The Code of Virginia requires that all variance petitions heard by the Board of Zoning Appeals meet the public hearing requirements. These include:
- Posting notices on personal property regarding the hearing (a staff member will provide the signs at the time the application is submitted)
- Mailings to adjacent property owners notifying them of the date, time, and location of these hearings
- Placing a legal advertisement in a newspaper of general circulation in advance of these hearings to give those interested an opportunity to speak at the hearing (the petitioner may be billed for the cost of legal advertisements)
- Allowing ample time between the submission of the application and the public hearing
A typical variance will take 4 to 6 weeks from the submission of the application to the public hearing. On the evening of the public hearing with the Board of Zoning Appeals, either the petitioner or his/her representative is expected to give a brief presentation to the board and answer any questions board members may have.
The board usually makes its decision on the evening of this public hearing, but it has 90 days, by law, to make its recommendation. The decision is made in the form of a findings of fact. If the board's decision is to deny the variance, the petitioner may appeal the decision to the Roanoke County Circuit Court within 30 days.
Staff of the Planning and Zoning Department are available to assist citizens with the application process. For more information, please contact the Planning and Zoning Department at 540-983-0605.