Board of Zoning Appeals

Phone: 757-382-6466	Fax: 757-382-8448
Email: develop-permits@cityofchesapeake.net
Address: 306 Cedar Road, 2nd Floor, Chesapeake, VA 23322

In general, the Zoning Appeals Board has the powers and duties to hear and then act upon appeals made by citizens for a variance of, or exception to, the zoning laws or decisions made by an Administrative Officer concerning the enforcement of zoning laws. (Circuit Court Judges)

What is the Board of Zoning Appeals?

The Board of Zoning Appeals is a semi-judicial body established by State law and City Code to provide relief in special circumstances where the exact appliction of the terms of the Ordinance would be unduly restrictive and cause a demonstrated hardship. Without this body to decide on such matters, solutions to unique development problems would have to be accomplished by numerous detailed amendments to the Ordinance or through a lawsuit. Therefore, the function of the Board of Zoning Appeals (BZA) is to hear and decide upon the interpretation and the application of the provisions of the Zoning Ordinance in these cases.

Although the BZA has certain discretionary powers in making decisions, these powers have definite limits. The BZA must always abide by the comply with the powers granted to it by the Zoning Ordinance and the State enabling act.

Why do Boards of Zoning Appeals Exist?

A Zoning Ordinance cannot provide for all conceivable situations to which it must apply. Provisions must be made to balance the strict application of the ordinance with the purposes and intent established by the ordinance. The primary function of the BZA is to vary the specific terms of the zoning ordinance so that practical development problems of the community may be met within the provisions of the ordinance. In effect the board acts as a "safety valve." Without this body to decide on such matters, solutions to these development problems would have to be accomplished by amendment of the ordinance or through a lawsuit.

What are the specific powers of the Board of Zoning Appeals?

To hear and decide appeals from the decisions or determinations of the zoning administrator in the administration or enforcement of the zoning ordinance.
To authorize variances, from the strict application of the terms of the zoning ordinance.
To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary.