HomeMy Public PortalAbout2008_04_22_O009 - Amending the ZO Articles 8, 9, 15, 17
The Town of
Leesburg,
Virginia
PRESENTED: April 22, 2008
ORDINANCE N0.2008-0-9
ADOPTED: April 22, 2008
AN ORDINANCE: AMENDING THE ZONING ORDINANCE FOR ARTICLE 3 REVIEW AND
APPROVAL PROCEDURES, ARTICLE 8 PLANNED DEVELOPMENT
DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 15 SIGN
REGULATIONS AND ARTICLE 17 ENFORCEMENT AND PENALTIES
The Town Council of Leesburg, Virginia, ordains:
SECTION I. That the following sections of the Zoning Ordinance of the Town of Leesburg,
Virginia, 2003, as amended, be and the same is hereby amended to read as follows:
1. Section 9.6 Business Special Events and Sections 15.5.2 and 15.5.5.
Sec. 9.6 Business Special Events
9.6.1 Purpose and Intent
At the time of a new business grand opening or a special sales event a business shall be permitted to
display items on the site designed to attract additional visibility subiect to the controls, limitations and
regulations of this section. The following sections provide the procedures and criteria used by the
Zoning Administrator or designee in reviewing such business special event applications.
9.6.2 Permitted Business Special Events
1. Grand Opening
2. Special Sales Events
9.6.3 Permit Reauired
A zoning permit shall be issued by the Zoning Administrator or designee prior to commencement of
such special event activity governed by this ordinance. The applicant shall provide the dates of the
activity, a plan showing the location of tents and displays, signage tyPe and location along with any
additional information necessary for the Zoning Administrator or designee to determine the proposed
activity complies with the provisions of this ordinance.
9.6.4 Duration
A business special event shall be permitted three (3) times per year for a three (3) day period, each
event.
9.6.5 Location
No such activity shall be located closer than 200 feet to a residential use except in the H-l Old and
Historic Overlay District.
9.6.6 Off-street Parkina and access
Adequate provisions must be made for off-street parking and safe ingress/egress.
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9.6.7 Hours of Operations
Such events are permitted between 8:00 a.m. and 10:00 p.m. inclusive of set-up and knock- down time.
9.6.8 Illumination
Night operations mav be permitted only if there is a lighting plan approved by the Zoning
Administrator or designee which provides for safe lighting without excessive glare into residential
areas or onto public streets.
9.6.9 Sians.
Signs shall be located on-site and cannot be placed in the public right-of-way. The permitted signs may
stay on-site for the duration of the event. Signs cannot be located in a manner that will create a sight
distance or safety hazard for motorists.
1. One (1) banner sign in accordance with Sec. 15.6.1 A. Special Sales Event. A separate
temporary sign permit is not required when included with the Business Special Event Zoning
Permit.
2. Two (2) real estate signs as defined in Sec. 15.4.14 or A-frame signs, no larger than 5 square
feet each.
3. Streamers, Pennants and Flags.
9.6.10 Tents
Tents and similar type structures requested for the event shall be included with the Business Special
Event Zoning Permit.
15.5.2 Portable Signs
Any sign not permanently affixed to a building, structure or the ground. This category includes, but is
not limited to, A-frame signs, signs attached to or placed on vehicles not used for the daily conduct of
the business, banners, balloons, inflatable signs and similar devices used to attract attention. This
category of signs will not apply to temporary signs listed in Sec. 15.6 and signs authorized in Sec. 9.6.
15.5.5 Animated Signs
Signs that involve or simulate motion or rotation, including but not limited to pennants, propellers,
disks, streamers and flags. This prohibition shall not apply to the hands of a clock, a weathervane, or
flags meeting the requirements of this article and signs authorized in Sec. 9.6.
2. Section 9.4.3.6 Employees (Home Occupations)
9.4.3 Home Occupations
E. Use Limitations
In addition to the regulations applicable in the zoning district in which located, all home
occupations shall be subject to the following limitations and requirements:
6. Employees.
No persons other than mea) Members of the family occupying such dwelling shalt may be
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employed on the premises in connection with the home occupation. (b) One employee, other
than members of the family occupying such dwelling, shall be permitted to work on site given
one additional off-street parking space is provided.
3. Section 15.4.12 Temporary Political Signs
15.4.12 Temporary Political Signs
Temporary political campaign signs on private property not to exceed niFle (9) twenty-four (24) square
feet in area and six (6) feet in height. Such signs shall not be erected more than 45 days prior to the
election and shall be removed within five (5) days after the election. If, after reasonable notice, such
signs are not removed, the town may remove them and the candidate, organization or person who
caused the sign to be erected may be charged for the removal.
4. Section 17.2.1.A Criminal Violations and Sanctions
17.2.1 Criminal Violations and Sanctions
A. Any violation of the provisions of this Zoning Ordinance, other than those expressly
identified as constituting civil violations (See Sec. 17.2.2), shall be deemed Class 2 criminal
misdemeanors and, upon conviction thereof, shall be punishable by a fine of not more than
$1,000.00 for each separate offense. Each day during which the violation is found to have
existed shall constitute a separate offense. However, any conviction resulting from a
violation of provisions regulating the number of unrelated persons in single-family residential
dwellings shall be punishable by a fine of up to $2,000. Failure to abate the violation within
the specified time period shall be punishable by a fine of up to $2,000, and any such failure
during any succeeding 1 O-day period shall constitute a separate misdemeanor offense for each
10-day period punishable by a fine of up to $2,500. A conviction resulting from a violation of
provisions regulating the number of unrelated persons in single-family residential dwellings
shall not be punishable by a jail term.
5. Minor Modifications to Rezonings and Special Exceptions
Sec. 3.3 Zoning Map Amendments (Rezonings)
3.3.20 Minor Modifications
A Minor Modification to the approved rezoning concept plan or proffers may be approved at
the sole discretion of the Land Development Official where it is determined that the following
criteria are met:
a. Changes are limited to minor layout, design or dimensional modifications in
response to issues of topography. drainage, underground utilities, structural safety,
vehicular circulation or requirements of government agencies:
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b. There are no negative impacts to the surrounding properties:
c. Modifications shall not include the addition of any structure or addition to any
structure in excess of five percent (5 %) or 2,500 square feet, whichever is less:
d. No new conditions, proffers or amendments are necessary:
e. There are no code enforcement complaints or actions pending on the site:
f. Proposed changes do not increase intensity of the use. Examples include, but are not
limited to, increased seats, employees, visitors, customers, vehicle trips or hours of
operation):
g. Modifications may be requested for:
i. a setback to accommodate healthy existing trees and/or their root zones:
ii. setbacks to accommodate an error in siting:
iii. change to the location or design of buffers, landscape areas or trees provided there
is no reduction in plant materials or area:
iv. change or reduction in vehicle loading areas
v. reduction in number of parking spaces by an amount not to exceed 10 percent of
the spaces required per Section 11.3 (Parking Standards Table).
3.4.15 Amendments to Approved Special Exceptions
An amendment is a request for any enlargement, expansion or increase in intensity, or
relocation of any previously approved and currently valid special exception use or condition
thereof.
a. The application and review process for an amendment of a special exception shall be the
same as specified for the approval of the original exception unless the request complies with
the criteria in Subsection b, below.
b. A Minor Modification may be approved at the sole discretion of the Land Development
Official where it is determined that the following criteria are met:
a. Changes are limited to minor layout, design or dimensional modifications in response
to issues of topography, drainage. underground utilities, structural safety, vehicular
circulation or requirements of government agencies:
b. There are no negative impacts to the surrounding properties:
c. Modifications shall not include the addition of any structure or addition to any
structure in excess of five percent (5 %) or 2,500 square feet, whichever is less:
d. No new conditions, proffers or amendments are necessary:
e. There are no code enforcement complaints or actions pending on the site:
f. proposed changes do not increase intensity of the use. Examples include, but are not
limited to, increased seats, employees, visitors, customers, vehicle trips or hours of
operation):
e:. Modifications may be requested for:
i. a setback to accommodate healthy existing trees and/or their root zones:
ii. setbacks to accommodate an error in siting:
iii. change to the location or design of buffers, landscape areas or trees provided
there is no reduction in plant materials or area:
iv. change or reduction in loading areas
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v. reduction in number of parking spaces by an amount not to exceed 10 percent of
the spaces required per Section 11.3 (Parking Standards Table).
8.2.3.E Effect
The provisions of an ordinance approving a Planned Development Zoning Map Amendment or
any proffered conditions made a part thereof shall govern those matters covered in Sec. 8.2.3.B.
Any changes proposed in an approved planned development shall be by amendment of the
ordinance in accordance with procedures provided herein for adoption of such an ordinance..
unless the request complies with the criteria of Section 8.2.4 Minor Modifications.
8.2.4 Minor Modifications
A Minor Modification may be approved by the Land Development Official where it is
determined that the following criteria are met:
a. Changes are limited to minor layout, design or dimensional modifications in response
to issues of topography, drainage, underground utilities, structural safety, vehicular
circulation or requirements of government agencies:
b. There are no negative impacts to the surrounding properties:
c. Modifications shall not include the addition of any structure or addition to any
structure in excess of five percent (5 %) or 2,500 square feet, whichever is less:
d. No new conditions, proffers or amendments are necessary:
e. There are no code enforcement complaints or actions pending on the site:
f. proposed changes do not increase intensity of the use. Examples include, but are not
limited to, increased seats, employees, visitors, customers, vehicle trips or hours of
operation):
g. Modifications may be requested for:
i. a setback to accommodate healthy existing trees and/or their root zones:
ii. setbacks to accommodate an error in siting:
iii. change to the location or design of buffers, landscape areas or trees provided
there is no reduction in plant materials or area:
iv. change or reduction in loading areas
v. reduction in number of parking spaces by an amount not to exceed 10 percent of
the spaces required per Section 11.3 (Parking Standards Table).
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. Severability. If a court of competent jurisdiction declares any provision of this
ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining
provisions of the zoning ordinance.
SECTION IV. This ordinance shall be in effect upon its passage and shall apply to all new land
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development applications accepted after the effective date..
PASSED this 22nd day of April 2008.
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Town of Leesburg
TLOA-2008-000 1 VariousOrdRev