State Code requires that all variance petitions heard by the Board of Zoning Appeals meet the public hearing requirements, which include mailings to adjacent property owners and a legal advertisement in a newspaper of general circulation. The adjacent property owners are notified by mail of the date, time and location of these hearings. The notice for the newspaper must be placed in advance of the hearing to give those interested an opportunity to speak at the hearing. Because of this, ample time must be given between the submission of the application and the actual hearing. A typical variance application will take about one month, from the submission of the application to the public hearing. Below is a summary of application process. The Planning Staff is available to assist citizens with the application process.
The property owner or contract purchaser sets up a meeting with a staff member of the Planning Division. At this meeting, the staff member can explain what is required in the application, explain further the process, and answer any questions the petitioner may have.
After the initial meeting, the petitioner submits the variance application. The application must be completed and signed by the property owner, contract purchaser or owner's agent. Additionally, the following items must be submitted with the application:
- A concept plan for the proposed project and the concept plan checklist;
- List of adjoining property owners, including the owners' names and addresses (mailing address including zip code) and tax map numbers of all adjoining properties and those directly across any public right-of-way must accompany the application, including those in other jurisdictions;
- Application fee.
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Between the time of the submission of the application and the public hearing with the Board of Zoning Appeals, the petitioner is required to post notices on his or her property regarding the hearing. A staff member will provide the signs at the time the application is submitted. Additionally, notices of the hearing mailed to the adjacent property owners, and submittal of a legal ad to a newspaper of general circulation, are required by state code. The petitioner will be billed for the cost of the legal advertisements
At the evening of the public hearing with the Board of Zoning Appeals, either the petitioner or his or her representative are expected to give a brief presentation to the Board and answer any questions the Board members have. The Board usually makes its decision on the evening of this public hearing, but has 90 days by law to make its recommendation. The decision is made in the form of a "Findings of Fact".
To legally grant a variance, the BZA must be presented evidence and make a finding that:
- The property owner acquired the property in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of the property at the time of the adoption of this ordinance, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the property, the strict application of this ordinance would effectively prohibit, or unreasonably restrict the use of the property, or;
- Due to the condition, situation, or development of immediately adjacent property, the strict application of this ordinance would effectively prohibit, or unreasonably restrict the use of the property, or;
- That the granting of the variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant.
If the Board's decision is to deny the variance, the petitioner may appeal the decision to the Circuit Court within 30 days. For further information, please contact John Murphy at (540) 772-2065 x.225.
To download a variance application, please click Variance Application.
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