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2011_09_13_O018 Amending the ZO to Permit Fairs as a Temp Use in the R-1The Town of Leesburg, Virginia A. Residential Districts 1. Wayside stand PRESENTED September 13, 2011 ORDINANCE NO.: 2011 -0 -018 ADOPTED: September 13, 2011 AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE TO PERMIT A "FAIR" AS A TEMPORARY USE IN THE R -1 SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT WHEREAS, the Town regulates Temporary Uses in Article 9 Section 9.5 of the Leesburg Zoning Ordinance to protect the health, safety, and welfare of its citizens; and WHEREAS, Section 9.5.2 Paragraph A does not list Fair as a permitted temporary use in residential zoning districts; and, WHEREAS, Town Council supports increased economic development opportunities throughout Town and strives to address market demands of the Town's residents and business community; and WHEREAS, the Town has been asked to consider the addition of a "Fair" as a temporary use in the R -1 Single Family Residential Zoning District (the R -1); and WHEREAS, with the addition of specific use standards it will be possible to allow a "Fair" as a permitted temporary use in the R -1 under Section 9.5.2.A of the Zoning Ordinance; and, WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the proposed amendments. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 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 9.5.2 Temporary Uses -2- AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE TO PERMIT A "FAIR" AS A TEMPORARY USE IN THE R -1 SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT 2. Christmas tree sale 3. Other similar temporary use; or 4. Fair in the R -1 Single Family Residential District 2. Section 9.5.4.D Fairs in the R -1 Single Family Residential District 1. Existing Uses Only. Fairs may only be approved when located on a parcel with a pre existing business or use on the subject R -1 zoned property. Vacant properties shall not be used for Fair uses. 2. Duration. A temporary use permit for such activities shall be issued for no more than three (3) consecutive days five (5) times per year. The total number of days allotted for the year may be consolidated resulting in more consecutive days fewer time per year. 3. Location. No such activity shall be located closer than three hundred (300) feet to a residential use. 4. No Outdoor Mechanical Rides. No outdoor mechanical rides such as ferris wheels, merry -go- rounds or similar rides are permitted. 5. Outdoor Performances. No outdoor performance on the property shall be permitted after 7:00 p.m. on any day. Performances after that time must be in a fully enclosed building. 6. Off Street Parking and Access. Adequate provisions must be made for off street parking; safe ingress and egress must be provided as shown on a parking plan and approved by the Zoning Administrator. 7. Hours of Operation. Such activities are permitted only between the hours of 10:00 a.m. and 11:00 p.m. Monday Saturday; 10:00 a.m. and 10:00 p.m. Sunday including set -up -3- AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE TO PERMIT A "FAIR" AS A TEMPORARY USE IN THE R -1 SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT and knock -down. Any performance activity from 10:00 p.m. 11:00 p.m. must be in a fully enclosed building. 8. Noise. All permitted Temporary Use Permits shall be subject to Town of Leesburg noise limitations according to Zoning Ordinance Section 7.9 Noise Limitations and Enforcement and Town Code Chapter 24 Article 5 Offenses Against Public Peace and Order. The use of outdoor mechanical equipment of any kind shall not extend past 7:00 p.m. of any day. 9. Sound Amplifying Equipment. Per Town Code Chapter 24 Article 5 Offenses Against Public Peace and Order, use of sound amplifying equipment shall be registered with the Town Manager at least 48 hours in advance of the use; use of such equipment shall not extend past 7:00 p.m. of any day as part of a fair temporary use permit. 10. Illumination. Night operations shall be permitted only if there is a lighting plan approved by the Zoning Administrator that provides for safe lighting without excessive glare into residential areas or onto public streets in accordance with Sec. 12.11 Outdoor Lighting. 11. Signs. The subject property shall be posted by one (1) temporary on -site sign per entrance to the property having a minimum size of twelve (12) square feet, a maximum size of twenty -four (24) square feet in area, no taller than six (6) feet, installed no fewer than ten (10) days in advance of the event. When any such event is being consolidated into more consecutive days fewer times per year, temporary signs may be permitted to remain in place -4- AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE TO PERMIT A "FAIR" AS A TEMPORARY USE IN THE R -1 SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT as determined by the Zoning Administrator. At the conclusion of any such event, all signs shall be removed within 24 hours. 12. Written Notice. All adjacent properties, including those immediately across the street, shall be provided with written notification of an application for a fair no less than ten (10) days in advance of the application for Temporary Use Permit. Such notice shall be mailed by First Class Mail. An affidavit of mailing with a listing of all addresses noticed by that mailing shall be provided as part of the application for the Temporary Use Permit. 13. Revocation. The Zoning Administrator may revoke a Temporary Use Permit for a fair in the R -1 District for violation of this subsection or the conditions of the permit. Notice of such revocation shall be given in writing by the Zoning Administrator to the operator of the Fair Temporary Use Permit, by hand delivery or certified mail, setting forth the reasons for the revocation, the date and time upon which the revocation is effective, and the appeals procedure. This provision shall not preclude the use of any other remedy rescribed b law with res ect to violations of the rovisions of the Zonin Ordinance. 3. Section 18.1.60.1 Fair A fair is an event, including but not limited to a haunted house or other seasonal celebration, usually for the benefit of a charity or public institution, including entertainment and the sale of goods. SECTION II All prior ordinances in conflict herewith are hereby repealed. AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE TO PERMIT A "FAIR" AS A TEMPORARY USE IN THE R -1 SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT 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 Leesburg Town Code. SECTION IV This ordinance shall be effective upon its adoption. PASSED this 13 day of September, 2011. -5- P:\Resolutions\Resolutions 2011 \0913 Amending the ZO Fairs as Temp Uses in R -1.doc n C. Umstattd, Mayor Town of Leesburg