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
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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
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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
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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
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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,
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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.
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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]
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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)