What is an “appeal”?

The Board of Zoning Appeals is also authorized under Virginia law to hear appeals from any order, requirement, decision or determination made by the zoning administrator or designee in the interpretation, administration or enforcement of the zoning ordinance. In this capacity, the Board’s task is to determine whether the zoning administrator was correct in the interpretation and application of this ordinance. In doing so, the board considers the purpose, intent and meaning of the ordinances, laws and regulations in question. The decision of the zoning administrator is presumed to be correct, with the burden being upon the applicant to demonstrate error. Any decision of the board shall be supported by findings of fact and a conclusion that the decision of the zoning administrator was:

1. correct in the interpretation and application of the zoning ordinance;
2. plainly wrong in the interpretation of the zoning ordinance; or
3. plainly wrong in the application of the zoning ordinance to the particular facts presented.

The board in this case may, in conformity with the provisions of the zoning ordinance, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from.