A variance allows a property owner to do what is otherwise not allowed under the Albemarle County Zoning Ordinance, due to special characteristics of an individual property. A variance might allow a lot to be bigger or smaller or shaped different from the standard lot requirements, or it might permit a building to be larger, taller, shorter, on a different part of a lot than standard requirements, or intruding into a required setback. It may not permit a change in use.
A variance may only be granted when the use of the property would otherwise be unreasonably restricted due to a physical condition of the property or improvements already on the parcel when the ordinance went into effect.
A variance is not the same as a special exception, variation, or waiver, which are limited to the exceptions specified in the applicable section of the ordinance.
The Board of Zoning Appeals (BZA) decides on the approval or denial of variance applications. Notice of a variance application hearing will be sent by County staff to abutting parcels and published in the newspaper.
