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:
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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 All prior ordinances in conflict herewith are hereby repealed.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
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•
sasA
Clerk of Council/
P:\Ordinances\2016\0628 • 016-0006 Nonconforming Structures Zoning Ordinance Text Amendment.docx