Loading...
2012_02_14_O004 2011 ZO Batch AmendmentsThe Town of Leesburg, Virginia ORDINANCE NO: 2012 -0 -004 PRESENTED: February 14, 2012 ADOPTED: February 14, 2012 AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS 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 2.5.1. Powers and Duties 2.6.1 Powers and Duties E. Interpretations. To issue written interpretations of this Zoning Ordinance upon written request. Such interpretations shall be binding as to the applicant and as to the specific facts presented in the application for interpretation after -2- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY & DIMENSIONAL STANDARDS, ARTICLE 1 I PARKING, LOADING AND PEDESTRIAN ACCESS, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS 2. Section 3.7.1 When Permits Required 3.7.1. When Permits Required No wall, building, structure or part thereof shall be built, constructed, reconstructed, moved, altered or added to, including internal alterations, and no excavation or filling operation shall be commenced, oCrchange 'in use permitted until application has been made and a zoning permit issued by the Zoning Administrator in accordance with the provisions of this Zoning Ordinance. 3. Section 3.1.10 Inactive Applications 3.1.10 Inactive Applications Any Zoning Map Amendment application or Special Exception application officially accepted as complete by the town for processing that later has processing suspended by request of the applicant or by lack of activity by the applicant for a period of six (6) months or more shall be deemed inactive. The period of inactivity shall be measured from the time staff issued comments or correspondence that required revisions to the application or some affirmative act in response by the applicant but no subsequent revisions or demonstrable progress toward approval of the application has been made. A Reactiivaton Process: Once an application is deemed inactive it may be reactivated by the applicant at any time in the following six (6) months. If an applicant wishes to reactivate an application during this subsequent six (6) month period, the applicant must notify the town in writing of their intent to proceed with the application, grant the town an appropriate extension of time and pay a reactivation fee as established SIE AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS by the Town Council. Any application that is not re- activated prior to the end of the allowed one (1) year period of inactivity shall lapse and be of no further effect and no further processing of the application shall occur. The application is considered withdrawn and a new application must be submitted with the appropriate fee. For example, if a rezoning application has been accepted and staff issued comments on July 1, 2003 but no response has been received from the applicant by January 1, 2004, the application is deemed inactive. If applicant makes no attempt to reactivate the application by June 30, 2004, the application is considered withdrawn. 4. Section 3.3.6. Submittal Requirements 3.3.6. Submittal Requirements All rezoning applications shall be accompanied by the following items. 5. Sections 3.10.1.C. Additions to Existing Buildings and Structures, 7.5.5.C. Additions to Existing Buildings and Structures and 10.4.5.0 Extensions into Required Yards 3.10.1 Applicability -4- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS C. Additions to Existing Buildings and Structures. Including, but not limited to: the construction of new porches and decks; the expansion of the square footage so that it increases the height or the footprint of the existina structure. The dllnwirta structure is exem6t from review by the Boarc 7.5.5 Certificate of Appropriateness C. Additions to Existing Buildings and Structures. Including, but not limited to: the construction of new porches and decks; the expansion of the square footage so that it increases the height or the footprint of the existing structure.. he'foliowina-structure _is exe Ot from review by the 10.4.5 Minimum Yard Requirements C. -5- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS 6. Section 3.19 Zoning Interpretations -6- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS 7. Sections. 9.4.3.0 Permitted Home Occupations, 9.4.3.D Prohibited Home Occupations, 9.4.3.E Use Limitations, 6.3.2 Use Regulations, 6.5.2 Use Regulations, 6.7.2 Use Regulations, 18.1.40.1 Dance Studio and 18.1.59.1 Exercise Studio. 9.4.3 Home Occupations C. Permitted Home Occupations. The following uses may be permitted as home occupation uses, subject to the requirements of this subsection. 24. reserved) 25. Personal trainer 26.24- Other uses determined by the Zoning Administrator to be similar in scope and impact (on the surrounding neighborhood) to those permitted home occupations listed above. D. Prohibited Home Occupations 2. . reserved E. Use Limitations 14. reserved' MR AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS Sec. 6.3 B -1 Community (Downtown) Business District 6.3.2 Use 6.4.2 Use 6.5.2 Use matrons uiations -8- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY & DIMENSIONAL STANDARDS, ARTICLE 1 I PARKING, LOADING AND PEDESTRIAN ACCESS, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS 6.7.2 Use Reaulations 8. Sec. 18.1.60.1 Fair 18.1.60.1 Fair A fair is a recreational social." educational br,"cubtal:.:0v nj including but not limited to seasonal celebrations such. as a haunted house, or other r the benefit of a charity or public institution such kropic organizations AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS 9. Section. 10.4.5.F Increased Setback Adjacent to Residential Use for Certain Districts 10.4.5 Minimum Yard Requirements F. Increased Setback Adjacent to Residential Use f0F Ge Districts. In nonresidential districts the front, side and rear yard minimum setback shall be increased to be equal to the height of the building where the building height exceeds the required minimum yard setback adjacent to residential districts only. For example, the B -2 District allows a commercial building to be a maximum of 45 feet in height. If the rear yard of the building is to be located adjacent to a residential district (such as R -6), the building must be at least 45 feet from the property line with the residential district, even though the rear setback for the B -2 District is only 20 feet. Increased Setback Adjacent To Residential Use©istricts HEIGHT 43'�� EM] EM REQUIRED YARD 43' -;►E COMMERCIAL PROPERTY RESIDENTIAL LINE 10. Section 11.4.3 Payment -in -Lieu 11.4.3 Payments -In -Lieu Rather than providing the required off - street parking on -site due to a change of use, expansion of an existing use or new construction, developers of land within the H -1 Overlay District may provide a portion or all of such parking by means of a payment -10- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS to the town's parking fund. Such payment shall be based on a one -time fee per parking space, as established from time to time by resolution of the Town Council. Any off - street parking satisfied in this matter shall run with the land, and any subsequent change in use that requires more off - street parking shall require subsequent action to satisfy additional parking requirements. No refund of such payment shall be made when there is a change of use to require less parking. Such payment shall be made to the town in one lump sum prior to the issuance of a zoning permit; however, this payment shall not guarantee the availability of parking for the fee - paying development. Funds derived from such payment shall be deposited by the town in a special parking fund and shall be used for acquiring and developing off - street parking facilities within the H -1 Overlay District. NOTE: This option is not available for residential uses or structures exce_6t as described below. 11. Article 12 Tree Preservation, Landscaping, Screening, Open Space and Outdoor Lighting 12.5.1 Applicability All parking areas described below, unless explicitly exempted, must be landscaped screened as described in this article. For the purposes of this article, parking lots are defined as any area used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, whether these vehicles are or are not for sale or lease. This definition includes, but is not limited to, parking lots and display areas for automobile dealerships and service stations. The area of the parking lot shall be calculated to include all paved areas used for ingress /egress. The requirements of this section shall apply to the construction or enlargement of any parking lot with five (5) or more parking spaces. No perimeter parking lot landssap+ag screening shall be required if an S -2 or S -3 screen as described in Sec. 12.8.6 is required. -11- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS 12.5.2 Definition Perimeter parking lot landscaping screenings shall include all landscaped areas outside the perimeter of the paved area of the lot and any landscape area required adjacent to a public street. 12.6.1 Applicability The requirements of this section shall apply to the construction or enlargement of any parking lot with sixteen (16) or more parking spaces. Such landscaping shall be in addition to perimeter parking lot landscaping - screening street tree planting and ssreening bu erin . 12.7.1 Properties within the H -1 Overlay District A. Landsrape Sce 6nins Area Adjacent to a Public Street. The Land Development Official may waive or reduce the requirement for a landscape aFea as described in Sec. 12.5 when the required ten (10) foot area would serve no useful purpose, would result in a hardship to the property owner and a suitable screening alternative has been provided where necessary. Alternative screening such as architectural walls may be permitted when approved by the Board of Architectural Review. Any such modification shall be issued by the Land Development Official before an application may be considered by the Board of Architectural Review on the subject property. The modification shall be in writing and shall set forth the reasons for granting the modification. G. B Relation of Perimeter Parkins Lot Screen ngTand Interior Parking Lot Landscaping. The Land Development Official may modify the numerical requirements for the amount of landscape space and amount of plant materials as required in Sec. 12.5 and Sec. 12.6. If additional landscape area or plant material is provided that exceeds the requirements of the interior or -12- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, ARTICLE 6 NONRESIDENTIAL DISTRICTS, ARTICLE 7 OVERLAY AND SPECIAL PURPOSE DISTRICTS, ARTICLE 9 USE REGULATIONS, ARTICLE 10 DENSITY /INTENSITY & DIMENSIONAL STANDARDS, ARTICLE 1 I PARKING, LOADING AND PEDESTRIAN ACCESS, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS perimeter parking lot landscaping the Land Development Official may apply this to the alternative perimeter or interior landscaping requirements. D Form of Waiver. A request for modification, any waiver or reduction of parking lot landscaping requirements by the Land Development Official shall be in writing and shall state the reasons for granting the modification request. 12.8.1 Applicability The buffer -yard and scree requirements of this section shall apply to all new construction, including Site Plan Waiver and enlargement of existing structures constituting more than fifty percent (50 %) of the floor area of the existing structure. 12.8.2 Definition A. Definition. Buffer -yards are of adioining land' uses. Buffer -yards shall not be used for the storage of materials, buildings, parking or loading areas for motor vehicles or equipment or signs. Driveway entrances and entrances connecting adjacent parking lots or developments may intersect the required buffer -yard. See Sections 181.21 Buffer arid J 18"' .166,S' creertirig for definitions. F. Buffer -Yards Adjacent to a Developed Site 1. Existing Development Complying with Buffer-Yard Requirement Whenever a site plan or subdivision is proposed adjacent to a developed property that has provided one hundred percent (100 %) of the required buffer -yard the adjacent proposed development or subdivision must provide at least one half of the width of the buffer -yard required by Sec. 12.8.3. This provision shall apply unless modified by Sec. 0. 2. Existing Development Not Complying with Buffer -Yard Requirement. Whenever a site plan or subdivision is proposed adjacent to a developed property that has not provided any or all of the required buffer -yard, the adjacent proposed development or subdivision shall provide the balance of the buffer -yard required by Sec. 12.8.3. This provision shall apply unless modified by Sec. 0. Properties residentially zoned or used as single - family detached dwellings developed prior to October 22, 1986 shall not be determined to have provided a buffer -yard as defined in this section. -13- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS G. Buffer -Yards Adjacent to Certain Public Streets 1. When the rear and /or side of a residential, commercial, institutional (including playgrounds) or industrial structure abuts a street classified as a collector or a higher classification street (in its ultimate design), as indicated in the Transportation Section of the Town Plan, buffer -yards and screening shall be provided between the residential, commercial or industrial use and the public right -of -way. The buffer -yard aR- screening shall be provided either on individual lots in a perimeter landscape area or as part of a common open space owned and maintained by a homeowners' association. If a perimeter landscape buffer area is used on individual lots, the area within the perimeter landscape area shall not be included in the calculation of lot size. 2. The width of the buffer -yar4 and the screening materials required to be planted within the buffer -yard shall be as follows: 3. Fences, walls, berms and /or very dense vegetative treatments may also be employed within the required buffer yard screen to interrupt the view of the rear or side yards. Use of decorative, opaque fence or wall with a minimum height of six (6) feet or berms with a minimum height of four (4) feet with hedges and /or shrubs within the buffer -yard can reduce some or most of the requirements for buffer yaFds and planting materials screening as determined by the Land Development Official. The design of fences or walls shall avoid long stretches to the point of visual monotony and shall be varied by using changes in height, different material combinations, offset angles, or other types of articulation. An architectural elevation detail of the buffer yard scre hiri� treatment type shall be submitted for review when a fence or wall is utilized and shall demonstrate that attractive visual continuity has been achieved. 4. The Land Development Official may modify any of the aforementioned buffer -yard and screening in rear and side yards adjacent to public streets as deemed appropriate with the purpose and intent of this article. Any request for modification shall be in writing and shall state the reasons for granting such request. -14- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS Example of Reduced Buffer and creenin„g Adjacent to Collector 12.8.3 SGFeening arm Buffer -Yard Matrix The ser ° ° ^4 buffer -yard matrix describes the requirements for screening and buffers -yafds between adjoining land uses. (S = required screen type [1, 2 or 3]; number above screen type = minimum width of buffer -y-ar4 in feet.) 12.8.5 Modification of SGFeening -aid Buffer -Yard Requirements B. Usable Lot Area. Where the strict provisions of this article would reduce the usable area of a lot due to lot configuration or to a point which would preclude a reasonable use of the lot, ssreei and buffer yard requirements may be waived or modified by the Land Development Official where the side of a -15- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS building, a barrier and /or the land between the building and the property line has been specifically designed to minimize the adverse impact through a combination of architectural and landscaping techniques. C. Special Design. SGFeening and bBuffer -yard requirements may be waived or modified by the Land Development Official where the side of a building, a barrier and /or the land between that building and the property line has been specifically designed to minimize the adverse impact through a combination of architectural and landscaping techniques. D. Construction of Walls. Ssreening -and bluffer -yard requirements may be reduced by up to one -third (1/3) where the developer constructs a six (6) foot high brick or stone wall if the Land Development Official finds the intent of the ssa�nd buffer -yard regulations is better served by inclusion of the wall. The Land Development Official shall set forth in writing the reasons for such determination. E. Combined Site Plan. The Land Development Official may modify or reduce the requirements for s6r ° ° ° ^d buffer -yards when the adjoining land uses are developed under a combined site plan. F. Special Exceptions. All uses allowed by special exception in a given district shall be required to provide buffer yards using the Section 12.8.3. SsreeRing apA Buffer -Yard Matrix and Section 12.8.5.B. Useable Lot Area; C. Special Design; D. Construction of Walls; and applicable sections of the Town Plan as guides. The Town Council, as part of the special exception approval, may modify the een♦eg and buffer -yard except for properties located within the H -1 Overlay, Old and Historic District. Any such modification shall insure that adequate screening and buffering are provided to mitigate potential adverse impacts on adjacent properties associated with the special exception use. 18.1.21 Buffer -16- AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS 18.1.166 Screening Whenever this term is used, it shall refer to are. 12. Sections 12.1.2 General Applicability 12.1.2 General Applicability The provisions of this article shall apply to all land development applications submitted after January 1, 2010 except that site plan waivers, and minor subdivisions submitted after November 10, 2009, shall be exempt from the applicability of these provisions. This article does apply to the enlargement of any parking lot, but does not apply to resurfacing of any existing parking lot. This article shall apply to the construction of any parking lot with greater than five (5) spaces and the construction, extension or widening of any street. 13. Section 12.11.4 Plan Required 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 adjacent properties in excess of 0.5 foot - candles, as -17 AN ORDINANCE: AMENDING ARTICLE 2 REVIEW AND DECISION - MAKING BODIES, ARTICLE 3 REVIEW AND APPROVAL PROCEDURES, 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, ARTICLE 12 TREE PRESERVATION, LANDSCAPING, SCREENING, OPEN SPACE AND OUTDOOR LIGHTING, ARTICLE 13 FLOOD PROTECTION, AND ARTICLE 18 DEFINITIONS 14. Section 13.2.2 Special Exception Uses 13.2.2 Special Exception Uses The following uses may be permitted in the Floodplain when reviewed and approved as a Special Exception use in accordance with the procedures of Sec. 3.4, provided that they are not prohibited by this or any other ordinance B. Utilities and public facilities and improvements such as streets, bridges, and transmission lines, pipe lines and other similar uses. Special "'exception PASSED this 14th day of February, 2012 P: \Ordinances\2012 \0214 2011 Batch Ordinance.doc 0 Ulyistattd, Mayor Town of Leesburg