Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Nonconforming Structures topic
No spam. Unsubscribe anytime.
Planning commission backs text amendment to direct nonconforming-structure variances to BZA; legal question remains
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) rather than to City Council.
Staff explained the amendment would align local practice with state code and existing procedures used by staff in recent years. Commissioners raised a statutory interpretation question: whether the language in Virginia Code that lists BZA powers (cited in the hearing as 15.2‑2309) creates a mandatory duty for the BZA to hear such cases or simply authorizes it to do so. City Attorney (speaker 21) agreed to provide additional legal clarification and case-law context for City Council.
Attorney Eddie Berdan told commissioners that historically the BZA has heard structural variance cases for nonconforming structures in Virginia Beach and argued for the amendment as consistent with past practice and state law. After discussion the commission voted to recommend approval of the text amendment; the recorded recommendation was 9–1 in favor.
The change is a recommendation to City Council, which must adopt the amendment for it to take effect.
