Arlington County Variance and Hardship Standards
Arlington County requires that a variance be granted only when the Board of Zoning Appeals finds that "substantial justice" is done and the "spirit of the zoning ordinance" is observed. Specifically, for the continuance of nonconforming uses, the applicant must prove that discontinuance would cause "practical difficulty and undue hardship," while certain residential parking modifications require a showing of "grave hardship" to the Arlington County Board.
Authority and General Standards for Variances
The Arlington County Board of Zoning Appeals (BZA) derives its power to grant variances from the Code of the Commonwealth of Virginia [§15.6.1]. In Arlington County, the BZA has the authority to grant variances from the strict application of the zoning ordinance provided that the following conditions are met:
- The variance is in harmony with the general purpose and intent of the Arlington County Zoning Ordinance.
- The spirit of the ordinance is observed.
- Public safety and welfare are secured.
- Substantial justice is done [§15.6.4.A].
Contextual Definitions of Hardship
The Arlington County Zoning Ordinance applies different tiers of "hardship" depending on the specific relief sought by the property owner.
Undue Hardship and Nonconforming Buildings
When an owner seeks to continue a nonconforming use in a conforming building, the Arlington County Board of Zoning Appeals may grant permission if it determines that requiring the discontinuance of that use would work a "practical difficulty and undue hardship" upon the owner of the building [§15.6.4.B.3]. This is only permitted if the use is not detrimental to the neighborhood in terms of traffic, parking, noise, or lighting [§15.6.4.B.1].
Grave Hardship in Residential Districts
In cases involving the parking of commercial vehicles within Arlington County Residential (R) or Residential Apartment (RA) districts, the Arlington County Board (as opposed to the BZA) may modify the number of permitted vehicles. This requires a finding of "grave hardship" on the resident [§12.9.4.C].
Criteria for Modifications and Use Permits
While traditional variances focus on hardship, the Arlington County Board of Zoning Appeals also has the authority to approve use permits for modifications of placement requirements in specific districts (R-20, R-10, R-8, R-6, R-5, and R2-7) [§15.6.6.A]. For these modifications, the BZA evaluates compatibility rather than strict legal hardship.
Technical Standards for Modification Approval
| Criteria Category | Requirement for Approval |
|---|---|
| Neighborhood Compatibility | Structure’s overall footprint size and placement must be similar to surrounding properties [§15.6.8]. |
| Environmental Preservation | The modification must help preserve natural land forms, historical features, and significant trees/foliage [§15.6.8]. |
| Public Welfare | The proposal must not be detrimental to public welfare or injurious to neighborhood improvements [§15.6.7.B]. |
| Master Plan Alignment | The proposal cannot conflict with the purposes of Arlington County master plans or land use policies [§15.6.7.C]. |
Required Findings for BZA Actions
The Arlington County Board of Zoning Appeals is prohibited from approving a use permit or modification unless it makes specific findings regarding the impact on the community. It must be determined that the proposal will not affect the health or safety of persons residing or working in the neighborhood and will not be in conflict with the master plans of Arlington County [§15.6.7].
Time Limits on Variances
Any variance or use permit granted by the Arlington County Board of Zoning Appeals must be acted upon and put into effect within one year after the date of the grant. If the owner fails to act within this timeframe, the variance becomes null and void [§15.6.5].
Sections Cited
- §12.9.4.C (Commercial vehicle parking)
- §15.6.1 (Board of Zoning Appeals)
- §15.6.4 (Variances)
- §15.6.5 (Time limits)
- §15.6.6 (Use permits)
- §15.6.7 (Required findings)
- §15.6.8 (Approval criteria)