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HomeMy Public PortalAbout2016_05_10_O012 Amending the ZO re Fairs in the R-1 (Noise) The Town of Leesburg., Virginia PRESENTED: May 10. 2016 ORDINANCE NO. 2016-0-012 ADOPTED: May 10, 2016 AN ORDINANCE: AMENDING ARTICLE 9, SECTION 9.5.4.D, STANDARDS FOR SPECIFIC USES, FAIR IN THE R-1 DISTRICT, TO PROVIDE CONSISTENCY WITH TOWN CODE CHAPTER 24 The Town Council of Leesburg, Virginia, hereby 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: Section 9.5.4.D - Fair in the R-1 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 eight (8) times per year. The total number of days allotted for the year may be consolidated resulting in more consecutive days, fewer times 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 74008:00 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 and knock-down. Any performance activity from 1-0:00 8:00 p.m. — 11:00 p.m. must be in a fully enclosed building. AN ORDINANCE: AMENDING ARTICLE 9, SECTION 9.5.4.D, STANDARDS FOR SPECIFIC USES, FAIR IN THE R-1 DISTRICT, TO PROVIDE CONSISTENCY WITH TOWN CODE CHAPTER 24 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-V Offenses Against Public Peace and Order. The use of unenclosed mechanical equipment of any kind shall not extend past 7489 8:00 p.m. of any day. 9. Sound Amplifying Equipment. Per Town Code Chapter 24 Article 6-V 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 7498 8:00 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. 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 remaining provisions of the Leesburg Town Code. SECTION IV This ordinance shall be effective upon its adoption. PASSED this 10th day of May, 2016. op,o David S. Butler, Mayor Town of Leesburg AT ES A, % Clerk of Coun it P:\Ordinances\2016\0510 Amending the ZO Regarding Noise in the R-l.docx