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Home My Public Portal About2020_10_27_O016 TLOA-2017-0006, Zoning Ordinance Batch Amendments The Town of Leesburg, Virginia PRESENTED: October 27, 2020 ORDINANCE NO. 2020-0-016 ADOPTED: October 27, 2020 AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE ARTICLES 2, 3, 5, 6, 7, 9, 11, 15,AND 18 AS PART OF THE 2017 ANNUAL `BATCH" AMENDMENTS WHEREAS, the Department of Planning and Zoning has developed a regular process and schedule for maintaining the Town's Zoning Ordinance for the purpose of making minor changes resulting from implementing Town Plan goals and objectives, annual state mandated legislative changes, and the correction of errors, inconsistencies or problems discovered in the day-to-day administration of the Zoning Ordinance; and WHEREAS, on August 8, 2017, the Town Council initiated amendments to the Town of Leesburg Zoning Ordinance by adopting Resolution No. 2019-122; and WHEREAS, a duly advertised Planning Commission public hearing was held on these amendments on December 19, 2019; and WHEREAS, at their December 19, 2019, meeting, the Planning Commission recommended approval of these amendments to the Zoning Ordinance to the Town Council; and WHEREAS, the Town Council held a duly advertised public hearing on these amendments on January 14, 2019; and WHEREAS, the Council has concluded that the approval of these amendments to the Zoning Ordinance would be in the public interest and in accordance with sound zoning and planning principles; and THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as follows: -2- AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE ARTICLES 2, 3, 5, 6, 7, 9, 11, 15, AND 18 AS PART OF THE 2017 ANNUAL `BATCH" AMENDMENTS SECTION I. That the Section 2.3.4 of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: Sec. 2.3 Board of Architectural Review 2.3.4 Required Qualifications Qualified and acceptable candidates shall demonstrate an interest, competence, or knowledge in historic preservation, and a majority of the Board of Architectural Review members shall have professional training or equivalent experience in historic preservation, history, architectural history, archaeology, or planning. In addition, Aat least one member of the Board of Architectural Review shall be an architect who meets one or more of the following qualifications: 1) has received a professional degree in architecture from an accredited academic institution with at least two years of full-time experience in architecture, or 2) is currently licensed to practice architecture in Virginia or another state. All persons appointed to the Board of Architectural Review shall be bona fide residents of the Town of Leesburg and shall have a demonstrated interest in and knowledge of the history of the community.-with the following exception: one member of the Board may, at the discretion of the Town Council, be appointed to the Board as a non-resident property owner provided that said member owns at least a parcel of land in the H-1 Old and Historic Overlay District. SECTION H. That Section 9.3 of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended,be and the same is hereby amended to read as follows: Sec. 9.3 Use Standards 9.3.11.2 Homestav A. Description. A homestay, or temporary short-term lodging, is the use of a residential dwelling, in whole or in part, intended for transient lodging in exchange for a fee. This use is not considered an accessory dwelling unit, bed and breakfast, commercial inn, dormitory, hotel/motel, or tourist home. B. Performance Standards. A Homestav shall be registered through a Home Occupation Permit, subject to the following performance standards: 1. A homestay shall be operated by a resident-owner. The resident-owner shall provide written proof of ownership and permanent residency as verified by a valid driver's license, U.S. passport, voter's registration card, or other sufficient documentation as determined by the Zoning Administrator. 2. An Authorized Agent must be designated as a point of contact who is available in person or by phone during the operation of the homestay. The resident-owner shall be notified in writing of failed attempts to receive timely responses from the authorized agent. Failure to respond in a timely manner shall result in a zoning complaint subject to penalties in this section. 3. The Home Occupation Permit authorizing a homestav use will remain valid from January 1, (or other such date during the calendar year in which such permit is -3- AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE ARTICLES 2, 3, 5, 6, 7, 9, 11, 15, AND 18 AS PART OF THE 2017 ANNUAL `BATCH" AMENDMENTS issued) through December 31 of the calendar year in which the permit was issued. During this validity period, the resident-owner must occupy the dwelling as his/her residence for more than one hundred and eighty (180) days. 4. The maximum number of lodgers per night shall not exceed six (6). This number shall be reduced to conform to the occupancy requirements of the Virginia Uniform Building Code. 5. The Home Occupation permit shall identify the location of all required on-site parking. Homestays shall not include more than two (2) parking spaces which shall be located on the subject property. On-street parking shall not be used d to satisfy the parking requirements for a homestay use. 6. A homestay shall be subject to an inspection once a calendar year to verify that the homestav is being operated in accordance with the regulations set forth in this section. 7. The resident-owner of a homestay shall obtain and maintain a Town of Leesburg Business License. 8. There shall be no evidence or indication visible from the exterior of the dwelling that the dwelling is being utilized in part or in whole for any purpose other than residential occupancy. 9. A homestav shall not be permitted within an accessory structure. 10.A homestay may not have any exterior signage. C. Revocation. A homestav Home Occupation Permit may be revoked by the Zoning Administrator, or designee, for the following reasons: 1. In the event of three (3) or more substantiated zoning complaints are received within a calendar year;or 2. Authorized agent's failure to respond in a timely manner more than twice. A timely manner is defined as within 48 hours. 3. Failure to maintain compliance with any of the regulations set forth in this section; or 4. Failure to request the required inspection within fifteen (15) months of the previous inspection. 5. A resident-owner whose Homestav Home Occupation Permit has been revoked pursuant to this paragraph shall not be eligible to receive any new Home Occupation Permit for homestay use for the remaining portion of the calendar year in which the permit was revoked, and for the entire following calendar year. D. Penalties. Failure to register the homestay use shall result in penalties as described in Sec. 17.2.2.E 'Civil Violations and Penaltiesl. Unless and until the resident-owner pays the penalty and registers such use, the unregistered homestay use shall be immediately terminated. SECTION III. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of this ordinance. -4- AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING ORDINANCE ARTICLES 2, 3, 5, 6, 7, 9, 11, 15, AND 18 AS PART OF THE 2017 ANNUAL `BATCH" AMENDMENTS SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 27th day of October, 2020. Ke 117Vy Mirk, /yor Town of Leesburg ATTEST: l" e .. Clerk of Council LF\LeesburgRMS\Town_Clerk\Ordinances\2020\1027 TLOA-2017-0006,Zoning Ordinance Batch Amendments