Planning Department

Requesting an Administrative Variance

A Variance from any building setback requirement may be granted by the Director of Planning when he finds in writing that (1) the strict application of the Ordinance requirement would produce undue hardship; (2) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (3) the authorization of such Variance will not be of substantial detriment to adjacent property, and the character of the zoning district will not be changed by the granting of the Variance.

Summary of Requesting an Administrative Variance

1. Applicant receives pre-application assistance by a member of the Planning Department staff. Applicant can choose to petition the Board of Zoning Appeals or administrative review.
2. Application form completed and returned to the Planning Department staff with applicable plats, maps and filing fee.
3. Planners prepare case for Director of Planning’s review. Notification mailed to adjacent property owners. Sign is posted on the property.
4. Director of Planning approves or disapproves request no sooner than twenty-one (21) days.
5. If granted, applicant proceeds with plans and other necessary review procedures.

Detailed Steps to Request an Administrative Variance

1. The first step is to bring proposed plans to the Planning Department, Room 203, Administration Building, Courthouse Complex, Phone (804) 748-1050.  Staff will provide preapplication assistance, an application form and other information necessary to be presented to the Director of Planning.

2. The application should include the following materials:

• A legal description of the property, acreage and a list all adjacent property owners (obtained from the Planning Department).
• The completed application form.
• Drawings, tax maps, site plans and/or plats, if required.
• The filing fee.

3. Upon receipt of the completed application form and compilation of other information, a site inspection will be made. At least fourteen (14) days prior to the Director acting on the application, a sign will be posted on subject property. A written notice concerning the request is mailed to adjacent property owners. It is suggested that applicants contact their adjacent property owners to explain the purpose of their request. If any adjacent owner objects to the application, in writing, prior to the date the Director of Planning renders the decision on the application, the application shall be transferred to the Board of Zoning Appeals for a decision.

4. The Director of Planning will approve or disapprove the application not less than twenty-one (21) days after the date of submission of the application. The applicant will be sent written notice of the Director’s decision.

5. If your request is approved, you may then proceed with plans and other necessary review procedures. Typically the request will not be approved if reasonable alternatives to the request exist. If your request for an administrative Variance is denied, you may appeal in writing and specify the grounds to the Board of Zoning Appeals.

Additional information which may assist you are the pamphlets and publications entitled:

• "Chesterfield County Zoning Ordinance"
• "Chesterfield County Subdivision Ordinance"