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2012_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 -2- 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 -3- 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 -4- 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