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
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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
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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