                                 CODE OF VIRGINIA

APPEALS TO BOARD (§ 15.2-2311)

A. 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 &#xA7; 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&#8217;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&#8217;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&#8217;s actual notice of such notice of zoning
violation or written order or active participation in the appeal hearing shall
waive the owner&#8217;s right to challenge the validity of the board&#8217;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. 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.

C. 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.

D. In any appeal taken pursuant to this section, if the board&#8217;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.

HISTORY: 1975, c. 521, § 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.