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- Applicant submits application, a
letter of intent, plat of property, and fees to Zoning Administrator.
(Refer to Article 20, Section 3-462, (B) (1) for Definition of Variance.
- Zoning Administrator determines of all submission requirements
have been met. Advise applicant within 30 days if additional material
needs to be submitted.
- Zoning Administrator notifies applicant that application
has been received and is being processed. Zoning Administrator prepares
analyses for Board of Zoning Appeals (BZA).
- Board of Zoning Appeals holds public hearing and reviews
application. The Board of Zoning Appeals shall make no decision on any
variance until it has conducted a public hearing thereon after giving
public notice as required by the provision of Section 15.2-2204 and
15.2-2205 of the Code of Virginia (1950), as amended, which provisions
shall be incorporated into the rules of the BZA. The public hearing
must be heard within sixty (60) days of the date such application was
made.
- The Zoning Administrator shall also transmit copies of
all variances to the Planning Commission, which may send a recommendation
to the BZA or appear as a party at the hearing.
- In the event an application for a variance is denied
by the BZA, substantially, the same application will not be considered
by the BZA within six (6) months of the date the application is denied.
- A variance grated by the BZA shall lapse and be of no effect if, after the expiration of one (1) year from the date of such action by the BZA, no construction or charge in use pursuant to such variance has take place; provided that the BZA may, for good cause shown, specify a longer period of time in conjunction with its action to grant a variance.
Virginia Code section 15.2-2201 defines a variance as “a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done. It shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning.”
Land Development Application — This form is in Acrobat (pdf) format. If you do not have a copy of Adobe’s Acrobat Reader currently installed on your computer, click here to install it.
