Public Notice Requirements
To ensure that a required public hearing before the Planning Commission is conducted in accordance with applicable provisions of the Loudoun County Zoning Ordinances, the applicant is responsible for completing items relating to disclosures, property posting, notification of proper parties, and certification of notice.
- Revised 1993 Zoning Ordinance (See details below.)
- 1993 Zoning Ordinance (applications prior to January 7, 2003) (PDF)
- 1972 Zoning Ordinance (applications prior to June 16, 1993) (PDF)
Landowners in Loudoun County who seek to amend existing proffers previously approved as part of a rezoning are subject to a notice requirement adopted by the Virginia General Assembly effective July 1, 2012. (See details below)
Notification & Certification of Notice
Pursuant to the 1993 Revised Zoning Ordinance, Section 6-600, each public hearing involving planning and zoning matters before the Planning Commission requires notice to include posting property and maintaining placards, notice of proper parties, and certification (affidavit) of notice. Public hearing notices must be mailed to the relevant parties, as described.
Adjacent Property Owners
- Written notice of the public hearing shall be sent to the owner or owners, or their agent, of each parcel involved and to the owners of all abutting property and all property immediately and diagonally across the street or road from the subject property.
- Such notice must be mailed at least 5 days before the public hearing. Such notice shall be sent to the last known address of the owner as shown on the county’s current real estate tax assessments records Opens a New Window. . A copy of the vicinity map with the letters should be included.
- Sample Letter to Adjacent Property Owners (PDF) Opens a New Window.
Homeowners Associations (HOAs)
- If any portion of the subject property is within a planned development district, then written notice of the public hearing shall also be given to the incorporated property owners’ association existing within the planned development district that has members owning property within 2,000 feet of the subject property.
- Such notice must be mailed at least 5 days before the public hearing. Notice shall be sent to the last known address of the registered agent as listed by the State Corporation Commission Opens a New Window. . A copy of the vicinity map with the letters should be included.
- Sample Letter to Homeowners Associations (PDF) Opens a New Window.
- For a zoning map amendment or special exception application, notice of application will be given to adjoining counties or municipalities inside the Commonwealth and within one-half mile of the subject property.
- Such notice must be mailed at least 5 days before the public hearing. A copy of the vicinity map with the letters should be included.
- List of Neighboring Jurisdictions and Contacts for Loudoun County (PDF) Opens a New Window. Opens a New Window.
- Sample Letter to Neighboring Jurisdictions (PDF) Opens a New Window.
Certification of Notice
- At least 5 calendar days prior to the public hearing, an affidavit prepared by the applicant or their representative providing notice, shall be filed with the Director of Planning and Zoning certifying that notices have been sent as required.
- Such affidavit shall include a list of the parties to whom the notice was sent. A counterpart of such affidavit shall be presented at the beginning of the public hearing on the application.
- Sample Affidavit (PDF) Opens a New Window.
For more information, contact the Department of Planning and Zoning Opens a New Window. at 703-777-0246.
The Planning Commission agenda, whether for a public hearing or work session, is subject to change. It is possible agenda items can be withdrawn or postponed up to and including the day of the public hearing or work session. If an item is deferred from a Planning Commission public hearing, the subject property must be re-advertised for a new public hearing date.
The applicant is responsible for re-posting the property, re-notifying proper parties, certifying the notice and submitting a new Reaffirmation of Affidavit Opens a New Window. for the new public hearing.
For more information, contact the Department of Planning and Zoning at 703-777-0246.
Disclosures of Real Parties in Interest & Reaffirmation
Pursuant to the 1993 Revised Zoning Ordinance , Section 6-403(A), with each application for Zoning Map Amendment, Zoning Concept Plan Amendment, Zoning Ordinance Modification, Special Exception or Variance, a completed Disclosure of Real Parties In Interest Affidavit("Disclosure") disclosing the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the names and addresses of all of the real parties of interest, is to be submitted. Publicly traded corporations with more than 500 shareholders are not required to list the names of shareholders, directors or officers. In the case of condominium ownership, disclosure is required only for an owner, lessee or contract purchaser of more than 10% of the units.
Prior to a public hearing, the Disclosure must be reaffirmed ("Reaffirmation") in accordance with the reaffirmation procedures. The "Disclosure" and "Reaffirmation" forms shall not be altered or modified in any way. Any form that is altered or modified in any way will not be accepted.
Instructions for completing and submitting the Disclosures of Real Parties in Interest and the Reaffirmation are included in each form.
Public Notice Requirements for Legislative Proffer Amendments
Landowners in Loudoun County who seek to amend existing proffers previously approved as part of a rezoning are subject to a notice requirement adopted by the Virginia General Assembly effective July 1, 2012.
- A proffer or proffered condition is a voluntary commitment given in writing by a landowner to minimize the impact of the rezoning.
- Under the new amendment to the Code of Virginia (Section 15.2-2302.A) landowners subject to conditions proffered as part of an approved rezoning and who apply to the Board of Supervisors for amendments of the proffered conditions must provide written notice of the application to any landowner subject to the existing proffered conditions.
- Notice must be provided within 10 days of the county’s acceptance of the application for review.
This notice requirement applies to any proposed legislative applications that involve amendments to existing proffers. For large planned communities in Loudoun County, this may require written notice to a large number of homeowners or other owners of properties that have been subdivided and developed in the community subsequent to the rezoning.
- Sample Letter for Proffered Condition Notification (PDF)
- Sample Affidavit for Proffered Condition Notification (PDF)
For additional information contact the Department of Planning and Zoning or call 703-777-0246
Posting Property for Public Hearings
Pursuant to the 1993 Revised Zoning Ordinance, Section 6 to 600, each public hearing involving planning and zoning matters before the Planning Commission, Board of Supervisors or Board of Zoning Appeals requires notice to include posting property, maintaining placards, notification of proper parties, and certification (affidavit) of notice.
Placard Notice (Posting of Property)
The applicant shall post the subject property using the placards provided by the county.
- The posting shall occur at least 21 days and no more than 30 calendar days prior to the public hearing.
- The placard(s) shall be affixed to a pole, post, fence, or other structure to be clearly visible from each public road abutting the property.
- If no public roads abut the property, then the placard(s) shall be posted to be clearly visible from at least two abutting properties and at the access point(s) to said property.
- The applicant shall maintain all placards up to the time of the hearing and shall remove all posted placards no later than 15 calendar days after the public hearing has been closed.
For more information, or if more placards are needed, contact the Department of Planning and Zoning Opens a New Window. at 703-777-0246.