What is the legal process for obtaining a variance from local land use regulations?
In Virginia, the legal process for obtaining a variance from local land use regulations involves filing a petition with the local government or zoning board. Generally, the petitioner must demonstrate that some extenuating circumstances exist that warrant a variance from the current regulations. Once the petition is approved, the petitioner must submit additional paperwork, including plans, drawings, or surveys that meet the requirements that have been established for the area. Once all the paperwork is complete and submitted, the local zoning board will hold a hearing to review all of the information and to hear any testimony from interested parties. After the hearing, the zoning board will issue its decision regarding the variance request. Depending on the situation, the variance may be granted, partially granted, or denied. If the variance is granted, the petitioner must then adhere to the terms as set forth by the zoning board. Failure to comply with the terms of the variance may result in fines or other penalties. Additionally, the petitioner may be required to post a bond or other financial assurance to ensure that any changes made to the property are made in compliance with the variance and that the local zoning regulations are not violated.
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