A. An appeal to the board may be taken by any person aggrieved or by anyofficer, department, board or bureau of the locality affected by any decisionof the zoning administrator or from any order, requirement, decision ordetermination made by any other administrative officer in the administrationor enforcement of this article, any ordinance adopted pursuant to thisarticle, or any modification of zoning requirements pursuant to § 15.2-2286.Notwithstanding any charter provision to the contrary, any written notice ofa zoning violation or a written order of the zoning administrator dated on orafter July 1, 1993, shall include a statement informing the recipient that hemay have a right to appeal the notice of a zoning violation or a writtenorder within 30 days in accordance with this section, and that the decisionshall be final and unappealable if not appealed within 30 days. The zoningviolation or written order shall include the applicable appeal fee and areference to where additional information may be obtained regarding thefiling of an appeal. The appeal period shall not commence until the statementis given. A written notice of a zoning violation or a written order of thezoning administrator that includes such statement sent by registered orcertified mail to, or posted at, the last known address of the property owneras shown on the current real estate tax assessment books or current realestate tax assessment records shall be deemed sufficient notice to theproperty owner and shall satisfy the notice requirements of this section. Theappeal shall be taken within 30 days after the decision appealed from byfiling with the zoning administrator, and with the board, a notice of appealspecifying the grounds thereof. The zoning administrator shall forthwithtransmit to the board all the papers constituting the record upon which theaction appealed from was taken. The fee for filing an appeal shall not exceedthe costs of advertising the appeal for public hearing and reasonable costs.For jurisdictions that impose civil penalties for violations of the zoningordinance, any such civil penalty shall not accrue or be assessed during thependency of the 30-day appeal period.
B. An appeal shall stay all proceedings in furtherance of the action appealedfrom unless the zoning administrator certifies to the board that by reason offacts stated in the certificate a stay would in his opinion cause imminentperil to life or property, in which case proceedings shall not be stayedotherwise than by a restraining order granted by the board or by a court ofrecord, on application and on notice to the zoning administrator and for goodcause shown.
C. In no event shall a written order, requirement, decision or determinationmade by the zoning administrator or other administrative officer be subjectto change, modification or reversal by any zoning administrator or otheradministrative officer after 60 days have elapsed from the date of thewritten order, requirement, decision or determination where the personaggrieved has materially changed his position in good faith reliance on theaction of the zoning administrator or other administrative officer unless itis proven that such written order, requirement, decision or determination wasobtained through malfeasance of the zoning administrator or otheradministrative officer or through fraud. The 60-day limitation period shallnot apply in any case where, with the concurrence of the attorney for thegoverning body, modification is required to correct clerical or othernondiscretionary errors.
(1975, c. 521, § 15.1-496.1; 1983, c. 12; 1993, c. 780; 1995, c. 424; 1997,c. 587; 2005, cc. 625, 677; 2008, c. 378; 2010, c. 241.)
A. An appeal to the board may be taken by any person aggrieved or by anyofficer, department, board or bureau of the locality affected by any decisionof the zoning administrator or from any order, requirement, decision ordetermination made by any other administrative officer in the administrationor enforcement of this article, any ordinance adopted pursuant to thisarticle, or any modification of zoning requirements pursuant to § 15.2-2286.Notwithstanding any charter provision to the contrary, any written notice ofa zoning violation or a written order of the zoning administrator dated on orafter July 1, 1993, shall include a statement informing the recipient that hemay have a right to appeal the notice of a zoning violation or a writtenorder within 30 days in accordance with this section, and that the decisionshall be final and unappealable if not appealed within 30 days. The zoningviolation or written order shall include the applicable appeal fee and areference to where additional information may be obtained regarding thefiling of an appeal. The appeal period shall not commence until the statementis given. A written notice of a zoning violation or a written order of thezoning administrator that includes such statement sent by registered orcertified mail to, or posted at, the last known address of the property owneras shown on the current real estate tax assessment books or current realestate tax assessment records shall be deemed sufficient notice to theproperty owner and shall satisfy the notice requirements of this section. Theappeal shall be taken within 30 days after the decision appealed from byfiling with the zoning administrator, and with the board, a notice of appealspecifying the grounds thereof. The zoning administrator shall forthwithtransmit to the board all the papers constituting the record upon which theaction appealed from was taken. The fee for filing an appeal shall not exceedthe costs of advertising the appeal for public hearing and reasonable costs.For jurisdictions that impose civil penalties for violations of the zoningordinance, any such civil penalty shall not accrue or be assessed during thependency of the 30-day appeal period.
B. An appeal shall stay all proceedings in furtherance of the action appealedfrom unless the zoning administrator certifies to the board that by reason offacts stated in the certificate a stay would in his opinion cause imminentperil to life or property, in which case proceedings shall not be stayedotherwise than by a restraining order granted by the board or by a court ofrecord, on application and on notice to the zoning administrator and for goodcause shown.
C. In no event shall a written order, requirement, decision or determinationmade by the zoning administrator or other administrative officer be subjectto change, modification or reversal by any zoning administrator or otheradministrative officer after 60 days have elapsed from the date of thewritten order, requirement, decision or determination where the personaggrieved has materially changed his position in good faith reliance on theaction of the zoning administrator or other administrative officer unless itis proven that such written order, requirement, decision or determination wasobtained through malfeasance of the zoning administrator or otheradministrative officer or through fraud. The 60-day limitation period shallnot apply in any case where, with the concurrence of the attorney for thegoverning body, modification is required to correct clerical or othernondiscretionary errors.
(1975, c. 521, § 15.1-496.1; 1983, c. 12; 1993, c. 780; 1995, c. 424; 1997,c. 587; 2005, cc. 625, 677; 2008, c. 378; 2010, c. 241.)
A. An appeal to the board may be taken by any person aggrieved or by anyofficer, department, board or bureau of the locality affected by any decisionof the zoning administrator or from any order, requirement, decision ordetermination made by any other administrative officer in the administrationor enforcement of this article, any ordinance adopted pursuant to thisarticle, or any modification of zoning requirements pursuant to § 15.2-2286.Notwithstanding any charter provision to the contrary, any written notice ofa zoning violation or a written order of the zoning administrator dated on orafter July 1, 1993, shall include a statement informing the recipient that hemay have a right to appeal the notice of a zoning violation or a writtenorder within 30 days in accordance with this section, and that the decisionshall be final and unappealable if not appealed within 30 days. The zoningviolation or written order shall include the applicable appeal fee and areference to where additional information may be obtained regarding thefiling of an appeal. The appeal period shall not commence until the statementis given. A written notice of a zoning violation or a written order of thezoning administrator that includes such statement sent by registered orcertified mail to, or posted at, the last known address of the property owneras shown on the current real estate tax assessment books or current realestate tax assessment records shall be deemed sufficient notice to theproperty owner and shall satisfy the notice requirements of this section. Theappeal shall be taken within 30 days after the decision appealed from byfiling with the zoning administrator, and with the board, a notice of appealspecifying the grounds thereof. The zoning administrator shall forthwithtransmit to the board all the papers constituting the record upon which theaction appealed from was taken. The fee for filing an appeal shall not exceedthe costs of advertising the appeal for public hearing and reasonable costs.For jurisdictions that impose civil penalties for violations of the zoningordinance, any such civil penalty shall not accrue or be assessed during thependency of the 30-day appeal period.
B. An appeal shall stay all proceedings in furtherance of the action appealedfrom unless the zoning administrator certifies to the board that by reason offacts stated in the certificate a stay would in his opinion cause imminentperil to life or property, in which case proceedings shall not be stayedotherwise than by a restraining order granted by the board or by a court ofrecord, on application and on notice to the zoning administrator and for goodcause shown.
C. In no event shall a written order, requirement, decision or determinationmade by the zoning administrator or other administrative officer be subjectto change, modification or reversal by any zoning administrator or otheradministrative officer after 60 days have elapsed from the date of thewritten order, requirement, decision or determination where the personaggrieved has materially changed his position in good faith reliance on theaction of the zoning administrator or other administrative officer unless itis proven that such written order, requirement, decision or determination wasobtained through malfeasance of the zoning administrator or otheradministrative officer or through fraud. The 60-day limitation period shallnot apply in any case where, with the concurrence of the attorney for thegoverning body, modification is required to correct clerical or othernondiscretionary errors.
(1975, c. 521, § 15.1-496.1; 1983, c. 12; 1993, c. 780; 1995, c. 424; 1997,c. 587; 2005, cc. 625, 677; 2008, c. 378; 2010, c. 241.)
