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HomeMy Public PortalAbout2016_06_28_O016 Amending Zoning Ordinance Sec 7.10.2.I to Establish a Consistent Standard for the Treatment of Nonconforming Structures The Town of Leesburg, Virginia PRESENTED: June 28. 2016 ORDINANCE NO. 2016-0-016 ADOPTED: June 28. 2016 AN ORDINANCE: AMENDING ZONING ORDINANCE SECTION 7.10.2.I TO ESTABLISH A CONSISTENT STANDARD FOR THE TREATMENT OF NONCONFORMING STRUCTURES WHEREAS; the Town Council initiated zoning text amendment TLOA-2016-0006 on April 26, 2016 to consider providing a single standard for the treatment of nonconforming structures that are destroyed or removed in the Town of Leesburg; and WHEREAS; a duly advertised Planning Commission public hearing was held on May 19, 2016; and WHEREAS, at the May 19; 2016 meeting, the Planning Commission recommended approval of this application to the Town Council; and WHEREAS, the Town Council held a duly advertised public hearing on this application on June 28, 2016; and WHEREAS, the Council has concluded that the approval of the application would be in the public interest and in accordance with sound zoning and planning principles. The Council of the Town of Leesburg, Virginia hereby ORDAINS: SECTION I. The zoning text amendment application TLOA 2016-0006 Nonconforming Structures is hereby approved; and SECTION II. 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: -2- AN ORDINANCE: AMENDING ZONING ORDINANCE SECTION 7.10.2.I TO ESTABLISH A CONSISTENT STANDARD FOR THE TREATMENT OF NONCONFORMING STRUCTURES 7.10.2 Applicability I. Nonconformities. Existing uses, structures (other than signs, walls and fences) and lots that do not conform to the requirements of the CD District shall be subject to the regulations of Article 16 Nonconformities, except that the following provisions shall apply instead of Sec. 16.3 Nonconforming Structures: 1. Expansion. Any expansion of a nonconforming structure greater than ten percent (10%) of the gross area of the existing building shall require the entire structure to meet the requirements of the CD District. For the purposes of this section- District. A structure damaged by accidental fire or act of Cod to an extent leaf than 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 All prior ordinances in conflict herewith are hereby repealed.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 this ordinance. SECTION V. This ordinance shall be in effect upon its adoption. PASSED this 28th day of June, 2016. adAgit • David S. Butler, Mayor Town of Leesburg A T • sasA Clerk of Council/ P:\Ordinances\2016\0628 • 016-0006 Nonconforming Structures Zoning Ordinance Text Amendment.docx