Leesburg

Applicants or other persons aggrieved by the Planning Commission's decision may appeal the decision to the Town Council by filing a notice of appeal with the Zoning Administrator. Such appeals must be filed within ten (10) days of the date of the Planning Commission's action on the Commission Permit.

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

Upon receipt of an application, the Land Development Official shall acknowledge acceptance or rejection of the application in writing within ten (10) business days from the date of submittal.

Twenty (20) copies, or other number as determined by the Land Development Official, of a concept plan, drawn to a minimum scale of 1 inch = 100 feet containing the following information: 1. Boundaries of the entire property; 2. Total area of the property in square feet and acres; 3. Location of all existing and proposed structures (including but not limited to lighting, signs and buildings); 4. Location and distance of all off-site structures within fifty (50) feet of the property (including but not limited to lighting, signs and buildings); 5. All required minimum yards and the distances of all existing and proposed structures to the lot lines; 6. Public right(s)-of-way, indicating names, route numbers, and width; 7. Proposed means of ingress and egress to the property from a public street; 8. Where applicable, parking spaces, emergency access, fencing, limits of clearing, landscaping and screening, outside lighting, loudspeakers and required and/or proposed improvements to public right(s)-of-way; 9. Existing zoning designation and use of subject and adjacent properties; 10. Site location map; 11. All submittal documents shall be submitted in a format to be specified by the Town; and 12. All plans shall be submitted in a digital format specified by the Town.

Following the close of the public hearing, and within sixty (60) days of acceptance of a complete application, the Planning Commission shall forward its finding to the Town Council, indicating their (Planning Commission) approval or disapproval of the proposed project, along with written reasons for its decision. Failure of the Planning Commission to take action within the required 60-day period shall be deemed approval of the project, unless the Town Council grants an extension of the timeframe.

In acting to consider an appeal or overrule the Planning Commission's decision, the Town Council shall consider the proposed application as a new matter (de novo) and shall have 60 days from the date of the filing of the appeal to render a decision.

The burden of proof shall be on the applicant to prove by a preponderance of the evidence that the application meets the standards for a variance, as required, pursuant to §3.13.9 (Approval Criteria). The applicant shall be required to demonstrate that the granting of a variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant.

The Board of Zoning Appeals shall have no authority to grant "use variances" or to otherwise approve the location of land uses in zoning districts in which such uses are not allowed under this Zoning Ordinance.

In granting variances, the Board of Zoning Appeals may impose such additional conditions and safeguards upon the character, location and other features of the proposed structure or use as the Board of Zoning Appeals deems necessary for the protection of the general welfare and individual property rights, and to ensure compliance with the intent and objectives of this Zoning Ordinance.

If a variance is denied by the Board of Zoning Appeals on its merits, no application requesting the same relief with respect to all, or part of the same property shall be considered by the Board of Zoning Appeals within twelve (12) months after the date of such denial.

Any person aggrieved by the approval or denial of a variance by the Board of Zoning Appeals may appeal said decision to the Circuit Court within thirty (30) days from the date of the Board's decision.

Variances (as defined in Section 15.2-2201 of the 1950 Code of Virginia, as amended) from the regulations and restrictions contained in this Zoning Ordinance, may be granted only for the following: A. A variance from the provisions regulating the shape, size or area of a lot; or B. A variance from the provisions regulating the size, height, area, bulk, setback, open space, yards, or location of a building or structure.

The Board of Zoning Appeals shall not be empowered to grant a variance from any of the provisions of this Zoning Ordinance relating to the use or density of land, buildings or structures, including Floor Area Ratios, nor shall the Board of Zoning Appeals grant a variance for any use or activity within any floodplain area if any increase in the hundred (100) year flood elevations would result.

Upon receipt of an application, the Zoning Administrator shall acknowledge acceptance or rejection of the application within five (5) business days from the date of submission.

The Board of Zoning Appeals shall hold a public hearing on a proposed variance, within ninety (90) days of the date of acceptance of a complete application.

The Board of Zoning Appeals shall take action to approve, approve with conditions or deny the variance within thirty (30) days of the close of its required public hearing.

Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or 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.

The Board of Zoning Appeals shall be authorized to hear and decide appeals where it is alleged there is an error in any decision of the Zoning Administrator or any order, requirement, decision or determination made by an administrative official in the administration or enforcement of this Zoning Ordinance.

Appeals shall be filed within 30 days of the date of the decision being appealed if the decision was in writing and contained a statement that the recipient has a right to appeal the decision to the Board of Zoning Appeals per Sec. 15.2-2311 of the Code of Virginia, 1950, as amended.

Upon receipt of an application, the Zoning Administrator shall accept or reject the application within five (5) business days of the date of submission.