A zoning variance is permission from a local Board of Zoning Appeals (BZA) to break one zoning rule on one property, such as a setback, lot width or height limit. It is not easy to get. You must show a hardship tied to the land, not just that you want a bigger house, and the board holds a public hearing first. If you are a buyer planning an addition, fence, shed or garage, check the rules before you close, not after.
Below is how a variance works in the City of Richmond, Chesterfield and Henrico, from each locality’s own pages. This is general information, not legal advice. Ask a Virginia real estate attorney about a specific property.
What a variance is, and what the state requires
Virginia’s Code of Virginia section 15.2-2309 lists what a BZA does. It hears appeals of zoning decisions, grants variances, and hears special exceptions. It cannot rezone property. For a variance, the applicant must prove the case by a preponderance of the evidence. The board may approve when strict application would unreasonably restrict use of the property, or when a physical condition of the property creates a hardship, and it must also find these:
- The applicant bought the property in good faith and did not create the hardship.
- The variance does not substantially harm nearby property.
- The situation is not so common that the rule itself should change.
- It does not allow a use the zoning bars, and it is not a rezoning.
- A special exception or zoning modification was not available when the application was filed.
The board can add conditions. Hearings require public notice. That list is why “I want a two-car garage” does not qualify on its own, and why a buyer who sees a tight lot should ask questions early.
How the process runs in each locality
| Locality | How to start | Fee on the page | Numbers on the page |
|---|---|---|---|
| City of Richmond | BZA application, or an administrative variance for certain yard rules | Administrative variance $100; BZA hearing after an objection $175 | 21-day objection period for adjoining owners on an administrative variance |
| Chesterfield County | Call Planning, pre-application meeting, then online application | The page lists no variance fee | Notice at least 21 days before the first hearing; 30 days to appeal a denial to Circuit Court; 12 months before reapplying |
| Henrico County | Variance form with site plan | $300 | Two copies of the site plan; six questions on the form |
City of Richmond
Richmond’s BZA application form asks for the address, tax parcel, zoning district and the ordinance sections involved. It cites Section 17.20 of the City Charter, Code of Virginia section 15.2-2309.2 and Section 1040.3 of the zoning ordinance. The Board Secretary assigns a case number and hearing date, and the applicant or a representative must be at the hearing.
For smaller yard issues there is a shortcut. The City’s administrative variance page says the Zoning Administrator, not the BZA, can decide some setback requests. They include interior side and rear yards for single-family and two-family homes, and certain yards for additions. The fee is $100. Adjoining owners get 21 days from the notice to object. If one objects in writing, the Zoning Administrator cannot approve it, and the owner can start a BZA hearing with a new application and a $175 fee.
Chesterfield County
Chesterfield’s BZA petitions page sets out the steps. Call Planning at 804-748-1050, meet a case manager, submit through the county’s online portal, and wait for a staff site visit and report. The county advertises, mails notices to adjacent owners and posts a sign at least 21 days before the first public hearing. Then you or a representative must present at the hearing. The board can approve with conditions, deny or defer. If it denies, you can appeal to Circuit Court within 30 days or reapply after 12 months. The page gives examples of hardship such as exceptional narrowness, shallowness, size or topography. Variances here include height, lots without public road frontage and lot width.
Henrico County
Henrico’s variance application costs $300, which partly covers advertising and review. It asks for two copies of a site plan showing the lot, the proposed structure and the existing structures with their setbacks, plus floor plans and elevations if you are building. The form asks six questions, including about physical hardship, a hardship you created yourself, and effects on nearby property. The county advertises, mails notices to adjoining owners, posts a sign, and the representative must attend. The fee is not refundable after the advertisement runs. Henrico also lists the same state-law tests, including that the relief cannot be available by a conditional use permit or special exception.
Send us the address before you plan the project
If you have a lot in mind for an addition, garage, shed or fence, send us the address. We will help you pull the survey and ask the zoning office about setbacks before you write an offer. Set up a saved search in the areas you picked at the same time.
Why this belongs before you offer
Zoning rules attach to the lot, not to the buyer. A fence, shed or garage that looks routine can still sit inside a required setback, and the person who owns the lot when the problem surfaces is the one who has to fix it. Ask the locality in writing what the district allows and where on the lot it allows it. Then compare that answer to the survey.
A variance is decided case by case, so it is a risk you take on, not a promise. An approval can add conditions. A denial can leave you with the house and no addition. For that reason:
- Get the survey. It shows where the house sits against the lot lines. Our inspection guide covers what else to line up before closing.
- Ask the zoning office what is allowed for the structure you want, by district, before you assume it.
- Ask about past variances on the address. A variance already granted may shape what you can add.
- Write your plans into your contract timeline. Have your agent explain what a due diligence period can and cannot cover. Our buyer representation guide explains how we work.
If you plan to rebuild rather than add on, read what to check before buying a house to tear down. Buyers in Short Pump, Midlothian and the Fan all deal with different locality rules, so check the rules of the place you buy. When you are ready, look at current listings, or use our preferred lenders page to price a renovation loan.
Send us the address before you plan the project
Send us the address and we will help you request the survey and ask the zoning office about setbacks before you write an offer. A saved search for the areas you want comes with it.
Frequently asked questions
Who sits on Chesterfield’s Board of Zoning Appeals?
Chesterfield’s BZA page says it is a citizen board appointed by the Circuit Court, with five members on staggered five-year terms. It meets the first Wednesday of each month at noon at 10001 Iron Bridge Road, Chesterfield.
What is a special exception, and is it the same as a variance?
No. A variance relaxes a zoning rule for a property with a hardship. A special exception is a use the ordinance allows with board approval. Chesterfield’s BZA page gives temporary manufactured homes and private kennels as examples. The state code lists both powers separately.
Can the Richmond fee be waived?
Richmond’s BZA form has a fee waiver yes or no box but gives no rules for it. Ask Zoning Administration at (804) 646-6340.
What happens inside Henrico after I apply?
Henrico’s staff circulates the application to county agencies such as Public Works and Fire Safety, writes a report that recommends approval or denial, often with conditions, and sends it to the BZA hearing. Henrico’s sample agendas show the board can defer a case if no one attends for the applicant.
Can I get money back if I withdraw in Henrico?
Henrico’s form says the county may refund part of the $300 if you withdraw before the advertisement is published. After it runs, the fee is not refundable.
What does Chesterfield charge to appeal a staff decision?
The county’s petitions page lists a $700 non-refundable fee for appeals to the BZA. It lists no fee for variance petitions, so ask Planning at the pre-application meeting.
Does the applicant have to go to the hearing?
Yes, in all three places you or a representative must attend. Richmond’s form says the applicant must be present. Chesterfield and Henrico also require someone to present the request.
Can neighbors speak?
Yes. Chesterfield and Henrico say interested parties may speak for or against a request, and Henrico also accepts written comments.
Is there a variance for a disability modification?
Yes. Henrico’s application lists a reasonable modification for a person with a disability as one basis, and the state code treats disability modifications as a qualifying ground.
What if my neighbor objects to a Richmond administrative variance?
A written objection from an adjoining owner means the Zoning Administrator cannot approve it. You can still go to a BZA hearing with a new application and a $175 fee.
