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1984_10_24_O046The Town ofLeesburginVirginia PRESENTED October 24, 1984 ORDINANCE NO. 84-0-46 ADOPTED October 24, 1984 ORDINANCE: AN ORDINANCE AMENDING THE LEESBURG ZONING ORDINANCE REGARDING FEES WHEREAS, Resolution number 84-81, approving the budget and making appro- priations for the fiscal year ending June 30, 1985, directed the manager to prepare appropriate legislation to revise the fees and charges included as revenue in the adopted fiscal year 1985 budget; and WHEREAS, on June 25, 1984, the Town Council initiated an amendment of the Leesburg Subdivision and Land Development Regulations to revise fees and charges included as revenue in the adopted fiscal year 1985 budget; and WHEREAS, a joint public hearing of Leesburg Planning Commission. and the Town Council was held on the proposed amendments September 12, 1984, pursuant to Section 15.1-431 of the Code of Virginia, as amended; and WHEREAS, on October 4, 1984, the Leesburg Planning Commission recommended adoption of the proposed fees with certain changes as outlined in their memo to Council dated October 5, 1984: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Amend Sections 8-2-11-12, 9-6, 10-3-1, 10-3-2 and 11-2 of the Leesburg Zoning Ordinance to read as follows: Section 8-2-11-12. Application and Approval. (a) Application for a special exception by the Council shall be made on forms provided by the zoning administrator who shall transmit a copy to the Planning Commission for recommendation. Each such appli- cation will be accompanied by a filin~ fee of $100 to defra~ the cost of processin~ said application~ which amount shall be paid to the Director of Finance. The Planning Commission shall transmit its recom- mendation to the Council no later than thirty days after the first meeting of the Commission after the application has been referred to the Commission. (b) The Town Council shall conduct a public hearing pursuant to Section 15.1-431 of the Code of Virginia, as amended after receipt of the Planning Commission recommendation. -2- AMENDING THE LEESBURG ZONING ORDINANCE REGARDING FEES (c) The Town Council may establish reasonable conditions, safeguards and restrictions on the proposed use as deemed necessary to protect nearby properties and the public interest. Section 9-6. Approval of Conditional Uses: General Fee. (a) Conditionally permitted uses listed in Article 3, 3-A, 4, 4-A and 4-B inclusive are permitted within zoning district only upon application for and approval of a Conditional Use Permit by the Zoning Administrator after approval by the Commission in accordance with the provisions of this Article. (b) Application for a Conditional Use Permit shall be made to the Zoning Administrator, on forms prescribed by him at least 21 days prior to the Commission meeting at which first consideration is desired and shall be accompanied by a zoning plan necessary to demonstrate that the conditions for approval set out in this Article ~iu. b~ L;,= Admi.laL~.Lu~. Each such application shall be accompanied b~ a filin~ fee of $100 to defray the cost of processin~ said application~ which amount shall be paid to the Director of Finance. (c) The Zoning Administrator shall transmit completed applications to the commission with a report setting out the Administrator's findings as to whether or not the conditions for approval have been met by the application. (d) An existing use conditionally permitted in an "R" zoning district by this Ordinance shall be considered a conforming use in that district. (e) A new use for which a Conditional Use Permit is required in an "R" zoning district and which complies with this Ordinance shall be considered a permitted use in that district. Section 10-3-1. Applications. An application to the Board for a variance, special exception, or interpre- tation of the Zoning District Map, or any other case in which the Board has original jurisdiction under the provisions of this Ordinance may be made by any property owner, tenant, governmental officer, department, board or bureau. Such application shall be filed in triplicate with the Zoning Administrator, who shall transmit a copy thereof, together with all the plans, specifications and other papers pertaining to the application, to the Chairman of the Board. Each such application shall be accompanied by a filing fee of $50.00 $100 to defray the cost of processing said applica- tion, which amount shall be paid to the Director of Finance. -3- AMENDING THE LEESBURG ZONING ORDINANCE REGARDING FEES Section 10-3-2. Appeals. An appeal to the Board may be taken by any person aggriew~d by, or any officer, department, board or bureau of the Town of Leesburg affected by any decision of the Zoning Administrator relative to the administration of this Ordinance. Such appeal shall be taken within thirty (30) days from the date of the decision complained of, by filing with the Zoning Administrator and with the Board a notice of appeal stating the grounds thereof. A notice of appeal in triplicate shall be accompanied by a filing fee of $30 $100 to defray the cost of processing said application, which amount shall be paid to the Director of Finance. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. If the Board decides that there was an error in the order, requirement, decision or determination of the zoning enforcement officer as specified in the notice of appeal, the Director of Finance shall return the aforemen- tioned fee to the appellant and no fee shall be charged for the appeal. If, however, the Board's decision is to uphold the order, requirement, decision or determination of the zoning enforcement officer, the Director of Finance shall retain the filing fee in the treasury. Section 11-2. Initiation of Amendments: Amendments of the Zoning Ordinance shall be initiated only in the following manner: (a) Amendments to the text of the Ordinance and/or changes in the zoning boundaries or classification of properties shown on the Zoning Map may be initiated by the Council or the Planning Commission in accordance with the provisions of Sec. 15.1-493, 1950 Code of Virginia, as amended. (b) Amendments to the zoning boundaries or classification of property shown on the Zoning Map may be initiated by property owners of the land proposed to be rezoned, by the filing with the Council of a Zoning Map amendment petition addressed to the Council, which petition shall be on a standard form approved by the Planning Commission and provided by the Zoning Administrator, and accompanied by a fee of $15~ $300~ plus $20 per acre~ other material and data required in said form. SECTION II. Ail prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. PASSED this 24th day of October ATT~E ST: ,,1 Clerk of/ouncil legisl Town of Leesburg