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 Virginia Beach
 Code of Ordinances
 Appendix F. CHESAPEAKE BAY PRESERVATION AREA ORDINANCE

  § 111. Appeals.  

Latest version.

  • (A)

    Any order, determination or decision made by the City Manager or any administrative officer in the administration or enforcement of this ordinance, including any decision on an application for an administrative variance, may be appealed by any person aggrieved by the decision to the Board by application filed with the City Manager within fifteen (15) days from the date of such order, determination or decision. Such application shall state with particularity the grounds of such appeal. Any application failing to do so shall be rejected by the City Manager. The filing of an appeal shall not stay any proceedings in furtherance of the action appealed from.

    (B)

    The fees and notice requirements for appeals under subsection (A) hereof shall be as set forth in Section 110.

    (C)

    Any party aggrieved of a decision of the Board may, within thirty (30) days of the date of such decision, petition the circuit court to review such decision. The procedure in such cases shall be as provided in Section 15.2-2314 of the Code of Virginia, as amended. No party having failed to appear at the hearing before the Board and object to the application at that time shall be deemed to be an aggrieved party; provided, however, that the City shall have standing to appeal any decision of the Board irrespective of not having appeared before the Board as otherwise required by this ordinance.

    (D)

    The circuit court may affirm, reverse or modify any decision of the Board, and may impose any reasonable conditions in its judgment; provided, however, that no decision of the Board shall be disturbed unless the court shall find:

    (1)

    The decision appealed from was based upon the erroneous application of the criteria set forth in subsection (G) of Section 110 of this ordinance or was based upon grounds other than those set forth therein;

    (2)

    There was no substantial evidence upon which the Board could have made all findings required by subsection (G) of Section 110 of this ordinance;

    (3)

    The decision of the Board was plainly wrong; or

    (4)

    The Board failed to impose reasonable and appropriate conditions intended to prevent the variance from causing or contributing to a degradation of water quality.

    (Ord. No. 2006, 11-6-90; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2267, 6-14-94; Ord. No 2473, 2-24-98; Ord. No. 2790, 12-9-03)

    Editor's note— Ord. No. 2790, adopted Dec. 9, 2003, renumbered former § 114 of this appendix as § 111.

(Ord. No. 2006, 11-6-90; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2267, 6-14-94; Ord. No 2473, 2-24-98; Ord. No. 2790, 12-9-03)

Editor's note

Ord. No. 2790, adopted Dec. 9, 2003, renumbered former § 114 of this appendix as § 111.