HomeMy Public PortalAbout1997_10_14_O036 The Town of
Leesburg,
Virginia
PRESENTED October 14, 1997
ADOPTED October 14, 1997
ARTICLES 11 AND 13 OF THE LEESBURG ZONING
REGARDING NOTICE PROVISIONS FOR ZONING MAP
ORDINANCE NO.97-0-36
AN ORDINANCE: AMENDING
ORDINANCE
AMENDMENTS AND SPECIAL EXCEPTIONS
WHEREAS, on July 1, 1992, the Virginia General Assembly, in regular session, amended Section
15.1-431.1 of the Code of Virginia as it pertains to notice provisions; and
WHEREAS, said amendment authorizes localities to delegate by ordinance for applicants for zoning
map amendments and special exceptions the responsibility for posting all required notices, including written
notices; and
WHEREAS, the proposed zoning ordinance text amendments would require applicants for zoning map
amendments and special exceptions to provide written notification of required public hearings to adjacent
property owners; and
WHEREAS, on August 7, 1997 the Planning Commission held a public hearing on the proposed text
amendments and forwarded to Council a recommendation to adopt Resolution 97-165, as modified; and
WHEREAS, on October 14, 1997, Council held a public hearing on these proposed amen&ments; and
WHEREAS, these amendments to the zoning ordinance serve the public interest by placing the
responsibility for notifying adjacent property owners on the applicants for zoning map amendments and special
exceptions.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Leesburg Zoning Ordinance is hereby amended as follows:
SECTION 13A-5. PUBLIC HEARINGS
(1) Generally. Public hearings shall be advertised and held for all amendments to tlfis Ordinance
as required by Article I, Chapter II, Title 15.1 of the 1950 Code of Virginia, as amended.
(2) Landowner Initiated Cases - Adjacent Property Owner Notification. As provided for in Section
15.1-431.1 of the 1950 Code of Virginia, as amended, in any case involving a zoning map amendment or special
exception which is initiated at the request of a landowner, such landowner is hereby desigaated as the
appropriate and responsible party to send written notices required by this article and Section 15.1-431 of the
1950 Code of Virginia, as amended.
-2-
SECTION 1 lA-4.
APPLICATION REVIEW AND ENFORCEMENT PROCEDURES
(7) Public Hearing by Town Council/Adjacent Property_ Owner Notification. A public hearing by
the Town Council shall be held within ninety days of receipt of a complete application. Aa; prodded for
in Section 15.1-431.1 of the 1950 Code of Virginia, as amended, in any case invohcing a special
exception which is initiated at the request of a landowner, such landowner is hereby designated as the
appropriate and responsible party to send written notices required by Section 15.1-431 of the 1950
Code of Virginia, as amended.
SECTION II. All prior ordinances in conflict herewith are 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.
SECTION IV. This ordinance shall be in effect upon its passage.
PASSED this 144 day of October, 1997.
Clerk of Council
Jgtfies E. Clem, Mayor
Town of Leesburg