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BOARD OF ZONING APPEALS - ZONING VARIANCE (City of Fredericksburg)

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Fee ($400 for Individual Single-Family Lot / $600 for all others):_________
App No. ___________
Revised: November 2021
BOARD OF ZONING APPEALS - ZONING VARIANCE
What is a variance? A reasonable deviation from those provisions in the Zoning Ordinance regulating the shape, size
or area of a lot or parcel of land, or the size, height, area, bulk, or location of a building or structure when the strict
application of the Zoning Ordinance would unreasonable restrict the utilization of the property, and such need for a
variance would not be shared generally by other properties, and provided such a variance is not contrary to the purpose
of the ordinance. It shall not include a change in use, which change shall be accomplisehd by a rezoning or by a
conditional zoning,
What is the Board of Zoning Appeals (BZA)? The BZA is a five-member board comprised of City residents and
appointed by the Circuit Court. The BZA will hear and consider requests for variances to the City of Fredericksburg
Zoning Ordinance, and appeals of the Zoning Administrator’s decisions.
The policy of the Board of Zoning Appeals is that members will not discuss variance cases with applicants prior
to a scheduled public hearing of the Board of Zoning Appeals.
What is the basis for a variance? Applicant must submit sufficient information for the BZA to make a determination
that a variance is warranted. A variance is warranted when it meets the criteria on Page 3.
What is the application process? Variance applications must be filed with the Community Planning & Building
Department.
A pre-submission conference is held between the applicant and a Planning Services Division staff member. A
solution may be discovered without the need for a variance.
Applications must include the application fee, as well as the original application with original signatures. 2 paper
copies of the application and all supporting documentation must be submitted. In addition, one complete copy of
the application and supporting documentation must be uploaded to the City’s FTP website.
The complete list of application requirements is contained in the UDO Procedures Manual and attached to this
application for your convenience.
After the application is deemed complete and review comments have been provided (if applicable), seven additional
paper copies will be required prior to Public Hearing.
How long does a typical variance process take? The average variance process is approximately six to eight weeks
from submission to action.
What if I want to appeal the decision of the BZA? Any person or persons jointly or severally aggrieved by any
decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the
locality, may file with the clerk of the circuit court for the county or city a petitiion that shall be syled “In Re: date
Decision of the Board of Zoning Appeals of the City of Fredericksburg” specifying the ground on which aggrieved
wihtin 30 days after the final decision of the Board, pursuant to Code of Virginia, § 15.2-2314.
City of Fredericksburg
BOARD OF ZONING APPEALS
Community Planning & Building Department
601 Caroline Street, Suite 400
P.O. Box 7447
Fredericksburg, Virginia 22404
540-372-1179
2
Revised: November 2021
BOARD OF ZONING APPEALS - ZONING VARIANCE
Name of Applicant:
Telephone: Email
Mailing Address:
Interest in Property:
If the Applicant is not the Property Owner, complete the Affidavit for Special Power of Attorney Owner
Consent Form (attached).
Name of Property Owner (if different from applicant):
Mailing Address:
Telephone
Property Description
The property is described as follows:
Street Address: Zoning District:
GPIN No.
Legal Description (include subdivision and lot number):
OWNERSHIP
3
Revised: November 2021
Applicant is (Circle One):
Property Owner Agent of Owner Lessee Property Purchaser Other
If ‘Other’, describe:
Source of Property Title / Instrument #:
If Property is owned by a Limited Liability Corporation (LLC):
1. Attach a “Certificate of Fact of Existence” from the State Corporation Commission; and
2. List the names and titles with authority to sign on behalf of the LLC (add additional sheets if needed):
OR
If Property is owned by a Corporation (Inc.):
1. Attach a “Certificate of Good Standing” from the State Corporation Commission; and
2. List the names and titles with authority to sign on behalf of the corporation (add additional sheets if
needed):
4
Revised: November 2021
VARIANCE CRITERIA
This is a request for a variance to Section of the Zoning Ordinance. Only those
items previously listed in the definition of a variance may be requested. Describe the proposed variance and
the reason(s) such a variance is necessary. The following items must be specifically addressed for this
application to be considered complete:
A. Would your request meet the definition of a variance? § 15.2-2201 defines a Variance in part as “a
reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of
land or the size, height, area, bulk, or location of a building or structure…”
B. Does your request meet one of the following: the strict application of the terms of the ordinance
would either (Code of Virginia, § 15.2-2309):
{1} Would the request “alleviate a hardship due to a physical condition relating to the property or
improvements thereon at the time of the effective date of the ordinance…”?
{2} Does the strict application of the terms of the ordinance “unreasonably restrict the utilization of
the property”?
C. How does your request meet the following five criteria (Code of Virginia § 15.2-2309.2 and § 15.2-
2201 have been included as appropriate).
a) Was “the property interest for which the variance is being requested was acquired in good faith and
any hardship was not created by the applicant for the variance”?
b) § 15.2-2309.2 states that, “the granting of the variance will not be of substantial detriment to adjacent
property and nearby properties in the proximity of that geographical area” and § 15.2-2201 states
that, “the character of the district will not be changed by the granting of the variance.”
c) § 15.2-2309.2 states that, “the condition or situation of the property concerned 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” and § 15.2-2201 states that, “the hardship will not be
shared generally by other properties;”
d) Does the granting of the variance result “in a use that is not otherwise permitted on such property or
a change in the zoning classification of the property”?
e) Is “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 subdivision 6 of §15.2-2309 or the process for
modification of a zoning ordinance pursuant to subdivision A 4 of § 15.2-2286 at the time of the filing
of the variance application”?
Has any previous application or appeal been filed in connection with this property?
No Yes
If yes, provide the date and type of application:
If necessary, additional sheets may be used
5
Revised: November 2021
AFFIDAVIT FOR SPECIAL POWER OF ATTORNEY
OWNER CONSENT FORM
I, the owner of the property located at
Make, constitute, and appoint ,
special power of attorney to do and perform all acts, and make all representation necessary, without any
limitation whatsover, to make application for said variance. The rights, powers, and authority of said attorney-
in-fact herein granted shall commence and be in force and effect on _______________________________.
.
Property Owner
Commonwealth of Virginia
City of Fredericksburg
Subscribed and sworn before me this day of , 20 .
Notary Signature
Registration Number Commission Expiration
6
Revised: November 2021
PUBLIC NOTIFICATION REQUIREMENTS
Written Notice: Written notice of an application initiated by a property owner or contract purchaser shall be
provided to adjacent property owners by certified return receipt mail by the applicant at least five calendar
days prior to the public hearing (not counting the date of the hearing) and not more than 15 days prior to
the hearing. Applicants may use the notice form supplied with the application forms. In the event the
application is deferred indefinitely, notification shall be given when the application is rescheduled.
Evidence of the receipt of such notice shall be provided to the Zoning Administrator prior to the public hearing.
In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association
or proprietary lessees' association, respectively, in lieu of each individual unit owner.
The following notice documents must be submitted to the office of the Zoning Administrator at least 5
days prior to the public hearing:
1. a copy of the notice letter sent
2. a list of the names and addresses of those persons to whom notice was sent
3. a copy of the post office receipts for the certified or return receipt mail
4. “Certification of Notice” form found at the back of this application
Posted Notice: The applicant shall post a sign provided by the Zoning Administrator on each parcel of land
involved in an application for zoning map amendment (when 25 or fewer parcels are affected), Posted notice
shall be erected at least five days before the BZA public hearing and before the City Council public
hearing.
Failure to send accurate or correct notices will result in deferral of the application to a later hearing
date. Property ownership information is to be obtained from the City Real Estate Office, Room 107, City
Hall, 715 Princess Anne Street or online at Fredericksburgva.gov
7
Revised: November 2021
Dear Property Owner:
You are hereby notified of the following public hearing to be held by the City of Fredericksburg Board of
Zoning Appeals on the issues described below.
PUBLIC MEETING DATE:___________________________________
AT
4:00 PM, CITY HALL
715 PRINCESS ANNE STREET
COUNCIL CHAMBERS (LOWER LEVEL)
FREDERICKSBURG, VA 22401
ISSUE
DESCRIPTION:_________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
PROPERTY ADDRESS:________________________________________________________________
GPIN NUMBER:______________________________________________
As a citizen and party of interest, you are invited to attend the meeting and express your views
concerning the above issue. If you have questions regarding the request, you can reach me at
_____________________.
Sincerely,
___________________________________ _______________________________________
Applicant signature Applicant printed name
click to sign
signature
click to edit
8
Revised: November 2021
EXAMPLE DIAGRAM OF ADJOINING PROPERTY OWNERS
PROPERTY OWNERS LIST
_____________________________________ ________________________________
SUBJECT ADDRESS GPIN #
Adjoining property owner names and addresses can be obtained by visiting the City website at
www.fredericksburgva.gov and following the link to GIS, or by visiting the Office of Real Estate at City Hall,
715 Princess Anne Street, Room 107.
Adjoining Property Owner’s Name and Mailing Address
Property Address
GPIN NUMBER
Owner Name
Mailing Address
City, State, Zip
Property Address
Owner Name
WEST STREET
SUBJECT
PROPERTY
FI
R
S
T
S
T
R
E
E
T
X
X
X
X
X
X
X
X
X
X
X = Property owners to be notified
9
Revised: November 2021
Mailing Address
City, State, Zip
GPIN NUMBER
Property Address
GPIN NUMBER
Owner Name
Mailing Address
City, State, Zip
Property Address
GPIN NUMBER
Owner Name
Mailing Address
City, State, Zip
Property Address
GPIN NUMBER
Owner Name
Mailing Address
City, State, Zip
Property Address
GPIN NUMBER
Owner Name
Mailing Address
City, State, Zip
Property Address
GPIN NUMBER
Owner Name
Mailing Address
City, State, Zip
10
Revised: November 2021
Property Address
GPIN NUMBER
Owner Name
Mailing Address
City, State, Zip
Property Address
GPIN NUMBER
Owner Name
Mailing Address
City, State, Zip
Property Address
GPIN NUMBER
Owner Name
Mailing Address
City, State, Zip
Property Address
GPIN NUMBER
Owner Name
Mailing Address
City, State, Zip
Property Address
GPIN NUMBER
Owner Name
Mailing Address
City, State, Zip
ATTACH ADDITIONAL SHEETS IF NECESSARY
NOTE: Applicant to return all notice documents at least five days or prior to the public hearing to:
Office of the Zoning Administrator, 601 Caroline Street, Suite 400 Fredericksburg, VA 22401.
11
Revised: November 2021
Variance # _____________
CERTIFICATION OF NOTICE
TO: Zoning Administrator
601 Caroline Street, Suite 400
Fredericksburg, VA 22401
At least five days or prior to the public hearing, the applicant shall supply the Zoning Administrator
with the following notice documents:
1. A copy of the notice sent
2. A list of the names of those persons to whom notice has been given
3. Copies of the post office receipts for certified or registered mail.
4. A certification statement that notice has been sent by certified or registered mail to those to whom
notice is required to be given.
The applicant shall use the records and maps maintained in the City’s office of real estate or GIS to
determine the proper recipients of notice and reliance upon such records shall constitute compliance
with the requirements of the UDO.
The undersigned hereby certifies that the notice to adjoining property owners (copy attached), as
required, was sent to the attached list of property owners concerning the following issue on
(DATE)_____________.
PROPERTY ADRESS:_________________________________________________________________
ISSUE DESCRIPTION:__________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
______________________________ ____________________________________________
Applicant Signature Applicant Printed Name
______________________________ __________________________________________
Telephone Number Date
NOTE: Applicant to return all notice documents at least five days or prior to the public hearing to:
Office of the Zoning Administrator, 601 Caroline Street, Suite 400, Fredericksburg, VA 22401.
12
Revised: November 2021
SIGN POSTING PROCEDURES
Instructions
It is the applicant’s responsibility to ensure that the sign(s) remain on the project site for the required time
and are maintained in good/legible condition until after the public hearing date.
Site Posting Procedure
Sign(s) shall be posted at least five (5) business days before the public hearing/meeting. The applicant shall
complete a notarized affidavit stating the sign(s) shall be posted in accordance with these procedures. Within
three (3) days of posting the sign the applicant shall provide a photograph of the posted sign to the
Community Planning and Building Department. Failure to submit a notarized affidavit and/or
photograph of the posted sign may result in the removal of the application from the scheduled meeting
agenda.
Information required on the sign(s) shall be completed by a member of the planning staff and provided to the
applicant for posting. Signs shall be removed within three (3) days of the public hearing/meeting. Sign(s)
should not be returned to the Community Planning & Building Department.
A minimum of one sign shall be placed along any adjacent arterial street. Signs should be posted every 600
feet when a street frontage adjacent to a project exceeds that distance. Sign(s) shall be placed parallel to the
roadway.
Sign(s) shall be placed on the property in the most visible location available in such a manner that
landscaping or other obstructions do not impair the visibility of the sign(s) from the street. The sign(s) shall
not be placed on the public street right-of-way. The sign(s) should not be placed more than 10 feet behind
the property line adjacent to the street.
The Community Planning and Building Department may vary any of the above guidelines where there are
special circumstances in order to ensure that the sign(s) will be visible to the general public.
The undersigned acknowledges that he/she has read this procedure and understands how and where to
post the required sign(s).
___________________________________ _______________________________
Applicant Signature Date
13
Revised: November 2021
Variance # _____________
SIGN POSTING AFFIDAVIT
_____________________________________, being duly sworn, deposes and says as follows:
(Name of Affiant)
On the _________ day of ________________, 20_____, public hearing/notice sign(s), as supplied by the
Office of the Zoning Administrator, Community Planning and Building Department. shall be posted in
accordance with City sign posting procedures as stated on the reverse of this affidavit, on the property that is
the subject of this application. The sign(s) shall be maintained in good condition on said property until after
the public hearing/meeting.
_____________________________________ _________________________________
Signature of Affiant Date
_____Planning Commission meeting
_____City Council meeting
_____ARB meeting
_____BZA meeting
Commonwealth of Virginia
City of Fredericksburg
I, ____________________________________________, a Notary Public in and for the State and City
aforesaid, do hereby certify that ________________________________________ appeared before me and
acknowledged the same.
Subscribed and sworn before me this _____________ day of ___________________, 20____.
Notary Signature_________________________________________________________
Notary Registration # _________________________
Commission expires: __________________________
14
Revised: November 2021
Checklist for Zoning Variance
A. General Information
1
Application, fee, and background materials loaded to the City’s FTP website.
2
Per §72-21.6.A.(5), the applicant shall provide satisfactory evidence that any delinquent
real estate taxes, nuisance charges, stormwater management utility fees, and any other
charges that constitute a lien on the subject property, that are owed to the locality and
have been properly assessed against the subject property, have been paid.
3
Certified boundary survey of the property signed and sealed by a professional surveyor,
engineer and/or architect showing the:
a. Total area of the property.
b. If applicable, the location, dimensions, and setbacks of all existing structures.
4
A written narrative that addresses the following:
a. How your request meet the definition of a variance? § 15.2-2201 defines a Variance in
part as “a reasonable deviation from those provisions regulating the shape, size, or area
of a lot or parcel of land or the size, height, area, bulk, or location of a building or
structure…” How your request meets one of the following: the strict application of the
terms of the ordinance would either (Code of Virginia, § 15.2-2309):
1. Would the request “alleviate a hardship due to a physical condition relating to the
property or improvements thereon at the time of the effective date of the
ordinance…”
2. Does the strict application of the terms of the ordinance “unreasonably restrict the
utilization of the property.”
b. How does your request meet the following five criteria (Code of Virginia § 15.2-2309.2
and § 15.2-2201 have been included as appropriate).
1. Was “the property interest for which the variance is being requested was acquired
in good faith and any hardship was not created by the applicant for the variance”?
2. § 15.2-2309.2 states that, “the granting of the variance will not be of substantial
detriment to adjacent property and nearby properties in the proximity of that
geographical area” and § 15.2-2201 states that, “the character of the district will not
be changed by the granting of the variance.”
3. § 15.2-2309.2 states that, “the condition or situation of the property concerned 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” and § 15.2-2201 states that, “the hardship will not be shared generally
by other properties;”
4. Does the granting of the variance result “in a use that is not otherwise permitted on
such property or a change in the zoning classification of the property”?
5. Is “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
subdivision 6 of §15.2-2309 or the process for modification of a zoning ordinance
pursuant to subdivision A 4 of § 15.2-2286 at the time of the filing of the variance
application”?
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BOARD OF ZONING APPEALS - ZONING VARIANCE (City of Fredericksburg)

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Completed 11 December 2021

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