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Variance

A variance is a request to deviate from current zoning requirements. If granted, it permits the owner to use his land in a way that is ordinarily not permitted by the zoning ordinance. It is not a change in the zoning law, but a waiver from the requirements of the zoning ordinance.

  • The Board of Zoning Appeals hears and decides appeals from any order, requirement, decision or determination made by the Zoning Administrator. The decision on such appeal shall be based on the board’s judgement of whether the Zoning Administrator was correct. The determination of the Zoning Administrator shall be presumed to be correct.
  • At a hearing on an appeal, the Zoning Administrator shall explain the basis for their determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence.
  • The board shall consider any applicable ordinances, laws, and regulations in making its decision.

In accordance with the Code of Virginia 15.2-2309 and Section 1-1019.B.2 of the Isle of Wight County Zoning Ordinance, the Board of Zoning Appeals shall not authorize a variance unless it finds:
• The property for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance.
• The granting of the variance will not be harmful to adjacent property and nearby properties.
• The condition or situation 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 ordinance.
• The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property.
• The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to Section 15.2-2309 of the Code of Virginia or the process for modification of a zoning ordinance pursuant to Section 15.2-2286 of Code of Virginia at the time of the filing of the variance application.

Apply for a variance
You can submit applications and plans via email to planreview@iwus.net (applications must be in one complete PDF file to submit digitally) or they can be submitted in our office between the hours of 8:30 am and 4:30 pm. Our address is 17140 Monument Circle, Suite 101, Isle of Wight VA 23397.

If you have any questions please email us at planreview@iwus.net or call 757-365-6211.

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