HomeMy Public PortalAbout1988_07_12_R125RESOLUTION NO.
A RESOLUTION:
PRESENTED July 12, 1988
88-125 ADOPTED July 12, 1988
INITIATING REENACTMENT OF A PORTION OF ARTICLE 11 OF THE
LOUDOUN COUNTY ZONING ORDINANCE AS ADOPTED AND ADMINISTERED
BY THE TOWN
WHEREAS, adoption of new general regulations within the Leesburg Zoming
Ordinance resulted in the repeal of Article 11 of the Loudoun County Zoning
Ordinance, as adopted and administered by the Town in the annexation area; and
WHEREAS, portions of Article 11 included procedures and standards for
review by the Board of Zoning Appeals of special exceptions authorized under
County zoning districts still in effect within the annexation area; and
WHEREAS, reenactment of those portions of Article 11 is essential to
ensure appropriate administration of the Zoning Ordinance; and
WHEREAS, this reenactment is in the best 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. Portions of the prior Article 11 of the Loudoun County
Zoning Ordinance, as adopted and administered by the town for the annexation
area, are hereby reenacted, modified and recodified to read as follows:
ARTICLE 11 - SPECIAL. EXCEPTIONS BEFORE BOARD OF ZONING APP~LS
1101 SPECIAL EXCEPTION APPLICATIONS TO THE BOARD OF ZONING APPEALS
1101.1
Authority to ADDly
Applications for special exceptions to use property in a manner
authorized by the provisions of this ordinance may be filed with
the Board of Zoning Appeals (hereinafter referred to as the BZA)
by any property owner, tenant, government official, department,
board or bureau.
Applications shall be delivered or mailed to the Leesburg Board of
Zoning Appeals, c/o the Zoning Administrator, Leesburg, Virginia.
At the same time a copy of the application shall be mailed to the
ARTICLE 11 - LOUDOUN COUNTY ZONING ORDINANCE
Secretary of the Planning Commission, Leesburg, Virginia, and
another copy shall be mailed to the individual, official, depart-
ment, or agency concerned, if any, as determined by the Zoning
Administrator.
The application shall be accompanied by the appropriate fee payable
to The Town of Leesburg. In addition, each such application shall
contain a concise statement of the subject to be brought before the
BZA.
1101.2
Application for Special Exception - Procedure
Applicants for a special exception, shall first submit the proposal
to the Zoning Administrator on a form to be provided by the Zoning
Administrator, including therewith all plans and information
relating to the application required by the BZA pursuant to
Section 15-1-496 of the Code of Virginia, 1950. The proposal
shall then be advertised pursuant to provisions of Section 15.1-431
of the Code of Virginia prior to public hearing by the Planning
Commission and/or BZA, or directly to the BZA pursuant to the
provisions and requirements of this ordinance.
1102
HEARING OF APPLICATION
1102.1
Time and Notice
Upon receipt of a special exception application, the BZA shall fix
a reasonable time for a hearing of such application, and in
addition to the notice conforming to Section 15.1-431 of the Code
of Virginia shall cause to be posted, at least ten (10) days
before such hearing, a poster calling attention to the nature and
substance of the application, the land involved, the name of the
applicant, and the date and place of public hearing. The BZA
shall prescribe the form of said poster, which shall be affixed to
a pole, post, fence, or structure on the land involved, if practic-
al, or if not, within three hundred (300) feet thereof,, and in
either event, in such location as to be clearly visible from a
public road. Upon the hearing, any party may appear in person or
by agent or by attorney.
1102.2
Decision
The BZA shall render a decision on any application submitted to it
within ninety (90) days of filing. An application shall not be
deemed filed until the applicant has met all submission require-
ments set forth in, or under authority of, this ordin~lce. No
such special exception may be granted except after notice and
hearing as provided in this ordinance.
1103
CONDITIONS AND STANDARDS
1103.1
Conditions
The BZA may, when granting a special exception, impose conditions
thereon, such as provisions for fencing, planting or other land-
scaping, additional setbacks from property lines, location and
ARTICLE 11 - LOUDOUN COUNTY ZONING ORDINANCE 3
arrangement of lighting, setting of reasonable time limitations,
and other reasonable requirements deemed necessary to safeguard
the interest of the general public. The BZAmay also require a
guarantee or bond to insure that the conditions imposed are being
and will continue to be complied with.
1103.2
Standards
In fulfilling the purposes and intent of this ordinance as set
forth in Article 1, the BZA in exercising the powers and duties
granted and imposed by the ordinance, shall be guided by the
following standards which shall be in addition to any other
standards imposed by this ordinance:
To prevent high population density on soils that are incapable of
providing adequate water supply, or of meeting proper sanitary
requirements for sewage disposal.
To protect against the overcrowding of land and undue ~3nsity of
population in relation to the community facilities existing or
available.
To facilitate orderly highway development and transportation, and
lessen traffic hazards and congestion.
To protect residential sections from unnecessary traffic, fire
hazards, noise, noxious fumes, or offensive odors and other
unwholesome conditions and influences.
The proposed use at the specified location shall be in harmony with
the policies embodied in the adopted comprehensive plan.
The proposed use shall be in harmony with the general purpose and
intent of the applicable zoning district regulations.
The proposed use shall be such that it will not adversely affect
the use or development of neighboring properties in accordance
with the applicable zoning district regulations and the applicable
provisions of the adopted comprehensive plan. The location, size
and height of buildings, structures, walls, and fences and the
nature and extent of screening, buffering, and landscaping shall
be such that'the use will not hinder or discourage the appropriate
development and use of adjacent or nearby land and/or buildings or
impair the value thereof.
SECTION II. A public hearing on this amendment shall be held at 7:30
p.m. on July 26, 1988, in the Council Chambers, 10 West Loudoun Street,
Leesburg, Virginia. In accordance with Section 15.1-431 of the Code of
Virginia, this hearing shall be a joint hearing of both Planning Commission
ARTICLE 11 - LOUDOUN COUNTY ZONING ORDINANCE 4
and Council. The clerk shall give notice of this hearing on July 13 and July
20, 1988, and shall advise the Planning Commission of the purpose, time and
date of the hearing.
SECTION III. The Planning Commission shall report its recon~endation
to the Town Council on the proposed amendment on July 26, 1988 fo].lowing the
public hearing.
PASSED this ~ day of
ATTEST:
Clerk of~
.h, lv , 1988.
Robert E. Sevila, Mayor
Town of Leesburg