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Public Notice Requirements
To ensure that a required public hearing before the Loudoun County Board of Supervisors, Planning Commission or the Board of Zoning Appeals is conducted in accordance with applicable notice provisions of the Zoning Ordinance, the applicant is responsible for completing the following items relating to notification:
Placard Notice
The property which is the subject of the application must be posted by the applicant using the placards provided by the county. The posting must occur at least 21 calendar days prior to each public hearing. The placards must be affixed to a pole, post, fence or other structure to be clearly visible from each public road abutting the property. If no public roads abut the property, then the placards must be posted so as to be clearly visible from at least two abutting properties and at the access points to the property.
Deferral
If an item is not heard at the time for which it was noticed but is deferred at that time to another date, all notice required must be given of the deferred public hearing.
Recessed Public Hearings
If a public hearing is begun but the agenda not completed, causing the meeting to be recessed, no additional notice is required as long as the date for completion of the public hearing agenda is announced at the public hearing which has been recessed.
Maintenance and Removal of Placards
The applicant must maintain all placards up to the time of the public hearing and must remove all posted placards no later than 15 calendar days after the public hearing has been closed.
Penalties
It is unlawful for any person to destroy, deface or remove such placard notice. Any person taking such action will be subject to the penalties as set forth in the Zoning Ordinance.
Written Notice
Notice must conform in all respects with the applicable requirements of the Code of Virginia Chapter 22, Planning, Subdivision of Land and Zoning, Title 15.2 Counties, Cities and Towns.
Landowner Initiated Cases
In any case involving a zoning map amendment, special exception, appeal or variance which is initiated at the request of a landowner, the landowner is responsible for sending any written notice required by the Zoning Ordinance.
Changes to the zoning map classification of any parcel, or any change to the applicable Zoning Ordinance text regulations that decreases the allowed dwelling unit density of any parcel, have specific written notice requirements under Code of Virginia §§ 15.2-2204 and 15.2-2285.
Note: Applicants are advised to consult with the Zoning Administrator to determine the correct notification requirements for applications in the Route 28 Tax District that are subject to the 1972 Loudoun County Zoning Ordinance.
Certification of Notice Requirements
At least five days prior to the public hearing, the applicant must file an affidavit certifying compliance with the noticing requirements of the Zoning Ordinance. The affidavit must include a list of names of those to whom written notice was sent. A counterpart of such affidavit must be presented at the beginning of the public hearing on the application for which such notice was provided.
Loudoun County Zoning Ordinance Sample Forms
Posting of Property
At least 15 days in advance of the meeting, posters are to be erected on the property proposed to be rezoned. The signs are to be erected by the applicant within 10 feet of whatever boundary line of such land abuts a public road and are to be placed as to be clearly visible from the road with the bottom of the sign not less than two and one-half feet above the ground.
“Such signs shall be kept in proper position, clean, and legible at all times. Damaged signs shall be replaced immediately. Special care shall be taken to see that weeds, shrubbery, construction materials, and snow are not allowed to obscure the face of any sign.”
If more than one such road abuts the property, then a sign is to be erected in the same manner as above for each such land abutting a road. If no public road abuts the property, the signs are to be erected in the same manner as above on at least two boundaries of the property abutting land not owned by the applicant.
Notification of Adjoining Landowners
The applicant is requited to notify the owners of all abutting property and properties immediately across a street or road from the property affected. This written notice must be given at least five days before the hearing and sent by registered or certified mail.
Note: Include a copy of the vicinity map with the letters to the adjacent property owners.
Affidavit of Notification
The applicant will certify in writing that notice was given according to the above information before a public hearing may be held on the application, and such certification will set forth the persons receiving said notice.
1972 Zoning Ordinance Sample Forms
Additional Information
For more information, contact the Department of Planning and Zoning at 703-777-0246.