§ 23.2-26. Variances.

a)

General procedures. An application for a variance shall be made in writing upon and application form approved by the department for community sustainability, and shall be accompanied by applicable fees. Notice shall be by publication, mail and posting pursuant to the provisions in section 23.2-15. city staff shall review the application in accordance with these LDRs and prepare a report that summarizes the application and the effect of the proposed variance, including whether the application complies with each of the standards for granting variances stated below.

The staff report shall include written recommended findings of fact regarding the standards for granting variances. The staff report shall also provide a recommendation for whether the application should be approved, approved with conditions or denied.

Once the staff report is complete the applicant will be notified and furnished a copy of the report. The development review official shall schedule the application for hearing before the planning and zoning board or historic resources preservation board, as applicable, and provide the requisite notice in accordance with this article. A variance is authorized only for height, area, and size of structure or size of yards, parking requirements and other area requirements and open spaces. Establishment or expansion of a use or density otherwise prohibited or not permitted shall not be allowed by variance; nor shall variances be granted that are inconsistent with the City Charter.

b)

Required findings for approval. The power to grant any such variance shall be limited by and be contingent upon documentation that all required findings are made by the appropriate board as follows:

1.

Special circumstances or conditions exist which are peculiar to the land or building for which the variance is sought and do not apply generally to nearby lands and buildings, and that this is not the result of action of the applicant;

2.

The strict application of the provision of these LDRs would deprive the applicant of any reasonable use of the land or building for which the variance is sought;

3.

That the variance proposed is the minimum variance which makes possible the reasonable use of the land or building; and

4.

That the granting of the variance will be in accordance with the spirit and purpose of this chapter, and will not be unduly injurious to contiguous property or the surrounding neighborhood nor otherwise detrimental to the public welfare. In deciding appeals from decisions of the development review official or in granting variances, the decisionmaking board is authorized and required to impose any reasonable conditions and safeguards it deems to be necessary or desirable, and violation of such conditions or safeguards when made a part of the terms under which a variance is granted, shall be deemed to be a violation of these LDRs.

c)

Time limit for variances . Any variance granted under this section shall become null and void and of no effect twelve (12) months from and after the date of its final approval, unless within such period of twelve (12) months a building permit is issued if required, or if no permit is required, unless the action permitted by the variance shall have taken place within the twelve-month period. An extension of six (6) months may be granted by the development review official for good cause.

d)

Variance denial . Any variance denied under this section may not be brought back for consideration for at least twelve (12) months following the date of the result letter of the appropriate review body's decision.