Board of Zoning Appeals

Section 15.2-2308 of the Code of Virginia, Counties, Cities, and Towns, requires any zoned locality to establish a Board of Zoning appeals consisting of 5 or 7 members.  The County has had a 7-member Board of Zoning Appeals since 1973.  Section 15.2-2309 of the Code of Virginia, BZA powers and duties, contains the specific enabling legislation and authority for BZA actions.  Generally, the BZA serves as an appellate body for persons aggrieved of any zoning decision or determination made by County staff.  It also serves as the review agency with specific discretionary authority to approve or deny variance requests to specific code sections in the local zoning ordinance.  Individual variance requests are generated when a literal interpretation or enforcement of the zoning ordinance will result in unnecessary hardship.  The BZA, after applying specific statutory tests for variance consideration, may alter, waive, or modify, specific provisions of the zoning ordinance on a case by case basis.

The county BZA services as a quasi-judicial body, one step below the Circuit Court venue, to ensure citizens a fair hearing, and administrative resource where unique property or geographic circumstances impose hardship on the citizen by causing non-compliance with the local zoning ordinance.  The BZA decisions are only appealable to the circuit Court of Spotsylvania, and higher courts.  The presumption of validity rests with the BZA decision and a ruling of the BZA is seldom over-turned provided the Board applied the law and followed proper procedure.

Day and Time of Meeting: Third Tuesday of each month at 7:30 p.m. (Provided a case is scheduled to be heard.)

Meeting Location: Holbert  Building Board Room, 9104 Courthouse Road, Spotsylvania, VA  22553.