What is the legal basis for obtaining a zoning variance?

In Virginia, the legal basis for obtaining a zoning variance is outlined by the Virginia Zoning Enabling Act. This act sets forth the rules and regulations concerning land use and zoning in Virginia, as well as the procedures for obtaining a zoning variance. According to the act, the local governing body in the jurisdiction in which the property is located can grant a zoning variance when certain criteria are met. Those criteria are that: (1) granting the variance is not detrimental to the public; (2) the variance is reasonable; (3) the variance is necessary for the enjoyment of a substantial property right; and (4) the hardship due to the strict application of the zoning ordinance results from special circumstances unique to the property. In addition to meeting these criteria, the applicant must also provide evidence to the local governing body during the hearing process in order to demonstrate that the variance is necessary. This evidence typically includes a showing of the financial hardship that would be caused by the strict application of the zoning ordinance. After consideration of the evidence presented, the governing body will either grant or deny the variance.

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What is the legal basis for obtaining a zoning variance?

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