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HomeMy Public PortalAbout2009_04_28_O005 - ZO Art. 14 Town Branch buffer The Town of Leesburg, Virginia PRESENTED:April 28, 2009 ORDINANCE NO.: 2009-0-005 ADOPTED: April 28, 2009 A RESOLUTION: AMENDMENTS TO ARTICLE 14 OF THE LEESBURG ZONING ORDINANCE WHEREAS, the Town Council adopted resolution 2008-172 on November 12,2008 to amend Article 14 of the Zoning Ordinance to establish standards for buffer reductions along Town Branch; and WHEREAS, these amendments are consistent with Natural Resource Objective 1 of the Town Plan; and WHEREAS, the proposed amendments contribute to the public necessity, convenience, general welfare and good zoning practice. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That Subsection 14.1.2 of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, is hereby amended to read as follows: 14.1.2 Intent The intent is to promote water quality and the preservation of significant environmental resource areas; protect and enhance water and groundwater recharge processes by protection of the natural capacity of vegetative areas along rivers and creeks to filter and purify storm water runoff; protect aquatic environments from the warming effects of solar radiation by preserving riparian tree canopy cover; promote tourism and high quality corporate investment by maintaining to the extent reasonably possible, existin hi water uali ; to maintain the scenic beau of streams in the Town of Leesbur Plan.; and That Subsection 14.2.2 of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, is hereby amended to read as follows: -2- AN ORDINANCE: AMENDING ARTICLE 14 OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. 14.2.2 Reduced Setbacks That Subsection 14.3 of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, is hereby amended to read as follows: 14.3 Effect of Buffer The construction of buildings, structures, parking lots or other impermeable surfaces within the Creek Valley Buffer is prohibited except for the following: Existing improvements including buildin s, roads and structures within the Creek Valle Buffer are not considered non-conforming can be added to and if destroyed by fire or casualty, they can be rebuilt to the same or equivalent -3- AN ORDINANCE: AMENDING ARTICLE 14 OF THE ZONING ORDINANCE OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS AMENDED. setback. Existing residential dwellings may install decks and incidental accessory structures so long as other applicable zoning and development regulations are met. This buffer or setback area does not regulate uses within the setback area, although the Town encourages plantings or natural vegetative and forestal cover within the buffer area. Utilities may be located within the buffer. SECTION II. This Ordinance shall become effective upon its passage. SECTION III. 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 28th day of April 2009. ~'~ \\ ,I I , : 's . Um~taitd, Mayor ~ Town of Leesburg ATTEST: rW