Montgomery County, Virginia
Montgomery County Planning & GIS Services, 755 Roanoke St. Suite 2A, Christiansburg, VA 24073
mcplan@montgomerycountyva.gov
Revised: 05.29.2019
BOARD OF ZONING APPEALS APPLICATION
The Board of Zoning Appeals is a five-member board recommended by the Board of Supervisors and appointed
by the Circuit Court. The Board has the authority to a) hear and decide appeals from any order, requirement, or
decision of the Zoning Administrator, or b) authorize variances from the zoning ordinance when a literal
enforcement of the ordinance would result in unnecessary hardship.
If you disagree with a decision of the Zoning Administrator, you may file an appeal. The appeal must be filed
in writing within thirty days of the date of the Zoning Administrator’s decision.
If you want relief from a provision of the zoning ordinance, you may apply for a variance. A variance may be
applied for at any time.
For a variance or appeal, you must:
1. Fill out and sign the attached application form,
2. Provide a letter detailing the justification for the request, including any supporting documentation,
3. Provide a detailed scale drawing of the property and the proposed project, with a location map,
4. File ten (10) copies of all application materials at the Planning and GIS Services Office with the
appropriate application fee (Make checks payable to “Treasurer of Montgomery County”):
• Variance: $500.00 plus $10 technology fee
• Appeal: $250.00 plus $10 technology fee
5. Agree to and submit payment for all legal notice fees as required by state law. (To be invoiced by the
local newspaper)
The Board of Zoning Appeals meets on the first Tuesday of every month. Applications must be received on
or before the first business day of the month in order to be processed and heard at the next
month’s meeting. (Example: Applications received by the first business day in January will be heard at the
February meeting.)
Rules Governing Justification for Variance:
In writing your justification for a variance request, you should carefully consider the following. Section 10-
55(1)(g) of the Montgomery County Code states that the Board of Zoning Appeals shall base its required
findings upon the particular evidence presented to it in each specific case where the property owner can show
that:
A. The strict application of the terms of this Ordinance would effectively prohibit or unreasonably restrict the
utilization of the property because of:
1. The exceptional narrowness, shallowness, size, or shape of the property at the time of the effective
date of the Zoning Ordinance, as amended; or
2. The exceptional topographic conditions or other extraordinary situations or condition of the property; or
3. The condition, situation, or development of the property immediately adjacent thereto.
B. The granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as
distinguished from a special privilege or convenience sought by the applicant.
C. The property was acquired in good faith.
D. Satisfactory evidence exists to support all of the following findings from Section 10-55(1)(e)
1. The strict application of this Ordinance would produce undue hardship to the property owner;
2. Such hardship is not shared generally by other properties in the same zoning district and the same
vicinity;
3. Such variance is not contrary to the public interest nor to the intended spirit and purpose of this
Ordinance;
4. The granting of such variance will not be a substantial detriment to adjacent properties nor change the
character of the zoning district in which the property is located;
5. Such variance would result in substantial justice being done; and
6. The condition or situation of the property which gives rise to the need for such variance 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 this Ordinance.
