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HomeMy Public PortalAbout2008_08_12_O20 - Amending the ZO Articles 2, 6, 8, 10, 11, 12, 18 The Town of Leesburg, Virginia PRESENTED: August 12.2008 ORDINANCE NO. 2008-0-20 ADOPTED: August 12.2008 AN ORDINANCE: AMENDING THE ZONING ORDINANCE FOR ARTICLE 2 REVIEW AND DECISION-MAKING BODIES; ARTICLE 3 REVIEW AND APPROVAL PROCEDURES; ARTICLE 6 NONRESIDENTIAL DISTRICTS; ARTICLE 8 PLANNED DEVELOPMENT DISTRICTS; ARTICLE 10 DENSITY/ INTENSITY AND DIMENSIONAL STANDARDS; ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS; ARTICLE 12 LANDSCAPING, SCREENING, OPEN SPACE AND LIGHTING; AND ARTICLE 18 DEFINITIONS 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, are and the same is hereby amended to read as follows: 1. Sec. 2.6 Land Development Official 2.6.1 Appointment The Land Development Official shall be appointed by the Town Manager of the Town of Leesburg and shall be the Director of Planning and Zoning. the Director of Plan Review or other designee as designated bv the Town Manager in the particular case. 2.6.2 Powers and Duties The Land Development Official shall have the following powers and duties: A. Transmit Applications. To transmit all land development applications to the appropriate reviewing body and determine compliance with these ordinance requirements. B. Waivers and Modifications. To waive or modify various provisions of this Zoning Ordinance, as expressly specified in this Zoning Ordinance. C. Other Duties. To carry out other duties and responsibilities as authorized by the Town Manager to fulfill the purpose and intent of this Zoning Ordinance. 2. Sec. 2.3 Board of Architectural Review 2.3.5 Election of Officers The Board of Architectural Review shall elect its Chairman and Vice-Chairman from its membership, and the Director of Planning, and Zoning and Developmellt or the Director's designee, shall be its recording secretary. - 2 - ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 3. Sec. 2.4 Board of Zoning Appeals 2.4.8 Annual Report The Board of Zoning Appeals shall prepare an annual report to the Town Council summarizing all appeals and applications made to it and summarizing its decisions on such appeals and applications. At the same time the report is filed with the Town Council, copies shall also be filed with the Zoning Administrator, the Planning Commission, the Town Attorney and the Director of Planning, and Zoning and De'lelopment. 4. Sec. 2.5 Zoning Administrator 2.5.1 Powers and Duties In accordance with Section 15.2-2286 of the Code of Virginia, 1950, as amended, the Zoning Administrator shall be responsible for the administration, interpretation and enforcement of the provisions of this Zoning Ordinance. The Zoning Administrator shall perform all required duties and act in accordance with the terms, purposes, intent and spirit of this Zoning Ordinance. The Zoning Administrator may be assisted in the enforcement of this Zoning Ordinance by the Loudoun County Health Officer, Chief of Police and all other officials of Leesburg, Virginia, pursuant to their respective fields. In addition to those responsibilities specifically prescribed elsewhere in this Zoning Ordinance, the Zoning Administrator shall have the following powers and duties: A. Receipt and Review of Applications. To receive and/or review: . . M. Other Duties. To perform such other duties and responsibilities as authorized by the Town Manager and Director of Planning, and Zoning and Deyelopment in order to fulfill the purpose and intent of this Zoning Ordinance. 5. Sec. 3.1 General 3.1.9 Public Hearing Notices Each public hearing involving planning and zoning matters before the Town Council, Planning Commission or Board of Zoning Appeals requires notice, as set out in Sec. 15.2-2204 of the Code of Virginia, 1950, as amended, and as set forth below. A. Written Notice 1. . . . 7. Certification. At least five (5) calendar days prior to the hearing, an affidavit, prepared by the person or persons, or their representative providing notice, shall be filed with the Director of Planning, and Zoning and De'lelopment certifying that written notices have been sent and such affidavit shall include a list of names of those to whom notice was sent. A copy of such affidavit shall be presented at the beginning of the public hearing on the application. B. Placard Notice. Placard notice shall be posted by the applicant, using a form of placard approved by the Town Council, at least fifteen (15) calendar days and no more than twenty (20) calendar days prior to each public hearing. Certification of posting shall be provided to - 3 - ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE the Director of Planning, and Zoning Ofld Development, except that such certification shall be provided to the Zoning Administrator for public hearings before the Board of Zoning Appeals. 6. Sec. 3.3 Zoning Map Amendments (Rezonings) 3.3.4 Pre-Application Conference Prior to filing an application, the applicant shall meet with representatives from the Department of Planning, and Zoning and Deyelopment to discuss the requirements and the nature of the proposal. For purposes of this conference, the applicant may provide a sketch plan of the proposed use drawn to scale, showing the general layout of the development and the relationship to the surrounding area. 3.3.5 Application Filing A. Rezoning applications shall be filed with the Department of Planning, and Zoning and- De'/elopment. The required application form must be completed and signed by the applicant and owner(s) of the property. B. Upon receipt of an application, the Land Development Official shall acknowledge acceptance or rejection of the application in writing within ten (10) business days from the date of submittal. C. Upon acceptance of a completed application, the application shall be forwarded to all appropriate reviewing agencies for comment. Once the Department of Planning, and Zoning and Developmellt has received all comments, the comments shall be forwarded to the applicant for resolution. 7. Sec. 3.4 Special Exceptions 3.4.2 Initiation of Application An application for a special exception may be filed with the Department of Planning, and Zoning and DevelopmeB:t by a property owner, board or bureau of any government or their agent, or other parties provided by law. 3.4.3 Pre-Application Conference Prior to filing an application for a special exception, the applicant shall meet with the Department of Planning, and Zoning and De'/elopment to discuss the requirements of this section and the nature of the special exception use proposed. For purposes of this conference, the applicant may provide a sketch plan of the proposed use drawn to scale, showing the general layout of the special exception and the relationship to the surrounding area. 3.4.4 Application Filing A. Special Exception applications shall be filed with the Department of Planning, and Zoning and Deyelopmellt. The required application form must be completed and signed by the applicant and owner(s) of the property. - 4 - ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE B. Upon receipt of an application, the Land Development Official shall acknowledge acceptance or rejection of the application in writing within ten (10) business days from the date of submittal. C. Upon acceptance of a completed application, the application shall be forwarded to all appropriate reviewing agencies for comment. Once the Department of Planning, and Zoning IHld Developmellt has received all comments, the comments shall be forwarded to the applicant for resolution. 8. Sec. 3.4 Architectural Control Certificates of Approval (H-2 Corridor Overlay District) 3.11.6 Form of Application Applications for Certificates of Approval must be made on forms provided by the Department of Planning, and Zoning and Development. Complete applications must be submitted at least seventeen (17) days before the next regularly scheduled meeting of the Board of Architectural Review. The Land Development Official or Board of Architectural Review may require a revised application with a new application date when alterations or modifications are made to the accepted application. 9. Sec. 3.16 Town Plan Amendments 3.16.3 Pre-A.pplication Conference Prior to filing an application, the applicant may meet with representatives from the Department of Planning, and Zoning IHld Developmellt to discuss the requirements and the nature of the proposal. For purposes of this conference, the applicant may provide a sketch plan of the proposed use drawn to scale, showing the general layout of the development and the relationship to the surrounding area. 3.16.4 Application Filing A. Town Plan amendment applications shall be filed with the Department of Planning, and Zoning and Developmellt. The required application form must be completed and signed by the applicant and owner(s) of the property. B. Upon receipt of an application, the Land Development Official shall acknowledge acceptance or rejection of the application in writing within ten (10) business days from the date of submittal. C. Upon acceptance of a completed application, the application shall be forwarded to all appropriate reviewing agencies for comment. 10. Sec. 6.4 B-2, Established Corridor Commercial District 6.4.3 Density/Intensity and Dimensional Standards All development in the B-2 District shall be subject to the following standards (See also Article 10): - 5 - ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEES BURG ZONING ORDINANCE Maximum BuUdin Residential Nonresidential Minimum Zonin District Area (acres) [I] [1] New or expanded developments within the B-2 District may have up to a minimum front yard setback of 5 feet if the development of the lot or a development of a combination of abutting lots has at least 400 feet of front yard road frontage. The 5-foot setback is also subject to the following provisions: a. Parking or loading areas for motor vehicles or storage of materials or equipment shall not be located within the reduced front yard setback. b. The total square footage of all structures shall not exceed the maximum allowable square footage permissible within the required setbacks. c. The Director of Plan Review EegiReeriag arul PllhliEi Werks shall determine that such development will not interfere with necessary public improvements or required landscaping. d. The front facade of a building shall have as its primary orientation the adjacent roadway from which the front yard setback reduction is requested. e. Fencing or wall located within the front yard setback shall not exceed 42 inches above grade. [2] See Sec. IOA.5.F. 11. Sec. 8.2.2 Planned Development (PD) Rezoning Plans A. General. A PD Rezoning Plan is the detailed site plan for the proposed planned development. A PD Rezoning Plan must cover all of the land area to be included in the planned development. PD Rezoning Plans shall be processed concurrently with PD Zoning Map amendments. The PD Zoning Map Amendment shall be approved simultaneously with the PD Rezoning Plan. B. Application Filine:. PD Rezoning Plan applications shall be filed with the Planning, and Zoning and- De'lelopment Department. The required application form must be completed and - 6- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE signed by the applicant and owner(s) of the property. The applicant shall keep this information current at all times during the processing of the application. Upon receipt of an application, the Land Development Official shall acknowledge acceptance or rejection of the application in writing within ten (10) working days from the date of submittal. Upon acceptance of a completed application, the application shall be forwarded to all appropriate reviewing agencies for comment. Once all comments have been received by the Department of Planning, and Zoning IHld Development, comments generated by the reviewing agencies shall be forwarded to the applicant. 12. Sec. 10.2 Nonresidential Zoning Districts The following table provides a summary of the Density/Intensity and Dimensional Standards that apply within nonresidential (base) zoning districts. In the event of conflict between this table and the district-by- district listings in Article 6, the standards listed in Article 6 shall control. - 7 - ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE [2] Properties within the H-l Overlay District shall be eligible for reduced front yards (setback) in accordance with Sec.1O.4.5.D.. [3] Minimum Front Setback: 1 foot; Maximum: 20 feet, Actual setback determined in accordance with Sec.1O.4.5.D. [4] New or expanded developments within the B-2 District may have up to a minimum front yard setback requirement of 5 feet if the development of the lot or a development ofa combination of abutting lots has at least 400 feet of front yard road frontage. The 5-foot setback is also subject to the following provisions: a. Parking or loading areas for motor vehicles or storage of materials or equipment shall not be located within the reduced front yard setback. b. The total square footage of all structures shall not exceed the maximum allowable square footage permissible within the required setbacks. c. The Director of Plan Review Eegmeerieg aea PabliEi Werks shall determine that such development will not interfere with necessary public improvements or required landscaping. d. The front facade of a building shall have as its primary orientation the adjacent roadway from which the front yard setback reduction is requested. e. Fencing or wall located within the front yard setback shall not exceed 42 inches above grade. [5] No side-yard setback requirements for lots fronting on Market Street, Loudoun Street, King Street, Wirt Street and Liberty Street. [6] Minimum Lot Width feet: [7] The front, side and rear yard minimum setback shall be increased to be equal to the height of the building where the building height exceeds the required minimum yard setback adjacent to residential uses only. For example, the B-2 District allows a commercial building to be a maximum of 45 feet in height. If the rear yard of the building is to be located adjacent to a residential use (such as townhouses), the building must be at least 45 feet from the property line with the residential use, even though the rear setback for the B-2 District is only 20 feet. [8] Maximum FAR and height increased to 0.65 and 65 feet, respectively when at least 50% of required parking is located within a parking structure. [9] Where a lot is proposed to be rezoned to the B-3 District consistent with the Town Plan, and the lot (a) does not contain 5 acres in area, and (b) is not contiguous to an existing B-3 District, the minimum district size shall not apply. - 8 - ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 13. Sec. 11.6 Parking and Loading Area Design Standards All proposed off-street parking and loading facilities shall comply with the requirements of this section. 11.6.1 General A. Overall Internal Circulation Pattern. All off-street parking and loading facilities shall be designed and constructed in a manner so as to provide for adequate circulation within the site and safe and convenient access onto adjoining streets. Among factors to be considered during the review of parking and loading areas shall be the following: number and location of entrances and travel aisles; need for acceleration, deceleration and turning lanes, and other traffic control improvements; the general arrangement and delineation of parking and loading areas; the quality and quantity of landscaping provided; the means of access to buildings for fire fighting equipment and emergency vehicles; and the needs of the handicapped. B. Entrances and Exits. Driveway entrances shall be designed to accommodate all vehicle types having occasion to enter the site, including delivery vehicles. There should be not more than one entrance and exit or one combined entrance and exit along any street frontage unless deemed necessary by the Land Development Official in order to alleviate traffic congestion and interference along such street. The width of all entrances and exits to off- street parking and loading areas shall comply with the requirements of the Design and Construction Standards Manual, except that the Land Development Official may authorize a narrower driveway entrance/exit width for parking and loading areas within the H-l Overlay District when: 1. The Director of Plan Review Engineering and Publie '.V orles verifies in writing that a narrower driveway entrance/exit is acceptable based on adequate sight distance and vehicle turning movement requirements in the particular case. 2. Sufficient turning space is provided so that vehicles need not back into a public street. 14. 12.4 Street Trees 12.4.1 Applicability Street tree planting is required any time a street is constructed, extended or widened, including any capital improvement projects, and all development applications, including Site Plan Waiver, and for all development and redevelopment within the corporate limits except as specifically modified during the rezoning process. This requirement shall apply to all zoning districts. Street trees shall be located within the public rights-of-way except where the Land Development Official and the Director of Plan Review Engineering IHld Publie Works determine unacceptable conflicts with public facilities will result. 15. ARTICLE 18 DEFINITIONS 18.1.85 Land Development Official A Town official appointed bv the Town Manager who may be the Director of Planning and Zoning. the Director of Plan Review or other designee as designated by the Town Manager in the particular case .^..n appointed Town official who serves as tbe Director of Planning, Zoning and De'/elopmellt f-or Leesburg, Virginia, or his or her designee. - 9- ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE 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 after the effective date. PASSED this 12th day of August 2008. ~c -~-.:en c. mstattd, Ma~ Town of Leesburg