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HomeMy Public PortalAbout1986_10_08_R216~rg in CVirginia RE SOLUTION NO. A RESOLUTION: PRESENTED October 8, 1986 86-216 ADOPTED October 8, 1986 INITIATING PROPOSED AMENDMENTS TO THE LEESBURG ZONING ORDINANCE REGARDING DISCLOSURE OF REAL PARTIES IN INTEREST WHEREAS, the 1986 General Assembly with the Town's support enacted an amend- ment to Section 15.1-486.1 of the Code of Virginia to permit the Town of Leesburg to require any applicant for amendment to the Zoning Ordinance or variance to disclose the equitable ownership of the real estate to be affected; and WHEREAS, this Council believes that the incorporation of such disclosure provisions within the town's Zoning Ordinance is in the interest of the public necessity, convenience, general welfare and good zoning practice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Amendments to the Leesburg Zoning Ordinance to revise Section 8-2-11-12(a), 9-6(b), 10-3-1, and ll-2(b) are iritiated as follows: 8-2-11-12. Application and approval. (a) Application for a special exception by the Council shall be made on forms provided by the zoning administrator who shall transmit a copy to the Planning Commission for recommendation. Each such application will be accompanied by a filing fee of $100 to defray the cost of processing said application, which amount shall be paid to the Director of Finance. Special exception applications shall include a disclosure statement~ si~ned by the applicant and notarized; of the equitable ownership of the real estate affected, which shall list the names and addresses of all of the real parties in interest~ includin$ all applicants~ title owners~ contract purchasers~ and lessees of the land described in the application~ all partners~ both Seneral and limited~ in any partnership; and~ if any of the fore~oin~ 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 havin~ more than five hundred shareholders. The -2- INITIATING PROPOSED AMENDMENTS REGARDING DISCLOSURE applicant shall keep this information current at all times durin~ the processin~ of the application. The Planning Commission shall transmit its recommendation to the Council no later than thirty days after the first meeting of the Commission after the application has been referred to the Commission. 9-6. Approval of Conditional Uses: General: Fee (b) Application for a Conditional Use Permit shall be made to the Zoning Administrator, on forms prescribed by him at least 21 days prior to the Commission meeting at which first con- sideration is desired and shall be accompanied by a zoning plan necessary to demonstrate that the conditions for approval set out in the Article shall be fulfilled. Each such application shall be accompanied by a filing fee of $100 to defray the cost of processing said application, which amount shall be paid to the Director of Finance. Conditional Use Permits shall include a disclosure state- ment~ si~ned b~ 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~ includin~ all applicants~ title owners~ contract purchasers~ and lessees of the land described in the application~ all partners~ both ~eneral and limited~ in any partnership, and~ if any of the fore~oin~ is a trustee; each beneficiar~ havin~ 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 appl~ to a corporation whose stock is traded on a national or local stock exchange and havin~ more than five hundred shareholders. The applicant shall keep this information current at all times durin~ the processin~ of the application. 10-3-1. An application to the Board for a variance, special exception, or interpretation of the Zoning District Map, or any other case in which the Board has original jurisdiction under the provi- sions of this Ordinance may be made by any property owner, 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 applica- tion shall be accompanied by a filing fee of $100 to .defray the cost of processing said application, which amount shall be paid to the Director of Finance. Ail applications for a variance or special exception~ shall include a disclosure statement~ si~ned b~ the applicant and notarized~ of the equitable ownership of the real estate plan.resl -3- INITIATING PROPOSED AMENDMENTS REGARDING DISCLOSURE 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 require- ment 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. 11-2. INITIATION OF AMENDMENTS (b) 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 of $300, plus $20 per acre, 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 II. This amendment upon its adoption shall apply within the entire corporate limits of the Town of Leesburg. SECTION III. A notice of public hearing on this amendment shall be published in the Loudoun Times Mirror on October 23, 1986, and October 30, 1986, for public hearing on November 12, 1986. In accordance with Section 15.1-431 of the Code of Virginia, as amended, this hearing shall be a joint public hearing of INTITIATING PROPOSED AMENDMENTS REGARDING DISCLOSURE the Planning Commission and Council. The Clerk shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION IV. The Planning Commission shall report its recommendation to the Town Council on the proposed amendment within 30 days of the public 'hearing. PASSED this 8th day of ATTE ST': ~ ~ Clerk of C~ncil plan.res2 Octobe~~~1986. Robert E. Sevil~, ~4ayor Town of Leesburg