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HomeMy Public PortalAbout2020_07_28_O011 TLZM-2020-0004 Amendments to the Official Zoning Map and TLOA-2020-0002 Amendments to Article 7 of the Zoning Ordinance to Establish the Gateway District (Overlay)The Town of Leesburg, Virginia ORDINANCE NO. 2020-0-011 PRESENTED: July 28, 2020 ADOPTED: July 28, 2020 AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT WHEREAS, the Town Plan recognizes the importance of community design in the entrance corridors leading to the H-1, Overlay, Old and Historic District, and Heritage Resources Objective 2 specifically states, "Protect the approaches to the historic district through comprehensive zoning and design policy to foster appropriate changes within the entrance corridors"; and WHEREAS, through Resolution No. 2016-136 the Town Council initiated a working group consisting of members of the Planning Commissi n and the Board of Architectural Review to develop recommendations on how to improve the H 2 Corridor program; and WHEREAS, through Resolution 2017- 22 the Town Council considered the recommendations of the H-2 Work Group and found that the proposed Gateway District deserved further evaluation; and WHEREAS, the H-2 Work Group recommended at a work session on February 26, 2018 that the Town Council replace the H-2 Corridor Program with the new Gateway District by initiating amendments to the Zoning Ordinance, including design guidelines, and the Official Zoning Map; and WHEREAS, through Resolution No. 2018- i 28 the Town Council initiated amendments to the Zoning Ordinance and the Official Zoning Map o establish the Gateway District (Overlay); and -2- AN ORDINANCE: APPROVING TLOA-2020-¢002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT WHEREAS, a duly advertised Planning Commission public hearing was held on June 18, 2020, and at its meeting on July 2, 2020 the P1 ing Commission recommended approval of TLOA-2020-0002 and TLZM-2020-0004 Gateway istrict (Overlay); and WHEREAS, the Town Council held a duly advertised public hearing on these amendments on July 28, 2020; and WHEREAS, the public necessity, convene ce, general welfare and good zoning practice require the proposed amendments. The Council of the Town of Leesburg, Vir inia hereby ORDAINS: SECTION I. That the following sections of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the ame are hereby amended to read as follows: Sec. 7.12 Gateway District (Overlay) 7.12.1 Purpose The purpose of these gateway corridor regulations is to implement the Town Plan goal of ensuring quality design compatible with Leesburg's historic, architectural, and tourist resources through architectural control along the town's primary arterial routes into the H-1, Overlay, Old and Historic District ("H-1 Overlay District"). The protection of these traditional gateways to Leesburg's historic district will stabilize and improve property values; protect and enhance the town's attraction to tourists and visitors; and will support and stimulate complimentary c'evelopment appropriate to the prominence afforded properties contiguous to Leesburg's major arterial routes. Benefits attributable to the promotion of superior design and appearance of structures constructed and altered along the town's arterial highways will ultimately promote the general welfare of the citizens of the town 7.12.2 District Created The Gateway District (Overlay) ("Gatewaay District") is hereby established as an overlay on the Official Zoning Map under authority of Section 15.2-2306 of the Code of Virginia, 1950, as amended, with bour{daries to include all or parts of parcels as shown on the aforesaid Official Zoning Map. The Gateway District shall have five -3- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT segments that recognize the traditional after al routes to the H-1 Overlay District. The five segments shall be located as describ d below and have both universal and discrete standards based on the distinct char cter of the particular segment as follows: A. East Market Street. 1. District Location, Generally. he boundary of the Gateway District on East Market Street shall be a shown on the map entitled "Gateway District — East Market Street" and as included on the Official Zoning Map. B. West Market Street. 1. District Location, Generally. The boundary of the Gateway District on West Market Street shall be as shown on the map entitled "Gateway District — West Market Street" and as included on the Official Zoning Map. 2. District Width on Existing Res dential Lots. On West Market Street the Gateway District shall not exte-id more than fifteen feet (15') from the adjacent right-of-way line onto tie property of any developed residential lot. C. North Kinq Street. 1. District Location, Generally. The boundary of the Gateway District on North King Street shall be as shown on the map entitled "Gateway District — North King Street" and as included on the Official Zoning Map. 2. District Width on Existing Res dential Lots containing a Dwelling. On North King Street the Gateway District shall not extend more than fifteen feet (15') from the adjacent ri ht-of-way line onto the property of any developed residential lot. D. South Kinq Street. 1. District Location, Generally. The boundary of the Gateway District on South King Street shall be as shown on the map entitled "Gateway District — South King Street" and as included on the Official Zoning Map. 2. District Width on Existing Res dential Lots containing a Dwelling. On South King Street the Gateway District shall not extend more than fifteen feet (15') from the adjacent ri ht-of-way line onto the property of any developed residential lot. E. Edwards Ferry Road. 1. District Location, Generally. The boundary of the Gateway District on Edwards Ferry Road shall be s shown on the map entitled "Gateway -4- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT District — Edwards Ferry Road" and as included on the Official Zoning Map. 2. District Width on Existing Res dential Lots containing a Dwelling. On Edwards Ferry Road the Gateway District shall not extend more than fifteen feet (15') from the adjacent right-of-way line onto the property of any developed residential lot. 7.12.3 District Applicability A. All Lots, Parcels and Structures. Lnless otherwise expressly exempted, the regulations of this section shall apply to all lots and parcels, and to all structures upon such lots or parcels within the boundaries of the Gateway District as defined in Sec. 7.12.2 above. B. Partially within Gateway District. If any part of a structure to be erected, altered, or restored is located on a to or parcel that is within these boundaries, the entire structure shall be governed by this section, unless the entire structure itself is located outside the Gateway District boundaries. C. Proffered Rezoninus - May Proffer to Gateway District. Properties subject to proffered rezonings approved prior to July 28, 2020, the effective date of this section, shall comply with the approved rezoning. However, applicants may also proffer compliance (when outside the H-1 Overlay District or Crescent Design District) or agree to comply w th the Gateway District standards. D. Exemptions. The provisions of thi section shall not apply to any of the following: 1. Regular maintenance or in kind repair of structures, buildings, or signs (as opposed to alteration); 2. Single-family detached dwellings; 3. Attached dwellings (including townhouses and duplexes) existing as of the date of enactment of this overlay district; or 4. Construction within approved, (proffered Planned Development Districts. 5. Shade Structure. Unattached: As defined in Article 18, and pursuant to the performance criteria in Se ton 9.5.4. 6. Tent: As defined in Article 18,and pursuant to the performance criteria in Section 9.5.4. 7.12.4 Design Guidelines The Design Guidelines shall be used by th Architectural Review in evaluating Certifica Preservation Planner and the Board of es of Appropriateness applications. The -5- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT current Design Guidelines are the H-2 Corridor Design Guidelines dated March 1, 1990, which will be used until such time asl the Gateway District Design Guidelines are enacted. 7.12.5 Architectural Style to be in Accord nce with Design Guidelines No specific architectural style is required for any project but the approved application must conform to the principles permitted by .he Design Guidelines. 7.12.6 Design Criteria In order to approve an application filed under Sec. 7.12 Gateway District (Overlay), the Preservation Planner or the Board of Ar hitectural Review shall find that it meets all of the standards and criteria stated below and as further defined in the Design Guidelines. The determination must be made: A. Whether or not the proposed external architectural features, represented by the general design and arrangement, texture, color, line, mass, dimension, material, and lighting reflect appropri to design for the Town of Leesburg. B. Whether or not the proposed structure, building, or improvement is compatible with appropriate structures in the vici pity of the proposed structure. C. Whether or not proposed freestanding buildings or partially freestanding buildings use the same or architecturally harmonious materials, color, texture, and treatment for all exterior walls. D. Whether or not the combination of architectural elements proposed for a structure, building, or improvement, in terms of design, line, mass, dimension, color, material, texture, lighting, landscaping, roof line, and height conform to accepted architectural principles for permanent buildings reflecting the character of the Town of Leesburg, as contrasted with engineering standards designed to satisfy safety requiremerts only. E. Whether or not the proposed structure, building, or improvement, in terms of design, material, texture, color, light ng, dimension, line, mass roof line and height, is intended to serve primarily as an advertisement or commercial display, exhibits exterior characterist cs likely to deteriorate rapidly, would be of temporary or short-term architec#ural or aesthetic acceptability, or would otherwise constitute a reasonable f¢reseeable detriment to the appearance and stability of the Town's historic arterial corridors. 7.12.7 Certificates of Appropriateness A. Applicability. Unless otherwise xpressly exempted in sec. 7.12.3.D Exemptions above, no structure, building (including multifamily buildings, -6- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT mixed —use buildings and townhouses or duplexes), or sign located on land shall be erected, reconstructed, altered, or restored on property subject to the Gateway District standards of this section until the plans for such shall have been approved by the Preservation Planner or the Board of Architectural Review in accordance with the Certificate of Appropriateness procedures below. The regulations below apply to both public and private structures and site features. B. Definitions. For the purposes of Sec. 7.12 Gateway District, the following are defined: 1. Maintenance. Activities undertaken to conserve the original condition of a structure to compensate for normal wear and tear, so long as there is no change in materials or design. Such maintenance repair shall be "in - kind repair" using the same materials, color, and design as the original structure. 2. Alteration. Any change which effects the exterior of a structure, building or sign. For the purposes of this chapter, altering (changing) the exterior color, design, and/or materials of a structure, building, or sign, or any addition to a building or structure, shall be deemed an alteration and not regular maintenance. 3. New Construction. The initial construction of entirely new structures. 4. Modification. A change to the otherwise applicable standards when permitted by this article and subject to the approval process of Sec. 7.12.24.0 Modifications. 5. Demolition. Any removal of orty percent (40%) or more of the total exterior wall or roof surface of any building shall require a Certificate of Demolition in accordance with the requirements of Sec. 7.12.9 Demolition Applications. Any removal of less than 40% of the exterior wall or roof surface of a building shall be considered an alteration and requires a Certificate of Appropriateness in accordance with the provisions of Sec. 7.12.8 Certificate of Appropriateness Applications. In accordance with Sec. 7.12.14.D.2.c, the Preservation Planner shall have the authority to issue a Certificate of Demolition for any structure that is 400 square feet or less total area. 6. Structure. A structure shall include, but not be limited to buildings, outbuildings (accessory structures), fences, walls, lamp posts, and light fixtures, HVAC equipment, bank teller machines, gas pumps and canopies. -7- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO EST&BLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT 7.12.8 Certificate of Appropriateness Applications No building, structure, or site feature subject to the provisions of Sec. 7.12 Gateway District (Overlay) shall be constructed or altered, until its owner has applied for and received a Certificate of Appropriateness issued by the Preservation Planner or the Board of Architectural Review. 7.12.9 Certificate of Demolition Required No historic landmark, building, or structure subject to the provisions of Sec. 7.12 Gateway District (Overlay) shall be demolished until its owner has applied for and received a Gateway District Certificate of Demolition from the Board of Architectural Review pursuant to the procedures of this section except as otherwise expressly provided in this Sec. 7.12.9 Demolition Applications. A. Demolition Permit Review and Approval Criteria. In reviewing demolition applications, the Board of Architectural Review shall consider the following: 1. The designation of the particular structure as historic or non -historic in the Certified Local Government Grant Building Surveys, if any, which may be found at the Department of Planning and Zoning; 2. The criteria listed in the Gatewa Design Guidelines (when enacted); and 3. The ability of the owner to put the subject property to reasonable beneficial use. 7.12.10 Sign Applications A. Standard for Review. Proposed signage shall meet the standards set forth in Article 15 of the Zoning Ordinance and the H-2 Corridor Design Guidelines dated March 1, 1990 as referenced in Sec. 7.12.4. These Design Guidelines shall be used by the Preservation planner and the Board of Architectural Review in evaluating Certificates of Appropriateness for signs until such time as the Gateway District Design Guidelines are enacted. B. Administrative Approval. The Preservation Planner shall have the authority to administratively review and approve requests for Certificates of Appropriateness for signs in the Gateway District so long as the Preservation Planner determines that the requested sign(s) meets the standards set forth in Article 15 Sign Regulations of the Zoning Ordinance and the Design Guidelines. C. Board of Architectural Review Approval. If the Preservation Planner determines that a requested sign does not meet the standards set forth in AN ORDINANCE: APPROVING TLOA-2020- 002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONIN ORDINANCE AND THE OFFICIAL ZONING MAP TO ES ABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT Article 15 of the Zoning Ordinance arjd/or the H-2 Corridor Design Guidelines, the application shall be forwarded to the Board of Architectural Review for consideration. 7.12.11 Certificate of Appropriateness Application Process The process for submitting an application to gain a Certificate of Appropriateness is set forth in Sections 7.12.12 through 7.12.1 6 below. 7.12.12 Pre -Application Conference Prior to filing an application, the applicant should meet with the Preservation Planner to discuss the requirements and the naturle of the proposal. For purposes of this conference, the applicant may provide a skeljch plan of the proposed building(s) drawn to scale showing the general layout of the sie. This sketch should be submitted to the Preservation Planner at least three (3) daye before the date of the conference. The Preservation Planner may waive this requirement based on the nature and complexity of the proposal. 7.12.13 File Application Applications for Certificates of Appropriateness must be made on forms provided by the Department of Planning and Zoning ant3i must be accompanied by a filing fee in accordance with the latest Fee Schedule adopted by the Town Council. A. General. Except as hereinafter pr vided, when filing an application for a Certificate of Appropriateness, ap licants must submit a Statement of Justification describing how the project addresses the Gateway District standards along with the following information for consideration by the Preservation Planner or the Board of Architectural Review, as applicable: 1. Dimensioned architectural floor plans, roof plans, and elevations drawn to scale; [Remainder of page left intentionally blank] -9- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONIN 3 ORDINANCE AND THE OFFICIAL ZONING MAP TO ES BLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT 2. Site plans; 3. Photographs or drawings relating the proposed project to the surrounding streetscape; 4. Complete exterior door, widow, and material samples and manufacturer cut sheets; 5. Proposed colors; 6. Lighting; 7. Landscaping, as required by Article 12; or in this article and as shown in the Gateway District Design Guidelines and the Living Legacy Project; 8. Proposed signage, as required by Article 15 Sign Regulations. 9. All text documents shall be submitted in a digital format. 10. All plans shall be submitted in a digital format. B. Sign Permits. When filing application for a Certificate of Appropriateness for signs, applicants must submit the following nformation: 1. A scale drawing of the proposed sign; 2. Proposed materials and colors for the sign, including supports, and details of any lighting method to be used; 3. The style and size of the lettering; and 4. A sketch or photograph showing the proposed location of the sign on the building or site. C. Waivers of Certain Requirements. Upon written request from the applicant, the Preservation Planner may waive any of the above requirements deemed not to be necessary for review of the application. However, any such waiver may be overturned by the Board of Architectural Review if the Board determines the additional information is necessary to consider a modification or appeal that comes within the Board's purview. Certificate of Appropriateness Approval Process Pre -Application Conference File Application 1 Staff review for Acceptance • J Application Accepted 07) ' i Administrative Hearing (Staff review) (BAR review) L l• Staff review & declslon HearingXMke Notice (Placard & Written) BAR review & decision -10- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT 7.12.14 Application Acceptance/Review getermination A. Time to Accept for Review. Once a application is received, the Preservation Planner shall have ten business (10) days from the date of submittal to accept or reject the application. This decision shall be communicated to the applicant on or before the tenth business day�following submission of the application. During the subsequent review proce s and prior to action on the Certificate of Appropriateness, if the Preservation planner determines additional information is needed to present a full and comilete application given the nature of the request, the Preservation Planner m y request that information. B. Type of Review. As part of this review, the Preservation Planner shall determine whether the application will be handled administratively or if it will be forwarded to the Board of Architectur rl Review for action. The complexity, scale and location of the proposal shall b taken into account by the Preservation Planner when making this determinat on. C. Automatic Review by the Board o Architectural Review. An application shall automatically be forwarded to the Board of Architectural Review if any of the following criteria are met: 1. The proposed structure size exceeds 5,000 gross square feet; 2. The structure is comprised of foYr (4) or more stories; 3. Multiple new structures are proposed on the site and exceed 5,000 square feet in total; 4. A modification from the requirements of Sec. 7.12.24 Universal Gateway District Standards has been req ested. D. Administrative Review by the Preservation Planner. The Preservation Planner shall have the authority to review an application and issue a Certificate of Appropriateness in the following cases: 1. Applications for New Structures that meet the Design Guidelines. Applications that meet the Des gn Guidelines shall be reviewed by the Preservation Planner except as ¶et forth in Sec. 7.12.14.E Application Not in Conformance with Design Guidelines and as exempted in Sec. 7.12.14.0 Automatic Review by the Board of Architectural Review. 2. Applications involving the Structures. The following appli' by the Preservation Planner if t Guidelines: following Alterations to Existing ations may be approved administratively ey are found consistent with the Design -11- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ES'11ABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT a. Site Alterations. Alterations to existing or installation of new lampposts, light fixtures, fences, driveways, walkways or alterations in existing exterior color schemes, bollards and other traffic control structures. b. Alterations to Existing Structures. Alterations to existing structures including (a) the like -kind replacement of roof materials; (b) the installation of storm windows and doors; (c) the replacement or installation of new shutter$; (d) installation of HVAC units and associated support struc ures; and (e) minor utility -related improvements, such as water, electric and gas meters. In addition, the Preservation Planner shall h?ve the authority to issue a Certificate of Appropriateness for the change in appearance of gutters, downspouts, attic vents and exterior door c. Demolition. Notwithstandin the definition in Sec. 7.12.7.C.4, the Preservation Planner shall h ve the authority to issue a Certificate of Demolition for any structure teat is 400 square feet or less in total area. d. Signs. As permitted in Sec. .12.10. 3. When Preservation Planne Position Vacant. If the Preservation Planner position is vacant, all applications will be forwarded to the Board of Architectural Review until the position is filled. E. Contingent Review by the Board of Architectural Review. If the Preservation Planner determines that an application may not be in conformance with the Design Guidelines, the application shall be forwarded to the Board of Architectural Review by the Preservation Planner or it shall be withdrawn at the applicant's request. 1. Applications involving the Following Changes. The following applications are reviewable by the Board of Architectural Review. a. Site Alterations. Alterations to existing or installation of new lampposts, light fixtures, ferces, driveways, residential walkways or changes in existing exterior color schemes, bollards and other traffic control structures. b. New Construction. c. Alterations to Existing Structures. Alterations to existing structures including (a) the like -kind leplacement of roof materials; (b) the installation of storm windo s and doors; (c) the replacement or installation of new shutterst; (d) installation of HVAC units and -12- AN ORDINANCE: APPROVING TLOA-2020- 002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONIN ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT associated support structures; (e) utility -related improvements; building or structure additi ns; and (g) change in appearance gutters, downspouts, attic ve is and exterior doors. d. Demolition. e. Signs. As permitted in Sec. .12.10. 7.12.15 Review of Plans in a Timely Manner A. 75 Days. The Preservation Planner or the Board of Architectural Review, as the case may be, shall render a final decision within seventy-five (75) days or less after the acceptance of a completed application (in the case of an administrative review) or after the first public hearing on the matter (in the case of the Board of Architectural Review). In cases where the Board of Architectural Review is reviewing ail application, and the final advertised Business Meeting or Work Session falls within the 75 Day period, but the meeting where the application is scheduled to be heard is canceled, the deadline will automatically extend to the next available meeting. B. Approval unless Extension. Exc$pt as indicated in Sec. 7.12.15.A, any application not acted upon within this! 5-day period shall be deemed approved unless the parties mutually agree to extend the action time beyond this 75-day period to a date certain. C. Revisions may establish New Ti eline. The Preservation Planner may require a revised application with a new application date that extends the 75- day timeline when alterations or modifications are made to the accepted application. 7.12.16 Public Notice Requirements (f) of A. No Public Notice required for Administrative Approval. No public notice is required for an administrative approvtl by the Preservation Planner. B. Public Notice required for Applications before the BAR. Written and Placard notice is required for those a1lplications that will be heard by the Board of Architectural Review. Such notice khall be provided in accordance with the requirements of Sec. 3.1.9.A Written Notice and Sec. 3.1.9.E Placard Notice. Newspaper notice is not required. 7.12.17 Actions on Applications In response to an application for a Certificate of Appropriateness, the Preservation Planner or Board of Architectural Review, ast the case may be, shall be authorized to -13- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT approve the application, deny the application, or approve the application in modified form. The Preservation Planner may also fgrward an application that does not meet the Design Guidelines to the Board of Architbctural Review. 7.12.18 Decision must be in Writing A. Copy to Applicant. All decisions of the Preservation Planner or the Board of Architectural Review granting or denying a Certificate of Appropriateness shall be in writing, a copy of which shall be ent to the applicant and a copy filed with the town office. B. If Not Approved or Denied. If th Preservation Planner determines an application is not administratively approvable as submitted, or if the Board of Architectural Review determines an application should be denied, the reasons for such determination shall be includbd in the written statement transmitted to the applicant. In the statement, tie Preservation Planner or Board of Architectural Review may make suggestions that would assist the applicant in preparing a new application for resubmission. 7.12.19 Appeals A. Appeals to the Board of Architectural Review. In the event that the Preservation Planner determines that the Certificate of Appropriateness application does not meet the Design Guidelines, the application shall be forwarded to the Board of Architectural Review, at the next regularly scheduled Board of Architectural Review meeiing for which all public hearing notice requirements can be met, unless the application is withdrawn by the applicant. B. Appeals to the Town Council. Appleals to the Town Council from any final decision of the Board of Architectural Review may be made in accordance with the provisions of Sec. 3.11.15.E Appeals to the Town Council. C. Appeals to the Circuit Court of Loudoun County. Appeals to the Circuit Court of Loudoun County from any decision of the Town Council may be made in accordance with the provisions of Sec. 3.11.15.0 Appeals to the Circuit Court of Loudoun County. 7.12.20 Lapse of Approval A Certificate of Appropriateness shall lapse nd become void unless: A. Two Years. Construction has commenced within two years (24 months) from the date the Certificate of Appropriateness was issued; or -14- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT B. Extension. Prior to the expiration of the two-year (24 month) period in (A.) above, the applicant can obtain a six-month extension from the Zoning Administrator by clearly demonstrating in writing to the Zoning Administrator proof of diligent pursuit of other necessary land development approvals. The Zoning Administrator shall set forth inwriting the reasons for the grant or denial of any such extension request. The Zoning Administrator shall include notification of the request for an adm nistrative extension to adjacent property owners. The number of six-month extensions that an applicant may obtain shall be limited to two (2) consecutive six-month extensions for a total of one year. 7.12.21 Accurate Drawings Required for Certificate of Appropriateness or Zoning Permit Issuance Before issuing any type of permit for work which has been approved by the Preservation Planner or Board of Architectu -al Review, applicants must submit plans that accurately reflect any changes or conditions established by the Preservation Planner or Board of Architectural Review as part of the approval of the project. 7.12.22 Change to Approved Plans after Issuance of Certificate of Appropriateness. Any minor alteration listed below may be approvable provided that it is in substantial conformance with the approved Certificate of Appropriateness and reasonable justification for the change is presented to the Preservation Planner. The modification(s), both individually and cumulatively shall be in substantial conformance with the approved Certificate of Appropriatenl ess. A. Board of Architectural Review or Preservation Planner Review. Any change in the approved plans subsequent to the issuance of a Certificate of Appropriateness shall be promptly submitted to the Preservation Planner for review prior to construction of the nejiw or modified feature. The Preservation Planner may approve the change adrr}inistratively or, if it is determined that the Certificate of Appropriateness application does not meet the standards for appropriateness the application shall Ee forwarded to the Board of Architectural Review in accordance with the procedures of Sec. 7.12.19 Appeals to the Board of Architectural Review, or be withdrawn by the applicant. B. The Preservation Planner may administratively approve minor alterations including but not limited to: (a) in the color of brick selected for a project; (b) in the profile of door and window mo dings; (c) in the type of siding used in a small area, which does not exceed ten percent (10%) of the affected facade; (d) in the style of a door or window; (e) in roof material as long as historic roof materials are not removed; (f) repsDsitioning, or enlargement/reduction no greater than 10% in the size of a nor -historic doorway or window opening, on -15- AN ORDINANCE: APPROVING TLOA-2020- 002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONIN ORDINANCE AND THE OFFICIAL ZONING MAP TO ES ABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT a secondary resource or on the rear of a primary resource; and (g) repositioning, changes in balustrade (guardrail), or enlargement/reduction no greater than 10% in the size of a porch or outdoor staircase on a secondary resource or on the rear of a primary resource. C. Report. A report of administrative c anges to Approved Plans after issuance of Certificate of Appropriateness sh II be made to the Board of Architectural Review at each regular meeting. 7.12.23 Work Must Conform to the Certifibate of Appropriateness as Issued All work performed pursuant to a Certificate of Appropriateness shall conform to the approved plans, specifications and any modification required by the Certificate of Appropriateness. In the event work is performed that is not in conformance with the Certificate of Appropriateness, the Zoning Administrator shall notify the responsible person or firm in writing of the violations and shall take the necessary legal steps to ensure that the work is performed in conformance with the Certificate of Appropriateness. 7.12.24 Universal Gateway District Stand rds. The five Gateway District segments set for41 in Sec. 7.12.2 District Created shall be subject to the following standards and as further defined in the Design Guidelines. A. Site Design 1. Building Placement/Orientation. Buildings that have frontage on a public or private street shall 6e oriented toward, and approximately parallel to, the street. If the building is on a corner lot, it shall have two front facades, each architectural?y addressing its respective street. 2. Off -Street Loading Spaces, Ut lity Areas, and Utilities. a. Location. Off-street loading docks, dumpsters, utility meters, waste and/or recycling receptacles shall be located either internally or at the side or rear of buildings and shall not be directly visible from a public street. b. Screening. When loading docks, dumpsters, utility meters, waste and/or recycling receptacles cannot be located within buildings, they shall be screened by elements compatible with the architecture of the building, including but not imited to fences, walls, or even other buildings. Dumpsters are also subject to Sec. 12.8.8 Dumpster Screening. -16- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ES4&BLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT c. Outside of Loading Docks Loading areas outside of loading docks shall be screened from any adjacent use by an architecturally compatible masonry wall sufficient for the purpose. 3. Mechanical Equipment shall be screened. Mechanical equipment including energy conservation a-id/or collection equipment (not including the solar panels or wind turbines themselves), located on the site shall be screened from public view. Mechanical equipment is inclusive of, but not limited to heating -ventilating -air-conditioning (HVAC), energy conservation and/or collection, transformer, power generation, utility metering, or electric vehicle charging devices. a. Rooftop. All rooftop mechanical equipment shall be screened from view of any public road. This shall be accomplished for pitched roofs by placing the equipment on the back half of the building or concealing the equipment within the roof structure, or for flat roofs by a parapet wall. In addition, the penthouse shall generally blend with the design of the building. Parapets shall match the primary building material of the facade below and shall blend with the design of the building in terms of color and scale. All such screening shall be integrated into the building design. b. Ground -Mounted. All ground -mounted mechanical equipment shall be located in the side or rear yard. Screening shall be required for any ground -mounted mechanics equipment generally in the form of a fence, or brick or masonry wall that obscure visibility of the equipment from any street or adjacent phperty. 4. Solar Panel/s and Wind Turbine/s. Renewable energy generation equipment such as solar panels or wind turbine/s (not including their associated mechanical equipment) located on the site shall be architecturally compatible and placed so as to minimize their visual impact from public view. a. Rooftop. All rooftop solar panel/s shall be screened from view. This shall be accomplished for pitched roofs by placing the panels on the back half of the building or concealing the equipment within the roof structure, or for flat roofs by a parapet wall. Parapets shall match the primary building material of the facade below and shall blend with the design of the building in terms of color and scale. All such screening shall be integrated into the building design. In general, rooftop wind turbine/s or solar panels shall be screened from view, which can be accomplished by placing it/them on the back half of the building. When -17- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ES LISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHI ECTURAL AND DESIGN OVERLAY DISTRICT used as a compatible and integral architectural element to a structure, it may be found allowable that they are visible to the public view. Solar panels that are visible to the public view shall be screened in such a way as to minimize glare and reflectance. b. Ground -Mounted. All ground -mounted solar panel/s or wind turbine/s shall be located in the side Cr rear yard. They shall be integrated into the design of the project and shall be of appropriate style and height and compatible with the arch tectural character of the property and the district. Solar panels that are visible to the public view shall be screened in such a way as t minimize glare and reflectance. 5. Outdoor (Exterior) Lighting. pedestrian circulation, buildinc security lighting, shall comply wi Exterior lighting, including vehicular, , landscape, recreation, venue, and h the following standards: a. Compatibility. Light fixtures shall be integrated into the design of the project and shall be of appropriate style and height and compatible with the architectural character of the property and the district. b. Height. Light pole height shall be related to the context and use of the site where they are to be in talled. Generally, light poles shall be no higher than 20' (including the base and the fixture, including finial caps) in commercial areas, and s I all be no higher than 15' (including the base and the fixture, incldding finial caps) along sidewalks and pedestrian areas in mixed use or residential neighborhoods. Athletic field light poles shall be exenipt from this limitation. c. Other Standards. TLZO S4c. 12.11 Outdoor Lighting shall apply except as modified by the st ndards above. 6. Surface Parking Placement/L4cation. Parking areas should be located in the side or rear yard of the bu Iding. Where parking is located in front of a building, it shall be screened behind a minimum four -foot (4') tall masonry wall that is constructed along the public street frontage inside the perimeter parking lot buffer regiired by TLZO Sec. 12.5.3 Parking Lots Adjacent to Public Streets. Th required screening vegetation may be reduced by 40% in such case to accommodate the wall and sustain healthy plant material. -18- AN ORDINANCE: APPROVING TLOA-2020-002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT 7. Screening Walls. Walls used for screening, including walls required by Sec. 7.1.23.A.5.a for parking along public streets, in excess of twenty feet (20') in length shall be articulated, with such features as projections/recessions (such as columns, pilasters, and paneling) and variable colors or details, at leak every twenty feet (20'). The wall shall be capped. 8. Fences. a. Materials and Construction. Fences shall be constructed using traditional design and materials, including wood or metal, and walls shall be made of masonry, except that the Board of Architectural Review may approve other materials that visually approximate the appearance and characterist cs of a traditional material. b. Finished Side Out. The finished side of a fence shall face out from the property with the frame of the fence facing the inside. 9. Accessory Structures. Accessory structures, such as storage sheds or garages, shall be constructed oyt of traditional materials including wood, stone, brick or other historically compatible masonry materials, except that the Board of Architectural Review may approve other materials that visually approximate the approxi ate the appearance and characteristics of traditional materials. An accessory structure shall be compatible with the principle structure on the sit a. Exemptions. The following jtems are not subject to this requirement: i. Play equipment such as tides, swings, climbing bars and similar facilities; and ii. Yard furniture such as chairs, slides and similar items. b. Review Body. Accessory st uctures shall be reviewed as follows: i. 400 Square Feet or Les. Any accessory structure that is 400 gross square feet or I9ss and single story may be reviewed administratively by the Preservation Planner. ii. More than 400 Square Feet. Any accessory structure that is more than 400 gross square feet and/or multistory may be reviewed by the Board of Architectural Review. -19- AN ORDINANCE: APPROVING TLOA-2020-d002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO EST LISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHI ECTURAL AND DESIGN OVERLAY DISTRICT iii. Height and Size. Accessory structures shall meet the setback, height, and size requirements of TLZO Sec. 10.4.5.C.1 Accessory Structures. 10.Journey Through Hallowed Ground. Properties fronting on North King Street and South King Street hall demonstrate consistency with the Journey Through Hallowed Gro nd (JTHG) Master Plan streetscape plan for Leesburg. B. Building Design. 1. Four -Sided Architecture. Any building constructed in the Gateway District shall be characterized bY four-sided architecture. a. Four -Sided Architecture Definition. Design elements on all sides of a proposed building shall be compatible with the primary elevation and shall display a similar level oLf detail and architectural interest utilizing similar building materials an design (see Sec. 7.12.6.C). The primary elevation is defined as any elevation that faces a street (see Sec. 18.1.179 for definition of "str et") or is otherwise intended as the main c entrance elevation of a building (see Sec. 18.1.23 for definition of "building"). b. Blank Walls Prohibited. A "blank wall" is an exterior wall with little or no variation in materials, no defined foundation, or cornice articulation, no window or door openings, or large expanses of unarticulated area. A wall must have articulation consisting of, but not limited to, the following: a foundation, a middle and a cap with at least one type of opening (door or window). c. Landscaping is not Mitigation. Landscaping shall not be accepted as mitigation for a lack of articulation in any wall. 2. Trademark or Corporate Architecture. Leesburg's historic and aesthetic character shall take precedence over trademark or corporate architecture, which, if employed, must be balanced by the appropriate use of traditional materials, colors and architectural character features. Trademark or corporate architecture that is readily identifiable with a franchise or chain business due to its distinctive exterior appearance shall not be permitted unless the Board of Architectural Review determines its elements meet the requirements of the Gateway District and the Design Guidelines. -20- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONINGiORDINANCE AND THE OFFICIAL ZONING MAP TO ESTiABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT a. Color Branding. Color branding, associated with any trademark or corporate design, shall not be permitted in whole roofs, outlines of roofs, cornices or any other building element other than primary door color or signage unless otherwise determined by the Board of Architectural Review to be consistent with the Design Guidelines. 3. Massing. Buildings shall be designed to minimize the impact of their overall mass to provide a human scale. a. Larger Buildings. As the size of a building increases there shall be a corresponding increase in the complexity of the massing. b. Techniques to Refine Building Mass and achieve a Human Scale. To achieve a human scale) and to respect traditional architectural patterns, techniques may include, but shall not be limited to, the following: Changes in horizontal or vertical plane, bay windows, balconies, covered or recessed porches or stoops, porticos, varied wall surfaces, upper -story step -backs, varied heights at regular widths, break up walls by the inclusion of windows and other fagade articulation features 4. Emphasize Primary Building Entrance. The primary entrance(s) shall be clearly identifiable and art culated through the use of materials, canopies, recesses, awnings, transom windows, sidelights, pediments, porticos or other architectural treatments. 5. Materials. All materials, including glass, shall be compatible with the architectural character and history of the Town of Leesburg with an emphasis on traditional materials such as wood, brick or stone. Other materials which visually approximate the appearance, characteristics, and workmanship of traditional building materials may be approved by the Board of Architectural Review. a. Glass. Glass areas shall be clear or lightly tinted. Lightly tinted shall be defined as window tint not containing a metallic material which allows greater than seventy percent (70%) visible light transmission. Highly tinted or mirrored (reflective) glass is not permitted. b. Colors. Colors shall be chosen so that the building function does not function as a sign; this includes colors identifiable with a franchise or chain business. However, such colors may be appropriate for awnings and signs. C. Modifications. Modifications to the requirements of Sec. 7.12.24 Universal Gateway District Standards for a submitted Certificate of Appropriateness application may be approved by the Board of Architectural Review as part of -21- AN ORDINANCE: APPROVING TLOA-2020-d002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHITECTURAL AND DESIGN OVERLAY DISTRICT the Certificate of Appropriateness review process in accordance with the following requirements. 1. Submission Requirements. A modification shall require the following information: a. Written Statement. A en statement that clearly indicates by section and paragraph the odification that is requested and also includes a narrative justifica ion for the modification. An architectural modification request shall inc$lude appropriate building elevations. b. Multiple Modifications. If rrf ultiple modifications are requested, they must be listed in a table to clearly identify the number and nature of the modifications. c. Additional Information. Adcitional information as may be required by the Preservation Planner to povide a comprehensive application given the nature and extent of the odification requested. 2. Approval Criteria. The modification application shall be reviewed by the Board of Architectural Review b sed upon the following criteria: a. Architectural Character. he design of the building shall be in keeping with the expressed urpose of the Gateway District to ensure quality urban design compat ble with the Town of Leesburg's historic and architectural resources. This shall not prevent innovation and creativity in design that is i i keeping with the Gateway District, as determined by the Preservat on Planner or the Board of Architectural Review, as applicable. b. Orientation. The building shall be oriented toward the front sidewalk or street, have a functioning) entrance and enhance the continuity of the pedestrian oriented environment. c. Roof Design. The design df the roof shall be compatible with the character of other buildings along the block and shall meet the base zoning district height requirements. d. Materials. The exterior finis materials shall be compatible with the appearance, characteristics, and workmanship of traditional materials such as wood, brick or stone, similar to those permitted in the district. The intent is to accommodate new technologies and building material while maintaining the desired character of the Gateway District, as defined in Sec. 7.12.1 Purpose. e. Windows. Ground floor windows shall be provided along the front sidewalk to maintain the pedestrian -orientation of the streetscape and -22- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ES1ABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHECTURAL AND DESIGN OVERLAY DISTRICT upper story windows and sh 'll not be incompatible with the rhythm and proportions of windows on other appropriately designed buildings along the block. f. Not to be considered. Eco omic hardship will not be considered a reason for varying from an standard established in Sec. 7.12.24 Universal Gateway District Standards. g. Purpose. The modification l ill not be contrary to the purpose and intent of Sec. 7.12.24 Universal Gateway District Standards. h. Consistency with Town Plans. The modification is consistent with the Comprehensive Plan ancc any Town adopted plans. i. Compensating Features. he modification includes compensating design or architectural featu es that meet the overall objectives of the particular requirement that is being modified. j• Conditions. In approving a modification, the Board of Architectural Review may impose such co ditions regarding location, character and other features as it deems n cessary for the protection of the general welfare and to ensure comp) ance with the intent and objectives of the Gateway District. k. Use of Adjacent Properties. The modification will not hinder or discourage the appropriate development and use of adjacent or nearby land or buildings. 3. Process and Action. Once the modification has been determined to be complete by the Preservation PI nner, the modification shall be processed with the Certificate of Appropriateness Application and shall be transmitted to the Board of Architectural Rev ew for consideration and action. SECTION II. The Official Zoning Map is hereby amended to include the properties or portions of properties as shown on the five segment aps entitled "Gateway District" for East Market Street, West Market Street, North King Stre t, South King Street and Edwards Ferry Road. SECTION III. All prior ordinances in confl ct herewith are hereby repealed. -23- AN ORDINANCE: APPROVING TLOA-2020-0002 AND TLZM-2020-0004 TO AMEND THE LEESBURG ZONING ORDINANCE AND THE OFFICIAL ZONING MAP TO ESTABLISH THE GATEWAY DISTRICT (OVERLAY), AN ARCHIJECTURAL AND DESIGN OVERLAY DISTRICT 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 effdct upon its adoption. PASSED this 28th day of July, 2020. Kelly : ur .i' ayor Town of Leesburg ATTEST: • Clerk of Council LF\LeesburgRMS\Town_Clerk\Ordinances\2020\0728 TLZM-2020-0004 Amendments to the Official Zoning Map and TLOA-2020-0002 Amendments to Article 7 of the Zoning Ordinance to Establish the Gateway D'strict (Overlay)