HomeMy Public PortalAbout2020_12_08_O017 TLOA-2020-0008 Vending Kiosk Zoning Text Amendment The Town of
Leesburg,
Virginia PRESENTED: December 8, 2020
ORDINANCE NO. 2020-0-017 ADOPTED: December 8, 2020
AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING
ORDINANCE ARTICLES 9 AND 18 TO INCLUDE NEW USE
STANDARDS FOR VENDING KIOSKS
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, these proposed amendments were identified in the 2017 Annual Zoning
Batch Amendments; 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, on October 27, 2020 the amendments for Vending Kiosks were remanded
back to the Planning Commission; and
WHEREAS, at their November 19, 2020, 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 December 8, 2020; 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
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING
ORDINANCE ARTICLES 9 AND 18 TO INCLUDE NEW USE
STANDARDS FOR VENDING KIOSKS
THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That Section 9.4 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. 9.4 Accessory Uses
9.4.9 Vending Kiosk
A. Description. A vending kiosk is an enclosed accessory retail structure
subordinate to other permitted principal uses on the property in the
following districts: B-3 (Community Retail/Commercial District), B-4 (Mixed-
Use Business District), CD-C (Crescent Design-Commercial), CD-CC
(Crescent Design-Commercial Corridor), CD-MUO (Crescent Design-Mixed
Use Option, and PRC (Planned Residential Community).
B. Performance Standards. A Vending Kiosk is subject to the following
performance standards:
1. By Right. The total number of vending kiosks shall not exceed a
maximum of eight (8) for a single unified development containing a
minimum of 500,000 square feet of gross floor area.
2. Special Exception. A special exception shall be required for more than
eight (8) vending kiosks for a single unified development containing a
minimum of 500,000 square feet of gross floor area.
3. Individual vending kiosks shall not exceed more than 250 square feet in
size, nor exceed 10 feet in height.
4. Vending Kiosks are prohibited within parking facilities.
5. Vending Kiosks shall maintain an adjacent pedestrian path of no less
than six feet (6') and shall not create obstructions to pedestrian paths as
depicted on the approved site plan for the entire property.
6. Vending Kiosks shall only operate during the normal business hours of
the shopping center in which they are located.
7. Vending Kiosks shall not be connected to public water and sewer.
8. Vending Kiosks shall be required to obtain all necessary Heath
Department permits and display them in a prominent location.
9. Written consent of the shopping center management or property owner,
a Town of Leesburg Zoning Permit, and a Town of Leesburg Business
License shall be required to operate the Vending Kiosk.
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AN ORDINANCE: AMENDING THE TOWN OF LEESBURG ZONING
ORDINANCE ARTICLES 9 AND 18 TO INCLUDE NEW USE
STANDARDS FOR VENDING KIOSKS
10.The Zoning Permit shall include a scaled drawing of the shopping center
depicting the location of the Vending Kiosk.
11.Vending Kiosks may be permitted one attached non-illuminated sign no
greater than 9 square feet in size.
12.Additional lighting or sound amplification is prohibited.
SECTION II. 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.
SECTION IV. This ordinance shall be in effect upon its passage.
PASSED this 8th day of December, 2020.
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Kelly urkJC`M yor ~
Town of Leesburg
ATTEST:
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Clerk of Council
LF\LeesburgRMS\Town_Clerk\Ordinances\2020\1208 TLOA-2020-0008 Vending Kiosk Zoning Text Amendment