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Home My Public Portal About2020_10_27_R109 CARES Act - Tent and Heater Grant Program – Temporary Modifications Zoning Ordinance The Town of Leesburg, Virginia PRESENTED: October 27, 2020 RESOLUTION NO. 2020-109 ADOPTED: October 27, 2020 A RESOLUTION : AMENDING TEMPORARY MODIFICATIONS OF ZONING ORDINANCE REGULATIONS FOR TEMPORARY OUTDOOR DINING AREAS FOR EATING ESTABLISHMENTS TO PROMOTE SOCIAL DISTANCING DURING RECOVERY FROM THE COVID- 19 PANDEMIC WHEREAS, on May 26, 2020, by Resolution No. 2020-067, Council adopted certain temporary modifications to the Town of Leesburg Zoning Ordinance provisions regulating outdoor dining areas for eating establishments in order to promote social distancing during Phase 1 recovery from the COVID-19 Pandemic (the "Pandemic"); and WHEREAS, on July 14, 2020, by Resolution No. 2020-074 Council extended and clarified the temporary modifications to the Town of Leesburg Zoning Ordinance implemented in Resolution No. 2020-067; and WHEREAS, the public health crisis resulting from the Pandemic has continued, and it is reasonably foreseeable that it will continue within the Commonwealth, the County, and the Town through late fall 2020 and winter 2020-2021; and WHEREAS, the Town of Leesburg Continuity of Government Ordinance adopted April 3, 2020, and renewed on September 8, 2020 by Ordinance No. 2020-0-014, authorizes the Town Manager and the Town Council to take certain temporary actions to address the coronavirus emergency, including action to: waive or reduce fees;waive enforcement, in whole or in part, of any Town Ordinance; modify, limit, waive, suspend, or amend any Town program, service, function, process, or procedure deemed non-essential; and WHEREAS, the Town of Leesburg continues to seek to be proactive in providing economic support to the business community within the Town by allowing Eating -2- A RESOLUTION: AMENDING TEMPORARY MODIFICATIONS OF ZONING ORDINANCE REGULATIONS FOR TEMPORARY OUTDOOR DINING AREAS FOR EATING ESTABLISHMENTS TO PROMOTE SOCIAL DISTANCING DURING RECOVERY FROM THE COVID-19 PANDEMIC Establishments to take advantage of opportunities to promote Temporary Outdoor Dining Areas; and WHEREAS, amending the conditions applicable to Temporary Outdoor Dining Areas to allow for tents with sides will allow Eating Establishments to continue to take advantage of Temporary Outdoor Dining Areas in cold or inclement weather; and WHEREAS, the Town Council has determined that as amended in this Resolution, the temporary measures adopted by Resolution No. 2020-067, and extended and clarified in Resolution No. 2020-074, will continue to serve the public necessity, convenience, general welfare and good zoning practice during the Pandemic. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. Effective immediately, the temporary use conditions applicable to Temporary Outdoor Dining Areas, as set forth in Resolution 2020-074, shall be amended as follows: 1. Applicability: A Temporary Use Permit may be issued only to existing Eating Establishments to permit a Temporary Outdoor Dining Area for which no Zoning Permit has been issued as required in Zoning Ordinance Section 3.7.1 (When Permits Required). 2. Application Form: Temporary Outdoor Dining Areas shall be subject to a Temporary Use Permit and Use Exhibit. 3. Application Fees: There are no application fees for this Temporary Use Permit application. 4. Use Exhibit: The Use Exhibit (the "Exhibit") shall demonstrate the following: -3- A RESOLUTION: AMENDING TEMPORARY MODIFICATIONS OF ZONING ORDINANCE REGULATIONS FOR TEMPORARY OUTDOOR DINING AREAS FOR EATING ESTABLISHMENTS TO PROMOTE SOCIAL DISTANCING DURING RECOVERY FROM THE COVID-19 PANDEMIC a. Use Limitations: (i) The seating capacity of a Temporary Outdoor Dining Area shall be limited as required by applicable Executive Orders as required by Section 8 hereof. fill The seating capacity of a Temporary Outdoor Dining Area shall be limited to no more than 50% of the occupancy load on the Certificate of Occupancy, while maintaining a minimum of six feet of physical distancing between tables. However, a Temporary Outdoor Dining Area zoned B- 1/H-1 is exempt from this requirement. (iii)A photocopy or photo of the Occupancy Certificate depicting the occupancy load shall be included with the Temporary Use Permit Application. b. Location Requirements: A Temporary Outdoor Dining Area must be located on existing hard surfaces, and shall not consume more than 50% of existing on-site parking facilities as qualified below. c. Seating Diagram: The Exhibit shall include a diagram that depicts the arrangement of tables and the number of associated seats. d. Parking Requirements: In lieu of the parking requirements of Zoning Ordinance Section 11.3 (Number of Parking Spaces Required), parking for a Temporary Outdoor Dining Area shall be based on the number of proposed outdoor seats at a ratio of one (1) space for every four (4) seats. The Exhibit shall include the calculation of the maximum number of seats and the resulting required parking spaces. However, a Temporary Outdoor Dining Area zoned B-1/H-1 is exempt from this requirement. e. Parking Provided: If applicable, the Exhibit shall demonstrate how required parking for Temporary Outdoor Dining Areas is provided on-site. Existing ADA spaces and access aisles shall be maintained. Temporary Shared Parking Agreements (the "Agreement") may be used to satisfy required outdoor seating parking. The Agreement must be in the form of a notarized -4- A RESOLUTION: AMENDING TEMPORARY MODIFICATIONS OF ZONING ORDINANCE REGULATIONS FOR TEMPORARY OUTDOOR DINING AREAS FOR EATING ESTABLISHMENTS TO PROMOTE SOCIAL DISTANCING DURING RECOVERY FROM THE COVID-19 PANDEMIC document between property owners, and shall be provided with the Temporary Use Permit application. f. Emergency Access: The Exhibit shall demonstrate that appropriate fire and emergency access is maintained. g. Tents: The use of tents is permitted, but shall be limited to one (1) each tent of shall be less than 900 square feet; tents may not have sides must comply with applicable requirements of the Loudoun County Building Department, Fire Marshal, and Health Department. Tents shall be depicted on the Exhibit. h. Heaters: All heating units used in a Temporary Outdoor Dining Area must comply with applicable requirements of, and regulations administered by, the Loudoun County Fire Marshal, including but not limited to the Statewide Fire Code. 5. ADA Compliance: It is the applicant's responsibility to comply with all applicable ADA requirements. 6. Beverage Control: Temporary Outdoor Dining Areas shall be subject to applicable Virginia Alcoholic Beverage Control regulations. 7. Noise Ordinance: Temporary Outdoor Dining Areas shall be subject to the Town Noise Ordinance. 8. Compliance with Executive Orders:The holder of a Temporary Use Permit must comply at all times with all applicable Executive Orders of the Governor of Virginia, whether issued before or after issuance of the Temporary Use Permit, as they may be amended by the Governor from time to time. In the event of any conflict between the terms of the Temporary Use Permit and the terms of any applicable Executive Order, the Executive Order shall control. 9. Enforcement: It is the applicant's responsibility to comply with the Temporary Use Permit's conditions of approval.Noncompliance with the conditions of approval shall be enforced through Zoning Ordinance Article 17 (Enforcement and Penalties). -5- A RESOLUTION: AMENDING TEMPORARY MODIFICATIONS OF ZONING ORDINANCE REGULATIONS FOR TEMPORARY OUTDOOR DINING AREAS FOR EATING ESTABLISHMENTS TO PROMOTE SOCIAL DISTANCING DURING RECOVERY FROM THE COVID-19 PANDEMIC 2. All other provisions of Resolution 2020-074 shall remain in full force and effect. 3. All Temporary Use Permits previously issued in accordance with Resolution 2020- 067 or Resolution 2020-074 shall be subject to the conditions applicable to Temporary Outdoor Dining Areas as set forth herein, and shall in all other respects be governed by the provisions of Resolution 2020-074. 4. Applicable requirements of the Town of Leesburg Zoning Ordinance and of all applicable Town ordinances are waived or modified only to the limited extent described in Resolution 2020-074, as amended by this resolution, and shall remain in full force and effect in all other respects. PASSED this 27th day of October, 2020. 6,4_4_ Kelly B.rk, ►•Fyor Town of Leesburg ATTEST: (aze:46440,.. Clerk of Council LF\LeesburgRMS\Town_Clerk\Resolutions\2020\1027 CARES Act-Tent and Heater Grant Program—Temporary Modifications Zoning Ordinance