Arlington County Zoning Variance Application Process
To apply for a zoning variance in Arlington County, an applicant must file a written application with the Arlington County Zoning Administrator to be heard by the Arlington County Board of Zoning Appeals (BZA). The Arlington County Board of Zoning Appeals evaluates the request based on the spirit of the Arlington County Zoning Ordinance, public safety, and substantial justice, specifically ensuring the proposal does not conflict with County master plans or adversely impact the health and safety of the surrounding neighborhood. Any approved variance must be acted upon and put into effect within one year of the grant date, or it will be rendered null and void [§15.6.2, §15.6.5].
The Board of Zoning Appeals (BZA)
The Arlington County Board of Zoning Appeals is established according to the powers and responsibilities described in the Code of the Commonwealth of Virginia [§15.6.1]. The Arlington County Board of Zoning Appeals has the authority to grant variances from the Arlington County Zoning Ordinance as long as the spirit of the ordinance is observed and public safety is secured [§15.6.4].
Application Requirements
Applicants seeking a variance must follow a specific administrative procedure to ensure their request is considered by the Arlington County Board of Zoning Appeals.
1. Written Filing
All applications for a variance must be filed in writing with the Arlington County Zoning Administrator [§15.6.2]. This submittal initiates the official review process.
2. Disclosure of Ownership
Every applicant for a variance must file a complete disclosure of the equitable ownership of the real estate affected. For corporate ownership, this includes the names of officers, directors, and stockholders, unless the corporation has more than 500 shareholders and is traded on a national or local stock exchange [§15.1.4].
3. Application Fees
Applications must be accompanied by the appropriate fee as adopted by the Arlington County Board [§15.1.5]. If an application for a Board of Zoning Appeals permit is withdrawn within 30 days after submittal and before County staff commences review, 50 percent of the filing fee may be refunded [§15.1.5.B.1(c)].
Public Notification and Scheduling
Once an application is submitted, it undergoes a sufficiency review and is scheduled for a hearing.
- Hearing Date: The Arlington County Board of Zoning Appeals determines the time and date of the public hearing [§15.6.3].
- Advertising: Notice of the variance application must be provided to the public. This includes posting one placard on the subject property and at least four additional placards in the surrounding area, detailing the property designation and the time and place of the hearing [§15.1.3].
Evaluation Criteria and Required Findings
The Arlington County Board of Zoning Appeals cannot approve a variance unless specific legal and compatibility standards are met.
| Standard Category | Required Finding or Criteria |
|---|---|
| Public Welfare | The proposal will not be detrimental to the public welfare or injurious to property and improvements in the neighborhood [§15.6.7.B]. |
| Neighborhood Impact | The proposal will not adversely affect the health or safety of persons residing in the neighborhood [§15.6.7.A]. |
| Planning Consistency | The proposal is not in conflict with the purposes of Arlington County master plans or land use and zoning-related policies [§15.6.7.C]. |
| Compatibility | The structure’s overall footprint size and placement must be similar to structures on surrounding properties [§15.6.8]. |
| Environmental/Historical | The modification must help preserve natural landforms, significant trees, foliage, and historical features [§15.6.8]. |
Decision and Validity
After the public hearing and recommendation phases, the Arlington County Board of Zoning Appeals takes final action on the variance.
Continuance of Nonconforming Uses
The Arlington County Board of Zoning Appeals may permit a nonconforming use to continue in a conforming building if it finds the use is not detrimental to the neighborhood (considering traffic, parking, noise, etc.), involves no wholesale or retail merchandising, and that stopping the use would cause undue hardship on the owner [§15.6.4.B].
Time Limits and Expiration
Variance approvals are temporary if they are not utilized promptly.
| Administrative Action | Time Limit / Requirement |
|---|---|
| Effective Period | A variance must be acted upon and put into effect within one year after the date of the grant [§15.6.5]. |
| Expiration | If not put into effect within one year, the variance becomes null and void [§15.6.5]. |
| Re-application | No application for a use permit for the same lot shall be considered within 360 days of the last consideration by the Arlington County Board [§15.4.6]. |
Sections Cited
- Section 15.1: Common Procedures
- Section 15.1.3: Advertising (public notification)
- Section 15.1.4: Proof of ownership
- Section 15.1.5: Fees
- Section 15.4.6: Time lapse between similar applications
- Section 15.6: Board of Zoning Appeals; Appeals and Variances
- Section 15.6.1: Board of Zoning Appeals
- Section 15.6.2: Appeals
- Section 15.6.3: Hearing date
- Section 15.6.4: Variances
- Section 15.6.5: Time limits
- Section 15.6.7: Required findings
- Section 15.6.8: Approval criteria