A variance is a deviation from regulations set forth in the Pittsylvania County Zoning Ordinance. A variance can only be granted if the strict enforcement of the regulations imposes such a hardship that it would almost constitute a taking. A variance can only be applied to physical development regulations, not uses. The Virginia State Code establishes five criteria that must be met before a variance can be granted. Those criteria are:

1. 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. The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area.
3. 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.
4. The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property.
5. 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.

In order to apply for a variance, a variance application must be submitted to the Department of Community Development showing how the request meets the five criteria listed above. The application deadline is the third Thursday of each month by 5 p.m. In the event of a holiday, the deadline is the preceding Wednesday by 5 p.m. All variance applications are heard and decided by the Board of Zoning Appeals.

Please contact the Department of Community Development to ensure that applying for a variance is the best option.

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