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