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Leesburg staff briefs BZA on statutory powers and limits after Oak Lawn question

October 21, 2025 | Leesburg, Loudoun County, Virginia


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Leesburg staff briefs BZA on statutory powers and limits after Oak Lawn question
Town planning staff delivered a short briefing to the Leesburg Board of Zoning Appeals on Oct. 21 outlining the board’s statutory powers and limits under state law and the town zoning ordinance, following a board member inquiry about authority to examine a separate Oak Lawn matter.

"Powers and duties of the BZA," staff member Michael Watkins said as he introduced the topic, citing the enabling statute in the Code of Virginia (Va. Code § 15.2‑2309) and the town’s zoning ordinance. Watkins told board members the BZA’s duties commonly include hearing appeals of administrative decisions, granting variances and interpreting zoning maps; he also noted the board may impose conditions or require guarantees to ensure compliance.

Watkins explained that some jurisdictions delegate additional authority to their BZAs, such as hearing special exceptions (special use permits), but that in Leesburg the town council has retained that legislative authority. "They've retained that, so they've not delegated that authority to the board of zoning appeals," Watkins said.

A member disclosed a personal connection to an Oak Lawn project and asked whether the board had authority to pursue legal or investigatory actions; staff clarified that the BZA’s role is quasi‑judicial—deciding appeals, variances and interpretations based on facts and the ordinance—and that matters such as rezoning and special exceptions are legislative functions reserved to the council. The board discussed the difference between the BZA’s quasi‑judicial proceedings (including sworn testimony) and council’s legislative discretion.

Watkins also reviewed procedural points: appeals of administrative determinations are time‑limited; variances require findings that the strict application of the ordinance would unreasonably restrict use; and interpretation of zoning‑map discrepancies falls within the board’s remit in appropriate cases. He closed the briefing by inviting questions and said staff would answer follow‑ups as needed.

Ending: Board members thanked staff for the concise overview and raised no immediate requests to expand BZA authorities; the presentation was entered as informational and no formal action was taken.

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