HomeMy Public PortalAbout2010_01_26_O004 - TLOA 2009-0020 Excessive OccupancyThe Town o f
ORDINANCE NO. 2010-0-004
PRESENTED: January 26, 2010
ADOPTED: January 26, 2010
AN ORDINANCE: AMENDING THE ZONING ORDINANCE ARTICLES 9, 17 AND 18 TO
ENHANCE THE EFFECTIVENESS OF RESIDENTIAL EXCESSIVE
OCCUPANY REGULATIONS IN LEESBURG
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 9.1.5 Prohibited Uses
9.1.5 Prohibited Uses
A. Uses Prohibited in all Districts. The following uses are prohibited in all zoning
districts within the Town of Leesburg:
1. Abattoirs and/or rendering plants;
2. Vehicle auctions;
3. Automobile graveyards; and
4. Solid waste landfills
5. Boarding Houses and Transient Lod~in~
B. Uses Prohibited in Certain Districts. In addition to those uses which are prohibited
in all districts, other uses may be prohibited specifically or by inference in
individual zoning districts.
2. Section 9.7 Dwelling~Unit OccupancX
Section 9.7 Dwelling Unit Occupancy. In any district in which residential uses are permitted or
legally exist, a dwelling unit shall be occupied only a family as defined in Zoning Ordinance
Section 18.1.57. Occupancy by any other entity or person shall constitute a violation of this chapter.
a. Residential occupancy of dwelling units shall be limited to the maximum number of
occupants permitted by this Ordinance and by the Virginia Maintenance Code occupant
limitations, to protect against threats to the public safety, health and welfare that can
accompany overcrowding of land or undue density of population caused b~excessive
occupancy..
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AN ORDINANCE: AMENDING THE ZONING ORDINANCE ARTICLES 9, 17 AND 18 TO
ENHANCE THE EFFECTIVENESS OF RESIDENTIAL EXCESSIVE
OCCUPANY REGULATIONS IN LEESBURG
b. An owner or occupant of a dwelling_unit that occupies or permits the occupancy of a
dwellin unit by a number of occupants in excess of the maximum occupancy prescribed
shall reduce the occupancy to a level consistent with the limits of this Ordinance and the
Virginia Maintenance Code occupancy limitations uQon notice of the Zoning
Administrator or designee.
c. Residential occupancy is prohibited in an,Lshed, boat, tent portable stora a unit
recreational vehicle or similar device. An unauthorized dwelling unit within a building
shall be presumed to have been created when Conti leous areas for living, sleeping,
eating~cooking_and sanitation are desired in such a manner as to establish a distinct
separate, and self-contained living or housekeeping unit. Unauthorized dwellin~~nits are
prohibited.
d. An unauthorized dwelling unit within a building exists when Conti ug ous areas for living,
sleeping eating, cooking_and sanitation are designed in such a manner as to establish`two
or more distinct, separate, self-contained living or housekeeping units.
The existence of any one of the following conditions shall be considered to be an
unauthorized dwellin unit.
1. A secured internal access/connection is maintained that prevents full access to all
of the common living areas (exclusive of private bedroom bath areas) to all
occupants of the dwelling:
2. More than one assi ed address or more than one electric, water or gas meter
serving the dwelling unit.
3. Section 17.1 General
17.1.1Responsibility for Enforcement
The Zoning Administrator shall have the authority and the duty to ensure that all buildings and
structures and the use of all land complies with the provisions of this Zoning Ordinance. In acting to
enforce this Zoning Ordinance, the Zoning Administrator, or authorized agent thereof, shall act in the
name of the Town of Leesburg. The Zoning
Administrator shall have all necessary authority on behalf of the Town Council to administer and
enforce this Zoning Ordinance.
A. Issuance of Inspection Warrants. The Zoning Administrator or designee may present
sworn testimony to a magistrate or court of competent jurisdiction and if such sworn.
testimony establishes probable cause that a Zoning_Ordinance violation has occurred,
request that the magistrate or court grant the Zoning Administrator or desi~mee an
inspection warrant to enable the Zoning Administrator ar designee to enter the subject
dwelling for the purpose of determining whether violations of the Zonis Ordinance exist.
The Zoning Administrator or designee shall make a reasonable effort to obtain consent
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AN ORDINANCE: AMENDING THE ZONING ORDINANCE ARTICLES 9, 17 AND 18 TO
ENHANCE THE EFFECTIVENESS OF RESIDENTIAL EXCESSIVE
OCCUPANY REGULATIONS IN LEESBURG
from the owner or tenant of the subject dwelling prior to seeking the issuance of an
inspection warrant under this section.
B. Authority to Petition Court. When the Zoning Administrator has reasonable cause to
believe that any person has engaged or is en~a~ing in any violation of the Zoning
Ordinance that limits occupancy in a residential dwelling unit and the Zoning
Administrator or desi eng e, after a good faith effort to obtain the data or information
necessary to determine whether a violation has occurred, has been unable to obtain such
information, the Zoning Administrator may request that the Town Attorneypetition the
fudge ofthe General District Court for a subpoena duces tecum a gig nay such person
refusing to produce such data or information. The judge of the court, upon good cause
shown, may cause the subpoena duces tecum to be issued. Any person failin tg o comply
with such subpoena shall be subject to punishment for contempt by the court issuing the
subpoena. Any person so subpoenaed may apply to the judge who issued the subpoena to
uash it.
4. Section 17.1.2 Compliance Required
17.1.2 Compliance Required
A. Any building or structure erected or any improvements constructed contrary to
any of the provisions of this Zoning Ordinance and any use of any building or
land which is conducted, operated or maintained contrary to the provisions of this
Zoning Ordinance or the provisions of any approval granted by the Town under
this Zoning Ordinance shall be a violation of this Zoning Ordinance and the same
is hereby declared to be unlawful.
B. Any person, firm or corporation, whether owner, lessee, principal, agent,
employee or otherwise, who violates any of the provisions of this Zoning
Ordinance, or permits any such violation, or who fails to comply with any of the
requirements hereof, or who erects any building or structure or uses any building,
structure or land in violation of the provisions of this Zoning Ordinance or the
provisions of any approval granted by the Town under this Zoning Ordinance
shall be subject to the enforcement provisions of this article.
C. A written notice of a zoning violation or written order of the Zonin
Administrator or designee sent by certified and first class mail to, or posted at, the.
last known address of the property owner as shown on the current real estate tax
assessment records shall be deemed sufficient notice to the property owner and
shall satisfythe notice requirements under en~law.
5. Section 17.2.1 Criminal Violations and Sanctions
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AN ORDINANCE: AMENDING THE ZONING ORDINANCE ARTICLES 9, 17 AND 18 TO
ENHANCE THE EFFECTIVENESS OF RESIDENTIAL EXCESSIVE
OCCUPANY REGULATIONS 1N LEESBURG
17.2.1 Criminal Violations and Sanctions
A. Any violation of the provisions of this Zoning Ordinance, other than those expressly
identified as constituting civil violations (See Sec. 17.2.2), shall be deemed Class 2
criminal misdemeanors and, upon conviction thereof, shall be punishable by a fine of not
more than $1,000.00 for each separate offense. Each day during which the violation is
found to have existed shall constitute a separate offense. However, any conviction
resulting from a violation of provisions regulating the number of unrelated persons in
single-family residential dwellings shall be punishable by a fine of up to $2,000. Failure
to abate the violation within the specified time period shall be punishable by a fine of up
to $5,000, and any such failure during any succeeding 10-day period shall constitute a
separate misdemeanor offense for each 10-day period punishable by a fine of up to
$7,500. No such fine shall accrue against an owner or mana i~ ng agent of such dwelling
unit during the pendency of any legal action commenced by such owner or managing
went of such dwelling unit a ag inst a tenant to eliminate an excessive occupancy
condition. A conviction resulting from a violation of provisions regulating the number of
unrelated persons in single-family residential dwellings shall not be punishable by a jail
term.
B. The designation of a particular violation of this Zoning Ordinance as a civil violation
pursuant to Sec. 17.2.2 shall preclude criminal prosecution or sanctions, except when
such violation results in injury to a person or after the issuance of the third civil fine
when the violation is for excessive occupancy of a dwelling unit.
6. Section 17.2.2 Civil Violations and Penalites
17.2.2 Civil Violations and Penalties
A. The violation of any of the following ordinance provisions shall constitute a civil
violation:
1. Zoning Permit (Sec. 3.7);
2. Fences and Walls (Sec.10.4.5.C.6);
3. Application for Occupancy Permit (Sec. 3.9);
4. Historic District Permit (Sec. 7.5.5);
5. Certificate of Approval (Sec. 7.6.4);
6. Sign Permit (Sec. 15.2);
7. Historic District Sign Permit: (Sec.15.11.1)
8. Prohibited Signs (Sec. 15.5);
9. Sign Requiring Temporary Sign Permit (Sec. 15.6.1);
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AN ORDINANCE: AMENDING THE ZONING ORDINANCE ARTICLES 9, 17 AND 18 TO
ENHANCE THE EFFECTIVENESS OF RESIDENTIAL EXCESSIVE
OCCUPANY REGULATIONS IN LEESBURG
10. Maintenance of Signs (Sec.15.7.3);
11. Removal of Obsolete Signs (Sec.15.6.17.3.D);
12. Identification of Handicapped Parking (Sec.11.6.2.B.3).
13. Conformance with Certificate of Approval (Sec. 3.11.13)
14. Use Regulations-Residential (Sec. 5.1.2 thru 5.9.2)
15. Use Regulations-Commercial (Sec. 6.1.2 thru 6.7.2)
16. Use Regulations-MC District (Sec. 7.2.2)
17. Maximum Sound Levels-dBA (Sec. 7.9.3)
18. Prohibited Home Occupations (Sec. 9.4.3 D)
19. Use Limitation-HO (Sec. 9.4.3 E)
20. Minimum Yard Requirements (Sec. 10.4.5 C. 1-11)
21. Use of Parking and Loading Areas (Sec. 11.5 1-3)
22. Pavement Requirements (Sec. 11.6.1 D)
23.Outdoor Lighting (Sec. 12.11 A-C)
24. Dwelling~Unit OccupancX (Sec. 9.7)
25. Establishment of Boarding House/Transient Lod ig ng (Sec. 9..1..5)
B. All civil violations shall be punishable by a fine of $200.00 for the initial violation
and $500.00 for each additional violation of the same ordinance section. Each day
during which the violation is found to have existed shall constitute a separate offense.
However, in no event shall specified violations arising from the same operative set of
facts be charged more frequently than once in any ten (10) day period.
C. In no event shall a series of specified civil violations arising from the same
operative set of facts result in civil penalties that exceed a total of $5,000.00. When
civil penalties for a zoning ordinance violation total $5,000 or more, or after the
issuance of the third civil fine when the violation is for excessive occupanc~o~a
dwelling unit, the violation may be prosecuted as a criminal misdemeanor. Nothing
in this subsection shall be construed as prohibiting the Zoning Administrator from
initiating civil injunction procedures in cases of repeat offenses.
7. Section 17.3.2 Civil Violations
17.3.2 Civil Violations
A. Upon becoming aware of a civil violation of this Zoning Ordinance, the
Zoning Administrator or authorized agent thereof may issue a ticket or civil
summons for such civil violation.
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AN ORDINANCE: AMENDING THE ZONING ORDINANCE ARTICLES 9, 17 AND 18 TO
ENHANCE THE EFFECTIVENESS OF RESIDENTIAL EXCESSIVE
OCCUPANY REGULATIONS IN LEESBURG
B. If the person summoned or issued a ticket for a civil violation wishes to
appeal the summons or ticket to the Board of Zoning Appeals, the appeal shall be
taken within 30 days after the issuance of the summons or citation by filing with
the Zoning Administrator, and with the Board of Zoning Appeals, a notice of
appeal specifying the grounds thereof.
C. Any person summoned or issued a ticket for a civil violation may make an
appearance in person or in writing by mail to the Finance Department prior to the
date fixed for trial in court, or, if no date has been fixed for trial, within 30 days
from the date of issuance of the summons or ticket. Any person so appearing may
enter a waiver of trial, admit liability, and pay the civil penalty established for the
offense charged. Such persons shall be informed of their right to stand trial and
that a signature to an admission of liability will have the same force and effect as
a judgment of court. However, the appeal period for a notice of violation
involving maximum occupancy limitations of a residential dwelling unit shall be
ten (101 days from the date of the postmark on the certified first class mail and the
notice shall so state.
D. If a person charged with a violation does not elect to enter a waiver of trial and
admit liability, the violation shall be tried in the General District Court in the
same manner and with the same right of appeal as provided for by law. An
admission of liability or a finding of liability shall not be a criminal conviction for
any purpose.
8. Section 17.4 Additional Remedies
17.4 Additional Remedies
In addition to the remedies provided in this article, the Town Council, Town Manager or
Zoning Administrator may bring legal action to insure compliance with this Zoning
Ordinance, including injunction, mandamus, abatement or any other appropriate action or
proceeding authorized by law, to prevent, enjoin, abate, or remove any unlawful building,
structure or use. Such action may also be instituted by any citizen who may be aggrieved or
particularly damaged by any violation of any provisions of this Zoning Ordinance. At ..any
time after the filing of an iniunction or other appropriate proceeding to restrain. correct. or
abate a Zoning Ordinance violation and where the owner of the real property is a part~to
such proceeding, the Zoning Administrator or governing boderecord a memorandum
of lis pendens pursuant to Code of Virginia Section 8.01-268. Any memorandum of lis
pendens admitted to record in an action to enforce a zoning ordinance shall expire after 180
days. If the local real property and such owner subsequently transfers the ownerslu,_p of the
real property to an entit i~hich the owner holds an ownership interest greater than SO
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AN ORDINANCE: AMENDING THE ZONING ORDINANCE ARTICLES 9, 17 AND 18 TO
ENHANCE THE EFFECTIVENESS OF RESIDENTIAL EXCESSIVE
OCCUPANY REGULATIONS IN LEESBURG
percent, the pending enforcement proceeding shall continue to be enforced a ainst the
owner..
9. Section 18.1.18.1 Boarding_House/Transient Lodging
18.1.18.1 Boarding House/Transient Lodging
Any buildin~~other than a hotel, bed and breakfast, motel and commercial inn where far
compensation or by prearrangement for definite periods, lodging lodging and meals, or
meals are provided on a commercial basis for four (4)or more non-related persons.
10. Section 18.1.50 Dwelling Unit
18.1.50 Dwelling Unit
A sin l~unit ~rovidin~complete, independent living facilities for a sin le faanil~,
including provisions for living, sleeping eating and sanitation.
11. Section 18.1.57 Family
18.1.57 Family
eat
A person living alone, or any of the following_groups conforming to the limitations of the
Virginia Maintenance Code and living together as a single nonprofit and non-
commercial housekeeping unit, and sharing_common livin , sg leeping~cooking_and eatine
facilities:
1) Subject to the Virginia Maintenance Code occupancy limitations, andnumber of
persons all of whom are related by blood, marriage, adoption ~uardianshi~ or other
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AN ORDINANCE: AMENDING THE ZONING ORDINANCE ARTICLES 9, 17 AND 18 TO
ENHANCE THE EFFECTIVENESS OF RESIDENTIAL EXCESSIVE
OCCUPANY REGULATIONS IN LEESBURG
duly-authorized custodial relationship, as verified by official public records such as
drivers licenses, birth or marriage certificates; or by affidavits. The Zoning
Administrator ma~equire an affidavit in this re~,ard and may reject an~such
evidence not in the form of an affidavit; or
2) U~ to four persons not related to one another by blood, adoption, guardianship, or
other duly-authorized custodial relationship, as verified by official public records
such as drivers licenses, birth or marriage certificates; or by affidavits. The. Zoninu
Administrator ma~quire an affidavit in this regard and may reject any such
evidence not in the form of an affidavit• or
3) Not more than eight persons who are:
a. Residents of a residential facility as defined in § 15.2-2291, Code. of Virginia,
or;
b. Handicapped as defined in the Fair Housing Act, 42 USC §3602(h). This
definition does not include persons cunentl~gall~ng or addicted to a
"controlled substance" as defined in the Controlled Substances Act 21 USC
802
4) Subject to the Virginia Maintenance Code limitations, the following shall not be
included in the number of persons who mi t comprise a family: Up to two persons
who may be domestic workers (or one domestic worker and one minor child of the
domestic worker), live-in companions to the elderly or disabled, or "au pair"
employees. Anyone claiming a domestic worker, live-in companion to the elderly or
disabled, or "au-pair" for an occupant must first verify to the Zoning Administrator
the existence of a bona fide employment relationship or other contract which
demonstrates the validity of such domestic worker, live-in companion or "au pair"
status.
12. Section 18.1.82.1 Kitchen, accessory
18,1.82,1 Kitchen, accessory
Associated with single-family dwellings, for use by the family residing within the
dwelling unit, accessory or in addition to the first kitchen within the
dwelling unit. Approval of an accessory or additional kitchen in a single-family dwelling
shall not be considered approval of a second dwellin ug nit or
accessory dwelling unit unless approved der Section 9.4.1 of the Zoning Ordinance.
13. Section 18.1.82.2 Kitchen
18.1.82.2 Kitchen
An area within a dwellin ug nit equipped with such electrical or gas hook-up that would
enable the installation of a range, oven or like appliance for the preparation of food and also
containing, either or both a refrigerator and sink.
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AN ORDINANCE: AMENDING THE ZONING ORDINANCE ARTICLES 9, 17 AND 18 TO
ENHANCE THE EFFECTIVENESS OF RESIDENTIAL EXCESSIVE
OCCUPANY REGULATIONS IN LEESBURG
14. Section 18.1.113.1 Occupancy, residential
18.1.113.1 Occupancy, residential
Use of a buildin og r structure as a dwelling unit or place of abode'.
15. Section 18.1.113.2 Occupant
18.1.113.2 Oceu~ant
Any person who is livin~or sleeping in a buildin,,.g; or having ,possession of a space within a
buildin .
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 26th day of Janu , 2010
Kris e C. U stattd, Mayor
Town of Leesburg
AT'~ST: ,i" ~
,,
f ~~.;
:~
Clerk of Coun it
P:\Ordinances~2010\0126 TLOA 2009-0010 Excessive Oceupancy.doc