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¥.