19.2-66

Extracted standards

1 individual requirements pulled out of this section’s prose, each with the sentence it came from.

From the ordinance

The BZA shall grant a variance if the applicant proves through a preponderance of the evidence that: 1. A strict application of this Chapter would unreasonably restrict the utilization of the property, or the variance would alleviate a hardship due to the physical condition of the property or improvements on the property at the time of the effective date of this Chapter, as amended from time to time, or the variance would alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability; 2. The property was acquired in good faith and any hardship was not created by the applicant; 3. Substantial detriment will not occur to adjacent and nearby properties in the proximity of the geographic area in which the property is located; 4. The condition or situation of the property 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 Chapter; 5. The application will not allow a use that is not otherwise permitted on the property, or change the zoning district classification for the property; and 6. 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 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.