Appeals to the Board of Zoning Appeals may be taken by any person aggrieved by any decision of the Zoning Administrator in the enforcement of the zoning ordinance which would effectively prohibit or unreasonably restrict the use of their property.
The application is reviewed by staff for accuracy and completeness.
Packets of information regarding the request are prepared for BZA members for their review.
All adjoining property owners surrounding the property where the variance is being requested are notified by mail that a variance request has been received and a public hearing has been scheduled.
A legal ad is placed in the local newspaper advising that a public hearing for a variance request has been scheduled and will run twice prior to the meeting date.
The public hearing is held on the scheduled date. The Board members will discuss the request with city staff, the applicant, representatives for the applicant and any citizens who wish to speak either for or against the request.
The Board members will consider all of the information provided and then make a motion to either approve the variance request or deny it.
No variance shall be authorized by the Board of Zoning Appeals unless it finds:
That the strict application of the zoning ordinance would produce undue hardship.
That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.
That the authorization of the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.
That the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the zoning ordinance.
The regular meeting of the Board of Zoning Appeals is held on the first Wednesday or each month at 10am in Council Chambers (Room 104) on the main floor of the Charles T. Yancey Municipal Building, 503 W. Main St., Waynesboro, unless that day falls on a holiday in which case the meeting will be held on the following Wednesday.
Hearings are open to the public. The applicant may appear on his own behalf or be represented by an agent at the public hearing. In the absence of a personal appearance on behalf of the applicant, the Board will proceed to dispose of the matter on the basis of information before it.
Submission of an application by the deadline date listed does not automatically insure that the public hearing or subsequent meetings will be held on the scheduled dates, as special problems and conditions may necessitate the submission of additional information.
The City of Waynesboro, Virginia is committed to providing equal opportunities for services and programs to all residents. For those with disabilities who need accommodations, please call (540) 942-6628.