Neighborhood Services Department - Board of Zoning Appeals

Board of Zoning Appeals (BZA) Bulletin

For further information, please contact the Zoning Administration by phone at (757) 382-8454, or by email at neighborserv@cityofchesapeake.net.

What is the Board of Zoning Appeals?

The Board of Zoning Appeals is a 5-member quasi-judicial body appointed by the Circuit Court charged with a specific limited mission as defined under Section 15.2-2309 of the Code of Virginia, 1950, as amended.  The Board by hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of those items covered under Article 7 of Title 15.2 of the Code of Virginia. In addition to this review authority, the Board may grant certain variances from the requirements of the Chesapeake Zoning Ordinance, provided a hardship, as narrowly defined under Section 15.2-2201 of the Code of Virginia, is clearly evident.

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.

What is a “variance”?

A variance is a relaxation of the zoning ordinance standards relating to the required dimensions, distances to property lines or characteristics of land and structures, including the size, area, bulk or location of buildings or structures. There are instances where a property may qualify for the granting of a variance by the Board of Zoning Appeals. However, the circumstances under Virginia law for the granting of variances by the Board are very specific.

To be granted a variance by the Board the applicant for a variance must meet all the following requirements:

• That the property was acquired by the applicant in good faith.

• That due to the particular physical surroundings, size, shape, topographical condition or other extraordinary situation or condition of the specific property involved or of the condition, situation or development of property immediately adjacent thereto the strict application of the terms of this ordinance would effectively prohibit or unreasonably restrict the utilization of the property; or where the strict application of the terms of this ordinance would constitute a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or mere inconvenience.

• That the strict application of the ordinance would produce undue hardship. Economic hardship alone cannot be the grounds for the granting of a variance.

• That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.

• That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the zoning district will not be changed by the granting of the variance.

• That the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this ordinance.

For example, an applicant for a building permit is planning an addition to the rear of the existing one-story residence that falls below the minimum setbacks (distances to property lines), but  otherwise could comply with the zoning ordinance by re-locating the addition, reducing the size of the addition, or building a 2nd story. The applicant would not qualify for a variance as the applicant already is using the property as a dwelling and has other alternatives, so the “hardship” is not a true hardship approaching confiscation of the property but rather an inconvenience. The setbacks imposed upon the applicant are shared throughout the area and the zoning district, and the granting of a variance in this case by the Board has the potential of changing the “character” of the zoning district.

In another example, a property owner wants to build a new dwelling on a lot that is of comparable size and area to surrounding dwellings but cannot meet the required setbacks because of any number of topographical restrictions including but not limited to utility easements, location of a septic field, etc. In this case the Board, based upon the evidence supplied by the applicant for a variance, may be able to grant a variance in order to place the dwelling on the property because to not do so would effectively prohibit the use of the land as zoned for a residence.

What is an “appeal”?

The Board of Zoning Appeals is also authorized under Virginia law to hear appeals from any order, requirement, decision or determination made by the zoning administrator or designee in the interpretation, administration or enforcement of the zoning ordinance. In this capacity, the Board’s task is to determine whether the zoning administrator was correct in the interpretation and application of this ordinance. In doing so, the board considers the purpose, intent and meaning of the ordinances, laws and regulations in question. The decision of the zoning administrator is presumed to be correct, with the burden being upon the applicant to demonstrate error. Any decision of the board shall be supported by findings of fact and a conclusion that the decision of the zoning administrator was: (1) correct in the interpretation and application of the zoning ordinance; (2) plainly wrong in the interpretation of the zoning ordinance; or (3) plainly wrong in the application of the zoning ordinance to the particular facts presented. The board in this case may, in conformity with the provisions of the zoning ordinance, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from.

How do I apply for a variance or an appeal?

Variance and appeal applications use the same form and can be downloaded (in pdf format) here.  Instructions, filing fees and general information are included in the form. If you have any questions, please call the Board of Zoning Appeals Secretary at (757) 382-6466 or 382-8454.

Resources:

Board of Zoning Appeals Application Package

Board of Zoning Appeals Current Agenda

Board of Zoning Appeals Past Agendas (Marked)

Board of Zoning Appeals Schedule & Deadlines

Board of Zoning Appeals Membership Roster

City of Chesapeake Zoning Ordinances