CPHD
Variances
A Variance is a request to vary certain requirements of the Zoning Ordinance where, due to special conditions of the property, strict enforcement of the Zoning Ordinance would, among other standards, effectively prohibit or unreasonably restrict all reasonable beneficial use of the property. Such requests usually are related to a request to permit construction of a structure closer to a lot line than allowed by the Zoning Ordinance.
The Board of Zoning Appeals (BZA) has the authority to hear variances pursuant to Title 15.2-2309 of the Code of Virginia. Variance requests, as well as use permits and appeals are acted upon at a public hearing scheduled each month, except January. In order to approve a Variance the Board of Zoning Appeals must make the following findings:
That there is a undue hardship related to the exceptional narrowness, shallowness, size, or shape of the lot or exceptional topographic condition or other extraordinary situation or condition of the lot or development of property immediately adjacent to the property, and such hardship must be of such severity that all reasonable beneficial use of the lot would be taken if a Variance is not granted.
That such undue hardship is not shared generally by other properties in the same zoning district and vicinity and is of such recurring nature as to make reasonably practicable the formulation of a general regulation to be adopted by the County Board as an amendment to the Zoning Ordinance.
That approval of a variance would not be of substantial detriment to adjacent properties or change the character of the neighborhood.
Because a variance may only be approved if the BZA can make all of the three very restrictive findings, consideration should be given as to whether a proposed structure could be placed in another location or designed to alleviate the need for a variance. A variance request should be considered only as a last resort to be used after all design alternatives have been considered and there is no alternative solution.
If the BZA can make such findings, it may approve a variance as requested, or in part. The BZA may impose conditions that it deems appropriate.
If approved the variance must be put into effect within one year of the date of the approval, or it shall be null and void.
