Virginia Law

A. Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or officer, department, board, or bureau of the locality, may, within 30 days after the final decision of the board, file with the clerk of the circuit court for the county or city a petition that shall be styled "[Petitioner v. Respondent] In Re: [date] Decision of the Board of Zoning Appeals of [locality name]" specifying the grounds on which aggrieved. Such 30-day filing requirement shall be mandatory and jurisdictional.

The governing body, the applicant before the board of zoning appeals, and the landowner of record, if such landowner of record is a different party from the applicant, shall be the necessary parties to the proceedings in the circuit court. All necessary parties shall be listed as either petitioner or respondent as appropriate. The circuit court may permit intervention by any other person or persons jointly or severally aggrieved by any decision of the board of zoning appeals. The petition shall be served upon all necessary parties and the secretary of the board of zoning appeals or, if no secretary exists, the chair of the board of zoning appeals, within 30 days after the petition is filed with the clerk of the circuit court. Service of process upon a respondent more than 30 days after the petition is filed shall be timely upon a finding by the court that the petitioner exercised due diligence to have timely service made upon the respondent. Failure to timely file and serve the petition shall result in a dismissal of the matter.

Any review of a decision of the board shall not be considered an action against the board and the board shall not be a necessary party to the proceedings; however, the board shall participate in the proceedings to the extent required by this section or to the extent required by the circuit court.

The timely filing and service of a petition shall not stay the proceedings of an appeal of a decision by the board of zoning appeals but the circuit court may, upon motion by a petitioner with notice to the board of zoning appeals and all necessary parties, grant a temporary restraining order or preliminary injunction pursuant to Rule 3:26 of the Rules of the Supreme Court of Virginia.

B. The filing of the record of the proceedings by the secretary of the board of zoning appeals and the filing of a response by any respondent shall be in accordance with the provisions of this subsection. The secretary of the board of zoning appeals shall, within 21 days of being served with the petition, file the record of the proceedings at issue in the petition unless extended by the circuit court for good cause shown. The filing of the record of the proceedings shall not require the board of zoning appeals to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of the portions thereof.

Any respondent may file a response to the petition within 21 days of (i) the filing of the record of the proceedings or (ii) service of the petition upon such respondent, whichever is later, unless such time to file a response is extended by the circuit court for good cause shown. No petitioner shall file a reply unless granted leave by the circuit court to do so for good cause shown.

C. The circuit court shall conduct a hearing as promptly as possible to make a ruling on the petition and any response made to the petition. Any party may introduce evidence in the proceedings in the court in accordance with the Rules of Evidence of the Supreme Court of Virginia, however the methods and procedures of discovery pursuant to Part 4 of the Rules of the Supreme Court of Virginia shall not apply to the proceedings described in this section.

The circuit court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

D. The following cases brought before the circuit court shall be conducted as follows:

1. In the case of an appeal from the board of zoning appeals to the circuit court of an order, requirement, decision, or determination of a zoning administrator or other administrative officer in the administration or enforcement of any ordinance or provision of state law, or any modification of zoning requirements pursuant to § 15.2-2286, the findings and conclusions of the board of zoning appeals on questions of fact shall be presumed to be correct. The appealing party may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision. The circuit court shall hear any arguments on questions of law de novo.

2. In the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted an application for a variance, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision.

3. In the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted application for a special exception, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by showing to the satisfaction of the circuit court that the board of zoning appeals applied erroneous principles of law, or where the discretion of the board of zoning appeals is involved, the decision of the board of zoning appeals was plainly wrong, was in violation of the purpose and intent of the zoning ordinance, and is not fairly debatable.

E. Costs shall not be allowed against the locality or the governing body, unless it shall appear to the circuit court that the locality or the governing body acted in bad faith or with malice. In the event the decision of the board is affirmed and the court finds that the appeal was frivolous, the circuit court may order the person or persons who filed the petition to pay the costs incurred in filing the record of the proceedings before the board of zoning appeals. If the petition is withdrawn subsequent to the filing of the record of the proceedings, the locality or the governing body may request that the circuit court hear the matter on the question of whether the appeal was frivolous.

Code 1950, §§ 15-834 through 15-839, 15-850, 15-958.11; 1950, p. 176; 1962, c. 407, § 15.1-497; 1975, c. 641; 1988, c. 856; 1994, c. 705; 1996, c. 450; 1997, c. 587; 2001, c. 422; 2003, c. 568; 2005, cc. 625, 677; 2006, c. 446; 2010, c. 241; 2015, c. 597; 2017, c. 661; 2020, c. 86; 2026, c. 368.