1. What is a zoning appeal and when should one be granted?
  2. What is the procedure for applying to the Board of Zoning Appeals?

 

What is a zoning appeal and when should one be granted?
An appeal to the Board of Zoning Appeals may be taken by any person aggrieved by any decision of the director of Planning (or by any officer, department, board or bureau of the county). The appeal must be filed within 30 days after the entry of the decision appealed. (County Code, 24-117(b))

An appeal stays all proceedings in the furtherance of the action appealed from, unless the Director of Planning certifies to the BZA after the notice of appeal has been filed that staying the proceedings would cause imminent peril to life or property. (County Code, 24-117(b))

At the hearing, any party may appear in person, or by agent or by attorney. The BZA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed. The concurring vote of three members of the board shall be necessary to reverse any order, requirement, decision or determination. (County Code, 24-117(c))

 

What is the procedure for applying to the Board of Zoning Appeals?
All variance, appeal or Conditional Use Permit requests must be filed on the official form. Applications are processed according to a schedule of deadlines and public hearing dates, which is published each year. The county is required to advertise applications in the Richmond Times-Dispatch and mail notices to the owners of all adjoining property.

The fee covers a portion of the cost of advertising, researching, reviewing and processing the application. If an application is withdrawn before the advertisement is prepared, the county may refund part of the fee. After the advertisement has been prepared, the fee cannot be refunded.

The applicant or a representative is required to attend the public hearing. At the hearing anyone may speak in favor of, or in opposition to, any application. Written comments may also be submitted. The board decides most cases the day of the hearing.