HomeMy Public PortalAbout2012_04_24_O014 Amending Chapter 7 of the TC re Arts and Cultural DistrictThe Town of
Leesburg,
Virginia
ORDINANCE NO. 2012 -0 -014
PRESENTED: April 24, 2012
ADOPTED: April 24, 2012
AN ORDINANCE: TO AMEND SECTIONS 7 -3 (DEFINITIONS) AND 7 -5 (ELIGIBILITY
REQUIREMENTS) OF LEESBURG TOWN CODE CHAPTER 7 (ARTS
AND CULTURAL DISTRICT)
The Council of the Town of Leesburg in Virginia hereby ordains:
SECTION I. That Leesburg Town Code Chapter 7 (Arts and Cultural District) Section
7 -3 (Definitions) be and the same is hereby amended to read as follows:
Qualified arts organization shall mean a business for profit or not - for - profit organization
physically located within the district which, by the determination of the administrator, positively
contributes to the spectrum of arts and cultural activities and venues available to the public by
presenting live performances of theatre, dance, music, or other imaginative work and /or
producing or exhibiting physical works created by, or under the direction of one or more artists,
which are intended for unique production or limited reproduction. Museums or historic sites, the
primary mission of which is education, history, or historic preservation, may also qualify as
qualified arts organizations. Theaters, including movie theaters, art galleries, dance studios,
music venues, performance spaces, art schools and academies, including culinary arts schools
and academies, and graphic art design businesses are examples of qualified arts organizations.
In no case shall a restaurant, hair or nail salon, or an office use such as an architect,
advertising agency, bank, real estate office, medical office, attorney's office or any other general
office use qualify as a qualified arts organization for the purposes of this chapter. Additionally,
in no case shall a retail shop qualify as a qualified arts organization for the purposes of this
chapter unless the retail shop creates or exhibits some visual or performing art such as painting,
sculpture, textiles, dance, photography or music which is intended for unique production or
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AN ORDINANCE: TO AMEND SECTIONS 7 -3 (DEFINITIONS) AND 7 -5 (ELIGIBILITY
REQUIREMENTS) OF LEESBURG TOWN CODE CHAPTER 7 (ARTS
AND CULTURAL DISTRICT)
limited reproduction, and the retail shop derives 50 percent or more of its income from these
creative activities.
When applying for any benefit afforded under this chapter, the applicant shall have the
burden of providing qualification as a qualified arts organization. The incentives in this chapter
shall not extend beyond the time limits set forth in this chapter unless the district administrator
determines that a successor organization or assignee to an original qualified arts organization is
owned and operated by a wholly separate and different entity from the original qualified arts
organization. In such case, the new entity shall submit a separate application under this chapter.
District administrator means the town manager, or another employee of the Town of
Leesburg as designated by the town manager, shall serve as the district administrator for the
district.
Redevelopment means any expansion, addition, facade change or other physical
improvement to a property that increases the assessed value of the property housing a qualified
arts organization.
SECTION II. That Leesburg Town Code Chapter 7 (Arts and Cultural District) Section
7 -5 (Eligibility requirements) be and the same is hereby amended to read as follows:
The economic incentives and fee exemption contained in this ordinance will be made
available to any existing for - profit business or not - for - profit organization physically located
within the district which applies no later than August 31, 2012, six men4hs after- the enactment
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AN ORDINANCE: TO AMEND SECTIONS 7 -3 (DEFINITIONS) AND 7 -5 (ELIGIBILITY
REQUIREMENTS) OF LEESBURG TOWN CODE CHAPTER 7 (ARTS
AND CULTURAL DISTRICT)
of this e apter- and which carries on at least one of the activities described in section 7 -3 above
and to the satisfaction of the district administrator meets the criteria set forth below; or any new
for - profit business or not - for - profit organization physically located in the district which carries
on at least one of the activities described in section 7 -3 above and to the satisfaction of the
district administrator, meets the criteria set forth below. New businesses or organizations shall
apply to the district administrator for qualification no later than six months from the initial
commencement of operations. The district administrator shall apply the following criteria:
(a) The business or organization must advance the town's strategic goals identified in
the town's most recently adopted economic development strategic map and its current
comprehensive plan.
(b) The business or organization must enter into a written arts and cultural district
agreement ( "agreement ") that, among other things, provides a description of the principal
business activities to be carried on in the district; a description of the location of said
business within the district and whether such location is owned by the applicant business
or organization or leased, and if leased, the name of the landlord and the length of the
lease term; details regarding the structure of the business or organization (i.e. type of
entity and if other than a sole proprietorship, the names and addresses of all principals of
the business); a narrative description of the current and past activities of the business or
organization, and in the case of an already operating business or organization,
information regarding current and past locations of the business or organization; and a
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AN ORDINANCE: TO AMEND SECTIONS 7 -3 (DEFINITIONS) AND 7 -5 (ELIGIBILITY
REQUIREMENTS) OF LEESBURG TOWN CODE CHAPTER 7 (ARTS
AND CULTURAL DISTRICT)
five -year business plan including pro - forma. The five -year business plan is not required if
the applicant business has been in continuous operation within the district for five (5) or
more years. The agreement shall be subject to review and approval by the town attorney.
The business or organization must at all times comply with all applicable federal, state
and town laws and regulations.
SECTION III. All prior ordinances in conflict herewith are hereby repealed.
SECTION IV. 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 V. This ordinance shall be effective upon its adoption.
PASSED this 24th day of April, 2012.
C. mstattd, Mayor
Town of Leesburg
AT S
Clerk of 06ulkdil
P: \Ordinances\2012 \0424 Amending Chapter 7 of the Town Code - Arts and Cultural District.docx