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