HomeMy Public PortalAbout2008_04_22_O010 - Amending the ZO Section 3
The Town of
Leesburg,
Virginia
PRESENTED: April 22. 2008
ORDINANCE NO. 2008-0-10
ADOPTED: April 22. 2008
AN ORDINANCE: AMENDING AND REORDAINING VARIOUS SECTIONS OF
THE ZONING ORDINANCE OF THE TOWN OF LEESBURG,
VIRGINIA, 2003, AS AMENDED.
The Town Council of Leesburg, Virginia, ordains:
SECTION 1. That Subsection 3.18 (INTERIM WAIVERS) of Article 3
(REVIEW AND APPROVAL PROCEDURES) of the Zoning Ordinance of the Town of
Leesburg, Virginia, 2003, as amended, is hereby created to read as follows:
3.18 Interim Waivers
A. The Town Council shall have the authority to waive the
requirements of the sections listed below:
Section 6.3.3D Minimum yards/setbacks in the B-1 Downtown district
Section 6.4.3D Minimum yards/setbacks in the B-2 Commercial district
Section 1 OA.5E Additional setback requirements from certain streets
Section 11.3 Number of parking spaces required
B. The Town Council shall conduct a duly noticed public hearing
pursuant to Section 3.3.9 ofthe Zoning Ordinance and may waive or
modify said sections after finding:
1. that the current regulations inhibit the implementation of the
traditional urban form as prescribed in the Town Plan. and
2. which Town Plan obiectives are unable to be implemented. and
3. that the current regulation is in conflict with the Town Plan. and
4. that the waiver does not create incompatibilities or negative impacts
upon surrounding properties or uses.
C. In approving a waiver to Section 11.3 (Parking Standards Table). the
Town Council shall conduct a duly noticed public hearing pursuant to
Section 3.3.9 of the Zoning Ordinance and may either:
1. utilize the provisions of Section 11.4.2 (Shared Parking/Joint Use). or
2. require the applicant to provide a parking study prepared by a certified
planner or registered professional engineer which iustifies a reduced
parking requirement and certifies there will be no adverse impacts to
the surrounding properties.
D. If the waiver request is related to a Planned Development rezoning
application. it may be processed simultaneously pursuant to Section 8.2.2E
(Zoning Modification).
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SECTION II. That Subsection 6.3.3D (MINIMUM YARDS/SETBACKS) of
Section 6.3 (B-1 COMMUNITY DOWNTOWN BUSINESS DISTRICT) of Article 6
(NON-RESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of Leesburg,
Virginia, 2003, as amended, be and the same is hereby amended to create the following
footnote:
[61 Pursuant to the process outlined in Section 3.18. the setbacks may be waived
or modified by the Town Council.
SECTION III. That Subsection 6A.3D (MINIMUM YARDS/SETBACKS) of
Section 6.3 (B-2 ESTABLISHED CORRIDOR COMMERCIAL DISTRICT) of Article
6 (NON-RESIDENTIAL DISTRICTS) of the Zoning Ordinance of the Town of
Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to create the
following footnote:
[61 Pursuant to the process outlined in Section 3.18. the setbacks may be
waived or modified by the Town Council.
SECTION IV. That Subsection 1OA.5E (ADDITIONAL SETBACK
REQUIREMENTS FROM CERTAIN STREETS) of Article 10 (DENSITY/INTENSITY
AND DIMENSIONAL STANDARDS) of the Zoning Ordinance of the Town of
Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to create the
following footnote:
[61 Pursuant to the process outlined in Section 3.18. the setbacks may be waived
or modified by the Town Council.
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SECTION V. That Subsection 11.3 (NUMBER OF PARKING SPACES
REQUIRED) of Article 11 (PARKING, LOADING AND PEDESTRIAN ACCESS) of
the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as
amended, be and the same is hereby amended to read:
All uses shall be subject to the minimum off-street parking requirements
established in this section unless modified parking standards are included as a
proffer or as a condition of the approval of a special exception or conditionally
permitted use, or otherwise modified by provisions of this Zoning Ordinance.
Pursuant to the process outlined in Section 3.18 of this ordinance. these parking
requirements may be modified by the Town Council.
SECTION V1. This Ordinance shall become effective on April 23, 2008 and shall
apply to all new land development applications accepted after the effective date.
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 22nd day of April 2008.
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Town of Leesburg
ATTEST:
TemporaryWaiver. ZOAM.draft ord4-08