hand-delivery or certified maiL setting
forth the reasons for the revocation. the date and time upon which the revocation
is effective. and the appeals procedure. This provision shall not preclude the use
of any other remedy prescribed by law with respect to violations of the provisions
of this Zoning Ordinance.
D. Appeal
In the case of an appeal from the Zoning Administrator decision of revocation or
denial of a zoning permit. the aggrieved party shall request a meeting with the
Zoning Administrator. Within two business days of the meeting. the Zoning
Administrator shall inform the aggrieved person. in writing. of the decision to
affirm. modify. or rescind revocation of the permit. Any person aggrieved by the
action of the Zoning Administrator in the revocation or denial of a zoning permit
may appeal the decision to the Town Council. The aggrieved shall submit a
written narrative providing reasons behind the appeal along with the date and
reasons for the Zoning Administrator's revocation or denial of the zoning permit.
The request will be placed on the next available Town Council docket for
discussion and action.
E. Nothing contained herein shall supersede language found in the Town
Emergency Preparedness Ordinance.
AN ORDINANCE: AMENDING AND REORDAINING THE ZONING ORDINANCE OF THE
TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED BY ADDING
SUBSECTION 9.4.4 (EMERGENCY SHELTERS) TO SECTION 9.4
(ACCESSORY USES) OF ARTICLE 9 (USE REGULATIONS) AND BY
ADDING SUBSECTION 18.1.56.05 (EMERGENCY SHELTER) TO
SECTION 18.1 (TERMS DEFINED) OF ARTICLE 18 (DEFINITIONS)
SECTION II. That the Zoning Ordinance ofthe Town of Leesburg, Virginia, 2003, as
amended be and the same is hereby amended and reordained by adding Subsection 18.1.56.05
(EMERGENCY SHELTER) to Section 18.1 (TERMS DEFINED) of Article 18
(DEFINITIONS), to read as follows:
18.1.56.05 Emer2encv Shelter
Facilities providing shelter to people within the Town of Leesburg and established in
coni unction with adverse weather conditions (Warming and Cooling Centers). natural
disasters. and other man made situations. including but not limited to terrorism or natural
disaster events. Emergency Shelters shall be established as accessory uses to churches.
middle and high schools. and public buildings serving government or social service
functions within the Town of Leesburg.
SECTION III. This Ordinance shall become effective upon the date and at the time of its
final passage.
SECTION IV. 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 23rd day of January 2007.
~~D
. C. mstattd,Mayor ]---
Town of Leesburg
ATTEST:
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u/it/ )1J.
rk of Council
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