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Petitioning the Board of Zoning Appeals
The Board of Zoning Appeals hears requests for Variances, Special Exceptions
and appeals from decisions of the Director of Planning regarding the interpretation
of the Zoning Ordinance.
VARIANCES - In any specific case where strict enforcement of a
zoning regulation would cause unnecessary or unusual physical hardship,
the BZA may vary or modify that regulation.
SPECIAL EXCEPTIONS - This allows a land use not normally permitted
in a zoning district. Special Exceptions may be allowed after review and
approval by the BZA and after meeting specific conditions. Those uses
permitted by Special Exception are listed in the Zoning Ordinance.
ORDINANCE AND DISTRICT MAP INTERPRETATIONS - The Director of Planning
has the responsibility for enforcing the provisions of the Zoning Ordinance.
In cases where it is alleged there is an error to any order, requirement,
decision or determination by the Director in the administration and enforcement
of the provisions of the Ordinance, any affected person may appeal to
the BZA.
Applications for Special Exceptions and Variances must show that approval
will not be materially detrimental to persons living or working in the
vicinity, to adjacent property, the neighborhood, or the public welfare
in general. In addition, an application for a Variance must contain a
surveyed plat and a statement of the unusual circumstances or unique physical
characteristics (i.e., exceptional narrowness, shallowness, size, and/or
topographic conditions of the property) which would cause an unreasonable
hardship on the applicant with the strict enforcement of the requirements
of the Zoning Ordinance.
Detailed Steps to Petitioning the Board of Zoning Appeals
- The first step is to bring proposed plans to the Planning Department,
in the Community Development Building, 9800 Government Center Parkway, Phone (804) 748-1050.
Staff will provide pre-application assistance, an application form and
other information necessary to be presented to the Board of Zoning Appeals
in preparation for public hearing.
- Applicant should include the following materials: (1) A legal description
of the property, acreage, and a list of all adjacent property owners
(obtained from the County Planning Department; (2) The completed
application form; (3) Drawings, GIS map, site plans and/or plats, if
required; and (4) The filing fee.
- Upon receipt of the completed application form and compilation of
other information, staff will begin preparing your case for public hearing
and assign you a case number. Planners and other representatives from
various county departments will review your request and the site will
be inspected. A staff analysis and recommendation will be prepared and
submitted to the BZA and the applicant. During this time, the request
will be advertised in local newspapers, and notice of requests will
be sent to adjacent property owners. At least twenty-one (21) days prior
to the first public hearing date for Variance and Special Exception
requests, a sign is posted on the subject property. It is suggested
that first-time applicants contact their adjacent property owners and/or
civic associations to discuss the request.
- At the public hearing, the applicant or a representative must appear
to present the proposal and answer questions. Other interested parties
will also be allowed to speak if they so desire in support or opposition
of the case.
- After hearing the testimony, the Board will take action on the request.
The Board may approve the request (with or without conditions), deny
the request, or defer further hearing for additional consideration.
If the request is approved, the building permit will be forwarded to
the Building Inspections Department. Special Exceptions require preparation
and submission of site plans. Conditions imposed by the BZA must be
incorporated in these plans . If your request is denied for a Special
Exception or Variance, you may: reapply no sooner than twelve (12) months
after denial or appeal the BZA’s decision to the Circuit Court
within thirty (30) days from date of the hearing.
Additional information which may assist you are the publications entitled:
- Chesterfield County Zoning Ordinance
- Chesterfield County Subdivision Ordinance
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