The board of architectural review (BAR) is a five-member body, appointed by the town council, that has expertise in and knowledge of architecture, architectural history, town history, town planning and landscape architecture. The BAR is responsible for assisting in the implementation of the town's architectural review overlay districts, including historic preservation and community design goals in the historic corridor overlay district and the historic properties overlay district by reviewing and approving new construction and alterations of existing structures on nonresidential properties within the town. Also, the BAR must review applications for the demolition of any historic structures within the historic corridor overlay district and the historic properties overlay district. Its powers are set forth below in Subsection 10.2.5.

The board of zoning appeals (BZA) is a five-member quasi-judicial board, appointed by the town council, that meets as cases arise. The BZA is responsible for hearing and deciding on requests for variances from the town's zoning regulations, hearing and deciding appeals of administrative determinations made by town officials, hearing and deciding appeals of the zoning administrator's decisions, and hearing and deciding on interpretations of district boundaries. Its powers are as set forth in Subsection 10.3.5.

The planning commission is a seven-member body of town residents, appointed by the town council, that advises the council on matters relating to town planning and development. The commission develops and makes recommendations to the town council regarding special use permits, re-zonings and zoning text amendments, comprehensive plan amendments and other requests. The planning commission has the authority to approve or deny requests for the subdivision of land and development site plans. Its powers are set forth below in Subsection 10.4.5.

The planning and community development department protects and enhances the quality of the town's natural and built environments through comprehensive planning for the town's future and administration of the town's development and zoning regulations. The department is responsible for processing land development applications (such as site plans and subdivision plats), legislative development applications (such as re-zonings, special use permits, and comprehensive plan amendments) and construction permits (such as zoning, sign and occupancy permits). The zoning administrator is a staff member in this department, whose duties are prescribed by the Code of Virginia and further codified into the zoning ordinance and the town Code.

The authority of the Town of Purcellville to establish a BAR to review, implement and regulate architectural features, including design, materiality, and appropriateness of buildings for new construction, exterior renovations, parking areas, signage, streetscapes, street and street intersection design and pedestrian ways for all commercial and overlay districts is derived from the Code of Virginia, § 15.2-2306, and the Purcellville Town Code, Part 1: Charter, Chapter 6, Article II, Section 6-20.

There shall be a BAR which shall consist of five members, at least four of whom shall be residents of the town, and who shall be representative of one of the following professions or interests: architecture; landscape architecture; urban or town planning; historic preservation; and citizen lay representative. The terms of office shall be four years with terms being staggered initially such that one member shall be appointed for a term of one year, a second member appointed for a term of two years, a third member appointed for a term of three years and the remaining two members appointed for terms of four years. A member shall continue to serve until reappointed or replaced.

A member may be removed for just cause by the town council upon written charges. Any member of the BAR shall be disqualified to act upon a matter before the BAR with respect to property in which the member has an interest. Each member shall receive as compensation such amounts as may be or have been determined by resolution of the town council and shall be reimbursed for actual expenses incurred.

The BAR shall elect a chair to preside at meetings, a vice-chair to act in his absence and a secretary who shall be responsible for keeping a written record of all BAR proceedings and all notices, petitions, records, pleadings and appeals pertinent thereto.

The BAR shall hold a regular meeting at least once each month at a time which it shall fix by resolution or as necessary for the conduct of its business. Special meetings may be held at other times; provided, however, that all members of the BAR are notified at least 24 hours in advance of the time and place of the meeting. No application pending before the BAR shall be voted upon at any special meeting unless notice of intention to do so shall appear in a newspaper of general circulation, published in the county, at least seven days prior to such special meeting. Hearings to be recorded; exception.

All public hearings of the BAR shall be recorded verbatim by shorthand or by mechanical or electrical recording equipment. All work sessions shall be summarized and are not required to be recorded verbatim.

A quorum shall consist of three members of the BAR. If a quorum is not obtained at any regular meeting, a special meeting shall thereupon be scheduled within ten days thereafter.

All meetings of the BAR shall be conducted by the chair, or in his absence, by the vice-chair. All members of the BAR shall be entitled to vote, and the decisions of the BAR shall be by majority vote of the membership of the BAR. All meetings of the BAR shall be open to the public, and all decisions shall be by record vote of the ayes and nays set forth in the minutes.

The BAR shall have exclusive original jurisdiction to hear and decide all cases arising under this Section 10.2, but shall have no power to modify or waive any requirement imposed by any other provision of this ordinance.

The authority of the Town of Purcellville to establish a board of zoning appeals (BZA) to hear and decide:

(1)

Appeals from any order, requirement, decision, or determination in the administration or enforcement of this ordinance;

(2)

Appeals from the decision of the zoning administrator;

(3)

Applications for interpretation of the district map; and

(4)

Applications to grant a variance upon appeal or original application, in specific cases, is derived from the Code of Virginia, § 15.2-2308.

There shall be a BZA which shall consist of five members, each to be a resident of the town and each to be appointed by the Purcellville Town Council for terms of five years except that original appointments shall be made for such terms that the term of one member shall expire each year. When approved by the council, one member shall be a member of the town planning commission. Vacancies shall be filled by the council for the unexpired portion of the term. A member may be removed by the council for cause, upon written charges and after a public hearing. Each member shall receive such compensation as the town council may authorize for attendance at each regular or called meeting of the BZA.

The BZA shall elect one of its members as chairman. The chairman shall preside at all meetings of the BZA and in his absence a member designated as acting chairman shall preside. The town manager shall appoint a secretary whose duty it shall be to keep the minutes and other records of the actions and deliberations of the BZA and perform such other ministerial duties as the BZA shall direct. The secretary may be a salaried town employee and shall perform the duties of secretary of the BZA in addition to his or her other regular duties.

The BZA shall adopt such rules of procedure as it may deem necessary in order to carry into effect the provisions of this ordinance, said rules to be in writing and copies available to the public at the office of the administrator and the secretary of the BZA. Meetings of the BZA shall be held at the call of the chairman and at such other times as the BZA may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the BZA shall be open to the public. The BZA shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the BZA and shall be a public record. The BZA shall submit a report of its activities to the town council at least once each year.

The BZA shall have the following powers and duties:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the administration or enforcement of this ordinance. The decision on such appeal shall be based on the BZA's judgment of whether the administrative officer was correct. The BZA shall consider the purpose and intent of any applicable ordinances, laws and regulations in making its decision.

(2)

To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship; provided that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done as hereinafter provided.

(3)

To hear and decide applications for interpretation of the zoning district map where there is any uncertainty as to the location of a district boundary. The BZA shall not have the power to change substantially the locations of district boundaries as established by ordinance.

The authority of the Town of Purcellville to establish a planning commission to promote the orderly development of the locality and its environs and to serve in an advisory capacity to the town council is derived from the Code of Virginia, § 15.2-2210 and the Purcellville Town Charter and Code of Ordinances, Chapter 2, Article IV, Division 2, Section 2-331.

The planning commission consists of seven members, one of whom is a member of the town council. All members are appointed by the town council and must be residents of the town and qualified by knowledge and experience to make decisions on questions of community growth and development. The terms of office are four years with terms being staggered such that the terms of half of the members expire every second year. Members continue to serve until reappointed or replaced. Vacancies are filled by the town council for the unexpired portion of the term.

Planning commissioners are to complete the Certified Planning Commissioners Program offered by the Virginia Commonwealth University's Wilder School and become certified within 12 months of their appointment.

A planning commissioner may be removed for just cause by the town council upon written charges. Any member of the planning commission shall be disqualified to act upon a matter before the planning commission with respect to property in which the member has an interest. Each member shall receive as compensation such amounts as may be or have been determined by resolution of the town council and shall be reimbursed for actual expenses incurred.

The planning commission shall elect from the appointed members a chair to preside at meetings and a vice-chair to act in the chair's absence whose terms are for one year. The town planning manager shall designate a secretary who will be responsible for keeping the minutes and other records of planning commission actions and deliberations, and perform such other ministerial duties as the planning commission may require.

The planning commission shall hold regular meetings on the first and third Thursdays of each month except for the month of August when the town holds a recess for all committees, commissions and boards. Work sessions and special meetings may be scheduled as needed. Meetings shall be held at town hall.

All meetings of the planning commission shall be conducted by the chair, or in their absence, by the vice-chair. A majority of the members shall constitute a quorum, and no action of the planning commission shall be valid unless authorized by a majority vote of those present and voting. All meetings of the planning commission shall be open to the public, and all decisions shall be recorded in the minutes. No application pending before the planning commission shall be voted upon at any special meeting unless notice of intention to do so shall appear in a newspaper of general circulation, published in the county, at least seven days prior to such special meeting.

All public hearings of the planning commission shall be recorded verbatim by shorthand or by mechanical or electrical recording equipment. The planning commission shall submit a report of its activities to the town council at least once each year.

The powers and duties of the planning commission are to conduct legislative public hearings and submit reports and recommendations to the town council on matters pertaining to rezonings, zoning text amendments, comprehensive plan amendments, commission permits, special use permits, annexation applications and subdivision waivers and exceptions.

The planning commission shall exercise its powers and duties as provided in the Code of Virginia, §§ 15.22223, 15.2-2285 and 15.2-2221, and the Purcellville Town Charter and Code of Ordinances, Chapter 2, Article IV, Division 2, Section 2-335. Principal among these are:

(1)

Prepare and recommend a comprehensive plan for the physical development of the town, outlining the town's vision for its future and strategies for attaining that future.

(2)

Prepare a proposed zoning ordinance, including maps showing the division of the town into districts, and text setting forth the regulations applying in each district that help to implement the comprehensive plan.

(3)

If deemed advisable, establish advisory subcommittees.

(4)

If deemed necessary, appoint town employees and staff with the consent of the town council.

(5)

Contract with consultants for such services as it may require, with the consent of the town council.

(6)

Prepare, publish and distribute reports, ordinances and other material relating to its activities.

(7)

Keep a complete record of its proceedings and be responsible for the custody and preservation of its papers and documents.

Upon appeal, the board of zoning appeals (BZA) shall exercise the jurisdiction and authority to grant a variance from the literal terms of this ordinance in accordance with the procedures, standards and limitations contained in this Section 10.5.

(1)

Application for variance. Any property owner, tenant, government official, department, board or bureau, may file an application for variance in regard to such property with the zoning administrator. The application shall contain the following information and such additional information as the BZA may, by rule, require:

(a)

A site plan or plat drawn to scale clearly showing the requested variance(s), the property involved, existing and proposed buildings or additions, property lines, and the location of and distance to adjacent buildings from the proposed building or addition.

(b)

The particular provisions or requirements of this ordinance which prevent the proposed construction on, or proposed use of, the property.

(c)

The existing zoning classification of the property.

(d)

The special conditions, circumstances or characteristics of the land, building or structure that prevent the use of the land in compliance with the requirements of this ordinance and a statement as to whether such conditions existed at the time the current owner acquired the property.

(e)

The particular characteristics or conditions which distinguish the land from other land in the same zone.

(f)

The particular hardship which would result if the specified provisions or requirements were to be applied to the subject property.

(g)

The extent to which it would be necessary to vary the requirements of this ordinance in order to permit the proposed construction on, or use of, the property.

(h)

An explanation of how the requested variance conforms to each of the standards set out in Section 10.5.3 below.

(i)

The identity of all persons or entities who have a legal or equitable interest in the property and a description of the nature of that interest.

(2)

Staff review and report. The zoning administrator shall review the application to determine that it contains the required information; shall review the merits of the application and perform research as necessary to determine whether a variance under the terms of this Section 10.5 should be granted; shall prepare a staff report indicating its analysis and findings with respect to the standards in Subsection 10.5.3 and regarding the effect and impact on the neighborhood if the variance were to be granted; and shall forward its report to the BZA. The zoning administrator shall also transmit a copy of the application to the planning commission which may send a recommendation to the BZA or appear as a party at the hearing.

(3)

Docketing and notice. At the time the zoning administrator determines that the application is complete, he shall docket the matter for public hearing before the BZA for a date to occur no later than 30 working days from the date of such determination and docketing.

(4)

Public hearing. After a duly noticed public hearing in accordance with Section 10.5, on the application for variance, the BZA shall either approve, deny or approve with conditions the application for a variance. Its decision shall be supported by findings of fact and conclusions with respect to the standards of Subsection 10.5.3. The concurring affirmative vote of four members shall be necessary to decide in favor of the applicant.

(5)

Withdrawal of application. An application for variance may not be withdrawn by the applicant after it has been docketed for public hearing without the consent of the BZA.

State Law reference— Code of Virginia, §§ 15.2-2309 and 15.2-2310.

The board of zoning appeals shall not vary the regulations of this ordinance as authorized above unless it finds that:

(a)

It meets the definition of a variance as defined in Article 11;

(b)

The strict application of the terms of the ordinance would unreasonably restrict the utilization of the property, that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability;

(c)

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;

(d)

The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;

(e)

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;

(f)

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; and

(g)

The relief or remedy sought by the variance application is not available through a special use permit process that is authorized in the ordinance or the process for modification of a zoning ordinance at the time of the filing of the variance application.

State Law reference— Code of Virginia § 15.2-2309.

The BZA may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to reduce, minimize, or mitigate the effect of such variance upon other property in the neighborhood, and better to carry out the general intent of the ordinance. The BZA may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. In addition, a variance shall specify whether it is granted generally for all potential uses or whether its effect is limited to specific uses of the property. Any variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a reasonable modification is made to a locality and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted by the locality unless a variance from the BZA under this section is required in order for such request to be granted. Failure to comply with any such conditions and restrictions shall constitute a violation of this ordinance. Violations of this ordinance may be enforced and penalized in accordance with Article 10.

State Law reference— Code of Virginia, § 15.2-2309.

The applicant for a variance shall bear the burden of producing evidence to prove by a preponderance of the evidence that the requested variance satisfies the standards set out in Subsection 10.5.3.

State Law reference— Code of Virginia, § 15.2-2309.

If an application for a variance is denied, the BZA shall not consider an application for the same variance on the same site again for one year unless the new application differs in a substantial and material way from the old one, in which case it may be reconsidered after six months.

State Law reference— Code of Virginia, § 15.2-2310.

The property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.

State Law reference— Code of Virginia, § 15.2-2309.

The procedure for amendment of a variance already approved, or a request for a change of conditions attached to an approval, shall be the same as for a new application except that where the administrator determines the change to be minor relative to the original approval he may transmit the same to the BZA with the original record without requiring that a new application be filed.

Special use permits are authorized by this ordinance, pursuant to the Code of Virginia, § 15.2-2286, as amended. The purpose of the special use permit procedure is to provide for certain uses which cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the district regulations. These uses either have unusual characteristics, or have characteristics which are different from those of their immediate surroundings and are essential and desirable for the general convenience and welfare, but because of the nature of the use, and possible impact, not only on neighboring properties, but on a large section of the town, require the exercise of planning judgment on location and site plan.

A special use permit should be approved only if it is listed as allowed by special use permit in the district regulations and only if it is found that the location is appropriate and not in conflict with the comprehensive plan, that the public health, safety, morals, and general welfare will not be adversely affected, that adequate utilities and off-street parking facilities, if applicable, will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values, and further provided that the additional standards of this article are complied with.

In approving a special use permit, the town council may impose such reasonable conditions as it believes necessary to accomplish the objectives of this ordinance. Unless otherwise specified in this article or specified as a condition of approval, the height limits, yard spaces, lot area, and sign requirements shall be the same as for other uses in the district in which the proposed special use permit is located.

Approval of a special use permit shall comply with the specific guides and standards for particular uses contained in this ordinance unless the town council approves a waiver of such standard based on a specific recommendation by the planning commission that compliance with the standard is clearly unnecessary to the purposes of this ordinance.

The procedures for approval of a special use permit are generally the same as those prescribed in Section 10.10: Text and map amendments, including the public hearing and recommendation by the planning commission, and the procedures and requirements for approval of a special use permit application as set forth below.

(1)

Pre-application meeting. Prior to the filing of a special use permit application, the applicant should meet with the department of planning and community development to discuss his intentions with regard to a given application and to discuss the requirements of this section and the nature of the special use proposed. For the purposes of this pre-application meeting, the applicant shall provide a sketch plan of the proposed use, showing the general layout of the special use and its relationship to the surrounding area. In connection with all such conferences, the zoning administrator shall be consulted as appropriate. A request for a pre-application meeting shall be made in writing to the director of the department and shall be accompanied by a sketch, map(s) of the site, a description of the existing site, the proposed project or use, graphics that illustrate the scale, location and design of any buildings or structures to the extent known, and a list of the issues to be discussed at the conference. No matters discussed at said meeting shall be binding on either the applicant or the town. The director of the department shall respond to each written request for a pre-application meeting within 15 calendar days.

(2)

Concurrent review. If the property subject to the special use application is also under consideration for rezoning, the special use permit may be reviewed concurrently with the rezoning application. A concurrent review of the special use and rezoning applications shall automatically waive the specific time limitations otherwise applicable to special use permits, but shall not waive any of the time limitations applicable to re-zonings.

(3)

Review of application for completeness. No application shall be accepted and reviewed unless it is determined by the zoning administrator to be complete. A complete application is one which meets such minimum submission requirements as established by this chapter, and in all applicable sections of this ordinance and the land development and subdivision ordinance. The zoning administrator's determination that an application qualifies to be officially submitted shall not be deemed a determination that the application meets requirements for approval. Such approval of the special use permit shall only be given by the town council subject to the standards set forth in this chapter after the procedural requirements for review and responsive comment have been met. A complete application package shall consist of:

(a)

Application. Two copies of the completed special use permit application form provided by the town, and signed by the applicant and owners of the property.

(b)

Fee. Associated review fee(s) for special use permit, payable to the Town of Purcellville.

(c)

Statement of justification. Written statement with supporting evidence regarding compliance with those issues for consideration outlined in Paragraph (4) below.

(d)

Concept plan. Twelve copies of the concept plan on paper no smaller than 11 inches by 17 inches. Although it is unnecessary for a concept plan to involve the preparation of engineered documents, the concept plan must contain the following basic information and may contain any additional information which the applicant deems necessary to providing a detailed understanding of the proposed use:

i.

Boundaries of the property.

ii.

Total area of the property in square feet and acres.

iii.

General location, size (in square feet), and use of all proposed structures.

iv.

Location and size of existing public rights-of-way.

v.

General location and size of proposed rights-of-way.

vi.

General location of proposed parking areas, entrances onto rights-of-way, storage areas, display areas, recreational areas, and required buffer yards.

vii.

General location of proposed improvements such as, but not limited to, the general placement of sidewalks or trail facilities, the general location of proposed traffic improvements, and/or the general location of proposed public facilities.

viii.

General location of open space areas.

ix.

General location of storm water management facilities.

(e)

Written statement. Describing the proposed use in such detail which provides the town with adequate knowledge on which to determine if the proposed special use is a development of superior quality. The written statement shall also provide the type and hours of operation.

(f)

Traffic impact analysis. The traffic impact analysis (TIA) shall be prepared by a qualified engineer, surveyor, or otherwise acceptable professional, as determined by the zoning administrator, and shall be an analysis of the impact of the proposed special use on the existing road network. The TIA shall be required prior to site plan approval, unless this requirement is waived by the director of public works. In any case where a use will increase traffic on a proposed site, average daily trips shall be provided.

(4)

Issues for consideration. A special use permit application shall be accompanied by a statement of justification which addresses the following issues for consideration. These issues for consideration shall be used by the planning commission and town council when evaluating the special use permit application. The following factors shall be given reasonable consideration and shall be addressed by the applicant in the statement of justification:

(a)

Whether the proposed application is consistent with the comprehensive plan.

(b)

Whether the proposed special use at the specified location will contribute to or promote the welfare and convenience of the public.

(c)

Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and adjacent parcels.

(d)

Whether the level and impact of any noise or odor emanating from the site, including that generated by the proposed special use, negatively impacts the uses in the immediate area.

(e)

Whether the proposed special use will result in the preservation or damage of any existing habitats, vegetation, topographic or physical, natural, scenic, archaeological, or historic feature of significant importance.

(f)

Whether the proposed special use will impact existing water quality or air quality.

(g)

Whether the traffic generated by the proposed use will be adequately and safely served by roads, pedestrian connections, and other transportation services.

(h)

Whether the proposed use will negatively impact orderly and safe road development and transportation in accordance with the comprehensive plan and all relevant transportation and corridor plans.

(i)

Whether the proposed use will be served adequately by essential public facilities and services

(j)

Whether, in the case of existing structures to be converted to uses requiring a special use permit, the existing structures can be converted in such a way that retains the character of the neighborhood in which the existing structures are located, especially when an application seeks to convert a building of historic significance.

(k)

Whether the proposed special use contributes to the economic development needs of the town.

(l)

Whether adequate on and off-site infrastructure is available.

(m)

Whether the proposed special use illustrates sufficient measure to mitigate the impact of construction traffic on existing neighborhoods and schools.

(5)

Acceptance and distribution. Once an application for a special use permit has been submitted and accepted, the zoning administrator shall forward the plan and related information to the following review agencies as necessary:

(a)

Department of public works.

(b)

The town engineer or consulting engineer (contract engineer).

(c)

The Virginia Department of Transportation.

(d)

Loudoun County Department of Building and Development.

(e)

Loudoun County Fire and Rescue.

(f)

Loudoun County School Board.

The referral agencies shall review the special use permit request, the concept plan, and the statement of justification, and shall provide a written recommendation on the application either for approval, approval with conditions, or denial.

If the zoning administrator determines that there is not a need to distribute the application to a state agency for its review, the review by the agencies to whom the application was referred shall be completed and returned to the zoning administrator within 30 days after the date the application was submitted to the agency for review. If an agency cannot respond within this 30-day period, the agency shall so inform the zoning administrator, in writing, stating the reason for the delay and the expected date of the reply. If the zoning administrator determines that the application requires the review of a state agency, the review by such state agency shall be completed and returned to the administrator within 45 days after the date the application was submitted to the agency for review. If the agency cannot respond within this 45-day period, the agency shall so inform the zoning administrator, in writing, stating the reason for the delay and the expected date of the reply.

A recommendation for denial or approval with conditions shall be followed by a written explanation of the recommendation. The recommendations of the referral agencies shall be forwarded to the planning commission and town council.

Upon receipt of the recommendations of all the agencies, the zoning administrator shall schedule the special use permit application for public hearing with the planning commission. The zoning administrator shall provide the recommendations and proposed conditions (if any) from the reviewing agencies to the planning commission and the town council.

Before making a recommendation on a special use permit application, the planning commission may recommend reasonable additional conditions, and especially conditions regarding utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, buffer yards, screening, access ways, curb cuts, traffic control, height of buildings and setback of buildings, to protect adjoining uses. The planning commission shall take into consideration the comments/recommendations of the reviewing agencies, any proposed conditions of the reviewing agencies, and shall make a recommendation to the town council for either approval, approval with modifications, or denial of the special use permit application based upon the merits of the application. The planning commission shall review the plans and prepare its report within a reasonable time, but in no case longer than 60 days after the public hearing unless the applicant requests additional time in order to prepare revised plans. The town council shall not advertise its public hearing until the report and plans shall have been received from the planning commission.

Once the planning commission has forwarded a recommendation to the town council, the zoning administrator shall set a time and place for a public hearing by the town council. The town council shall take action to approve, approve with conditions or deny the application within a reasonable time of the public hearing. The decision of the council shall be set forth in writing to the applicant.

Approval by the town council of a concept plan for a special use permit shall be valid for a period of two years from the date of ordinance approving the permit. A site plan, when required by this ordinance or the land development and subdivision control ordinance, for the proposed use shall be filed with the zoning administrator following the approval by the town council before the end of the two-year period. If a site plan is not required, then a zoning permit application shall be filed within that two-year period.

If the two-year period should expire before a site plan application (or zoning permit application when no site plan is required) is submitted to and accepted by the town, the special use permit application shall be deemed null and void and a new application shall be submitted. An applicant may request one six-month extension of the two-year deadline from the administrator, in writing, prior to the expiration of the two-year period, in cases where there is a hardship in meeting the two-year deadline for submission of a site plan or zoning permit. The site plan submitted shall be in general conformance with the approved concept plan and shall follow the requirements as set forth in Article 5 of the land development and subdivision ordinance.

Minor modifications to an approved special use permit may be permitted by the zoning administrator when it is determined by the administrator that such are in substantial conformance with the approved special use permit and associated concept plan (when present) and that such are in response to:

(1)

A change of ownership of the business or organization operating the special use; or

(2)

A change of name of the business or organization operating the special use; or

(3)

Review comments from and/or requirements of governmental agencies; or

(4)

Minor issues of final engineering as it relates to such issues as topography, drainage, underground utilities, structural safety, layout, design, or vehicular circulation; or

(5)

The addition of accessory uses, accessory structures or minor building additions as permitted below:

(a)

The minor modifications permissible under [Paragraphs (3), (4) and/or (5)] above shall be limited to:

i.

The addition of accessory uses in accordance with this paragraph; or

ii.

An increase in the maximum number of children approved for a child care facility, so long as the approved number does not exceed five percent of the maximum, or a minimum of one, whichever is greater, number of children listed in the adopted special use permit conditions. The approval of a minor modification shall not increase the maximum number of children permitted for a child care facility beyond a maximum prescribed by the Code of Virginia or any other applicable law or regulation.

iii.

An increase in the permitted number of adults for an adult day care facility, so long as the approved number does not exceed: (1) five percent of the maximum number of adults listed in the adopted special use permit conditions; or (2) one additional adult, whichever is greater and so long as the minimum off-street parking requirement can be attained.

iv.

An increase in the maximum number of students approved for a private school, so long as the approved number does not exceed: (1) five percent of the maximum number of adults listed in the adopted special use permit conditions; or (2) one additional student, whichever is greater.

v.

A modification to the approved building materials, architectural style, or color of building design features, so long as the overall intent as depicted in the approved special use permit conditions shall be maintained. A certificate of design approval amendment will be required for any proposed variation from original approvals.

vi.

An increase in the permitted number of employees, so long as the approved number does not exceed: (1) five percent of the maximum employees listed in the adopted special use permit conditions; or (2) one additional employee, whichever is greater and so long as the minimum off-street parking requirement can be attained.

vii.

An increase in the number of rooms or units at an assisted living facility, so long as the approved increase does not exceed: (1) five percent of the maximum number listed in the adopted special use permit conditions; or (2) one additional room, whichever is greater.

viii.

Changes in a building's minimum floor area ratio (FAR) specified n an adopted special use permit condition, so long as the building's gross floor area is increased or reduced by no more than 0.1 FAR and so long as the maximum gross floor area is not increased beyond the maximum gross floor area prescribed in the zoning district standards.

ix.

Changes to a stormwater management facility as depicted on an approved special use permit plan, so long as no additional land disturbance would be required beyond that shown in the plan's limits of clearing and grading, to the satisfaction of the public works director or designee.

x.

Minor changes to the site layout or configuration, provided impacts to adjacent properties are mitigated.

xi.

Changes in a building's minimum or maximum height specified in an adopted special use permit condition, so long as the building's height is increased or reduced by no more than ten feet and so long as the height is not increased beyond the maximum height prescribed in the zoning district standards.

xii.

The addition of accessory structures clearly subordinates to the use and minor additions to buildings, provided that the sum total of all such structures or additions shall not exceed the following:

a.

Five percent of the approved gross floor area or 500 square feet of gross floor area, whichever is less, when the total gross floor area shown on the approved concept plan is less than 50,000 square feet; or

b.

One percent of the approved gross floor area when the total gross floor area shown on the approved concept plan is 50,000 square feet or more; or

c.

Two hundred fifty square feet of gross floor area of accessory storage structure uses when the total gross floor area shown on the approved concept plan is 10,000 square feet or less; and

d.

The maximum permitted FAR for the zoning district in which located.

(b)

Notice requirements. Any request for a minor modification to the approved special use permit, other than a change of ownership or change of name of the business or organization operating the special use, shall require the provision of written notice in accordance with the following:

Public notice. Notice shall be sent to the last known address of the owners (as shown in the Loudoun County real estate assessment records) of all property abutting and across the street from the site, or portion thereof, which is the subject of the request. In addition, if the subject property is included within an incorporated homeowners' association, then notice shall also be required to such home owners' association. The notice shall include a summary of the modifications being sought and how to receive additional information. Prior to approval, an affidavit that notice has been sent shall be filed with the zoning administrator.

(c)

Planning commission notice. Notice shall be provided to the planning commission as an information item on a regular meeting agenda prior to zoning administrator action on such modification.

(d)

When it is determined by the zoning administrator that such request for minor modification is not in general conformance with the approved special use permit or the requirements of this section, or at the planning commission's request following its notice of the proposed minor modification as required in Subsection (b)(2) above, a new special use permit shall be required.

The purpose of the planning commission permit is to provide for those public uses, public structures, public utilities, or public service uses upon which the planning commission is required to report following adoption of the comprehensive plan under the state enabling statutes (Code of Virginia, § 15.2-2232, as amended), thus facilitating coordination of the purposes of state planning statutes with those of state zoning enabling legislation. Widening, narrowing, extension, enlargement, vacation or change of use of streets or public areas shall likewise be submitted for approval, but paving, repair, reconstruction, improvement, drainage or similar work and normal service extensions of public utilities or public service corporations shall not require approval unless such work involves a change in location or extent of a street or public area.

A commission permit shall be approved only if it is found that the general location or approximate location, character, and extent thereof of the proposed public use, public structure, public utility or public service use is substantially in accordance with the adopted comprehensive plan or part thereof as determined by the local commission.

Any public area, facility or use as set forth in this article, which is identified within, but not the entire subject of a submission for either subdivision or site plan shall be excepted from the requirement for a commission permit, if the public area, facility, or use is reviewed and approved as part of the submission for an overall development or if such public area facility, park or use have been approved by the town council through acceptance of a proffer pursuant to Code of Virginia, § 15.2-2303.

Uses which may require a commission permit approved in accordance with this ordinance and Code of Virginia, § 15.2-2232 include, but are not limited to, the following:

(1)

Community or cultural facility.

(2)

Fire, rescue or police station.

(3)

Government office and assembly room.

(4)

Government operations facility.

(5)

Library.

(6)

Major public utility.

(7)

Minor public utility.

(8)

Park.

(9)

Playground.

(10)

Public or government buildings, facilities, or uses not otherwise defined.

(11)

Public recreation facility.

(12)

Public school.

Prior to forwarding a decision to the town council, the planning commission shall hold a public hearing on the commission permit application in accordance with the procedures for notice and hearing as set forth in Code of Virginia, §§ 15.2-2204—2206, 1950, as amended, and as set forth in Article 10, Section 10.12: Public notices. The zoning administrator may also require the submission of plans or drawings as necessary for consideration by the planning commission.

The planning commission shall communicate its decision to the council, indicating its approval or disapproval with written reasons therefore. The council may overrule the action of the planning commission by a vote of a majority of the membership thereof. Failure of the commission to act within 60 days of such submission, unless such time shall be extended by the council, shall be deemed approval.

The owner or owners or their agents may appeal the decision of the commission to the town council within ten days of the decision. The appeal shall be by written petition to the council setting forth the reasons for the appeal. The appeal shall be heard and determined within 60 days from its filing. A majority vote of the governing body shall overrule the commission.

An appeal to the BZA may be taken by any person aggrieved or by any officer, department, BZA or bureau of the town affected, by any decision of the zoning administrator, or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this ordinance. Such appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the BZA, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the secretary of the BZA all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in the furtherance of the action appealed from, unless the zoning administrator certifies to the BZA after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the BZA or a court of record, on application and on notice to the zoning administrator and for good cause shown. An application for appeal (appeal) shall be advertised for public hearing as set forth by the provisions of Code of Virginia, § 15.2-2309.

In any case where the zoning administrator has certified conformity with the provisions of this ordinance and a building permit has been issued and construction of the building for which such permit was issued is subsequently sought to be prevented, restrained, corrected or abated as a violation of the zoning ordinance, suit may be filed within 15 days after the start of construction by a person who had no actual notice of the issuance of such permit. The court may hear and determine issues raised in the litigation even though no appeal was taken from the decision of the zoning administrator to the BZA of zoning appeals.

Certiorari to review a decision of the BZA may be filed in the manner prescribed by Code of Virginia, § 15.2-2314.

The town council may, from time to time, amend, supplement, or change, by ordinance, the boundaries of the districts or the regulations herein established. Any such amendment may be initiated by resolution of the town council, or by motion of the planning commission, or by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the town council. Petitions for change or amendment shall be on forms and filed in a manner prescribed by the town.

Before taking any action on any proposed amendment, supplement, or change, the town council shall submit the same to the planning commission for its recommendations and report.

The planning commission shall hold a public hearing thereon, before submitting its report to the town council. Notice of public hearings before the planning commission shall be held in accordance with Code of Virginia, §§ 15.2-2204 and 15.2-2206 and as set forth in Article 10 of this ordinance.

Before approving any proposed change or amendment, the town council shall hold a public hearing thereon, notice of said hearing to be accomplished as prescribed above. The planning commission and the town council may hold a joint public hearing after public notice as set forth hereinabove. If such joint hearing is held then public notice as set forth above need be given only by the town council. If an advertised hearing is continued or deferred, notice shall be repeated for the new hearing.

Applications for a change in zoning may be withdrawn from consideration before the first notice of a public hearing thereon has been published and fees refunded if no publication cost is incurred. Applications for a change in zoning which are withdrawn after first publication shall be considered as denied for the purpose of the one-year limitation on reconsideration as provided in Subsection 10.10.7 below.

In determining what, if any, amendments to this ordinance are to be adopted, the town council shall give due consideration to the proper relationship of such amendments to the entire zoning plan and integrity and validity of the zoning districts herein described, and to avoid isolated unplanned spot-zoning changes in the zoning district map. Any amendments adopted by the town council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the zoning plan and ordinance; provided, however, that no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice as required in Subsection 10.9.3 above.

In determining what, if any, amendments to the text of this ordinance or the zoning district map are to be adopted, the town council shall recognize that a certain element of stability is desirable in land use controls and that all citizens have the right to be treated reasonably; at the same time the council recognizes in adopting this ordinance that conditions and standards will change, and that no citizen, whether a general resident of the town, a neighbor, or an affected property owner, has the right to indefinite continuation of any zoning regulation or classification, and that a citizen, a property owner, the planning commission, or the town council, in accordance with the law and the provisions of this ordinance, may initiate a change which they believe will properly adjust the zoning ordinance and district map to the comprehensive plan or changed conditions and standards.

(1)

Purpose. Where competing and incompatible uses conflict, traditional zoning methods and procedures are sometimes inadequate. In such cases, more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize effects of change. It is the purpose of this section to provide a zoning method as authorized under Code of Virginia, § 15.2-2303 whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community even though said conditions may not be generally applicable to land similarly zoned. While the conditions may vary from property to property by reason of the nature of the use and different circumstances at a particular location, it is not the intention of this section to authorize conditions limited to a particular individual or group, owner or operator, and the provisions of this section shall not be used for the purpose of discrimination in housing.

(2)

Proffer in writing. As a part of a petition for rezoning or amendment of the zoning district map, the owner or owners of the property involved may, prior to a public hearing before the town council, voluntarily proffer in writing such reasonable conditions, in addition to the regulations provided for the zoning district or districts as herein set forth, as he deems appropriate for the particular case; as per Code of Virginia, § 15.2-2303 and in compliance with the provisions of Code of Virginia, § 15.2-2303,4. as applicable. The town council may accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposals.

For the purpose of this ordinance, proffered conditions shall be interpreted to include written statements, development plans, profiles, elevations, and/or other demonstrative materials. Materials of whatever nature and intended as conditions shall be annotated with the following statement signed by the owner or owners of the subject property: "I (we) hereby proffer that the development of the subject property of this application shall be in substantial accordance with the conditions set forth in this submission."

Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(3)

Annotation of zoning map. The zoning map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep in the designated office and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district. Such conditions shall become a part of the zoning regulations applicable to the property in question, regardless of changes in ownership or operation, unless subsequently changed by an amendment to the zoning map, and such conditions shall be in addition to the specific regulations set forth in this ordinance for the zoning district in question.

(4)

Enforcement of conditions. The zoning administrator shall be vested with all necessary authority on behalf of the town council to administer and enforce conditions attached to such rezoning or amendment to the zoning district map, including:

(a)

The ordering in writing of the remedy of any noncompliance with such conditions;

(b)

The bringing of legal action to ensure compliance with such conditions, including injunction, abatement, or other appropriate action or proceeding; and

(c)

Requiring a guarantee, satisfactory to the town council, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the town council, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

Provided, further, that failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy, or building permits, as may be appropriate.

(5)

Conformity of development plans. Upon approval, any site plan, subdivision plat or development plan thereafter submitted for the development of the property in question shall be in substantial conformity with all proffered statements, plans, profiles, elevations, or other demonstrative materials, and no development shall be approved by any town official in the absence of said substantial conformity. For the purpose of this section, substantial conformity shall mean that conformity which leaves a reasonable margin for adjustment to final engineering data but conforms with the general nature of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.

(6)

Change of approved conditions. Once conditions have been approved, and there is cause for an amendment which would not be in substantial conformity with the proffered conditions, then an application shall be filed for an amendment. If the amendment concerns an approved site plan, such application shall include the submission requirements for a site plan set forth in Article 10, except that the zoning administrator may waive any submission requirement if such requirement is not necessary for an adequate review of the site plan amendment application.

There shall be no amendment or variation of conditions created pursuant to the provisions of this ordinance until after a public hearing before the town council advertised pursuant to the provisions of this ordinance. However, where an amendment to proffered conditions is requested by the proffer or, and where such amendment does not affect conditions of use or density, the town council may waive the requirement for a public hearing, as per Code of Virginia, § 15.2-2302. Once so amended, 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 ordinance.

Whenever a petition requesting an amendment, supplement, or change has been denied by the town council, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial.

No permit shall be issued for any structure in any area covered by a site plan that is required under the provision of this article except in conformity to such plan which has been duly approved. Permits issued under an approved site plan may be revoked by the administrator for failure to comply with the approved plan, the conditions attached thereto, or other applicable regulations.

Prior to approval of a zoning permit there shall be executed by the owner or developer, an agreement to construct such required physical improvements as are located within public rights-of-way or easements, or as are connected to any public facility in form and substance as approved by the town in accordance with the Purcellville land development and subdivision control ordinance.

The town may require a bond with surety or conditions acceptable to the town attorney in the amount of the estimated cost of the required physical improvements as determined by the departments, divisions, or agencies responsible for such improvements. The aforesaid agreement, bond, or conditions shall be provided for completion of all work covered thereby, maintenance thereof or for subsequent defects therein, within the time to be determined by the town council, which time may be extended by the town council upon written application by the owner or developer, signed by all parties (including sureties) to the original agreement. The adequacy, conditions, and acceptability of any bond here under shall be determined by the town attorney.

Approval of a final site plan submitted under the provisions of this article shall expire five years after the date of such approval unless building permits have been obtained for construction in accordance therewith. A single one-year extension may be given upon written request by the applicant to the administrator made within 90 days before the expiration of the approved site plan. The zoning administrator shall acknowledge the request and shall make a decision regarding the requested extension within 30 days after receipt of the request taking into consideration the size and phasing of the proposed development, the laws, ordinances and regulations in effect at the time of the request for an extension.

Subject to the time limits and conditions specified in this ordinance, the rights of an owner or developer to continue a project for which a site plan has been approved shall not be abridged so long as he proceeds toward completion with reasonable care and diligence and in accordance with the terms of the approval.

(1)

The owner or developer shall have one set of approved plans, profiles and specifications available at the site at all times when work is being performed. A designated, responsible employee shall be available for contact by administrator or inspectors.

(2)

Upon satisfactory completion of all installation of the required improvements, the owner shall receive an approval from the town, upon application for such approval. Such approval will authorize the release of any bond which may have been furnished for the guarantee of satisfactory installation of such improvements or parts thereof. Inspection is to be made within a reasonable time of the request, and the bond released as quickly as circumstances will permit.

(3)

The installation of improvements as required in this article shall in no case serve to bind the town to accept such improvements for the maintenance, repair, or operation thereof, but such acceptance shall be subject to the existing regulations concerning the acceptance of each type of improvement.

All applications for zoning permits shall be accompanied by a current plat of the property, or if not available, a drawing or plan in duplicate or as required by the administrator showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot and such other information as may be necessary to provide for the enforcement of these regulations, including, if necessary and required in a specific case, a boundary survey and a staking of the lot by a competent surveyor and complete construction plans. The drawings shall contain suitable notations indicating the proposed use of all land and buildings, including the number of families or dwelling units or rental units proposed.

A careful record of the original copy of such applications and plans shall be kept in the offices of the zoning administrator and a duplicate copy shall be kept at the building at all times during construction. In a particular case, the zoning administrator may waive the requirement for plans when such plan is clearly unnecessary to a decision or the record on the case.

(1)

Site plans required. For the purposes of assuring careful use of difficult topography and good arrangement, appearance, function, and harmony with surroundings and adjacent uses and the objectives of the comprehensive plan, and compliance with the requirements of these regulations, site plans shall be submitted and reviewed in accordance with the requirements and procedures of this chapter and the requirements set forth in Article 5 of the land development and subdivision control ordinance.

(2)

Site plan review. When these regulations require site plan review, copies of a site plan shall be submitted to the administrator for review of the plans for compliance with these regulations and the requirements for site plans as set forth in Article 5 of the land development and subdivision control ordinance.

The zoning administrator shall examine the proposed site plan with respect to the requirements of this ordinance, the land development and subdivision control ordinance, and the facilities standards manual, with respect to the internal and external traffic and circulation patterns; relation to existing or proposed major thoroughfares, utilities, drainage, and community facilities; existing or future surrounding development; considerations of topography, floodplains, and the natural environment, the preservation of trees, provision for screening and buffer yards, open space; and in general with the objective of ensuring a durable, harmonious, and appropriate use of the land in accord with the objectives of the comprehensive plan.

Nothing in this section shall be interpreted to permit a grant of a variance or exception to the regulations of this ordinance or to abridge the procedures or requirements of the laws and ordinances governing the subdivision of land.

Approval of a final development plan shall be a prerequisite and shall constitute authority for the applicant to prepare a site plan or subdivision plat. Approval of site plans or subdivision plats, issuance of zoning permits and occupancy permits shall be in substantial conformance with the final development plan, and in conformance with the provisions of this ordinance and the land development and subdivision control ordinance and the following:

(1)

Separate site plans or subdivision plats shall be submitted for each section of the planned development in accordance with the approved final development plan.

(2)

When a planned development is to be constructed in sections, the total area of open space provided at any stage of development shall bear substantially the same relationships to the total open space to be provided in the entire planned development as the sections completed or under development bear to the entire planned development.

(3)

Minor deviations from the provisions of this ordinance and the land development and subdivision control ordinance may be permitted, but only where such deviations are indicated on the approved final development plan.

(4)

Minor modifications to an approved final development plan may be permitted when it is determined by the zoning administrator that such are in substantial conformance with the approved final development plan and that such modifications are precipitated by topographical concerns, drainage concerns, underground utilities, structural safety, layout design, vehicular circulation e.g. requirements of the Virginia Department of Transportation, Loudoun County or the Town of Purcellville or are accessory uses or accessory structures or minor building additions as provided for in Paragraph (6) below. In no event shall such modifications:

(a)

Permit a more intensive use than that approved pursuant to the approved conceptual development plan, final development plan, or any applicable proffers or development conditions; or

(b)

Result in an increased parking requirement, except for any additional parking which may be required for any building additions or modifications permitted under Paragraph (f) below; or

(c)

Permit additional uses other than those approved pursuant to the final development plan, except that accessory uses in accordance with this paragraph may be permitted; or

(d)

Reduce the effectiveness of approved transitional screening, buffering, landscaping or open space; or

(e)

Permit changes to bulk, mass, orientation or location which adversely impact the relationship of the development or part thereof to adjacent property; or

(f)

Include the addition of any building or additions to buildings, except that accessory structures clearly subordinate to the use and minor additions to buildings may be permitted, provided that the sum total of all such structures or additions shall not exceed the following:

i.

In a building containing less than 50,000 square feet of gross floor area, five percent of the approved gross floor area or 250 square feet of gross floor area, whichever is less; or

ii.

In a building containing 50,000 square feet of gross floor area or more, 0.5 percent of the approved gross floor area; or

iii.

The land area designated for commercial uses in the PDH district; or

iv.

The maximum permitted density.

(5)

Any request for a modification shall require the provision of written notice by the requester in accordance with the following:

(a)

The notice shall include the letter of request with all attachments as submitted to the zoning administrator, a statement that the request has been submitted, and where to call for additional information; and

(b)

The notice shall be sent to the last known address of the owners, as shown in the real estate assessment files, of all property abutting and across the street from the site, or portion thereof, which is the subject of the request, and shall be delivered by hand or sent by certified mail, return receipt requested.

The request for a modification submitted to the zoning administrator shall include: an affidavit from the requester affirming that the required notice has been provided in accordance with the above; the date that the notice was delivered or sent; the names and addresses of all persons notified; and the tax map references for all parcels notified. No request for a modification shall be considered by the zoning administrator unless the affidavit has been provided in accordance with this paragraph.

When it is determined by the zoning administrator that a modification is not in substantial conformance with the approved final development plan, such modification shall require the resubmission and amendment of the final development plan in accordance with the procedures set forth in Subsection 10.11.3.

(6)

Alterations to any single-family dwelling shall be governed by the regulations of the R district most closely characterizing the residential design as determined by the zoning administrator.

(1)

A temporary site plan may be approved by the administrator for a proposed development or land use for a period not to exceed one year, where development is in progress and all buildings are of a temporary nature. The drainage, erosion, and sediment control practices, parking, screening, fencing, services, and utility requirements of this ordinance and this section may be modified for the purpose of a temporary plan.

(2)

Prior to the approval of such temporary site plan a cash bond or letter of credit approved by the town attorney, may be required to guarantee that all structures erected under the plan will be removed at the expiration of the period for which the permit was issued.

(3)

Items to be shown on a temporary site plan shall be the same as required for site plans under Subsection 10.12.2 above except as these may be waived by the administrator.

A site grading plan shall be submitted for any of the following:

(1)

Prior to the clearing of vegetation from any site, the zoning administrator shall visit the site to determine if storm water management will be affected and what erosion/siltation control measures should be applied.

(2)

A site area of 5,000 square feet or greater.

(3)

A depth of grading or re-grading of 18 inches or more.

(4)

The grading or re-grading of a site that is adjacent to a natural drainage area, whether or not defined as a floodplain, or impacts in any manner on the drainage area to serve its natural function of transporting storm drainage to a natural unobstructed outfall.

(5)

Redirection of natural drainage.

A site grading plan shall be submitted and reviewed pursuant to Article 10, Subsection 10.11.2 as determined by the zoning administrator.

Public hearings involving planning and zoning matters held by the town council, planning commission, BZA or other duly appointed authority shall be held in accordance with Code of Virginia, § 15.2-2204 and Code of Virginia, 1950, § 15.2-2206, as amended. Every such advertisement shall identify the place or places within the town where copies of the proposed plans, ordinances or amendments may be examined. In the case of a proposed amendment to the zoning map, such public notice shall state the general usage and density range or such proposed amendment and the general usage and density range of the applicable part of the comprehensive plan.

(1)

Published notice. Notice of the intended action shall be published once a week for two successive weeks in some newspaper published or having general circulation in the town, provided that such notice for both the planning commission and the town council may be published concurrently. The notice shall specify the time and place of the hearing at which persons affected may appear and present their views. The public hearing shall be held not less than five days nor more than 21 days after the second advertisement appears in such newspaper. Fees associated with the newspaper publications shall be the responsibility of the applicant.

(2)

Posting of property required by applicant. Not less than 14 days prior to the public hearing, the applicant shall cause the date, time, place, and nature of the hearing to be posted conspicuously on the property on a sign not to exceed eight square feet in size. The applicant shall maintain the posted notice on the property up to the time of the public hearing. A certificate of posting shall be provided by the applicant and such certificate shall become a part of the record of the public hearing.

(3)

Written notice. In accordance with Code of Virginia, § 15.2-2206, the applicant for any action requiring a public hearing shall be responsible for providing the written notice and shall bear the cost of said notice. The applicant shall be required to supply the names of those persons that were required to be notified and certify that notice was sent to those to whom notice was required to be sent. The certification of notice and a listing of the persons to whom notice has been sent shall be supplied by the applicant to the town at least five days before the public hearing. Any person entitled to notice may waive such right in writing.

(a)

When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of 25 or fewer parcels of land, then in addition to the advertising as above required, written notice shall be given at least five days before the hearing to the owner (as shown on the current real estate assessments records of Loudoun County) of each parcel involved, the owners of all abutting property and the owners of property immediately across the street or road from the property affected, including those parcels which lie in other localities; and, if any portions of the affected property is within a planned unit development, then to such incorporated property owners associations within a planned unit development, then to such incorporated property owners associations within the planned unit development that have members owning property located within 2,000 feet of the affected property as may be required by the town staff. Notice sent by registered or certified mail to the last known address of such owner as shown on the current Loudoun County real estate tax assessment records shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be remailed.

(b)

When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of more than 25 parcels of land, or a change to the applicable zoning ordinance text regulations that decreases allowed dwelling unit density of any parcel of land, then, in addition to the advertising as above required, written notice shall be given by the town staff at least five days before the hearing to the owner, owners, or their agent of each parcel of land involved, provided, however, that written notice of such changes to zoning ordinance text regulations shall not have to be mailed to the owner, owners, or their agent of lots shown on a subdivision plat approved and recorded pursuant to the provisions of Code of Virginia, § 15.2-2240, where such lots are less than 11,500 square feet. One notice sent by first class mail to the last known address of such owner as shown on the current Loudoun County real estate tax assessment records shall be deemed adequate compliance with this requirement, provided that town staff shall make affidavit that such mailings have been made and file such affidavit with the papers in the case. Nothing in this subsection shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure by the town staff to give written notice to the owner, owners or their agent of any parcel involved.

(c)

When a proposed comprehensive plan or amendment thereto; a proposed change in zoning map classification; or an application for special use permit for a change in use or to increase by greater than 50 percent of the bulk or height of an existing or proposed building, but not including renewals of previously approved special use permit, involves any parcel of land located within one-half mile of a boundary of any adjoining locality of the Commonwealth, then, in addition to the advertising and written notification as above required, written notice shall also be given by the town staff at least ten days before the hearing to the chief administrative officer, or his designee, of such adjoining locality.

In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner.

Whenever the notices required hereby are sent by an agency, department or division of the town, such notices may be sent by first class mail; however, a representative of such agency, department or division shall make affidavit that such mailings have been made and file such affidavit with the papers in the case.

(1)

No vacant land shall be occupied or used, except for agricultural uses associated with the conduct of a farm, until a certificate of occupancy shall have been issued by the administrator.

(2)

No premises shall be used, and no buildings hereafter erected or structurally altered shall be used, occupied, or changed in use, until a certificate of occupancy and compliance shall have been issued by the zoning administrator, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

(3)

Certificates of occupancy shall be applied for coincident with the application for a zoning permit. Within ten days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of these regulations, the applicant shall request an occupancy permit inspection from the department of community development. The department shall issue the certificate of occupancy following inspection of the improvements upon finding that such improvements conform to the provisions of these regulations. A record of all certificates shall be kept on file in the office of the administrator.

(4)

A certificate of occupancy may be issued for a part of a building or development or section thereof completed in accord with the terms of this ordinance even though the entire building or development or section thereof has not been completed.

(5)

The zoning administrator may issue a temporary and contingent certificate of occupancy and compliance for a period not to exceed six months where, because of the unusual nature of the uses, a trial period of operation is in his opinion the most appropriate way to determine actual compliance with the terms of this ordinance.

(1)

No building or structure shall be erected, constructed, altered, moved, converted, extended, or enlarged, without the owner or owners first having obtained a zoning permit. Such permit shall require conformity with the provisions of this ordinance. When issued, such permit shall be valid for a period of six months unless a longer period of time is specified thereon in accord with the terms of this ordinance.

(2)

No zoning permit by the zoning administrator or other authorized official, lawfully issued prior to the effective date of this ordinance, or of any amendment hereto, and which permit, by its own terms and provisions, is in full force and effect at said date, shall be invalidated by the passage of this ordinance, or any such amendment, but shall remain a valid and subsisting permit, subject only to its own terms and provisions and ordinances, rules, and regulations pertaining thereto, and in effect at the time of the issuance of such permit; provided, that all such permits shall expire not later than six months from the effective date of this ordinance, unless actual construction shall have theretofore begun and continued pursuant to the terms of said permit.

As used in this article, the term "zoning administrator" includes designees of the zoning administrator and the term "person" includes both individuals and business entities with an ownership interest in the land.

The zoning administrator is authorized to enforce the zoning ordinance as follows:

(1)

Investigation. Upon observation or report of a potential violation of the zoning ordinance, the zoning administrator shall document the observation or report and conduct an investigation.

(2)

Inspection warrants and search warrants. The zoning administrator is authorized to request and execute inspection warrants issued by a magistrate or court of competent jurisdiction to allow the inspection of dwellings, as authorized under Code of Virginia, § 15.2-2286(A)(15). The zoning administrator is further authorized to request and execute search warrants issued by a court of competent jurisdiction as provided by law. Prior to seeking an inspection warrant or a search warrant, the zoning administrator shall make a reasonable effort to obtain consent from the owner or occupant to enter the structure or property to conduct an inspection or search.

(3)

Subpoenas duces tecum (court order to produce records). Whenever the zoning administrator has reasonable cause to believe that any person has violated or is violating any zoning ordinance provision that limits occupancy in a dwelling unit and, after a good faith effort to obtain the data or information necessary to determine whether a violation has occurred, has been unable to obtain such information, he may request that the town attorney petition the judge of the general district court for a subpoena duces tecum against any person refusing to produce the data or information, as authorized under Code of Virginia, § 15.2-2286(A)(4).

(4)

Preliminary determination letter. If, upon completion of the investigation, the zoning administrator believes that a violation of the zoning ordinance exists, then the zoning administrator shall send a preliminary determination letter to both the owner of the property and the person committing or permitting the violation, describing the suspected violation and requesting that the recipients contact the zoning administrator to either (i) concede the violation and agree upon the manner and deadline for abatement, or (ii) request that the zoning administrator issue a final determination that may be appealed to the BZA. The preliminary determination letter shall include the following information:

(a)

The date of the letter;

(b)

A statement that a preliminary determination has been made that a violation exists, including the section of the zoning ordinance believed to have been violated, and the location and date that the suspected violation occurred or was observed;

(c)

Available methods for contacting the zoning administrator to discuss the matter;

(d)

Notice that the recipient may concede and abate the suspected violation, or may request that the zoning administrator issue a final determination on the matter and issue, if applicable, a notice of violation.

(e)

Notice that if the town does not receive a response from at least one of the recipients within seven business days from the date of the letter, the zoning administrator shall issue a final determination on the matter and issue, if applicable, a notice of violation.

(5)

Final determination; notice of violation. If the suspected violation is not conceded and abated during the preliminary determination letter stage of enforcement, or otherwise resolved, then the zoning administrator shall make a final determination about the suspected violation and shall, if he determines a violation to exist, issue a notice of violation ("notice of violation") to (i) the owner of the property, and (ii) the person committing or permitting the violation if such person can be identified and is not the owner of the property.

(a)

Contents of notice of violation. The notice of violation shall include the following information:

i.

The date of the notice;

ii.

The name and address of the persons charged with committing or permitting the violation;

iii.

The nature of the violation, including the section of the zoning ordinance allegedly violated;

iv.

The location and date that the violation occurred or was observed;

v.

A statement informing the recipient that the decision may be appealed to the BZA within the applicable appeal period provided in zoning ordinance Section 10.3: BZA, and that the decision shall be final and unappealable if it is not timely appealed;

vi.

The applicable appeal fee;

vii.

A reference to where additional information may be obtained regarding filing an appeal;

viii.

The time within which the violation must be abated in order to avoid civil penalty, criminal charges, or other legal action ("abatement period"). The abatement period shall be no shorter than the applicable appeal period, in order to prevent civil penalties from accruing during the appeal period;

ix.

The amount of the civil penalty that will be imposed by the town immediately upon expiration of the abatement period and again thereafter every ten days, until abated; and

x.

Notice that if a civil penalty is imposed by the town, the violator will be summoned to the Loudoun County General District Court for a hearing, where the town will seek a court order imposing upon the violator the accumulated penalties.

xi.

Delivery of notice of violation. The zoning administrator shall deliver the notice of violation by certified mail, return receipt requested, and also by one or more additional methods, which may include: hand delivery to an occupant of the property, posting said notice on the door of a building on the property, or mailing said notice by regular first-class mail. Notice to the property owner, sent by certified mail to the property owner as shown on the real estate tax assessment books or real estate tax assessment records, shall satisfy the notice requirements of this section.

(6)

Abatement period. The zoning administrator is authorized to allow a reasonable time period for a property owner or other responsible person to abate a zoning violation, taking into consideration: public safety, harm to adjoining properties, weather, and the complexity of the abatement. The zoning administrator is further authorized to extend the abatement period for a reasonable period of time upon a showing that progress to abate the zoning violation has been made.

(7)

Remedies cumulative. In the enforcement of the zoning ordinance, the zoning administrator may pursue any and all remedies authorized by law. The remedies set forth in this are cumulative and not exclusive, except to the extent expressly provided, and shall be in addition to any other remedies authorized by law.

Duty to enforce. It shall be the duty of the zoning administrator and such deputies as are appointed by him to enforce the provisions of the zoning ordinance, act to end violations of the zoning ordinance, and to refuse to issue any permit for any building, or for the use of any premises which would violate any of the provisions of the zoning ordinance. It shall also be the duty of all officers and employees of the town to assist the enforcing officer by reporting to him any seeming violation in new construction, reconstruction, or land uses.

(1)

Violations. The following are violations of the zoning ordinance and are declared to be unlawful:

(a)

Uses. The use of a structure, improvement, or land when such use is established, conducted, operated or maintained in violation of any: provision of the zoning ordinance, approved proffer, special use permit, variance, certificate of design approval, site plan, waiver, modification, zoning permit, or condition accepted or imposed in conjunction with any town approval under the zoning ordinance. Such "use" violation includes, but is not limited to, the use of a structure, improvement, or land without a required permit, certificate, or other approval required under the zoning ordinance. The nonconforming status of a use shall not, in and of itself, constitute a violation.

(b)

Structures or improvements. The establishment, construction, alteration, operation, or maintenance of any structure or improvement that violates any: provision of the zoning ordinance, approved proffer, special use permit, variance, certificate of design approval, site plan, waiver, modification, zoning permit, or condition accepted or imposed in conjunction with any town approval under the zoning ordinance. Such violations include, but are not limited to, establishing, constructing, altering, operating, or maintaining any structure or improvement without a required permit, certificate, or other approval required under the zoning ordinance. The nonconforming status of a structure or improvement shall not, in and of itself, constitute a violation.

(c)

Structures without zoning permits. Any structure for which a zoning permit application is required that is started, established, constructed, reconstructed, enlarged, or altered without a zoning permit.

(d)

Use of structure or site without certificate of occupancy. Any use of a structure or site for which a certificate of occupancy is required that is established, conducted, operated or maintained without a certificate of occupancy.

(e)

Requirements and standards. The failure to comply with any other requirement or standard of the zoning ordinance.

(2)

Civil penalties. Any person who (i) violates any provision of the zoning ordinance as provided in Subsection 10.133.4(1): Violations; or (ii) permits such violation, either by granting permission to another to engage in the violating act or by failing to prohibit the violating act after being informed by the zoning administrator that the act violates the zoning ordinance as provided in Section 10.14: Enforcement and penalties; or (iii) owns or occupies any land, building, or structure upon or within which a zoning ordinance violation exists, is subject to the following, as per Code of Virginia, § 15.2309:

(a)

Warrant in debt. The town may file a warrant in debt, or similar summons, with the Loudoun County General District Court, asking the court to summon the persons charged and to impose upon them a monetary fine ("civil penalty") for violation of the zoning ordinance. A warrant in debt shall contain, at a minimum, the following information:

i.

The name and address of the persons charged;

ii.

The nature of the violation and the section of the zoning ordinance allegedly violated;

iii.

The location and date that the violation occurred or was observed;

iv.

The amount of the civil penalty being imposed for the violation;

v.

The manner, location and time in which the civil penalty may be paid to the town;

vi.

The right of the recipient of the warrant in debt to elect to stand trial;

vii.

That a signature to an admission of liability will have the same force and effect as a judgment of a court; and

viii.

Either the date scheduled for trial, or the date on which such trial will be scheduled by the court.

(b)

Each day is a separate offense; one charge every ten days. Each day that a zoning violation is found to exist as a result of certain operative facts shall constitute a separate offense, and each separate offense shall be subject to a separate civil penalty. However, a zoning violation arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period.

(c)

Amount of civil penalty; maximum aggregate civil penalty. There shall be two classes of zoning ordinance violation: violations related to signs posted on private property, which shall be a Class 1 violation, and all other violations, which shall be Class 2 violations.

(d)

Class 1 violations. For the first offense arising from the same operative facts, the civil penalty shall be $100.00. For each subsequent offense arising from the same operative facts, the civil penalty shall be $150.00 until a cumulative total of $5,000.00 in civil penalties is reached.

(e)

Class 2 violations. For the first offense arising from the same operative facts, the civil penalty shall be $200.00. For each subsequent offense arising from the same operative facts, the civil penalty shall be $500.00 until a cumulative total of $5,000.00 in civil penalties is reached.

(f)

The total civil penalties from a series of violations arising from the same operative set of facts shall not exceed $5,000.00. Once a zoning violation has accumulated civil penalties of $5,000.00 or more, the town may, in addition to pursuing the accumulated civil penalties, prosecute the violation as a criminal misdemeanor under Subsection 10.14.4(3): Criminal penalties.

(g)

Option to pay civil penalty and waive trial. Any person receiving a warrant in debt for a violation of the zoning ordinance may elect to pay the civil penalty to the town and avoid court by making an appearance in person (or in writing) to the town's department of finance at least 72 hours prior to the time and date fixed for trial in court. A person so appearing may avoid court by entering a waiver of trial, admitting liability, and paying the civil penalty established for the offense charged. A signature to an admission of liability shall have the same force and effect as a judgment of court. However, an admission shall not be deemed a criminal conviction for any purpose. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court of Loudoun County in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

(h)

Civil penalties are in lieu of criminal penalties. A violation enforced by civil penalty shall not be enforced by criminal prosecution, except as provided in Subsection 10.14.4(3): Criminal penalties.

(i)

Violations excluded. The town shall not impose civil penalties for the violation of any provision of the zoning ordinance that:

i.

Relates to the posting of signs on public property or public rights-of-way; or

ii.

Results in injury to a person. The town may criminally prosecute and pursue all remedies available under law for any violation of the zoning ordinance that is excluded from civil penalties.

(j)

Assessment of civil penalties during appeal period. No civil penalties shall be assessed by a court during the pendency of the 30-day appeal period provided under Section 10.3: Board of zoning appeals.

(3)

Criminal penalties. Any zoning ordinance violation designated herein as subject to civil penalty shall not be prosecuted as a criminal misdemeanor unless such violation results in injury to any person, or results in accrued civil penalties totaling $5,000.00 or more.

The town may prosecute as a criminal misdemeanor any zoning violation, or series of zoning violations that:

(a)

Involve activities related to land development;

(b)

Relate to the posting of signs on public property or public rights-of-way;

(c)

Result in injury to a person;

(d)

Arise from the same operative set of facts and accrue civil penalties totaling $5,000.00 or more; and

(e)

Are exempt under law from civil penalty as determined by a court of competent jurisdiction.

Any person, whether the owner, lessee, principal, agent, or otherwise, who violates any provision of the zoning ordinance in a manner that results in injury to any person, or to whom the $5,000.00 maximum aggregate civil penalty has been charged and who continues to violate any provision of the zoning ordinance, or who permits, either by granting permission to another to engage in the violating act or by not prohibiting or correcting the violating act after being informed by the zoning administrator that the act constitutes a violation of the zoning ordinance, shall be subject to the following:

(a)

The person shall have committed a misdemeanor offense punishable by a fine of not less than $10.00 no more than $1,000.00.

(b)

If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than $10.00 nor more than $1,000.00, and failure to remove or abate a violation during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period, punishable by a fine of not less than $100.00 nor more than $1,500.00.

(c)

Notwithstanding the other provisions of this section, any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwelling units shall be punishable by a fine of up to $2,000.00. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000.00, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of up to $7,500.00. However, no fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of the dwelling unit against a tenant to eliminate an overcrowding condition in accordance with Code of Virginia, Chapters 13 or 13.2 of Title 55, as applicable. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwelling units shall not be punishable by a jail term.

(4)

Injunctive relief and other remedies. Any violation of the zoning ordinance may be restrained, corrected, or abated by an action of the town seeking injunctive or other appropriate relief.

State Law reference— Code of Virginia, §§ 15.2-2208, 15.2-2209, 15.2-2286, 15.2-2286(A)(5).

No member of the town council, planning commission, BAR or BZA, shall participate in the deliberations or vote on any ordinance, resolution, motion, or other proceedings involving any matter in which he, a member of his immediate family, his partner or agent, has a financial interest other than as an owner of not more than five percent of the stock of a corporation, or as a citizen of the town.

If such interest exists, it shall be the duty of such member to take no part in the deliberations with regard to such matters.

The provisions of this section do not apply to adoption of a comprehensive zoning plan or ordinance applicable throughout the town.

(1)

An applicant for special use permit, zoning map amendment, zoning concept plan amendment, proffer amendment, zoning text amendment, zoning ordinance modification, and variance shall include as part of the minimum application submission requirements a completed affidavit of disclosure of real parties in interest form, disclosing the legal and equitable ownership interests in the real property that is the subject of such application.

(2)

In accordance with Code of Virginia, § 15.2-2289, such disclosure shall not be required of a corporation having more than 500 shareholders whose stock is traded on a national or local stock exchange, nor shall it be required from a condominium owner, contract purchaser, or lessee who owns less than ten percent of the units in the condominium.

(3)

A "real party in interest" shall include all parties who have a legal, equitable or beneficial interest in the subject property, including applicants, title owners, contract purchasers, lessees, trustees, beneficiaries (including beneficiaries under a trust, an easement, or a restrictive covenant), and executors.

(4)

Any real party in interest that is a partnership, corporation, limited liability company, or trust shall name its owners, partners (general and limited), shareholders, and beneficiaries, each of whom must be broken down successively until:

(a)

Only individual persons are listed; or

(b)

The listing is a business entity having more than 100 owners (e.g.; partners, shareholders, or members), in which case only those individual persons who own ten percent or more of the business entity must be listed.

Limited liability companies, sole proprietorships, and real estate investment trusts and their equivalents shall be treated as corporations, with members and managing members deemed the equivalent of shareholders.

(5)

Prior to each and every hearing for a special use permit, zoning map amendment, zoning concept plan amendment, proffer amendment, zoning text amendment, zoning ordinance modification, or variance, and again prior to action by the planning commission, town council, or BZA of zoning appeals, the applicant shall complete and submit to the town an affirmation of disclosure form, affirming that the disclosure remains complete, or providing any changed or supplemental information. If there are no changes or supplemental information to provide, the applicant shall nonetheless complete the affirmation of disclosure confirming so.

(6)

The town council authorizes and directs town staff to prepare, maintain, and modify as needed an affidavit of disclosure of real parties in interest form and an affirmation of disclosure form.

(7)

The "disclosure" and the "affirmation of disclosure" forms shall not be altered or modified in any way by the applicant. Any form that is altered or modified in any way will not be accepted.

(8)

Each member of the planning commission, town council, and BZA of zoning appeals shall, prior to participating in a meeting concerning an application for which a disclosure is required, examine the disclosure and all affirmations of disclosure to determine whether he, or a member of his immediate family, has a relationship with any disclosed parties in interest. If such a relationship exists, the affected member of the public body shall seek a determination from the town attorney, or other person authorized under the Code of Virginia to render a conflict of interest opinion, concluding whether a conflict exists under the Virginia Conflict of Interest Act. If such a conflict is determined to exist, the affected member shall, at a minimum, take action to address the conflict as required under the Virginia Conflict of Interest Act. The affected member may voluntarily go beyond what is required under the Virginia Conflict of Interest Act and refrain from all participation in the matter.