Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Written Notice.

   1. 1.
      Landowner Initiated Cases. In any case involving a zoning map amendment, special exception or variance which is initiated at the request of a landowner, such landowner shall be designated by the Planning Commission, Town Council or Board of Zoning Appeals as the appropriate and responsible party for sending any written notice required by this section and Section 15.2-2204 of the Code of Virginia, 1950, as amended.
   2. 2.
      Cases Involving 25 or Fewer Tax Map Parcels. For a zoning map amendment, special exception or variance that involves 25 or fewer tax map parcels, the Planning Commission, Town Council, Board of Zoning Appeals, or designee as appropriate shall provide written notice of the public hearing to:

      1. a.
         Owners, etc. The owner or owners, their agent or the occupant, of each parcel involved and to the owner or owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected, including those properties which lie in other localities of the Commonwealth.
      2. b.
         Planned Development District: In addition, if any portion of the affected property is within a planned development district, then written notice of a public hearing shall be provided to any incorporated property owners associations within the planned development district that have members owning property located within 2,000 feet of the affected property.
      3. c.
         Public Land: In addition, when a proposed amendment to the zoning ordinance involves a tract of land not less than 500 acres owned by the Commonwealth or by the federal government, and when the proposed change affects only a portion of the larger tract, notice need be given only to the owners of those properties that are adjacent to the affected area of the larger tract.
      4. d.
         When/Type of Mail: Notice shall be sent at least ten (10) calendar days before the hearing by registered or certified mail to the last known address of an owner as listed in the current Loudoun County real estate tax assessment records or current real estate tax assessment books.
      5. e.
         Continued Hearing: If the hearing is continued, notice shall be re-mailed.
   3. 3.
      Cases Involving More Than 25 Tax Map Parcels. For a zoning map amendment, special exception or variance application that involves more than 25 tax map parcels, the Planning Commission, Town Council, Board of Zoning Appeals, or designee as appropriate shall provide written notice of the public hearing to:

      1. a.
         Owners, etc. The owner, owners, or their agent of each parcel involved and to the owner or owners, or their agent of all abutting property and property immediately across the street or road from the property affected, including those properties which lie in other localities of the Commonwealth.
      2. b.
         Planned Development District: In addition, if any portion of property that is the subject of a proffered zoning map amendment and/or is within a planned development district then written notice of a public hearing shall be provided to any landowner subject to such existing proffered conditions in accordance with § 15.2-2302 of the Code of Virginia, 1950, as amended.
      3. c.
         When/Type of Mail: Notice shall be sent at least ten (10) calendar days before the hearing by first class mail to the last known address of an owner as listed in the current Loudoun County real estate tax assessment records or current real estate tax assessment books.
      4. d.
         Continued Hearing: If the hearing is continued, notice shall be re-mailed.
   4. 4.
      Zoning Ordinance changes that decrease density. For a Zoning Ordinance text change that decreases the allowed dwelling unit density of any parcel of land, the Planning Commission or its representative shall provide written notice of the public hearing to:

      1. a.
         Owners, etc. The owner, owners or their agent of each parcel involved and to the owner or owners, or their agent of all abutting property and property immediately across the street or road from the property affected, including those properties which lie in other localities of the Commonwealth. However, written notice of such changes to zoning ordinance text regulations shall not have to be mailed to the owner, owners or their agents of lots shown on a subdivision plat approved and recorded pursuant to the Subdivision and Land Development Regulations where such lots are less than 11,500 square feet.
      2. b.
         When/Type of Mail: Notice shall be sent at least ten (10) calendar days before the hearing by first class mail to the last known address of an owner as listed in the current Loudoun County real estate tax assessment records or current real estate tax assessment books.
      3. c.
         Continued Hearing: If the hearing is continued, notice shall be re-emailed.
   5. 5.
      Notice to Adjoining Localities. When a comprehensive plan amendment, zoning map amendment, or special exception application involves any parcel of land located within one-half mile of a boundary of an adjoining locality of the Commonwealth, written notice of the application shall be given by the local commission, or its representative, at least ten (10) calendar days before the hearing to the chief administrative officer, or his designee, of such adjoining locality.
   6. 6.
      Contents of Written Notice. All required written notice shall contain:

      1. a.
         The time, date and place of hearing;
      2. b.
         A brief description of the matter being heard;
      3. c.
         Identification of the land that is the subject of the application (including the tax map number of the property and complete street address of the property, if any); and
      4. d.
         The assigned case file number.
   7. 7.
      Notice by Town. Notwithstanding any other provisions of this section, whenever the notices required under this section are sent on behalf of an agency, department or division of the Town, such notice shall be sent by the Zoning Administrator and may be sent by first class mail; however, the Zoning Administrator shall make affidavit that such mailings have been made and file such affidavit with the papers in the case.
   8. 8.
      Certification. At least five (5) calendar days prior to the hearing, an affidavit, prepared by the person or persons, or their representative providing notice, shall be filed with the Director of Planning and Zoning certifying that written notices have been sent and such affidavit shall include a list of names of those to whom notice was sent. A copy of such affidavit shall be presented at the beginning of the public hearing on the application.
   9. 9.
      Failure to Receive Notice. Failure to receive any notice of a hearing required by this section, in and of itself, shall not invalidate any action taken at or subsequent to the hearing.
   10. 10.
       Condominium Ownership. In the case of a condominium, written notice may be sent to the unit owners’ association instead of to each individual unit owner.
   11. 11.
       Notice to County. For a comprehensive plan amendment, a zoning map amendment, or special exception application involving any parcel of land located within one-half mile of a boundary of an adjoining locality in the Commonwealth, then written notice shall also be given by the Zoning Administrator to the chief administrative officer or his designee, of such adjoining locality. Such notice must be mailed at least ten (10) days prior to the hearing.
   12. 12.
       Notice to Airport Owner. For a comprehensive plan amendment, a zoning map amendment, or special exception application involving any parcel of land located within 3,000 feet of a boundary of a licensed public-use airport, then written notice shall also be given at least thirty (30) days before the public hearing to the owner of the public-use airport, and the notice shall advise of the opportunity to submit comments or recommendations.
   13. 13.
       Notice involving Electric Transmission Corridors. When a comprehensive plan amendment designates or alters previously designated corridors or routes for electric transmission lines of 150 kilovolts or more, written notice shall also be given by the Zoning Administrator to each electric utility with a certified service territory that includes any part of such designated electric corridor transmission corridors or routes at least ten (10) days prior to the hearing.
   14. 14.
       Board of Architectural Review Written Notice. For cases before the Board of Architectural Review, the town shall mail written notice of the public hearing by first class mail at least ten (10) calendar days prior to the public hearing.
2. B.
   Placard Notice. Placard notice shall be posted by the applicant, using a form of placard approved by the Town Council, at least fifteen (15) calendar days and no more than twenty (20) calendar days prior to each public hearing. Certification of posting shall be provided to the Director of Planning, Zoning and Development, except that such certification shall be provided to the Zoning Administrator for public hearings before the Board of Zoning Appeals.

   1. 1.
      Location of Placards. Placards shall be affixed to a pole, post, fence or other structure to be clearly visible from each public road abutting the property. If no public roads abut the property, then the placard shall be posted so as to be clearly visible from at least two abutting properties and at the access points to said property. Placards shall be weatherproof.
   2. 2.
      Contents of Placards. Placards shall contain:

      1. a.
         The time, date and place of the hearing;
      2. b.
         The type(s) of application(s) and assigned case file number(s); and
      3. c.
         Identification of the board, commission, committee or council holding the hearing.
   3. 3.
      Maintenance and Removal of Placards. The applicant shall maintain all placards up to the time of the hearing and shall remove all posted placards no later than fifteen (15) calendar days after the public hearing has been closed.
   4. 4.
      Penalties. It shall be unlawful for any person to destroy, deface or remove such placard notice. Any person taking such action shall be subject to the penalties set forth in Sec. 17.3.
3. C.
   Newspaper Notice. The Town shall give newspaper notice prior to each public hearing.

   1. 1.
      Type of Newspaper. Notice shall be published in a newspaper or newspapers of general circulation in the locality
   2. 2.
      Contents of Newspaper Notice. The notice shall contain:

      1. a.
         The time, date and place of the hearing;
      2. b.
         A brief description of the matter being heard;
      3. c.
         Identification of the land that is the subject of the application including the property tax identification number, tax map number and complete address of the property, if any;
      4. d.
         In the case of a zoning map amendment, including an amendment to an approved concept plan, or a modification of ordinance regulations, the general usage and density range of the proposed zoning amendment, and the general usage and density range, if any, set forth in the Town Comprehensive Plan shall be included within the notice; and
      5. e.
         The assigned case file number.
      6. f.
         References to the place or places in the Town where copies of the proposed plans, ordinances or amendments may be examined.
   3. 3.
      Time of Newspaper Notice. The notice shall appear at least once a week for two (2) successive weeks with not less than six (6) days elapsing between the first and second publication. The second advertisement shall be published no more than twenty-one (21) calendar days and no fewer than five (5) calendar days prior to the public hearing.
4. D.
   Notice Requirements for Particular Hearings. The following hearings require the following form of notice:

   1. 1.
      Appeals to Town Council. Public hearings on appeals to the Town Council require that the Town provide newspaper notice of the hearing.
   2. 2.
      Appeals to Board of Zoning Appeals. Public hearings on appeals to the Board of Zoning Appeals require that the Town provide newspaper notice of the hearing.
5. E.
   Cost of Notice. The cost of all notice required by this section shall be paid by the applicant. The costs of placing the original newspaper notice are included in the application fee. However, the cost of newspaper notices for re-hearings or additional hearings required by the applicant’s actions shall be paid by the applicant.
6. F.
   Additional Notice Required.

   1. 1.
      Deferral. If an item is not heard at the time for which it was noticed and the public hearing is not opened, but is deferred at that time to another date, all notice required by this section shall be given for the deferred public hearing.
   2. 2.
      Closed Public Hearings. If a public hearing is closed but the particular agenda item is not completed, no additional notice is required as long as the date(s) for completion of the public hearing agenda is announced at the hearing that has been closed.

Effective on: 1/1/1901

1. A.
   Once an application is deemed inactive it may be reactivated by the applicant at any time in the following six (6) months. If an applicant wishes to reactivate an application during this subsequent six (6) month period, the applicant must notify the town in writing of their intent to proceed with the application, grant the town an appropriate extension of time and pay a reactivation fee as established by the Town Council. Any application that is not re-activated prior to the end of the allowed one (1) year period of inactivity shall lapse and be of no further effect and no further processing of the application shall occur. The application is considered withdrawn, and a new application must be submitted with the appropriate fee. For example, if a rezoning application has been accepted and staff issued comments on July 1, 2003 but no response has been received from the applicant by January 1, 2004, the application is deemed inactive. If applicant makes no attempt to reactivate the application by June 30, 2004, the application is considered withdrawn.
2. B.
   Once an application is reactivated, the inactivity period rules still apply, so that a reactivated application can subsequently be deemed inactive again if suspended by request of the applicant or by lack of activity by the applicant for a period of six (6) months. Thereafter the process described above is repeated and the application will either be reactivated again or deemed withdrawn.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Subject to any applicable public notice or hearing requirement of subsection B but notwithstanding any other provision of law, any landowner subject to conditions proffered pursuant to §§ 15.2-2297, 15.2-2298, 15.2-2303, 15.2-2303.1, or 15.2-2303.4 of the Code of Virginia, 1950, as amended, may apply to the Town Council for amendments to or variations of such proffered conditions provided only that written notice of such application be provided in the manner prescribed by Sec. 3.1.9 Public Hearing Notices to any landowner subject to such existing proffered conditions. Further, the approval of such an amendment or variation by the Town Council shall not in itself cause the use of any other property to be determined a nonconforming use.
2. B.
   There shall be no such amendment or variation of any conditions proffered pursuant to VA. Code §§ 15.2-2297, 15.2-2298, 15.2-2303, 15.2-2303.1, or 15.2-2303.4 until after a public hearing before the Town Council advertised pursuant to the provisions of Sec. 3.1.9 Public Hearing Notices. However, where an amendment to such proffered conditions is requested pursuant to subsection A, and where such amendment does not affect conditions of use or density, the Town Council may waive the requirement for a public hearing (i) under this section and (ii) under any other statute, ordinance, or proffer requiring a public hearing prior to amendment of such proffered conditions.
3. C.
   Once amended pursuant to this section, the proffered conditions shall continue to be an amendment to the Zoning Ordinance and may be enforced by the Zoning Administrator pursuant to the applicable provisions of this chapter.
4. D.
   Notwithstanding any other provision of law, no claim of any right derived from any condition proffered pursuant to VA. Code §§ 15.2-2297, 15.2-2298, 15.2-2303, 15.2-2303.1, or 15.2-2303.4 as amended, shall impair the right of any landowner subject to such a proffered condition to secure amendments to or variations of such proffered conditions.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Application. An application, on a form provided by the town, completed and signed by the applicant and owner(s) of the property. The applicant shall keep this information current at all times during the processing of the application.
2. B.
   Fee. Associated fee, payable to the Town of Leesburg.
3. C.
   Disclosure Statement. A disclosure statement of the real parties in interest, on a form provided by the town, signed by the applicant and notarized, in accordance with Section 15.2-2289 of Code of Virginia, 1950, as amended. The applicant shall keep this information current at all times during the processing of the application.
4. D.
   Existing Conditions Plan.

   1. 1.
      Boundary outline of the subject property;
   2. 2.
      Existing planimetric information on the subject property;
   3. 3.
      Names and route numbers of all boundary roads or streets, and the width of existing rights-of-way;
   4. 4.
      Existing topography with 5’ contours;
   5. 5.
      Existing utility easements;
   6. 6.
      Structures within 200 feet of proposed structure or use;
   7. 7.
      Existing landscaping and treed areas; and
   8. 8.
      Scale, north arrow and date.
5. E.
   Concept Plan. Twenty (20) copies, or other number as determined by the Land Development Official, of a concept plan, drawn to a scale of 1 inch = 100 feet, or a scale agreed to by the Town, illustrating the following features:

   1. 1.
      Insert vicinity map;
   2. 2.
      Total area of property in square feet and acres;
   3. 3.
      Tax map parcel or pin number of the subject property;
   4. 4.
      Conceptual grading with 5’ contours and directional arrows depicting overland drainage;
   5. 5.
      Scale, north arrow and date;
   6. 6.
      Adjacent owner names, zoning and use;
   7. 7.
      Vehicular and pedestrian points of access to the property;
   8. 8.
      Existing and proposed utility easements;
   9. 9.
      Conceptual sewer and water connections to each proposed structure;
   10. 10.
       Existing and proposed structures;
   11. 11.
       Required yards and height and proposed setbacks and building heights, both in tabular form and graphically shown on the Concept Plan;
   12. 12.
       Environmental and historic features, including but not limited to sites or structures listed on the National Register of Historic Places or the Virginia Landmarks Register, or in the Town Plan Historic Resources element;
   13. 13.
       Structures within 200 feet of proposed structure or use;
   14. 14.
       Existing and proposed landscaping, screening and buffering;
   15. 15.
       Tree save areas, which may include individual trees and groupings;
   16. 16.
       Additional information as may be required by the Land Development Official to provide a comprehensible application given the rezoning proposal. Any additional information that may be required will be discussed as part of the pre-application meeting;
   17. 17.
       Building Elevations for all new construction or major alterations to existing structures;
   18. 18.
       All submittal documents (e.g., Statement of Justification, proffers, etc.) shall be submitted in a word format (.DOC);
   19. 19.
       All plans shall be submitted in a digital format (.PDF and .DXF);
   20. 20.
       Where a proposed structure lies within 50’ of the boundary of the property, cross-sections extending 50 feet from within the subject property and extending 50 feet into the adjoining property shall be provided;
   21. 21.
       Where a street is proposed, a typical section shall be provided. The typical section should include the location and dimensions of: curb and gutter, on-street parking (if provided), travel lanes, landscaping areas, and sidewalk. The section should extend from building face to building face or 20’ beyond the paving section; and
   22. 22.
       A lighting plan shall be provided to depict the general location of lighting fixtures and their general lighting distribution pattern.
6. F.
   Statement of Justification. Twenty (20) copies, or other number as determined by the Land Development Official, of a written statement of justification describing:

   1. 1.
      The nature of the request and uses proposed;
   2. 2.
      Traffic Impact Summary that shall include the following: (1) a Trip Generation Table that lists the proposed land uses and the daily and peak hour trip generation as shown in the current edition of the Institute of Traffic Engineers Trip Generation Manual; (2) A Statement whether traffic impact does or does not require mitigation and a description of any proposed mitigation as concluded by the Traffic Impact Analysis; and (3) a description of any proposed public road improvements
   3. 3.
      Impacts on adjacent uses and measures proposed to mitigate such impacts.
   4. 4.
      Area calculations for each use;
   5. 5.
      Dwelling unit count and mix or proposed building Floor Area Ratio (F.A.R.);
   6. 6.
      Relationship of the proposal to the Town Plan;
   7. 7.
      Justifications for each of the required approval criteria; and
   8. 8.
      Any proposed variations or modifications of submittal requirements.
7. G.
   Traffic Impact Analysis. Traffic impacts, including the maximum expected trip generation and the distribution of such trips by mode and the time of day based on current Institute of Transportation Engineers (ITE) Manual, internal road network, and connection into the existing transportation network. A traffic study, as described in Article 7 of the Design and Construction Standards Manual, will be required for all applications where the proposed land use:

   1. 1.
      Is adjacent to a road that currently carries or is proposed to carry more than 500 vehicle trips per day (VPD); or
   2. 2.
      Contains a road proposed to carry more than 500 vehicle trips per day (VPD); or
   3. 3.
      Is adjacent to a road that currently or is proposed to carry 100 or more peak hour vehicle trips per day; or
   4. 4.
      If the traffic study for the proposed activity is more than one (1) year old.
   5. 5.
      Waiver Provision. This requirement may be waived at the discretion of the Land Development Official at the applicant’s written request filed with the initial application. Any such waiver shall be based upon a finding that such analysis is unnecessary due to the existence of previous studies and analyses which adequately cover the extent of the proposed development and its traffic impact, or if applicant supplies adequate proof that the proposed use does not increase the number of employees or customers using the site, or if otherwise justified by the applicant. The Land Development Official shall set forth in writing the reasons for the determination.
8. H.
   Rezoning Plat. A rezoning plat, signed and sealed by a certified land surveyor, completed not longer than six (6) months in advance of the date of the application, that contains the following information:

   1. 1.
      Boundaries of the entire property, with bearings and distances of the perimeter property lines and of each existing and proposed zoning district.
   2. 2.
      Total area of the property and of each existing and proposed zoning district presented in square feet and acres.
   3. 3.
      Scale and north arrow, with north, to the extent feasible, oriented to the top of the plat.
   4. 4.
      Location of all existing buildings and structures.
   5. 5.
      Names and route numbers of all boundary roads or streets, and the width of existing rights-of-way
9. I.
   Proffers. If the applicant desires to proffer reasonable conditions along with the rezoning application, either a set of signed proffers or a draft set of proffers shall accompany the application.
10. J.
    Fiscal Impact Analysis. A fiscal impact analysis, prepared by the Town from data submitted by the Applicant relating to the proposed concept development, which demonstrates the long-term fiscal benefits and costs to the Town of the proposal. (Ord. No. 2022-O-021, 7/26/2022)
11. K.
    Conceptual Grading Plan. A Conceptual grading plan is required for all rezoning applications. This plan shall be based upon field shot topography, aerial topography, or Loudoun County GIS topography and shall at a minimum include the following information:

    1. 1.
       Adequate existing and proposed contours and spot shots to confirm that adequate drainage and stormwater management can be provided for the site.
    2. 2.
       The location of potential SWM/BMP facilities including sufficient preliminary SWM/BMP computations to ensure that the site layout will not have to be significantly altered to provide these facilities at time of the construction drawings.
    3. 3.
       A clear depiction of the location of any potential areas of existing or proposed steep slopes (greater than 3:1) including locations and heights of any required retaining walls as well as any conceptual stabilization measures, proposed ground covers, etc.
12. L.
    Reduced Plat. An 8.5” × 11” reduction of the concept plan.
13. M.
    Archeological/Historic Information. The applicant shall provide the following information with the initial submission to determine if there are historic and/or archeological resources of local, state or national significance that are worthy of protection on the proposed site;

    1. 1.
       Structures, any portion of which is 50 years of age or older, located on any portion of land designated to be rezoned, require an Intensive Level architectural survey conducted in accordance with the latest version of State Historic Preservation Office (SHPO) survey standards by an individual or firm that meets the professional qualification standards set forth in 36 CFR 61, Appendix A to evaluate the structure and the site for its local, state, or national significance as an individual resource or as a district using:

       1. a.
          The National Register Criteria for Evaluation listed in 36 CFR 60.4; and
       2. b.
          The Criteria for Designation listed under Section 7.5.10.B.1 of the Zoning Ordinance.
    2. 2.
       An archeological survey shall be conducted in accordance with the latest version of SHPO standards by an individual or firm that meets the professional qualification standards set forth in 36 CFR 61, Appendix A to evaluate any archeological deposits on the property that may be of local, state, or national significance using the National Register Criteria for Evaluation listed in 36 CFR 60.4.
    3. 3.
       A letter from the State Historic Preservation Office concurring with the evaluations listed above.
    4. 4.
       Recommendations for mitigating the adverse impact of any proposed development on significant historic structures and significant archeological resources that exist on the property. Avoidance of adverse impacts is the preferred mitigation alternative, although other mitigation alternatives may be considered if consistent with local historic preservation guidelines and historic resource best management practices.
14. N.
    Zoning Modifications/Waivers Analysis. Every request for a modification and/or waiver of a zoning requirement shall be accompanied by a detailed justification statement that must answer the following questions:

    1. (1)
       How is the requested modification/waiver intended to achieve a more reasonable use of the subject property;
    2. (2)
       How does it achieve an innovative design;
    3. (3)
       How does it improve upon existing regulations or otherwise exceed the public purpose of the existing regulations; and
    4. (4)
       Demonstrate that it is not requested for the primary purpose of achieving maximum density on the subject property.

    1. 1.
       Buffer Yard Modifications/Waivers. For buffer yard modifications/waivers, information shall also include the following:

       1. a.
          An exhibit illustrating the extent and location of the required buffer yards overlaid on the proposed plan;
       2. b.
          A calculation of the square footage reduction in the required buffer yard; and
       3. c.
          A calculation of the difference in number and type of the plant materials required and proposed.
    2. 2.
       Other Modifications/Waivers. For other types of modifications/waivers, information shall also include illustrations, exhibits, and/or, section drawings to best depict the effect of the requested waiver/modification. Computations shall be included to illustrate the net effects of the request on, as applicable, including, but not limited to, lot size, total open space area, numbers of parking spaces, gross floor area of commercial uses and residential density compared to development that fully complies with all applicable requirements of the Zoning Ordinance.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Consistency with the Town Plan, including but not limited to the Land Use Compatibility policies;
2. B.
   Consistency with any binding agreements with Loudoun County, as amended, or any regional planning issues, as applicable;
3. C.
   Mitigation of traffic impacts, including adequate accommodation of anticipated motor vehicle traffic volumes and emergency vehicle access;
4. D.
   Compatibility with surrounding neighborhood and uses; and
5. E.
   Provision of adequate public facilities.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Changes are limited to minor layout, design or dimensional modifications in response to issues of topography, drainage, underground utilities, structural safety, vehicular circulation or requirements of government agencies;
2. B.
   There are no negative impacts to the surrounding properties;
3. C.
   Modifications shall not include the addition of any structure or addition to any structure in excess of five percent (5%) or 2,500 square feet, whichever is less;
4. D.
   No new conditions, proffers or amendments are necessary;
5. E.
   There are no code enforcement complaints or actions pending on the site;
6. F.
   Proposed changes do not increase intensity of use. Examples include, but are not limited to, increased seats, employees, visitors, customers, vehicle trips or hours of operation;
7. G.
   Modifications may be requested for:

   1. 1.
      A setback to accommodate healthy existing trees and/or their root zones;
   2. 2.
      Setbacks to accommodate an error in siting;
   3. 3.
      Change to the location of design of buffers, landscape areas or trees provided there is no reduction in plant materials or area;
   4. 4.
      Change or reduction in vehicle loading areas;
   5. 5.
      Reduction in number of parking spaces by an amount not to exceed 10 percent of the spaces required per Section 11.3 (Parking Standards Table).

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Application. An application on a form provided by the town, completed and signed by the applicant and owner(s) of the property. The applicant shall keep this information current at all times during processing of the application.
2. B.
   Fee. Associated fee, payable to the Town of Leesburg.
3. C.
   Statement of Compliance. Written statement with supporting evidence regarding compliance with the Approval Criteria of Sec. 3.4.12 Approval Criteria and applicable use standards of Sec. 9.3 if applicable. This statement may be combined with the Written Statement required in Sec. 3.4.6F.
4. D.
   Disclosure Statement. A disclosure statement of the real parties in interest on a form provided by the town, signed by the applicant and notarized, in accordance with Section 15.2-2289 of the Code of Virginia, 1950, as amended. The applicant shall keep this information current at all times during processing of the application.
5. E.
   Special Exception Plat. Twenty (20) copies, or other number as determined by the Land Development Official, of a concept plan, drawn to a scale of 1 inch = 100 feet, or a scale agreed to by the town, containing the following information:

   1. 1.
      Boundaries of the entire property;
   2. 2.
      Total area of the property in square feet and acres;
   3. 3.
      Location of all existing and proposed structures, including but not limited to lighting, signs and buildings;
   4. 4.
      Location and distance of all off-site structures within fifty (50) feet of the property, (Including but not limited to lighting, signs and buildings;
   5. 5.
      Required yards and height and proposed setbacks and building heights, both in tabular form and graphically shown on the plat, and the distances of all existing and proposed structures to the lot lines;
   6. 6.
      Public right(s) of way, indicating names, route numbers, and width;
   7. 7.
      Proposed means of ingress and egress to the property from a public street for vehicular and pedestrian traffic;
   8. 8.
      Parking spaces, existing and/or proposed, indicating minimum distance from the nearest property line(s);
   9. 9.
      Where applicable, seating capacity; usable outdoor recreation area, emergency access, fencing, limits of clearing, landscaping and screening, outside lighting, loudspeakers and required and/or proposed improvements to public right(s) of way; and
   10. 10.
       Existing zoning designation and use of subject and adjacent properties.
   11. 11.
       Building Elevations for all new construction or major alterations to existing structures;
   12. 12.
       All submittal documents (e.g., Statement of Justification) shall be submitted in a word format (.DOC);
   13. 13.
       All plans shall be submitted in a digital format (.PDF and .DXF);
   14. 14.
       Existing topography with 5 feet contours;
   15. 15.
       Existing and proposed landscaping, screening and buffering;
   16. 16.
       Scale, north arrow and date;
   17. 17.
       Tax map parcel or pin number of the subject property;
   18. 18.
       Conceptual grading with 5 feet contours and directional arrows depicting overland drainage;
   19. 19.
       Adjacent owner names;
   20. 20.
       Existing and proposed utility easements;
   21. 21.
       Environmental and historic features, including but not limited to sites or structures listed on the National Register of Historic Places or the Virginia Landmarks Register, or in the Town Plan Historic Resources element. During the pre-application conference meeting, the Land Development Official may require additional information identified in Section 3.3.6.M Archeological/Historic Information.
   22. 22.
       Tree save areas, which may include individual trees and groupings;
   23. 23.
       Additional information as may be required by the Land Development Official to provide a comprehensible application given the special exception or minor special exception proposal. Any additional information that may be required will be discussed as part of the pre-application meeting;
   24. 24.
       Where a proposed structure lies within 50 feet of the boundary of the property, cross-sections extending 50 feet from within the subject property and extending 50 feet into the adjoining property shall be provided;
   25. 25.
       Where a street is proposed, a typical section shall be provided. The typical section should include the location and dimensions of: curb and gutter, on-street parking (if provided), travel lanes, landscaping areas, and sidewalk. The section should extend from building face to building face or 20 feet beyond the paving section; and
   26. 26.
       A lighting plan shall be provided to depict the general location of lighting fixtures and their general lighting distribution pattern.
6. F.
   Written statement describing the proposed use and providing the following information:

   1. 1.
      Type of operation;
   2. 2.
      Hours of operation;
   3. 3.
      Traffic Impact Summary that shall include the following: (1) a Trip Generation Table that lists the proposed land uses and the daily and peak hour trip generation as shown in the current edition of the Institute of Traffic Engineers Trip Generation Manual; (2) A Statement whether traffic impact does or does not require mitigation and a description of any proposed mitigation as concluded by the Traffic Impact Analysis; and (3) a description of any proposed public road improvements.
   4. 4.
      Impacts on adjacent uses and measures proposed to mitigate such impacts.
7. G.
   Traffic Impact Analysis. Traffic impacts, including the maximum expected trip generation and the distribution of such trips by mode and the time of day based on current Institute of Transportation Engineers (ITE) Manual, internal road network, and connection into the existing transportation network. A traffic study, as described in Article 7 of the Design and Construction Standards Manual, will be required for all applications where the proposed land use:

   1. a.
      Is adjacent to a road that currently carries or is proposed to carry more than 500 vehicle trips per day (VPD); or
   2. b.
      Contains a road proposed to carry more than 500 vehicle trips per day (VPD); or
   3. c.
      Is adjacent to a road that currently or is proposed to carry 100 or more peak hour vehicle trips per day; or
   4. d.
      If the traffic study for the proposed activity is more than one (1) year old.
   5. e.
      Waiver Provision. This requirement may be waived at the discretion of the Land Development Official at the applicant’s written request filed with the initial application. Any such waiver shall be based upon a finding that such analysis is unnecessary due to the existence of previous studies and analyses which adequately cover the extent of the proposed development and its traffic impact, or if applicant supplies adequate proof that the proposed use does not increase the number of employees or customers using the site, or if otherwise justified by the applicant. The Land Development Official shall set forth in writing the reasons for the determination.
8. H.
   Zoning Modifications/Waivers Analysis. Every request for a modification and/or waiver of a zoning requirement shall be accompanied by a detailed justification statement that must answer the following questions:

   1. (1)
      How is the requested modification and/or waiver intended to achieve a more reasonable use of the subject property;
   2. (2)
      How does it achieve an innovative design;
   3. (3)
      How does it improve upon existing regulations or otherwise exceed the public purpose of the existing regulations; and
   4. (4)
      Demonstrate that it is not requested for the primary purpose of achieving maximum density on the subject property.

1.  
   1.  
      1. 1.
         Buffer Yard Modifications Waivers. For buffer yard modifications/waivers, information shall also include the following:

         1. a.
            An exhibit illustrating the extent and location of the required buffer yards overlaid on the proposed plan.
         2. b.
            A calculation of the square footage reduction in the required buffer yard; and
         3. c.
            A calculation of the difference in number and type of the plant materials required and proposed.
      2. 2.
         Other Modifications/Waivers. For other types of modifications/waivers, information shall also include illustrations, exhibits, and/or section drawings to best depict the effect of the requested waiver/modification. Computations shall be included to illustrate the net effects of the request on, as applicable, including, but not limited to, lot size, total open space area, numbers of parking spaces, gross floor area of commercial uses and residential density compared to development that fully complies with all applicable requirements of the Zoning Ordinance.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   The proposed use will not adversely affect the use of neighboring properties.
2. B.
   The use shall comply with applicable zoning district regulations and applicable provisions of the adopted Town Plan, including but not limited to the Plan’s Land Use Compatibility policies.
3. C.
   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.
4. D.
   The proposed use will be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood and on the streets serving the site.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Hours of operation;
2. B.
   Landscaping, screening, buffer-yard and other site-related development standards;
3. C.
   Access to the subject property;
4. D.
   Lighting of the site, to include intensity and shielding, so as not to adversely affect adjacent or nearby property owners;
5. E.
   Noise limitations as necessary to protect nearby property owners;
6. F.
   Location, size and height of buildings;
7. G.
   Location and height of walls and fences;
8. H.
   Timing or phasing of development;
9. I.
   Control of smoke, dust and odors; and
10. J.
    Bonds and other performance guarantees, as required to ensure standards are met and plans are met and plans are implemented.
11. K.
    Mitigation or protection of significant historic and archeological resources.

Effective on: 1/1/1901

1. A.
   The application and review process for an amendment of a special exception or a minor special exception shall be the same as specified for the approval of the original exception unless the request complies with the criteria in Subsection B and C below.
2. B.
   The Zoning Administrator may permit modifications to an approved special exception or minor special exception when it is determined that such modifications are 1.) in substantial conformance with the approved special exception or minor special exception and are 2.) demonstrably necessary to address the following:

   1. 1.
      Minor layout, design or dimensional modifications in response to issues directly related to topography, drainage, underground utilities, structural safety, vehicular circulation or requirements of government agencies; or,
   2. 2.
      Realignment of principal buildings and parking areas within an approved building envelope to improve accessibility for pedestrians and/or vehicles.
3. C.
   In reviewing a request for modification of an approved special exception or minor special exception, the Zoning Administrator shall determine the following conditions are met:

   1. 1.
      There are no negative impacts to the surrounding properties;
   2. 2.
      Modifications shall not include the addition of any structure or addition to any structure in excess of five percent (5%) or 2,500 square feet of the cumulative total gross floor area of the approved special exception or minor special exception use, whichever is less;
   3. 3.
      No new conditions, proffers or amendments are necessary;
   4. 4.
      There are no code enforcement complaints or actions pending on the site; and,
   5. 5.
      Proposed changes do not increase intensity of use. Examples include, but are not limited to, increased seats, employees, visitors, customers, vehicle trips or hours of operation.
4. D.
   Any amendment to an approved special exception not qualifying for administrative review pursuant to paragraphs B and C above shall be reviewed pursuant to the Minor Special Exception review procedures provided in Section 3.4. Special Exceptions.

Effective on: 1/1/1901

1. A.
   Lapse of Approval. Unless a longer period of validity is specifically approved as part of such application, a special exception or minor special exception approval shall lapse and be of no further effect five (5) years from the date on which the approval by the Town Council was granted, unless a zoning permit has been issued for the use within such five (5) year period.
2. B.
   Abandonment or Cessation. If a special exception or minor special exception use is discontinued, vacant or inactive for any reason for a continuous period of two (2) years or more, the special exception or minor special exception approval shall lapse and be of no further effect and the use shall be re-established only if a new special exception or minor special exception approval is obtained.

   Code of Virginia, §15-2.2307.C, as amended.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Demolition of a fence or swimming pool;
2. B.
   Demolition work performed is in conjunction with remodeling, alteration, or repair of a structure for which a zoning permit is obtained; or
3. C.
   Demolition of a structure with a total gross floor area of less than 150 square feet.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   The boundary of the lot or parcel, including labels for bearings and distances.
2. B.
   Required building restriction lines.
3. C.
   All easements of record on the lot or parcel.
4. D.
   The footprint of the building or structure, including steps, porches, and egress wells or windows.
5. E.
   Dimensions, to the nearest tenth of a foot (0.1’), from the closest corner of the building or structure to each property line.
6. F.
   For residential buildings or structures, an elevation spot shot at the top of curb where the driveway connects to the street or common travel aisle, or back of sidewalk, whichever is closest to the building or structure.
7. G.
   For residential buildings or structures, an elevation spot shot at the garage entrance.
8. H.
   For residential buildings or structures, an elevation spot shot at the top of the garage slab.
9. I.
   For nonresidential buildings, an elevation spot shot at the top of slab and/or the proposed finished floor.

(Ord. 2023-O-009, April 25, 2023) 

Effective on: 4/25/2023

1. A.
   In order to better guarantee the success of planted materials required to be installed as part of a site plan, between the months of December – February and June – August, unless conditions allow as determined by the Zoning Administrator, only landscape bonds calculated using the Town of Leesburg Landscape Bond Schedule will be accepted for Zoning approval on Occupancy Permit certificates supplied by Loudoun County.

Effective on: 1/1/1901

1. A.
   The dimensions of the lot or parcel, the boundary lines thereof, and the area of land contained therein.
2. B.
   The location or, dimensions (including height) of any building structure or addition.
3. C.
   The perpendicular distance from all property lines to the nearest point of each building, structure or addition, shown to the nearest foot.
4. D.
   The existing and intended use of each building or structure or part thereof, including the number of dwelling units within a dwelling.
5. E.
   The location and configuration of any off-street parking space(s), the number of spaces provided, and information as to the surfacing of such areas.
6. F.
   The existence of any area designated as 100-year floodplain.
7. G.
   The signature and certification number, if applicable, of the person preparing the plat.

Effective on: 1/1/1901

1. A.
   Site Improvements.  Including but not limited to removal, enlargement, or reconstruction of: driveways, walkways, and other paving; lampposts and landscape lighting; fences and walls; gazebos and pergolas.  Not to include plant materials or installation of movable, non-permanent play equipment.
2. B.
   Exterior Modification of Existing Buildings and Structures.  Including, but not limited to: the installation of a seasonal weather enclosure; any attachment of a shade structure to a principal building; the removal, replacement, or addition of windows, doors, and chimneys; the alteration of porches and decks; the alteration or addition of commercial storefronts on existing buildings and changes to exterior paint and color.  Exterior paint and color shall not include painted murals as reviewed by the Leesburg Commission on Public Art under the Public Art policy in accordance with the Leesburg Public Art Guidelines. Not to include routine maintenance as defined in Sec. 7.5.9.A Routine Maintenance Exclusion.
3. C.
   Additions to Existing Buildings and Structures.  Including, but not limited to:  the construction of new porches and decks; the expansion of the square footage so that it increases the height or the footprint of the existing structure. 
4. D.
   New Construction.
5. E.
   Demolition and Relocation of Existing Buildings and Structures, in whole or in part.
6. F.
   Signs, in accordance with Section 15.8.
7. G.
   Exemptions. The following structures are exempt from review by the Board of Architectural Review and the requirement for a Certificate of Appropriateness (COA):

   1. 1.
      Platform Deck: An at grade platform deck not exceeding twelve (12) inches in height, no less than two (2) feet from the side and rear property lines, not exceeding two hundred (200) square feet in area, without footers for support but supported by the ground only and located in the rear yard only.
   2. 2.
      Shade Structure, Unattached: As defined in Article 18, and pursuant to the performance criteria in Section 9.5.4.
   3. 3.
      Tent: As defined in Article 18, and pursuant to the performance criteria in Section 9.5.4.

Effective on: 1/1/1901

(Ord. 2023-O-009, April 25, 2023)

Effective on: 4/25/2023

(Ord. 2023-O-009, April 25, 2023)

Effective on: 4/25/2023

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   The design guidelines upon which approval or denial is to be based are the Old and Historic Design Guidelines, adopted by the Town Council January 27, 2009, and as amended from time to time, and which include the Secretary of the Interior’s Standards for Rehabilitation as referenced as Appendix A. These guidelines will be used to evaluate all projects in accordance with Section 3.10.1 Applicability. Except that approval or denial of sign applications in the Old and Historic District are to be based on the Old and Historic District Sign Guidelines dated January 4, 2006, and as amended from time to time.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Construction projects: Construction has not commenced within twenty-four (24) months from the date the COA was issued. A six-month extension may be granted by the Zoning Administrator when the applicant clearly demonstrates, in writing, diligent pursuit of other extra-jurisdictional land development approvals. The extension request shall be submitted to the Zoning Administrator no less than ten (10) days prior to the expiration of the COA, or its extension. The Zoning Administrator shall provide written notification of the administrative extension to the owner/applicant and adjacent property owners. Up to, but no more than, four (4) extensions may be administratively approved by the Zoning Administrator.
2. B.
   Sign installations: Installation of an approved COA for a sign(s) has not occurred within twelve (12) months from the date the COA was issued. A one-time six-month extension may be granted by the Zoning Administrator when the applicant clearly demonstrates, in writing, diligent pursuit of other extra-jurisdictional land development approvals. The extension request shall be submitted to the Zoning Administrator no less than ten (10) days prior to the expiration of the COA. The Zoning Administrator shall provide written notification of the administrative extension to the owner/applicant and adjacent property owners.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Regular maintenance of structures, buildings, or signs (as opposed to the reconstruction, alteration or restoration).
2. B.
   Single-family detached dwellings;
3. C.
   Attached dwellings (including townhouses and duplexes); and
4. D.
   Construction within approved Planned Development Districts.

Effective on: 1/1/1901

1. A.
   The designation of the particular structure as historic or non-historic in the Certified Local Government Grant Building Surveys;

   1. 1.
      The criteria listed in the H-2 Design Guidelines; and
   2. 2.
      The ability of the owner to put the subject property to reasonable beneficial use.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Construction has commenced within twenty-four (24) months from the date the COA was issued; or
2. B.
   Prior to the sunset of twenty-four month period in (A.) above, the applicant has obtained a six-month extension from the Zoning Administrator by clearly demonstrating to the Zoning Administrator diligent pursuit of other necessary land development approvals. The Zoning Administrator shall include notification of the request for an administrative extension to adjacent property owners. There is no limit to the number of six-month extensions that an applicant may obtain.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   The procedures of this section shall not apply to paving, repair, reconstruction, improvement, drainage or similar work, provided such work does not involve a change in the location of extent of a public street or public area. Widening, narrowing, extension, enlargement, vacation or change of use of streets or public areas shall not be exempt from the procedures of this section.
2. B.
   The procedures of this section shall not apply to normal service extensions of public utilities or public service corporations, provided such work does not involve a change in the location of extent of a public street or public area.
3. C.
   The procedures of this section shall not apply to public areas, facilities or uses that are deemed by the Land Development Official to be a feature already shown on the adopted Town Plan.
4. D.
   Public areas, facilities or uses that are identified within, but are not the entire subject of, an application for subdivision plat approval or site plan approval, may be deemed to be a feature shown on the Town Plan if the Town has defined standards governing the construction or establishment of such area, facility or use or the Town Council has approved it through the acceptance of a proffer in accordance with applicable procedures of this Zoning Ordinance.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Upon receipt of an application, the Land Development Official shall acknowledge acceptance or rejection of the application in writing within ten (10) business days from the date of submittal.
2. B.
   Upon acceptance of a completed application, the application shall be forwarded to all appropriate reviewing agencies for comment. Once the Land Development Official has received all comments, the comments shall be forwarded to the applicant for consideration and resolution.

Effective on: 1/1/1901

1. A.
   Application. An application on a form provided by the town, completed and signed by the applicant and owner(s) of the property. The applicant shall keep this information current at all times during process sing of the application.
2. B.
   Plat. Twenty (20) copies, or other number as determined by the Land Development Official, of a concept plan, drawn to a minimum scale of 1 inch = 100 feet containing the following information:

   1. 1.
      Boundaries of the entire property;
   2. 2.
      Total area of the property in square feet and acres;
   3. 3.
      Location of all existing and proposed structures (including but not limited to lighting, signs and buildings);
   4. 4.
      Location and distance of all off-site structures within fifty (50) feet of the property (including but not limited to lighting, signs and buildings;
   5. 5.
      All required minimum yards and the distances of all existing and proposed structures to the lot lines;
   6. 6.
      Public right(s)-of-way, indicating names, route numbers, and width;
   7. 7.
      Proposed means of ingress and egress to the property from a public street;
   8. 8.
      Where applicable, parking spaces, emergency access, fencing, limits of clearing, landscaping and screening, outside lighting, loudspeakers and required and/or proposed improvements to public right(s)-of-way;
   9. 9.
      Existing zoning designation and use of subject and adjacent properties;
   10. 10.
       Site location map;
   11. 11.
       All submittal documents shall be submitted in a format to be specified by the Town; and
   12. 12.
       All plans shall be submitted in a digital format specified by the Town.
3. C.
   Written statement. A written narrative describing the proposed use and providing the following information:

   1. 1.
      Type of operation;
   2. 2.
      Hours of operation; and
   3. 3.
      Impacts on adjacent uses and measures proposed to mitigate such impacts.
4. D.
   Waivers/Modifications of Submittal Requirements. Any submittal requirements that accompany the application may be waived by the Land Development Official at the applicant’s written request filed with the initial application. The applicant must clearly indicate by section and paragraph in the application or in a letter attached to the application, which waiver or modification is requested and provide a justification for each modification/waiver requested. To grant a waiver or modification the Land Development Official must determine that a requirement is not necessary for the full and adequate consideration of the application. The Land Development Official shall set forth in writing the reasons for such determination. When the Commission Permit is required in addition to a special exception, the Commission Permit submission requirements shall be combined with the submission requirements found in Section 3.4.6. and the application shall be reviewed concurrently.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   A variance from the provisions regulating the shape, size or area of a lot; or
2. B.
   A variance from the provisions regulating the size, height, area, bulk, setback, open space, yards, or location of a building or structure.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   An application on a form provided by the town, completed and signed by the applicant and property owner;
2. B.
   Associated fee, payable to the Town of Leesburg.
3. C.
   Written statement with supporting evidence regarding compliance with the variance approval criteria of this section, including:

   1. 1.
      The particular provision of the Zoning Ordinance which prevents the proposed construction on, or use of the property;
   2. 2.
      The existing zoning of the property, including any previously approved conditions, proffers, or modifications;
   3. 3.
      The special circumstances, conditions or characteristics of the land, building or structure that prevent the use of the land in compliance with the terms of this Zoning Ordinance;
   4. 4.
      The particular hardship that would result if the specified provisions of the Zoning Ordinance were to be applied to the subject property;
   5. 5.
      The extent to which it would be necessary to vary the provisions of this Zoning Ordinance in order to permit the proposed construction on, or use of, the property;
   6. 6.
      An explanation of how the requested variance conforms to the Approval Criteria of Sec. 3.13.9; and
   7. 7.
      A disclosure statement of the real parties in interest on a form provided by the town, signed by the applicant and notarized, in accordance with Section 15.2-2289 of the Code of Virginia, 1950, as amended.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance.
2. B.
   The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area.
3. C.
   The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance.
4. D.
   The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property.
5. E.
   The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision 6 of §15.2-2309 or the process for modification of a zoning ordinance pursuant to subdivision A 4 of §15.2-2286 at the time of the filling of the variance application.

(Code of Virginia §15.2-2309)

Effective on: 1/1/1901

The applicant shall be required to demonstrate that the granting of a variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant.

Effective on: 1/1/1901

Effective on: 1/1/1901

(Code of Virginia §15.2-2309)

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Application. An application, on a form provided by the town, completed and signed by the applicant and owner(s) of the property. The applicant shall keep this information current at all times during the processing of the application.
2. B.
   Fee. Associated fee, payable to the Town of Leesburg.
3. C.
   Disclosure Statement. A disclosure statement of the real parties in interest, on a form provided by the town, signed by the applicant and notarized. The applicant shall keep this information current at all times during the processing of the application.
4. D.
   Statement of Justification. Thirty (30) paper copies, or other number as determined by the Land Development Official, as well as one digital copy in a format specified by the Town, of a written statement of justification describing:

   1. 1.
      The nature of the request and uses proposed;
   2. 2.
      Assessment of the request relative to the following criteria:

      1. a.
         How the amendment better realizes a Plan goal or objective (e.g., to provide a more compatible land use pattern; better transitions between land uses);
      2. b.
         How the amendment may rectify conflicting Plan goals or objectives;
      3. c.
         How the amendment may clarify the intent of a Plan goal or objective;
      4. d.
         How the amendment may provide more specific Plan guidance;
      5. e.
         How the amendment might adjust the Plan as a necessary result of a significant change in circumstance unforeseen by the Plan at the time of adoption;
      6. f.
         How the amendment might adjust the Plan as a necessary result of a significant change in circumstances unforeseen by the Plan at the time of adoption;
   3. 3.
      Description and analysis of how the requested amendment and associated development will comply with elements of the Town Plan, as well as their associated goals and objectives. These include, but may not be limited to, natural resources, parks and recreation, heritage resources, community design, land use, housing, economic development, transportation, and community facilities and services;
   4. 4.
      Fiscal analysis that compares general fund revenues, costs of services and required capital facilities improvements generated by development associated with the requested amendment. The comparison shall also analyze the current Town Plan land designation, allowable development associated with current designations, and Town Plan objectives related to residential and non-residential sources of general fund revenue sources; and
   5. 5.
      Transportation analysis that shows how the amendment will address the objectives of the Town Plan’s Transportation element, including mode choice, community integrity (as related to adjacent land uses), coordination of the transportation network and funding and scheduling for implementing improvements.
5. E.
   Plat. Thirty paper copies, or other number as determined by the Land Development Official, as well as one digital copy in a format specified by the Town, of a plat, signed and sealed by a certified land surveyor, completed not longer than six (6) months in advance of the date of the application, that contains the following information:

   1. 1.
      Insert vicinity map;
   2. 2.
      Boundaries of the entire property, with bearings and distances of the perimeter property lines and of each existing and proposed zoning district;
   3. 3.
      Total area of property in square feet and acres;
   4. 4.
      Tax map parcel or pin number of the subject property;
   5. 5.
      Topography with 5-foot contours;
   6. 6.
      Scale, north arrow and date;
   7. 7.
      Adjacent owner names, zoning, existing use, and use designated on the Town Plan Land Use Policy Map;
   8. 8.
      Names and route numbers of all boundary roads or streets, and the width of existing rights-of-way;
   9. 9.
      Automobile, bicycle, and pedestrian trail facilities and points of access to the property and adjacent to the property;
   10. 10.
       Public transportation routes and facilities within 200 feet of the site (routes and facilities within a quarter mile of the site may be shown on a larger scale, inset map);
   11. 11.
       Existing utility easements;
   12. 12.
       Proposed sewer and water connections;
   13. 13.
       Existing structures on the site and within 200 feet of the site;
   14. 14.
       Required yards and height and proposed setbacks and height;
   15. 15.
       Environmental features, including but not limited to features addressed in the Town Plan Natural Resources element and Green Infrastructure Policy Map;
   16. 16.
       Historic features, including but not limited to sites or structures listed on the National Register of Historic Places or the Virginia Landmarks Register, or in the Town Plan Historic Resources element; and
   17. 17.
       Additional information as may be deemed appropriate by the Land Development Official to provide a comprehensible application given the proposal.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

"Affordable Dwelling Units (ADUs)" shall be defined as those units for which the rental and/or sales price is regulated pursuant to the provisions contained in this Article, as adopted by the Town Council. All affordable dwelling units shall comply with the following provisions and the Residential Zoning District Regulations for the Provision of Affordable Dwelling Units regulations contained in Section 5.10 of this Ordinance, Chapter 1450 of the Loudoun County Codified Ordinance, and any other relevant Town of Leesburg code or ordinance, per the “Town/County Agreement.” The Town/County Agreement shall be defined as the Memorandum of Agreement (MOA) as authorized and approved by the Town Council and the Loudoun County Board of Supervisors.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Owners of affordable dwelling units who shall fail to submit executed affidavits or certifications, as required by this Section, shall be fined fifty (50) dollars per day per unit, up to a maximum of three thousand (3000) dollars per unit, until such affidavit or certificate is filed, but only after written notice and a ten-day compliance period is provided. Fines levied pursuant to this paragraph shall become liens upon the real property and shall accumulate interest at the judgment rate of interest.
2. B.
   Tenants of affordable dwelling units who shall fail to submit executed affidavits or certifications, as required by this Section, Chapter 1450 of the Codified Ordinance of Loudoun County and/or the Town/County Agreement shall be subject to lease termination and eviction procedures, as provided in the Codified Ordinance.
3. C.
   Owners and tenants of affordable dwelling units who shall falsely swear or who shall execute an affidavit or certification required by this Section knowing the statements contained therein to be false shall be guilty of a Class II misdemeanor and shall be subject to a fine up to one thousand (1000) dollars.

   1. 1.
      Fines levied against owners pursuant to this paragraph shall become liens upon the real property and shall accumulate interest at the judgment rate of interest.
   2. 2.
      Tenants of affordable dwelling units who shall falsely swear or who shall execute an affidavit or certification required by this Section knowing the statements contained therein to be false shall also be subject to lease termination and eviction procedures, as provided in the Codified Ordinance.
   3. 3.
      Owners of individual affordable dwelling units who shall falsely swear that they continue to occupy their respective affordable dwelling unit as their primary domicile shall be subject to injunction or other suit, action or proceeding to require such owner to either sell the unit to someone who meets the eligibility requirements established pursuant to this Article or to occupy such affordable dwelling unit as a domicile.

Effective on: 1/1/1901

1. A.
   Written Requests for Interpretation. All written requests for determinations and interpretations that address permissibility of a specific use or density shall include the following information at a minimum:

   1. 1.
      A statement that the letter writer is either the owner of the subject property or is authorized by the landowner to make the request;
   2. 2.
      The date the landowner took title to the property;
   3. 3.
      The address and Loudoun County Property Identification Number (PIN)
   4. 4.
      A statement regarding the specific use or the specific density about which the inquiry is being made;
   5. 5.
      Identification of the project name and/or a description of the project to be undertaken;
   6. 6.
      Certification that the request concerns development of the specific project identified in 4 above;
   7. 7.
      Identification of any variance, special exception, rezoning or similar legislative act that affects the property; and,
   8. 8.
      Identification of any conditions (e.g. proffers) that affect the specific use or density.

Effective on: 1/1/1901

Effective on: 1/1/1901