CHAPTER 135

AN ACT to amend and reenact § 15-850 of the Code of 1950,
relating to county boards of zoning appeals and appeals
therefrom and to amend the Code by adding a new section
numbered 15-850.1 providing for appeals in certain counties
to the governing body of the county.

[ H 268 ]

Approved March 9, 1950

Be it enacted by the General Assembly of Virginia:
1. That § 15-850 of the Code of 1950 be amended and re-
enacted and that the Code be amended by adding a section num-
bered 15-850.1, as follows:

§ 15-850. County board of zoning appeals. - In the zoning
ordinance, the board of supervisors of the county may provide,
if it so desires, for a county board of zoning appeals, for the
number, terms, method of appointment and removal of the mem-
pers of such board, for the rules governing the organization,
procedure and jurisdiction of such board of zoning appeals, and
for the powers of such board relating to appeals from decisions
of any administrative officer in the enforcement of the zoning
ordinance, special exceptions or other special questions for which
the zoning ordinance provides and variances from the strict ap-
plication of the zoning regulations. Any person or persons,
jointly or severally, aggrieved by any decision of the county
board of zoning appeals or any taxpayer * * *, or any officer,
department, board, or bureau of the county, may present to the
circuit court of such county a petition, duly verified, and specify-
ing the grounds on which he or they are aggrieved. Unless the
petition is presented by the governing body of the county tt
shall be made a party respondent. The court may likewise ad-
mit as party respondent any person who, if the decision had
been adverse in respect of him, would have been authorized un-
der this section to present a petition in the first instance. Such
petition shall be presented to the court within thirty days after
the filing of the decision in the office of the board.

Upon the presentation of such petition the court may allow
an appeal, and enter an order directed to the board of zoning
appeals to review such decision of the board of zoning appeals
and shall prescribe therein the time within which a return
thereto shall be made and served upon the relator’s attorney,
which shall not be less than ten days and may be extended by
the court. The allowance of the appeal shall not stay proceed-
ings upon the decision appealed from but the court may, on ap-
plication, on notice to the board and on due cause shown, grant
a restraining order.

The board of zoning appeals shall not be required to return
the original papers acted upon by it, but it shall be sufficient to
return certified or sworn copies thereof or of such portions there-
of as may be called for by such appeal. The return shall con-
cisely set forth such other facts as may be pertinent and material
to ie the grounds of the decision appealed from and shall be
verified.

If, upon the hearing, 1t appears to the court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to take such evidence as it directs
and report the same to the court with his findings of fact and
conclusions of law, which shall constitute a part of the proceed-
ings upon which the determination of the court shall be made.

The court may reverse or affirm, wholly, or partly, or may
modify the decision brought up for review. Appeals to the Su-
preme Court of Appeals as in other cases may be taken by any
party petitioner or respondent who is aggrieved by the court's
action or who is a taxpayer, officer, department, bureau or board
of the county.

Costs shall not be allowed against the board unless it ap-
pears to the court that it acted with gross negligence or in bad
faith or with malice in making the decision appealed from.

All issues in any proceedings under this article shall have
preference over all other civil actions and proceedings.

§ 15-850.1. Notwithstanding the provisions of the preced-
ing section in any county having a density of population in
excess of two thousand a square mile, any person or persons
jointly or severally aggrieved by any decision of the county
board of zoning appeals or any taxpayer or county official may,
prior to appealing to the circuit court as provided in the preced-
ing section present to the next regular meeting of the board of
supervisors held not earlier than ten days from the time that
such decision is rendered a petition setting forth the grounds on
which he is or they are aggrieved, at which meeting the board
of supervisors of the county shall refer such petition and the
minutes of the board of zoning appeals in regard to the decision
appealed from, to the county planning commission for review
and recommendation as to whether or not the board of zoning
appeals has properly interpreted and applied the powers dele-
gated to them by the board of supervisors, such recommendation
to be presented at the next regular meeting thereafter. At this
meeting the board of supervisors shall hear the report of the
planning commission, the appellant or his attorney, and the
chairman or the vice-chairman of the board of zoning appeals,
after which they shall render a decision as to whether or not
the board of zoning appeals has properly applied the authority
delegated to them by any ordinance adopted under the provi-
sions of this article.

In exercising the above mentioned power the board of super-
visors may reverse or affirm, or modify the decisions appealed
from, in accordance with the powers granted under the provi-
sions of this article.