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HomeMy Public PortalAbout1987_01_28_O002ORDINANCE NO. AN ORDINANCE: PRESENTED January 28, 1987 87-0-2 ADOPTED January 28, 1987 AMENDING THE LEESBURG ZONING ORDINANCE REGARDING DISCLOSURE OF REAL PARTIES IN INTEREST WHEREAS, the Council on October 8, 1986, initiated amendments to the Leesburg Zoning Ordinance to require any applicant for amendment to the Zoning Ordinance or variance to disclose the equitable ownership of the real estate to be affected; and WHEREAS, a joint public hearing of the Planning Commission and Council was held on these amendments on November 12, 1986; and WHEREAS, the Planning Commission recommended to Council approval of these amendments on November 20, 1986; and WHEREAS, these amendments are in the interest of the public necessity, con- venience, general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise Section 8-2-11-12(a), 9-6(b), 10-3-1, and ll-2(b) as follows: 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 application will be accompanied by a filing fee of $100 to defray the cost of processing said application, which amount shall be paid to the Director of Finance. Special exception applications shall include a disclosure statement, si~ned by the applicant and notarized~ of the equitable ownership of the real estate affected~ which shall list the names and addresses of all of the real parties in interest, includin~ all applicants~ title owners~ contract purchasers, and lessees of the land described in the application, all partners, both general and limited~ in any partnership, and~ if an~ of the fore~oin~ is a trustee~ each beneficiary having AMENDING THE ZONING ORDINANCE REGARDING DISCLOSURE an interest in such land, and in the case of corporate ownership, the names of stockholders, officers and directors; provided, however, that the corporate requirement shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred shareholders. The 9--6. 10-3-1. applicant shall keep this information current at all times during the processing of the application. The Planning Commission shall transmit its recommendation to the Council no later than thirty days after the first meeting of the Commission after the application has been referred to the Commission. Approval of Conditional Uses: General: Fee (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 con- sideration is desired and shall be accompanied by a zoning plan necessary to demonstrate that the conditions for approval set out in the Article shall be fulfilled. Each such application shall be accompanied by a filing fee of $100 to defray the cost of processing said application, which amount shall be paid to the Director of Finance. Conditional Use Permits shall include a disclosure state- ment, signed by the applicant and notarized~ of the equitable ownership of the real estate affected~ which shall list the names and addresses of all of the real parties in interest~ including all applicants, title owners~ contract purchasers~.and lessees of the land described in the application~ all partners~ both general and limited, in any partnership~ and~ if any of the foregoing is a trustee, each beneficiar~ havin~ an interest in such land, and in the case of corporate ownership the names of stockholders, officers and directors; provided, however, that the corporate requirement shall not apply to a corporation whose stock is traded on a national or local stock exchange and havin~ more than five hundred shareholders. The applicant shall keep this information current at all times durin~ the processin~ of the application. An application to the Board for a variance, special exception, or interpretation of the Zoning District Map, or any other case in which the Board has original jurisdiction under the provi- sions 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 applica- plan.res1 AMENDING THE ZONING ORDINANCE REGARDING DISCLOSURE tion shall be accompanied by a filing fee of $100 to defray the cost of processing said application, which amount shall be paid to the Director of Finance. Ail applications for a variance or special exception, shall include a disclosure statement, signed by the applicant and notarized, of the equitable ownership of the real estate affected, which shall list the names and addresses of all of 11-2. the real parties in interest, including all applicants, title owners, contract purchasers, and lessees of the land described in the application, all partners, both general and limited, in any partnership, and, if any of the foregoing is a trustee, each beneficiary having an interest in such land~ and in the case of corporate ownership the names of stockholders~ officers and directors; provided, however, that the corporate require- ment shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred shareholders. The applicant shall keep this information current at all times during the processing of the application. INITIATION OF AMENDMENTS (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 $300, plus $20 per acre, other material and data required in said form. Zoning Map Amendment Applications shall include a disclosure statement, signed by the applicant and notarized~ of the equitable ownership of the real estate affected~ which shall list the names and addresses of all of the real parties in interest, including all applicants~ title owners~ contract purchasers, and lessees of the land described in the application, all partners, both general and limited~ in any partnership, and, if any of the foregoing is a trustee~ each beneficiary having an interest in such land~ and in the case of corporate ownership the names of stockholders, officers and directors; provided, however~ that the corporate requirement shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred shareholders. The applicant shall keep this information current at all times during the processing of the application. SECTION II. This amendment upon its adoption shall apply to all applica- tions for zoning map amendments, conditional use permits, special exceptions and variances within the entire corporate limits of the Town of Leesburg. -4- AMENDING THE ZONING ORDINANCE REGARDING DISCLOSURE SECTION III. Ail prior ordinances in conflict herewith are hereby repealed. SECTION IV. Severability. If any provision of this Article is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the Article as a whole or of any remaining provision of the Article. SECTION V. This ordinance shall be in effect upon its passage. PASSED this 28th day of ATTE.ST: ~ ~ Clerk of C~uncil · plan.res3 January // ~, 1987. R~bert E-.v S~ila, ~ayor Town of Leesburg