(A) Appeals of administrative decisions.
(1) (a) Any person aggrieved, or any entity of government affected by an order, requirement, decision, or determination made by the Land Use Administrator in the administration or enforcement of the provisions of this chapter may file an appeal.
(b) If the Land Use Administrator’s action was in the administration and enforcement of this chapter, the appeal shall be heard by the Board of Zoning Appeals. This appellant process (DMP-D) requires a public hearing with notice provided in accordance with § 157.062.
(2) Appeals must be filed within 30 days of the date of the decision by filing with the Land Use Administrator and the Hearing Board, a notice of appeal specifying the grounds for appeal. The Land Use Administrator shall transmit all the papers constituting the record upon which the action appealed from was taken to the Hearing Board. An appeal shall stay all proceedings in furtherance of the appealed action unless the Land Use Administrator certifies to the Hearing Board that by reason of the facts stated in his or her certificate, a stay would in his or her opinion cause imminent peril to life or property. In this case, proceedings shall not be stayed otherwise than by a restraining order granted by the Hearing Board or by a court of record, on application and on notice to the Land Use Administrator and for good cause shown.
(B) Appeals of decisions made by the Board of Supervisors, Board of Zoning Appeals, and the Wetlands Board. Every action contesting a decision of the Board of Supervisors, and the Board of Zoning Appeals shall be filed within 30 days of such decision with the Clerk of Circuit Court of the county. Appeals of the decisions of the Wetlands Board may be made as provided by VA Code §§ 28.2-1302 et seq.
(Ord. passed 11-9-1995)