A Variance is a request to vary certain requirements of the Zoning Ordinance where, due to special conditions of the property, strict enforcement of the Ordinance would, among other standards, effectively prohibit or unreasonably restrict all reasonable use of the property.  Variance applications may be submitted for consideration by the Board of Zoning Appeals when the Zoning Administrator had determined that a particular provision of the Zoning Ordinance cannot be met.  Variances allow a deviation from Zoning Ordinance provisions regulating items such as size or area of a lot or the location of a building or structure due to unique or special characteristics of the property. Regulations related to variances are found in Section 13-400 of the Fauquier County Zoning Ordinance.

Potential applicants are strongly encouraged to meet with Zoning Staff prior to submission to discuss their variance application. 

Submission Requirements

• In accordance with Virginia Code § 15.2-2286(B) and Fauquier County Zoning Ordinance § 13-108, all delinquent real-estate taxes and other liens must be paid in full prior to acceptance and processing of the application.
• Land Development Application with original signatures
• Statement of Justification, addressing the standards in Zoning Ordinance Section 13-404
• Fee: $550 (includes technology fee)
• Contact the Zoning Administrator for the number of copies of the plat (to scale, not to exceed 24" x 36") that need to be submitted. The plat should show existing conditions and all required and proposed setbacks.
• Flash Drive containing individual PDFs of all submission materials - do not include any financial information (i.e. copy of checks or the fee calculation sheet)

Note: Variances require posting. Obtain posting affidavit information here. The completed affidavit shall be filed with the Department of Community Development within three days after posting of the property.