{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2314.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2314.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2314.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2314.html"}],"law_id":64121,"edition_id":1,"section_id":64121,"structure_id":12775,"section_number":"15.2-2314","catch_line":"Certiorari to review decision of board","history":"Code 1950, \u00a7\u00a7 15-834 through 15-839, 15-850, 15-958.11; 1950, p. 176; 1962, c. 407, \u00a7 15.1-497; 1975, c. 641; 1988, c. 856; 1994, c. 705; 1996, c. 450; 1997, c. 587; 2001, c. 422; 2003, c. 568; 2005, cc. 625, 677; 2006, c. 446; 2010, c. 241; 2015, c. 597; 2017, c. 661; 2020, c. 86.","full_text":"Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the locality, may file with the clerk of the circuit court for the county or city a petition that shall be styled “In Re: date Decision of the Board of Zoning Appeals of [locality name]” specifying the grounds on which aggrieved within 30 days after the final decision of the board.\n\t\tUpon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the secretary of the board of zoning appeals or, if no secretary exists, the chair of the board of zoning appeals, which shall not be less than 10 days and may be extended by the court. Once the writ of certiorari is served, the board of zoning appeals shall have 21 days or as ordered by the court to respond. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.\n\t\tAny review of a decision of the board shall not be considered an action against the board and the board shall not be a party to the proceedings; however, the board shall participate in the proceedings to the extent required by this section. The governing body, the landowner, and the applicant before the board of zoning appeals shall be necessary parties to the proceedings in the circuit court. The court may permit intervention by any other person or persons jointly or severally aggrieved by any decision of the board of zoning appeals.\n\t\tThe board of zoning appeals shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of the portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.\n\t\tThe court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.\n\t\tIn the case of an appeal from the board of zoning appeals to the circuit court of an order, requirement, decision or determination of a zoning administrator or other administrative officer in the administration or enforcement of any ordinance or provision of state law, or any modification of zoning requirements pursuant to \u00a7 15.2-2286, the findings and conclusions of the board of zoning appeals on questions of fact shall be presumed to be correct. The appealing party may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision. Any party may introduce evidence in the proceedings in the court. The court shall hear any arguments on questions of law de novo.\n\t\tIn the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted an application for a variance, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision.\n\t\tIn the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted application for a special exception, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by showing to the satisfaction of the court that the board of zoning appeals applied erroneous principles of law, or where the discretion of the board of zoning appeals is involved, the decision of the board of zoning appeals was plainly wrong, was in violation of the purpose and intent of the zoning ordinance, and is not fairly debatable.\n\t\tIn the case of an appeal from the board of zoning appeals to the circuit court of a decision of the board, any party may introduce evidence in the proceedings in the court in accordance with the Rules of Evidence of the Supreme Court of Virginia.\n\t\tCosts shall not be allowed against the locality or the governing body, unless it shall appear to the court that the locality or the governing body acted in bad faith or with malice. In the event the decision of the board is affirmed and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making the return of the record pursuant to the writ of certiorari. If the petition is withdrawn subsequent to the filing of the return, the locality or the governing body may request that the court hear the matter on the question of whether the appeal was frivolous.","order_by":null,"text":{"0":{"id":233451,"text":"Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the locality, may file with the clerk of the circuit court for the county or city a petition that shall be styled “In Re: date Decision of the Board of Zoning Appeals of [locality name]” specifying the grounds on which aggrieved within 30 days after the final decision of the board.\n\t\tUpon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the secretary of the board of zoning appeals or, if no secretary exists, the chair of the board of zoning appeals, which shall not be less than 10 days and may be extended by the court. Once the writ of certiorari is served, the board of zoning appeals shall have 21 days or as ordered by the court to respond. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.\n\t\tAny review of a decision of the board shall not be considered an action against the board and the board shall not be a party to the proceedings; however, the board shall participate in the proceedings to the extent required by this section. The governing body, the landowner, and the applicant before the board of zoning appeals shall be necessary parties to the proceedings in the circuit court. The court may permit intervention by any other person or persons jointly or severally aggrieved by any decision of the board of zoning appeals.\n\t\tThe board of zoning appeals shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of the portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.\n\t\tThe court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.\n\t\tIn the case of an appeal from the board of zoning appeals to the circuit court of an order, requirement, decision or determination of a zoning administrator or other administrative officer in the administration or enforcement of any ordinance or provision of state law, or any modification of zoning requirements pursuant to \u00a7 15.2-2286, the findings and conclusions of the board of zoning appeals on questions of fact shall be presumed to be correct. The appealing party may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision. Any party may introduce evidence in the proceedings in the court. The court shall hear any arguments on questions of law de novo.\n\t\tIn the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted an application for a variance, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision.\n\t\tIn the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted application for a special exception, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by showing to the satisfaction of the court that the board of zoning appeals applied erroneous principles of law, or where the discretion of the board of zoning appeals is involved, the decision of the board of zoning appeals was plainly wrong, was in violation of the purpose and intent of the zoning ordinance, and is not fairly debatable.\n\t\tIn the case of an appeal from the board of zoning appeals to the circuit court of a decision of the board, any party may introduce evidence in the proceedings in the court in accordance with the Rules of Evidence of the Supreme Court of Virginia.\n\t\tCosts shall not be allowed against the locality or the governing body, unless it shall appear to the court that the locality or the governing body acted in bad faith or with malice. In the event the decision of the board is affirmed and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making the return of the record pursuant to the writ of certiorari. If the petition is withdrawn subsequent to the filing of the return, the locality or the governing body may request that the court hear the matter on the question of whether the appeal was frivolous.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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; appeal","url":"\/15.2-2285\/","token":"15.2\/II\/22\/7\/15.2-2285","metadata":false},{"id":67238,"structure_id":12775,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","url":"\/15.2-2286\/","token":"15.2\/II\/22\/7\/15.2-2286","metadata":false},{"id":74667,"structure_id":12775,"section_number":"15.2-2286.1","catch_line":"Provisions for clustering of single-family dwellings so as to preserve open space","url":"\/15.2-2286.1\/","token":"15.2\/II\/22\/7\/15.2-2286.1","metadata":false},{"id":86307,"structure_id":12775,"section_number":"15.2-2287","catch_line":"Localities may require oath regarding property interest of local officials","url":"\/15.2-2287\/","token":"15.2\/II\/22\/7\/15.2-2287","metadata":false},{"id":69029,"structure_id":12775,"section_number":"15.2-2287.1","catch_line":"Disclosures in land use proceedings","url":"\/15.2-2287.1\/","token":"15.2\/II\/22\/7\/15.2-2287.1","metadata":false},{"id":82837,"structure_id":12775,"section_number":"15.2-2288","catch_line":"Localities may not require a special use permit for certain agricultural activities","url":"\/15.2-2288\/","token":"15.2\/II\/22\/7\/15.2-2288","metadata":false},{"id":62984,"structure_id":12775,"section_number":"15.2-2288.01","catch_line":"Localities shall not require a special use permit for certain small-scale conversion of biomass to alternative fuel","url":"\/15.2-2288.01\/","token":"15.2\/II\/22\/7\/15.2-2288.01","metadata":false},{"id":63232,"structure_id":12775,"section_number":"15.2-2288.1","catch_line":"Localities may not require a special use permit for certain residential uses","url":"\/15.2-2288.1\/","token":"15.2\/II\/22\/7\/15.2-2288.1","metadata":false},{"id":54122,"structure_id":12775,"section_number":"15.2-2288.2","catch_line":"Localities may not require special use permit for certain temporary structures","url":"\/15.2-2288.2\/","token":"15.2\/II\/22\/7\/15.2-2288.2","metadata":false},{"id":81470,"structure_id":12775,"section_number":"15.2-2288.3","catch_line":"Licensed farm wineries; 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The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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 1962, chapter 407; in 1975, chapter 641; in 1988, chapter 856; in 1994, chapter 705<\/a>; in 1996, chapter 450<\/a>; in 1997, chapter 587<\/a>; in 2001, chapter 422<\/a>; in 2003, chapter 568<\/a>; in 2005, chapters 625<\/a> and 677<\/a>; in 2006, chapter 446<\/a>; in 2010, chapter 241<\/a>; in 2015, chapter 597<\/a>; in 2017, chapter 661<\/a>; in 2020, chapter 86<\/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\/"},{"id":60439,"section_number":"15.2-2308","catch_line":"Boards of zoning appeals to be created; membership, organization, etc","order_by":null,"url":"\/15.2-2308\/"},{"id":60938,"section_number":"15.2-2308.1","catch_line":"Boards of zoning appeals, ex parte communications, proceedings","order_by":null,"url":"\/15.2-2308.1\/"},{"id":59194,"section_number":"15.2-2316.4:1","catch_line":"Zoning; other wireless facilities and wireless support structures","order_by":null,"url":"\/15.2-2316.4_1\/"}],"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":155467,"object_type":"law","relational_id":64121,"identifier":"15.2-2314","token":"15.2\/II\/22\/7\/15.2-2314","url":"\/15.2-2314\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2314\/","token":"15.2\/II\/22\/7\/15.2-2314","dublin_core":{"Title":"Certiorari to review decision of board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2314","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any person or persons jointly or severally aggrieved by any decision of the board of zoning<\/span> appeals<\/span>, or any aggrieved taxpayer or any officer, department, board or bureau of the locality<\/span>, may file with the clerk of the circuit<\/span> court<\/span> for the county<\/span> or city<\/span> a petition<\/span> that shall be styled “In Re: date Decision of the Board of Zoning<\/span> Appeals<\/span> of [locality<\/span> name]” specifying the grounds on which aggrieved within 30 days after the final decision of the board.\n\t\tUpon the presentation of such petition<\/span>, the court<\/span> shall allow a writ of certiorari<\/span> to review the decision of the board of zoning<\/span> appeals<\/span> and shall prescribe therein the time within which a return thereto must be made and served upon the secretary of the board of zoning<\/span> appeals<\/span> or, if no secretary exists, the chair of the board of zoning<\/span> appeals<\/span>, which shall not be less than 10 days and may be extended by the court<\/span>. Once the writ of certiorari<\/span> is served, the board of zoning<\/span> appeals<\/span> shall have 21 days or as ordered by the court<\/span> to respond. The allowance of the writ shall not stay<\/span> proceedings upon the decision appealed from, but the court<\/span> may, on application, on notice to the board and on due cause shown, grant a restraining order<\/span>.\n\t\tAny review of a decision of the board shall not be considered an action against the board and the board shall not be a party<\/span> to the proceedings; however, the board shall participate in the proceedings to the extent required by this section. The governing body<\/span>, the landowner, and the applicant before the board of zoning<\/span> appeals<\/span> shall be necessary parties to the proceedings in the circuit<\/span> court<\/span>. The court<\/span> may permit intervention by any other person or persons jointly or severally aggrieved by any decision of the board of zoning<\/span> appeals<\/span>.\n\t\tThe board of zoning<\/span> appeals<\/span> shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of the portions thereof as may be called for by the writ. The return shall concisely set forth such other facts<\/span> as may be pertinent and material<\/span> to show the grounds of the decision appealed from and shall be verified.\n\t\tThe court<\/span> may reverse<\/span> or affirm<\/span>, wholly or partly, or may modify the decision brought up for review.\n\t\tIn the case of an appeal<\/span> from the board of zoning<\/span> appeals<\/span> to the circuit<\/span> court<\/span> of an order<\/span>, requirement, decision or determination of a zoning<\/span> administrator or other administrative officer in the administration or enforcement of any ordinance<\/span> or provision of state law<\/span>, or any modification of zoning<\/span> requirements pursuant to \u00a7 15.2-2286<\/a>, the findings<\/span> and conclusions of the board of zoning<\/span> appeals<\/span> on questions of fact<\/span> shall be presumed to be correct. The appealing party<\/span> may rebut that presumption<\/span> by proving by a preponderance of the evidence<\/span>, including the record before the board of zoning<\/span> appeals<\/span>, that the board of zoning<\/span> appeals<\/span> erred in its decision. Any party<\/span> may introduce evidence in the proceedings in the court<\/span>. The court<\/span> shall hear any arguments on questions of law<\/span> de novo<\/span>.\n\t\tIn the case of an appeal<\/span> by a person of any decision of the board of zoning<\/span> appeals<\/span> that denied or granted an application for a variance, the decision of the board of zoning<\/span> appeals<\/span> shall be presumed to be correct. The petitioner may rebut that presumption<\/span> by proving by a preponderance of the evidence<\/span>, including the record before the board of zoning<\/span> appeals<\/span>, that the board of zoning<\/span> appeals<\/span> erred in its decision.\n\t\tIn the case of an appeal<\/span> by a person of any decision of the board of zoning<\/span> appeals<\/span> that denied or granted application for a special exception<\/span>, the decision of the board of zoning<\/span> appeals<\/span> shall be presumed to be correct. The petitioner may rebut that presumption<\/span> by showing to the satisfaction of the court<\/span> that the board of zoning<\/span> appeals<\/span> applied erroneous principles of law<\/span>, or where the discretion of the board of zoning<\/span> appeals<\/span> is involved, the decision of the board of zoning<\/span> appeals<\/span> was plainly wrong, was in violation of the purpose and intent<\/span> of the zoning<\/span> ordinance<\/span>, and is not fairly debatable.\n\t\tIn the case of an appeal<\/span> from the board of zoning<\/span> appeals<\/span> to the circuit<\/span> court<\/span> of a decision of the board, any party<\/span> may introduce evidence in the proceedings in the court<\/span> in accordance with the Rules of Evidence of the Supreme Court<\/span> of Virginia.\n\t\tCosts shall not be allowed against the locality<\/span> or the governing body<\/span>, unless it shall appear to the court<\/span> that the locality<\/span> or the governing body<\/span> acted in bad faith or with malice<\/span>. In the event the decision of the board is affirmed<\/span> and the court<\/span> finds that the appeal<\/span> was frivolous, the court<\/span> may order<\/span> the person or persons who requested the issuance of the writ of certiorari<\/span> to pay the costs incurred in making the return of the record pursuant to the writ of certiorari<\/span>. If the petition<\/span> is withdrawn subsequent to the filing of the return, the locality<\/span> or the governing body<\/span> may request that the court<\/span> hear the matter on the question of whether the appeal<\/span> was frivolous.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTIORARI TO REVIEW DECISION OF BOARD (\u00a7 15.2-2314)\n\nAny person or persons jointly or severally aggrieved by any decision of the\nboard of zoning appeals, or any aggrieved taxpayer or any officer, department,\nboard or bureau of the locality, may file with the clerk of the circuit court\nfor the county or city a petition that shall be styled “In Re: date\nDecision of the Board of Zoning Appeals of [locality name]” specifying the\ngrounds on which aggrieved within 30 days after the final decision of the board.\n\t\tUpon the presentation of such petition, the court shall allow a writ of\ncertiorari to review the decision of the board of zoning appeals and shall\nprescribe therein the time within which a return thereto must be made and served\nupon the secretary of the board of zoning appeals or, if no secretary exists,\nthe chair of the board of zoning appeals, which shall not be less than 10 days\nand may be extended by the court. Once the writ of certiorari is served, the\nboard of zoning appeals shall have 21 days or as ordered by the court to\nrespond. The allowance of the writ shall not stay proceedings upon the decision\nappealed from, but the court may, on application, on notice to the board and on\ndue cause shown, grant a restraining order.\n\t\tAny review of a decision of the board shall not be considered an action\nagainst the board and the board shall not be a party to the proceedings;\nhowever, the board shall participate in the proceedings to the extent required\nby this section. The governing body, the landowner, and the applicant before the\nboard of zoning appeals shall be necessary parties to the proceedings in the\ncircuit court. The court may permit intervention by any other person or persons\njointly or severally aggrieved by any decision of the board of zoning appeals.\n\t\tThe board of zoning appeals shall not be required to return the original\npapers acted upon by it but it shall be sufficient to return certified or sworn\ncopies thereof or of the portions thereof as may be called for by the writ. The\nreturn shall concisely set forth such other facts as may be pertinent and\nmaterial to show the grounds of the decision appealed from and shall be\nverified.\n\t\tThe court may reverse or affirm, wholly or partly, or may modify the decision\nbrought up for review.\n\t\tIn the case of an appeal from the board of zoning appeals to the circuit court\nof an order, requirement, decision or determination of a zoning administrator or\nother administrative officer in the administration or enforcement of any\nordinance or provision of state law, or any modification of zoning requirements\npursuant to \u00a7 15.2-2286, the findings and conclusions of the board of zoning\nappeals on questions of fact shall be presumed to be correct. The appealing\nparty may rebut that presumption by proving by a preponderance of the evidence,\nincluding the record before the board of zoning appeals, that the board of\nzoning appeals erred in its decision. Any party may introduce evidence in the\nproceedings in the court. The court shall hear any arguments on questions of law\nde novo.\n\t\tIn the case of an appeal by a person of any decision of the board of zoning\nappeals that denied or granted an application for a variance, the decision of\nthe board of zoning appeals shall be presumed to be correct. The petitioner may\nrebut that presumption by proving by a preponderance of the evidence, including\nthe record before the board of zoning appeals, that the board of zoning appeals\nerred in its decision.\n\t\tIn the case of an appeal by a person of any decision of the board of zoning\nappeals that denied or granted application for a special exception, the decision\nof the board of zoning appeals shall be presumed to be correct. The petitioner\nmay rebut that presumption by showing to the satisfaction of the court that the\nboard of zoning appeals applied erroneous principles of law, or where the\ndiscretion of the board of zoning appeals is involved, the decision of the board\nof zoning appeals was plainly wrong, was in violation of the purpose and intent\nof the zoning ordinance, and is not fairly debatable.\n\t\tIn the case of an appeal from the board of zoning appeals to the circuit court\nof a decision of the board, any party may introduce evidence in the proceedings\nin the court in accordance with the Rules of Evidence of the Supreme Court of\nVirginia.\n\t\tCosts shall not be allowed against the locality or the governing body, unless\nit shall appear to the court that the locality or the governing body acted in\nbad faith or with malice. In the event the decision of the board is affirmed and\nthe court finds that the appeal was frivolous, the court may order the person or\npersons who requested the issuance of the writ of certiorari to pay the costs\nincurred in making the return of the record pursuant to the writ of certiorari.\nIf the petition is withdrawn subsequent to the filing of the return, the\nlocality or the governing body may request that the court hear the matter on the\nquestion of whether the appeal was frivolous.\n\nHISTORY: Code 1950, \u00a7\u00a7 15-834 through 15-839, 15-850, 15-958.11; 1950, p. 176;\n1962, c. 407, \u00a7 15.1-497; 1975, c. 641; 1988, c. 856; 1994, c. 705; 1996, c.\n450; 1997, c. 587; 2001, c. 422; 2003, c. 568; 2005, cc. 625, 677; 2006, c. 446;\n2010, c. 241; 2015, c. 597; 2017, c. 661; 2020, c. 86.","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}}