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2011_04_26_O010 2010 Batch ZO AmendmentsThe Town of Leesburg, Virginia ORDINANCE NO: 2011 -0 -010 ADOPTED: April 26, 2011 AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS The Town Council of Leesburg, Virginia, ordains: PRESENTED: April 26, 2011 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. Sections 3.3.6 and 3.4.6 Submittal Requirements: 3.3 Zoning Map Amendments (Rezonings) 3.3.6 Submittal Requirements F. 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 Summary that shall include the following: (1) a Trip Generation Table that lists the proposed land uses and the daily and peak hour trip generation as shown in the current edition of the Institute of Traffic Engineers Trip Generation Manual: (2) A Statement whether traffic impact does or does not require mitigation and a description of any proposed mitigation as concluded by the Traffic Impact Analysis; and (3) a description of any proposed public road improvements. and the time of day based on currant Institute of Trancportation Article 7 of the Design and Conctructi required for all applications where the propoced land uce: 1. is adjacent to a road that currently carriec or is propoccd to carry more than 500 vehicle trips p 2. containc a road propoccd to carry more than 500 vehicle tripe per day (VPD); or AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS G. T rait ti of the Land Development Official at the applicant'c written requoct the number of employees or customers using the cite, or if 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; 7. Justifications for each of the required approval criteria; and 8. Any proposed variations or modifications of submittal requirements il lVsis. Traffic impacts, inctudinq 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 existinq 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; 1. is adiacent to a road that currently carries or is proposed to carry more than 500 vehicle trips per day (VPD), or 2. contains a: road proposed to carry more than 500 vehicle trips per day (VPD): or is adjacent to a road that currently or is ;proposed to !cart 100 or more peak hour vehicle trps per day: or 4. if the traffic study for the proposed activity is more than one (1) veer old. 5. 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. Anv such waiver shall be based upon a finding that such analysis is unnecessary due to the existence of previous studies and analyses which adequately 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 ofiemplovees or customers using the site, or if -3- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS o therwise ju stified by the applicant. The Land Development Official shall set forth in writing the reasons for the determination. Section 3.4 Special Exceptions 3.4.6 Submittal Requirements F. Written statement describing the proposed use and providing the following information: 1. Type of operation; 2. Hours of operation; 3. Traffic Impact Summary that shall include the following:: (1) a Trip Generation Table that lists the proposed land uses and the daily and peak hour trip generation as shown in the current edition of �lnstitute of Traffic Engineers Trip Generation Manual; (2) A Statement whether traffic impact does or does not require mitigation and a description of any proposed mit as concluded by the Traffic Impact! Analysis; and (3) a description of anv proposed public road improvements. a. b. c. d. ic adjacent to a road that currently carricc or ic propoccd to carry more than 500 vehicle tripe per day (VPD); or containc a road proposed to carry more than 500 vehicle tripe per is adjacent to a road that currontly or ic propoccd to carry 100 or if tho traffic study for the propocod activity ic more than one (1) year -aid, -4- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 4. Impacts on adjacent uses and measures proposed to mitigate such impacts. G. Traf#ic' Analysis.: Traffic impacts, including the maximum expected trig generation and the distribution. of such trips by mode and the time of day based on current' Institute of Trarlsporta #ion Engineers (ITE) Manual. internal road network, an d,connection into the existing transportation network, A traffic study.. as descfibed in Article 7 of the Qesign' and Cons #ruction 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 trite per day (VPD); or b. contains a road proposed to carry more than 500 vehicle trips per day (VPD); or c. is aacent to a road that currently or is pr000sed 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 of 1. 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 cover the extent of the proposed development: and its traffic impact, or if applicant supplies adequate proof that the proposed use does not increase tie u .lo r c s h a or if otherwise justified bar the ees applicant. m The La id Development Official shall set forth in writing the re asons for the determination. 2. Section 3.4.19 Appeals 3.4.19 Appeals An action contesting a decision of the Town Council arantina or failing to grant a special exception shall be filed within thirty days of the decision with the circuit court having iurisdiction of the land affected by the decision -5- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 3. Section 9.3.26 Telecommunications Facilities 9.3.26 Telecommunication Facilities All future telecommunications structures, including transmission lines, should be placed underground per the Town's under grounding policy if possible. The following standards have been established to permit the establishment of telecommunications facilities above ground if under grounding is not feasible in a manner that minimizes the visual impact of towers through careful siting, design, and screening; reduces the potential for damage to adjacent properties caused by tower failure or falling ice; and maximizes the use of any transmission towers and structures through the promotion of co- location so as to minimize the need to construct new towers. The standards of this section shall apply to all telecommunication uses and structures as provided below. A. 1. No commercial including manu 2. Signals or 10 1 monopole unlos Federal Aviation d signals or lights ar Standards Agplicabi to all Telecommunications Facilities: inq or signs shall be allowed on a tower or monopole, s Togo or brand name. n !nation shall not be permitted on any antenna. tower or uired.by the Federal Communications Commission, the inistration, State or Federal aut# ities, or the Town. When quired, shields shall be tall that that screen the signals or lights from ground view. 3. The related unmanned equipment structure(s) shall not contain more than seven hundred fifty (750) sauare feet of total gross floor area on each site. Structures shall not exceed twelve (12) feet in height. If located within the structure upon which the antennas are mounted. they may be located in the areas which are excluded from the determination of net floor area without changing the exclusion of those areas from the calculation of the density, of the structure,' The structure shall be of a material` or,coldr which matches the exterior of the building or structure. 4. Equipment buildings located on the grounds shall meet the minimum yard requirements of the zoning district where located. 5. Satellite and microwave dish antennas shall not exceed one and eight tenths (1.8) meters or six (6) feet in diameter. 6. A security fence at least six (6) foot high shall completely surround the tower (and quv wires. if used) and equipment building. It shall be constructed in colors and materials to blend into the immediate surrounding environment. 7. All equipment and facilities' from a telecommunications facility site shall be removed within ninety (90) days of cessation of telecommunications use and the site shall be restored as closely as possible to its original condition. 6 AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY/INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS B. Antennas. Roof top mounted dipole/whip or panel antennas and related unmanned equipment may be developed installed in those districts where Permitted subject to the and minimum standards provided below. Note that these provisions do not applv to antenna installed on utility transmission towers. (See power-mount facilities in C. below) 8. Such antennas and related equipment may exceed the maximum building height limitations, provided the use is in accordance with the development criteria herein. 9. Omni directional Diote or whip antennas shall not exceed twenty (20) feet in height or seven (7) inches in diameter and shall be of a material or color that matches the exterior of the building or structure. 10. Directional or panel antennas shall not exceed five (5) feet in height or two (2) feet in width and shall be of a material, color, or finish that minimizes the visual impact of the structure and emulates the exterior of the building or structure on which it is mounted. 11. 12. 13. 14. 17. 1.. (1.8) meters or six (6) feet in diameter and shall be screened from sight. ground view hundred fifty (750) square feat of total gross floor aroa on each site. Structures shall be of a material or color which matches tho exterior of the building or structure, 15.1f-the Eequipment structures is located on the roof of a building, the aroa of the equipment and structures shall not occupy more than twenty-five (25%) percent of the roof area. 16. Equipment buildings located on the grounds c 18. Antennas and related unmanned equipment are permitted in any zoning district on buildings and structures owned or controlled by a public uce, fire and rescue station, federal state countv or Leesburg Town governmental unit. AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS C. Monopoles and Power Mount Facilities. Monopoles, Power Mount Facilities (antenna mounted on utility transmission towers) and related unmanned equipment may be developed subject to the standards below to the extent permitted by special exception and with Commission Permit in the districts where permitted use fists- 1. The Applicant shall tlemonstrate to the satisfaction of the cningAdministrator that there is not an existing alternative structure which will reasonably meet the enaineerinq and service needs of the proposed teleco facility. 2. The height of such monopole shall not exceed one hundred fifty (150) feet, including antennas. Power Mount Facilities may exceed 150 feet in height if the existing transmission tower exceeds 150 feet and the height of the facility is approved as part of the special exception 3. eight tenths (1.8) meter in diameter. 4. All lots where a monopole facility is located shall comply with the required setbacks in the underlying zoning district between the base of the tower, accessory structures and uses, and guy anchors to all property lines as well as the following setback requirements: a. The minimum setback between monopoles and all property lines shall be a distance equal to fifty percent (50 of the height of the tower, or the minimum required setback of the district, whichever is greater. d. Monopoles shall be setback a minimum of 50 feet from any existing or planned right -of -way, and e. Monopoles shall be set back a minimum of 100 feet, or fifty percent (50 of the tower height, whichever is greater, from the lot line of any adjacent residential use or district. 7. structures are erected. In cuch cacec where more than two (2) ctructures are 6. Unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration, monopoles shall be designed to camouflage -the monopole minimize visibility through materials, colors, or other camouflage techniques. -8- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 8. 12. 14. 15. manufacturer's logo or brand name. 9. 10. No monopole shall be located within one -half mile of the H -1 Overlay District within the Town. 11. No monopole shall be located within a PRN or PRC District. telecommunications uce and the site shall be restored as closely ac possible to 13. New telecommunications monopoles shall be designed to accommodate at least three (3) providers. The applicant shall identify the conditions under which future co- location by other service providers are permitted. Co- location may be waived if the Town Council determines, based on substantial evidence produced by the applicant at the time of application, that: a. The accommodation would cause the size of the monopole to significantly exceed the size of existing towers in the area resulting in an unnecessary visual impact on the surrounding area; or b. There exists valid technological, economic or physical justification making co- location impossible. c. The Federal Communications Commission (FCC) has issued a written statement that no more licenses for those broadcast frequencies that are eligible to use the monopole will be issued in the foreseeable future. 16. The monopole shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI /EIA -222 -E manual, as amended. All applications for development of a monopole facility shall verify compliance with these standards. 17. A soil report compliant with the standards found in Appendix I: Geotechnical Investigations, ANSI /EIA- 222 -E, as amended, shall be submitted to the Town, sealed by a registered soils engineer, to document and verify the design specifications of the foundation for the monopole, and anchors for guy wires if used. -9- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 18. Monopoles and antenna shall be designed to withstand wind gusts of up to 100 miles per hour. D. Transmission Towers. Transmission Towers (free-standing or guyed lattice- a towe with related unmanned equipment may be developed in those districts where permitted when approved by special exception and with Commission Permit and the minimum standards provided below: 1. The Applicant shall demonstrate to the satisfaction of the Zoning Administrator that there is not an existing alternative structure which will reasonably meet the engineering and service needs of the proposed telecommunications facility. 2. The height of such tower shall not exceed one hundred fifty (150) feet, including antennas. 3. eight tenths (1.8) motors or six (6) feet in diameter. 4. All lots where a transmission tower facility is located shall comply with the required setbacks in the underlying zoning district between the base of the tower, accessory structures and uses, and guy anchors to all property lines as well as the following setback: a. The minimum setback between transmission towers and all property lines shall be a distance equal to fifty percent (50 of the height of the tower, or the minimum required setback of the district, whichever is greater./ b. Transmission towers shall be setback a minimum of fifty (50) feet from any existing or planned right -of -way, and c. Transmission towers shall be set back a minimum of one hundred (100) feet, or fifty percent (50 of the tower height, whichever is greater, from the lot line of any adjacent residential use or district hundred fifty (750) square feet of total gross floor area on ach site. Structures erected, they shall not be more than tight (8) feet in height. The structure shall 8. A commission permit shall be required. 10 AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 9. No tower shall be located within one -half mile of the boundary of the H -1 Overlay District within the Town. 10. No tower shall be located within a PRN or PRC District. 12. New telesernmuniGatieRs Transmission Towers shall be designed to accommodate at least three (3) providers. The applicant shall identify the conditions under which future co- location by other service providers are permitted. Co- location may not be required when the Town Council determines based on substantial evidence produced by the applicant that: a. Doing so would cause the size of the tower to significantly exceed the size of existing towers in the area and would create unnecessary visual impact on the surrounding area; or b. No additional need is anticipated for any other potential user in the vicinity, c. There is valid technologicalic or physical justification as to why co- location is not possible; or, d. The Federal Communications Commission (FCC) has issued a written statement that no more licenses for those broadcast frequencies that are eligible to use the tower will be issued in the foreseeable future 14. The transmission tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI /EIA -222 -E manual, as amended. All applications for development of a transmission tower facility shall verify compliance with these standards. 15. A soil report compliant with the standards found in Appendix I: Geotechnical Investigations, ANSI /EIA- 222 -E, as amended, shall be submitted to the Town, sealed by a registered soils engineer, to document and verify the design specifications of the foundation for the transmission tower, and anchors for guy wires if used. 16. Transmission towers and antenna shall be designed to withstand wind gusts of up to one hundred (100) miles per hour. 11 AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS E Temporary and Mobile and Land Based Telecommunication Testing Facilities Temporary and Mobile and Land Based Telecommunication Testing Facilities consisting of antennas and related equipment may be permitted in any zoning district subject to the following performance standards. 1. A temporary special permit may be issued by the Zoning Administrator for a period not to exceed six (6) months, provided, however, that the Zoning Administrator may approve an extension for up to an additional six (6) months upon written request by the applicant, submitted prior to the expiration date which documents the need for further testing. 2. Such temporary use must comply with all federal, state and county regulations, including but not limited to regulations by the Federal Aviation Administration, the Federal Communications Commission and the Environmental Protection Agency. 3. The temporary testing equipment for the antenna shall be located either in an existing structure or in a construction trailer or in a "cell on wheels trailer" with a valid zoning permit. No construction trailer shall be located in any required parking space. 4. Any clearing or grading of a site for the installation of the construction trailer or antenna shall be the minimum necessary for the proposed use, but in no event shall the disturbed area, excluding an access road, exceed 5,000 square feet in area. The permit shall include a condition requiring that any disturbed area be restored as close as possible to its original condition. 5. If an existing structure does not provide sufficient height for the antenna, the applicant may erect a temporary pole not to exceed one hundred (100) feet in height. 6. There shall be not more than two (2) vehicles parked on the site at any time. 7. 8. The Zoning Administrator shall require that the use will be appropriately screened from adjacent properties and may require the addition of plantings or the retention of existing vegetation. -12- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS Sec. 9.2 Use Table Antennas Monopoles/Power Mount Facilities Transmission Tower (lattice type) Temporary Mobile Land -Based Telecom Testing Facility difiddEliPAPJaiPjA ouao❑Lo❑ ❑uuuaill Eldrid 11 IE] I I Sec. 9.3.26.13-E 1 P P P P P P P P 1 Sec. 9.3.26.B-C. Sec. 9.3.26.E -D. Sec. 9.3.26.A: B. 4. Section 12.11 Outdoor Lighting 12.11.1 Purpose and lnten The purpose of this section is to establish outdoor lighting standards. that reduce the impacts of glare, fight tresoass and overlightinQ promote safety and security; and encourage energ conservation 12.11.2 Applicability A. This section shall apply to the installation of new outdoor lighting fixtures or the replacement of existing outdoor lighting fixtures. Replacement of a fixture shall mean a change of fixture type or change to the mounting height or location of the fixture. Routine lighting maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing and other similar components shall not constitute replacement and shall be permitted :provided such changes does not result in a higher lumen output. B. Outdoor lighting fixtures, legally installed and existing pri to (date), that do not conform to the provisions of this section shall be deemed` to be a lawful nonconforming use and may remain. A nonconforming Iiahtina fixture that is changed to or replaced by a conforming lighting fixture shall no longer be deemed nonconforming. 12.11 Standards A. Full cut- shall be 'use mounted..liohtinq ripen sided. parkins ures shall be mounted h a!kwav, parkino t,. rai III liohti 1' fixtures lo n locatf ructures that are °above'± i zont 1 iI to the ground and y and building/wall within those portions of round, For purposes of this 13 AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS section, an open -sided parking structure shall be a parking structure which contains exterior walls that are not fully enclosed between the floor and ceiling. B. Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural or landscape purposes, shall consist of full cu -off or directionally shielded lighting fixtures that are aimed and controlled so thatthe directed light shall' be substantially confined to the object intended to be illuminated. Directional control shields shall be used where necessary to limit stray light. In addition, such lighting shall be shielded to protect motorists and pedestrians from glare. C. All construction site lighting, with the exception of lighting that is used to illuminate the interiors of buildings under construction, shall use full cut -off or directionally shielded fixtures that are aimed and controlled so the directed light shall be substantially confined to the object; intended to be illuminated.` Directional control shields shall be used where necessary to limit stray light. Frosted light bulbs shall be used to light the ten' foot outermost perimeter area of the interiors of the buildings under construction. D. High intensity light beams in the form of outdoor search lights, lasers or strobe lights :axe prohibited. E. Light .poles in all parking lots 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. F. Wherever possible, illumination of outdoor seating areas, building entrances and walkways is accom by. use of ground mounted fixtures not more than four feet in height. G. Al l exterior lighting: fixtures shall be located' a minimum of ten feet from a property line. H. Wall mounted Bights other than entry lights of 100 watts or less, shall be fully shielded luminaries, such as shoebox`or can fixtures,' to direct all light dovvnward and to prevent the light source from being visible from any adjacent residential properties and public street right ht -of -way. Wall pack lights on buildings may be used at entrancesto a building to light unsafe areas. Such lights cannot be used to draw attention to the building or provide general building or site lighting. Wall packs` on the exterior of the building shall be fully shielded, full cut -off, to direct light vertically downward at an angle that shall limit output to prevent glare onto adjacent properties and be 100 watts or less. Wall pack lights visible from any location off site are prohibited? 14 AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 12.11.4 Plan Required A photometric 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 adiacent properties in excess of 0.5 foot candles, as measured at the site boundary. 12'.11.5 Standards for Certain Uses In addition to section 12.11.4 outdoor lighting fixtures associated with service stations, service station /mini- martand Vehicle sale, rental and ancillary service establishments shall be subiect to the following A. Service -station and service station /mini -mart canopy lighting shall not exceed a maintained level of 20 foot candles under the canopy as measured horizontally at grade at the inside of the outside edge of the canopy. All underside canopy lighting shall consist of full cut -off lighting fixtures. B. Outdoor display area lighting used in conjunction with a vehicle sale, rental and ancillary service establishment shall not exceed eed a maintained lighting level chall not exceed of 20 foot- candles as measured horizontally at grade For the purpose of this section, outdoor -display areas shall include all display /storage areas for vehicles offered for sale or rent and the associated travel lanes. 12.11.6 Exemptions The following shall be exempt from the provisions of this section: A. Lighting fixtures and standards reayired by the Federal Communications Commission. Federal Aviation Administration, 'Federal and State Occupational ,Safety and Health Ac nin s ratiorls�, other federal, state or town agencies, to include street lights within 1 ie rublic right -of -way. B. Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia Department of Transportation or other emergency response agencies to perform emergency or construction repair work, or to perform nighttime road construction on malor thoroughfares. 5. Sections 7.4.2. Use Regulations and 9.3.9 Eating Establishment (without drive in) Sec. 9.3 Use Standards 9.3.9 Eating Establishment (without drive in) In the 1 -1 District and in the MA District, eating establishments without drive -in facilities shall may only be located in the same building as the principal uses primarily served and y� �I■ h k 1 t� Accessory uses (to offices) P Not to exceed 25 percent of the gross floor area of the building Sec. 18.1.4 Fixed Base Operators and related aircraft basing facilities) P 1 I Fuel Storage and Dispensing Facilities I P II I Flight Instruction I P I 1 Aircraft Maintenance Services I P I I Aircraft Storage 1P Eating Establishment /o Dri ve -In) 1 9,3.9 I 18.1.54 Irrstlttiari i a.' Office I P I Sec. 18.1.121 I Automated Flight Service Station J I I Fire and /or rescue facility P 1 Sec. 18.1.64 Parking structure P Sec. 18.1.134, Sec.9.3.185 Sec. 18.1.135 15 AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS shall occupy not more than twenty -five (25 percent of the gross floor area of the building. Sec. 7.4 MA, Municipal Airport (Special Purpose) District 7.4.2 Use Regulations Uses are allowed in the MA 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. 6. Sections 9.3.17.1. Pad Sites (Use Standards) 9.3.17.1 Pad Site (Use standards) Pad sites shall not have direct access to abutting public streets. Pad sites shall' locate within 300 feet of the primary building within the center. h�iP hi ttli i ms��a it"`�� Oommerc Retail centers under 100,000 square feet and/or retail uses P c. 7,1 Sec. 18.1.158, 18.1.159 Retail centers over 100,000 square feet LL. .Sec. 9.3.17.1 Sec. 18.1.158 I1 -16- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 6.3.2 Use Regulations 1.1 Uses Retail centers under 100,000square feet and/or retail uses P 9.3.17.1 Sec. 18.1.158, Sec. 18.1.159 6.4.2 Use Regulations Retail centers under 100,000 square feet and /or retail uses Retail centers over 100,000 square feet P Sec. 9.3.17.1 Sec .3.17.1. ri iee': Sec. 18.1.158, Sec. 18.1.159 Sec. 18.1.158 6.5.2 Use Resulations 6.5.2 Use Regulations Retail centers under 100,000 square feet and /or retail uses 18.1.129.1 Pad Site (Definition) P 3.17.1 Sec. 18.1.158, Sec. 1.159 An area or lot within a shopping center reserved for a'freest rtdina commercial use. -17- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 7. Article 6 Nonresidential Districts and Sections 18.1.139 Pharmacy (definition) and 18.1.140 Pharmacy, Retail (definition) 6.1.2 Use Regulations 6.3.1 Use Re ulations 6.4.2 Use Regulations 6.5.2 Use Regulations 6.6.2 Use Regulations l Use Pharmacy poi 8.1.140 @@f i e.; l A.. �y�' k i. .ro z w,. h N w �..a Corns m I lii� 9 i t a a y 3� (���p�wp� Pharmacy JH I o 181.140 1 -17- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 7. Article 6 Nonresidential Districts and Sections 18.1.139 Pharmacy (definition) and 18.1.140 Pharmacy, Retail (definition) 6.1.2 Use Regulations 6.3.1 Use Re ulations 6.4.2 Use Regulations 6.5.2 Use Regulations 6.6.2 Use Regulations l Use Pharmacy poi 8.1.140 -18- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 18.1.140 Pharmacy i♦l An establishment offering medical appliances or prescription medicines to the public; may include retail sales of non medical goods. 8. Article 6 Nonresidential Districts, Sections 9.2 Use Table, 9.3 Use Standards and 18.1.20.1 Brewpub (definition) 6.3.2 Use Regulations Uni Bream Brewpub with Silo c, 9.3.2.1 I 3.2.1 Sec. 18.1.20.1 Sec. 18.1. 1' 6.4.2 Use Regulations L Brewpub Brewpub wittl Silo 6.5.2 Use Regulations 6.6.2 Use Regulations Sec.9.3.2.1 1 (Sec. 9.3.2.1 15.1.20.1' Seca 1 1.20.1 omme t Brewpub Brewpub with Silo [Sec, 9 ,3.2.1 Sec 'Sec, 18,1,20.1 18.1.20.1 Ilt h �f 't5+ p Bre `b 9 Sec.' 18.1.20.1 [Brewpub with Silo Sec. 9, 3.2.1' JSec.18.1.201 -18- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 18.1.140 Pharmacy i♦l An establishment offering medical appliances or prescription medicines to the public; may include retail sales of non medical goods. 8. Article 6 Nonresidential Districts, Sections 9.2 Use Table, 9.3 Use Standards and 18.1.20.1 Brewpub (definition) 6.3.2 Use Regulations Uni Bream Brewpub with Silo c, 9.3.2.1 I 3.2.1 Sec. 18.1.20.1 Sec. 18.1. 1' 6.4.2 Use Regulations L Brewpub Brewpub wittl Silo 6.5.2 Use Regulations 6.6.2 Use Regulations Sec.9.3.2.1 1 (Sec. 9.3.2.1 15.1.20.1' Seca 1 1.20.1 omme t Brewpub Brewpub with Silo [Sec, 9 ,3.2.1 Sec 'Sec, 18,1,20.1 18.1.20.1 ..W If P Permitted by Right S Special Exception Approval Required (Sec. 3.4) I Brew ub ia_iP f Q Sec. 9.3.2.1 1 _._1 t ..._J._..1._.J_ _J._ r'!'� Sec. 9:3.2.1 I Brew ub with Silo 1�_�1D :o...ilBall 19 AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS Sec. 9.2 Use Table Sec. 9.3 Use Standards 9.3.2.1 Brewpub A. By Richt. Brewpubs are permitted by right in accordance with the use standards provided below, AAA n w —w a. All brewing ingredients shall be stored indoors. 2. All exhaust from the brewing process shall be collected in a non -venting, stack condenser -type' system a d not Vented directly into the atmosphere. 3. Any spent grains intended for pick -up or delive for use as feed shall be stored in containers kept indoors prior to pick-up/delivery. 4. Any dumpsters where spent grains or other bi- product of the brewing process are disposed' of shall be secured so as to block odors and prevent rodent infiltration, B. Special Exception. Brewpubs shall require special exception approval in the following cases: 1. The proposed brewpub does not comply with all four of the standards for a by right brewpub set forth in. Sec. 9.3.2.1.A. 2. Storage silos only be permitted by special exception. 20 AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS Sec. 18.1 Terms Defined 18.1.20.1. Brewpub An eating establishment- brewery that sells 25% or more of its beer on site and no more than 75% of its beer off site. 9. Section 18.1.16 Bed and Breakfast 18.1.16 Bed and Breakfast Overnight accommodations and a morning meal provided in a single family detached residence that is owner or manager occupied, in which five (5) or fewer rooms without cooking facilities are rented to transient guests. Bed and Breakfast located in a commercial 'zonirlu district r av have weddings,' receptions and business meetings as an ancillary use. 10. Sections 11.2 Pedestrian Access and 11.6.1 Sidewalks and Pedestrian Facilities Sec. 11.2 Pedestrian Access 11.2.1 Purpose The pedestrian access standards of this section pertain, to a development's internal pedestrian circulation sV8tem., The section encourages a safe, attractive, and usable pedestrian circulation system internal to all developments. The purpose of the section is to They ensure a direct pedestrian connection between the street and buildings on the site and between buildings and other activities within the site. In addition, it they provides for connections between adjacent sites, where feasible. 11.2.2 Connections A. Connection to street. The internal pedestrian circulation system must connect all adjacent streets and sidewalks to the main entrance. B. Internal connections. The internal pedestrian circulation system must connect all buildings on the site, and provide connections to other areas of the site, such as parking areas, bicycle parking, recreational areas, common open space areas, and all pedestrian amenities. 11.2.3 Materials A. The internal pedestrian circulation system must be hard surfaced and shall have an unobstructed width of be at least four (4) feet wide. -21- AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS B. Where the system crosses driveways, parking areas, and loading areas, the system must be clearly identifiable through the use of elevation changes, a different paving material, texture change, or other similar method. Striping does not meet this requirement. C. Where the system is parallel and adjacent to a vehicle travel lane, the system must be a raised path or be separated from the vehicle travel lane by a raised curb, bollards, landscaping or other physical barrier. If a raised path is used, the ends of the raised portions must be equipped with curb ramps. Sec.11.6 Parking and Loading Area Design Standards 11.6.1 General F. Sidewalks and Pedestrian Facilities. Sidewalks shall be provided along the entire street frontage of a en -site, as necessary to protect pedestrians and promote the safe and efficient movement of pedestrians and vehiciesulef along a street movement. Sidewalks shall have a minimum unobstructed width of five (5) feet. In the case of a block containing a partial sidewalk, the width of the existing sidewalk may be continued for the remainder of the block length so long as ADA requirements are met. New sidewalks within a historic district or serving a historic district will be reviewed bv the Board of Architectural Review and/or bv staff. as required, in accordance with applicable historic district regulations to mitigate potential impact on the historic resource or historic streetscape. In those cases outside of the H -1 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 (5) 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. 22 AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 11. Section 10.4.4.G Pipestem and Irregular Lots 10.4.4 Lot Size G. Pipestem and Irregular Lots 2. Additional Use Limitations and Standards. Principal and accessory structures on pipestem lots which have been created as authorized by this Zoning Ordinance the Subdivision and Land Development Regulations shall be located within the building restriction lines shown on the final plat of the subdivision in which the lot is located, -or the yard requirements of this Zoning Ordinance, whichever is more restrictive. Required off street parking for uses located on a pipestem lot shall not be located on the stem portion of the lot or common driveway serving more than one lot. Anv pipestem lot created after April 26, 2011 A- pipestem -let shall have a minimum of 20 feet of frontaee on a public street or approved private access way. No portion of the pipestem lot shall measure! less than 20 feet between the street property line and the buildable area of the lot. Required off street parking on pipestem lots shall be connected to a public street by a driveway with a minimum pavement width of 14 feet for driveways serving 1 or 2 lots, and 18 feet for those serving 3 or more lots, and shall be paved in compliance with the standards within the Leesburg Design and Construction Standards Manual. 12. Section 18.1.204 Yard, Front 18.1.204 Yard, Front A yard extending across the full width of the lot, measured perpendicular to the front lot line and extending to the principal building or structure. On corner lots all yards which abut a street shall be deemed front yards. On pipestem and land locked parcels created after April 26, 2011, the front yard shall be the lot line that runs most parallel and is closest to the street that provides access to the parcel, whether the access is through the stem portion of the lot or an easement. iit r�ai N{w 5 4.� P4 4 iit a ^Y'.. o�� t t �Y i a n 5rf 1 1Q P Permitted by Right S Special Exception Approval Required (Sec. 3.4) I I utl n l ,1 Commu r y r 1 Place of worship I S Lain_ JLS 1t I1UUSIULI000U 1 Place of worship, in existing building I P 1 Sec. 18.1.64 Park, public P 1 v Recreation facility IEEEEEEE P Iu SI SaS I S 0 ©EE=ELJ S JJ J P P SiELIEEE EJ S Ij S IJ Sec. 9.3.21 1 1 School, general education IEEI 1 School, public IEE 84 n Ittt t �Y iT✓ I utl n l ,1 Commu r y r 1 n a i Fire and /or rescue facility I P 1 Sec. 18.1.64 Park, public I P 1 I Place of worship I I I Sec. 18.1.141 I Place of W orship, in existing building only IF I Sec. X181 141 I School, technical 1A I Sec. 18.1.165 I 23 AN ORDINANCE: AMENDING ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY DIMENSIONAL STANDARDS, ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS, AND ARTICLE 18 DEFINITIONS 13. Articles 6 Nonresidential Districts and 9 Use Regulations 6.7.2 Use Restulations Sec. 9.2 Use Table PASSED this 26 day of April, 2011. Clerk o ou P: \Ordinances\201 1426 2010 Batch Zoning Ordinance Amendments.doc C. U stand, Mayor Town of Leesburg