The Zoning Administrator is charged with administering and interpreting the Zoning Ordinance. Decisions made by the Zoning Administrator invariably affect the interests of other persons. The Code of Virginia and the Fauquier County Zoning Ordinance establish appeal procedures for those affected by such decisions. Appeals are limited to interpretations of the Ordinance, whether the Ordinance requirements themselves are valid can only be appealed to the Courts.
Any 1) Zoning applicant, 2) person who is aggrieved by a decision, or 3) officer, department board or bureau of the County has the right to appeal a Zoning Administrator determination. An appeal must be filed within 30 days of the decision date, or it becomes a final, binding decision.
Most appeals are heard by the Board of Zoning Appeals. Determinations related to the interpretation of proffers and the extension of special exceptions and special permits are heard by the Board of Supervisors.
The BZA and BOS act in a quasi-judicial position in hearing appeals. Therefore, except at meetings where County staff and the appellant, their agents and attorneys are all invited, neither the appellants, their agents or attorneys or County staff may discuss the appeals with any of the BZA or BOS members in advance of the scheduled appeal hearing. According to State Code, if an ex-parte discussion occurs, the party engaging in the communication is required to inform the other party with the substance of the communication as soon as practicable.
Land Development Application with original signatures
8 copies of Statement of Justification setting forth the specific reasons for disagreement with the Zoning Administrator's reading of the Ordinance.
Addendum to Land Development Application with original signatures
$500 Fee (A fee is required to cover the costs of processing an appeal, including advertising costs. If an appellant wins an appeal, the $500 fee is returned.)
The Board of Zoning Appeals has established specific procedures for the appeal process; these can be found here.
The Board of Supervisors has not adopted specific procedures. Appeal applications are scheduled for the next Board meeting, provided that sufficient time is available to prepare the staff report and advertise the Appeal. Check with staff for additional details.