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 Virginia Beach
 Code of Ordinances
 Appendix C. SITE PLAN ORDINANCE

  § 7. Variances and appeals.  

Latest version.

  • 7.1.

    The city manager and his designee are authorized, upon appeal in specific cases, to grant a variance from the terms of the ordinance as will not be contrary to the public interest, when owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship, provided that the spirit of the ordinance shall be observed and substantial justice done, as follows:

    (1)

    Strict application of the terms of the ordinance will effectively prohibit or unreasonably restrict the use of the property.

    (2)

    Granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege.

    In authorizing a variance the city manager or his designee may impose such conditions as may be necessary in the public interest.

    7.2.

    It is further provided that any decision of the city manager or his designee may be modified, reversed or affirmed by the city council upon appeal by any aggrieved party to such decision, if such appeal is filed within thirty (30) days of such decision.

    7.3.

    Final decisions under this ordinance shall be subject to review by the appropriate court of record, if filed within thirty (30) days from the date of council action.

    7.4.

    Notwithstanding anything in this section to the contrary, variances and appeals arising from provisions of the Chesapeake Bay Preservation Area Ordinance [Appendix F] included or incorporated in this ordinance shall be in accordance with Section 110 or Section 111 of the Chesapeake Bay Preservation Area Ordinance, as the case may be.

    7.5 Notwithstanding anything in this section to the contrary, variances and appeals arising from provisions of the Stormwater Management Ordinance [Appendix D] included or incorporated in this ordinance shall be in accordance with the applicable provisions of the Stormwater Management Ordinance [Appendix D].

    (Ord. No. 641; Ord. No. 1927, 10-23-89; Ord. No. 2009, 11-6-90; Ord. No. 2795, 12-9-03; Ord. No. 3340, 4-22-14, eff. 7-1-14)

(Ord. No. 641; Ord. No. 1927, 10-23-89; Ord. No. 2009, 11-6-90; Ord. No. 2795, 12-9-03; Ord. No. 3340, 4-22-14, eff. 7-1-14)