Cumberland panel adopts zoning‑appeals changes to align county ordinance with Virginia code

The Cumberland County Board of Supervisors on July 8 approved code amendment 24‑05 to update the county zoning appeals chapter and bring local ordinance language into accord with the 2022 revisions in the Virginia Code.

Planning staff explained the amendment replaces older local language with verbatim or closely matching state code text in several areas: the definition of a variance now explicitly includes height, size, area, bulk and location of buildings and structures; the amendment clarifies that the burden of proof for a variance rests with the applicant and that decisions should be based on a preponderance of the evidence; it adds that a variance may be granted when strict application of the ordinance would ‘‘unreasonably restrict the utilization of the property’’ and when the hardship is attributable to physical conditions present on the property at the time the ordinance became effective or when a reasonable modification is necessary for a person with a disability. The amendment also updated notice and appeal procedures and clarified certiorari review language for circuit court challenges to BZA decisions.

Planning staff stressed that the proposed local changes mirror state code wording and do not add new local standards beyond the state requirements. The board held a public hearing and then approved the amendment by recorded vote.

The change affects how applicants present variance requests to the BZA and how the county documents notices of violation; it also clarifies that once a structure is lawfully built under a variance it is treated as conforming for that dimensional relief unless further expansion is proposed.

County staff said the revised ordinance language was reviewed by county counsel and that the clean ordinance and redline were included in the board packet.