HomeMy Public PortalAbout1990_06_27_R146R~OLUTION NO.
A R~OLUTION:
90-146
I1NrfI~G AM~NDM~NT~ TO
REGARDING CONDOMINIUMS
PRESENTED June 27, 1990
ADOPTED June 27, 1990
THE LEESBURG ZONING
ORDINANCE
WHEREAS, currently the Town does not have regulations applicable to condomlni-ms and/or
condomini-m conversions, and
WHEREAS, Sections 55-79.43 and 55-79.94(e) and (f) of the 1950 Code of Virginia, as amended,
permit localities to adopt condominium regulations and such regulations govern the informstion that can
be required when reviewing condomini,,mm~ and
WHEREAS, these amendments are necessary to promote the public health, safety and general
welfare and to facilitate the creation of a harmonious community:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
SECTION I. Two new amendments to the Leesburg Zoning Ordinance are hereby initiated as shown
belov~..
Section 7A-12. CONDOMINIUM, GENERALLY
Information Filing Required. The declarant of a
condominium development or conversion condominium in the
Town shall file with the Land Development Official~ copies
of all information otherwise required to be filed by. such
declarant with any and all appropriate departments, agencies
and offices of the Commonwealth of Virginia and such filing
with the Land Development Official shall be done
simultaneous with such other filing required by the
Commonwealth.
Proposed conversion condomini-ms and the use thereof~ which
do not conform to the zoning, shall secure a special exception~
prior to such property becoming a conversion condomini-_m~
A request for such a special exception could only be approved,
if the applicant can demonstrate to the reasonable satisfaction
of the Town Council that the nonconformities are not likely to
be adversely affected by. the proposed conversion.
Section 7A-13. CONDOMINIUM CONVERSIONS
For the purpose of this section "elderly" means a person not less than 62 years
old and "disabled" means a person suffering from a severe~ chronic physical or
mental impairment which results in substantial functional limitations.
A RESOLUTION:
-2-
INITIATING AMENDMENTS TO
REGARDING CONDOMINIUMS
THE LEESBURG ZONING
ORDINANCE
Offer of Lease to Elderly and Disabled Tenants Required.
The declarant of a conversion condominium in the Town shall
simultaneous with giving tenants such notice of conversion as
is required by applicable provisions of the Code of Virgini~ offer
elderly and disabled tenants occupying as their residence at that
time, apartments or units in the proposed conversion
condominium leases or extensions of leases on the apartments
or units they then occupy or other apartments or units of equal
size and overall q,mlity.
Offers of leases or extensions of leases required by this
section shall include no more than twenty percent (20%) of
the apartments or units in the proposed conversion
condominium and shall be offered for a term of three (3)
years. Such offers of leases or extensions of leases shall not
apply to apartments or units which ~ in the course of
conversion~ be substantially altered in the physical layout,
restricted exclusively to nonresidential use or rendered legally
uninhabitable because of renovations or rehabilitation which
the declarant intends in good faith to perform.
SECTION II. The Planning Commission shall conduct a public hearing and reports its
recommendations on the proposed omendments to the Town Council within 60 days of the adoption of
this resolution.
PASSED this 27th day of June
,1990.
Robert E. Sevila, Mayor
Town of Leesburg
ATTEST:
Clerk of Council