HomeMy Public PortalAbout2010_01_26_O005 - Amending the Town Code for Compliance with the VA Property Maintenance CodesThe Town o f
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ORDINANCE NO. 2010-0-005
PRESENTED: Januat~26, 2010
ADOPTED: January 26, 2010
AN ORDINANCE: TO AMEND THE TOWN CODE ARTICLES I AND II FOR COMPLIANCE
WITH THE VIRGINIA PROPERTY MAINTENANCE CODES AND STATE
LAW
NOW, THEREFORE, BE IT ORDAINED by the Town Council of Leesburg, Virginia:
SECTION I. That the following sections of the Town Code of the Town of
Leesburg, Virginia, 2003, as amended, be and the same are hereby amended to read as
follows:
1. ARTICLE I. IN GENERAL
Sec. 8-1. Building code and other codes.
The county shall enforce the state building code and other state-mandated and elective
codes in the town as provided by law to the same extent as it forces such standards in other
towns in the county. Such standards include, but are not limited to, state-mandated and elective
occupancy standards. State law references: Statewide building code, Code of Virginia, § 36-97
et seq.
2. ARTICLE II. HOUSING CODE'`
*State law references: Authority to regulate the light, ventilation, sanitation, etc., of buildings,
Code of Virginia, § 15.2-1117.
DIVISION 1. GENERALLY
Sec.8-23. Definitions.
Dwelling means a building containing only dwelling units; provided, however, that the
term "dwelling," or any combination thereof, shall be deemed not to mean and include hotel,
r-ee~+flgbet~se, motel, hospital or other accommodations used for more or less transient
occupancy.
Owner means any person who, alone or jointly or severally with others:
(1) Has legal title to any dwelling, dwelling unit, fee+~inse, rooming unit or
habitable room, with or without accompanying actual possession thereof; or
(2) Has charge, care or control of any dwelling, dwelling unit, ~ee+~+nghe~se,
rooming unit or habitable room, as owner or agent of the owner, or as executor,
executrix, administrator, administratrix, trustee or guardian of the estate of the
owner. Any such person thus representing the actual owner shall be bound to
comply with the provisions of this chapter to the same extent as if he were the
owner.
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AN ORDINANCE: TO AMEND THE TOWN CODE ARTICLES I AND II FOR COMPLIANCE
WITH THE VIRGINIA PROPERTY MAINTENANCE CODES AND STATE
LAW
DIVISION 3. STANDARDS FOR SPACE AND USE
Sec. 8-80. Compliance with division.
No person shall occupy, as owner or occupant, or let to another for occupancy, any
dwelling or dwelling unit which does not comply with the requirements of this division.
(Code 1963, § 12-19; Code 1976, § 9-43)
Sec. 8-81. Floor space generally.
Per the Virginia Property Maintenance Code, dwelling units shall not be occupied by
more occupants than permitted by the minimum area requirements of Table 404.5 found in
Chapter 4 of the Property Maintenance Code.
(Code 1963, § 12-20; Code 1976, § 9-44)
Sec. 8-82. Floor space for rooms occupied for sleeping purposes.
In every dwelling unit of two or more rooms, every room occupied for sleeping purposes
shall conform to the minimum square footage :area reauirements set forth in the. Virginia
Property Maintenance Code for '
floor space for each occupant thereof.
(Code 1963, § 12-21; Code 1976, § 9-45)
Sec. 8-83. Ceiling height.
At least one-half of the floor area of every habitable room shall have a ceiling height of at
least seven feet four inches and the floor area of that part of any room where the ceiling height
is less than five feet six inches shall not be considered as part of the floor area in computing the
total floor area of the room for the purpose of determining the maximum permissible occupancy
thereof. Where a basement meets all other provisions of this article, the ceiling height limitations
are not required.
Code 1963, § 12-22; Code 1976, § 9-46)
Sec. 8-84. Use of cellar space.
No cellar space shall be used as a habitable room or dwelling unit.
(Code 1963, § 12-23; Code 1976, § 9-47)
Sec. 8-85. Use of basement space.
No basement space shall be used as a habitable room or dwelling unit, unless:
(1) The floor and walls are impervious to leakage of underground and surface
runoff water and are insulated against dampness.
(2) The total window area in each room is equal to at least ten percent of the
floor area.
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AN ORDINANCE: TO AMEND THE TOWN CODE ARTICLES I AND II FOR COMPLIANCE
WITH THE VIRGINIA PROPERTY MAINTENANCE CODES AND STATE
LAW
(3) Such required minimum window area is located entirely above the grade of
the ground adjoining such window area.
(Code 1963, § 12-24; Code 1976, § 9-48)
Secs.8-86--8-104. Reserved.
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 effective upon its adoption.
PASSED this 26th day of J uar , 2010
C. mstattd, Mayor
Town of Leesburg
ATTEST:
Clerk of Co c'
P:\Ordinances\2010\0126 Town Code Amendment VA Property Maintenance Codes.doc