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HomeMy Public PortalAbout1991_12_10_O054The Town of Leesburg, lv'irginia ORDINANCE NO. AN ORDINANCE: PRESENTED December 10~ 1991 91-0-54 ADOPTED December 10, 1991 AMENDING THE LEESBURG ZONING ORDINANCE SECTION 11A-4(13) TO PROVIDE A PROCESS FOR THE REVOCATION OF SPECIAL EXCEPTIONS AUTHORIZED BY THE TOWN COUNCIL WHEREAS, Section llA-1 of the Leesburg Zoning Ordinance provides that certain uses should be approved by the Town Council by special exception; and WHEREAS, the Town Council may impose certain conditions to the special exception approval; and WHEREAS, the conditions of approval attached to the special exception may not be complied with by the owner or operator; and WHEREAS, a clear legislative and administrative process to correct potential problems that may arise from the approval of a special exception should be provided as part of the special exception process; and WHEREAS, the existing text of the Zoning Ordinance does not provide for a specific means of revoking a special exception for failure of the owner or operator to comply with the conditions of the special exception: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Article 11, of the Leesburg Zoning Ordinance is hereby amended to include the new section shown below: Section 11A-4. Application, Review and Enforcement Procedures. (13) Revocation of a Special Exception. A special exception approval may be revoked by the Town Council upon non-compliance and/or violation of any condition attached to the special exception, after notice and a public hearing pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. ZONING ORDINANCE AMENDMENT - REVOCATION OF SPECIAL EXCEPTION APPROVAL SECTION IV. PASSED this This ordinance shall be in effect upon its passage. 10th day of December , 1991. Town of Leesburg ATTEST: Clerk of Council O:SEREV