The Ashburn Farm Board of Trustees, in order to protect the residential character of the community, believes it is necessary and appropriate to establish rules, which restrict the nature of home occupations that may be conducted within the community.  Those members who wish to take advantage of this policy must strictly comply with the following standards, as the overriding objective of this policy shall be to protect the residential character of the community at all times.

1. Any member who establishes a home occupation or service within a Lot or Living Unit must take all necessary and appropriate steps to preserve the residential character of the Lot and Living Unit in its external appearance and internal use.  

2. Any member who uses a Lot and Living Unit for a home occupation or service must use the Living unit as a primary place of residence. The use of a Lot or Living Unit for a home occupation must constitute a secondary use.  

3. The use of a Lot and Living Unit for a home occupation or service must not involve the regular or frequent use or presence of commercial vehicles within the community. 

4. The use of a Lot and Living Unit for a home occupation or service must not adversely affect the Association’s ability to obtain comprehensive general liability insurance. If the home occupation adversely affects the premium that the Association must pay for any of its insurance policies, the Board reserves the right to prohibit the home occupation from the Lot and Living Unit.  

5. The use of a Lot and Living Unit for a home occupation or service must not involve the employment of more than one person within the dwelling other than the dwelling’s legal occupants.  

6. The use of a Lot and Living Unit for a home occupation or service must not involve the provision of services to any more than 3 persons within the dwelling at any one time (except for child care services, as set forth below).  

7. The use of a Lot and Living Unit for a home occupation or service must not use any exterior advertisement or display of any kind to show that the member uses the Lot or Living Unit in any way other than for a residential dwelling.  

8. The use of a Lot and Living Unit for a home occupation or service must not involve the storage, use, or sale of goods, equipment or materials which are not customarily part of, or found within, a residential dwelling. 

9. The use of a Lot and Living Unit for a home occupation or service must not unreasonably disrupt the normal traffic or parking patterns anywhere within the community.

10. The use of a Lot and Living Unit for a home occupation or service must not unreasonably disturb the regular noise levels or the right of quiet enjoyment of any resident within the community.  

11. The use of a Lot and Living Unit for a home occupation or service must not be engaged in any activity which draws non-resident members to the community on a regular or frequent basis before the hours of 7:00 a.m. or after 6:00 p.m. on weekdays.  

12. If the primary service of the home occupation is the care or custody of children, the elderly, or the mentally disabled, the operator must ensure that the patrons will be safely and properly supervised and cared for at all times, particularly during the times of drop-off and pick-up and during any time when the patrons are outside the dwelling unit.  

13. If the home occupation or service provides for the care or custody of the children who are not children who currently reside in Ashburn Farm, then the operator of the home occupation is required to obtain general liability insurance with the Association named as a named insured and provide proof of such insurance to the Association.  

14. If the home occupation or service provides for the care and custody of children, the operator may provide care for no more than five (5) children who do not reside in the dwelling unit where the care is being provided. 

15. If the home occupation or service provides for the care and custody of children, the operator must register the business with the Loudoun County Department of Social Services.  If required, the operator must register the business with the Virginia Department of Social Services. The operator must comply with all of the standards and requirements set fourth by these Departments or Agencies.  

16. The use of a Lot and Living Unit for a home occupation or service must be lawful in all respects and must fully comply with all applicable federal, state, and county laws and ordinances.  In addition, the operator of the home occupation must obtain all applicable permits and licenses from the appropriate government agencies.

1. Members who wish to use a Lot and Living Unit for a home occupation or service must submit an application to the Architectural Review Board. Verbal requests will not be considered.  Teleworking does not constitute a home occupation for the purpose of the process.   Teleworking means working alone from a Lot and Living Unit using only telephones and computers. 

2. Members must ensure that the application contains precise detail concerning the proposed use of the Lot or Living Unit and why the application should be approved.  The application must include the following information: 

   • A description of the home occupation or service rendered.

   • The average number of vehicles or individuals expected to visit the Lot on a daily or weekly basis.

   • A description of each vehicle expected to be used for the home occupation and where they will be parked.

3. If the home occupation or service provides for the care or custody of children or other individuals, or if the home occupation is such that third parties are expected to visit the Lot on a regular basis, the Member must ensure that customers will use their single family home driveway or town home assigned parking when visiting, dropping off, or picking up individuals at the member’s Lot.  Members are responsible for instructing their third parties to drive safely and adhere to parking laws and regulations when in Ashburn Farm.

4. The application must include the signatures of the four (4) property owners who are most affected by the application because they are adjacent to or have a view of the applicant’s Lot.

5. The applicant may submit with the application any additional materials such as permits, licenses, exhibits, petitions, photographs, experts’ statements and the like that applicant deems appropriate.

6. Approval by the Association does not waive the necessity of obtaining the required governmental permits, licenses and insurance.

7. Obtaining governmental permits or licenses does not waive the need for Association approval.

8. The Association will not knowingly approve a home occupation or service, which is in violation of the local building or zoning codes. However, the Association has no affirmative responsibility to ensure that use of or changes to a home or lot are in compliance with local or state codes. Changes made to the homes exterior or the Lot requires approval for the exterior modification in accordance with Association’s Architectural Guidelines and policies.

1. Applications shall be submitted to the Architectural Review Board.

2. If it is determined that the activity of the home occupation is in compliance with the above-stated general standards and all other Association policies and guidelines, the application shall be considered on a case-by-case basis.

3. The Architectural Review Board shall attempt to act on the application and give written notice to the applicant within forty-five (45) days from receipt of a complete application, including all submissions required.

4. If the Architectural Review Board fails to make a decision within forty-five (45) days from receipt of a completed application and submissions, the request may be referred to the Ashburn Farm Board of Trustees at the written request of the applicant.

5. The responsibility for receiving applications and notifying applicants of the decisions may be delegated to the Association’s General Manager.  In such case, the review period shall commence upon the date of receipt of a complete application by the General Manager.

If the application is denied or approved with modifications, the reason(s) for denial or modifications shall be stated as part of the written decision. Notice of such decisions shall be sent to applicant by mail.

The applicant may request reconsideration of the application if new or additional information, which might clarify the request or demonstrate its acceptability, can be provided.  A request for reconsideration must be verbally communicated within forty-eight (48) hours of receiving the Architectural Review Board decision and applicant must follow up with a written request for reconsideration within five (5) days after the verbal request following a decision by the Architectural Review Board. Reconsideration will begin the application review process anew as if the original application had not been submitted.

If the application is denied again after reconsideration to the Architectural Review Board, the applicant may appeal the decision of the Architectural Review Board to the Board of Trustees, pursuant to the procedures for appeal set forth below.

The final decision of the ARB, if still unsatisfactory, can be appealed to the Board of Trustees.  To initiate the appeal procedure, a verbal request for an appeal must be made within forty-eight (48) hours of receiving the ARB decision.  A written request must follow within five (5) days. A suggested format is noted below.

(I)(We) hereby petition the Board of Trustees to hear an appeal of the decision of the Architectural Review Board (Application description, Section, Block, and Lot No.) (I)(We) further understand that within the Association the decision of the Board of Trustees on this issue is final.

The Ashburn Farm Board of Trustees may conduct a hearing on the appeal at its next regularly scheduled meeting.  The Board of Trustees must notify the applicant in writing of the Board’s decision.  The Board may sustain, modify or reverse a decision of the Architectural Review Board.

Application Requirements:

• In-Home Business Application filled out in its entirety and submitted to the ARB.  |Application Form|