Board of Zoning Appeals

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 seven 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 is authorized to 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.

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.