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Home My Public Portal About1988_11_08_O037 PRESENTED November 8, 1988 ORDINANCE NO. 88-0-37 ADOPTED November 8, 1988 AN ORDINANCE: AMENDING THE LEESBURG ZONING ORDINANCE REGARDING V~RIOUS APPLICATION FEES WHEREAS, the cost of administering and reviewing sign permits, rezoning applications, BZA applications, zoning permits and certificates, as well as BAR applications exceeds the fees received for these services; and WHEREAS, a report was prepared, dated July 15, 1988, which justifies an increase in these fees; and WHEREAS, Section 15.1-491(f) of the 1950 Code of Virginia, as amended, provides authority for towns to collect fees incident to the administration of a zoning ordinance; and WHEREAS, the required public hearing was held; and WHEREAS, the Planning Commission recommended the proposed fee changes with the exception of a reduction to $100 for appeals to the BZA; and WHEREAS, this change has been incorporated into this legislation; and WHEREAS, revisions of these fees will promote the public health, safety and welfare: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 8A-25(b) of the Leesburg Zoning Ordinance is hereby amended to read as follows: (b) Filing of Application; Fees. Applications for sign permits shall be filed on a form provided by the Zoning Administrator by the applicant or his agent with the Zoning Administrator, shall contain information required herein, and shall be accompanied by a fee, of $25.00 for signs less than six square feet, $35.00 for signs more than six square feet and $35.00 for a temporary sign permit of any size cc c~:~b-~~-vom-~-i~e--t-o~-i~e--b~-ve~o-~i-ou--o-f-~-h~--T-owm- 6ounei~. -2- ORDINANCE - AMENDING THE ZONING ORDINANCE REGARDING APPLICATION FEES SECTION II. Section 3B-4(e) of the Leesburg Zoning Ordinance is hereby amended to read as follows: (e) Application Filing Deadline and Fee. Applications for Historic District Zoning Permits must be made on forms provided by the Zoning Administrator and must be accompanied by a filing fee o__f $20.O0.a~,.~.l:~y_~.e.~:~l,~:.Aon..of...t..he-~~ Complete applications must be submitted at least 14 days before the scheduled monthly meeting at which applications request consideration. SECTION III. Section 9-3 of the Leesburg Zoning Ordinance is hereby amended to read as follows: 9-3 FEES. Fees and charges to be paid to the town for application for zoning permits shall be as follows: (a) For single- or multi-family dwellings to be newly erected, altered, reconstructed, enlarged or relocated, the fee for filing the application for a zoning permit shall be ~t~0-$25.00 per dwelling unit. (b) For newly erected, altered, reconstructed, enlarged or relocated non-residential uses, the fee for filing the application for a zoning permit shall be~-~0-.~)-$50.O0. (c) For newly erected, altered, reconstructed, enlarged or relocated accessory buildings, the fee for filing the application for a zoning permit shall be~-~-.4)O-$10.00. (Sections 9-3-1, 9-3-2 and 9-3-3 are reserved). SECTION IV. Section 9-2-4 of the Leesburg Zoning Ordinance is hereby amended to read as follows: 9-2-4 A zoning certificate shall be secured from the Zoning Administrator prior to the reoccupation or reuse of any lot, building or structure in previous established use when such reoccupation or reuse is of a different character or type than that of the previous established use. The zoning certificate shall state that the extent and kind of use proposed to be made of the lot building or structure conforms to the provisions of this Ordinance and be accompanied by an application fee of $10.00. SECTION V. Section 10-5(d) of the Leesburg Zoning Ordinance is hereby amended to read as follows: -3- ORDINANCE - AMENDING THE ZONING ORDINANCE REGARDING APPLICATION FEES (d) Applications and Appeal Procedure. An application to the Board for a variance, or interpretation of the Zoning District Rap, or any other case in which the Board has original Jurisdiction under the provisions of this Ordinance, may be made by any property o~aer, 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 following amounts: $100.00 - Appeals $350.00 - Variances $250.00 - Special Exceptions $100.00 - Conditionally permitted uses $250.00 - Temporary Uses All 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 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. Authority to Apply. An appeal to the Board may be taken by any person aggrieved 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~f j~l~f) to defray the cost of processing said appeal, 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. e Action by Board. If the Board decides that there was an error in the order, requirement, decision or determination of ORDINANCE - AMENDING THE ZONING ORDINANCE REGARDING APPLICATION FEES the zoning enforcement officer as specified in the notice of appeal, the Director of Finance shall return the aforementioned 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 VI. An amendment to Section 11-2 of the Leesburg Zoning Ordinance is hereby initiated, said amendment to read as follows: 11-2 INITIATION OF AMENDMENTS: Amendments of the Zoning Ordinance shall be initiated only in the following manner: 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. be 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 %rtxr~-~2{~-p~%-~, $1600 for the first 20 acres plus $40.00 per each acre thereafter, and 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 VII. All ordinances and resolutions in conflict herewith are repealed. -5- ORDINANCE - AMENDING THE ZONING ORDINANCE REGARDING APPLICATION FEES SECTION VIII. This ordinance shall be in full force and effect from and after its passage. PASSED this 8th day of November , 1988. Robert E. Sevila, Mayor Town of Leesburg ATTEST: Clerk of ~uncil