                                 CODE OF VIRGINIA

POWERS AND DUTIES OF BOARDS OF ZONING APPEALS (§ 15.2-2309)

Boards of zoning appeals shall have the following powers and duties:

1. 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&#8217;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. Notwithstanding any other provision of law, general or special, to grant upon
appeal or original application in specific cases a variance as defined in &#xA7;
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 &#xA7; 15.2-2201 and the criteria set
out in this section.
			Notwithstanding 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 &#xA7; 15.2-2309 or the process for
modification of a zoning ordinance pursuant to subdivision A 4 of &#xA7;
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. &#xA7; 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. &#xA7; 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.
			No variance shall be considered except after notice and hearing as required
by &#xA7; 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.
			In 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. To hear and decide appeals from the decision of the zoning administrator
after notice and hearing as provided by &#xA7; 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. 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 &#xA7; 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. 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.

6. 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.
			No special exception may be granted except after notice and hearing as
provided by &#xA7; 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. 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 &#xA7; 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 &#xA7; 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. 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 &#xA7; 15.2-2312 shall be conducted at the
continued meeting and no further advertisement is required.

HISTORY: Code 1950, §§ 15-831, 15-850, 15-968.9; 1950, p. 176; 1962, c. 407,
§ 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.