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HomeMy Public PortalAbout1988_07_26_O027 Re-enacting Portions of the LC ZO in areas administered by the TownPRESENTED ADOPTED July 26, 1988 Authority to Apply Applications for special exceptions to use property in a manner authorized by the provisions of this ordinance may be filed with the Board of Zoning Appeals (hereinafter referred to as the BZA) by any property owner, tenant, government official, department, board or bureau. 1101.1 ORDINANCE NO. 88-0-27 July 26, 1988 AN ORDINANCE: REENACTING PORTIONS OF ARTICLE 11 OF THE LOUDOUN COUNTY ZONING ORDINANCE AS ADOPTED AND ADMINISTERED BY THE TOWN WHEREAS, on July 12, 1988, the Council initiated the reenactment of portions of Article 11 of the Loudoun County Zoning Ordinance, as adopted and administered by the Town in the annexation area; and WHEREAS, a joint Council/Planning Commission public hearing was held on this legislation on July 26, 1988; and WHEREAS, the Planning Commission recommended this legislation to Council on July 26, 1988; and WHEREAS, adoption of this legislation is essential to ensure appropriate administration of special exceptions authorized under County zoning districts for properties in the annexation area; and WHEREAS, this legislation is in the best interest of the public necessity, convenience, general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Portions of the prior Article 11 of the Loudoun County Zoning Ordinance, as adopted and administered by the town for the annexation area, are hereby reenacted, modified and recodified to read as fo].lows: ARTICLE 11 SPECIAL EXCEPTIONS BEFORE BOARD OF ZONING APPF~kLS 1101 SPECIAL EXCEPTION APPLICATIONS TO THE BOARD OF ZONING APPEALS ARTICLE 11 - LOUDOUN COUNTY ZONING ORDINANCE 2 Applications shall be delivered or mailed to the Leesburg Board of Zoning Appeals, c/o the Zoning Administrator, Leesburg, Virginia. At the same time a copy of the application shall be mailed to the Secretary of the Planning Commission, Leesburg, Virginia, and another copy shall be mailed to the individual, official, depart- ment, or agency concerned, if any, as determined by the Zoning Administrator. The application shall be accompanied by the appropriate fee payable to The Town of Leesburg. In addition, each such application shall contain a concise statement of the subject to be brought before the BZA. 1101.2 Application for Special Exception - Procedure Applicants for a special exception shall first submit the proposal to the Zoning Administrator on a form to be provided by the Zoning Administrator, including therewith all plans and information relating to the application required by the BZA pursuant to Section 15.1-496 of the 1950 Code of Virginia, as amended. The proposal shall then be advertised pursuant to provisions of Section 15.1-431 of the Code of Virginia prior to public hearing by the Planning Commission and/or BZA, or directly to the BZA pursuant to the provisions and requirements of this ordinance. 1102 HEARING OF APPLICATION 1102.1 Time and Notice Upon receipt of a special exception application, the BZA shall fix a reasonable time for a hearing of such application, and in addition to the notice conforming to Section 15.1-431 of the Code of Virginia shall cause to be posted, at least ten (10) days before such hearing, a poster calling attention to the nature and substance of the application, the land involved, the name of the applicant, and the date and place of public hearing. The BZA shall prescribe the form of said poster, which shall be affixed to a pole, post, fence, or structure on the land involved, if practic- al, or if not, within three hundred (300) feet thereof, and in either event, in such location as to be clearly visible from a public road. Upon the hearing, any party may appear in person or by agent or by attorney. 1102.2 Decision The BZA shall render a decision on any application submitted to it within ninety (90) days of filing. An application shall not be deemed filed until the applicant has met all submissio:n require- ments set forth in, or under authority of, this ordinance. No such special exception may be granted except after notice and hearing as provided in this ordinance. ARTICLE 11 - LOUDOUN COUNTY ZONING ORDINANCE 3 1103 CONDITIONS AND STANDARDS 1103.1 Conditions The BZA may, when granting a special exception, impose conditions thereon, such as provisions for fencing, planting or other land- scaping, additional setbacks from property lines, location and arrangement of lighting, setting of reasonable time limitations, and other reasonable requirements deemed necessary to safeguard the interest of the general public. The BZAmay also require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. 1103.2 Standards In fulfilling the purposes and intent of this ordinance as set forth in Article 1, the BZA in exercising the powers and duties granted and imposed by the ordinance, shall be guided by the following standards which shall be in addition to any other standards imposed by this ordinance: To prevent high population density on soils that are incapable of providing adequate water supply, or of meeting proper sanitary requirements for sewage disposal. To protect against the overcrowding of land and undue density of population in relation to the community facilities existing or available. To facilitate orderly highway development and transportation, and lessen traffic hazards and congestion. To protect residential sections from unnecessary traffic, fire hazards, noise, noxious fumes, or offensive odors and other unwholesome conditions and influences. The proposed use at the specified location shall be in harmony with the policies embodied in the adopted comprehensive plan. The proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations. The proposed use shall be such that it will not adversely affect the use or development of neighboring properties in accordance with the applicable zoning district regulations and the applicable provisions of the adopted comprehensive plan. The location, size and height of buildings, structures, walls, end fences and the nature and extent of screening, buffering, and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings or impair the value thereof. SECTION II. Ail prior ordinances in conflict herewith are repealed. ARTICLE 11 - LOUDOUN COUNTY ZONING ORDINANCE 4 SECTION III. This ordinance shall be in effect upon its passage. SECTION IV. Severability. If any provision of this ordinmlce is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any r~mmining provisions of the zoning ordinance. PASSED this 26th ATTEST: Clerk o~Council day of July , 1988. Robert E. Sevila, Mayor Town of Leesburg