The Push and Pull of BZAs and Variances


Recently, I helped the CPEAV train members of Boards of Zoning Appeals for various localities. The group of appointed zoning officials was lively and interested in the law they were expected to apply. But through their questions and comments, I was reminded just how difficult it can be to apply the legal standard for a variance when applied to “real world” cases.

As a local government attorney experienced in this area, I can easily recite the many statutory prerequisites and standards for granting a variance in Virginia Code § 15.2-2309(2). These are significant hurdles.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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