HomeMy Public PortalAbout2009_05_27_O006 - ZO Art. 3, 5, 6, 9, 10, 11, 12, 15
The Town of
Leesburg,
Virginia
PRESENTED: May 27. 2009
ORDINANCE NO. 2009-006
ADOPTED: May 27.2009
AN ORDINANCE: AMENDING THE ZONING ORDINANCE FOR ARTICLE 3 REVIEW AND
APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING
DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 8
PLANNED DEVELOPMENT DISTRICTS, ARTICLE 9 USE
REGULATIONS, 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, be and the same are hereby amended to read as
follows:
1. Section 3.3.4 Pre-Application Conference (rezonings) to add a
requirement for a sketch plan:
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 to discuss the requirements and the nature of the
proposal. For purposes of this conference, the applicant may shall 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. This sketch plan shall be submitted at least two
weeks before the date of the pre-application conference. The results of the pre-application
meeting shall be documented and distributed to the applicant and participating staff.
2. Section 3.3.6 Submittal Requirements (rezonings) to amend, clarify
and specify requirements for rezoning minimum submission
req uiremen ts:
Sec. 3.3 Zoning Map Amendments (Rezonings)
3.3.6 Submittal Requirements
All rezoning applications shall be accompanied by the following items:
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A. Application. An application, on a form provided by the town, completed and 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.
B. Fee. Associated fee, payable to the Town of Leesburg.
C. Disclosure Statement. A disclosure statement of the real parties in interest, on a
form provided by the town, signed by the applicant and notarized, in accordance with
Section 15.2-2289 of Code of Virginia, 1950, as amended. The applicant shall keep
this information current at all times during the processing of the application.
D. ExistinQ Conditions Plan
1. Boundary outline of the subiect property:
2. Existing planimetric information on the subiect property:
3. Names and route numbers of all boundary roads or streets. and the width of
existing rights-of-way:
4. Existing topography with 5' contours:
5. Existing utility easements:
6. Structures within 200 feet of proposed structure or use:
7. Existing landscaping and treed areas: and
8. Scale. north arrow and date:
DE. Concept Plan. Twenty (20) copies, or other number as determined by the Land
Development Official, of a concept plan, drawn to a scale of 1 inch = 100 feet, or a
scale agreed to by the Town, illustrating the following features:
1. Insert vicinity map;
2. Total area of property in square feet and acres;
3. Tax map parcel or pin number of the subject property;
4. Conceptual grading topography with 5' contours and directional arrows
depicting overland drainage;
5. Scale, north arrow and date;
6. Adjacent owner names, zoning and use;
7. Vehicular and pedestrian points of access to the property;
8. Existing and proposed utility easements;
9. Conceptual sewer and water connections to each proposed structure;
10. Existing and proposed structures;
11. Required yards and height and proposed setbacks and building heights. both in
tabular form and graphically shown on the Concept Plan;
12. Environmental and historic features, including but not limited to sites or
structures listed on the National Register of Historic Places or the Virginia
Landmarks Register, or in the Town Plan Historic Resources element;
13. Structures within 200 feet of proposed structure or use;
14. Existing and proposed landscaping, screening and buffering;
15. Tree save areas, which may include individual trees and groupings; aflEl
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16. Additional information as may be required for a Planfled Deyelopment lHlder
Article 8 or as deemed appropriate by the Land Development Official to provide
a comprehensible application given the rezoning proposal. Any additional
information that may be required will be discussed as part of the pre-application
meeting;
17. Building Elevations for all new construction or major alterations to exiting
structures;
18.All submittal documents (e.g., Statement of Justification, proffers, etc.) shall be
submitted in a digital word format (.DOC) speeified by the Tmvn; aflEl
19.All plans shall be submitted in a digital format (.PDF and .DXF); specified by
the To'.vn.
20. Where a proposed structure lies within 50' of the boundary of the property.
cross-sections extending 50 feet from within the subiect property and extending
50 feet into the adioining property shall be provided;
21. Where a street is proposed. a typical section shall be provided. The typical
section should include the location and dimensions of: curb and gutter. on-street
parking (if provided), travel lanes. landscaping areas. and sidewalk. The section
should extend from building face to building face or 20' beyond the paving
section: and
22. A lighting plan shall be provided to depict the general location of lighting
fixtures and their general lighting distribution pattern.
EF. Statement of Justification. Twenty (20) copies, or other number as determined
by the Land Development Official, of a written statement of justification
describing:
1. The nature of the request and uses proposed;
2. Traffic Impact Analysis. Traffic impacts, including the maximum expected trip
generation and the distribution of such trips by mode and the time of day based on
current Institute of Transportation Engineers (ITE) Manual, internal road network,
and connection into the existing transportation network. A traffic study, as
described in Article 7 of the Design and Construction Standards Manual, will be
required for all applications where the proposed land use:
a. is adjacent to a road that currently carries or is proposed to carry
more than 500 vehicle trips per day (VPD); or
b. contains a road proposed to carry more than 500 vehicle trips per
day (VPD); or
c. is adjacent to a road that currently or is proposed to carry 100 or
more peak hour vehicle trips per day; or
d. if the traffic study for the proposed activity is more than one (1)
year old.
e. Waiver Provision. This requirement may be waived at the
discretion of the Land Development Official at the applicant's
written request filed with the initial application. Any such waiver
shall be based upon a finding that such analysis is unnecessary due
to the existence of previous studies and analyses which adequately
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cover the extent of the proposed development and its traffic
impact, or if applicant supplies adequate proof that the proposed
use does not increase the number of employees or customers using
the site, or if otherwise justified by the applicant. The Land
Development Official shall set forth in writing the reasons for the
determination.
3. Impacts on adjacent uses and measures proposed to mitigate such impacts;
4. Area calculations for each use;
5. Dwelling unit count and mix or proposed building Floor Area Ratio (F.A.R.);
6. Relationship of the proposal to the Town Plan; and
7. Justifications for each of the required approval criteria: and
8. Any proposed variations or modifications of submittal requirements.
3. Sec. 3.3.6.1. Conceptual Gradini! Plan to establish the scope of the
grading plan that must be submitted with rezoning applications:
y. Prelimin31"}' Conceptual Grading Plan. A preliminary grading plan is required
for the entire project when slopes tmeeeding fifteen pereent (15%) ..'{ill be developed
conceptual grading plan is required for all rezoning applications. This plan shall be
based upon field shot topography. aerial topography. or Loudoun County GIS
topography and shall at a minimum include the following information:
a. Adequate existing and proposed contours and spot shots to confirm that
adequate drainage and stormwater management can be provided for the
site.
b. The location of potential SWMlBMP facilities including sufficient
preliminary SWMlBMP computations to ensure that the site layout will
not have to be significantly altered to provide these facilities at time of
the construction drawings.
c. A clear depiction of the location of any potential areas of existing or
proposed steep slopes (greater than 3: 1 ) including locations and heights
of any required retaining walls as well as any conceptual stabilization
measures. proposed ground covers. etc.
4. Sec. 3.3.6.K Archeoloi!icallHistoric Information to require the study
at the time of first submission:
K,b. Archeoloaical/Historic Information. Applicant shall provide the following
information prior to approval with the initial submission to determine if there are
historic and/or archeological resources oflocal, state or national significance that
are worthy of protection on the proposed site.
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5. Section 3.4.3 Pre-Application Conference (special exceptions) to add
a requirement for a sketch plan:
Sec. 3.4 Special Exceptions
3.4.3 Pre-application Conference
Prior to filing an application for special exception, the applicant shall meet with
representatives from the Department of Planning and Zoning to discuss the
requirements of this section and the nature of the special exception use proposed.
For purposes of this conference, the applicant may shall 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. This sketch plan shall be
submitted at least two weeks before the date of the pre-application conference.
The results of the pre-application meeting shall be documented and distributed to
the applicant and participating staff.
6. Sec. 3.4.6 Submittal Requirements (special exception) to amend,
clarify and specify requirements for special exception minimum
submission requirements:
Sec. 3.4 Special Exceptions
3.4.6 Submittal Requirements
A special exception application shall be accompanied by the following items:
A. Application. An application, on a form provided by the town, completed and 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.
B. Fee. Associated fee, payable to the Town of Leesburg.
C. Statement of Compliance. Written statement with supporting evidence regarding
compliance with the Approval Criteria of Sec. 3.4.12 and applicable use standards of
Sec. 9.3 if applicable. This statement may be combined with the statement required in
Sec. 3.4.6.F.
D. Disclosure Statement. A disclosure statement of the real parties in interest, on a
form provided by the town, signed by the applicant and notarized, in accordance with
Section 15.2-2289 of Code of Virginia, 1950, as amended. The applicant shall keep
this information current at all times during processing of the application.
E. Special Exception Plat Twenty (20) copies, or other number as determined by the
Land Development Official, of a concept plan, drawn to a scale of 1 inch = 100 feet,
or a scale agreed to by the Town, illustrating the following features:
1. Boundaries of the entire property;
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2. Total area of property in square feet and acres;
3. Location of all existing and proposed structures, fincluding but not limited to
lighting, signs and buildings1;
4. Location and distance of all off-site structures within fifty (50) feet of the
property, fl including but not limited to lighting, signs and buildings;
5. Required yards and height and proposed setbacks and building heights, both in
tabular form and graphically shown on the plat. ,^.JI reql:1ired minimum yards and
the distances of all existing and proposed structures to the lot lines;
6. Public right(s) of way, indicating names, route numbers, and width;
7. Proposed means of ingress and egress to the property from a public street for
vehicular and pedestrian traffic;
8. Parking spaces, existing and/or proposed, indicating minimum distance from the
nearest property line;
9. Where applicable, seating capacity; useable outdoor recreation area, emergency
access, fencing, limits of clearing, landscaping and screening, outside lighting,
loudspeakers and required and/or proposed improvements to public right(s) of
way; aflEl
10. Existing zoning designation and use of subject and adjacent properties;
11. Building Elevations for all new construction or major alterations to exiting
structures;
11. All submittal documents (e.g., Statement of Justification) shall be submitted in a
word format (.DOC) speeified by the To\vu; and
12. All plans shall be submitted in a digital format (.PDF and .DXF); specified by
the TO'lm.:.
13. Existing topography with 5' contours:
14. Existing and proposed landscaping, screening and buffering:
15. Scale, north arrow and date:
16. Tax map parcel or pin number of the subject property:
17. Conceptual grading with 5' contours and directional arrows depicting overland
drainage;
18. Adjacent owner names:
19. Existing and proposed utility easements:
20. Environmental and historic features, including but not limited to sites or
structures listed on the National Register of Historic Places or the Virginia
Landmarks Register, or in the Town Plan Historic Resources element:
21. Tree save areas, which may include individual trees and groupings:
22. Additional information as may be required by the Land Development Official to
provide a comprehensible application given the special exception proposal. Any
additional information that may be required will be discussed as part of the pre-
application meeting;
23. Where a proposed structure lies within 50' of the boundary of the property, cross-
sections extending 50 feet from within the subject property and extending 50 feet
into the adioining property shall be provided:
24. Where a street is proposed, a typical section shall be provided. The typical section
should include the location and dimensions of: curb and gutter, on-street parking
(if provided), travel lanes, landscaping areas, and sidewalk. The section should
extend from building face to building face or 20' beyond the paving section: and
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25. A lighting plan shall be provided to depict the general location of lighting fixtures
and their general lighting distribution pattern.
6. Sec. 6.5.2. B-3~ Community Retail/Commercial District to add
"convenience food store":
Sec. 6.5 B-3, Community Retail/Commercial District
6.5.2 Use Regulations
Uses are allowed in the B-3 District in accordance with the following table. A "P" in the
second column of the table indicates that the use is permitted by-right, subject to
compliance with all applicable standards of this Zoning Ordinance. An "S" in the second
column of the table indicates that the use may be allowed if reviewed and approved in
accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses
permitted in all zoning districts, see the Use Table in Sec. 9.2.
7. Sections 6.6.2 & 6.6.3 B-4 District to remove the F.A.R. maximum
and 5-story height limit, make personal services a by right use and add
indoor theater by special exception:
6.6 B-4, Mixed-Use Business District
6.6.2 Use Regulations
Uses are allowed in the B-4 District in accordance with the following table. A "P" in the
second column of the table indicates that the use is permitted by-right, subject to
compliance with all applicable standards of this Zoning Ordinance. An "S" in the second
column of the table indicates that the use may be allowed if reviewed and approved in
accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses
permitted in all zoning districts, see the Use Table in Sec. 9.2.
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6.6.3 Density/Intensity and Dimensional Standards
All development in the B-4 District shall be subject to the following standards (See also Article
10):
6,000
2,400
3,000
3,000
6,000
10,000
80,000
50
24
30
30
60
100
200
o.&-None
20
10
20
20
5
[11 Mixed-Use buildinQs (residential above non-residential) shall be permitted 70 feet
maximum buildinQ heiQht.
8. Sec. 8.3.7.C.2 Requirements of Landscapini! in All Planned
Developments to remove unnecessary plant details:
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Sec. 8.3.7 .C.2 Requirements of Landscaping in All Planned
Developments
C. Applications for PD Rezoning Plan approval shall include a landscape plan
drawn to scale of one inch to 100 feet for all land to be used for other than single-
family detached dwelling lots showing:
1. The proposed extent and location of new plant materials indicated at
mature sizes and to include other landscape features;
2. The species and size of existing plant materials proposed to be used as
part of landscaping plan;
3. The proposed treatment of all ground surfaces with paving, turf, gravel
or other ground cover;
4. The proposed schedule of plant materials with eommon and botanical
names, sizes at planting and quantities;
5. The proposed plan for outdoor lighting.
6. The protection of existing trees and preservation of soil aeration,
drainage and moisture: and
7. Slope stability measures for slopes exceeding 3: 1 gradient.
9. Section 8.6 Planned Emplovment Center (PEC) District to make
"personal service" uses by right:
Sec. 8.6 PEC, Planned Employment Center District
8.6.3. Support Uses
The following support uses are permitted in a PEC District when permitted in the
ordinance approving the PD Rezoning Plan and establishing the district and when
subordinate to principal office or industrial uses, except that personal services:
II principal and accessory residential uses intended as living quarters for employees or
wners of establishments within the district if located and designed in a manner
ro riate to the character and function of the district.
[1] Services. Personal shall be permitted by right in any approved PEC District.
10. Section 8.6.7. of Planned Employment Center (PEC) District to
remove the Floor Area Ratio Averaging requirements:
8.6.7 Floor Area Ratio
The maximum floor area ratio within a Planned Employment Center shall not exceed the
maximum described in the ordinance approving the PD Rezoning Plan. Planned
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Development intensity shall be limited in accordance with Secs. 8.3.4. Planned
Development Residential Density Limits and 8.3.5. Planned Development Nonresidential
Density Limits. or the maximwn. established by gee. 8.3.1D.1, provided that any
individual lot in a PBC Distriet may have a Floor Area Ratio up to a maximum of 0.6
provided that the total maKimUffi F ,^.R speeified in the ordinanee creating the PEC
Distriet is not exceeded, and sl:1bject to the following reqairements:
A. FAR A\'oraging Plan. The applicam shall submit a plan at the time of
subdivision plat or site plan submission that demonstrates lHlified control and
identifies Floor Area Ratios requested for speeific lots land bays and their land
area acreages to shmv that the o'/erall F,^.R ,:.'ill Hot be exeeeded, or the applicant
may identify on a site plan a like sized lot under unified eontrol ';mere the F f...R
shall be redaced beIO'.'.' the speeified maximum so that the combined FAR of the
two lots shall not exeeed the overall Floor Area Ratio for the district.
B. Subdivision Plat and Site Plan Notation. For any lot '.vith a Floor Area
Ratio of other than 0.1, a tabulation indieating the F.^...R Averaging Plan shall be
shovm on the subdivision plat and any site plans.
C. Rostricti\'o Co',enant. Whenever subdivision lots or site plans are
submitted under the F f...R Averaging option deseribed in this section, a restrictive
co'.'enant that sets forth the FAR ,\ veraging Plan shall be incladed in the deeds
neeessary for subdivision or site plan approval. The restrictive eovenant shall run
with the land and mast be in a f{)rm approved by the To'.VR ,^..ttomey
11. Section 8.6.8 of Planned Employment Center (PEC) District to
remove the open space requirement for individual lots:
8.6.8 Open Space
At least 20 percent of the gross area of a Planned Employment Center and 20 pereent of
the area of each lot therein shall be open space. Any common open space provided shall
be maintained as required by Sec. 8.3.6. All open space shall be included in the
development schedule and be fully improved by the developer at a rate equivalent to or
greater than the construction of all structures.
12. Sec. 9.2 Use Re2ulations Use Table to add new uses:
9.2 Use Table
The Use Table of this section provides a summary of the uses allowed within base
zoning districts. In the event of conflict between this Use Table and the district-by-district
listings in Article 5 and Article 6, the standards listed in Article 5 and Article 6 shall
control. The symbols used in the Use Table have the following meanings.
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13. Section 10.2. Nonresidential Zonin2 Districts to remove the F.A.R.
maximum and 5-story height imitation in the B-4 District:
See 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.
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[2] Properties within the H-1 Overlay District shall be eligible for reduced front yards (setback) in accordance with
Sec. 10.4.5.0
[3] Minimum Front Setback: 1 foot; Maximum: 20 feet, Actual setback determined in accordance with Sec. 10.4.5.0.
[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 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.
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c. The Director of Engineering and Public Works 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:
50
30
100
30
60
I 200
[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 district only. For
example, the 8-2 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 8-2 District is only 20 feet.
[8] Maximum FAR and height increased to 9.e5 and e5 feet, respectively when at least 59% of FElquired parking is
located within a parking structure.
I9l IID Where a lot is proposed to be rezoned to the 8-3 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 8-3 District, the minimum district size shall not apply.
14. Sec. 10.3.1.B Cluster Subdivisions to make an exception for existing
structures:
10.3.1. Residential Cluster Development
B. Structure Location Requirements
1. The minimum distance between any two buildings or structures in a
cluster development shall be 10 feet.
2. The minimum distance between any buildings or structures and public
street edge of right-of-way shall be 15 feet, provided that the minimum
setback for any garage opening shall be 20 feet.
3. A buffer area of at least 50 feet in width shall be provided along the
perimeter of a residential cluster development boundary. No new building,
structure, driveway, parking or loading areas shall be located within the
buffer.
15. Sec. 10.4.5.F Increased Setback Adiacent to Residential Use for
Certain Districts to revise to apply to residential districts:
10.4.5. Minimum Yard Requirements
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F. Increased Setback Adjacent to Residential Use for Certain
Districts. In the 0-1~, MC, B-2, B-3, B-4, and 1-1, 12 and 11: 1 Districts
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 districts ~ 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
district (such as R-6) use (stlch as to'.vnhouses), the building must be at least 45
feet from the property line with the residential district \:lSe, even though the rear
setback for the B-2 District is only 20 feet.
16. Sec. 11.3 Number of Parkin2 Spaces Required to revise standard
for multi-family and medical office uses:
Single-Family Detached
2.0 per dwelling if access to the lot is onto a public street;
3.0 per dwelling if access to the lot is from a private
accesswa .
2.0 per dwelling units if access to the lot is onto a public
street; 2.5 per dwelling if access to the lot is from a private
accessway. For townhouses with a single-car garage the
garage shall not be counted as a parking space. For
townhouses with a two-car garage, the two-car garage
shall count as a sin Ie one arkin s ace.
2.0 per dwelling if access to the lot is onto a public street;
3.0 per dwelling if access to the lot is from a private
accesswa .
1.5 per dwelling for efficiency and one bedroom units; 2.0
per dwelling for two bedroom units; and 2.5 per dwelling
for units with three or more bedrooms. For ml;llti family
garage l;lRits, tRo garage sRall Rot be CGl;lRted as a parkiRg
*
Single-Family Attached
Duplex
Multi-Family
Commercial Uses
11.0 per ~ m square feet gross floor area
1.0 per 300 s uare feet ross floor area
17. Establish Section 11.4.5. Shared Parkin!! (Mixed Use) to reduce
parking requirements in Mixed-Use Developments:
11.4.5. Shared ParkinQ (Mixed Use)
Required off-street parking spaces may be provided cooperatively for two or more uses
within a mixed use development in accordance with the Time of Day Factors provided
below. Use of shared parking reductions are subject to the determination by the Planning
Commission that two or more uses can be adequately served by the same parking spaces
by reason of the characteristics of the land uses and the hours of operation. The Land
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Development Official shall make a recommendation to the Planning Commission
regarding any such proposed reduction in the number of required parking spaces. The
Planning Commission is also authorized to require restrictions on the use and hours of
operation of any uses that share parking spaces. Any shared parking reductions shall also
be subject to the approval by the Land Development Official of appropriate legal
instruments to ensure the permanent availability of off-street parking for all uses.
A. Shared Use Time of Day Factors: In order to determine the minimum required
parking spaces in a mixed use development. apply the Time of Day factors
provided below to the minimum required parking spaces as provided by Section
11.3 to each land use type in the mixed use development. for example,
Total Req'd x Adjusted Total Overall
Mon-Fri Use Time/Day Required Total Spaces
Factor Rea'd
8AM-5 Office 191 x 96% 183
Retail 86 x 77% 66 368
PM Restaurant 181 x 66% 119
In the example above the time of day factors reduce the total number of required
spaces by 90 from the minimum required per Section 11.3. The same calculation
shall be repeated for each of the time periods found in the weekday and weekend
tables below to determine the overall adjusted total number of spaces required by
the development.
Compare the calculations: the lesser is the minimum number of parking spaces
that need to be provided. The Planning Commission shall make the determination
as to whether this minimum will be sufficient to adequately serve the mixed use
development upon the recommendation of the Land Development Official.
80%
99%
75%
60%
85%
85%
79%
96%
12%
37%
12%
65% 12am
41%
10%
62% (12 AM)
39%
96%
98%
11%
0%
0%
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59%
62%
85%
49%
79%
96%
5%
0%
17%
10%
77%
32%
96%
98%
0%
0%
0%
18. Establish Section 11.6.5. Dimensions of Parkin!! Spaces and Aisles
in Parkin!! Structures, and amend Section 11.6.2.A. Standard Parkin!!
Spaces to differentiate surface parking spaces from structured parking
spaces:
11.6.5. Minimum Dimensions of ParkinQ Spaces and Aisles in ParkinQ
Structures.
450 8.5 18 13 21
600 8.5 18 18 22
900 8.5 18 22 22
Handicap accessible spaces shall be provided in accordance with Section 11.6.2.B.
1. Where fire lanes are required, the minimum aisle width shall be determined by the Fire
Marshal.
2. Minimum parking space dimensions shall be provided exclusive of access drives, aisles,
ramps or columns. All spaces shall be striped.
3. Minimum vertical clearance for all spaces shall be six feet. six inches (6'6"). When the
facility serves a "place of public accommodation" as defined by the Americans with
Disabilities Act. then a minimum vertical clearance of eight feet. two inches (8'2") shall
be provided for van accessible spaces and along the vehicular route to the accessible
spaces. and from the accessible spaces to the exit.
4. Maximum slope for parking floors shall not exceed five percent (5%).
5. Maximum slope for speed ramps shall not exceed fifteen percent (15%).
6. Parking spaces and access aisles for handicap accessible spaces shall be level and not
exceed a two percent (2%) slope.
11.6.2.A. Standard Parking Spaces. All surface parking spaces shall be designed
as standard parking spaces, except as otherwise expressly allowed or required herein.
19. Sec. 11.6.1.D. Pavement Requirements for Residential and
Commercial Travel Ways and Spaces to clarify parking spaces must be
on a paved surface in residential areas:
11.6.1 General
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D. Pavement Requirements for Residential and Commercial Travel
Ways and Spaces.
1: No person shall park any motor vehicle, trailer, or semi-trailer on the front.
side or rear yard of any lot. improved with a single-family dwelling, zoned
for residential use, except on a lawfully paved surface.
2. Unless otherwise expressly exempt under the provisions of this Zoning
Ordinance, all off street parking and loading areas including aisles and
entrances, shall be paved with durable dust-free hard surface, except as may
be specifically authorized within the 100-year floodplain. Residential
driveways shall be paved at least twenty feet (20') back from any public
sidewalk or driveway apron. Beyond twenty feet alternate materials such as
gravel, grasscrete or brick pavers that are designed to be driven upon may be
used. Individual parking spaces shall be paved; provided however, that a
two- foot section of the standard 18- foot commercial parking space may be
unpaved if the area is landscaped and a raised curb stop is installed so that
the front two feet of the vehicle may overhang the landscaped area. Off-
street parking areas associated with public parks, open space areas and
driveways for designated historic landmarks and within the H-l Overlay
District shall be eligible for a waiver from the pavement requirements of this
section. The applicant must request the waiver in a letter attached to the
application. To grant a waiver or modification the Zoning Administrator
must determine that actual pavement is not necessary in the particular case.
The Zoning Administrator Land De'/elopment Official shall set forth in
writing the reasons for such determination.
20. Sec. 11.9 Number of Off-Street Loadin!! Spaces Required for banks
and offices:
11.9 Number of Off-Street Loading Spaces Required
Notwithstanding the loading requirement set forth below, in no instance shall more than
five (5) off-street loading spaces be required for any given use or building.
Residential Uses
Institutional and Community Service Uses
Hospitals, nursing homes, and similar health care uses
shall provide one standard loading space for the first
10,000 square feet of gross floor area plus one space for
each additional 100,000 square feet of floor area. Schools
and other institutional and community service uses which
include a food service facility shall provide one standard
loadin s ace.
, Offices, and Similar Us
include an accessory food
eone .
20,OOO.w,goo
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ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE
Eating Establishments
21. Sec. 12.2.3 Contents of Landscape Plan to clarify language
regarding condition of plant material:
12.2.3 Contents of Landscape Plan
A landscape architect, landscape designer or landscape contractor shall prepare every
landscape plan required by this article. All landscape plans shall contain the following
information:
Existing Vegetation. Any existing vegetation proposed to be saved which meets the
conditions of Sec. 12.3.2 shall be identified by name, quantity, condition and size.
Methods of protecting the vegetation shall be illustrated or explained on the Erosion and
Sediment Control Plan. The true extent of the existing tree canopy shall be illustrated.
22. Sec. 12.4.1 Street Tree Applicability to permit street trees to be
planted in front yards in certain cases:
12.4.1 Street Tree 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
required front yard or public rights-of-way based on a recommendation by the Urban
Forester. However, if the exeept vmere the Land Development Official and the
Director of Public Works determine that unacceptable conflicts with public facilities
will result then street trees must be planted within the required front yard.
23. Sec. 12.4.3 Number (Street Trees) to revise spacing for understory
trees:
Sec. 12.4 Street Trees
12.4.3 Number
One (1) tree shall be provided for every forty (40) feet of street frontage. In the case
of capital improvement projects for public streets, one (1) tree should be provided for
every forty (40) feet of street frontage; however, in no case shall there be a net loss in
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the number of trees in the area improved. In cases where street trees are planted under
or near overhead utility lines and understory trees are required per Sec. 12.4.2.C, one
(1) tree should be provided for every thirty (30) feet of street frontage.
24. Sec. 12.6.1 Applicability (Interior Parking Lot Landscaping):
Sec. 12.6 Interior Parking Lot Landscaping
12.6.1 Applicability
The requirements of this section shall apply to the construction or enlargement of any
parking lot with sixteen (16) or more parking spaces. Such landscaping shall be in
addition to perimeter parking lot landscaping, street tree planting and screening.
A. The requirements of this section shall specifically not apply to vehicle
sales facilities.
B. The Land Development Official shall have the authority to waive or
modify interior parking lot landscaping requirements for a public law
enforcement facilities when it is determined that such landscaping is in
conflict with security measures for that facility. A request for
modification, waiver or reduction of interior parking lot landscaping
requirements by the Land Development Official shall be in writing and
shall state the reasons for granting the request.
25. Sec. 12.7.1 to clarify when the LDO must make a recommendation
to the B.A.R. regarding perimeter parking lot modification requests:
Sec. 12.7 Modified Parking Lot Landscaped Standards
12.7.1 Properties within the H-1 Overlay District
A. Landscape Area Adjacent to a Public Street. The Land Development
Official may waive or reduce the requirement for a landscape area as
described in Sec. 12.5 when the required ten (10) foot area would serve no
useful purpose, would result in a hardship to the property owner and a suitable
screening alternative has been provided where necessary. Alternative
screening such as architectural walls may be permitted when approved by the
Board of Architectural Review. Any such modification shall be issued by the
Land Development Official before an application may be considered by the
Board of Architectural Review on the subject property. The modification shall
be in writing and shall set forth the reasons for granting the modification.
26.Sec. 12.8.4 Land Use Cateeories to add "bank with drive-through" to
Cc list:
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Sec. 12.8 Buffers and Screening
12.8.4 Land Use Categories
For the purpose ofthis article, existing and proposed land uses are divided into four
major land uses categories: residential, institutional, commercial and industrial. Each
category is subdivided to reflect the intensity of the proposed use. For instance, the
residential category is divided into single-family detached, single-family attached and
multi-family residential. In those instances where a proposed or existing use is not
listed below, the Zoning Administrator shall decide which land use category is
applicable. If the adjacent property is vacant the property shall be assumed to be the
land use recommended in the Land Use Element of the Town Plan.
A. Residential
1. Ra - Single-family detached and duplexes
2. Rb - Single-family attached (townhouses)
3. Rc - Multi-family residential
B. Institutional
1. Ia - Low Intensity uses including libraries, post offices, churches and
public parking lots, schools, child care centers, active parks and
recreation facilities, W &OD Trail.
2. Ie - Emergency Services including hospitals and fire and rescue
stations
C. Commercial
1. Ca -Offices and general retail uses under 10,000 square feet gross
floor area
2. Cb -Offices and General retail uses over 10,000 square feet gross
floor area and minor utilities
3. Cc -Hotels and motels, fast-food restaurants, convenience grocery
stores, banks with a drive-through window. vehicle sales and service,
monopole and transmission tower telecommunication facilities, and
the airport
27. Sec. 12.8.5.A to clarify when the LDO must make a
recommendation to the B.A.R:
12.8.5 Modification of Screening and Buffer-Yard Requirements
A. Properties in the H-1 Overlay District. Buffer-yards may be reduced or
eliminated at the discretion of the Land Development Official for development
plans or subdivisions in the H-l Overlay District. An opaque screen accomplished
through the construction of architectural features, walls or the planting of
vegetative materials may be required as a substitute for all or a portion of the
required buffer-yard. The Board of Architectural Review must approve the non-
vegetative, architectural these screens, if any. Any such modification shall be
issued by the Land Development Official before an application may be considered
by the Board of Architectural Review on the subject property. The modification
shall be in writing and shall set forth the reasons for granting the modification.
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28. Sec. 12.8.8 to reduce the setback for dumpsters in urban areas:
12.8.8 Dumpster Screening
Trash dumpsters and other waste/recycling containers serving multi-family or
nonresidential uses shall be completely screened from view off-site.
A. Design and Other Specifications. Dumpsters or other trash receptacles shall be
screened from public view on 3 sides by a solid wall at least 6 feet in height and on the
fourth side by a solid gate at least 5 feet in height. The gate and wall shall be
maintained in good working order and shall remain closed except when trash pick-ups
occur. The wall and gate shall be architecturally compatible with other buildings and
structures on the site.
B. Setbacks. All enclosures shall be located a minimum of twenty-five (25) fifty (50)
feet from residential zoning districts, provided that the Zoning Administrator shall be
authorized to approve reduced setbacks when site size or other conditions prevent
compliance with this setback
29. Sec. 12.11 Outdoor Li2htin2 to add exceptions:
Sec. 12.11 Outdoor Lighting
All development shall comply with the outdoor lighting standards of the Design and
Construction Standards Manual, including the standards of Article 7 and the following
provlSlons:
A. Light poles in all parking lot areas shall not exceed a maximum height
of 25 feet including the base. Light poles shall not be permitted on the
top deck of parking structures.
B. A lighting plan shall be provided that indicates all outdoor lighting
fixtures exclusive of street lights will not have a source of illumination
that is visible beyond the site or cause illumination of adjacent
properties in excess of 0.5 foot-candles, as measured at the site
boundary.
C. All outdoor lighting fixtures shall be designed, shielded, aimed,
located and maintained to shield adjacent properties and to not produce
glare onto adjacent properties or roadways. Parking lot light fixtures
and all light fixtures on buildings shall be full cut-off fixtures with the
exception that lantern-style lig;hts and acorn lights which may be
modified cut-off fixtures.
30. Sec. 18.1 Definitions to add a definition for "Tent":
18.1.177.1 Tent
A collapsible moveable shelter consisting of a cover made of canvas, fabric, plastic or
other material stretched over a supporting framework of poles that may be used as a
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ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE
temporary building and not intended for living quarters. Tents shall not be used as
permanent structures for any purpose.
31. Sec. 5.2.2 District Use Re2ulations (R-l) to add a "dog park" use:
5.2.2 Use Regulations
Uses are allowed in the R-l District in accordance with the following table. A "P" in
the second column of the table indicates that the use is permitted by-right, subject to
compliance with all applicable standards of this Zoning Ordinance. An "S" in the
second column of the table indicates that the use may be allowed if reviewed and
approved in accordance with the Special Exception procedures of Sec. 3.4. For a
summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2.
32. Sec. 6.5.2 District Use Reeulations (B-3) to add a "dog park" use:
6.5.2 Use Regulations
Uses are allowed in the B-3 District in accordance with the following table. A "P" in
the second column of the table indicates that the use is permitted by-right, subject to
compliance with all applicable standards of this Zoning Ordinance. An "S" in the
second column of the table indicates that the use may be allowed if reviewed and
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ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE
approved in accordance with the Special Exception procedures of Sec. 3.4. For a
summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2.
33. Sec. 9.3.6.1 D02 Park Use Standards to establish standards for a
dog park:
9.3.6.1 DOQ Park Use Standards
A. A minimum buffer of 1.000 feet is required from residential uses:
B. The off-leash dog area is for dogs, their handlers and those accompanying
them. No other use is allowed:
C. All dogs must be legally licensed and vaccinated, and shall wear a visible dog
license:
D. Dogs under four (4) months of age and female dogs in heat are prohibited:
E. Dogs must be on leash when entering and exiting the off-leash dog area:
F. Dogs must be under the control of their handler and in view of their handler at
all times:
G. Spiked collars are prohibited:
H. Children 8 years and under are not allowed in the off-leash dog area: all
children up to the age of 14 must be accompanied by an adult:
I. Handlers must be 16 years of age or older:
J. Handlers must have possession of the dog lease at all times:
K. Handler is limited to a maximum of two dogs:
L. Handlers must remove any dog waste and fill any holes dug by dogs under
their control:
M. Food and drinks in glass containers are prohibited: training treats are allowed:
N. Dogs must be removed from the off-leash dog area at the first sign of
aggression:
O. No animals other than dogs shall be permitted in the area:
P. There shall be information posted at the dog park that clearly indicates that
handlers are responsible for any injuries caused by the dog(s) under their
control:
Q. There shall be information posted at the dog park that clearly indicates users
of the facility do so at their own risk and that the Town of Leesburg shall not
be liable for any injury or damage caused by any dog in the off-leash area: and
R. The park must be fully enclosed by adequate fencing that dogs cannot dig
under or jump over, and gates must be secure.
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34. Sec. 11.3 Number ofParkin2 Spaces Required to establish a
standard for a "dog park":
11.3 Number of Parking Spaces Required
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 ofthis ordinance, these parking requirements may be modified by the Town
Council.
um or Stadium
Church or Place of Worship
1.0 er four seats desi n ca aci .
1.0 per four seats design capacity of the principal place of
worship; provided, however, that the number required may
be provided on an off-site public or private parking lot
which is accessory to another use which is not open or
operating during the time of weekend services if such
parking lot is within 500 feet of the place of worship and
sufficient spaces are available without charge by
ermission of the owners of the lot.
per three members, based on maximum an
mbershi .
35. Sec. 18.1 42.1 Dog Park to establish a definition for "dog park":
18.1.42.1 DOQ Park
A dog park is a contained public area where dog owners may allow their dogs to run
off-leash. A dog park must be located on publicly owned or leased land and is not
intended as a private commercial use.
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 development applications accepted after the effective date..
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PASSED this 27th day of May 2009.
~~~
C. msta d, ayor
Town of Leesburg