The board 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 make its decision within ninety days of the filing of the application or appeal. In exercising its powers the board may reverse or affirm, wholly or partly, or may modify, an order, requirement, decision or determination appealed from. The concurring vote of a majority of the membership of the board shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to effect any variance from the ordinance. The board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the board and shall be public records. The chairman of the board, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.
1975, c. 521, § 15.1-496.2; 1983, c. 444; 1986, c. 483; 1997, c. 587.
Notes of Decisions
Tran v. Bd. of Zoning Appeals, 536 S.E.2d 913 (Va. 2000).
· cites it 31× “The trial court upheld the position taken by the BZA, holding that “the provision of Va. Code § 15.2-2312 relating to the time for decision of appeal is merely directory and procedural, not mandatory and jurisdictional, and therefore the BZA did not lack jurisdiction to act upon…”
Sinclair v. New Cingular Wireless Pcs, LLC, 727 S.E.2d 40 (Va. 2012).
· cites it 4× “Under Code § 15.2-2312, a variance may only be approved by the board of zoning appeals and only upon a finding that criteria set forth in Code § 15.”
Higgs v. Kirkbride, 522 S.E.2d 861 (Va. 1999).
· cites it 2× “” Code § 15.2-2312. It is an appropriate function of the board to reverse a decision of a zoning official where the board determines that the decision is contrary to the plain meaning of the ordinance and the legislative intent expressed therein.”
Harris v. Commonwealth, 667 S.E.2d 809 (Va. Ct. App. 2008).
· cites it 2× “2d 913, 916 (2000) (holding that Code § 15.2-2312’s requirement that the Board of Zoning Appeals “shall” make its decision within 90 days is directory and not mandatory); Commonwealth v.”
Tran v. Fairfax Cnty. Bd. of Zoning Appeals, 49 Va. Cir. 189 (Fairfax Cir. Ct. 1999).
· cites it 5× “The Court holds that the provision of Va. Code § 15.2-2312 relating to the time for decision of appeal is merely directory and procedural, not mandatory and jurisdictional, and, therefore, the BZA did not lack jurisdiction to act upon such appeal beyond ninety days.”
Ballard v. Page Cnty. Bd. of Supervisors, 56 Va. Cir. 89 (Page Cir. Ct. 2001).
· cites it 2× “654, 657-58 (2000), the Supreme Court ruled that the use of the word “shall” in Virginia Code § 15.2-2312 (Board of Zoning Appeals shall render a decision within 90 days) was permissive not mandatory and stated: We have long held that “courts, in endeavoring to arrive at the…”
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