James City County Unincorporated
City Zoning Code

An appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the county affected by any decision of the zoning administrator. Such appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceeding shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

(Ord. No. 31A-8, § 20-118, 4-8-85; Ord. No. 31A-189, 4-13-99)

(a)

Appeals shall be mailed to the board of zoning appeals in care of the zoning administrator and a copy of the appeal shall be mailed to the secretary of the planning commission. A third copy should be mailed to the individual, official, department or agency concerned, if any.

(b)

Appeals requiring an advertised public hearing shall be accompanied by a certified check payable to the treasurer for the amount set forth in section 24-7.

(Ord. No, 31A-88, § 20-119, 4-8-85; Ord. No. 31A-189, 4-13-99)

The board of zoning appeals shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and decide the matter within 90 days. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from.

(Ord. No. 31A-88, § 20-120, 4-8-85; Ord. No. 31A-110, 9-12-88; Ord. No. 31A-189, 4-13-99)

Petition to circuit court. Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the county may present to the Circuit Court of James City County a petition in accordance with Va. Code § 15.2-2314 within 30 days after the final decision of the board.

(Ord. No. 31A-88, § 20-121, 4-8-85; Ord. No. 31A-110, 9-12-88; Ord. No. 31A-189, 4-13-99; Ord. No. 31A-221, 1-10-06; Ord. No. 31A-248, 10-12-10; Ord. No. 31A-300, 10-13-15)