{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2309.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2309.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2309.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2309.html"}],"law_id":55804,"edition_id":1,"section_id":55804,"structure_id":12775,"section_number":"15.2-2309","catch_line":"Powers and duties of boards of zoning appeals","history":"Code 1950, \u00a7\u00a7 15-831, 15-850, 15-968.9; 1950, p. 176; 1962, c. 407, \u00a7 15.1-495; 1964, c. 535; 1972, c. 695; 1975, cc. 521, 641; 1987, c. 8; 1991, c. 513; 1996, c. 555; 1997, c.; 2000, c. 1050; 2002, c. 546; 2003, c. 403; 2006, c. 264; 2008, c. 318; 2009, c. 206; 2015, c. 597; 2018, c. 757; 2025, c. 512.","full_text":"Boards of zoning appeals shall have the following powers and duties:\n\n1\n\nTo hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this article or of any ordinance adopted pursuant thereto. The decision on such appeal shall be based on the board’s judgment of whether the administrative officer was correct. The determination of the administrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. Altering the order of evidence is a reversible error only if the appellant lodges an objection citing this section and the board subsequently refuses to reorder the hearing. The board shall consider any applicable ordinances, laws, and regulations in making its decision. For purposes of this section, determination means any order, requirement, decision, or determination made by an administrative officer. Any appeal of a determination to the board shall be in compliance with this section, notwithstanding any other provision of law, general or special.2\n\nNotwithstanding any other provision of law, general or special, to grant upon appeal or original application in specific cases a variance as defined in § 15.2-2201, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in § 15.2-2201 and the criteria set out in this section.\n\t\t\tNotwithstanding any other provision of law, general or special, a variance shall be granted if the evidence 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 subdivision 6 of § 15.2-2309 or the process for modification of a zoning ordinance pursuant to subdivision A 4 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 Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a reasonable modification is made to a locality and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted by the locality unless a variance from the board of zoning appeals under this section is required in order for such request to be granted.\n\t\t\tNo variance shall be considered except after notice and hearing as required by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.\n\t\t\tIn granting a variance, the board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law, general or special, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.3\n\nTo hear and decide appeals from the decision of the zoning administrator after notice and hearing as provided by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.4\n\nTo hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by the question, and after public hearing with notice as required by § 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance.5\n\nNo provision of this section shall be construed as granting any board the power to rezone property or to base board decisions on the merits of the purpose and intent of local ordinances duly adopted by the governing body.6\n\nTo hear and decide applications for special exceptions as may be authorized in the ordinance. The board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.\n\t\t\tNo special exception may be granted except after notice and hearing as provided by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.7\n\nTo revoke a special exception previously granted by the board of zoning appeals if the board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. If a governing body reserves unto itself the right to issue special exceptions pursuant to § 15.2-2286, and, if the governing body determines that there has not been compliance with the terms and conditions of the permit, then it may also revoke special exceptions in the manner provided by this subdivision.8\n\nThe board by resolution may fix a schedule of regular meetings, and may also fix the day or days to which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting in accordance with § 15.2-2312 shall be conducted at the continued meeting and no further advertisement is required.","order_by":null,"text":{"0":{"id":204418,"text":"Boards of zoning appeals shall have the following powers and duties:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":204419,"text":"To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this article or of any ordinance adopted pursuant thereto. The decision on such appeal shall be based on the board’s judgment of whether the administrative officer was correct. The determination of the administrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. Altering the order of evidence is a reversible error only if the appellant lodges an objection citing this section and the board subsequently refuses to reorder the hearing. The board shall consider any applicable ordinances, laws, and regulations in making its decision. For purposes of this section, determination means any order, requirement, decision, or determination made by an administrative officer. Any appeal of a determination to the board shall be in compliance with this section, notwithstanding any other provision of law, general or special.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":204420,"text":"Notwithstanding any other provision of law, general or special, to grant upon appeal or original application in specific cases a variance as defined in § 15.2-2201, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in § 15.2-2201 and the criteria set out in this section.\n\t\t\tNotwithstanding any other provision of law, general or special, a variance shall be granted if the evidence 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 subdivision 6 of § 15.2-2309 or the process for modification of a zoning ordinance pursuant to subdivision A 4 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 Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a reasonable modification is made to a locality and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted by the locality unless a variance from the board of zoning appeals under this section is required in order for such request to be granted.\n\t\t\tNo variance shall be considered except after notice and hearing as required by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.\n\t\t\tIn granting a variance, the board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law, general or special, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":204421,"text":"To hear and decide appeals from the decision of the zoning administrator after notice and hearing as provided by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":204422,"text":"To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by the question, and after public hearing with notice as required by § 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":204423,"text":"No provision of this section shall be construed as granting any board the power to rezone property or to base board decisions on the merits of the purpose and intent of local ordinances duly adopted by the governing body.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":204424,"text":"To hear and decide applications for special exceptions as may be authorized in the ordinance. The board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.\n\t\t\tNo special exception may be granted except after notice and hearing as provided by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":204425,"text":"To revoke a special exception previously granted by the board of zoning appeals if the board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. If a governing body reserves unto itself the right to issue special exceptions pursuant to § 15.2-2286, and, if the governing body determines that there has not been compliance with the terms and conditions of the permit, then it may also revoke special exceptions in the manner provided by this subdivision.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":204426,"text":"The board by resolution may fix a schedule of regular meetings, and may also fix the day or days to which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting in accordance with § 15.2-2312 shall be conducted at the continued meeting and no further advertisement is required.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":12775,"edition_id":1,"name":"Zoning","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":155213,"object_type":"structure","relational_id":12775,"identifier":"7","token":"15.2\/II\/22\/7","url":"\/15.2\/II\/22\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56618,"structure_id":12775,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","url":"\/15.2-2280\/","token":"15.2\/II\/22\/7\/15.2-2280","metadata":false},{"id":56632,"structure_id":12775,"section_number":"15.2-2281","catch_line":"Jurisdiction of localities","url":"\/15.2-2281\/","token":"15.2\/II\/22\/7\/15.2-2281","metadata":false},{"id":72266,"structure_id":12775,"section_number":"15.2-2282","catch_line":"Regulations to be uniform","url":"\/15.2-2282\/","token":"15.2\/II\/22\/7\/15.2-2282","metadata":false},{"id":73825,"structure_id":12775,"section_number":"15.2-2283","catch_line":"Purpose of zoning ordinances","url":"\/15.2-2283\/","token":"15.2\/II\/22\/7\/15.2-2283","metadata":false},{"id":70348,"structure_id":12775,"section_number":"15.2-2283.1","catch_line":"Prohibition of sexual offender treatment office in residentially zoned subdivision","url":"\/15.2-2283.1\/","token":"15.2\/II\/22\/7\/15.2-2283.1","metadata":false},{"id":55641,"structure_id":12775,"section_number":"15.2-2284","catch_line":"Matters to be considered in drawing and applying zoning ordinances and districts","url":"\/15.2-2284\/","token":"15.2\/II\/22\/7\/15.2-2284","metadata":false},{"id":62867,"structure_id":12775,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; 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The record of this law\u2019s original creation isn\u2019t available online. It has been modified 16 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 407; in 1964, chapter 535; in 1972, chapter 695; in 1975, chapters 521 and 641; in 1987, chapter 8; in 1991, chapter 513; in 1996, chapter 555<\/a>; in 2000, chapter 1050<\/a>; in 2002, chapter 546<\/a>; in 2003, chapter 403<\/a>; in 2006, chapter 264<\/a>; in 2008, chapter 318<\/a>; in 2009, chapter 206<\/a>; in 2015, chapter 597<\/a>; in 2018, chapter 757<\/a>; in 2025, chapter 512<\/a>.<\/p>","references":[{"id":60938,"section_number":"15.2-2308.1","catch_line":"Boards of zoning appeals, ex parte communications, proceedings","order_by":null,"url":"\/15.2-2308.1\/"},{"id":55804,"section_number":"15.2-2309","catch_line":"Powers and duties of boards of zoning appeals","order_by":null,"url":"\/15.2-2309\/"}],"refers_to":[{"id":77758,"section_number":"15.2-2201","catch_line":"Definitions","order_by":null,"url":"\/15.2-2201\/"},{"id":73996,"section_number":"15.2-2204","catch_line":"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments","order_by":null,"url":"\/15.2-2204\/"},{"id":67238,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","order_by":null,"url":"\/15.2-2286\/"},{"id":55804,"section_number":"15.2-2309","catch_line":"Powers and duties of boards of zoning appeals","order_by":null,"url":"\/15.2-2309\/"},{"id":82504,"section_number":"15.2-2312","catch_line":"Procedure on appeal","order_by":null,"url":"\/15.2-2312\/"}],"permalink":{"id":155447,"object_type":"law","relational_id":55804,"identifier":"15.2-2309","token":"15.2\/II\/22\/7\/15.2-2309","url":"\/15.2-2309\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2309\/","token":"15.2\/II\/22\/7\/15.2-2309","dublin_core":{"Title":"Powers and duties of boards of zoning appeals","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2309","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Boards of zoning<\/span> appeals<\/span> shall have the following powers and duties:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To hear and decide appeals<\/span> from any order<\/span>, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this article or of any ordinance<\/span> adopted pursuant thereto. The decision on such appeal<\/span> shall be based on the board’s judgment<\/span> of whether the administrative officer was correct. The determination of the administrative officer shall be presumed to be correct. At a hearing<\/span> on an appeal<\/span>, the administrative officer shall explain the basis for his determination after which the appellant<\/span> has the burden of proof<\/span> to rebut such presumption<\/span> of correctness by a preponderance of the evidence<\/span>. Altering the order<\/span> of evidence is a reversible error only if the appellant<\/span> lodges an objection citing this section and the board subsequently refuses to reorder the hearing<\/span>. The board shall consider any applicable ordinances<\/span>, laws<\/span>, and regulations in making its decision. For purposes of this section, determination means any order<\/span>, requirement, decision, or determination made by an administrative officer. Any appeal<\/span> of a determination to the board shall be in compliance with this section, notwithstanding any other provision of law<\/span>, general or special. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Notwithstanding any other provision of law<\/span>, general or special, to grant upon appeal<\/span> or original application in specific cases a variance as defined in § 15.2-2201<\/a>, provided that the burden of proof<\/span> shall be on the applicant for a variance to prove by a preponderance of the evidence<\/span> that his application meets the standard for a variance as defined in § 15.2-2201<\/a> and the criteria set out in this section.\n\t\t\tNotwithstanding any other provision of law<\/span>, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance<\/span> 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<\/span>, 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<\/span>; (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<\/span> classification of the property; and (v) the relief or remedy sought by the variance application is not available through a special exception<\/span> process that is authorized in the ordinance<\/span> pursuant to subdivision 6 of § 15.2-2309<\/a> or the process for modification of a zoning<\/span> ordinance<\/span> pursuant to subdivision A 4 of § 15.2-2286<\/a> 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<\/span>, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a reasonable modification is made to a locality<\/span> and is appropriate under the provisions of state and federal fair housing laws<\/span>, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted by the locality<\/span> unless a variance from the board of zoning<\/span> appeals<\/span> under this section is required in order<\/span> for such request to be granted.\n\t\t\tNo variance shall be considered except after notice and hearing<\/span> as required by § 15.2-2204<\/a>. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street<\/span> or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.\n\t\t\tIn granting a variance, the board may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond<\/span> to ensure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law<\/span>, general or special, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law<\/span> and local ordinance<\/span>; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the ordinance<\/span>. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To hear and decide appeals<\/span> from the decision of the zoning<\/span> administrator after notice and hearing<\/span> as provided by § 15.2-2204<\/a>. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street<\/span> or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by the question, and after public hearing<\/span> with notice as required by § 15.2-2204<\/a>, the board may interpret the map in such way as to carry out the intent<\/span> and purpose of the ordinance<\/span> for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street<\/span> or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> No provision of this section shall be construed as granting any board the power to rezone property or to base board decisions on the merits of the purpose and intent<\/span> of local ordinances<\/span> duly adopted by the governing body<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To hear and decide applications for special exceptions<\/span> as may be authorized in the ordinance<\/span>. The board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond<\/span> to ensure that the conditions imposed are being and will continue to be complied with.\n\t\t\tNo special exception<\/span> may be granted except after notice and hearing<\/span> as provided by § 15.2-2204<\/a>. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street<\/span> or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To revoke a special exception<\/span> previously granted by the board of zoning<\/span> appeals<\/span> if the board determines that there has not been compliance with the terms or conditions of the permit. No special exception<\/span> may be revoked except after notice and hearing<\/span> as provided by § 15.2-2204<\/a>. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street<\/span> or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. If a governing body<\/span> reserves unto itself the right to issue<\/span> special exceptions<\/span> pursuant to § 15.2-2286<\/a>, and, if the governing body<\/span> determines that there has not been compliance with the terms and conditions of the permit, then it may also revoke special exceptions<\/span> in the manner provided by this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The board by resolution may fix a schedule of regular meetings, and may also fix the day or days to which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding<\/span> shall be communicated to the members and the press as promptly as possible. All hearings<\/span> and other matters previously advertised for such meeting in accordance with § 15.2-2312<\/a> shall be conducted at the continued meeting and no further advertisement is required. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF BOARDS OF ZONING APPEALS (\u00a7 15.2-2309)\n\nBoards of zoning appeals shall have the following powers and duties:\n\n1. To hear and decide appeals from any order, requirement, decision, or\ndetermination made by an administrative officer in the administration or\nenforcement of this article or of any ordinance adopted pursuant thereto. The\ndecision on such appeal shall be based on the board’s judgment of whether\nthe administrative officer was correct. The determination of the administrative\nofficer shall be presumed to be correct. At a hearing on an appeal, the\nadministrative officer shall explain the basis for his determination after which\nthe appellant has the burden of proof to rebut such presumption of correctness\nby a preponderance of the evidence. Altering the order of evidence is a\nreversible error only if the appellant lodges an objection citing this section\nand the board subsequently refuses to reorder the hearing. The board shall\nconsider any applicable ordinances, laws, and regulations in making its\ndecision. For purposes of this section, determination means any order,\nrequirement, decision, or determination made by an administrative officer. Any\nappeal of a determination to the board shall be in compliance with this section,\nnotwithstanding any other provision of law, general or special.\n\n2. Notwithstanding any other provision of law, general or special, to grant upon\nappeal or original application in specific cases a variance as defined in §\n15.2-2201, provided that the burden of proof shall be on the applicant for a\nvariance to prove by a preponderance of the evidence that his application meets\nthe standard for a variance as defined in § 15.2-2201 and the criteria set\nout in this section.\n\t\t\tNotwithstanding any other provision of law, general or special, a variance\nshall be granted if the evidence shows that the strict application of the terms\nof the ordinance would unreasonably restrict the utilization of the property or\nthat the granting of the variance would alleviate a hardship due to a physical\ncondition relating to the property or improvements thereon at the time of the\neffective date of the ordinance, or alleviate a hardship by granting a\nreasonable modification to a property or improvements thereon requested by, or\non behalf of, a person with a disability, and (i) the property interest for\nwhich the variance is being requested was acquired in good faith and any\nhardship was not created by the applicant for the variance; (ii) the granting of\nthe variance will not be of substantial detriment to adjacent property and\nnearby properties in the proximity of that geographical area; (iii) the\ncondition or situation of the property concerned is not of so general or\nrecurring a nature as to make reasonably practicable the formulation of a\ngeneral regulation to be adopted as an amendment to the ordinance; (iv) the\ngranting of the variance does not result in a use that is not otherwise\npermitted on such property or a change in the zoning classification of the\nproperty; and (v) the relief or remedy sought by the variance application is not\navailable through a special exception process that is authorized in the\nordinance pursuant to subdivision 6 of § 15.2-2309 or the process for\nmodification of a zoning ordinance pursuant to subdivision A 4 of §\n15.2-2286 at the time of the filing of the variance application. Any variance\ngranted to provide a reasonable modification to a property or improvements\nthereon requested by, or on behalf of, a person with a disability may expire\nwhen the person benefited by it is no longer in need of the modification to such\nproperty or improvements provided by the variance, subject to the provisions of\nstate and federal fair housing laws, or the Americans with Disabilities Act of\n1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a\nreasonable modification is made to a locality and is appropriate under the\nprovisions of state and federal fair housing laws, or the Americans with\nDisabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such\nrequest shall be granted by the locality unless a variance from the board of\nzoning appeals under this section is required in order for such request to be\ngranted.\n\t\t\tNo variance shall be considered except after notice and hearing as required\nby § 15.2-2204. However, when giving any required notice to the owners,\ntheir agents or the occupants of abutting property and property immediately\nacross the street or road from the property affected, the board may give such\nnotice by first-class mail rather than by registered or certified mail.\n\t\t\tIn granting a variance, the board may impose such conditions regarding the\nlocation, character, and other features of the proposed structure or use as it\nmay deem necessary in the public interest and may require a guarantee or bond to\nensure that the conditions imposed are being and will continue to be complied\nwith. Notwithstanding any other provision of law, general or special, the\nproperty upon which a property owner has been granted a variance shall be\ntreated as conforming for all purposes under state law and local ordinance;\nhowever, the structure permitted by the variance may not be expanded unless the\nexpansion is within an area of the site or part of the structure for which no\nvariance is required under the ordinance. Where the expansion is proposed within\nan area of the site or part of the structure for which a variance is required,\nthe approval of an additional variance shall be required.\n\n3. To hear and decide appeals from the decision of the zoning administrator\nafter notice and hearing as provided by § 15.2-2204. However, when giving\nany required notice to the owners, their agents or the occupants of abutting\nproperty and property immediately across the street or road from the property\naffected, the board may give such notice by first-class mail rather than by\nregistered or certified mail.\n\n4. To hear and decide applications for interpretation of the district map where\nthere is any uncertainty as to the location of a district boundary. After notice\nto the owners of the property affected by the question, and after public hearing\nwith notice as required by § 15.2-2204, the board may interpret the map in\nsuch way as to carry out the intent and purpose of the ordinance for the\nparticular section or district in question. However, when giving any required\nnotice to the owners, their agents or the occupants of abutting property and\nproperty immediately across the street or road from the property affected, the\nboard may give such notice by first-class mail rather than by registered or\ncertified mail. The board shall not have the power to change substantially the\nlocations of district boundaries as established by ordinance.\n\n5. No provision of this section shall be construed as granting any board the\npower to rezone property or to base board decisions on the merits of the purpose\nand intent of local ordinances duly adopted by the governing body.\n\n6. To hear and decide applications for special exceptions as may be authorized\nin the ordinance. The board may impose such conditions relating to the use for\nwhich a permit is granted as it may deem necessary in the public interest,\nincluding limiting the duration of a permit, and may require a guarantee or bond\nto ensure that the conditions imposed are being and will continue to be complied\nwith.\n\t\t\tNo special exception may be granted except after notice and hearing as\nprovided by § 15.2-2204. However, when giving any required notice to the\nowners, their agents or the occupants of abutting property and property\nimmediately across the street or road from the property affected, the board may\ngive such notice by first-class mail rather than by registered or certified\nmail.\n\n7. To revoke a special exception previously granted by the board of zoning\nappeals if the board determines that there has not been compliance with the\nterms or conditions of the permit. No special exception may be revoked except\nafter notice and hearing as provided by § 15.2-2204. However, when giving\nany required notice to the owners, their agents or the occupants of abutting\nproperty and property immediately across the street or road from the property\naffected, the board may give such notice by first-class mail rather than by\nregistered or certified mail. If a governing body reserves unto itself the right\nto issue special exceptions pursuant to § 15.2-2286, and, if the governing\nbody determines that there has not been compliance with the terms and conditions\nof the permit, then it may also revoke special exceptions in the manner provided\nby this subdivision.\n\n8. The board by resolution may fix a schedule of regular meetings, and may also\nfix the day or days to which any meeting shall be continued if the chairman, or\nvice-chairman if the chairman is unable to act, finds and declares that weather\nor other conditions are such that it is hazardous for members to attend the\nmeeting. Such finding shall be communicated to the members and the press as\npromptly as possible. All hearings and other matters previously advertised for\nsuch meeting in accordance with § 15.2-2312 shall be conducted at the\ncontinued meeting and no further advertisement is required.\n\nHISTORY: Code 1950, \u00a7\u00a7 15-831, 15-850, 15-968.9; 1950, p. 176; 1962, c. 407,\n\u00a7 15.1-495; 1964, c. 535; 1972, c. 695; 1975, cc. 521, 641; 1987, c. 8; 1991,\nc. 513; 1996, c. 555; 1997, c.; 2000, c. 1050; 2002, c. 546; 2003, c. 403; 2006,\nc. 264; 2008, c. 318; 2009, c. 206; 2015, c. 597; 2018, c. 757; 2025, c. 512.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}