BZA receives training on appeals and variances from county counsel

The Caroline County Board of Zoning Appeals received a procedural training on appeals and variances from attorney Tracy Galler of Sands Anderson at its Oct. 16, 2025 meeting. Galler, counsel to county staff, briefed the board on the BZA’s quasi-judicial role, hearing protocol, and the standards the board must apply when deciding appeals and variance requests.

Galler emphasized that appeals typically challenge determinations by a zoning administrator and that, under the Code of Virginia and the county zoning ordinance, the zoning administrator’s determination is presumed correct. She told the board the appellant bears the burden of overcoming that presumption by a preponderance of the evidence (more likely than not). Both sides must be afforded equal time to present their cases; written staff and applicant materials will normally be provided before the hearing.

On appeals, Galler reviewed procedure and timing: hearings must be advertised in accordance with the Code of Virginia, ex parte communications with parties are prohibited, and if materials are provided to the board their distribution to the opposing side must occur within three days. She noted the BZA should make factual findings on the record and base decisions on the evidence and applicable ordinances rather than substituting the board’s policy preferences for those of the legislative body (the Board of Supervisors).

Galler also reviewed variance law and criteria. Variances apply to physical requirements (setbacks, height, lot area, impervious surface) rather than uses, and a variance is appropriate only when the strict application of the ordinance unreasonably restricts utilization of the property and the need is not generally shared by other properties. She reviewed required findings and explained that some criteria are conjunctive: the board must find at least one of the hardship tests is met and must also find the variance meets all five additional statutory factors (e.g., hardship not created by applicant; not a substantial detriment to adjacent properties; relief not available through other processes).

Galler advised the board on voting thresholds: a concurring vote of a majority of the board is required to overrule an administrator or to grant a variance — in a full seven-member board that requires four affirmative votes. She also noted the board has 90 days from filing of an appeal to issue a decision unless the parties agree to extend the time.

Board members asked clarifying questions about presumption of correctness, constitutional arguments, due process and practical mechanics for crafting motions. Galler said constitutional challenges to an ordinance or enforcement are for courts to resolve and cautioned the BZA to confine its deliberations to the zoning administrator’s determination and the county ordinance in question. Members asked for the slides and materials; Galler and staff said the slides would be emailed and printed copies could be provided.

Why it matters: The training reinforces legal standards and procedural safeguards the BZA must follow when adjudicating appeals and variances; it also signals forthcoming staff work to provide worksheets and pattern motions to aid consistent decision-making and record-keeping.

Next steps: Staff and counsel will prepare variance worksheets and example motions for future hearings, circulate Galler’s slides to members, and continue to support the board’s procedural needs. The board introduced its new zoning technician, Rebecca Bradford, who will assist with scheduling and packet distribution.