Loading...
HomeMy Public PortalAbout2011_05_24_R064 - Initiating Amendment to Allow Exemption for Accessory StructuresThe Town of Leesburg, Virginia PRESENTED May 24, 2011 RESOLUTION NO.: 2011 -064 ADOPTED May 24, 2011 A RESOLUTION: INITIATING AN AMENDMENT TO EXEMPT CERTAIN SMALL, UNFIXED STRUCTURES FROM HAVING TO OBTAIN ZONING PERMITS AND /OR CERTIFICATES OF APPROPRIATENESS, WHEN APPLICABLE WHEREAS, Town of Leesburg Zoning Ordinance Section 3.7.1 When Permits Required requires no structure be constructed in the Town until an application is made and a zoning permit issued by the Zoning Administrator; WHEREAS, Zoning Ordinance Sections 3.10.1 and 7.5.5 both require that prior to construction of a structure within the H -1 Old and Historic District a Certificate of Appropriateness must be issued by the Board of Architectural Review; WHERAS, Zoning Ordinance Section 18.1.180 defines Structure as "[A]nything constructed or built for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water including, among other things, buildings, ...gospel and circus tents, platforms, stagings, trestles,... open sheds, shelters, walls, WHEREAS, Town Council sees that certain small, unfixed structures might be exempt from having to obtain a Zoning Permit per Section 3.7.1 or a Certificate of Appropriateness per Sections 3.10.1 and 7.5.5, when applicable, on the basis of the small size, low height above the ground, materials and method of construction and /or the structure's visibility from a public street; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the proposed amendments. -2- RESOLUTION: INITIATING AN AMENDMENT TO EXEMPT CERTAIN SMALL, UNFIXED STRUCTURES FROM HAVING TO OBTAIN ZONING PERMITS AND /OR CERTIFICATES OF APPROPRIATENESS, WHEN APPLICABLE as follows: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia SECTION I. Amendments to the Zoning Ordinance are hereby initiated and referred to the Planning Commission to consider whether thresholds can be established under which a small, unfixed structure of certain size, height above the ground, materials or method of construction and visibility from off site can be permitted without issuing a Zoning Permit per Section 3.7.1 or a Certificate of Appropriateness per Sections 3.10.1 and 7.5.5, when appropriate. SECTION II. The Planning Commission shall hold a public hearing to consider these amendments to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to Chapter 22, Title 15.2 -2204 of the 1950 Code of Virginia, as amended. PASSED this 24 day of May, 2011. P:\Resolutions\Resolutions 2011 \0524 Initiate Unfixed Structures Exemption.doc C. mstattd, Mayor Town of Leesburg