HomeMy Public PortalAbout2009_07_14_O010 - ZO Art. 2,3,4,7,8,9,11,12,15,17
The Town of
Leesburg,
Virginia
PRESENTED: July 14,2009
ORDINANCE NO.2009-0-0 1 0
ADOPTED: July 14,2009
AN ORDINANCE: AMENDING THE ZONING ORDINANCE FOR ARTICLE 2 REVIEW AND
DECISION MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL
PROCEDURES, ARTICLE 4 ZONING DISTRICTS (IN GENERAL),
ARTICLE 7 OVERLA Y AND SPECIAL PURPOSE DISTRICTS, ARTICLE
8 PLANNED DEVELOPMENT DISTRICTS, ARTICLE 9 USE
REGULATIONS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN
ACCESS, ARTICLE 12 LANDSCAPING, SCREENING, OPEN SPACE
AND LIGHTING, ARTICLE 15 SIGN REGULATIONS AND ARTICLE 17
ENFORCEMENT AND PENALTIES
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:
11. Section 2.3.7 Powers and Duties
2.3.7 Powers and Duties
The powers and duties of the Board of Architectural Review shall be as follows:
1. Decision Makin!! Authoritv
A. Exterior Alterations. Review and decide upon exterior alterations to all
structures (including buildings, bridges, signs, fences, walls, and monuments)
or sites within the boundaries established by this Zoning Ordinance.
B. Demolition. Review and decide upon any proposed demolition within the
boundaries of the H-I and H-2 Overlay Districts.
C. New Construction. Review and decide upon all proposed new construction
within the boundaries established by this Zoning Ordinance.
D. Relocation. Review and decide upon any proposed relocation of a structure
(including buildings, bridges, signs, fences, walls, and monuments) within the
boundaries established by this Zoning Ordinance.
E. G. Comprehensive Sign Plans. Review and make recommendations to the
Town Council regarding comprehensive sign plans within the boundaries
established by this Zoning Ordinance and in accordance with Sec. 15.14
(Comprehensive Signage Plans).
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2. Advisory Duties
A.-B. List. Establish and maintain a list of structures, sites and areas having a special
historical, architectural or aesthetic interest or value.
Ii.,.+.; Recommend Designations. Make recommendations to the Town Council
regarding the designation of individual sites for inclusion in the H-l Overlay
District. or establishment of a new district or landmark site.
c...J.: Buffer-yard Modifications. Review afld aeeiae \ipon modifications of buffer-
yards in the H-l Overlay District, in accordance with Sec. 12.8.5 (Modification
of Screening and Buffer-yard Requirements).
3. Annual Report
A. I:-Annual Report. Submit an annual report of its activities and decisions to the
Town Council.
H. H 1 and H 2 Distriet Signs. Revievv and deeide \ipon signs loeatea in the H 1 and
H 2 O'terlay Distriets in aeeordaflee with 15.11 (Signs in the H 1 Overlay Distriet)
ana 15.12 (Signs in the H 2 O'terta)' Distriet).
I 2. Section 3.1.8 Summary of Procedures
The following table provides a summary ofthe procedures in this article. In the event of
conflict between this summary table and the detailed procedures in this article, the detailed
procedures shall govern:
Zoning Ord. Text
Amendments
r Zoning Map Amendments
Special Exceptions
molition Permits (BAR)
Temporary Use Permits
Zoning Permits
lats
ccupancy Permits
Historie Distriet Permits
Certificate of
A ro riateness
Architect. Control Cert. of
Approval
W,P,N
W,P,N
W,P
<A>
<DM>
A
W,P
<DM>
A
W,P
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ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE
Commission Permits (Public I3J2l
Pro' ects) L---.J
[Yariances -I 3.13 R W,P, N
I Administrative Decisions I 3,14 DM W, P, N*
I Proffer Appeals ~I 3.15 , DM <A> N
PC = Plan. Comm,; BZA = Bd, of Zoning Appeals; BAR = Bd. of Architectural Review; Council = Town
Council
R = Review Body (Responsible for Review and Recommendation)
DM = Decision-Making Body (Responsible for Final Decision to Approve or Deny)
A = Authority to hear and decide appeals of Decision-Making Body's action
<> = Public Hearing Required
*W,P,N notice only on appeal to BZA
13. Section 3.10.1 Applicability
Sec. 3.10 ~+-V-t'HtHts ('('rtilicate of Appmp,"iatelll'ss (11-1 OH'day: Old and
Historic ~ Distl"ict)
3.10.1 Applicability
A Historie District Permit Certificate of Appropriateness shall be required prior to the
alteration of any building or structure (defined for the purposes ofthis section as anything
man-made, including but not limited to outbuildings, fences, walls, lamp posts, light fixtures,
signs, signposts, driveways, walkways and paving) located in the H-I Overlay District and
specifically including any of the following activities:
,\. Chaage ia the exterior appeanmee of existiag bl:lildiags or stmetl:lres;
B. Demolitioa af aR)' Bl:lildiag or stmetl:lre, ia '.vhale ar ia part;
C. Movemeat of lift)' buildiag or stmet1:lre;
D. ,A.a)' aew coastruetioa;
E. Recoastruetioa of existiag walls aRd feRees, or coastmetioa of aew .valls aad
feRces;
F. SigRs.
G. ChaRge ia the exterior color seheme of struetl:tres.
A. Site Improvements. Including but not limited to removal. enlargement. or
reconstruction of: driveways. walkways. and other paving: lampposts and landscape
lighting: fences and walls: gazebos and pergolas. Not to include plant materials or
installation of movable. non-permanent play equipment.
B. Exterior Modification of Existing Buildings and Structures. Including. but not
limited to: the removal. replacement. or addition of windows. doors. and
chimneys: the alteration of porches and decks: the alteration or addition of
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commercial storefronts on existing buildings and changes to exterior paint and
color. Not to include routine maintenance as defined in Sec. 7.5.9.A Routine
Maintenance Exclusion.
C. Additions to Existing Buildings and Structures. Including. but not limited to: the
construction of new porches and decks: the expansion of the square footage so that it
increases the height or the footprint of the existing structure.
D. New Construction.
E. Demolition and Relocation of Existing Buildings and Structures. in whole or in
part.
F. Signs. in accordance with Section 15.14.
14. Section 3.10.2 Required Contents of Applications
A. General. When making application for a Historie Distriet Permit Certificate of
Appropriateness. applicants must submit information for consideration by the Board
of Architectural Review, including the following:
B. Sign Permits. When making application for an Historie Distriet Sign Permit Certificate
of Appropriateness. applicants must submit the following information:
15. Section 3.10.3 Application Filing Deadline and Fee
Applications for Historie Distriet Permits Certificate of Appropriateness must be made on
forms provided by the Zoning Administrator and must be accompanied by a filing fee in
accordance with the latest Schedule of Fees adopted by the Town Council. Complete
applications must be submitted at least seventeen (17) days before the scheduled monthly
meeting at which the applicant is requesting consideration.
6. Section 3.10.6 Board Action on Applications; Review and Approval
Criteria
3.10.6 Board Action on Applications; Review and Approval Criteria
In response to applications for Historie Distriet Permits Certificates of Appropriateness,
the Board of Architectural Review shall be authorized to approve the application, deny
the application or approve the application in modified form. See Sec. 7.5.6 for the
Preservation Planner's administrative review authority.
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ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE
,^.. General RevievI aRd ;\pproval Criteria
1. General Criteria. lR eORsideriRg t-8e appreflriateness of aRY aflfllieatioR, the
Board of ,^.rehiteetural Review shall eORsider the arehiteetural signifieanee aRd
aflflearaRee, hi storie sigRifieaRee, aRd aflpropriateness of the proposed use of the
property.
2.Criteria fer ExistiRg BuildiRgs aRd 8tru6tures. IR de6iding UflOR applieatieRs to
alter buildiRgs or struetlifes subjeet to the previsions of this seetioR, the Beard of
f.rehiteetural RevievI shall eonsider the Certified Loeal GevernmeRt Gram
BuildiRg 8urvey desigRatioRs as 'Nell as the eriteria listed iR the H 1 O'/erla-y
Distriet DesigR GuideliRes aRd shall eonsider eriteria set forth iR the 8eeretary of
the IRterier's 8taRdards far Rehal9ilitatioR Revised 1990, as ameRded. The
8taRdards for R-ehabilitatioR are as follows:
1. ,\ property shall be used for its historie pUf'fJese or be plaeed iR a Re';", use that
requires miRimal ehaRge te the defiRiRg eharaeteristies of the buildiRg and its
site aRd eRviroRment.
2. The historie eharaeter of a proflerty shall be retaiRed aRd preserved. The
removal €If historie materials or alteratioR of features aRd spaees that
eharaeterize a flreflerty shall be avoided.
3. Eaeh flroflerty shall be r-e6egnized as a flhysieal reeord of its time, fllaee, and
use. ChaRges that ereate a false sense of histerieal de'/eloflment, sU6h as
adding eORjeetural features or arehiteetural elements from other buildings,
shall not be uRdertakeR.
1. Most properties ehaRge o'/er time; those ehanges that have aequired historic
signifiean6e iR their OV/R right shall be retaiRed aRd flreserved.
5. Distinetive features, fiRishes aRd eonstruetion teehRiEJ.ues or examples of
eraftsmaRshifl that 6haraeterize a proflerty shall be flreserved.
6. Deteriorated historie features shall be reflaired rather than replaeed. Where the
severity of deterieration requires replaeement of a distincti'/e feature, the ne..v
feature shall mateh the eld in desigR, eolor, texture, aRd other visual qualities
and, where possible, materials. Refllaeement of missing features shall be
sHbstantiated by doeHmemary, ph-ysieal, or pi6torial evideflee.
7. Chemieal er physi6al treatmeRts, sHeh as sandblasting, that eause damage to
hi storie materials shall not be used. The sHrfaee eleaRiRg of strnetures, if
approflriate, shall be uRdertaken HsiRg the geRtlest meaRS possible.
8. 8ignifi6ant ar6haeelogieal resourees affeeted by a flrojeet shall be proteeted
and preserved. If sueh resourees mHst be distHrbed, mitigation meaSHres shall
be Hfldertaken.
9. New additions, exterior alterations, or related Re'N eonstrHetion shall not
destroy hi storie materials that 6harooterize the flroflerty. The flew work shall
be differemiated from the eld and shall be eompatible with the massing, size,
seale, and arehiteetHral feat1:lres to proteet the historie imegrity of the preflerty
and its eRvironmeRt.
10. NeVI additioRS and adjaeent or related flew eonstruetion shall be undertal.en in
suea a maRfter that if removed in the fl:ltHre, the essemial form aRd integrity of
the hi storie 13reperty aRd its envirenment v/eHld be unimpaired.
11. lR addition to tfle staRdards listed above, the applieation of artifieial siding,
inelHding alHmiR1:lm and ':inyl sidings, OR existing bHildings shall not be
permitted for any strnet1:lre designated as hi storie by the Certified Loeal
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GO'/ernment Grant B\:lilding S\:lfVey , or f-or any indiyid\:lal historie landmark
due to its in8flflrElflriateness, its flotential tEl aamage 'NOEla frame b\:lilaings ana
its destruetiEln of the \:lniq\:le eharaeter of wood materials and eraftsmanship.
3. Criteria for New Constrnetion. In deeiding upEln apfllieatiElns fElr ne>,'.' eonstr\:letion, the
Boara of .\rehiteet\:lral Review shall take into aeeO\:lnt the eK:teRt to whieh the b\:lilding
or struet\:lre V/o\:lld be appropriate or ineongr\:lo\:ls to the H 1 Overlay Distriet as 'Nell as
its immediate S\:lITo\:lnaings; and the BElard of .^.rehiteet\:lral Reyiew shall eonsider
major design elemeRts, inel\:lding site fllanaiag; massing, flroportion and seale; roof,
windows aHd doorways; and all eJ(terior arehiteetlif'81 elemems, inel\:lding materials,
eolors, trim and other details. More sfleeifie eriteria fElr aflflrElflriate nevI eonstr\:letion
ean be fO\:lod in the H 1 O'/erla)' Design G\:lideliHes. The Board Elf .^.rehiteet\:lral
Reyiew shall ameHd the H 1 Overlay Design G\:lideliHes for HEl.'.' eonstmetion as it
deems appropriate.
1. Demolition Permit Reyiew and ,^.ppro'/al Criteria. In reyie'lIing demEllition applieations,
the Board of f.rehiteet\:lral Reyie'N shall eonsider the followiag:
1 , The designation of the flartie\:llar stmet-\:lre as historie or non historie in the
Certified Loeal Government Grant B\:lilding Surveys.
2. The eriteria listed in the H I Overlay Distriet Design Guidelines iaeh:lding the
extent to whieh loss of the buildings or struetures would aff-eet the hi storie and
arehiteetural eharaeter of sHITounding properties and of the entire H 1 Overlay
Distriet; and
3. The ability of the owner to put the subjeet proflerty to reasonable benefieial use.
A. The design guidelines upon which approval or denial is to be based are the Old and
Historic Design Guidelines. adopted by the Town Council January 27. 2009 and as
amended from time to time. and which include the Secretary of the Interior's
Standards for Rehabilitation as referenced as Appendix A. These guidelines will be
used to evaluate all proiects in accordance with Section 3.10.1 Applicability. Except
that approval or denial of sign applications in the Old and Historic District are to be
based is the Old and Historic District Sign Guidelines dated January 4. 2006 and as
amended from time to time.
I 7. Section 3.10.8 Form of Decision
All decisions of the Board of Architectural Review granting or refusing a Historie Distriet
PemHt Certificate of Appropriateness shall be in writing, a copy of which shall be sent to the
applicant and a copy filed with the town office.
18. Section 3.10.9 Explanation of Disapproval
In the case of denial of a Historie Distriet Permit, Certificate of Appropriateness. the Board of
Architectural Review shall state the reasons for such denial in writing and transmit the
written statement to the applicant. In the statement, the Board of Architectural Review may
make suggestions that would help the applicant in the resubmission of an application.
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19. Section 3.10.11 Conformance with Permit Required
All work performed pursuant to issuance of a Histerie Distriet Permit Certificate of
Appropriateness shall conform to the approved plans and specifications and to any
modifications required by the permit. In the event work is performed not in conformance with
the permit, the Zoning Administrator shall notify the responsible person or firm in writing of
the violation and shall take the necessary legal steps to ensure that the work is performed in
conformance with the permit.
110. Section 3.10.12 Lapse of Approval
A Historie Distriet Permit Certificate of Appropriateness shall lapse and become void unless
construction is commenced within twenty-four (24) months from the date the permit was
issued.
111. Section 3.10.13 Change of Plans after Issuance of Permit
Any change in the work plan subsequent to the issuance of a Historie Distriet Permit
Certificate of Appropriateness shall require submittal of a new application and issuance of a
new permit except that modifications to approved projects may be administratively approved
by the Preservation Planner in accordance with Section 7.5.6.D of the Zoning Ordinance.
12. Section 3.10.7 Board Authority to Seek Outside Advice
The Board of Architectural Review may seek technical advice from outside its members on
any application. If the Board of Architectural Review seeks outside advice, the Board of
Architectural Review shall provide a copy of the consultant's report to the applicant and
shall render a decision on the application within BiBet)' (9Q) seventy five (75) days from the
date of the first public hearing. that the eomplete applieatioB was filea.
13. Section 4.1.2 Overlay and Special Purpose Districts
A. M-C, Medical-Hospital Center (Special Purpose) District
B. GC, Government Center (Special Purpose) District
C. MA, Municipal Airport (Special Purpose) District
D. H-IOverlay. Old and Historic District, Old aad Historie O';erlay District
II4.Section 7.5 H-l Overlay, Old and Historic Overlay District
115. Section 7.5.3 Historic District Created, Established
A historic conservation district is hereby created within the town as an overlay on the
Official Zoning Map under authority of Section 15.2-2306 ofthe Code of Virginia, 1950
as amended, to be known as the H-l Overlay, Old and Historic O',erlay District which
includes the original boundaries shown on a map designated "Gray's New Map of
Leesburg" drawn from the special surveys in the year 1878 as hereby amended and
described as follows:
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16. Section 7.5.4 Public Meetings Required
The Board of Architectural Review shall meet at least once monthly to consider
applications for Historie Distriet Permits Certificate of Appropriateness. The meeting of
the Board of Architectural Review shall be open to the public and a full and impartial
hearing shall be granted to the applicant and to any other interested parties.
17. Section 7.5.5 Historic District Permits Certificate of
Appropriateness
7.5.5I1istarie Distriet Permits Certificate of Appropriateness
Within the H-l Overlay District, no building or structure (defined for the purposes of this
section as anything man-made, including but not limited to outbuildings, fences, walls,
lamp posts, light fixtures, signs, signposts, driveways, walkways and paving) shall be
altered in any of the following ways unless a HistoTie Distriet Permit Certificate of
Appropriateness has been issued by the Board of Architectural Review in accordance
with the procedures of Section 3.10, or by the Preservation Planner in accordance with
Sec. 7.5.6. The regulations below apply to both public and private structures and
facilities.
,\. Change in the exterior llflpearanee of existing Buildings or stmetMres;
B. DemolitiaB of any building or stmetMre, in 'lo'hole or in part;
C. Movement of any buildiBg aT stmeture;
D. Any ne',\' eOflstruetion;
E. Reeonstmetion af existing v.'alls and f-enees, or eonstruetion of new walls
and fenees; afld
F. Signs.
G. Change in the exterior eolor of a stmet-1:lre.
A. Site Improvements. Including but not limited to removal. enlargement. or
reconstruction of: driveways. walkways. and other paving: lampposts and landscape
lighting: fences and walls: gazebos and pergolas. Not to include plant materials or
installation of movable. non-permanent play equipment.
B. Exterior Modification of Existing Buildings and Structures. Including. but not limited
to: the removal. replacement. or addition of windows. doors. and chimneys: the
alteration of porches and decks: the alteration or addition of commercial storefronts on
existing buildings and changes to exterior paint and color. Not to include routine
maintenance as defined in Sec. 7.5.9.A Routine Maintenance Exclusion.
C. Additions to Existing Buildings and Structures. Including. but not limited to: the
construction of new porches and decks: the expansion of the square footage so that it
increases the height or the footprint of the existing structure.
D. New Construction.
E. Demolition and Relocation of Existing Buildings and Structures. in whole or in
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part.
F. Signs. in accordance with Section 15.14.
18. Section 7.5.6 Administrative Approval of Historic District
PermitsCertificate of Appropriateness
A. Lighting, Fences, Paving and Color. The Preservation Planner shall have the
authority to issue a Histerie Distriet ZORiRg Permit Certificate of Appropriateness
for alterations to existing or installation of new lampposts, light fixtures, fences,
driveways, residential walkways or changes in existing exterior color schemes. If
the Preservation Planner determines the application may not be in conformance
with the Old and Historic District Design Guidelines, the application shall be
forwarded to the Board for consideration at the applicant's request.
B. Signs. The Preservation Planner shall have authority to issue a Historie Distriet
Pefffiit Certificate of Appropriateness for applications that request approval for
signs that conform to the criteria as established in the in the Old and Historic
District Sign Guidelines in the section titled "Administrative Approval Criteria
for Signs in the Old and Historic District". In the event the Preservation Planner
determines that the sign does not conform to said guidelines the application shall
be forwarded to the Board for consideration at the applicant's request.
C. Modifications to Existing Structures. The Preservation Planner shall have the
authority to issue a Historie Distriet Permit Certificate of Appropriateness for the
following modifications to existing structures: like-kind replacement of roof
materials, the installation of storm windows and doors and the replacement of
installation of new shutters.
D. Change of Plans after Issuance of Permit. Any change in the approved plans
subsequent to the issuance of a Historie Distriet Permit Certificate of
Appropriateness shall be promptly submitted to the Preservation Planner prior to
construction of the modified feature. The Preservation Planner may
administratively approve the following modifications: (a) change in the color of
brick selected for a project; (b) change in the profile of door and window
moldings; ( c) change in the type of siding used in a small area, which does not
exceed ten percent (10%) of the total area of a building; and (d) change in the
style of a door or window. A report of administrative approvals shall be made to
the Board of Architectural Review at its next meeting.
119. Section 7.5.8 Demolition Applications
A. Board's Authority to Review DemolitioR Permit '^'flfllieatioRsCertificate of
Appropriateness for Demolition. No historic landmark, building or structure subject
to the provisions of this section shall be demolished until its owner has applied for
and received a Historic District Demolition Permit from the Board of Architectural
Review pursuant to the procedures of 3.10, except as otherwise expressly provided
in Sec. 7.S.8.D.
B. Demolition Defined. Any removal of forty percent (40%) or more ofthe total
exterior wall or roof surface of any building shall require a Historie Distriet
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DemelitioH Permit Certificate of Appropriateness approved in accordance with the
requirements of this section. Any removal of less than forty percent (40%) of the
exterior wall or roof surface of a building shall be considered an alteration and
requires a Historie Distriet Permit Certificate of Appropriateness in accordance
with the provisions of Sec. 7.5.5.
120. Section 7.5.11 Violations
The enforcement of the provisions of this section shall be the responsibility of the Zoning
Administrator or the Zoning Administrator's designee. The Zoning Administrator shall take
the necessary legal steps to stop work that is being performed without a Historie Distriet
Permit Certificate of Appropriateness. Any violation of these regulations is a civil violation
as provided in Sec.17.2.2.
121. Section 8.4.8 Open Space Requirement for "Infill" PRN
A Planned Residential Neighborhood (PRN) located in an area designated in the Town Plan
as "Infill" on Map 6.3 therein shall provide at least fifteen percent (15%) of the land area as
public and common open space. In the H-I Overlay. Old and Historic Oyerla-y District this
open space requirement can be further reduced by the Land Development Official with the
concurrence of the Board of Architectural Review. The Land Development Official shall set
forth in writing the reasons for granting such a waiver of the 15% open space requirement.
122. Section 9.6.5 Location
No such activity shall be located closer than 200 feet to a residential use except in the H-I
Overlay. Old and Historic Overlay District.
123. Section 11.6.2 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 firefighting 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
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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-I Overlay, Old and Historic District when:
1. The Director of Engineering and Public Works 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.
C. Relationship of Off-Street Parking and Loading Areas to Public Rights-of-Way. In no
event shall parking or loading areas be provided in a manner that requires vehicles to
back out into the public rights-of-way, or that requires vehicles to enter or exit a site
in a manner which would require them to make an unlawful maneuver within the
public right-of-way. This requirement does not apply to areas consisting of driveways
serving single-family detached, or duplex dwellings, although direct access onto
arterial roadways is discouraged.
D. Pavement Requirements for Residential and Commercial Travel Ways and Spaces.
Unless otherwise expressly exempt under the provisions of this Zoning Ordinance, all
of 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
IOO-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-I Overlay, Old and Historic 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 Development Official shall set forth
in writing the reasons for such determination.
E. Curb and Gutter. Curb and gutter shall be installed where deemed necessary by the
Land Development Official, within off-street parking and loading areas in order to
manage storm drainage, channelize traffic, protect buildings and landscaping areas,
and separate pedestrian and vehicular circulation areas.
F. Sidewalks and Pedestrian Facilities. Sidewalks shall be provided on-site, as necessary
to protect pedestrians and promote the safe and efficient movement of pedestrian and
vehicular movement. Sidewalks shall have a minimum unobstructed width of five (5)
feet. Sidewalks which are constructed to a six-foot width and directly abut the front
of a parking or loading space may include two (2) feet of the sidewalk width when
determining the length of the parking or loading space. In the case ofa block
containing a partial sidewalk, the width of the existing sidewalk may be continued for
the remainder ofthe block length so long as ADA requirements are met. New
sidewalks within a historic district or serving a historic district will be reviewed to
mitigate potential impact on the historic resource or historic streetscape.
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ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE
In those cases outside of the H-l Overlay. Old and Historic District where the applicant
can properly demonstrate that a sidewalk four (4) feet in width that meets ADA minimum
requirements can adequately and safely accommodate pedestrian traffic, the Zoning
Administrator may modify the five-foot width requirement. Any modification request
shall be made in writing to the Zoning Administrator with adequate information testifying
to the nature of the existing block or sidewalk and evidence justifying the modification
sought. The Zoning Administrator shall set forth in writing the grant of modification
with reasons for such determination.
G. Delineation of Parking and Loading Spaces; Traffic Control Signs. All parking and
loading spaces shall be marked by durable painted lines or curbs extending the length
of the space. Signs or pavement marking shall be utilized, as necessary, to ensure safe
traffic operation and to identify designated handicapped parking spaces and off-street
loading spaces.
H. Lighting. Any lighting used to illuminate off-street parking and loading areas shall be
arranged, installed and maintained in order to deflect, shade and focus lights away
from adjacent public or private properties. Modifications to installed lighting may be
required by the Zoning Administrator upon determination that the lighting constitutes
a hazard or a nuisance.
I. Setbacks, Screening and Landscaping. All parking and loading areas shall comply
with the setback, screening and landscaping requirements of Article 12.
J. Emergency and Public Vehicle Access. Parking and loading areas shall be designed
so that emergency, public service and refuse collection vehicles can serve the
development without the necessity of backing unreasonable distances or making
other dangerous or hazardous turning movements.
K. Front Yard Parking Areas No front yard paved surface used for parking shall exceed
thirty-five percent (35%) of the size of the front yard of the lot. This provision shall
not apply to (1) any lot improved with a single-family attached dwelling; or (2) any
lot with an existing lot width offorty-five (45) feet or less; or (3) any lot in the H-l
Overlay. Old and Historic Overlay District.
24. Section 12.8.5 Modification of Screening and Buffer-Yard
Requirements
A. Properties in the H-I Overlay. Old and Historic District. Buffer-yards may be
reduced or eliminated at the discretion of the Land Development Official for
site plans or subdivisions in the H-l Overlay. Old and Historic 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 these screens. Any such modification issued by the
Land Development Official shall be in writing and shall set forth the reasons
for granting the modification.
B. Usable Lot Area. Where the strict provisions of this article would reduce the
usable area of a lot due to lot configuration or to a point which would preclude
a reasonable use of the lot, screening and buffer yard requirements may be
waived or modified by the Land Development Official where the side of a
building, a barrier and/or the land between the building and the property line
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ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE
has been specifically designed to minimize the adverse impact through a
combination of architectural and landscaping techniques.
C. Special Design. Screening and buffer yard requirements may be waived or
modified by the Land Development Official where the side of a building, a
barrier and/or the land between that building and the property line has been
specifically designed to minimize the adverse impact through a combination
of architectural and landscaping techniques.
D. Construction of Walls. Screening and buffer-yard requirements may be reduced
by up to one-third (1/3) where the developer constructs a six (6) foot high
brick or stone wall if the Land Development Official finds the intent of the
screening and buffer-yard regulations is better served by inclusion of the wall.
The Land Development Official shall set forth in writing the reasons for such
determination.
E. Combined Site Plan. The Land Development Official may modify or reduce the
requirements for screening and buffer-yards when the adjoining land uses are
developed under a combined site plan.
F. Special Exceptions. All uses allowed by special exception in a given district
shall be required to provide buffer yards using the Section 12.8.3. Screening
and Buffer Yard Matrix and Section 12.8.5.B. Useable Lot Area; C. Special
Design; D. Construction of Walls; and applicable sections of the Town Plan as
guides. The Town Council, as part of the special exception approval, may
modify the screening and buffer yard accept for properties located within the
H-I0verlay. Old and Historic O'/erlay District. Any such modification shall
insure that adequate screening and buffering are provided to mitigate potential
adverse impacts on adjacent properties associated with the special exception
use.
25. Section 15.11.1 Historic District Zoning Permit Certificate of
Appropriateness Required
New signs or changes in text, color or composition to an existing permanent sign within the
H-I Historic District require the approval of a Historie Distriet ZOBiflg Permit Certificate of
Appropriateness by either the Board of Architectural Review in accordance with Sec. 7.5.5.
Historie Distriet Permits Certificate of Appropriateness, or the Preservation Planner in
accordance with Sec. 7.5.6 Administrative Approval ofHisterie Distriet Permits Certificate
of Appropriateness and the issuance of a sign permit by the Zoning Administrator.
I 26. Section 17.2.2 Civil Violations and Penalties
A. The violation of any of the following ordinance provisions shall constitute a civil
violation:
I.Zoning Permit (Sec. 3.7);
2. Fences and Walls (Sec. 10A.5.C.6);
3.Application for Occupancy Permit (Sec. 3.9);
4.Historie Distriet Permit Certificate of Appropriateness (Sec. 7.5.5);
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ORDINANCE: AMENDING VARIOUS SECTIONS OF THE LEESBURG ZONING ORDINANCE
5.Certificate of Approval (Sec. 7.6.4);
6.Sign Permit (Sec. 15.2);
7. Historie Distriet Certificate of Appropriateness Sign Permit: (Sec. 15.11.1)
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.
PASSED this 14th day of July 2009.
~ Qj:;~
. . Ums ttd, Mayor (
Town of Leesburg
ATTEST:
BAR 20 consistency Ordinance