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Home My Public Portal About2008_07_08_O019 - BAR Time Limits The Town of Leesburg, Virginia PRESENTED: July 8. 2008 ORDINANCE NO: 2008-0-19 ADOPTED: July 8. 2008 AN ORDINANCE: TO AMEND SECTIONS 7.6.7 (DESIGN CRITERIA ON APPEAL TO THE TOWN COUNCIL FOR THE H-2 DISTRICT), 3.10.5 (TO SET A TIME LIMITATION FOR THE BOARD OF ARCHITECTURAL REVIEW TO ACT UPON AN APPLICATION TO OBTAIN A HISTORIC DISRTICT PERMIT IN THE H-l DISTRICT), AND 3.11.8 (TO SET A TIME LIMITATION FOR THE BOARD OF ARCHITECTURAL REVIEW TO ACT UPON AN APPLICATION TO OBTAIN A CERTIFICATE OF APPROVAL IN THE H-2 DISTRICT) OF THE LEESBURG ZONING ORDINANCE The Town Council of Leesburg, Virginia, ordains as follows: SECTION I. Section 7.6.7 (DESIGN CRITERIA ON APPEAL TO THE COUNCIL FOR THE H-2 DISTRICT) of Article 7 (OVERLA Y AND SPECIAL PURPOSE DISTRICTS) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 7.6.7 Design Criteria The Board of Architectural Review (and on appeal, the Tovffl Council) shall find that the application meets all of the following standards and criteria stated below in approving applications filed under this section. These standards and criteria are further defined in the H-2 Corridor Design Guidelines, dated January 23, 1990, which are hereby adopted and shall be used by the Board of Architectural Review in evaluating Certificates of Approval. A. Whether or not the proposed external architectural features, represented by the general design and arrangement, texture, color, line, mass, - 2 - AN ORDINANCE: TO AMEND SECTIONS 7.6.7 (DESIGN CRITERIA ON APPEAL TO THE TOWN COUNCIL FOR THE H-2 DISTRICT), 3.10.5 (TO SET A TIME LIMITATION FOR THE BOARD OF ARCHITECTURAL REVIEW TO ACT UPON AN APPLICATION TO OBTAIN A HISTORIC DISTRICT PERMIT IN THE H-l DISTRICT), AND 3.11.8 (TO SET A TIME LIMITATION FOR THE BOARD OF ARCHITECTURAL REVIEW TO ACT UPON AN APPLICATION TO OBTAIN A CERTIFICATE OF APPROVAL IN THE H-2 DISTRICT) OF THE LEESBURG ZONING ORDINANCE dimension, material and lighting reflect desirable design for the Town of Leesburg. B. Whether or not the proposed structure, building or improvement is compatible with well designed structures, acceptable to the Board of Architectural Review in the vicinity of the proposed structure. C. Whether or not proposed freestanding buildings use the same or architecturally harmonious materials, color, texture and treatment for all exterior walls; and in the case of partially freestanding buildings, whether or not the same or architecturally harmonious materials, color, texture and treatment are used on all portions of all exterior walls. D. Whether or not the combination of architectural elements proposed for a structure, building or improvement, in terms of design, line, mass, dimension, color, material, texture, lighting, landscaping, roofline and height conform to accepted architectural principles for permanent buildings reflecting the character of Leesburg, as contrasted with engineering standards designed to satisfy safety requirements only. E. Whether or not the proposed structure, building or improvement, in terms of design, material, texture, color, lighting, landscaping, dimension, line, mass roof line and height, is designed to serve primarily as an - 3 - AN ORDINANCE: TO AMEND SECTIONS 7.6.7 (DESIGN CRITERIA ON APPEAL TO THE TOWN COUNCIL FOR THE H-2 DISTRICT), 3.10.5 (TO SET A TIME LIMITATION FOR THE BOARD OF ARCHITECTURAL REVIEW TO ACT UPON AN APPLICATION TO OBTAIN A HISTORIC DISTRICT PERMIT IN THE H-l DISTRICT), AND 3.11.8 (TO SET A TIME LIMITATION FOR THE BOARD OF ARCHITECTURAL REVIEW TO ACT UPON AN APPLICATION TO OBTAIN A CERTIFICATE OF APPROVAL IN THE H-2 DISTRICT) OF THE LEESBURG ZONING ORDINANCE advertisement or commercial display, exhibits exterior characteristics likely to deteriorate rapidly, would be of temporary or short-term architectural or aesthetic acceptability, or would otherwise constitute a reasonable foreseeable detriment to the attractiveness and stability of the town's historic arterial corridors. SECTION II. Section 3.1 0.5 (REVIEW OF PLANS IN A TIMELY MANNER FOR HISTORIC DISTRICT PERMITS OF THE H-l HISTORIC OVERLAY DISTRICT) of Article 3 (REVIEW AND APPROV AL PROCEDURES) ofthe Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 3.10.5 Review of Plans in a Timely Manner The Board of Architectural Review shall vote and announce its decision on any matter properly before it at the conclusion of the public meeting on the matter, unless the time is extended by mutual agreement between the Board of Arehiteetural Review and the applieaflt, or unless the Board of .^Lrehiteetural Review postpoaes the matter to its Flext publie meeting due to lack of representatioFl on the part of the applicant.:. The Board of Architectural Review shall render a final decision upon any matter properly before it within seventy- five (75) days or less after the first public hearing on the matter. Any application - 4 - AN ORDINANCE: TO AMEND SECTIONS 7.6.7 (DESIGN CRITERIA ON APPEAL TO THE TOWN COUNCIL FOR THE H-2 DISTRICT), 3.10.5 (TO SET A TIME LIMITATION FOR THE BOARD OF ARCHITECTURAL REVIEW TO ACT UPON AN APPLICATION TO OBTAIN A HISTORIC DISTRICT PERMIT IN THE H-l DISTRICT), AND 3.11.8 (TO SET A TIME LIMITATION FOR THE BOARD OF ARCHITECTURAL REVIEW TO ACT UPON AN APPLICATION TO OBTAIN A CERTIFICATE OF APPROVAL IN THE H-2 DISTRICT) OF THE LEESBURG ZONING ORDINANCE not acted upon within this 75 day period shall be deemed approved unless the parties mutually agree to extend the action time beyond this 75 day period to a date certain. SECTION III. Section 3.11.8 (REVIEW OF PLANS IN A TIMELY MANNER FOR ARCHITECTURAL CONTROL CERTIFICATES OF APPROVAL FOR THE H-2 CORRIDOR OVERLA Y DISTRICT) of Article 3 (REVIEW AND APPROV AL PROCEDURES) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 3.11.8 Review of Plans in a Timely Manner The Board of Architectural Review shall vote and announce its decision on any matter properly before it at the conclusion of the public meeting on the matter, ooless the time is exteaded by mlttual agreement between the Board of ./\rchiteetural Revievl and the applicant, or unless the Board of .\rehiteetural Re':iew postpoFles the matter to its next publie meeting dl:1e to laek of represeBtation on the part of the applicant.:. The Board of Architectural Review shall render a final decision upon any matter properly before it within seventy- five (75) days or less after the first public hearing on the matter. Any application not acted upon within this 75 day period shall be deemed approved unless the - 5 - AN ORDINANCE: TO AMEND SECTIONS 7.6.7 (DESIGN CRITERIA ON APPEAL TO THE TOWN COUNCIL FOR THE H-2 DISTRICT), 3.10.5 (TO SET A TIME LIMITATION FOR THE BOARD OF ARCHITECTURAL REVIEW TO ACT UPON AN APPLICATION TO OBTAIN A HISTORIC DISTRICT PERMIT IN THE H-l DISTRICT), AND 3.11.8 (TO SET A TIME LIMITATION FOR THE BOARD OF ARCHITECTURAL REVIEW TO ACT UPON AN APPLICATION TO OBTAIN A CERTIFICATE OF APPROVAL IN THE H-2 DISTRICT) OF THE LEESBURG ZONING ORDINANCE parties mutually agree to extend the action time beyond this 75 day period to a date certain. SECTION VI. 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 8th day of July 2008. ~~Il.'C~ ~stattd,M~ Town of Leesburg