2006 Code of Virginia § 15.2-2311 - Appeals to board

15.2-2311. Appeals to board.

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 appealperiod shall not commence until the statement is given. The appeal shall betaken within 30 days after the decision appealed from by filing with thezoning administrator, and with the board, a notice of appeal specifying thegrounds thereof. The zoning administrator shall forthwith transmit to theboard all the papers constituting the record upon which the action appealedfrom was taken.

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.)