CHAPTER 256

An Act to amend and reenact § 15.1-496 of the Code of Virginia, relating
to applications for special exceptions to zoning ordinances.

[H 324]
Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:
_ That § 15.1-496 of the Code of Virginia be amended and reenacted as

§ 15.1-496. Applications for special exceptions may be made by any
property owner, tenant, government official, department, board or bureau.
Such application shall be made to the zoning administrator in accordance
with rules adopted by the board. The application and accompanying maps,
plans or other information shall be transmitted promptly to the secretary
of the board who shall place the matter on the docket. * No such spectal
exceptions shall be authorized except after notice and hearing as require
by § 15.1-481. The zoning administrator shall also transmit a copy of tl
application to the local commission which may send a recommendation —
the board or appear as a party at the hearing.

An appeal to the board may be taken by any person aggrieved or |
any officer, department, board or bureau of the county or municipali
affected by any decision of the zoning administrator. Such appeal sh:
be taken within thirty days after the decision appealed from by filir
with the zoning administrator, and with the board, a notice of appe
specifying the grounds thereof. The zoning administrator shall forthwi
transmit to the board all the papers constituting the record upon whi
the action appealed from was taken. An appeal shall stay all proceedin;
in furtherance of the action appealed from unless the zoning administrat
certifies to the board that by reason of facts stated in the certificate
stay would in his opinion cause imminent peril to life or property, |
which case proceedings shall not be stayed otherwise than by a restrai:
ing order granted by the board or by a court of record, on applicatic
and on notice to the zoning administrator and for good cause shown.

The board shall fix a reasonable time for the hearing of an applic
tion or appeal, give public notice thereof as well as due notice to tl
parties in interest and decide the same within sixty days. In exercisit
its powers the board may reverse or affirm, wholly or partly, or mi
modify, the order, requirement, decision of determination appealed fror
The concurring vote of three members shall be necessary to reverse at
order, requirement, decision or determination of an administrative offic
or to decide in favor of the applicant on any matter upon which it is r
quired to pass under the ordinance or to effect any variance from 1]
ordinance. The board shall keep minutes of its proceedings and oth
official actions which shall be filed in the office of the board and sh:
be public records. The chairman of the board, or in his absence the a
ing chairman, may administer oaths and compel the attendance of wi
nesses.

Where a building Slide has been issued and the construction of t
building for which such permit was issued is subsequently sought to |
prevented, restrained, corrected or abated as a violation of the zonir
ordinance, by suit filed within fifteen days after the start of constructi
by a person who had no actual notice of the issuance of the permit,
court may hear and determine the issues raised in the litigation ev
though no appeal was taken from the decision of the administrative offic

the board of zoning appeals.