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2011_07_12_O017 Crematoriums as Accessory UsesThe Town of Leesburg, Virginia ORDINANCE NO.: AN ORDINANCE: 6.3.2 Use Regulations 6.4.2 Use Regulations PRESENTED July 12, 2011 2011 -017 ADOPTED July 12, 2011 AMENDING THE LEESBURG ZONING ORDINANCE TO PERMIT A CREMATORIUM AS AN ACCESSORY USE TO A FUNERAL HOME IN THE B -1 COMMUNITY (DOWNTOWN) BUSINESS, THE B -2 ESTABLISHED CORRIDOR COMMERCIAL AND THE B -3 COMMUNITY RETAIL /COMMERCIAL ZONING DISTRICTS The Town Council of Leesburg, Virginia, ordains: SECTION 1. 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: Sec. 6.3 B -1, Established Corridor Commercial District m Funeral home Crematorium (Accessory to Fune .Home) S l sc. 3. 6.1 Sec. 18.1.69 8.1.69 Sec. 6.4 B -2, Established Corridor Commercial District Funeral home AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE TO PERMIT A CREMATORIUM AS AN ACCESSORY USE TO A FUNERAL HOME IN THE B -1 COMMUNITY (DOWNTOWN) BUSINESS, THE B -2 ESTABLISHED CORRIDOR COMMERCIAL AND THE B -3 COMMUNITY RETAIL /COMMERCIAL ZONING DISTRICTS -2- Sec. 6.5 B -2, Established Corridor Commercial District 6.5.2 Use Regulations rn i Funeral home ematorium (Acres Fu I Ho S Sec. 9.3.6.1 jSec.18.1.69 Sec. 18.1.69 Sec. 9.2 Use Table Funeral home Crematorium (Accessory to a Funeral Home) P Permitted by Right S Special Exception Approval Required (Sec. 3.4) JUU1 ❑❑uuu❑❑ Sec. 9.3.6.1 Sec. 9.3 Use Standards 9.3.6.1 Crematorium (Accesry to a Funeral Home) A. The Virginia Department of Environmental Quality Air Permit Local Governing Body Certification must be completed prior to submission to the Town for sign off. B. External storage of fuels shall comply with all applicable federal, state and /or county regulations, such as 40 CFR 112 or its state /local equivalent. C. Minimum setback for outdoor fuel storage containers shall be 50 feet from residential' districts; 25 feet from non- residential districts. AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE TO PERMIT A CREMATORIUM AS AN ACCESSORY USE TO A FUNERAL HOME IN THE B -1 COMMUNITY (DOWNTOWN) BUSINESS, THE B -2 ESTABLISHED CORRIDOR COMMERCIAL AND THE B -3 COMMUNITY RETAIL /COMMERCIAL ZONING DISTRICTS D. All outdoor fuel storage containers shall be screened from public view on three sides by a solid wall at least six (6) feet in height and on the fourth side by a solid gate at least five (5) feet in height. The gate and wall shall be maintained in good working order and shall remain closed except when refueling occurs. The wall and gate shalt be architecturally compatible with other buildings and structures on site. E. The facility shall beuse solely for the cremation ofhuman corpses and shall not be used for disposition of animal remains or medical waste. F. fire floor aciliti -3- shall be limited to no more than 25% of the total gross I home. Sec. 18.1 Terms Defined 18.1.69 Funeral Home A structure used for human funeral services. A funeral home may contain facilities for the preparation of the dead for burial and the storage of caskets and funeral supplies. A funeral home May contain a crematorium as, an accessory use when in accordance with the minimum Lite Standards provided. in Sec. 9.3.6.1 and approved by special exception, 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 provisions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage and shall apply to all new land development applications accepted after the effective date. -4- AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE TO PERMIT A CREMATORIUM AS AN ACCESSORY USE TO A FUNERAL HOME IN THE B -1 COMMUNITY (DOWNTOWN) BUSINESS, THE B -2 ESTABLISHED CORRIDOR COMMERCIAL AND THE B -3 COMMUNITY RETAIL /COMMERCIAL ZONING DISTRICTS PASSED this 12 day of July, 2011. A T ESt: Clerk of Coup P:\Resolutions \Resolutions 2011 \0712 TLOA 2011 -0002 Crematoriums.doc Umstattd, Mayor Town of Leesburg