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HomeMy Public PortalAbout1989_07_25_R143Leesl~urg in ~rirginia RESOLUTION NO. 89-143 PRESENTED July 25, 1989 ADOPTED July 25, 1989 A RESOLUTION: APPROVING INITIAL REVISIONS TO THE PROPOSED LEESBURG COMMERCIAL ZONING DISTRICT REGULATIONS WHEREAS, this Council established an ad hoc citJzens advisory committee to assist with the review of the proposed consolidated commel'c~] zoning district regulations on July 11; and WHEREAS, the draft ordinance was the subject of a public roundtable meeting on June 24, 1989, with over 100 persons in attendance; and WHEREAS, additional comments and suggestions were heard at that meeting, which the Council considered at its Planning & Zoning Committee meeting on July 19, 1989; and WHE~, this Council wishes to form.lly address those comments as summarized in a memorandum to the Council on July 17, 1989: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The attached list of amendments and deletions to the proposed commercial district regulations is approved for incorporation in the transmittal of the draft zoning ordinance amendments to the Citizens Advisory Committee on the Proposed Commercial District Regulations and shall be made a part of the July 25, 1989, draft under their review. PASSED this 25th day of July 1989. Robert E. Sevila, Mayor Town of Leesburg ATTEST: in-rev July 21, 1989 ERRATA At its meeting on July 25, the Town Council recommended the following changes to the Draft Zoning Ordinance Amendments, 1989 (July 1989): · Amend Category 4 - Commercial uses, Standards for Service Stations as follows: Service stations shall not be used for the performance of major repairs and shall not include the outdoor storage e~ o__f more than two (2) abandoned, wrecked or inoperable vehicles on the site for more than one week, subject to the limitation that there shall be no dismantling, wrecking, or sale of said vehicles or part(s) thereof. In addition, in no event shall any one abandoned, wrecked or inoperable vehicle be stored outdoors for a period exceeding one week. Outside sales and display areas shall be shown on the plan to be reviewed by the Planning Commission and the Council. · Revi~ a portion of Section D of the Special Exception section as follows: (6) Public Hearing by Town Council. A ,:--Ak~ ~a&~.a'~ 1~'1 °'~*",,,~ 5~ o~t for ~ _A public hearing by the Town Council shall be held within ninet7 da~ of receipt of a complete application. (7) Planning Commission Recommendation. The Planning Commission shall forward the proposed special exception to the Council together with it~ recommendation(s) and a statement fully setting forth its reasons for such recommendation(s) prior to the Town COuncil Public Hearing. A A A ~ · _-~_ · Town Council Action. The Town Council shall take action to approve, approve with eonditious or deny the application within sixty days after the public hearing. (9) Reapplication. No application for a special exception use which had been denied wholly or in part by the Town Council shall be resubmitted until the expiration of one year or more from the date of such depiAl~ except on grounds of newly discovered evidence or proof of changed conditions found to be sufficient by Town Council to justify consideration by the Town Council. (10) Amendment. An amendment is a request for any enlargement, expansion, increase in intensity, relocation or modification of any previously approved and currently valid special exception use or condition thereof. The application and review process of an amendment of a special exception shall be the same as specified for the approval of the original exception. The Land Development Official may waive any submission requirement deemed not necessary for an adequate review of the application. (11) Termination or Revocation. A special exception use shall be deemed terminated or revoked upon the occurrence of any of the following conditions: Non-Use. If the special exception use approved by the Town Council has not commenced within two years of the approval date, the approval shall become null and void. Cessatiom If a special exception use should cease for any reason for a continuous period of two years or more, the special exception shall automatically terminate SUGGESTED "GRANDFATHERING" PROVISION FOR PROFFERED ZONING AND SPECIAL EXCEPTION USES Where there is a land use which was g ...... ~ approved prior to the adoption of this ordinance by the town pursuant to a rezoning application, which resulted in approval with proffers submitted pursuant to Virginia statute (or a proffered zoning referred to in the 1983 county/town annexation agreement) or for a special exception application which resulted in approval with conditions and there is a conflict between Articles #A or 4A of this ordinance and the proffered conditions or specifsl exception conditions, the latter conditions shall goverm Notwithstanding the foregoing, the development of land subject to this provision shall comply with any applicable subdivision and land development regulations, architectural control regulations or any other applicable zoning or development regulations in effect at the time of site plan or subdivision approval. Any use which legally existed prior to the effective date of this ordinance and is e!~ssified as a special exception use shall hereafter be considered as a pcr--...-'.ttcd permi~ible use, which may not be structurally altered or enlarged, or extended unless application for a special exception is filed and approved for the proposed change in accordance with this ordinance. Notwithstanding the above, if the structure is destroyed or damaged, the structure may be rebuilt under the same, slmila~, or different design, without a special exception application or approval under this ordinance, as long as the lot, height and y~d and other applicable requirements of the zoning ordinance are met and that the gross tag 't~ '- .... : ...... ~ ..... square foo e of the structure is not increased thc c~cn~ c$ ncn ccr~c~ ~-act~-c cr '~c "~~c beyond any existing at the time of adoption of this ordinance. Other appropriate approvals under the subdivision and land development regulations and all other development regulations shall ~' ...... :--a aoDl¥.