{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2311.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2311.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2311.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2311.html"}],"law_id":68867,"edition_id":1,"section_id":68867,"structure_id":12775,"section_number":"15.2-2311","catch_line":"Appeals to board","history":"1975, c. 521, \u00a7 15.1-496.1; 1983, c. 12; 1993, c. 780; 1995, c. 424; 1997, c.; 2005, cc. 625, 677; 2008, c. 378; 2010, c. 241; 2011, c. 457; 2012, cc. 400, 550, 606; 2017, c. 665; 2019, c. 387; 2025, c. 512.","full_text":"A\n\nAn appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the locality affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article, any ordinance adopted pursuant to this article, or any modification of zoning requirements pursuant to § 15.2-2286. Notwithstanding any charter provision to the contrary, any written notice of a zoning violation or a written order of the zoning administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this section, and that the decision shall be final and unappealable if not appealed within 30 days. The zoning violation or written order shall include the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The appeal period shall not commence until the statement is given and the zoning administrator’s written order is sent by registered or certified mail with proof of delivery to, or posted at, the last known address or usual place of abode of the property owner or its registered agent, if any. There shall be a rebuttable presumption that the property owner’s last known address is that shown on the current real estate tax assessment records, or the address of a registered agent that is shown in the records of the Clerk of the State Corporation Commission. The appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. The fee for filing an appeal shall not exceed the costs of advertising the appeal for public hearing and reasonable costs. A decision by the board on an appeal taken pursuant to this section shall be binding upon the owner of the property that is the subject of such appeal only if the owner of such property has been provided notice of the zoning violation or written order of the zoning administrator in accordance with this section. The owner’s actual notice of such notice of zoning violation or written order or active participation in the appeal hearing shall waive the owner’s right to challenge the validity of the board’s decision due to failure of the owner to receive the notice of zoning violation or written order. For jurisdictions that impose civil penalties for violations of the zoning ordinance, any such civil penalty shall not be assessed by a court having jurisdiction during the pendency of the 30-day appeal period.B\n\nAn appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.C\n\nIn no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification or reversal by any zoning administrator or other administrative officer after 60 days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator or other administrative officer unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or other administrative officer or through fraud. The 60-day limitation period shall not apply in any case where, with the concurrence of the attorney for the governing body, modification is required to correct clerical errors.D\n\nIn any appeal taken pursuant to this section, if the board’s attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal.","order_by":null,"text":{"0":{"id":249303,"text":"An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the locality affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article, any ordinance adopted pursuant to this article, or any modification of zoning requirements pursuant to § 15.2-2286. Notwithstanding any charter provision to the contrary, any written notice of a zoning violation or a written order of the zoning administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this section, and that the decision shall be final and unappealable if not appealed within 30 days. The zoning violation or written order shall include the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The appeal period shall not commence until the statement is given and the zoning administrator’s written order is sent by registered or certified mail with proof of delivery to, or posted at, the last known address or usual place of abode of the property owner or its registered agent, if any. There shall be a rebuttable presumption that the property owner’s last known address is that shown on the current real estate tax assessment records, or the address of a registered agent that is shown in the records of the Clerk of the State Corporation Commission. The appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. The fee for filing an appeal shall not exceed the costs of advertising the appeal for public hearing and reasonable costs. A decision by the board on an appeal taken pursuant to this section shall be binding upon the owner of the property that is the subject of such appeal only if the owner of such property has been provided notice of the zoning violation or written order of the zoning administrator in accordance with this section. The owner’s actual notice of such notice of zoning violation or written order or active participation in the appeal hearing shall waive the owner’s right to challenge the validity of the board’s decision due to failure of the owner to receive the notice of zoning violation or written order. For jurisdictions that impose civil penalties for violations of the zoning ordinance, any such civil penalty shall not be assessed by a court having jurisdiction during the pendency of the 30-day appeal period.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":249304,"text":"An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":249305,"text":"In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification or reversal by any zoning administrator or other administrative officer after 60 days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator or other administrative officer unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or other administrative officer or through fraud. The 60-day limitation period shall not apply in any case where, with the concurrence of the attorney for the governing body, modification is required to correct clerical errors.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":249306,"text":"In any appeal taken pursuant to this section, if the board’s attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12775,"edition_id":1,"name":"Zoning","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":155213,"object_type":"structure","relational_id":12775,"identifier":"7","token":"15.2\/II\/22\/7","url":"\/15.2\/II\/22\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56618,"structure_id":12775,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","url":"\/15.2-2280\/","token":"15.2\/II\/22\/7\/15.2-2280","metadata":false},{"id":56632,"structure_id":12775,"section_number":"15.2-2281","catch_line":"Jurisdiction of localities","url":"\/15.2-2281\/","token":"15.2\/II\/22\/7\/15.2-2281","metadata":false},{"id":72266,"structure_id":12775,"section_number":"15.2-2282","catch_line":"Regulations to be uniform","url":"\/15.2-2282\/","token":"15.2\/II\/22\/7\/15.2-2282","metadata":false},{"id":73825,"structure_id":12775,"section_number":"15.2-2283","catch_line":"Purpose of zoning ordinances","url":"\/15.2-2283\/","token":"15.2\/II\/22\/7\/15.2-2283","metadata":false},{"id":70348,"structure_id":12775,"section_number":"15.2-2283.1","catch_line":"Prohibition of sexual offender treatment office in residentially zoned subdivision","url":"\/15.2-2283.1\/","token":"15.2\/II\/22\/7\/15.2-2283.1","metadata":false},{"id":55641,"structure_id":12775,"section_number":"15.2-2284","catch_line":"Matters to be considered in drawing and applying zoning ordinances and districts","url":"\/15.2-2284\/","token":"15.2\/II\/22\/7\/15.2-2284","metadata":false},{"id":62867,"structure_id":12775,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; 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This law was first created in 1975. The record of its establishment is cataloged in chapter 521 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1983, chapter 12; in 1993, chapter 780; in 1995, chapter 424<\/a>; in 2005, chapters 625<\/a> and 677<\/a>; in 2008, chapter 378<\/a>; in 2010, chapter 241<\/a>; in 2011, chapter 457<\/a>; in 2012, chapters 400<\/a>, 550<\/a>, and 606<\/a>; in 2017, chapter 665<\/a>; in 2019, chapter 387<\/a>; in 2025, chapter 512<\/a>.<\/p>","references":[{"id":73996,"section_number":"15.2-2204","catch_line":"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments","order_by":null,"url":"\/15.2-2204\/"},{"id":67238,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","order_by":null,"url":"\/15.2-2286\/"}],"refers_to":[{"id":67238,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","order_by":null,"url":"\/15.2-2286\/"}],"permalink":{"id":155455,"object_type":"law","relational_id":68867,"identifier":"15.2-2311","token":"15.2\/II\/22\/7\/15.2-2311","url":"\/15.2-2311\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2311\/","token":"15.2\/II\/22\/7\/15.2-2311","dublin_core":{"Title":"Appeals to board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2311","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the locality<\/span> affected by any decision of the zoning<\/span> administrator or from any order<\/span>, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article, any ordinance<\/span> adopted pursuant to this article, or any modification of zoning<\/span> requirements pursuant to § 15.2-2286<\/a>. Notwithstanding any charter provision to the contrary, any written notice of a zoning<\/span> violation or a written order<\/span> of the zoning<\/span> administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning<\/span> violation or a written order<\/span> within 30 days in accordance with this section, and that the decision shall be final and unappealable if not appealed within 30 days. The zoning<\/span> violation or written order<\/span> shall include the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The appeal period shall not commence until the statement is given and the zoning<\/span> administrator’s written order<\/span> is sent by registered or certified mail with proof of delivery to, or posted at, the last known address or usual place of abode of the property owner or its registered agent, if any. There shall be a rebuttable presumption<\/span> that the property owner’s last known address is that shown on the current real estate tax assessment records, or the address of a registered agent that is shown in the records of the Clerk of the State Corporation Commission. The appeal shall be taken within 30 days after the decision appealed from by filing with the zoning<\/span> administrator, and with the board, a notice of appeal<\/span> specifying the grounds thereof. The zoning<\/span> administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. The fee for filing an appeal shall not exceed the costs of advertising the appeal for public hearing<\/span> and reasonable costs. A decision by the board on an appeal taken pursuant to this section shall be binding upon the owner of the property that is the subject of such appeal only if the owner of such property has been provided notice of the zoning<\/span> violation or written order<\/span> of the zoning<\/span> administrator in accordance with this section. The owner’s actual notice of such notice of zoning<\/span> violation or written order<\/span> or active participation in the appeal hearing<\/span> shall waive<\/span> the owner’s right to challenge the validity of the board’s decision due to failure of the owner to receive the notice of zoning<\/span> violation or written order<\/span>. For jurisdictions<\/span> that impose civil penalties for violations of the zoning<\/span> ordinance<\/span>, any such civil penalty<\/span> shall not be assessed by a court<\/span> having jurisdiction<\/span> during the pendency of the 30-day appeal period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An appeal shall stay<\/span> all proceedings in furtherance of the action appealed from unless the zoning<\/span> administrator certifies to the board that by reason of facts<\/span> stated in the certificate a stay<\/span> would in his opinion<\/span> cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order<\/span> granted by the board or by a court<\/span> of record, on application and on notice to the zoning<\/span> administrator and for good cause shown. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In no event shall a written order<\/span>, requirement, decision or determination made by the zoning<\/span> administrator or other administrative officer be subject to change, modification or reversal by any zoning<\/span> administrator or other administrative officer after 60 days have elapsed from the date of the written order<\/span>, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning<\/span> administrator or other administrative officer unless it is proven that such written order<\/span>, requirement, decision or determination was obtained through malfeasance of the zoning<\/span> administrator or other administrative officer or through fraud<\/span>. The 60-day limitation period shall not apply in any case where, with the concurrence of the attorney for the governing body<\/span>, modification is required to correct clerical errors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any appeal taken pursuant to this section, if the board’s attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEALS TO BOARD (\u00a7 15.2-2311)\n\nA. An appeal to the board may be taken by any person aggrieved or by any\nofficer, department, board or bureau of the locality affected by any decision of\nthe zoning administrator or from any order, requirement, decision or\ndetermination made by any other administrative officer in the administration or\nenforcement of this article, any ordinance adopted pursuant to this article, or\nany modification of zoning requirements pursuant to § 15.2-2286.\nNotwithstanding any charter provision to the contrary, any written notice of a\nzoning violation or a written order of the zoning administrator dated on or\nafter July 1, 1993, shall include a statement informing the recipient that he\nmay have a right to appeal the notice of a zoning violation or a written order\nwithin 30 days in accordance with this section, and that the decision shall be\nfinal and unappealable if not appealed within 30 days. The zoning violation or\nwritten order shall include the applicable appeal fee and a reference to where\nadditional information may be obtained regarding the filing of an appeal. The\nappeal period shall not commence until the statement is given and the zoning\nadministrator’s written order is sent by registered or certified mail with\nproof of delivery to, or posted at, the last known address or usual place of\nabode of the property owner or its registered agent, if any. There shall be a\nrebuttable presumption that the property owner’s last known address is\nthat shown on the current real estate tax assessment records, or the address of\na registered agent that is shown in the records of the Clerk of the State\nCorporation Commission. The appeal shall be taken within 30 days after the\ndecision appealed from by filing with the zoning administrator, and with the\nboard, a notice of appeal specifying the grounds thereof. The zoning\nadministrator shall forthwith transmit to the board all the papers constituting\nthe record upon which the action appealed from was taken. The fee for filing an\nappeal shall not exceed the costs of advertising the appeal for public hearing\nand reasonable costs. A decision by the board on an appeal taken pursuant to\nthis section shall be binding upon the owner of the property that is the subject\nof such appeal only if the owner of such property has been provided notice of\nthe zoning violation or written order of the zoning administrator in accordance\nwith this section. The owner’s actual notice of such notice of zoning\nviolation or written order or active participation in the appeal hearing shall\nwaive the owner’s right to challenge the validity of the board’s\ndecision due to failure of the owner to receive the notice of zoning violation\nor written order. For jurisdictions that impose civil penalties for violations\nof the zoning ordinance, any such civil penalty shall not be assessed by a court\nhaving jurisdiction during the pendency of the 30-day appeal period.\n\nB. An appeal shall stay all proceedings in furtherance of the action appealed\nfrom unless the zoning administrator certifies to the board that by reason of\nfacts stated in the certificate a stay would in his opinion cause imminent peril\nto life or property, in which case proceedings shall not be stayed otherwise\nthan by a restraining order granted by the board or by a court of record, on\napplication and on notice to the zoning administrator and for good cause shown.\n\nC. In no event shall a written order, requirement, decision or determination\nmade by the zoning administrator or other administrative officer be subject to\nchange, modification or reversal by any zoning administrator or other\nadministrative officer after 60 days have elapsed from the date of the written\norder, requirement, decision or determination where the person aggrieved has\nmaterially changed his position in good faith reliance on the action of the\nzoning administrator or other administrative officer unless it is proven that\nsuch written order, requirement, decision or determination was obtained through\nmalfeasance of the zoning administrator or other administrative officer or\nthrough fraud. The 60-day limitation period shall not apply in any case where,\nwith the concurrence of the attorney for the governing body, modification is\nrequired to correct clerical errors.\n\nD. In any appeal taken pursuant to this section, if the board’s attempt to\nreach a decision results in a tie vote, the matter may be carried over until the\nnext scheduled meeting at the request of the person filing the appeal.\n\nHISTORY: 1975, c. 521, \u00a7 15.1-496.1; 1983, c. 12; 1993, c. 780; 1995, c. 424;\n1997, c.; 2005, cc. 625, 677; 2008, c. 378; 2010, c. 241; 2011, c. 457; 2012,\ncc. 400, 550, 606; 2017, c. 665; 2019, c. 387; 2025, c. 512.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}