B-6. - ZONING VARIANCE OR APPEALS APPLICATIONS.
An application to the Board of Zoning Appeals for a variance, or for an appeal from a determination of an administrative official, filed pursuant to Section 31-309 of this Ordinance and Code of Virginia, §§ 15.2-2309 to 15.2-2312, shall include the following information:
(a)
The name and address of the Applicant.
(b)
The application number, and a copy of any underlying Application for Development approval from which an action subject to the variance or appeal has arisen.
(c)
A Plot Plan.
(d)
In the case of an appeal:
(1)
A statement of the specific provisions of this Ordinance, with citations to the Article and Section numbers, that the applicant believes were misinterpreted or misapplied by the administrative official or agency.
(2)
A statement of the reasons why the interpretation or action of the administrative official or decisionmaker was in error, with specific citations to any relevant statutes, Ordinances, or case law.
(3)
Any other errors of law which the applicant feels were misconstrued or misapplied by the agency or official.
(e)
In the case of a variance:
(1)
A statement of the specific provisions of this Ordinance, with citations to the Article and Section numbers, which the applicant is seeking to vary.
(2)
Any evidence of undue hardship required by law, including financial loss, the market value of the property resulting from the regulations proposed to be varied, and any additional factors required by state or federal law. Mere evidence of financial loss shall not be considered sufficient grounds to authorize a variance.
(3)
Any evidence that shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability, and (i) the property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; (ii) the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; (iii) 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 the ordinance; (iv) the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and (v) the relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to Code of Virginia, subdivision 6 of § 15.2-2309 or the process for modification of a zoning ordinance pursuant to Code of Virginia, subdivision A4 of § 15.2-2286 at the time of the filing of the variance application. Any variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disability Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a reasonable modification is made and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disability Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted, unless a variance from the Board of Zoning Appeals is required in order for such request to be granted.
(Ord. No. 15-O-068, 6-17-2015; Ord. No. 18-O-092, § 2(Exh. B), 8-15-2018
(Ord. No. 15-O-068, 6-17-2015; Ord. No. 18-O-092, § 2(Exh. B), 8-15-2018