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Planning commission backs text amendment to direct nonconforming-structure variances to BZA; legal question remains
Virginia Beach Planning Commission · November 12, 2025
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Summary
The commission recommended that variances related to nonconforming structures be heard by the Board of Zoning Appeals, citing alignment with state code, while asking staff and the city attorney to clarify statutory interpretation of VA Code 15.2‑2309.
Planning staff presented a proposed text amendment on Nov. 12 to clarify how the city handles variances for nonconforming structures. The change would direct requests to alter nonconforming structures (for example to add a second story or an addition that encroaches into a setback) to the Board of Zoning Appeals (BZA)…
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