HomeMy Public PortalAbout1988_08_09_R154RESOLUTION NO.
A RESOLUTION:
PRESENTED August 9, 1988
88-154 ADOPTED August 9, 1988
INITIATING A ZONING ORDINANCE AMENDMENT TO ESTABLISH THE H-2
ARCHITECTURAL CONTROL DISTRICT
WHEREAS, Chis Council recognizes the importance of Leesburg's arterial
entrances to the town's historic district and landmarks; and
WHEREAS, these corridors must be protected from incompatible
architecture and poor design of development contiguous to these traditional
entrances to Leesburg; and
WHEREAS, Section 15.1-503.2 of the 1950 Code of Virginia, as amended,
provides enabling authority for the town to establish architectural control
districts that encompass parcels of land contiguous to arterial streets or
highways found by the Town Council to be significant routes of tourist
access to the town or its designated historic landmarks, buildings,
structures and districts; and
WHEREAS, the regulation of exterior architecture, within the proposed
H-2 architectural control district is in the best interest of the public
necessity,.convenience, general welfare and good zoning practice:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. An amendment to the Leesburg Zoning Ordinance is initiated
to add a new article, to be known as Article 10-B, Historic Corridor
Regulations, to read as follows:
ARTICLE iO-B
HISTORIC CORRIDOR REGULATIONS
Section 10-B-1. PURPOSE AND INTENT
The purpose of these historic corridor regulations is to implement the Town
Plan goal of ensuring quality urban design compatible with Leesburg's
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historic, architectural and tourist resources through architectural control
along the town's arterial routes to the historic district. The protection
of these vital corridors which form the tradional 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 development 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 public health, safety and general welfare of the
citizens of the town.
Section 10-B-2. APPLICABILITY
The regulations contained in this Article shall apply to the Historic
Corridor Architectural Control District established herein.
Section 10-B-3. HISTORIC CORRIDOR ARCHITECTURAL CONTROL DISTRICT CREATED
An Historic Corridor Architectural Control District is hereby established
as an overlay on the official zoning map under authority of Section
15.1-503.2 of the 1950 Code of Virginia, as amended, to be known as the H-2
Architectural Control District with boundaries to include all parcels
contiguous to Route 15, Route 7 and the Route 7/15 by-pass, exclusive of
the H-1 overlay district, and lands within 1,000 linear feet of the
right-of-way centerline along Route 7 from the east corporate limit to the
Route 7/15 by-pass; 500 linear feet of the right-of-way center line along
Route 7 from the Route 7/15 by-pass to the east side of Catoctin Circle
along its intersection with Route 7, East; 300 linear feet from the
right-of-way center line along Route 7 from the west side of Catoctin
Circle at its intersection with Route 7 East to the west corporate limits,
exclusive of lands within the H-1 overlay district; 750 linear feet of the
right-of-way center line along the length of the Route 7/15 by-pass; and
500 linear feet of the right-of-way centerline of Route 15 from the north
corporate limits to the southern corporate limits, exclusive of lands
within the H-1 overlay district. If any part of a structure to be erected,
altered or restored is located within these boundaries, the entire
structure shall be governed by this Article.
Section 10-B-4. APPLICATION TO BOARD FOR H-2 ARCHITECTURAL CONTROL
DISTRICT PERMIT
(a) Board Power to Approve
No structure or building, including signs, located on land
within the H-2 Architectural Control District shall be
erected, reconstructed, altered or restored until the plans for
such shall have been approved by the Board of Architecture Review
(hereinafter referred to as Board) in the form of an issuance of
an Historic Corridor Architectural Control permit as being
architecturally compatible with the historic landmarks,
buildings, structures, and H-1 historic district located within
the town; provided, that the provisions of this article shall not
apply to the regular maintenance of the same as opposed to the
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reconstruction, alteration or restoration.
(b) Definitions
For the purposes of this section changing the exterior color
and/or materials of a structure, building or sign shall be deemed
an alteration and not regular maintenance. For the purposes of
this section a structure shall also include, but not be limited to
outbuildings, fences, walls, lamp posts and light fixtures.
(c) Required contents of applications
When making application for an Historic Corridor Architectural
Control Permit, applicants must submit information for
consideration by the Board, including the following:
(1) all architectural elevations drawn to scale;
(2) site plans;
(3) complete materials list;
(4) photographs or drawings relating the proposed project to
the surrounding streetscape;
(5) proposed colors;
(6) lighting; and
(7) landscaping, when required by Article 9A of this
ordinance.
(d) Waivers of certain requirements
The Land Development Official and/or the Board may at their
discretion waive any of the above requirements deemed not to be
necessary for review of applications for minor alterations,
demolitions or construction of walls and fences.
(e) Signs
When making application for an Historic Corridor Architectural
Control Permit, for signs applicants must submit the following
information:
(1) a scale drawing of the proposed sign;
(2) proposed materials for the sign and its support and the
lighting method to be used;
(3) the style and size of lettering; and
(4) a sketch or photograph showing the proposed location of
the sign on the building or site.
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(f) Historic Corridor Architectural Control Permit
Applications for Historic Corridor Architectural Control Permits
must be made on forms provided by the Zoning Administrator and
must be accompanied by a filing fee as established by resolution
of the Town Council. Complete applications must be submitted at
least 14 days before the scheduled monthly meeting at which
applicants request consideration.
(g) Review of Plans in a Timely Manner
The Board shall vote and announce its decision on any matter
properly before it not later than 45 days after the conclusion of
the public meeting on the matter, unless the time is extended by
mutual agreement between the Board and the applicant or unless as
provided in Section (J) of the article.
(h) Board Actions on Applications
In response to applications for Historic Corridor Architectural
Control Permits, the Board shall approve, deny, or approve in
modified form the applications.
(i) Public Meetings Required
The Board shall meet once monthly to consider applications for
Historic Corridor Architectural Control Permits. The meeting of
the Board shall be open to the public and a full and impartial
hearing shall be granted to the applicant and to any other
interested parties.
(j) Board Authority to Seek Outside Advice
The Board may seek technical advice from outside its members on
any application. If the Board seeks outside advice, the Board
shall provide a copy of the consultant's report to the applicant
and shall render a decision on the application within 90 days from
the date that the complete application was filed.
(k) Form of Decision
Ail decisions of the Board granting or refusing a Historic
Corridor Architectural Control Permit shall be in writing, a copy
of which shall be sent to the applicant and a copy filed with the
Town Office.
(1) Explanation of Disapproval
In the case of denial of an Historic Corridor Architectural
Control Permit, the Board shall state the reasons for such denial
in writing and transmit the written statement to the applicant.
In the statement the Board may make suggestions that would help
the applicant in the resubmission of an application.
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(m) Accurate Drawings of Approved Plans Required
Before issuing permits for any work which has been approved by the
Board, the Zoning Administrator shall require applicants to submit
plans that accurately reflect any changes or conditions imposed by
the Board in its approval of projects.
(n) Conformance with Permit Required
Ail work performed pursuant to issuance of an Historic Corridor
Architectural Control Permit shall conform to the approved plans
and specifications and to any modifications required by the
permit. In the event work is performed not in conformance with
the permit, the Zoning Administrator shall notify the responsible
person or firm in writing of the violation and shall take the
necessary legal steps to ensure that the work is performed in
conformance with the permit.
(o) Permit Void if Construction Not Commenced
An Historic Corridor Architectural Control Permit shall become
void unless construction is commenced within 12 months of the date
of issue.
(p) Change of Plans After Issuance of Permit
Any change in the work plans subsequent to the issuance of an
Historic Corridor Architectural Control Permit shall require
submission of a new application and issuance of a new permit.
(q) Appeals
(1)
Appeals to the Board. The Board shall not hear the
subject matter of any application which has been
denied except in cases where an applicant submits his
application so amended that it substantially addresses
the Board's reasons for denial of the original
application.
(2)
Appeals to the Council. Appeals to the Council from
any final decision of the board of may be made by any
person by filing a petition with the Clerk of Council,
setting forth the basis for the appeal, within 30 days
after the final decision is rendered. The filing of the
petition shall stay the decision of the Board pending
the outcome of the appeal to the Council, except that
the filing of such petition shall not permit any
construction activity which was the subject of the
application on appeal to the Council. The Council may
reverse or modify the decision of the Board in whole or
in part, if it finds upon review that the decision of
the Board is contrary to the law or that its decision is
arbitrary and constitutes an abuse of discretion, or it
may affirm the decision of the Board.
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(3) Appeals to the Circuit Court of Loudoun County.
Appeals to the Circuit Court of Loudoun County from any
decision of the Council may be made by any person by
filing a petition at law, setting forth the alleged
illegality of the action of the Council within 30 days
from the final decision rendered by the Council. The
filing of the said petition shall stay the decision of
the Council pending the outcome of the appeal to the
Court, except that the filing of such petition shall
not permit any construction activity which was the
subject of the application on appeal to the Council.
The court may reverse or modify the decision of the
Council in whole or in part, if it finds upon review
that the decision of the Council is contrary to law or
that its decision is arbitrary and constitutes an abuse
of discretion or it may affirm the decision of
the Council.
Section 10-B-6. DESIGN CRITERIA
The Board and, on appeal, the Town Council shall find that the application
meets all of the following standards and criteria in approving
applications filed under this Article:
(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 good urban design.
(b)
Whether or not the proposed structure, building or
improvement is compatible with existing well designed
structures, acceptable to the Board, in the vicinity of the
proposed structure.
(c)
Whether or not proposed freestanding buildings use the same
or architecturally harmonious materials, color, texture and
treatment for all exterior walls; and in the case of
partially freestanding buildings, whether or not the same or
architecturally harmonious materials, color, texture and
treatment are used on all portions of all exterior walls
exposed to public view.
(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 as
contrasted with engineering standards designed to satisfy
safety requirements only.
(e)
Whether or not, in terms of design, material, texture, color,
lighting, landscaping, dimension, line, mass roof line and
height, the proposed structure, building or improvement is
designed to serve primarily as an advertisement or commercial
display, exhibits exterior characteristics likely to
deteriorate rapidly, would be of temporary or short-term
architectural or aesthetic acceptability, or would otherwise
constitute a reasonable foreseeable detriment to the
attractiveness and stability of the town's historic arterial
corridors.
Section 10-B-7. NO ARCHITECTURAL STYLE TO BE REQUIRED
The Board and, on appeal, Town Council shall not adopt or impose any
specific architectural style in the administration of this Article.
SECTION II. The Planning Commission shall report its recommendations
to the Town Council on the proposed amendment within 45 days following its
receipt of the proposed legislation.
PASSED this 9th day of August
, 1988.
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Ro err E. ffevila~ Mayor
Town of Leesburg
ATTEST:
Clerk of ~uncil