HomeMy Public PortalAbout2006_10_11_O028
AN ORDINANCE: TO AMEND AND REORDAIN the Zoning Ordinance of the
Town of Leesburg, Virginia, 2003, as amended by adding Section
3.15 (APPEALS OF PROFFER INTERPRETATIONS) to Article
3 (REVIEW AND APPROVAL PROCEDURES).
Information on Proposed Ordinance
Title
An Ordinance to amend and reordain the Zoning Ordinance of the Town of
Leesburg, Virginia, 2003, as amended by adding Section 3.15 (APPEALS OF PROFFER
INTERPRETATIONS) to Article 3 (REVIEW AND APPROV AL PROCEDURES).
Summary
The proposed Ordinance provides for the right to appeal proffer interpretations
and details the procedure.
Sponsor
Staff
Authority
Section 15.2-2301 of the Code of Virginia, 1950, as amended.
Estimated Cost of Implementation
Attachments in Addition to Proposed Ordinance
The Town of
Leesburg,
Virginia
PRESENTED September 12.2006
ORDINANCE NO. 2006-0-28
ADOPTED October 11. 2006
AN ORDINANCE: TO AMEND AND REORDAIN THE ZONING ORDINANCE
OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS
AMENDED BY ADDING SECTION 3.15 (APPEALS OF
PROFFER INTERPRETATIONS) TO ARTICLE 3 (REVIEW
AND APPROVAL PROCEDURES).
The Town Council of Leesburg, Virginia, ordains:
SECTION I. That the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended be and the same is hereby amended and reordained by adding Section
3.15 (APPEALS OF PROFFER INTERPRETATIONS), to Article 3 (REVIEW AND
APPROV AL PROCEDURES), to read as follows:
3.15 Appeals of Proffer Interpretations
3.15.1 Authority. The Town Council shall be authorized to hear and decide
appeals where it is alleged there is an error in any decision of the Zoning
Administrator or any order. requirement. decision or determination made by an
administrative official in the administration or enforcement of approved proffers
associated with a zoning map amendment. In this capacity. the Town Council
exercises appellate iurisdiction as a quasi-iudicial body: its res1Jonsibility is to
determine the intent of the proffered conditions( s) when applied to a particular
situation.
2
AN ORDINANCE: TO AMEND AND REORDAIN THE ZONING ORDINANCE
OF THE TOWN OF LEESBURO, VIRGINIA, 2003, AS
AMENDED BY ADDING SECTION 3.15 (APPEALS OF
PROFFER INTERPRETATIONS) TO ARTICLE 3 (REVIEW
AND APPROVAL PROCEDURES).
3.15.2 Rie:ht to Anneal. Appeals of administrative decisions pertaining to
proffered conditions may be filed by any zoning applicant or any other person
who is aggrieved by a decision of the Zoning Administrator.
3.15.3 Annlication Filine:.
1. Appeal applications shall be filed with the Town Clerk and Zoning
Administrator.
2. The required application form must be completed and signed by the
applicant and property owner.
3. Appeals shall be filed within thirty (30) days from the date of the
decision for which review is sought and shall specify the grounds upon
which the petitioner is aggrieved.
4. Upon receipt of an application. the Town Clerk shall accept or reiect the
application within five (5) business days of the date of submission. Upon
acceptance. the Town Clerk shall transmit a copy of the completed
application to the Town Council.
3.15.4 Record of Administrative Decision. The Zoning Administrator shall
transmit to the Town Council all papers constituting the record upon which the
action appealed is taken.
3.15.5 Public Hearine: Notice. The Town Council shall hold a public hearing
3
AN ORDINANCE: TO AMEND AND REORDAIN THE ZONING ORDINANCE
OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS
AMENDED BY ADDING SECTION 3.15 (APPEALS OF
PROFFER INTERPRETATIONS) TO ARTICLE 3 (REVIEW
AND APPROVAL PROCEDURES).
within thirty (30) days of the date of acceptance of the completed application.
Notice of the public hearing shall be provided as set forth in Sec. 3.1.9. Any
person may appear at the hearing in person or by an attorney at law.
3.15.6 Town Council Review and Decision.
I. The Town Council shall render a decision on the appeal within thirty
(30) days of the conclusion of the public hearing.
2. The Town Council may reverse or affirm wholly or in part or may
modify the decision being appealed.
3.15.7 Approval Criteria: Findine:s of Fact. An appeal shall be sustained only
if the Town Council finds that the Zoning Administrator erred. The decision of
the Town Council shall be accompanied by specific. written findings of fact and
conclusions clearly stating the reason for the decision. The Town Council shall
file with the Zoning Administrator its findings with respect to the appeal. The
Zoning Administrator shall serve a copy of the decision on the appellant and upon
each other person who was a party of record at the hearing.
3.15.8 Appeals. Any person aggrieved by a decision of the Town Council may
appeal said decision to the Circuit Court within thirtv (30) days from the date of
the Council's decision.
4
AN ORDINANCE: TO AMEND AND REORDAIN THE ZONING ORDINANCE
OF THE TOWN OF LEESBURG, VIRGINIA, 2003, AS
AMENDED BY ADDING SECTION 3.15 (APPEALS OF
PROFFER INTERPRETATIONS) TO ARTICLE 3 (REVIEW
AND APPROVAL PROCEDURES).
SECTION II. This Ordinance shall become effective upon the date and at the
time of its final passage.
SECTION III. If any provision of this Ordinance is declared invalid, the decision
shall not affect the validity of the ordinance as a whole or any remaining provisions of the
Ordinance.
PASSED this 11th day of October 2006.
~~
. en C. mstattd~ - '.yor .
Town of Leesburg
ATTEST:
5