Leesburg City Zoning Code

As the name implies, overlay districts work in combination with underlying base district zoning regulations (R, O, B, I or M Districts) to impose additional requirements and standards on specific property. These additional standards only apply within the limits of the overlay district. Overlay zoning districts are established in accordance with the rezoning procedures applicable to any other zoning district (See Sec. 3.2).

Effective on: 1/1/1901

Special purpose zoning districts are established to accommodate highly-specialized or unique uses and development types. Special purpose zoning districts are not overlay districts; they are base zoning districts. Such districts are established in accordance with the rezoning procedures applicable to any other zoning district (See Sec. 3.2).

Effective on: 1/1/1901

The MC, Medical-Hospital Center District is established to provide areas for specific medical land uses and related facilities and institutions of higher learning. District development should be planned, constructed and managed on an integrated and coordinated basis.

Effective on: 1/1/1901

Uses are allowed in the MC District in accordance with the following table. A “P” in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An “S” in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4.

Effective on: 1/1/1901

All development in the MC District shall be subject to the following Density/Intensity and Dimensional standards:

Effective on: 1/1/1901

The GC District provides the opportunity for governmental and institutional entities to locate throughout the corporate limits and establish specific site design criteria through the rezoning process which may include the architectural design, parking requirements, landscaping and buffering standards to minimize any potential intrusion on adjoining properties.

Effective on: 1/1/1901

Uses are allowed in the GC District in accordance with the following table. A “P” in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2.

Effective on: 1/1/1901

All development in the GC District shall be subject to the following Density/Intensity and Dimensional standards:

Effective on: 1/1/1901

The MA District provides the opportunity for the Leesburg Executive Airport to develop in conformance with the established Airport Master Plan (AMP) and Airport Layout Plan (ALP). The AMP and ALP control the physical development of the airport facilities and related parking needs of the facility and are subject to Town Council approval and endorsement by the Virginia Department of Aviation and the Federal Aviation Administration (FAA). Accordingly, the MA District acknowledges the physical constraints of the existing airport location and the necessity of providing adequate support facilities.

Effective on: 1/1/1901

Uses are allowed in the MA District in accordance with the following table. A “P” in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An “S” in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2.

Effective on: 1/1/1901

All development in the MA District shall be subject to the following Density/Intensity and Dimensional standards:

Effective on: 1/1/1901

The purpose of these H-1 Overlay District regulations is to carry out the Town Plan goal of protecting the Old and Historic District and individual historic landmarks, not only for their own value as community resources, but also because of their contribution to the town's unique character; to encourage the protective maintenance of historic structures; to protect, enhance and perpetuate such buildings, structures, and landscape features which represent elements of the town's cultural, social, economic, political and architectural history; to stabilize and improve property values; to foster civic pride in the town's past; to protect and enhance the town's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; to strengthen the economy of the town; and to promote the use of historic districts and historic resources for the education, pleasure and welfare of the people of the town.

Effective on: 1/1/1901

These regulations shall apply to the H-1 Overlay District as defined in Sec. 7.5.3 and to all areas or places heretofore designated by the Town Council as historic districts or landmarks. The restrictions and requirements of this section shall be in addition to other restrictions and requirements provided in this Zoning Ordinance. The regulations of this section apply to all property, including any improvements and modifications to such property, located within the boundaries of the H-1 Overlay District.

Effective on: 1/1/1901

A historic conservation district is hereby created within the town as an overlay on the Official Zoning Map under authority of Section 15.2-2306 of the Code of Virginia, 1950 as amended, to be known as the H-1 Overlay, Old and Historic District which includes the original boundaries shown on a map designated “Gray's New Map of Leesburg” drawn from the special surveys in the year 1878 as hereby amended and described as follows:

Beginning on the east at the intersection of Loudoun and Market Streets and running northeast parallel to Church Street to the intersection of a line in projection of North Street; thence northwest in a straight line to and along North Street to the intersection of Church Street; thence northeast in a straight line parallel to King Street to the intersection of a line in projection of Union Street; thence in a straight line northwest to and along Union Street to the intersection of a line in extension of Liberty Street; thence southwest in a straight line to the intersection of Liberty and North Streets; thence northwest in a straight line in extension of North Street until intersecting a line in projection of Ayr Street; thence southwest to and along Ayr Street to a point on the east right-of-way of Dry Mill Road; thence right along the curb of said right-of-way having a radius of 225.43 feet to the center of the Town Branch; thence along the Town Branch S 41o 10' 41” E to the projection of Ayr Street, thence southwest along the projection of Ayr Street 100 feet; thence in a straight line in extension of South Street southeast to Town Branch; thence S 36o 10' 42” E along Town Branch to the Washington and Old Dominion Trail; thence paralleling the trail and Town Branch 594.12 feet along a curve to the right having a radius of 3646.36 feet to the extension of the western right-of-way of Liberty Street; thence N 22o 45' 00” E to the intersection of a projection of South Street; thence in a straight line in extension of South Street southeast to a point 200 feet west of King Street, still on an extension of South Street; thence in a straight line southwest parallel to King Street to a point 500 feet south of the railroad; thence east across King Street in a straight line parallel to South Street for 1700 feet; thence northeast in a straight line parallel to King Street to the intersection of Loudoun and Market Streets, to also include properties at 406 through 418 South King Street and 420, 422, 423, 424 and 426 through 432 South King Street; 216 and 226 Edwards Ferry Road ; 305 through 430 West Market Street; 6 Wilson Avenue, N.W., 10, 14, 18 and 102 Morven Park Road, N.W. and 9 and 21 Ayr Street, N.W. and 302-334 Loudoun Street, S.W. (inclusive of even numbered addresses only), 106 Morven Park Road, N.W., 380 Rock Spring Drive, S.W., 329 Loudoun Street, S.W., the 8.05-acre Allman tract on South King Street, Dodona Manor at 217 Edwards Ferry Road, N.E., the 16.24-acre Paxton Property (Carlheim) at 420 Wildman Street, N.E., the 12.65-acre portion of the Rogers Farm Property at 440 Dry Mill Road, S.E., and the 0.84 acre property at 20 Union Street NW.

Effective on: 1/1/1901

The Board of Architectural Review shall meet at least once monthly to consider applications for Certificate of Appropriateness. The meeting of the Board of Architectural Review shall be open to the public and a full and impartial hearing shall be granted to the applicant and to any other interested parties.

Effective on: 1/1/1901

Within the H-1 Overlay District, no building or structure (defined for the purposes of this section as anything man-made, including but not limited to outbuildings, fences, walls, lamp posts, light fixtures, signs, signposts, driveways, walkways and paving) shall be altered in any of the following ways unless a Certificate of Appropriateness has been issued by the Board of Architectural Review in accordance with the procedures of Sec. 3.10), or by the Preservation Planner in accordance with Sec. 7.5.6. The regulations below apply to both public and private structures and facilities.

1. A.
   Site Improvements.  Including but not limited to removal, enlargement, or reconstruction of: driveways, walkways, and other paving; lampposts and landscape lighting; fences and walls; gazebos and pergolas.  Not to include plant materials or installation of movable, non-permanent play equipment.
2. B.
   Exterior Modification of Existing Buildings and Structures.  Including, but not limited to: the installation of a seasonal weather enclosure; any attachment of a shade structure to a principal building; the removal, replacement, or addition of windows, doors, and chimneys; the alteration of porches and decks; the alteration or addition of commercial storefronts on existing buildings and changes to exterior paint and color.  Exterior paint and color shall not include painted murals as reviewed by the Leesburg Commission on Public Art under the Public Art Policy in accordance with the Leesburg Public Art Guidelines. Not to include routine maintenance as defined in Sec. 7.5.9.A Routine Maintenance Exclusion.
3. C.
   Additions to Existing Buildings and Structures.  Including, but not limited to:  the construction of new porches and decks; the expansion of the square footage so that it increases the height or the footprint of the existing structure. 
4. D.
   New Construction.
5. E.
   Demolition and Relocation of Existing Buildings and Structures, in whole or in part.
6. F.
   Signs. In accordance with Section 15.9
7. G.
   Exemptions. The following structures are exempt from review by the Board of Architectural Review and the requirement for a Certificate of Appropriateness (COA):

   1. 1.
      Platform Deck: An at grade platform deck not exceeding twelve (12) inches in height, no less than two (2) feet from the side and rear property lines, not exceeding two hundred (200) square feet in area, without footers for support but supported by the ground only and located in the rear yard only.
   2. 2.
      Shade Structure, Unattached: As defined in Article 18, and pursuant to the performance criteria in Section 9.5.4.
   3. 3.
      Tent: As defined in Article 18, and pursuant to the performance criteria in Section 9.5.4.
8. H.
   General Concept Plans. An applicant for Certificate of Appropriateness may submit a general concept plan to the Board of Architectural Review to seek guidance for the conceptual appearance of a proposed project regarding adopted design guidelines and other requirements under the Board’s purview. An application for review of a general concept plan shall show information that communicates; (a) height; (b) massing; (c) fenestration; (d) roof form; (e) primary exterior materials; (f) façade orientation; and (g) building footprint along with placement and position on the associated land parcel. Such application shall include any proposed demolition, as applicable to the project, but does not need to meet other application requirements outlined in Section 3.10.2, Required Contents of Applications.

   An application for review of a general concept plan shall not be bound by the 75-day review requirement outlined in 3.10.5 Review of Plans in a Timely Manner, and may be continued to future Board meetings to allow the applicant opportunity to address Board comments and concerns.

   In response to an application for review of a general concept plan, the Board of Architectural Review may address the conceptual appearance of a proposed project as it relates to conformance with established design guidelines and other requirements by adopting a resolution by majority vote of the members present at the time of review. This resolution may include endorsement of the conceptual appearance of all or a specified portion of the project and guidance to the applicant on necessary changes to the appearance in order to conform to established design guidelines and other requirements. The applicant may revise the general concept plan based upon comments received from the Board and resubmit the application.

   A resolution endorsing a general concept plan adopted by the Board shall not constitute final approval. A Certificate of Appropriateness application consistent with the requirements outlined in Section 3.10 and Section 7.5 reviewed and approved by the Board shall be required for final approval of a project.

Effective on: 1/1/1901

The Preservation Planner (or designee) may have the authority to grant the following approvals administratively if such applications are in conformance with the adopted Old and Historic District Guidelines. No adjacent property owner notification or public hearing shall be required for applications which are approved administratively. If the Preservation Planner determines the application may not be in conformance with the Old and Historic District Guidelines, the application shall be forwarded to the Board for consideration at the next meeting for which the advertising requirements can be met. Alternatively, the applicant may withdraw any application which the Preservation Planner finds inconsistent with the Guidelines. A report of administrative approvals shall be provided on a monthly basis at either a Board of Architectural Review Business Meeting or Work Session.

1. A.
   Building and Site Enhancements. The Preservation Planner shall have the authority to issue a Certificate of Appropriateness for alterations to existing or installation of:

   1. 1.
      New lampposts or light fixtures
   2. 2.
      Fences
   3. 3.
      Driveways
   4. 4.
      Walkways
   5. 5.
      In-ground pools in the rear yard
   6. 6.
      Patios less than 250 square feet when they are located in the rear yard
   7. 7.
      Retaining, seating, or landscape walls of not more than 24 inches in height provided that they are not attached to a primary structure
   8. 8.
      Trash enclosures
   9. 9.
      Pergolas (or similar unenclosed garden structures) in the rear yard
   10. 10.
       Mechanical screening, such as vents, measuring less than 1 cubic foot that match the surrounding material in color
   11. 11.
       Changes in existing exterior color schemes
   12. 12.
       Bollards and other traffic control structures outside the right-of-way
   13. 13.
       Small cell installations which are located on existing poles within the right-of-way and are designed in accordance with the adopted franchise agreement
   14. 14.
       Accessory structures of less than 100 square feet located in the rear yard, less than 15’ to the peak of the roof in height, not on a permanent foundation and not to exceed one such structure.
2. B.
   Signs. The Preservation Planner shall have authority to issue a Certificate of Appropriateness for applications that request approval for signs that conform to the criteria established in the Old and Historic District Sign Guidelines in the section titled “Administrative Approval Criteria for Signs in the Old and Historic District”.
3. C.
   Modifications to Existing Structures. The Preservation Planner shall have the authority to issue a Certificate of Appropriateness for the following modifications to existing structures:

   1. 1.
      Contributing Structures. The term “contributing” shall mean helping, assisting, or adding to the historical integrity, historic architectural qualities, or archaeological qualities of the subject Historic District and/or the said Historic District’s historic associations;

      1. a.
         Like-kind replacement of roof materials, siding, trim, railings, gutters, or downspouts, porch flooring or stair risers/treads but not porch railings, columns or posts
      2. b.
         Installation or removal of storm windows and doors
      3. c.
         Removal, replacement or installation of shutters
      4. d.
         Installation of HVAC units and associated support structures or other utility-related improvements
      5. e.
         Removal of non-contributing material and the necessary repair/maintenance following such removal
      6. f.
         Minor alterations or installations of architectural details including:

         1. i.
            Handrails but not guardrails or porch railings or balustrades
         2. ii.
            Lattice
         3. iii.
            Decorative trim such as modillions, corbels or similar
      7. g.
         Removal or recovering of awnings.
   2. 2.
      Noncontributing Structures. The term “non-contributing” shall mean not helping, not assisting, nor adding to the historical integrity, historic architectural qualities, or archaeological qualities of the subject Historic District and/or the said Historic District’s historic associations.

      1. a.
         Like-kind replacement of siding, trim, porch flooring or stair risers/treads, porch posts or railings
      2. b.
         Gutters (including changes in gutter style or material when the new proposal is equally or more consistent with the Guidelines that the current)
      3. c.
         Roofing (including changes in roofing material when the new material is equally consistent or more consistent with the Guidelines than the current sheathing)
      4. d.
         Exterior doors
      5. e.
         Installation or removal of storm windows and doors
      6. f.
         Removal, replacement or installation of shutters
      7. g.
         Installation of HVAC units and associated support structures or other utility-related improvements
      8. h.
         Minor alterations or installations of architectural details including:

         1. i.
            Handrails but not guardrails or porch railings or balustrades
         2. ii.
            Lattice
         3. iii.
            Decorative trim such as modillions, corbels or similar
      9. i.
         Removal or recovering of awnings
      10. j.
          Demolition of non-contributing accessory structures
4. D.
   Change of Plans after Issuance of Permit. Any change in the approved plans subsequent to the issuance of a Certificate of Appropriateness shall be promptly submitted to the Preservation Planner prior to construction of the modified feature. The Preservation Planner may administratively approve minor alterations after the issuance of a COA provided that the following types of changes are in substantial conformance with the approved COA:

   1. 1.
      Change in the color(s) selected for a project
   2. 2.
      Change in the profile of door and window moldings
   3. 3.
      Change in the type of siding used in a small area
   4. 4.
      Repositioning, or enlargement/reduction in the size of a non-historic doorway or window opening, on an accessory structure or on the rear of a primary structure
   5. 5.
      Change in roof material as long as historic roof materials are not removed
   6. 6.
      Repositioning, or changes in balustrade (guardrail), railings (including handrails), corbels or other decorative porch ornamentation,
   7. 7.
      Enlargement/reduction no greater than 10% in the size of a porch or outdoor staircase on an accessory structure or on the rear of a primary structure
   8. 8.
      Other minor alterations determined by the Preservation Planner which do not negatively affect the size, scale, massing, or character of the structure.

Effective on: 1/1/1901

For all construction requiring the installation or replacement of public sidewalks, the surface material of the sidewalk must be made of medium to dark red machine-molded (no wire-cut) brick.

Effective on: 1/1/1901

1. A.
   Board's Authority to Review Certificate of Appropriateness for Demolition. No historic landmark, building or structure subject to the provisions of this section shall be demolished until its owner has applied for and received a Historic District Demolition Permit from the Board of Architectural Review pursuant to the procedures of Sec. 3.10, except as otherwise expressly provided in Sec. 7.5.8D.
2. B.
   Demolition Defined. Any removal of forty percent (40%) or more of the total exterior wall or roof surface of any building shall require a Certificate of Appropriateness approved in accordance with the requirements of this section. Any removal of less than forty percent (40%) of the exterior wall or roof surface of a building shall be considered an alteration and requires a Certificate of Appropriateness in accordance with the provisions of Sec. 7.5.5
3. C.
   Consideration of Post-Demolition Plans. The Board of Architectural Review shall consider, and applicants shall be required to provide, for all principal structures to be demolished, post-demolition plans for any site governed by this article and the appropriateness of such plans to the architectural character of the district.
4. D.
   Demolition Delay Period. The owner of a building or structure, the demolition of which is subject to the provisions of this section, shall, as a matter of right, be entitled to demolish such building or structure provided that:

   1. 1.
      The owner has applied to the Board of Architectural Review for such a right.
   2. 2.
      The owner has for a period of time set forth in the time schedule set forth in Sec. 7.5.8D.3, and at a price reasonably related to its fair market value, made a bona fide offer to sell such building or structure, and the land pertaining thereto, to any person, firm, corporation, government or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it will preserve and restore the building or structure and the land pertaining thereto.
   3. 3.
      No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such building or structure, and the land pertaining thereto, prior to the expiration of the applicable time period as set forth in the time schedule below. Any appeal which may be taken to the court from the decision of the Town Council shall not affect the right of the owner to make a bona fide offer to sell. Offers to sell as provided in subsection 7.5.8D.2 shall be made within one (1) year of the date of a final decision by the Town Council. The time schedule for offers to sell shall be as follows:

5. E.
   Board of Architectural Review Activities While Action on Demolition Permit Suspended. During the demolition delay period set forth above in Sec. 7.5.8D, the Board of Architectural Review may take such steps as it deems necessary to preserve the buildings or structures concerned, in accordance with the purposes of these regulations. Such steps may include, but are not limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features.
6. F.
   Owner Required to Make Bona Fide Offer to Sell During Delay Period. Before making a bona fide offer to sell the owner shall first file a statement with the Town Council. That statement shall identify the property, state the offering price, the date the offer of sale is to begin and name and addresses of listing real estate agents, if any. The statement shall provide assurances that the building or structure shall be preserved and/or restored, as appropriate. No time period set forth in the time schedule contained in Sec. 7.5.8 shall begin to run until the statement has been filed.

Effective on: 1/1/1901

1. A.
   Routine Maintenance Exclusion. Nothing in this article shall be construed to prevent the routine maintenance or repair of any exterior elements of any building or structure so long as there is no change in design or materials.
2. B.
   Protective Maintenance Requirement.

   1. 1.
      Purpose. Pursuant to Section 15.2-2306 of the Code of Virginia, 1950, as amended, the purpose of this section is to prevent the demolition by neglect of any building or structure by permitting permanent damage by weather or vandalism.
   2. 2.
      Intent. The intent of this section is to ensure that the owner of any building or structure subject to the provisions of this section shall keep such building or structure properly maintained and repaired in accordance with this section, the provisions of the state building code and housing code and the provisions of Article I Section 11-38 of the Town Code.
   3. 3.
      Degree of Maintenance Required. The degree of maintenance and repair hereby required is that degree sufficient to prevent damage to the structural components and/or the exterior that would cause the collapse of the structure or that would cause the building to become so deteriorated as to prevent its repair and preservation. Acts which the owner may be required to perform pursuant to this paragraph shall include the following: securing the building or structure by boarding up doors and windows; stabilizing walls, roofs and other parts of the building or structure; providing positive drainage from the structure; and termite treatment.
   4. 4.
      Enforcement. The Board of Architectural Review shall request a meeting with an owner when a property is in a seriously deteriorated condition and the Board of Architectural Review shall discuss with the owner ways to improve the condition of the building or structure. After this step the Board of Architectural Review may request the Zoning Administrator to investigate further the condition of such building or structure and to make a determination within fourteen (14) days of violations of this Zoning Ordinance. Upon finding that a building is in a seriously deteriorated condition which threatens its preservation, the Zoning Administrator shall notify the owner in writing and shall identify specific repairs and work necessary to comply with the provisions of this section. The owner shall have ninety (90) days from written notification to complete necessary repairs and work identified by the Zoning Administrator. Failure to complete the necessary repairs and work within ninety (90) days shall constitute a violation of this Zoning Ordinance.

Effective on: 1/1/1901

The H-1 Overlay District may be enlarged, and new historic districts and individual landmarks may be established upon recommendation of the Board of Architectural Review and adoption by the Town Council.

1. A.
   Preliminary Research. The Board of Architectural Review shall undertake to establish and maintain a list of structures, sites and areas having historical, architectural or aesthetic interest or value.
2. B.
   Recommendation of Historic Districts and Landmarks. The Board of Architectural Review may recommend to the Town Council the initiation of a Zoning Ordinance amendment to designate landmarks and historic districts from the list established under Sec. 7.5.10.A for preservation and protection.

   1. 1.
      Criteria for Selection. When applying for nomination as a Local Historic District or Local Historic Landmark, the applicant shall supply documents or other evidence showing that the property(s) or structure(s) under consideration meets one or more of the following criteria defining Local Historic Districts or Local Historic Landmarks:

      1. a.
         Its character, interest or value as part of the historic development, heritage, or cultural characteristics of the community, county, state or country; or
      2. b.
         Its location as a site of a historically significant local, county, state or national event; or
      3. c.
         Its identification with a person or persons or entities who significantly contributed to the historic development of the community, county, state or country; or
      4. d.
         Its embodiment of distinguishing characteristics of a historic architectural style valuable for the study of a period, type, method of construction, or use of materials; or
      5. e.
         Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the historic development of the community, county, state or country; or
      6. f.
         Its embodiment of elements of design, detailing, materials or craftsmanship that render it significant to the architectural heritage of the community; or
      7. g.
         Its character as a particularly fine or unique example of an historic utilitarian structure, including, but not limited to, farmhouses, gas stations or other commercial structures, with a high level of integrity or architectural significance; or
      8. h.
         It is listed in the National Register of Historic Places and/or the Virginia Landmarks Program.
   2. 2.
      Application for Designation. Designations may be initiated by resolution of the Town Council upon recommendation of the Board of Architectural Review or on the application of the owner(s) of the property to be designated or their authorized agents, or on the application of any historic, civic or professional society or organization with a recognized interest in historic preservation. When the application has not been made by the owner, the owner shall be given written notice of the designation under consideration.
   3. 3.
      Moratorium on Alteration or Demolition While Designation Pending. No applications for a zoning permit to construct, alter or demolish any structure or other feature on a landmark site or in a historic district, filed subsequent to the day that an application has been filed or a resolution adopted to initiate designation of the said landmark site or historic district, shall be approved by the Zoning Administrator while proceedings are pending on such designation; provided, however, that after ninety (90) days have elapsed from the date of initiation of said designation, if final action on such designation has not been completed, the permit application may be approved.

Effective on: 1/1/1901

The enforcement of the provisions of this section shall be the responsibility of the Zoning Administrator or the Zoning Administrator’s designee. The Zoning Administrator shall take the necessary legal steps to stop work that is being performed without a Certificate of Appropriateness. Any violation of these regulations is a civil violation as provided in Sec. 17.2.2.

Effective on: 1/1/1901

The purpose of these historic corridor regulations is to implement the Town Plan goal of ensuring quality urban design compatible with Leesburg's historic, architectural and tourist resources through architectural control along the town's arterial routes to the H-1 Overlay District. The protection of these vital corridors which form the traditional gateways to Leesburg's historic district will stabilize and improve property values; protect and enhance the town's attraction to tourists and visitors; and will support and stimulate complimentary development appropriate to the prominence afforded properties contiguous to Leesburg's major arterial routes. Benefits attributable to the promotion of superior design and appearance of structures constructed and altered along the town's arterial highways will ultimately promote the public health, safety and general welfare of the citizens of the town.

Effective on: 1/1/1901

The H-2, Historic Corridor Architectural Control District is hereby established as an overlay on the Official Zoning Map under authority of Section 15.2-2306 of the Code of Virginia, 1950, as amended, to be known as the H-2 Overlay District with boundaries to include all or parts of parcels, exclusive of the H-1 Overlay District, within 1,000 linear feet of the right-of-way centerline along Route 7 from the east corporate limit to the Route 7/15 by-pass; 300 linear feet from the right-of-way center line along Route 7, west from the western boundary of the H-1 Overlay District to the west corporate limits, and 500 linear feet of the right-of-way centerline of Route 15 from the north corporate limits to the southern corporate limits excluding parcels 231-17-2346; 231-17-0408; 231-17-6450; 231-17-9342; and all properties within 500 feet of the center line along the east side of S. King Street from Fairfax Street, SE to the Route 7/15 by-pass

Effective on: 1/1/1901

Unless otherwise expressly exempted, the regulations of this section shall apply to all lots and parcels and to all structures upon such lots or parcels within the boundaries of the H-2 Overlay District as defined in Sec. 7.6.2. If any part of a structure to be erected, altered or restored is located on a lot or parcel that is within these boundaries the entire structure shall be governed by this section, unless (1) the entire structure itself is located outside the H-2 Overlay District boundaries and (2) the structure will not be visible from any public right-of-way. Applicants may also proffer compliance (when permissible) or agree to comply with the H-2 Overlay District standards. The regulations of this section apply to all property, including any improvements and modifications to such property, within the boundaries of the H-2 Overlay District.

Effective on: 1/1/1901

1. A.
   Applicability. Unless otherwise expressly exempted, no structure, building, or sign located on land shall be erected, reconstructed, altered or restored on property subject to the H-2 Overlay District standards of this section until the plans for such shall have been approved by the Board of Architectural Review in accordance with the Architectural Control Certificate of Appropriateness procedures of Sec. 3.11.
2. B.
   Exemptions. The provisions of this section shall not apply to any of the following:

   1. 1.
      The regular maintenance of structures, buildings, or signs (as opposed to the reconstruction, alteration or restoration);
   2. 2.
      single-family detached dwellings;
   3. 3.
      attached dwellings (including townhouses and duplexes); or
   4. 4.
      construction within approved Planned Development Districts.
3. C.
   Definitions. For the purposes of this section, changing the exterior color and/or materials of a structure, building or sign shall be deemed an alteration and not regular maintenance. For the purposes of this section a structure shall also include, but not be limited to outbuildings, fences, walls, lamp posts and light fixtures.

Effective on: 1/1/1901

No historic landmark, building or structure subject to the provisions of this section shall be demolished until its owner has applied for and received an Architectural Control Certificate of Demolition from the Board of Architectural Review pursuant to the procedures of Section 3.11.3, except as otherwise expressly provided in Sec. 7.5.8D.F.

Effective on: 1/1/1901

The Board of Architectural Review shall meet at least once monthly to consider applications for Certificates of Appropriateness. The meetings of the Board of Architectural Review shall be open to the public and a full and impartial hearing shall be granted to the applicant.

Effective on: 1/1/1901

The Board of Architectural Review shall find that the application meets all of the following standards and criteria stated below in approving applications filed under this section. These standards and criteria are further defined in the H-2 Corridor Design Guidelines, dated January 23, 1990, which are hereby adopted and shall be used by the Board of Architectural Review in evaluating Certificates of Appropriateness.

1. A.
   Whether or not the proposed external architectural features, represented by the general design and arrangement, texture, color, line, mass, dimension, material and lighting reflect desirable design for the Town of Leesburg.
2. B.
   Whether or not the proposed structure, building or improvement is compatible with well-designed structures, acceptable to the Board of Architectural Review in the vicinity of the proposed structure.
3. C.
   Whether or not proposed freestanding buildings use the same or architecturally harmonious materials, color, texture and treatment for all exterior walls; and in the case of partially freestanding buildings, whether or not the same or architecturally harmonious materials, color, texture and treatment are used on all portions of all exterior walls.
4. D.
   Whether or not the combination of architectural elements proposed for a structure, building or improvement, in terms of design, line, mass, dimension, color, material, texture, lighting, landscaping, roof line and height conform to accepted architectural principles for permanent buildings reflecting the character of Leesburg, as contrasted with engineering standards designed to satisfy safety requirements only.
5. E.
   Whether or not the proposed structure, building or improvement, in terms of design, material, texture, color, lighting, landscaping, dimension, line, mass roof line and height, is designed to serve primarily as an advertisement or commercial display, exhibits exterior characteristics likely to deteriorate rapidly, would be of temporary or short-term architectural or aesthetic acceptability, or would otherwise constitute a reasonable foreseeable detriment to the attractiveness and stability of the town's historic arterial corridors.

Effective on: 1/1/1901

The Board of Architectural Review (and on appeal, Town Council) shall not adopt or impose any specific architectural style in the administration of this section.

Effective on: 1/1/1901

Prior to the submission of an application for Certificate of Approval, an applicant may submit a general concept plan to the Board of Architectural Review to seek guidance for the conceptual appearance of a proposed project regarding adopted design guidelines and other requirements under the Board’s purview. An application for review of a general concept plan shall show information that generally communicates: (a) height; (b) massing; (c) fenestration; (d) roof form; (e) primary exterior materials; (f) façade orientation; (g) building footprint along with placement and position on the associated land parcel; and (h) any proposed demolitions.

An application for review of a general concept plan shall not be bound by the 75-day review requirement outlined in 3.11.8, Review of Plans in a Timely Manner, and may be continued by mutual agreement of the applicant and Board to a future meeting to allow the applicant opportunity to address Board comments and concerns.

In Response to an application for review of a general concept plan, the Board of Architectural Review may address the conceptual appearance of a proposed project as it relates to conformance with established design guidelines and other requirements by adopting a resolution by majority vote of the members present at the time of the review. This resolution may address the conceptual appearance of all or a specified portion of the project and provide guidance to the applicant on necessary changes to the conceptual appearance in order to conform to established design guidelines and other requirements. The applicant may revise the general concept plan based upon comments received from the Board and resubmit the application for further review.

A resolution addressing the conceptual appearance of a proposed project adopted by the Board of Architectural Review shall not constitute approval. A Certificate of Approval application consistent with the requirements outlined in Section 3.11 and Section 7.6 reviewed and approved by the Board shall be required for final approval of a project.

Effective on: 1/1/1901

The purpose of the Airport Overlay District is to regulate and restrict the height of structures, objects or natural growth, regulate the locations of noise sensitive uses, and otherwise regulate the use of property in the vicinity of the Leesburg Executive Airport by creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; providing for enforcement; and imposing penalties. Accordingly, it is declared:

1. A.
   That it is necessary in the interest of the public health, safety, and general welfare, to prevent obstructions that are hazards to air navigation;
2. B.
   That it is necessary in the interest of the public health, safety, and general welfare, to avoid noise-related problems associated with aircraft using the Leesburg Executive Airport;
3. C.
   That the creation or establishment of an obstruction has the potential for being a public nuisance and may injure the area served by the airport; and
4. D.
   That the Town of Leesburg derives economic development and enhanced interstate commerce from the Leesburg Executive Airport which are held strictly to the highest possible safety standards.

Effective on: 1/1/1901

The regulations of this section (Sec. 7.7) shall apply to all areas designated on the Airport Safety District Map and the Airport Noise Overlay Map within the corporate limits of the Town of Leesburg.

Effective on: 1/1/1901

The definitions of this section shall be used solely for the purpose of interpreting and administering the A-1 District regulations of this section. If the definitions of this section conflict with other definitions of this Zoning Ordinance, the definitions of this section shall control.

1. A.
   “Administrator” The Town of Leesburg's Zoning Administrator.
2. B.
   “Airport” Leesburg Executive Airport.
3. C.
   “Airport Elevation” The highest point on any usable landing surface expressed in feet above mean sea level.
4. D.
   “Approach Surface” A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation slope set forth in Sec. 7.7.5. In the Airport Safety Zone Map, the perimeter of the approach surface coincides with the perimeter of the approach zone.
5. E.
   “Approach, Transitional, Horizontal, and Conical Zones” The airspace zones as set forth in Sec. 7.7.4.
6. F.
   “Board of Zoning Appeals” Refers to the Board of Zoning Appeals of the Town of Leesburg.
7. G.
   “Conical Surface” A surface extending horizontally twenty feet for every foot vertically from the periphery of the horizontal surface.
8. H.
   “Hazard to Air Navigation” An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have substantial adverse effect on the safe and efficient utilization of navigable airspace in the Commonwealth.
9. I.
   “Height” For the purpose of determining the height limits in all zones set forth in this Zoning Ordinance and shown on the Airport Safety District Map, the datum shall be mean sea level (M.S.L.) elevation unless otherwise specified.
10. J.
    “Horizontal Surface” A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
11. K.
    “Ldn” The symbol for “yearly day-night average sound level”, which means the average daily sound level (based on a 365-day average), in decibels, for the period from midnight to midnight, obtained after the addition of ten decibels to sound levels for the periods between 10 p.m. and 7 a.m., local time.
12. L.
    “45 db(A) Ldn” The symbol for the required level of noise attenuation in residential structures constructed within the area between airport noise contour 60 and airport noise contour 65, meaning a required yearly interior day-night average sound level of 45 decibels or less.
13. M.
    “Leesburg Airport Commission” An advisory commission appointed by the Leesburg Town Council whose responsibilities include, but are not limited to land acquisition, construction, improvement, maintenance and operation of the Leesburg Executive Airport.
14. N.
    “Nonconforming Use” Any existing or new structure or object of natural growth which is inconsistent with the provisions of this Zoning Ordinance or any amendment to this Zoning Ordinance.
15. O.
    “Obstruction” Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface or zone floor, set forth in Sec. 7.7.5.
16. P.
    “Person” Any individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. The term includes a trustee, a receiver, an assignee, or a similar representative of any of them.
17. Q.
    “Primary Surface” A surface, with a specified width as provided in Sec. 7.7.4, longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
18. R.
    “Runway” A specified area on an airport prepared for landing and takeoff of aircraft.
19. S.
    “Structure” Any object, including a mobile object, constructed or installed by any person, including but not limited to buildings, towers, cranes, smokestacks, earth formations, towers, poles and electric lines of overhead transmission routes, flag poles, and ship masts.
20. T.
    “Transitional Surfaces” Surfaces which extend outward perpendicular to the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
21. U.
    “Vegetation” Any object of natural and/or planted growth.
22. V.
    “Zone” All areas provided for in Sec. 7.7.4, generally described in three dimensions by reference to ground elevation, vertical distances from the ground elevation, horizontal distances from the runway centerline and the primary and horizontal surfaces, with the zone floor set at specific vertical limits by the surfaces found in Sec. 7.7.5.
23. W.
    “Zoning Permit” A document issued by Town of Leesburg allowing an activity that may result in structures or vegetation which exceed the height limitations provided for in this Zoning Ordinance.

Effective on: 1/1/1901

In order to implement the provisions of this Zoning Ordinance, four zones are established which include the area and airspace of the Town of Leesburg lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Leesburg Executive Airport. These zones are established as overlay zones, superimposed over the existing zoning districts, being more specifically zones of airspace that do not affect the uses and activities of the zoning district except as provided for in Sec. 7.7.6. An area located in more than one of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows:

1. A.
   “Airport Zone” A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.
2. B.
   “Approach Zone” A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces.
3. C.
   “Transitional Zone” A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.
4. D.
   “Conical Zone” A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

Effective on: 1/1/1901

1. A.
   Except as otherwise provided in this Zoning Ordinance, in any zone created by this Zoning Ordinance no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, known as the floor, of any zone provided for in Sec. 7.7.4 at any point.
2. B.
   The specific geometric standards, height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. The official map which depicts the Airport Safety Zones height restrictions shall be maintained by the Zoning Administrator.

Effective on: 1/1/1901

Notwithstanding any other provisions of this Zoning Ordinance, and within the area below the horizontal limits of any zone established by this Zoning Ordinance, no use may be made of land or water in such a manner as to:

1. A.
   Create electrical interference with navigational signals or radio communication between the airport and airborne aircraft;
2. B.
   Diminish the ability of pilots to distinguish between airport lights and other lights;
3. C.
   Result in glare in the eyes of pilots using the airport;
4. D.
   Impair visibility in the vicinity of the airport;
5. E.
   Create the potential for bird strike hazards; or
6. F.
   Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

Effective on: 1/1/1901

1. A.
   Except as expressly provided in this section, the regulations prescribed by this Zoning Ordinance shall not require the removal, lowering, or other change or alteration of any structure or vegetation not conforming to the regulations as of [Insert Effective Date], or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this Zoning Ordinance shall require the removal, lowering, or other change or alteration of any structure which construction was begun prior to [Insert Effective Date], and is in the process of being diligently pursued toward completion.
2. B.
   Notwithstanding the provisions of the preceding paragraph “A,” the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, the Leesburg Airport Commission, or the Zoning Administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question.

Effective on: 1/1/1901

1. A.
   Except as expressly provided in this section, no structure shall be erected or otherwise established in any zone created by this Zoning Ordinance unless a zoning permit issued by the Zoning Administrator shall have been applied for and granted. Each application for a zoning permit shall indicate the purpose for which desired and provide sufficient geometric specificity to determine if the structure will conform to the regulations prescribed in this Zoning Ordinance. No zoning permit for a structure inconsistent with this Zoning Ordinance shall be granted unless a variance has been approved in accordance with all applicable regulations.
2. B.
   No zoning permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on [Insert Effective Date] or any amendments thereto other than with a variance as provided for in Sec. 7.7.8D.
3. C.
   Whenever the Zoning Administrator determines that a nonconforming structure has been abandoned or more than fifty percent (50%) destroyed, physically deteriorated, or decayed, no zoning permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the regulations contained in this Zoning Ordinance, except with the relief as provided for in Sec. 7.7.8D.
4. D.
   Any person desiring to erect or increase the height or size of any structure not in conformance with the regulations of this Zoning Ordinance may apply for a variance from the Board of Zoning Appeals, in accordance with the procedures set out in Sec. 3.13, if accompanied with a recommendation from the Leesburg Airport Commission. The Airport Commission shall consider the effect of the proposal on the operation of air navigation facilities and determine whether the safe and efficient use of navigable airspace is impeded. The issuance of zoning permits by the Zoning Administrator may be subject to a final determination from the Virginia Department of Aviation that the safety of the airport is not impaired.
5. E.
   Any zoning permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Zoning Ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, Leesburg Airport Commission, or the Zoning Administrator. If deemed proper with reasonable cause by the Board of Zoning Appeals, this condition may be modified to require the owner of the structure in question to permit the airport owner, at the owner’s own expense to install, operate, and maintain the necessary markings and lights.

Effective on: 1/1/1901

The Airport Noise Overlay District boundaries shall be based on the Ldn 60 and 65 noise contours and an area that extends one (1) mile beyond the Ldn 60 contours. The Town shall use as a basis for delineating the Ldn noise contours the Leesburg Municipal Airport Environmental Assessment Report dated October 1985. For the purpose of administering these regulations the Airport Noise Overlay District shall have the following three (3) components:

1. A.
   Ldn 65 or higher aircraft noise contour;
2. B.
   Ldn 60 to 65 aircraft noise contours; and
3. C.
   One-mile buffer area, measured from outside the Ldn 60 aircraft noise contour.

Effective on: 1/1/1901

A disclosure statement shall be placed on all subdivision plats, site plans and deeds required for subdivision or site plan approval for any parcel or development within the Airport Noise Overlay District, identifying any lot which is located within the Airport Noise Overlay District. The statement must also identify the component of the District in which the lot is located.

Effective on: 1/1/1901

In addition to the regulations for the zoning district over which an Airport Noise Overlay District is located, and in addition to the restrictions of the Airport Safety Zones set out in Sec. 7.7.4, the following use limitations shall apply within the Airport Noise Overlay District:

1. A.
   Ldn 65+. In aircraft noise contours Ldn 65 or higher, residential dwellings shall not be permitted. However, new dwelling units and additions to existing dwellings may be permitted provided that:

   1. 1.
      The lot was recorded or had record plat approval prior to the adoption of this Ordinance; and
   2. 2.
      The new dwelling unit or addition complies with the acoustical treatment requirements for residential districts set forth in the Virginia Uniform Statewide Building Code.
2. B.
   Ldn 60 to 65 Contours.

   1. 1.
      Disclosure Statement. A disclosure statement shall be required for all residential dwelling units to be constructed between the Ldn 60 to 65 aircraft noise contours. The subdivider or developer shall disclose in writing to all prospective purchasers that they are located within an area that will be affected by aircraft over-flights and aircraft noise. Such notification will be accomplished by inclusion of this information in all Homeowner Association Documents, and by inclusion on all subdivision plats and site plans, and within all deeds required for subdivision or site plan approval.
   2. 2.
      Acoustical Treatment. For all residential units located between the Ldn 60 to 65 aircraft noise contours, a subdivider or developer shall incorporate acoustical treatment into all dwelling units to ensure that interior noise levels within living spaces (not including garages, sunrooms or porches) do not exceed an average noise level of 45 db(A) Ldn. Compliance with this standard shall be based upon a certification from an acoustical engineer licensed in the Commonwealth of Virginia, submitted at the time of zoning permit issuance, that the design and construction methods and materials to be used in the dwelling are such that the foregoing standard will be met, assuming exterior noise levels between Ldn 60 to 65.
3. C.
   One Mile Buffer Area. A disclosure statement shall be required for all residential dwelling units to be constructed outside of, but within one (1) mile of the Ldn 60 aircraft noise contour. The subdivider or developer shall disclose in writing to all prospective purchasers that they are located within an area that will be affected by aircraft over-flights and aircraft noise. Such notification will be accomplished by inclusion of this information in all Homeowner Association Documents, and by inclusion on all subdivision plats and site plans, and within all deeds required for subdivision or site plan approval.

Effective on: 1/1/1901

The NAC, Noise Abatement Corridor Overlay District regulations of this section are intended to mitigate the potential adverse effects of roadway noise on residential properties adjacent to major roadways.

Effective on: 1/1/1901

The NAC District regulations of this section shall apply to all land within 300 feet of the centerline of the following roadways:

1. A.
   Dulles Greenway;
2. B.
   Route 7/15 Bypass;
3. C.
   East Market Street from the Route 7/15 Bypass east to the Town of Leesburg Corporate limits;
4. D.
   Battlefield Parkway (planned 6-lane portions only);
5. E.
   Route 15 south of the Route 7/15 Bypass.

Effective on: 1/1/1901

Development within the NAC District shall be subject to the Noise Abatement standards of Sec. 7-380 of the Town’s Design and Construction Standards Manual.

Effective on: 1/1/1901

It shall be unlawful for any person to operate or permit to be operated any stationary noise source in such a manner as to create a sound level which exceeds the limits set for in the following tables.

Effective on: 1/1/1901

Noise levels shall be measured with a sound meter that shall meet or exceed performance standards for a “Type Two” meter, as specified by the American National Standards Institute.

Noise levels shall be recorded as A-weighted sound pressure level. The level so read, shall be post scripted dBA.

Effective on: 1/1/1901

Measurements of noise levels shall be taken at the property boundary of the noise source. Where differing zoning districts abut, the more restrictive limit shall apply.

1. A.
   Maximum dBA, Continuous Noise.

   Residential 55   (R-E, R-1, R-2, R-4, R-6, R-HD, R-8, R-16, R-22, PRN and PRC)

   Commercial 65  (O-1, O-2, B-1, B-2, B-3, B-4, PEC, MC and GC)

   Industrial 70  (I-1, I-2 and M-1)

2. B.
   Maximum dBA, Impact Noise.

   Residential 60  (R-E, R-1, R-2, R-4, R-6, R-HD, R-8, R-16, R-22, PRN and PRC)

   Commercial 70  (O-1, O-2, B-1, B-2, B-3, B-4, PEC, MC and GC)

   Industrial 80  (I-1, I-2 and M-1)

Impact noise shall be measured using the fast meter response of the sound level meter. Impact noises are intermittent sounds of a single pressure peak or a single burst (multiple pressure peaks) for duration usually less than one second. Examples of impact noise sources are a punch press, drop forge hammer or explosive blasting.

Effective on: 1/1/1901

1. A.
   The limitations stated above shall not apply within the Municipal Airport (MA) Zoning District or any area subject to the Noise Contours associated with the Leesburg Executive Airport.
2. B.
   Sound created by the operation of power equipment, such as power lawn mowers, chain saws, weed-trimmer and similar equipment, between the hours of 7:00 a.m. and 9:00 p.m. shall not be regulated by these noise standards.
3. C.
   Air conditioning units on residential lots with less than a ten-foot (10’) side yard shall be measured at the front or rear property line.

Effective on: 1/1/1901

1. A.
   Purpose. The purpose of the Crescent Design District is to implement the Town Plan and the Crescent District Master Plan by recognizing that the area encompassed by the District is a Small Area Comprehensive Plan as described in Va. Code § 15.2-2303.4.E and is designated as a revitalization and redevelopment area, doing the following:

   1. 1.
      Set the stage for the long-term redevelopment of the District in an urban pattern and form.
   2. 2.
      Provide community stakeholders a reasonable expectation of how the District will look and function in the future.
   3. 3.
      Create a District that respects the character of Leesburg’s historic downtown while providing a transition to more automobile-oriented parts of the community.
   4. 4.
      Develop a setting for a true mixture of uses that recognizes Leesburg’s role as a center of retail, office, and residential uses for Loudoun County.
2. B.
   Goals. The Crescent Design District provides specific standards to achieve the following:

   1. 1.
      Develop a fully integrated, mixed-use, pedestrian-oriented environment with buildings that contain commercial, residential and office uses.
   2. 2.
      Create a synergy of uses within the Crescent Design District to support economic development and redevelopment in accordance with the recommendations of the Town Plan and the Crescent District Master Plan.
   3. 3.
      Minimize traffic congestion, inefficient surface parking lots, infrastructure costs and environmental impacts by promoting a compact, mixed-use, pedestrian-friendly district.
   4. 4.
      Regulate building height and placement to achieve appropriate scale along streetscapes and ensure proper transition to nearby residential neighborhoods.
   5. 5.
      Establish clear controls on building form and placement to frame a well-defined public realm comprised of human-scale streets, neighborhoods and public spaces, all of which contribute to creating a safe, comfortable and livable environment.

Effective on: 1/1/1901

1. A.
   District Established. The form-based Crescent Design District is hereby established on the Official Zoning Map under authority of Section 15.2-2306 of the Code of Virginia, 1950, as amended, to be known as the Crescent Design (CD) District. The CD District is hereby designated as an architectural control district, as authorized in the Town Charter amendment dated January 29, 2007.
2. B.
   Provisions not addressed. All provisions of the Zoning Ordinance not specifically addressed by the provisions of the CD District shall be applicable.
3. C.
   Conflict with Zoning Ordinance Regulations. The provisions of the CD District, when in conflict with other articles of the Zoning Ordinance, shall take precedence.
4. D.
   Architectural Overlay District Applicability

   1. 1.
      H-1 District Applicability. The H-1, Overlay, Old and Historic District regulations, guidelines and approval requirements shall apply in the CD District to those properties designated H-1.
   2. 2.
      H-2 District Applicability. The H-2, Historic Corridor Architectural Control Overlay District regulations, guidelines and approval requirements shall not apply in the CD District except as described in Sec. 7.10.2.I below.
5. E.
   Floodplain and Creek Valley Buffer. All provisions of Section 7.11 Flood Plain Overlay District and all provisions of Article 14 Creek Valley Buffer relating to Tuscarora Creek shall apply to property within the CD District.
6. F.
   Proffered Rezonings. Properties subject to proffered rezonings approved prior to March 1, 2013, the effective date of this section shall comply with the approved rezoning. However, the property owner may apply for a new rezoning consistent with the CD District regulations.
7. G.
   Exceptions. Excluding existing proffered rezonings as noted above, new uses, structures, and lots and streets that are created shall be subject to the requirements of the CD District, except as provided below.

   1. 1.
      Expansion.

      1. a.
         Less than 10%. Expansion of an existing nonconforming structure’s gross floor area less than ten percent shall use the density/intensity and dimensional standards of the underlying zoning district prior to March 1, 2013.
      2. b.
         Greater than 10%. A one-time expansion of an existing nonconforming structure’s gross floor area ten percent (10%) or greater shall be subject to the requirements of this section, including but not limited to siting specifications, site requirements, building type specifications, building materials, building height, use, density/intensity standards, and dimensional standards.
   2. 2.
      Uses. For use of existing nonconforming structures whereupon (i) no expansion is proposed, or (ii) the expansion of the existing gross floor area is less than ten percent (10%), the uses shall be subject to the underlying zoning district’s uses prior to March 1, 2013. Any one-time expansion of an existing nonconforming structure’s gross floor area ten percent (10%) or greater shall require compliance with applicable CD use standards.
   3. 3.
      Alterations: Façade alterations or expansions to existing buildings that were within the boundaries of the H-2 Historic Corridor Architectural Control Overlay District, at the time of adoption of the CD District shall comply with building elements specifications of Sec. 7.10.6 Building Type Specifications and Sec. 7.10.7 Building Material and Other Requirements.
   4. 4.
      Maintenance and Repair: Maintenance and repair work for existing nonconforming structures shall be exempt from the CD design standards in Sec. 7.10; such exempt activities include roof or window replacement, mechanical and electrical upgrades, interior tenant fit-out, parking resurfacing and other site work, such as stormwater improvements, landscaping, and site amenities, or other similar activities as determined by the Zoning Administrator.
8. H.
   Development Application Standards. Development applications within the CD District shall follow:

   1. 1.
      By-Right Applications.

      1. a.
         Requirements. For subdivision and site plan applications, the approval process requirements and the required contents of Divisions 2 and 3 of the Subdivision and Land Development Regulations. In addition, the required contents of site plans shall include information necessary for the Zoning Administrator to ensure compliance with Secs. 7.10.5 Site Requirements; 7.10.6 Building Type Specifications; 7.10.7 Building Material and Other Requirements; 7.10.11 Streetscape Requirements; and 7.10.12 Modifications.
      2. b.
         Pre-Application Conference. Prior to filing an application, the applicant shall meet with representatives from the Department of Plan Review and the Department of Planning and Zoning to discuss the requirements and nature of the proposal. For this conference, the applicant must provide a sketch plan of the proposed use drawn to scale, showing the general layout of the development and the relationship of the surrounding area. This sketch plan shall be submitted at least a week before the date of the pre-application conference. The results of the meeting shall be documented and distributed to the applicant and participating staff.
   2. 2.
      Legislative Applications. For special exception or rezoning applications, the applicable requirements of Article 3 Review and Approval Procedures shall be followed.

Effective on: 1/1/1901

1. A.
   Crescent Design District Map. The CD District Map (see Sec. 7.10 Appendix A) and related regulations of this section shall control land development within the CD District.

   1. 1.
      Use Areas. The CD District Map divides the District into the following nine (9) sub-districts zoned for specific uses. Each of these sub-districts is detailed in Sec. 7.10.9 Use Area Regulations.

      1. a.
         Residential Medium Density (CD-RM): Intended for residential only and designated as medium residential density by right.
      2. b.
         Residential High Density (CD-RH): Intended for residential only and designated as high residential density by right.
      3. c.
         Mixed Use Residential (CD-MUR): Primarily residential with a minimum of fifty percent (50%) of gross ground floor area devoted to commercial uses.
      4. d.
         Commercial (CD-C): Primarily commercial (office and retail) with the possibility for residential uses on the second (2nd) floor and above.
      5. e.
         Mixed Use Optional (CD-MUO): Primarily commercial but free-standing high density residential buildings permitted as an option in rezoning. That is, residential uses do not have to be vertically integrated with nonresidential uses in buildings when approved by Council as part of a rezoning request.
      6. f.
         Institutional (CD-I): Recognizes existing public institutional uses.
      7. g.
         Open Space/CD-C Option (CD-OSO): Intended for park or open space based on existing uses and environmental features including extensive floodplain. However, is treated as Commercial (CD-C) category for by-right zoning and rezoning purposes.
      8. h.
         Open Space (CD-OS): Recognizes existing open space areas (W&OD Trail and Town parks) and future open space areas that due to floodplain or current use should not be developed. This designation on the CD District Map does not preclude other land from being used as open space, whether public or private, in all other areas of the CD District, subject to applicable design, frontage and use requirements.
      9. i.
         Commercial Corridor (CD-CC): Intended to allow nonresidential buildings of up to five (5) stories by-right with the proviso that only nonresidential uses shall be permitted in the Corridor by-right. Mixed use buildings and residential uses are achievable inside the Corridor only through a rezoning approved by Town Council.

   2. 2.
      Lots. In the CD District the development of existing and new lots shall comply with Sec. 7.10.4 Dimensional Standards and Sec. 7.10.5 Site Design Requirements.
   3. 3.
      Buildings. Buildings in the CD District shall comply with Sec. 7.10.6 Building Type Specifications and Sec. 7.10.7 Building Material and Other Requirements.
   4. 4.
      Signs. In the CD District signs shall comply with Article 15 Sign Regulations.
   5. 5.
      Uses. In the CD District uses shall comply with Sec. 7.10.9 Use Area Regulations.
2. B.
   Building Height Map. The CD District Building Height Map (see Sec. 7.10 Appendix B) and related regulations of this section shall control the heights of buildings within the CD District.

   1. 1.
      Height Zones. The Building Height Map divides the CD District into the seven (7) height zones listed below:

      1. a.
         Corridor 5/5-0/5: Nonresidential - Five Stories allowed By-Right and Five Stories maximum; Mixed Use or Residential – 0 Stories allowed By-Right and up to Five Stories per Rezoning.
      2. b.
         2/5: Two Stories By-Right and up to Five Stories per Rezoning.
      3. c.
         3/3: Three Stories By-Right and Three Stories maximum.
      4. d.
         3/4: Three Stories By-Right and up to Four Stories per Rezoning.
      5. e.
         3/5: Three Stories By-Right and up to Five Stories per Rezoning.
      6. f.
         4/4: Four Stories By-Right and Four Stories Maximum
      7. g.
         Intersection Building Nodes where a minimum of Three Stories are required.
   2. 2.
      Buildings. For the building height zones designated on the Building Height Map, buildings shall comply with Sec. 7.10.8 Height Zones.
3. C.
   Streetscape. Sec. 7.10.11 Streetscape Requirements shall control improvements to streets and alleys within the CD District.

Effective on: 1/1/1901

1. A.
   The following table outlines the siting specifications for areas delineated on the CD District Map.

Crescent Design District Map

	Residential Frontage	Commercial or Mixed Use Frontage
Required Build-to Line	A minimum of sixty-six percent (66%) of the frontage length shall be occupied by principal building facades along the Required Build-to Line, as listed in Sec. 7.10.4.C.	A minimum of sixty-six percent 66% of the frontage length shall be occupied by principal building facades along the Required Build-to Line, as listed in Sec. 7.10.4.C.
Side Yard	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9.	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9.
Rear Yard	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9. There shall be no rear yard setback requirement from parking structures.	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9. There shall be no rear yard setback requirement from parking structures.
Parking and Loading Areas	Parking shall be permitted in the rear yard and the side yard behind the Parking Setback Line, as listed in Sec. 7.10.4.C. Off-street parking shall not be permitted in the front yard.	Parking shall be permitted in the rear yard and the side yard behind the Parking Setback Line, as listed in Sec. 7.10.4.C. Off-street parking shall not be permitted in the front yard. Loading shall be permitted only in the rear yard or internal loading bays not visible from the street.
Garages and Accessory Buildings	Attached garages shall have doors for automobiles that do not face the street. Attached garages shall meet the dimensional requirements of the principal building. Accessory buildings, including detached garages, shall be located only in the rear yard. Accessory buildings shall be setback a minimum of 3 feet from the rear and side lot lines. Garages and parking structures with vehicular access onto alleys shall be set back from the alley easement by at least 3 feet. Accessory buildings shall be separated a minimum of 10 feet from the principal building, unless otherwise permitted by the building code. Accessory buildings shall meet the requirements of Sec. 7.10.6.L Accessory Buildings. Parking structures shall comply with the requirements of Sec. 7.10.6.K Parking Structures. Accessory structures, where applicable, shall comply with the requirements of Secs. 7.10.4.G Buildings on Lots Abutting Residences and H. Structures on Lots Abutting the Public Open Space.	Attached garages shall have doors for automobiles that do not face the street. Attached garages and parking structures shall meet the dimensional requirements of the principal building. Accessory buildings, including detached garages, shall be located only in the rear yard. Accessory buildings shall be setback a minimum of 3 feet from the rear and side lot lines. Garages and parking structures with vehicular access onto alleys shall be set back from the alley easement by at least 3 feet. Accessory buildings shall be separated a minimum of 10 feet from the principal building unless otherwise permitted by the building code. Accessory buildings shall meet the requirements of Sec. 7.10.6.L Accessory Buildings. Parking structures shall comply with the requirements of Sec. 7.10.6.K Parking Structures. Accessory structures, where applicable, shall comply with the requirements of Secs. 7.10.4.G Buildings on Lots Abutting Residences and H Structures on Lots Abutting the Public Open Space.

	Residential Frontage	Commercial or Mixed Use Frontage
Required Build-to Line	A minimum of sixty-six percent (66%) of the frontage length shall be occupied by principal building facades along the Required Build-to Line, as listed in Sec. 7.10.4.C.	A minimum of sixty-six percent 66% of the frontage length shall be occupied by principal building facades along the Required Build-to Line, as listed in Sec. 7.10.4.C.
Side Yard	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9.	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9.
Rear Yard	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9. There shall be no rear yard setback requirement from parking structures.	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9. There shall be no rear yard setback requirement from parking structures.
Parking and Loading Areas	Parking shall be permitted in the rear yard and the side yard behind the Parking Setback Line, as listed in Sec. 7.10.4.C. Off-street parking shall not be permitted in the front yard.	Parking shall be permitted in the rear yard and the side yard behind the Parking Setback Line, as listed in Sec. 7.10.4.C. Off-street parking shall not be permitted in the front yard. Loading shall be permitted only in the rear yard or internal loading bays not visible from the street.
Garages and Accessory Buildings	Attached garages shall have doors for automobiles that do not face the street. Attached garages shall meet the dimensional requirements of the principal building. Accessory buildings, including detached garages, shall be located only in the rear yard. Accessory buildings shall be setback a minimum of 3 feet from the rear and side lot lines. Garages and parking structures with vehicular access onto alleys shall be set back from the alley easement by at least 3 feet. Accessory buildings shall be separated a minimum of 10 feet from the principal building, unless otherwise permitted by the building code. Accessory buildings shall meet the requirements of Sec. 7.10.6.L Accessory Buildings. Parking structures shall comply with the requirements of Sec. 7.10.6.K Parking Structures. Accessory structures, where applicable, shall comply with the requirements of Secs. 7.10.4.G Buildings on Lots Abutting Residences and H. Structures on Lots Abutting the Public Open Space.	Attached garages shall have doors for automobiles that do not face the street. Attached garages and parking structures shall meet the dimensional requirements of the principal building. Accessory buildings, including detached garages, shall be located only in the rear yard. Accessory buildings shall be setback a minimum of 3 feet from the rear and side lot lines. Garages and parking structures with vehicular access onto alleys shall be set back from the alley easement by at least 3 feet. Accessory buildings shall be separated a minimum of 10 feet from the principal building unless otherwise permitted by the building code. Accessory buildings shall meet the requirements of Sec. 7.10.6.L Accessory Buildings. Parking structures shall comply with the requirements of Sec. 7.10.6.K Parking Structures. Accessory structures, where applicable, shall comply with the requirements of Secs. 7.10.4.G Buildings on Lots Abutting Residences and H Structures on Lots Abutting the Public Open Space.

	Residential Frontage	Commercial or Mixed Use Frontage
Required Build-to Line	A minimum of sixty-six percent (66%) of the frontage length shall be occupied by principal building facades along the Required Build-to Line, as listed in Sec. 7.10.4.C.	A minimum of sixty-six percent 66% of the frontage length shall be occupied by principal building facades along the Required Build-to Line, as listed in Sec. 7.10.4.C.
Side Yard	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9.	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9.
Rear Yard	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9. There shall be no rear yard setback requirement from parking structures.	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9. There shall be no rear yard setback requirement from parking structures.
Parking and Loading Areas	Parking shall be permitted in the rear yard and the side yard behind the Parking Setback Line, as listed in Sec. 7.10.4.C. Off-street parking shall not be permitted in the front yard.	Parking shall be permitted in the rear yard and the side yard behind the Parking Setback Line, as listed in Sec. 7.10.4.C. Off-street parking shall not be permitted in the front yard. Loading shall be permitted only in the rear yard or internal loading bays not visible from the street.
Garages and Accessory Buildings	Attached garages shall have doors for automobiles that do not face the street. Attached garages shall meet the dimensional requirements of the principal building. Accessory buildings, including detached garages, shall be located only in the rear yard. Accessory buildings shall be setback a minimum of 3 feet from the rear and side lot lines. Garages and parking structures with vehicular access onto alleys shall be set back from the alley easement by at least 3 feet. Accessory buildings shall be separated a minimum of 10 feet from the principal building, unless otherwise permitted by the building code. Accessory buildings shall meet the requirements of Sec. 7.10.6.L Accessory Buildings. Parking structures shall comply with the requirements of Sec. 7.10.6.K Parking Structures. Accessory structures, where applicable, shall comply with the requirements of Secs. 7.10.4.G Buildings on Lots Abutting Residences and H. Structures on Lots Abutting the Public Open Space.	Attached garages shall have doors for automobiles that do not face the street. Attached garages and parking structures shall meet the dimensional requirements of the principal building. Accessory buildings, including detached garages, shall be located only in the rear yard. Accessory buildings shall be setback a minimum of 3 feet from the rear and side lot lines. Garages and parking structures with vehicular access onto alleys shall be set back from the alley easement by at least 3 feet. Accessory buildings shall be separated a minimum of 10 feet from the principal building unless otherwise permitted by the building code. Accessory buildings shall meet the requirements of Sec. 7.10.6.L Accessory Buildings. Parking structures shall comply with the requirements of Sec. 7.10.6.K Parking Structures. Accessory structures, where applicable, shall comply with the requirements of Secs. 7.10.4.G Buildings on Lots Abutting Residences and H Structures on Lots Abutting the Public Open Space.

	Residential Frontage	Commercial or Mixed Use Frontage
Required Build-to Line	A minimum of sixty-six percent (66%) of the frontage length shall be occupied by principal building facades along the Required Build-to Line, as listed in Sec. 7.10.4.C.	A minimum of sixty-six percent 66% of the frontage length shall be occupied by principal building facades along the Required Build-to Line, as listed in Sec. 7.10.4.C.
Side Yard	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9.	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9.
Rear Yard	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9. There shall be no rear yard setback requirement from parking structures.	See applicable Density/Intensity and Dimensional Standards of Sec. 7.10.9. There shall be no rear yard setback requirement from parking structures.
Parking and Loading Areas	Parking shall be permitted in the rear yard and the side yard behind the Parking Setback Line, as listed in Sec. 7.10.4.C. Off-street parking shall not be permitted in the front yard.	Parking shall be permitted in the rear yard and the side yard behind the Parking Setback Line, as listed in Sec. 7.10.4.C. Off-street parking shall not be permitted in the front yard. Loading shall be permitted only in the rear yard or internal loading bays not visible from the street.
Garages and Accessory Buildings	Attached garages shall have doors for automobiles that do not face the street. Attached garages shall meet the dimensional requirements of the principal building. Accessory buildings, including detached garages, shall be located only in the rear yard. Accessory buildings shall be setback a minimum of 3 feet from the rear and side lot lines. Garages and parking structures with vehicular access onto alleys shall be set back from the alley easement by at least 3 feet. Accessory buildings shall be separated a minimum of 10 feet from the principal building, unless otherwise permitted by the building code. Accessory buildings shall meet the requirements of Sec. 7.10.6.L Accessory Buildings. Parking structures shall comply with the requirements of Sec. 7.10.6.K Parking Structures. Accessory structures, where applicable, shall comply with the requirements of Secs. 7.10.4.G Buildings on Lots Abutting Residences and H. Structures on Lots Abutting the Public Open Space.	Attached garages shall have doors for automobiles that do not face the street. Attached garages and parking structures shall meet the dimensional requirements of the principal building. Accessory buildings, including detached garages, shall be located only in the rear yard. Accessory buildings shall be setback a minimum of 3 feet from the rear and side lot lines. Garages and parking structures with vehicular access onto alleys shall be set back from the alley easement by at least 3 feet. Accessory buildings shall be separated a minimum of 10 feet from the principal building unless otherwise permitted by the building code. Accessory buildings shall meet the requirements of Sec. 7.10.6.L Accessory Buildings. Parking structures shall comply with the requirements of Sec. 7.10.6.K Parking Structures. Accessory structures, where applicable, shall comply with the requirements of Secs. 7.10.4.G Buildings on Lots Abutting Residences and H Structures on Lots Abutting the Public Open Space.

2. B.
   Open Space. There shall be no lot size or setback requirements for lots designated Open Space on the CD District Map. The siting of improvements on a lot designated Open Space shall be appropriate for the natural features of the site and existing and planned uses in the vicinity of the Open Space lot.
3. C.
   Required Build-to Line and Parking Setback.

   1. 1.
      Location. The Required Build-to Line and the Parking Setback Line shall be interpreted to be parallel to the street at a specified distance measured from the centerline of the street, as follows:

1.  
   2. 2.
      Projections. Porches, stoops, steps, accessible ramps and other projections as established in Sec. 7.10.7.C may project forward of the Required Build-to Line within the frontage zone shown on the street cross sections contained in Sec. 7.10.11.A Streetscape Requirements.
   3. 3.
      Parking. Parking may be located forward of the rear yard for all Residential, Commercial or Mixed Use buildings, in the following instances:

      1. a.
         Surface Parking may be located in a side yard to the rear of the Parking Setback specified in Sec. 7.10.4.C.1, provided it is located behind a minimum 5-foot tall brick or stone wall that is constructed along the Required Build-to Line. The street wall may be interrupted for vehicle or pedestrian access ways.
      2. b.
         Parking Structures that comply with Sec. 7.10.6.I Parking Structures.
   4. 4.
      Parking Setbacks for lots immediately abutting public or private open space shall comply with the following:

      1. a.
         Front Lines Abut. For lots with front lines immediately abutting public or private open space, parking lots shall be set back behind the front façade of the principle building a distance equal to at least half the depth of the building. The buffer and screening required by Sec. 7.10.5.D.1 Parking Lot Landscaping may be located within that setback.
      2. b.
         Side/Rear Lines Abut. For lots with side or rear lines immediately abutting a public or private open space, or public open space or institutions outside of the CD District, parking lots shall be set back at least 20 feet. The buffer and screening required by Sec. 7.10.5.D.1 Parking Lot Landscaping may be located within that setback.

4. D.
   Exemptions from the Building Frontage Requirement. The Required Build-to Line specified in this section does not apply to the following situations:

   1. 1.
      Buildings to the Rear. Buildings that are located on the rear portion of a site behind other buildings complying with the Required Build to Line of Sec. 7.10.4.C Required Build-to Line and Parking Setback.
   2. 2.
      Civic/institutional buildings complying with Sec. 7.10.6.H. Civic and Institutional Buildings.
   3. 3.
      Front Line abuts Open Space. Lots with front lot lines immediately abutting open space that are deemed acceptable for this exemption by the Zoning Administrator, based upon:

      1. a.
         The appropriateness of the design of the open space for the vicinity;
      2. b.
         The total square footage of the open space;
      3. c.
         Hardscaping, landscaping and other amenities; and
      4. d.
         The finding that the open space does not subvert the intent of the Required Build-to Line.
   4. 4.
      Open Space/Phased. Portions of lots that are not proposed to be developed and will remain as open space or reserved for future development in accordance with Sec. 7.10.4.E. Phased Development.
5. E.
   Modification of the Building Frontage Requirement. The Building Frontage Requirement may be reduced through a modification approved by the Zoning Administrator to no less than fifty percent (50%) when:

   1. 1.
      Building as Screen. The proposed building has an “L” shape with the setback portion of the building used to provide open space.
   2. 2.
      Open Space Provided. The area of the Building Frontage Requirement that would have been occupied by the building itself shall be provided as public or private open space to a depth of at least 10 feet from the Required Build-to Line.
6. F.
   Phased Development. Certain requirements may be postponed to a later phase in a phased development, as stipulated by the Town Council in the case of a rezoning, or by the Zoning Administrator in the case of a Site Plan or Preliminary Subdivision Plat.

   1. 1.
      Phasing Plan. At the time of application, the property owner shall submit a Concept Plan, Site Plan or Preliminary Subdivision Plat that demonstrates how development shall meet requirements for required build-to lines, street walls, frontage improvements and parking. The Concept Plan, Site Plan or Subdivision Plat shall indicate locations for all proposed and future buildings, parking, circulation, landscaping, and other features fully complying with CD District regulations.
   2. 2.
      Principal Street. The initial building of a phased development plan shall address the Required Build-to Line of the principal abutting street.
   3. 3.
      Street wall. Based on the location of off-street parking, the Phased Development Plan, and existing development on adjacent properties, the requirement for a street wall in the side yard may also be phased.
   4. 4.
      Structures on Lots Abutting the Public Open Space. Principal and accessory buildings and parking structures constructed on lots that share a side or rear lot line with Public Open Space shall be set back from the property line a distance of at least ten (10) feet. However, for principal buildings and parking structures proposed at the Required Build-to Line of Catoctin Circle, Harrison Street or the urban boulevard, the setback from the Public Open Space shall be at least 20 feet.

Effective on: 1/1/1901

1. A.
   Parking. Each use shall be required to provide off-street parking in accordance with the requirements of Article 11, except as follows:

   1. 1.
      Maximum Number of Spaces. The parking requirements of Sec. 11.3 Number of Parking Spaces Required shall not be exceeded except when parking spaces are located in a parking structure. A modification of this regulation may be granted by the Zoning Administrator where it can be demonstrated that the provision of additional parking spaces benefits other properties and the intent of the CD District is not compromised.
   2. 2.
      On-Street Spaces Credit. On-street parking spaces located along the frontage of a lot on its side of the street shall be credited towards meeting the parking requirements for the uses on that lot. Such spaces shall not be reserved for the exclusive use of patrons or occupants of the lot but shall be available to the public.
   3. 3.
      Shared Parking for Nonresidential Uses. See Sec. 11.4.2 Shared Parking (Joint Use). A walkway(s) is required from the shared parking area to the sidewalk(s) along abutting street(s) that front the principal buildings served by the parking area.
   4. 4.
      Shared Parking for Mixed Uses. See Sec. 11.4.5 Shared Parking (Mixed Use).
   5. 5.
      B-1 District Parking Standards. The B-1 District parking standards for retail, office, and restaurant outdoor seating may be used to calculate required parking as follows:

      1. i.
         Office: 1.0 space per 400 square feet gross floor area;
      2. ii.
         Retail: 1.0 space per 285 square feet gross floor area;
      3. iii.
         Eating Establishment: First 20 outdoor seats require no parking; thereafter, 1.0 space per every four outdoor seats.
   6. 6.
      Tandem Parking. Tandem parking (double-length perpendicular parking with one space in front of the other) integral to the dwelling unit may be used to meet required parking for Townhouse and 2-over-2 residential units.
2. B.
   Bicycle Facilities. All parking structures and parking lots shall provide sufficient bike parking based on a minimum of one (1) bike space for every 10 automobiles up to a maximum of 10 bike spaces. Wherever possible, such bicycle parking shall be located with visibility by on-site security personnel, building occupants or the general public; with convenient pedestrian access to the sidewalk; and with shelter from inclement weather.
3. C.
   Loading. Off-street loading spaces shall be provided meeting all requirements of Sec. 11.9. Number of Off-Street Loading Spaces Required except that no more than one (1) loading space shall be required for each use and multiple uses may share a loading space as provided for in Sec. 11.10.1 Shared Loading Spaces. Waivers of loading space requirements may also be granted in accordance with Sec. 11.10.2 Waiver/Modification of Loading Space Requirements.

   1. 1.
      Off street loading shall not be visible from the street. Loading areas not within loading bays shall be screened from any adjacent use by a six-foot (6’) tall brick wall.
   2. 2.
      On-street loading spaces located along the block frontage within 300 feet of the use may be credited towards meeting the loading requirements for that use. Such spaces shall not be reserved for the exclusive use of the lot but shall be available to all other uses on the block frontage. Right-of-way permits shall be obtained from the Town for all on-street loading spaces.
4. D.
   Landscaping and Screening. Landscaping and screening shall be provided for in accordance with Article 12 Tree Preservation, Landscaping, Screening, Open Space and Outdoor Lighting, as follows:

   1. 1.
      Parking Lot Landscaping. Parking lots in the CD District are exempt from the requirements for perimeter and interior parking lot landscaping of Sections 12.5 and 12.6, except as noted in the following paragraphs.

      1. a.
         Parking Buffer. Along a lot with a side or rear lot line, a planting buffer a minimum of five feet (5’) in width excluding vehicle overhang at least one medium canopy or understory tree for every thirty-five feet (35’) of shared lot line and at least one shrub, having a minimum height of 18 inches, for every four feet (4’) of shared lot line shall be provided on the perimeter of the parking lot. Alternatively, a 5-foot (5’) tall brick screening wall with a 5-foot (5’) wide landscape buffer yard and shrubs planted as stated above along the outside of the wall may be substituted for the landscaped setback.
   2. 2.
      Buffers and Screening. Sec. 12.8 Buffers and Screening requirements shall apply to the CD District, as follows:

      1. a.
         Where Required. A site located inside the perimeter of the CD District which immediately abuts a residential zoning district outside of the CD District shall be required to meet the requirements of Sec. 12.8 Buffers and Screening or provide a twenty-foot (20’) buffer, whichever is less. A modification of this regulation may be granted by the Zoning Administrator when it can be adequately demonstrated that sufficient screening to meet the intent of Sec. 12.8 has been provided through architectural and site design techniques.
      2. b.
         Waste/Recycling Receptacles. Waste/recycling receptacles shall not be visible from the street and shall be located in the rear yard or internal to the building. Outside waste/recycling receptacles shall be enclosed by a six-foot (6’) tall wall constructed of brick or other masonry material matching the primary building material that meets the requirements of Sec. 12.8.8 Dumpster Screening.

3. C.
   Loading. Off-street loading spaces shall be provided meeting all requirements of Sec. 11.9. Number of Off-Street Loading Spaces Required except that no more than one (1) loading space shall be required for each use and multiple uses may share a loading space as provided for in Sec. 11.10.1 Shared Loading Spaces. Waivers of loading space requirements may also be granted in accordance with Sec. 11.10.2 Waiver/Modification of Loading Space Requirements.

   1. 1.
      Off street loading shall not be visible from the street. Loading areas not within loading bays shall be screened from any adjacent use by a six-foot (6’) tall brick wall.
   2. 2.
      On-street loading spaces located along the block frontage within 300 feet of the use may be credited towards meeting the loading requirements for that use. Such spaces shall not be reserved for the exclusive use of the lot but shall be available to all other uses on the block frontage. Right-of-way permits shall be obtained from the Town for all on-street loading spaces.
4. D.
   Landscaping and Screening. Landscaping and screening shall be provided for in accordance with Article 12 Tree Preservation, Landscaping, Screening, Open Space and Outdoor Lighting, as follows:

   1. 1.
      Parking Lot Landscaping. Parking lots in the CD District are exempt from the requirements for perimeter and interior parking lot landscaping of Sections 12.5 and 12.6, except as noted in the following paragraphs.

      1. a.
         Parking Buffer. Along a lot with a side or rear lot line, a planting buffer a minimum of five feet (5’) in width excluding vehicle overhang at least one medium canopy or understory tree for every thirty-five feet (35’) of shared lot line and at least one shrub, having a minimum height of 18 inches, for every four feet (4’) of shared lot line shall be provided on the perimeter of the parking lot. Alternatively, a 5-foot (5’) tall brick screening wall with a 5-foot (5’) wide landscape buffer yard and shrubs planted as stated above along the outside of the wall may be substituted for the landscaped setback.
   2. 2.
      Buffers and Screening. Sec. 12.8 Buffers and Screening requirements shall apply to the CD District, as follows:

      1. a.
         Where Required. A site located inside the perimeter of the CD District which immediately abuts a residential zoning district outside of the CD District shall be required to meet the requirements of Sec. 12.8 Buffers and Screening or provide a twenty-foot (20’) buffer, whichever is less. A modification of this regulation may be granted by the Zoning Administrator when it can be adequately demonstrated that sufficient screening to meet the intent of Sec. 12.8 has been provided through architectural and site design techniques.
      2. b.
         Waste/Recycling Receptacles. Waste/recycling receptacles shall not be visible from the street and shall be located in the rear yard or internal to the building. Outside waste/recycling receptacles shall be enclosed by a six-foot (6’) tall wall constructed of brick or other masonry material matching the primary building material that meets the requirements of Sec. 12.8.8 Dumpster Screening.
      3. c.
         Ground-Mounted Mechanical Equipment. Ground-mounted and mechanical equipment shall be located in the side or rear yard. Screening shall be required for any ground-mounted mechanical equipment in the form of a brick or other masonry wall or shrub plantings that obscure visibility of the equipment from any street, plaza, green or park. The use of roof-mounted mechanical equipment is the preferred alternative screened in accordance with Sec. 7.10.6.M Mechanical Equipment.
   3. 3.
      Twenty-year Tree Canopy. The tree canopy requirements of Sec. 12.3 Twenty Year Tree Canopy Requirements shall apply to the CD District; a minimum ten percent (10%) tree canopy shall be required in the CD District. Street trees and trees in bump outs in parking lanes along a property’s frontage qualify toward the tree planting credit of Sec. 12.3.2 Calculations and Exceptions.
5. E.
   Outdoor Lighting. The requirements of Sec. 12.11 Outdoor Lighting shall apply, except that light poles shall be no higher than fifteen feet (15’) anywhere within the CD District.
6. F.
   Modifications. An applicant may seek modifications to the design requirements of this section in accordance with Sec. 7.10.12.B Modifications Requiring Planning Commission or Town Council Approval.
7. G.
   Useable Open Space/Amenity Area. This section is intended to provide appropriate open space and amenity areas for each development within the CD District. The requirements of this section permit flexibility in order to provide uniquely designed spaces that enhance the character of the district and provide meaningful, useable open areas within the CD District.

   1. 1.
      Useable Open Space Defined. For the purpose of the CD District, useable open space shall be considered as any natural or landscaped area consisting of at least 300 square feet which is integrated within the design of the development.
   2. 2.
      Amenity Area defined. For the purpose of the CD District, amenity areas shall be considered as landscaped or hardscaped areas which are integrated within the design of the development.
   3. 3.
      Applicability.

      1. a.
         Residential Development: For developments that include 25 or more dwelling units, useable open space and or outdoor amenity areas are required. However, all residential development is encouraged to provide useable open space.
      2. b.
         Commercial Development: All commercial development shall include useable open space and outdoor amenity areas.
   4. 4.
      Area Requirements.

1.  
   5. 5.
      Examples. Permitted open space and amenity features include but are not limited to:

      1. a.
         Greens or squares. An informal area used to provide gathering areas, usually with a vegetative surface and an emphasis on natural design.
      2. b.
         Plazas. A more formal area used for passive purposes adjacent or between building entrances.
      3. c.
         Pocket Parks. Small informal areas used to provide passive open space with an emphasis on pedestrian connectivity.
      4. d.
         Playgrounds. Large active recreation areas containing multiple activities and a play structure(s).
      5. e.
         Linear Park. A narrow pedestrian corridor with an emphasis on aesthetically pleasing landscaping, providing pedestrian linkages.
      6. f.
         Green Roofs. A naturalized area located on flat roof tops.
      7. g.
         Developers Option. Other forms of open space or amenity areas which demonstrate to the satisfaction of the Zoning Administrator that the intent of the section has been satisfied.
   6. 6.
      Design Requirements.

      1. a.
         Open space and Amenity Areas shall be a minimum of 300 square feet in size to be credited toward the overall required amount.
      2. b.
         Squares and Plazas should have nearly identical side dimensions, resulting in a “square” shape.
      3. c.
         Squares and Plazas shall provide benches or seating walls.
      4. d.
         Greens should be sized so that the width is no less than have the length.
      5. e.
         Open Space areas shall provide a minimum of fifty percent (50%) canopy coverage. Canopy coverage shall be calculated using the tree-spread found in Tables 12.9.6.C, 12.9.6.D, and 12.9.6.F. The landscaping plan shall demonstrate compliance with this requirement.
      6. f.
         Amenity Areas shall be designed to provide at least fifty percent (50%) of the area in a “shaded” condition. This can be accomplished with landscaping or structures such as a pergola.
      7. g.
         Play Structures shall be located no closer than twenty-five feet (25’) to a residential unit and shall be shaded from afternoon sun by medium canopy trees.
   7. 7.
      Exclusions. The following elements are excluded as useable open space or amenity areas:

      1. a.
         Buffer yards less than ten feet (10’) in width.
      2. b.
         Stairs or ramps providing access to buildings on or off-site.
      3. c.
         Area of steep slopes or slopes greater than 4:1.
      4. d.
         Structural stormwater management devices.

Effective on: 1/1/1901

This section outlines the building design requirements for the Crescent Design (CD) District. Building design in the CD District is intended to reflect and incorporate traditional architectural design elements found in Leesburg’s Downtown. The intent is not to require a specific style, but to ensure compatibility in architectural character as development transitions away from the H-1, Overlay, Old and Historic District. Generally, buildings closer to the Old and Historic District should reflect the historic architectural character of the Old and Historic District, with more flexibility in architectural character and design allowed farther away. Flexibility within this described range shall be considered for features such as roof pitch, ratio of windows to walls, massing, scale, building materials, color and proportions, alignment and rhythm of façade elements. The number of these features which may be adjusted on any one building shall also be considered when determining acceptable flexibility.

1. A.
   Building Typology. Buildings are organized into the following general categories: residential (R), commercial (C), mixed use (MU) and government (G).
2. B.
   Building Orientation. Buildings shall relate to the street or open space to which they abut. Entrances shall be provided to ensure convenient access to public roads, sidewalks, and adjacent parking and buildings.
3. C.
   Building Mass. Buildings shall be designed to minimize the impact of their overall mass and to provide a human scale. Unless specifically modified by this article, all building types shall exhibit the following mass refining characteristics:
4. D.
   Existing Patterns. Building massing shall respect traditional patterns.

   1. 1.
      Volume. Building massing shall be arranged to reduce perceived massiveness.
   2. 2.
      Vertical Articulation. The perceived height of a wall plane or building mass shall be reduced by providing vertical articulation.
   3. 3.
      Break Up Walls. Divide large wall planes into smaller components by changing the arrangement of windows and other façade articulation features.
   4. 4.
      Additional Techniques. Additional techniques that may be used to achieve a human scale include:

      1. a.
         Define a rhythm and pattern for windows, columns, and other architectural features.
      2. b.
         Use similar interior and exterior floor to ceiling heights.
      3. c.
         Examples of techniques that are used to achieve a human scale include, but are not limited to, building upper-story step-back, varied wall surfaces and varied heights at regular widths.
5. E.
   Building Elements. Unless specifically modified by this article, all building types shall exhibit the following building elements:

   1. 1.
      Roof Form. Buildings shall provide one or more of the following roof types:

      1. a.
         Gabled roof, which may include reverse gables, window dormers, and variety in pitch.
      2. b.
         Hipped roof.
      3. c.
         Mansard roof, which may include window dormers.
      4. d.
         Pitched roof, which may include wall dormers, window dormers, and variety in pitch.
      5. e.
         Shed or Flat roofs, which shall include decorative features such as a parapet (cornice, entablature, and coping). At a minimum, flat-roofed buildings shall have a decorative cornice and the flat roof shall be enclosed by a parapet.
      6. f.
         Vents, Skylights, or Solar Panels which shall be placed inconspicuously.
   2. 2.
      Roof Decoration.

      1. a.
         Overhang.

         1. 1.
            Eaves must overhang a minimum of 18 inches on the primary stricture.
         2. 2.
            Eaves and rakes on accessory buildings, dormers, and other smaller structures must overhang at least eight inches (8”).
         3. 3.
            Open eaves and simple traditional soffits and fascia are allowed.
         4. 4.
            Soffits shall be placed perpendicular to the building wall, not sloping in plane with the roof (except for gable end rakes).
         5. 5.
            Timber eaves and balcony brackets must be a minimum of five and one-half inches (5.5”) in dimension.
      2. b.
         Cornices and Other Features.

         1. 1.
            Buildings without visible roof surfaces and overhanging eaves may satisfy the overhang requirement with a cornice projecting horizontally between six inches (6”) and twelve inches (12”) beyond the building walls.
         2. 2.
            Overly elaborate designs are discouraged. However, ornamentation which contributes to the character of the building is encouraged (see Sec. 7.10 Appendix C for an illustration).
   3. 3.
      Walls.

      1. a.
         Primary Front Façade shall be defined as the primary building façade facing the street or common open space.
      2. b.
         Secondary Front Façade shall be defined as a secondary building façade which faces a street or common open space.
      3. c.
         Interior Front Façade shall be defined as a building façade which faces an interior street or common open space (see Sec. 7.10 Appendix C for an illustration).
      4. d.
         Secondary Interior Façade shall be defined as a building façade which does not face a street or common open space and is located within forty feet (40’) of the Required Build-to Line (see Sec. 7.10 Appendix C for an illustration).
   4. 4.
      Windows. The window sash, frame, and architectural details that surround the window are significant character defining features of many buildings.

      1. a.
         Openings. Openings for windows shall not be flush with the wall.
      2. b.
         In Context. Window types and glazing patterns should be in context with surrounding buildings.
      3. c.
         Shutters. Shutters must be sized for the window openings and mounted with appropriate hardware.
   5. 5.
      Entryways.

      1. a.
         Building Entrances not located within a recess or covered porch should be decorated by transom windows or sidelights, pediments, porticos, or similar architectural treatment.
      2. b.
         Forecourts are permitted where:

         1. 1.
            The width is greater than ten percent (10%) and less than forty percent (40%) of the width of the overall building, and
         2. 2.
            The depth is greater than ten percent (10%) and less than forty percent (40%) of the depth of the overall building.
   6. 6.
      Design Expression. Buildings should reflect the historic architectural character of the Old and Historic District. Building elements such as roof pitch, ratio of windows to walls, as well as massing, scale, building materials, color and proportions, alignment and rhythm of façade elements shall be considered to determine compliance with the intent of this section. Unless specifically modified by this article, design expression shall be defined by the following:

      1. a.
         Cohesiveness. The overall design of a building shall be harmonious as opposed to a random collection of non-integrated architectural elements.
      2. b.
         Traditional Hierarchy. Buildings shall reflect a traditional hierarchy demonstrated by a discernible base, middle and cap.
      3. c.
         Corporate Architecture. Trademark buildings – those which have a distinctive exterior appearance readily identified with a franchise or chain business - do not necessarily reflect the historic building character of Leesburg. Such buildings must be modified to include traditional Leesburg design, color and use of materials.
   7. 7.
      Foundation Walls. Defined as the portion of the building located between the finished grade and the first floor, if exposed, shall be of a masonry or stone appearance. Smooth surfaced concrete masonry units must be covered by a veneer.
6. F.
   Corner Buildings and Terminating Views. Buildings situated at a street corner and at the terminating view of a street shall be designed so that the architecture incorporates accents and details that accentuate its prominent location.

   1. 1.
      Form. Chamfered or Round building corners are encouraged at street intersections.
   2. 2.
      Entrances. A main pedestrian entrance for a corner building shall be either at the corner of the building in a chamfered design or on each building façade within twelve feet (12’) of the corner. See also Sec. 7.10.8.D.2 regarding a permissible height increase of five feet (5’) for this building type.
   3. 3.
      Corner Lot. For a corner lot, the building shall be deemed to have one (1) primary front façade and one (1) secondary front façade (see Sec. 7.10 Appendix C for an illustration).
7. G.
   Residential Building Design Specifications

   1. 1.
      Types. Residential buildings include single family detached, single family attached and multifamily buildings.
   2. 2.
      Pedestrian entrances.

      1. a.
         Primary Entrance. The primary building entrance must be located along the street or common open space that the building fronts on.
      2. b.
         Accentuation. Entryways shall be designed to accentuate the primary entrance.
      3. c.
         Not at Grade. Entrances are not permitted to be at grade, and shall include at least one (1) step.
   3. 3.
      Massing. Changes in horizontal or vertical plane, bay windows, balconies, covered or recessed porches or stoops, porticos, or ornamentation to accentuate the horizontal plane shall be used to de-emphasize the massing of a residential building.
   4. 4.
      Windows. At least twenty-five percent (25%) of the primary and secondary front façades shall be composed of glass.
   5. 5.
      Garages. Garage doors shall not be located on the primary front façade of the building. No single family attached units shall have front-loaded driveways or garages.
   6. 6.
      Porches.

      1. a.
         Single Family Detached. Fifty percent (50%) of the single family detached buildings facing the street or common open space shall include a porch or portico having a minimum area of forty-eight (48) square feet and a minimum depth of six (6) feet. The porch shall project a minimum of two (2) feet beyond the façade.
      2. b.
         Single Family Attached (Townhouse). Fifty percent (50%) of the single family attached buildings facing the street or common open space shall include a porch or portico having a minimum area of twenty-four (24) square feet and a minimum depth of four (4) feet. The porch shall project a minimum of two (2) feet beyond the façade.
   7. 7.
      Roof Form.

      1. a.
         Single Family Detached buildings shall have a pitched roof.
      2. b.
         Single Family Attached and Multifamily buildings may have a pitched, flat or shed roof.
      3. c.
         Dormer Windows. Any grouping of single family attached buildings shall include dormer windows for a minimum of 50 percent (50%) of the buildings in each grouping of buildings.
   8. 8.
      Materials. See Section 7.10.7.A Building Materials.
8. H.
   Commercial Building Design Specifications

   1. 1.
      Types. Commercial buildings are either a General Urban (GU) building or Storefront (SF) building. Both building types are defined as a building that contains non-residential/commercial uses.
   2. 2.
      General Requirements.

      1. a.
         General Urban Buildings. This building type is intended to resemble traditional office/mixed use buildings in the Old and Historic District. Walls that face a street or public or private open space shall include windows and architectural features customarily found on traditional commercial building fronts, which include but are not limited to, awnings, cornice work, edge detailing or decorative finish materials.
      2. b.
         Storefront Buildings. This building type is intended to resemble traditional retail/mixed use buildings found in the Old and Historic District. Storefront buildings shall be designed to create a distinct and separated ground floor area through the use of accent such as a string course, change in material or textures, or an awning or canopy between the first and second stories. Ground floors shall be designed with storefronts that have windows, doorways and signage, which are integrally designed and painted.
      3. c.
         Retail Tenant Size Limitation. No single retail tenant shall occupy more than 50,000 gross square feet of space in a single building.
   3. 3.
      Pedestrian Entrance.

      1. a.
         General Urban buildings are required to provide one (1) pedestrian entrance for every fifty feet (50’) of building frontage. Entrances shall have design details that enhance the appearance and prominence of the entrance so that it is easily recognizable from the street or common open space.
      2. b.
         Storefront buildings are required to provide one entrance for every twenty-five feet (25’) of building frontage (not all of which must be operable). Entrances shall have design details that enhance the appearance and prominence of the entrance so that it is easily recognizable from the street or common open space.
      3. c.
         A Secondary Front Façade shall include at least one (1) pedestrian entrance.
      4. d.
         An Interior Secondary Façade shorter than sixty feet (60’) shall be exempt from providing a pedestrian entrance (see Sec. 7.10 Appendix C for an illustration).
   4. 4.
      Massing. Changes in horizontal or vertical plane, bay windows, balconies, covered or recessed porches or stoops, porticos, or ornamentation to accentuate horizontal plane shall be used to de-emphasize the massing of a commercial building.
   5. 5.
      Walls. Interior Front Façades located greater than forty feet (40’) from the Required Build-to Line shall not be subject to the architectural design controls of this section.
   6. 6.
      Windows/Doors.

      1. a.
         General Urban Building, Ground Floor. At least fifty percent (50%) of the ground floor primary front façade shall be composed of windows and doors. Windows shall be placed to occupy the space between two (2) feet and 10 feet above the outside grade (see Sec. 7.10 Appendix C for an illustration).
      2. b.
         Storefront Building, Ground Floor: At least seventy percent (70 %) of the ground floor primary front façade shall be composed of windows and doors. Windows shall be placed to occupy the space between two (2) feet and 10 feet above the outside grade (see Sec. 7.10 Appendix C for an illustration). The bottom of the ground floor window on the primary façade must be no more than two (2) feet above the adjacent exterior grade.
      3. c.
         Secondary Front Façade. Thirty percent (30%) of the ground level secondary front façade shall be composed of windows.
      4. d.
         Interior Secondary Façade. Ten percent (10%) of the ground level interior secondary façade shall be composed of windows. This requirement can be met with display windows that do not provide views of the interior of the building.
      5. e.
         Upper Stories. Upper story windows shall compose at least fifty percent (50%) of the facade and no greater than seventy percent (70%) of that portion of the façade, and shall be vertical in proportion.
      6. f.
         Ground Floor Minimum Height. The ground floor of all GU and SF buildings shall have a minimum fourteen-foot (14’) height, floor to floor.
      7. g.
         Materials. See Section 7.10.7.A Building Materials.
9. I.
   Mixed Use Commercial Building Design Specifications. This building type shall be a general urban or storefront building with residential dwelling units in the upper stories above the non-residential/commercial uses on the first or lower floors. Mixed Use Buildings shall meet the following additional requirements:

   1. 1.
      Pedestrian Entrances. Where a common access is not provided to upper stories, a separate entrance on the primary front façade shall be provided which should be decorated by transom windows or sidelights, pediments, porticos, or similar architectural treatment.
   2. 2.
      Windows. Upper story windows shall occupy at least fifty percent (50%) of that portion of the façade, and shall be vertical in proportion.
   3. 3.
      Ground Floor Minimum Height. The ground floor of all mixed use buildings shall have a minimum fourteen-foot (14’) height, floor to floor.
   4. 4.
      Green Roof. Green roofs are encouraged to meet stormwater quality and quantity management.
   5. 5.
      Materials. See Section 7.10.7.A Building Materials.
10. J.
    Drive-through Window Building Design Specifications. Buildings having this feature shall be required to meet the following specifications:

    1. 1.
       Building Type. Buildings having this feature are required to meet the general urban or storefront building specifications.
    2. 2.
       Windows. Faux widows are permitted on secondary front facades for a maximum of fifty percent (50%) of the required window requirement for general urban and storefront windows.
    3. 3.
       Use. Buildings are limited to one (1) drive-through window.
    4. 4.
       Location. The drive-through window shall be located on a secondary façade.
    5. 5.
       Height. A single-story building, with a minimum building height of twenty-five feet (25’), is permitted so long as the building has a pitched roof.
    6. 6.
       Number of Lanes. Buildings containing a drive-through window are limited to no more than two (2) lanes and are required to provide a pass-by lane.
    7. 7.
       Canopy. Canopies over the drive-through lanes shall have a pitched roof. The canopy height shall not exceed the height of the building. Support structures shall be constructed of brick or stone.
    8. 8.
       Materials. See Section 7.10.7.A Building Materials.
11. K.
    Service Station Building Design Specifications.

    1. 1.
       Type. These buildings are required to meet the storefront building specifications.
    2. 2.
       Windows. Faux widows are permitted on secondary front facades for a maximum of fifty percent (50%) of the required window requirement for general urban and storefront windows.
    3. 3.
       Location. For a building located on a corner, the secondary front façade shall occupy a minimum of fifty percent (50%) of the Required Build-to Line. An Applicant can request a modification of this requirement from the Land Development Official.
    4. 4.
       Height. These buildings are permitted to be a single-story building with a minimum height of twenty-five feet (25’) except in the Intersection Building Node areas shown on the Building Height Map.
    5. 5.
       Roof Form. These buildings are required to have a pitched roof.
    6. 6.
       Canopy. The roof of this structure shall have the same roof pitch as the principal building, but not exceeding the height of the principal building. The clear-height of the canopy shall not exceed fourteen feet (14’), measured from the finished grade to the lowest point of the canopy structure. Support structures shall be constructed of brick or stone.
    7. 7.
       Screening. The balance of the Required Build-to Line not used for building, or vehicular or pedestrian access shall be occupied by a four-foot (4’) tall masonry wall and is subject to the requirements of Sec. 7.10.6.A.5.
    8. 8.
       Fueling Pumps. Fueling pumps shall be located adjacent to a secondary building façade and located no closer than twenty-five feet (25’) to the Required Build-to Line.
    9. 9.
       Materials. See Section 7.10.7.A Building Materials.
12. L.
    Parking Structures Building Design Specifications. Where the parking structure is located in the interior of a block it shall be surrounded by buildings having a minimum depth of thirty feet (30’); the specifications in the following section do not apply. Parking structures located in the CD-MUR or CD-MUO Districts or fronting East Market Street, Catoctin Circle or Harrison Street shall be constructed to the Required Build-to Line and meet the following specifications:

    1. 1.
       Type. The ground floor façade shall be either general urban or storefront.
    2. 2.
       Vehicular Access. Openings for vehicular access shall be designed to provide the minimum access necessary for safe and adequate access.
    3. 3.
       Upper stories: Openings on stories above the ground floor shall be required to follow the window proportions in this ordinance.
    4. 4.
       Materials. See Section 7.10.7.A Building Materials.
13. M.
    Accessory Building Design Specifications.

    1. 1.
       Roof. The roof shall be designed with a roof pitch equal to or greater than the principal building.
    2. 2.
       Height. The height of an accessory building shall not exceed the height of the principal building or twenty-five feet (25’), whichever is less.
    3. 3.
       Materials. See Section 7.10.7.A Building Materials.
14. N.
    Mechanical Equipment. All rooftop HVAC and mechanical equipment shall be screened from view from all abutting streets and public or private open space. This shall be accomplished for pitched roofs by placing the equipment on the back half of the building or concealing the equipment within the roof structure. This shall be accomplished for flat roofs by limiting the area of the penthouse or screened area containing the equipment to no more than fifty percent (50%) of the area of the floor below and by setting the penthouse or screened area from the front and back facades of the building such that the top of the penthouse or screen is below a 45-degree line drawn from the bottom of the parapet. In addition, the penthouse or screen wall shall generally blend with the design of the building. Parapets shall match the primary building material of the facade below and shall blend with the design of the building in terms of color and scale.
15. O.
    Modifications. An applicant may seek a certain modification of this section in accordance with Sec. 7.10.12.B Modifications Requiring Planning Commission or Town Council Approval.

Effective on: 1/1/1901

1. A.
   Building Materials. All buildings shall contain quality building materials that are in keeping with the character of traditional buildings in Leesburg. Permitted materials for exterior walls (exclusive of windows and doors) that are directly visible from the street and public or private open space shall be limited to the following:

1.  
   1. 1.
      Definitions of Primary, Secondary and Trim Materials.

      1. a.
         Primary building material shall comprise at least seventy-five percent (75%) of the visible wall materials.
      2. b.
         Secondary and trim material, including such features as door trim, window trim, columns, cornice, decorative millwork, gable vents, louvers, moldings, pediments and string course, shall comprise no more than twenty-five percent (25%) of the visible wall materials. Wall area calculations are exclusive of windows and doors.
   2. 2.
      Glass. Glass areas on front facades shall be clear or lightly tinted. Lightly tinted shall be defined as window tint not containing a metallic material which allows greater than seventy percent (70%) visible light transmission. Mirrored glass is not permitted.
   3. 3.
      Colors. Colors should not be chosen so that the building functions as a sign; this includes colors identifiable with a franchise or chain business. However, such colors may be appropriate for accent, awnings and signs.
   4. 4.
      Green Roofs. Green roofs are encouraged to meet required best management practices.
   5. 5.
      Colored Roofing Materials. Colored roofing materials that have a high reflectance value are encouraged. Roofing materials should complement the building.
   6. 6.
      Screening Walls. Walls used for screening, including walls required by Sec. 7.10.4 for parking within side yards, in excess of twenty feet (20’) in length shall be articulated, with such features as projections/recessions (such as columns, pilasters, and paneling) and variable colors or details, at least every twenty feet (20’). The wall shall be capped and in a way that complements the design of the wall.

2. B.
   Awnings and Similar Features. Awnings, canopies and roofed structures over windows or entrances which give shade and shelter or add color and visual interest to the entry or building façade are permitted provided that the following conditions are met:

   1. 1.
      Projection. May project over a sidewalk; however, there must be a minimum eight-foot (8’) clearance from the sidewalk to the lowest portion of the structure.
   2. 2.
      Projection Minimum. Shall project a minimum of twenty-four inches (24”) away from the building façade to which they are attached.
   3. 3.
      Proportional. When placed above windows, doors or entrances, these features shall be proportional to the window, door or entrance over which they are positioned.
3.  
   4. 4.
      Materials. Awnings shall be constructed of durable materials such as canvas or like material that will not fade or tear easily. Plasticized, metal, rigid, cubed or curved awnings or mansard style canopies are prohibited.
   5. 5.
      Illumination. Awnings shall not be internally illuminated.
   6. 6.
      Awnings. Awnings shall not interfere with street trees.
4. D.
   Projections.

   1. 1.
      Types. The following projections into the Required Build-to Line setback are permitted:

      1. a.
         Bay Windows, when:

         1. i.
            Elevated above a finished floor; and
         2. ii.
            Where the extension projects no more than four feet (4’) from the principal building.
      2. b.
         Extensions of a finished floor at ground level when:

         1. i.
            The extension projects no more than four feet (4’) from the principal building
         2. ii.
            The extension does not constitute more than forty percent (40%) of the façade from which it is extended.
      3. c.
         Cantilever. A cantilevered portion of a building not extending more than two feet (2’) from the principal building.
      4. d.
         Display Windows. Display windows not projecting more than two feet (2’) from the principal building.
5. E.
   Modifications. An applicant may seek from the Planning Commission modifications to the design requirements of this section in accordance with Sec. 7.10.12.B Modifications Requiring Planning Commission or Town Council Approval.

Effective on: 1/1/1901

1. A.
   Building Height Zone Requirements. The following table details requirements for principal buildings in height zones designated by the Building Height Map.

   1. 1.
      Minimum Height and Stories Required. No portion of any building shall be less than the minimum stories required by the Building Height Map.

Building Height Map

Effective on: 1/1/1901

Uses are allowed in the CD District in accordance with the following tables.

1. A.
   [P] Permitted Uses. A “P” indicates that a use is permitted by right, subject to compliance with all other applicable regulations of this Zoning Ordinance.
2. B.
   [S] Special Exception Uses. An “S” indicates that a use is allowed only if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4.
3. C.
   [R] Rezoning Uses. An “R” indicates that a use is only allowed in accordance with the Rezoning Procedures of Sec. 3.4.
4. D.
   Uses Not Allowed. A blank cell (one that doesn’t contain an “S” or “P”) indicates that the listed use is not allowed in the areas as depicted on the CD District Map.
5. E.
   Compliance. Uses shall comply with the applicable sections referenced under the Use Standards column of the Use Table.

Effective on: 1/1/1901

Effective on: 1/1/1901

The following uses are permitted in the CD-RM District as indicated in the table:

Effective on: 1/1/1901

All development in the CD-RM District shall be subject to the following standards:

Effective on: 1/1/1901

Effective on: 1/1/1901

The following uses are permitted in the CD-RH District as indicated in the table:

Effective on: 1/1/1901

All development in the CD-RH District shall be subject to the following standards:

Effective on: 1/1/1901

Effective on: 1/1/1901

The following uses are permitted in the CD-MUR District as indicated in the table:

Effective on: 1/1/1901

The following uses are permitted in the CD-MUR District as indicated in the table:

Effective on: 1/1/1901

Effective on: 1/1/1901

The following uses are permitted in the CD-C District as indicated in the table:

Effective on: 1/1/1901

All development in the CD-C District shall be subject to the following standards:

Effective on: 1/1/1901

Effective on: 1/1/1901

The following uses are permitted in the CD-MUO District as indicated in the table:

Effective on: 1/1/1901

All development in the CD-MUO District shall be subject to the following standards:

Effective on: 1/1/1901

Effective on: 1/1/1901

The following uses are permitted in the CD-I District as indicated in the table:

Effective on: 1/1/1901

All development in the CD-I District shall be subject to the following standards:

Effective on: 1/1/1901

Effective on: 1/1/1901

The following uses are permitted in the CD-OS District as indicated in the table:

Effective on: 1/1/1901

All development in the CD-OS District shall be subject to the following standards:

Effective on: 1/1/1901

Effective on: 1/1/1901

The following uses are permitted in the CD-CC District as indicated in the table:

Effective on: 1/1/1901

All development in the CD-CC District shall be subject to the following standards:

Effective on: 1/1/1901

1. A.
   Boundary Determined. The boundary of the CD-CC shall be determined as described below.

   1. 1.
      Catoctin Circle. The boundary of the CD-CC along Catoctin Circle shall be defined by offsetting from the surveyed centerline of the street 300 feet from the intersection of Catoctin Circle and South King Street extending north and east to the intersection of Catoctin Circle and East Market Street, and as conceptually depicted on the Official Zoning Map. The boundary edges at the intersecting streets shall form intersecting corners.
   2. 2.
      East Market Street. The boundary of the CD-CC along East Market Street shall be defined by offsetting from the surveyed centerline of the street 300 feet from the intersection of East Market Street and Catoctin Circle extending east to the boundary of the Crescent Design District, and as conceptually depicted on the Official Zoning Map. The boundary edges at the intersecting streets shall form intersecting corners.
2. B.
   Information on Rezoning Plat. Per Sec. 3.3.6 Submittal Requirements, the Rezoning Plat submitted as part of a rezoning request shall depict the surveyed centerline of the street and dimension the 300 feet setback to establish the boundary of the CD-CC District.

Effective on: 1/1/1901

1. A.
   Building Height. For buildings that cross the CD-CC District boundaries, only that area of the building lying within the CD-CC District boundary shall be permitted the maximum permitted building height.
2. B.
   Residential Parking. At least fifty percent (50%) of the required parking for residential units shall be hidden from plain sight; i.e., covered by a cantilevered portion of the building or located within a structured parking facility.

Effective on: 1/1/1901

1. A.
   Approval Criteria for Increased Density and/or Height. When considering a rezoning request to increase the number of stories or the residential density of a proposed project the Planning Commission and the Town Council shall use the following criteria, in addition to the criteria set forth in Section 3.3.15 Approval Criteria and other reasonable considerations, in making their decision regarding approval or disapproval of a rezoning application.

   1. 1.
      General Criteria: Additional Development (Public) Benefits. Residential density and height shall not exceed the base density and stories allowed unless the Town Council finds that the proposed development offers “additional development benefits”. If the Town Council finds that additional development (public) benefits will be provided, additional density and stories may be approved by the Town Council. In order to approve the additional density or height, the Town Council, in its sole discretion, must find that the proposal offers additional development benefits to the public health, safety and welfare to offset the requested height and density by providing three (3) or more of the following additional development benefits:

      1. a.
         Innovative Design. A substantial contribution to the character of the Town. Examples of innovative design include: significant provision of open space and landscaping, superior use of building materials and design, and provision of public art.
      2. b.
         Public Facilities. A net positive impact on the availability of public facilities and services to the Town.
      3. c.
         Historic Preservation. Appropriate use of a Town Plan designated historic structure or site.
      4. d.
         Mixed-Use. The provision of employment opportunities in close proximity to or in the same buildings as residential uses. Also, guarantees that development of nonresidential portions will occur prior to or concurrently with residential portions.
      5. e.
         Parking Structure. A multi-level parking structure or underground parking is provided, with parking available to the public.
      6. f.
         Environmentally Advanced Design. Leadership in Energy and Environmental Design (LEED) building or neighborhood design, accredited based upon the rating system of the United States Green Building Council, with a silver or higher rating.
      7. g.
         Publicly Accessible Open Space. Buildings are located on a site where more than ten percent (10%) of the site is provided as public open space. The open space shall be improved as a plaza or park with landscaping, pedestrian pathways and other appropriate amenities. The open space may be privately owned as part of a development; provided an association or other mechanism is established for the long-term maintenance of the open space. Nothing in this section precludes the creation of open space on any lot throughout the CD District.
      8. h.
         Transportation Amenities. Provision of amenities that facilitate the use of alternative means of transportation, such as bus shelters, or that facilitate the efficient transmission of vehicular traffic.
   2. 2.
      Specific Criteria: Performance Standards. The CD District is intended to promote a mixture of commercial and residential uses. In certain sub-districts where only residential uses are allowed, a mixture of unit types and sizes is the goal. Therefore, in addition to the general criteria listed above, rezoning requests shall comply with the following performance standards:

      1. a.
         Mix of Uses Required. Any rezoning plan in the CD-C, CD-MUO and CD-CC sub-districts that contains residential uses shall include a minimum of forty percent (40%) of the proposed building Gross Floor Area (GFA) area of the development to be devoted to nonresidential uses.
      2. b.
         Mix of Residential Unit Size. For any development proposing more than twelve (12) dwelling units per acre in the CD-RM, CD-RH, CD-MUR, CD-C, CD-MUO and CD-CC sub-districts the applicant shall provide a mix of unit sizes. That is, units shall be made of any combination of one, two or three or more bedroom units.
      3. c.
         Mix of Residential Unit Type. For any development comprised of more than five (5) acres in the CD-RM, CD-RH, CD-MUR and CD-MUO sub-districts there shall be a mix of the unit types allowed in the district. That is, where districts allow two or more different types of units, such as multi-family, single-family attached or 2-Over-2 (townhouse) units, the development shall contain a minimum of twenty percent (20%) of at least two (2) unit types. Thus, a development with MF, SFA and 2-Over 2 units could propose 20% 2-Over-2s and 80% townhouses to comply with the standard minimum. A greater percentage mix of units could be considered as a justification for a density bonus.
      4. d.
         Ground Floor Use Requirement on Public Streets. In the CD-MUR, CD-MUO and CD-CC sub-districts where buildings proposed as part of a rezoning request have frontage on existing or planned public streets, at least fifty percent (50%) of the ground floor area of such buildings must be designed for and devoted to nonresidential uses. This percentage may be averaged, so that if two buildings have equal frontage, the ground floor of one building may be 100% devoted to nonresidential uses and the other may be 100% devoted to residential uses.
      5. e.
         Increased Useable Open Space. For any development proposing more than twelve (12) dwelling units per acre in the CD-RM (if no single-family detached units), CD-RH, CD-MUR, CD-C, CD-MUO and CD-CC sub-districts the applicant shall provide at least ten percent (10%) of the site as useable open space as defined in Sec. 7.10.5.G.
      6. f.
         Modification by Town Council. The Town Council shall be authorized to modify any and all of these performance standards if it determines that (1) The proposed development will contribute to the intended mixed use character of the area within 1,000 feet of the subject site considering existing and approved development in the area; and (2) Commitments proffered by the applicant justify a decrease in the percentage of nonresidential uses.

Effective on: 1/1/1901

1. A.
   Streets. Streets, including associated streetscape improvements, in the CD District shall be provided according to the following requirements.

   1. 1.
      Street Locations. Street locations shall be guided by the locations shown on the Crescent District Future Streets Policy Map in the Town Plan.
   2. 2.
      Street Types. The street shall be in accordance with the applicable street cross sections shown in the accompanying drawings. Cross sections are typical midblock sections and may vary in width and lane configuration at intersections based upon Town engineering standards. The location of street improvements within the CD District shall be measured from the center line, as specified in Sec. 7.10.4.C.1 Required Build-to Line and Parking Setback. Cross sections are provided for the following streets:

      1. a.
         Urban Boulevards. This designation includes the extension of E. Market Street and Catoctin Circle. The cross section for E. Market Street within the CD District extends only from the southern curb line to the outside edge of the sidewalk. The location of the curb line and edge of sidewalk shall be measured from the center line, as specified in Sec. 7.10.4.C.1 Required Build-to Line and Parking Setback. See the illustration below. As an option, the Urban Boulevard may include a median in place of the turn lane subject to special conditions, including sufficient demonstration of adequate ingress and egress and compliance with Town and VDOT traffic engineering standards.
      2. b.
         General Streets. See the illustration below for the typical cross section.

         1. i.
            The cross section for Harrison Street within the CD District extends only from the eastern curb line to the outside edge of the sidewalk north of the W&OD trail and from the western edge of the right-of-way below the W&OD trail.
      3. c.
         Residential Streets/Optional Streets. This is the cross section for streets providing a Residential Frontage. See the illustration below for the typical cross section. In the alternative, this cross section may be used for “Optional Streets”, which are additional streets proposed within a development that are not shown on the Crescent District Future Streets Policy Map. See Sec. 7.10.11.A.3 below. These streets may be publicly or privately maintained but in either case they must be built to the required standard. There are two options – one for parking on just one side of the street and one for parking on both sides of the street. The option is limited in that the option chosen must be consistent along an entire street.
   3. 3.
      Streets not Shown on Crescent Design District Future Streets Policy Map. At the discretion of property owners, additional streets that are not shown on the Town Plan Crescent District Future Streets Policy Map may be provided for additional automobile and pedestrian circulation and developable block frontage. Such streets shall comply with the cross section requirements for Residential Streets at a minimum. They may be either public streets or may be privately maintained.
   4. 4.
      Adjustments to Street Cross Sections.

      1. a.
         Transition to Existing Streets outside the CD District. The Zoning Administrator may modify cross sections when transitions occur at the boundary of the CD District where streets within the CD District serve as extensions of existing streets outside of the District in order to create a safe transition to the existing street’s cross section.
      2. b.
         Streets within the CD District. The Zoning Administrator may modify cross sections of streets within the CD District under the following circumstances:

         1. i.
            To facilitate adequate vehicular turning movements.
         2. ii.
            To facilitate superior building design.
         3. iii.
            To enhance the pedestrian environment.
         4. iv.
            To alleviate a significant engineering constraint.
   5. 5.
      Responsibilities for Street Improvements.

      1. a.
         On-Site. For a street whose full width is on the site of any new development or redevelopment meeting the conditions of Sections 7.10.2.G. Applicability and I. Nonconformities, the developer shall construct the street. Construction of the streets may be phased with development of the site, provided that the phases result in functional segments of the streets that are open to traffic as determined by the Town.
      2. b.
         Other. For an existing public street fronting any development or redevelopment meeting the conditions of Sections 7.10.2.G. Applicability and I. Nonconformities, the developer shall complete a half-section of the ultimate road configuration with appropriate transitions.

Residential Streets (Parking One Side)

Residential Streets (Parking Both Sides)

General Urban Streets (Parking Both Sides)

Residential Streets (Parking One Side)

2. B.
   Traffic Calming. At the discretion of the Land Development Official the parking lanes indicated on the street cross sections may have curb bump-outs at crosswalks and intermediate points along blocks to provide for traffic calming, enhance pedestrian safety and provide additional space for landscaping. Other Virginia Department of Transportation (VDOT) approved traffic calming features, such as but not limited to speed tables and raised crosswalks may be provided when determined to be acceptable by the Zoning Administrator and so long as they meet VDOT standards.
3. C.
   Sidewalks.

Streetscape Layout

1.  
   1. 1.
      Basic Requirements. Sidewalks shall meet the dimensional requirements indicated for the street cross sections and shall be constructed to meet the Design and Construction Standards Manual and this Zoning Ordinance.
   2. 2.
      Continuous. Sidewalks shall be continuous across driveways and alleys.
   3. 3.
      Uses in Frontage Zone. Sidewalk cafés and temporary sidewalk sales shall be permitted along E. Market Street, Catoctin Circle, and General Streets, in the frontage zone (the area between the Required Build-to Line and the right-of-way).

4. D.
   Street Trees. One medium or large canopy street tree shall be provided for every forty feet (40’), or one understory tree shall be provided for every fifteen feet (15’) where conditions do not favor a canopy tree, of lot frontage in the tree zone between the sidewalk and street curb. The tree zone, as shown on the street cross sections (see also the DCSM) may be grass or sidewalks with planting beds or grates over continuous tree-root trenches as determined acceptable by the Zoning Administrator. Street trees shall comply with the sight distance standards of the Design and Construction Standards Manual except that locations may be modified by the Zoning Administrator due to engineering and sight distance constraints.
5. E.
   Street Lights. Except for E. Market Street, Davis Avenue and Catoctin Circle, Pedestrian-scale street lighting meeting the Town of Leesburg specifications shall be installed within the tree zone between the street and sidewalk. Streetlight poles shall be no taller than fourteen feet (14’) including the base.
6. F.
   Street Furniture. Benches and trash receptacles when provided shall be located within the tree zone of sidewalks and in park and plaza areas in accordance with Town Code standards.
7. G.
   Street Access. Individual driveways, shared driveways, commercial entrances or alleys may provide vehicular access from streets to lots. All new access, reconstruction of existing access or redevelopment of a site shall comply with the following:

   1. 1.
      Driveways. Driveways for vehicular access shall be limited as follows.

1.  
   1.  
      1. a.
         Modification. The above driveway requirements may be modified by the Director of Plan Review, in accordance with Sec. 7.10.12.B.1 and B.2 as applicable, so long as the DCSM and VDOT standards are met.

   2. 2.
      Spacing. All driveways shall be adequately spaced from street intersections in accordance with DCSM specifications.
   3. 3.
      Alignment. For lots containing buildings other than single-family detached and two-family dwellings, driveways shall either be aligned with driveways on the opposite side of the street or sufficiently offset to avoid conflicting turning movements and shall meet DCSM requirements.
   4. 4.
      Location. A driveway may be located within the corridor of a future street that is shown on the Town Plan Crescent District Future Streets Policy Map, provided shared access easements are granted to adjacent properties and the site plan allows the ultimate extension of the future street as shown on the Town Plan Crescent District Future Streets Policy Map.
   5. 5.
      Temporary Driveway. Where the above access requirements cannot be met at the time of an individual property’s development, a temporary driveway may be installed such that the site is configured to provide for future shared access with one or more adjoining sites. An agreement shall be provided to the Town stating that when the adjacent site(s) is developed, the shared access shall be installed, the temporary driveway shall be removed, and the right-of-way restored in accordance with the streetscape requirements of this section. The property owner shall be responsible for the costs associated with his share of the shared access, removal of the temporary driveway and restoration of the streetscape.

8. H.
   Alleys. Alleys and private travel ways are permitted in accordance with the design standards of the Design and Construction Standards Manual (DCSM) and Zoning Ordinance Article 11 Parking, Loading and Pedestrian Access.
9. I.
   Transportation Impact Analyses. Transportation impact analyses shall be required for development within the CD District as follows:

   1. 1.
      By-Right Applications (Site Plans and Subdivisions). A modified traffic impact analysis shall be required in the CD District in accordance with Sec. 7-111 Preparation of Traffic Studies of the Design and Construction Standards Manual (DCSM).
   2. 2.
      Legislative Applications (Special Exceptions and Rezonings). A traffic impact analysis shall be required and shall comply with the same standards that apply to rezoning and special exception applications located outside of the CD District.
   3. 3.
      Preparation/Other Modes of Transit. Where required by 24VAC30-155, traffic impact analyses shall be prepared in accordance with state regulations and administrative guidelines. Transportation impact studies shall consider other modes such as transit, bicycles and pedestrians.
10. J.
    Utilities. Public utilities for stormwater, sanitary sewer and water may be located in the street right-of-way, rear alleys or in easements on the site. Other utilities, such as electricity, natural gas and telecommunication, shall be located in easements between the Required Build-to Line and the street right-of-way, within alleys or in easements along the rear of the lot and shall not interfere with the public street trees. The Town engineer may approve alternative locations for utilities. All new or relocated overhead utility lines shall be installed underground.

Effective on: 1/1/1901

1. A.
   Administrative Modifications. The following modifications to the regulations of this section may be approved by the Zoning Administrator:

   1. 1.
      RBTL Adjustment. The Required Build-to Line may be adjusted back by no more than 5 feet from that which is shown on the cross-sections contained in Sec. 7.10.11.A. This adjustment may be allowed to accommodate utility easements, allow for intersection sight distance, break-up large buildings with variable building lines, maintain consistency with adjacent building lines or to provide for patios, stoops, steps and outdoor dining or open space areas additional sidewalk space in front of the building.
2. B.
   Modifications Requiring Planning Commission or Town Council Approval. Modifications to the design requirements of Secs. 7.10.5 Site Requirements, 7.10.6 Building Type Specifications, and 7.10.7 Building Materials and Other Requirements, which include landscaping, parking and loading, and architectural standards may be approved by the Planning Commission, or in the case of a modification requested as part of a special exception or rezoning, by the Town Council, except where such authority is expressly given to the Zoning Administrator or the Land Development Official in those sections.

   1. 1.
      Submission Requirements. A modification shall require an application that includes the following information:

      1. a.
         Written Statement. A written statement that clearly indicates by section and paragraph the modification that is requested and also includes a narrative justification for the modification. An architectural modification request shall include appropriate building elevations.
      2. b.
         Plan/Front Elevation. A site plan and a front elevation drawing of the proposed building superimposed on a color drawing or photograph of the entire block showing the relationship of the proposed building to other buildings along the block.
      3. c.
         Additional Information. Additional information as may be required by the Land Development Official to provide a comprehensive application given the nature and extent of the modification requested.
   2. 2.
      Approval Criteria. The application shall be reviewed by the Planning Commission or Town Council based upon the following criteria:

      1. a.
         Architectural Character. The design of the building shall be in keeping with the architectural character of the Old and Historic District and the desired character of the CD District, as articulated in the Town Plan and the Crescent District Master Plan. Buildings closer to the Old and Historic District (that is, between the Old and Historic District and Catoctin Circle) should reflect the historic architectural character of the Old and Historic District (that is, fronting on and outside of Catoctin Circle). More flexibility should be allowed in architectural character and design for buildings farther away from the Old and Historic District. This shall not prevent innovation and creativity in design that is in keeping with the Crescent District Master Plan, as determined by the Planning Commission.
      2. b.
         Orientation. The building shall be oriented toward the front sidewalk, have a functioning entrance and enhance the continuity of the pedestrian-oriented environment. A modification shall not result in increasing the dominance of vehicular parking or garage doors along the front of the building.
      3. c.
         Roof Design. The design of the roof shall be compatible with character of other buildings along the block and shall meet district height requirements.
      4. d.
         Materials. The exterior finish materials shall be of equal or better quality, in terms of durability and appearance/texture similar to brick, stone, or wood, as those permitted in the district. The intent is to accommodate new technologies and building material while maintaining the desired character of Leesburg, as defined in paragraph 1, above.
      5. e.
         Windows. Ground floor windows shall be provided along the front sidewalk to maintain the pedestrian-orientation of the streetscape and upper story windows and shall not be incompatible with the rhythm and proportions of windows on other buildings along the block.
      6. f.
         Not to be Considered. Economic hardship will not be considered a reason for varying from any standard established in Sec. 7.10 Crescent Design (CD) District.
      7. g.
         Purpose. The modification will not be contrary to the purpose and intent of Sec. 7.10 Crescent Design (CD) District.
      8. h.
         Consistency with Town Plans. The modification is consistent with the Comprehensive Plan and any Town adopted plans.
      9. i.
         Compensating Features. The modification includes compensating design or architectural features that meet the overall objectives of the particular requirement that is being modified.
      10. j.
          Conditions. In approving a modification, the Planning Commission or Town Council may impose such conditions regarding location, character and other features as it deems necessary for the protection of the general welfare and to ensure compliance with the intent and objectives of the Crescent Design District.
      11. k.
          Use of Adjacent Properties. The modification will not hinder or discourage the appropriate development and use of adjacent or nearby land or buildings.
   3. 3.
      Process and Action.

      1. a.
         By-Right. Once the application has been determined to be complete by the Land Development Official, the application and accompanying maps, plans or other information shall be transmitted to the Planning Commission for consideration and action after the issuance of the first submission comment letter. The Planning Commission shall render a final decision upon any modification properly before it within a reasonable amount of time under the circumstances.
      2. b.
         Special Exception or Rezoning. In the case of a modification requested as part of a special exception or rezoning, the application shall be processed with and shall track simultaneously with the special exception or rezoning request. The Town Council shall render a decision at the time of its action on the underlying rezoning.
   4. 4.
      Written Determination. The Planning Commission or Town Council shall set forth in writing the reasons for its determination.
3. C.
   Additional Legislative Modifications Requiring Town Council Approval. In addition to the modifications set forth in Sec. 7.10.12.B above, modifications to the design requirements of the sections set forth below may be approved as part of a rezoning or special exception application by the Town Council.

   1. 1.
      Siting Specifications. (7.10.4.A) Frontage on RBTL. Town Council may grant a modification to permit no less than a minimum of 50% of the frontage length to be occupied by principal building facades along the Required Build-to Line as listed in Sec. 7.10.4.C.
   2. 2.
      Site Requirements. (7.10.5.A.1) Maximum Number of Spaces. Town Council may modify the standard for multi-family parking up to the minimum B-1 District requirements of 1.0 space/unit for efficiency and one bedroom units; 1.5 spaces/unit for two bedroom units; and 2.5 spaces/unit for three or more bedroom units.
   3. 3.
      Height Zones.

      1. a.
         (7.10.8.A.1) Minimum Height and Stories Required. The Town Council may modify this standard to permit less than the minimum stories required by the Building Height Map.
      2. b.
         (7.10.8.E) Increase Setback Adjacent to Residential District. The Town Council may modify the setback standard of Sec. 7.10.8.E to:

         1. i.
            Reduce this setback to no less than 20 feet; or
         2. ii.
            Reduce this setback to a minimum of 10 feet so long as the proposed building or end unit is no taller in height than 35 feet and the side of the proposed building faces the adjacent residential property.
   4. 4.
      Use Regulations and Density/Intensity and Dimensional Standards. (7.10.9.F) Use Modification. The Town Council may modify the use list to allow a use not otherwise permitted in the CD-MUR, CD-MUO, CD-C and CD-CC Districts.
   5. 5.
      Review and Approval Standards. Modifications requested under this section (Sec. 7.10.12.C) must comply with the following standards:

      1. a.
         Form: The modification requests must meet the criteria of Sec. 7.12.10.B.1 Submission Requirements and Sec. 7.10.12.B.2 Approval Conditions above as applicable.
      2. b.
         Compliance with VDOT and Town Standards: All modification requests must comply with VDOT and Town traffic engineering standards, including DCSM standards as applicable.
   6. 6.
      Town Council Authority. Modifications to the design requirements of Secs. 7.10.5 Site Requirements, 7.10.6 Building Type Specifications, and 7.10.7 Building Materials and Other Requirements, which include landscaping, parking and loading, and architectural standards may be approved as part of a rezoning or special exception application by the Town Council. Where authority is expressly given to the Zoning Administrator, the Land Development Official or the Town Engineer to modify standards elsewhere in this ordinance, that authority shall vest in the Town Council as part of a rezoning or special exception application.

Effective on: 1/1/1901

The following definitions shall apply to the terms used in the CD District. Definitions contained in Article 18 shall also apply, except as modified herein.

1. A.
   Average Exterior Sidewalk Elevation. The median elevation of the sidewalk between its lowest point and highest point along that portion of the frontage of the lot where the Required Build-to Line is occupied by a building.
2. B.
   Blank Wall. A wall that is constructed of solid material without windows or doors.
3. C.
   Building Height Map. A map that illustrates that maximum allowable height of buildings in terms of feet and stories.
4. D.
   Civic/Institutional Building. A building type used by a government agency, school, place of worship, recreational use open to the public, including town, state and federal buildings, museums, libraries, elementary, secondary, and high schools, colleges, and universities, places of worship, meeting halls, police and fire stations, post offices, cultural, visual, and performing art centers and transit centers.
5. E.
   Crescent Design District Map. A map that is the coding key for the various use areas and where they are located in the Crescent Design District.
6. F.
   Expansion of an Existing Building. Additions to existing buildings where the framework of the existing structure remains.
7. G.
   Frontage Type. The classification for the building type standards, dimensional requirements and use of a site based upon the street that the lot fronts on.
8. H.
   General Urban Building. A building type that contains non-residential/commercial uses or a mixed use building with residential uses above the non-residential/commercial uses on the first floor.
9. I.
   Height Areas. A geographic area wherein buildings are limited to a maximum height, as shown on the Building Height Map.
10. J.
    Leadership in Energy and Environmental Design (LEED). An accreditation system for buildings and neighborhood design, based upon the rating system of the United States Green Building Council.
11. K.
    Mixed-Use Building. A building that contains some combination of non-residential and residential uses, such as a building with a non-residential use on the first floor and residential units above the first floor or live-work units. A building that contains a mixture of only non-residential uses shall be considered a “non-residential building.”
12. L.
    Modifications. A deviation from the regulations of the CD District where the authority is specifically provided to the Zoning Administrator, the Town Council or the Planning Commission. A modification shall not be considered a variance. Any deviations not specifically provided for shall not be allowed but shall instead require a variance from the Board of Zoning Appeals.
13. M.
    Multiple-Family Building. Buildings containing 3 or more dwelling units that are accessed from common entrances and hallways where there are dwelling units on the first story. Buildings with all multiple family units located above the first story in mixed-use buildings shall be considered general urban buildings. Buildings with all dwelling units above the first floor and only common lobby/community space on the first floor shall also be considered general urban buildings.
14. N.
    New Development or Redevelopment. Construction of new principal buildings on a vacant site or a site where existing buildings are to be demolished.
15. O.
    Non-Residential Building. A building that does not contain residential dwelling units.
16. P.
    Parking Structure. A structure for parking of vehicles with at least one level of parking is above or below the ground level.
17. Q.
    Pedestrian Entrance. A door that provides pedestrian access to the public sidewalk. For a business that is open to the public, the door must be a usable entrance during business hours.
18. R.
    Primary Façade. The façade of a building located on a corner lot that is facing the more pedestrian-traveled street.
19. S.
    Required Build-to Line. A line shown on the Street Cross Sections along a street, a set distance back from the street, along which a certain minimum percentage must be occupied by building.
20. T.
    Residential Building. Single-family detached, single-family attached (townhouse), duplex, multiple-family (not in a mixed-use building) and assisted living residence. Residential units in a building with non-residential uses and live work are considered “mixed-use buildings.”
21. U.
    Secondary Façade. The façade of a building located on a corner lot that is facing the lesser street. The primary façade is the other front façade, which is facing the more traveled street.
22. V.
    Story. The space in a building between floor levels, or between a floor and the roof above that could be used by people (for living, work, storage, recreation, etc.).
23. W.
    Story Height. The height from the finished floor of the story to the finished floor of the story above.
24. X.
    Terminating View. A location at the end of a roadway at a “T” intersection or at a jog or a curve in the road that is visible to a person traveling down the street.
25. Y.
    Visible From the Street. Any building wall that faces the street or a building wall that is perpendicular, or at an angle, to the street and can be seen by a pedestrian or motorist traveling along the block frontage. Visible from the street shall also include any accessory structures, parking, loading or storage areas that are not screened from the street by means of a minimum 6-foot tall wall.

Effective on: 1/1/1901

Effective on: 1/1/1901

The Floodplain Overlay District regulations shall apply to all privately and publicly owned lands within the jurisdiction of the Town of Leesburg that are susceptible to being inundated by water from the base flood and having a drainage area greater than one hundred (100) acres. For purposes of regulations under this Ordinance, a distinction is made between major and minor floodplains as defined in Section 7.11.2.

Additional Floodplain Requirements can be found in the Town’s Subdivision & Land Development Regulations (SLDR) Division 7, Article 5 of the Design & Construction Standards Manual (DCSM), and Section 14-40 through 14-49 of the Town Code.

Effective on: 1/1/1901

1. A.
   Capital Improvement Project: Any federal, state or local government public improvement project.
2. B.
   Channelization: Alterations made to the channels of rivers, streams, or drainage ways, usually to improve drainage, relocate the channel, or to increase its flood carrying capacity.
3. C.
   FEMA: Federal Emergency Management Agency.
4. D.
   Flood (100-Year) or Base Flood: The flood having a one-percent chance of being equaled or exceeded in any given year.
5. E.
   Floodplain: the area subject to flooding by the base flood.
6. F.
   Floodplain (Major): The area subject to flooding by the base flood as designated by the Federal Emergency Management Agency (FEMA). This area corresponds to FEMA Special Flood Hazard Areas (SFHA) with a Zone AE and A as shown on the Flood Insurance Rate Map (FIRM). Major Floodplains are generally associated with streams having a drainage area of 640 acres or more.
7. G.
   Floodplain (Minor): Those areas subject to flooding by the base flood that do not meet the definition of Major Floodplain but have a drainage area of 100 acres or greater.
8. H.
   Floodplain Administrator: The Director of Plan Review who administers and implements all coordination with FEMA and the Virginia Department of Conservation and Recreation (DCR) necessary for full compliance with the provisions of the National Flood Insurance Program.
9. I.
   Floodproof: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents in accordance with minimum FEMA Standards and Regulations.
10. J.
    Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation.
11. K.
    Overland Relief: A pathway conveying the 100-year rainfall event as if the minor storm system (pipe system) has failed to function or does not exist.
12. L.
    Special Flood Hazard Area: the floodplain subject to a one (1%) percent or greater chance of being flooded in any given year as determined by FEMA on the Flood Insurance Rate Map.

Effective on: 1/1/1901

For purposes of calculating the permitted floor area and number of residential units in the underlying zoning district, the land area in any portion of the Floodplain Overlay District shall be treated as follows:

1. A.
   Any Minor Floodplain shall be included as part of the net land area for such calculations.
2. B.
   Areas within the Major Floodplain shall be excluded as part of the land area for residential density calculations (but not for commercial density calculations).

Effective on: 1/1/1901

The Floodplain Overlay District is hereby established as both those areas of Major and Minor Floodplain as defined in Section 7.11.2. The provisions for the Floodplain Overlay District shall serve as a supplement to the underlying zoning district provisions. Only those uses set forth in Sections 7.11.8 and 7.11.9 shall be permitted by right or special exception within the Floodplain Overlay District, and land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the overlay district. If there is any conflict between the provisions or requirements of the Floodplain Overlay Districts and those of any underlying district, the more restrictive provisions shall apply.

Effective on: 1/1/1901

The Town of Leesburg Floodplain Map is hereby adopted as the source for floodplain boundary information. The Town of Leesburg Floodplain Map is established based on those flood hazard areas designated on the flood insurance rate map (FIRM) that is provided to the Town of Leesburg by FEMA as may be modified from time to time by a Letter of Map Revision (LOMR) issued by FEMA; as well as minor floodplain areas whose boundaries are established through detailed site-specific floodplain studies.

Effective on: 1/1/1901

Interpretations of the boundaries of the Floodplain Overlay District shall be made by the Floodplain Administrator after consultation with the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.

Effective on: 1/1/1901

Unless otherwise exempted as provided below, all uses and/or development activities that may adversely affect the capacity of the channel or floodway of any watercourse, drainage ditch, or any other drainage facility or system offsite within the Floodplain Overlay District, are prohibited.

1. A.
   Uses and/or development may be approved when all applicable provisions of DCSM Article 5, and other applicable provisions of the DCSM, have been met relative to obtaining necessary offsite easements, and when approved by the Floodplain Administrator.
2. B.
   Unless applicable provisions of the DCSM have been met relative to obtaining necessary offsite easements, and the Floodplain Administrator has issued an approval, no development shall be permitted effecting flood heights that is not fully offset by accompanying improvements that have been approved by all appropriate authorities.
3. C.
   The placement of any new mobile home within the Floodplain Overlay District is prohibited. Any pre-existing nonconforming mobile home park or subdivision may remain in place pursuant to Leesburg Zoning Ordinance Article 16 Nonconformities.

Effective on: 1/1/1901

1. A.
   General – Floodplain areas are primarily intended to remain as open or common areas. These areas may be utilized to provide space for recreational activities.
2. B.
   Permitted Uses in Major Floodplain – The following uses are permitted in Major Floodplain provided that they are not prohibited by any other applicable ordinance and provided that they do not require structures, fill (except as provided for in Sec. 7.11.8.B.10 and 11), or storage of materials and equipment:

   1. 1.
      Agricultural uses such as general farming, pasturing, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
   2. 2.
      Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding rails, wildlife and nature preserves, game farms, fish hatcheries and fishing areas provided that under no circumstances shall recreational vehicles be allowed in Major Floodplain for a period exceeding thirty (30) days.
   3. 3.
      Accessory residential uses such as gardens, play areas, and loading areas.
   4. 4.
      Accessory industrial and commercial uses such as parking and loading areas.
   5. 5.
      Incidental structures, not exceeding 840 square feet of floor area, associated with permitted or approved special exception uses in the Floodplain Overlay District. Such structures include storage sheds, maintenance sheds, backstops, bath houses and locker rooms. Provided, however, bulk storage of gasoline, chemicals, fuels or similar substances are prohibited and further provided that any new construction shall comply with applicable FEMA standards. All structures shall be anchored to prevent flotation and shall not cause any increase in the base flood elevation.
   6. 6.
      Utility lines, road crossings, and private drives or private access easements.
   7. 7.
      Road crossings consistent with the standards of the DCSM.
   8. 8.
      Low Impact Stormwater Management Best Management Practices as permitted by the Virginia DEQ “Clearinghouse” as follows:

      1. a.
         Rooftop disconnection
      2. b.
         Sheet flow to conservation areas
      3. c.
         Sheet flow to vegetated filter and associated soil amendments
      4. d.
         Grass channel and associated soil amendments.
      5. e.
         Other stormwater management facilities as approved by the Director of Plan Review.
   9. 9.
      Alterations of the floodplain associated with any permitted or special exception uses in the Floodplain Overlay District. However, no channelization shall occur except:

      1. a.
         To protect existing habitable structures subject to periodic flooding; or
      2. b.
         As part of a town sanctioned stream rehabilitation or flood mitigation program; or
      3. c.
         As provided for in Sec. 7.11.8.B.10
      4. d.
         Public improvement projects including bridge and culvert improvements.
      5. e.
         Projects meant to improve overall stream health or generate credits.
      6. f.
         Projects that have been previously approved by FEMA.

      To the extent that the elevations and boundaries of the Floodplain Overlay District change as a result of the alteration action, any areas no longer within the Floodplain Overlay District may be used for any use in the underlying district, subject to the provisions of the applicable district regulations and conditions of any approved special exception.

   10. 10.
       Along the north side of Town Branch between Wirt Street SW and Harrison Street SE, a building used solely for non-residential uses may be located within the Floodplain Overlay District provided it is entirely outside of the floodway and meets the following provisions:

       1. a.
          All floors below the 100-year flood level shall be floodproofed up to the 100- year flood level, and the building, any building extensions, and/or accessory buildings shall be designed to resist uplift and/or horizontal water pressure; provided, that in no event shall any floor below the 100-year level be used for human or animal habitation, food storage or food preparation.
       2. b.
          All new and/or replacement public utilities, water mains, sanitary sewers and their appurtenances, shall be designed to be floodproofed to minimize or eliminate infiltration and exfiltration and to ensure their structural integrity under flood conditions.
       3. c.
          Water heaters, furnaces, air conditioners, electrical distribution panels and other critical mechanical or electrical installations shall not be installed below the 100-year flood level. Separate electrical circuits shall serve areas below the 100-year flood level and shall be dropped from above.
       4. d.
          A registered professional engineer or licensed architect shall certify the adequacy of the floodproofing design to withstand the stresses of the base flood and such plan shall cite the elevation to which the structure is floodproofed. Such certification shall be provided on a Federal Emergency Management Agency/National Flood Insurance Program Elevation Certificate and/or Floodproofing Certificate as applicable.
       5. e.
          Prior to approval of any construction plan that proposes a non-residential building within the Floodplain Overlay District, the applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA that includes FEMA approved floodproofing requirements and is in conformance with all Town and FEMA floodplain requirements.
       6. f.
          Prior to issuance of any occupancy permit for a non-residential building within the Floodplain Overlay District, the applicant shall obtain a Letter of Map Revision (LOMR) from FEMA that verifies the building has been constructed in general conformance to the approved CLOMR elevations and all required floodproofing mechanisms have been properly installed.
       7. g.
          Building permits for proposed residential buildings associated with a related subdivision plan or site plan that are located within an area previously designated a 100-year floodplain shall not be issued until such time as the Town has been provided a copy of the approved LOMR from FEMA and the appropriate appeals process has expired which officially removed said area from the FEMA regulated floodplain.
       8. h.
          Adverse impacts to the floodplain and stream channel shall be mitigated using methods specified in the DCSM.
   11. 11.
       Capital Improvement Projects
3. C.
   Permitted uses in Minor Floodplain.

   1. 1.
      Uses allowed under Section 7.11.8.B
   2. 2.
      Residential uses accessory to single family detached and attached dwellings such as play areas, lawns, paved tennis or play courts, trails, gardens, patios, swimming pools, decks and docks, which do not require major fill and accessory structures such as children’s playhouses, doghouses, storage structures and other similar structures which do not require a Building Permit or major fill. All structures shall be anchored to prevent flotation.
   3. 3.
      New construction or additions to existing structures or accessory structures (as may be permitted within the underlying zoning district) in developed areas only where the minor floodplain is defined by overland relief; not defined by a natural or manmade channel. All proposed structures shall not increase the 100-year water surface elevations on adjacent properties unless offsite easements are obtained to contain any increases in 100-year water surface.
   4. 4.
      Storm water management facilities including improvements to existing facilities, as may be permitted by the Director of Plan Review whether or not associated with permitted or approved special exception uses in the FOD.
   5. 5.
      Alterations including channelization and channel modifications. To the extent that the boundaries of the Floodplain Overlay District may be used for any use in the underlying district, subject to the provisions of the applicable district regulations and conditions of any approved special exception.
   6. 6.
      Capital Improvement Projects