A.
Zoning Administrator. A Zoning Administrator shall
be appointed by the governing body to administer and enforce this
chapter. The Zoning Administrator may also hold another office in
the County.
B.
Duties and powers of Zoning Administrator. It shall
be the duty of the Zoning Administrator to enforce literally the provisions
of this chapter and the amendments thereto, and he shall have such
duties and powers as are conferred on him by this chapter and as are
reasonably implied for that purpose. The Zoning Administrator's duties
shall include but are not limited to the following:
(1)
Receive applications for and issue zoning permits
as permitted by the terms of this chapter.
(2)
Receive applications for certificates of occupancy.
(3)
Issue certificates of use and occupancy in accordance
with the terms of this chapter.
(4)
Receive applications for special permits and variances
and transmit the same to the governing body and the Board of Zoning
Appeals.
(5)
Issue special permits or variances only after a special
permit or variance has been approved by the governing body or Board
of Zoning Appeals in accordance with the regulations of this chapter.
(6)
Keep an official record of all business and activities,
including complaints of a violation of any of the provisions of this
chapter and of the subsequent action taken on each such complaint.
All such records shall be open to public inspection. File copies of
all applications received, permits issued and reports and inspections
made in connection with any structure, building, sign and/or land
shall be retained as long as they remain in existence.
(7)
Make inspections as required to fulfill his duties.
(8)
Be responsible for keeping this chapter and the Official
Zoning Map[1] up-to-date so as to include all amendments thereto.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[Amended 4-8-1991]
No building, structure or sign shall be erected,
constructed, moved, added to or structurally altered, nor shall land
or structures be put to any use without a permit therefore issued
by the Zoning Administrator. No such permit shall be issued except
in conformity with the provisions of this chapter or upon written
order from the governing body or the Board of Zoning Appeals in the
form of a special exception, variance or as otherwise provided for
by this chapter, any applicable laws or any court of competent jurisdiction.
Notwithstanding any other penalty which may be imposed under this
chapter, there shall be imposed as a fine and penalty upon any person
who fails to comply with this section without first obtaining the
appropriate zoning permit a charge of double the fee initially established
for the permit. There shall be no defense to the imposition of this
fine and penalty that the permit may be granted based upon an application
for permit untimely filed.
A.
Form of application.
(1)
All applications shall be made in writing and shall
be accompanied by three sets of plans showing at least the following
information:
(a)
Actual dimensions and shape of the lot to be
built upon.
(b)
The exact size and location on the lot of all
buildings, structures or signs existing, proposed extensions thereto
and/or to be constructed thereon.
(c)
The number of dwelling units, if any, to be
provided.
(d)
Parking spaces provided and/or loading facilities.
(e)
A statement indicating the existing or proposed
use.
(f)
In the case of new construction, additions or
replacements and the height of structures, buildings or signs.
(g)
For industrial uses, plans should show, in sufficient
detail, the operation and processes of the industry.
(h)
All other information necessary for such Zoning
Administrator to determine conformance with and provide for enforcement
of this chapter.
(2)
One copy of the plans shall be returned to the applicant
by the Zoning Administrator after he shall have marked such copies
either as approved or disapproved and attested to the same by his
signature on such copy.
(3)
One copy of all such plans shall be retained by the
Zoning Administrator for his permanent records, and one copy shall
be sent to the County Clerk.
(4)
Such approval and zoning permit shall be issued or
refused within 30 days from the date of application. In case of refusal,
the applicant shall be informed of his rights of appeal. The application
for a permit shall be submitted in such forms as the Zoning Administrator
may prescribe.
B.
Expiration of zoning application and permit.
[Amended 7-15-2008]
(1)
A zoning application shall expire 180 calendar days
after submittal. Upon written request by the applicant, the Zoning
Administrator may grant a reasonable extension of time. The basis
for this decision shall be placed in writing.
(2)
A zoning permit shall expire 180 calendar days after
the date of issuance if work described in any permit has not begun.
If work described in any zoning permit has begun within said six-month
period, said permit shall expire two years from date of issuance thereof.
A certificate of use and occupancy shall be
required upon the completion of the work for which a zoning permit
was issued. It shall be unlawful to use and/or occupy any structure,
building and/or land or portions thereof in any manner until a certificate
of use and occupancy has been issued.
A.
Form of application. The application for a certificate
of use and occupancy shall be submitted in such form as the Zoning
Administrator may prescribe.
B.
Issuance of certificate of use and occupancy.
(1)
The Zoning Administrator shall inspect any structure,
building, sign and/or land or portions thereof and shall determine
the conformity therewith. If he is satisfied that the completed work
is in conformity with this chapter and with the work listed in the
zoning permit, he shall issue a certificate of use and occupancy.
(2)
A certificate of use and occupancy shall be granted
or refused, in writing, within 10 days from the date of application.
(3)
In zoning districts in which performance standards
are imposed, no certificate of use and occupancy shall become permanent
until the Zoning Administrator has reinspected the facility and determined
that it is in compliance with all performance standards. The owner
of the facility shall request, in such form as the Zoning Administrator
may prescribe, that the Zoning Administrator reinspect said facility.
Such request shall be made no less than 30 nor more than 45 days after
the facility is fully operating, but in no event shall such request
be made more than 120 days after the certificate of use and occupancy
has been issued. The Zoning Administrator shall reinspect the facility
within 30 days of receipt of such notification, and he shall notify
the applicant, in writing, within 10 days thereof, that the facility
is in full compliance with all performance standards and the certificate
of use and occupancy is permanent, or the facility does not comply
with the performance standards and that the certificate of use and
occupancy is still temporary and may be revoked if the applicant does
not correct all violations. Requests for additional reinspections
and action by the Zoning Administrator for correction of violations
shall follow the same procedure and requirement as described in this
subsection for reinspections. If the Zoning Administrator fails to
reinspect a facility within 30 days of receipt of notification requesting
reinspections, the facility shall be deemed to be in full compliance
with all performance standards, and the certificate of use and occupancy
shall be considered permanent without further action on the part of
the applicant.
A.
The governing body shall establish, by resolution,
a schedule of fees, charges and expenses and collection procedures
for zoning permits, certificates of use and occupancy, special exceptions,
variances, appeals, amendments and other matters pertaining to this
chapter.
B.
The schedule of fees shall be available for inspection
in the office of the Zoning Administrator and may be altered or amended
by the governing body by resolution.
C.
Until all application fees, charges and expenses have
been paid in full, no action shall be taken on any application or
appeal.
The regulations, restrictions and boundaries
established in this chapter may from time to time be amended, supplemented,
changed, modified or repealed by the governing body, provided that:
A.
The Planning Commission shall hold at least one public
hearing on such proposed amendment after notice as required by law
and may make appropriate changes in the proposed amendment to the
governing body, together with its recommendations and appropriate
explanatory materials. Such public hearing may be held jointly with
the governing body at its public hearing.
B.
Before approving and adopting any amendment, the governing
body shall hold at least one public hearing thereon, pursuant to public
notice as required by law, after which the governing body may make
appropriate changes or corrections in the proposed amendment; provided,
however, that no additional land may be zoned to a different classification
than was contained in the public notice without an additional public
hearing after notice required by law. An affirmative vote of at least
a majority of the members of the governing body shall be required
to amend this chapter.
[Amended 5-14-2002; 2-20-2007]
A.
Policy considerations.
(1)
The County recognizes that in addition to uses permitted
by right, certain uses may, depending upon their scale, design, location,
and conditions imposed by the governing body, be compatible with existing
and future uses in the district.
(2)
The granting, modification or elimination of a special
use permit is not intended to be a substitute for or avoidance of
a system of comprehensive zoning but merely as a supplement to existing
laws and ordinances which cannot, by their very nature, anticipate
every conceivable use to which land might be put in any particular
district.
(3)
No special use permit granted pursuant to this section
will be issued in perpetuity, and every special use permit granted
pursuant to this section will be subject to review from time to time
upon the grounds and in the manner hereinafter provided.
(4)
The procedures and standards contained in this section
shall apply to all uses specifically permitted as special uses in
the zoning district regulations found elsewhere in this chapter.
(5)
The review and subsequent approval or disapproval
of a special use permit by the governing body shall be considered
a legislative act and shall be governed by the procedures thereof.
B.
General standards.
(1)
The planning staff shall not accept a special use permit application for any parcel or use that does not comply with any minimum requirements that may be contained in Article V, Supplementary Regulations, for that use. In such situations, the applicant shall first seek a variance from the Board of Zoning Appeals. If a variance is granted, the planning staff shall thereafter accept the special use permit application for the consideration of the Commission and governing body.
(2)
No special use permit shall be issued except upon a finding of the governing body that in addition to conformity with any standards set forth in Article V, Supplementary Regulations, of this chapter, the proposed special use conforms with the following general standards. These standards shall be met either by the proposal made in the original special use permit applications, or by the proposal as modified or amended as part of the review of the application by the Commission and the governing body:
(a)
The proposal as submitted or modified shall
conform to the Page County Comprehensive Plan, or to specific elements
of the plan, and to the official County policies adopted in relation
thereto, including the purposes of the Zoning Chapter.
(b)
The proposal as submitted or modified shall
have a minimum adverse impact on the surrounding neighborhood or community.
Adverse impact shall be evaluated with consideration to items such
as, but not limited to, traffic generation and congestion, noise,
lights, dust, drainage, water quality, air quality, odor, fumes and
vibrations. In considering impacts, due regard shall be given to the
timing and frequency of the operation, site design, access, screening
or other matters which might be regulated to mitigate adverse impact.
C.
Application requirements.
(1)
An application for a special use permit or special
use permit review may be initiated by:
(2)
The applicant for a special use permit shall provide, at the time of the application, information and/or data to demonstrate that the proposed use shall be in harmony with the statement of intent of the specific zoning district in which it will be located. Further, the applicant shall have the responsibility to demonstrate as part of the application that the proposed use shall have minimum adverse impacts on adjoining property and the surrounding neighborhood in terms of public health, safety, or general welfare, and the specific adverse impacts contained in § 125-54B(2)(b).
(3)
All applications submitted for special use permits
shall show the nature and extent of the proposed use and development.
If the proposed development is to be constructed in phases, all phases
shall be shown at the time of the original application. The applicant
shall have the responsibility to show that the proposal meets all
of the applicable specific and general standards for the use.
(4)
The planning staff shall establish and maintain the
special use permit application materials and forms. At a minimum,
these materials and forms shall require the submission of a concept
plan.
D.
Review and action.
(1)
The planning staff shall review all special use permit
applications submitted. This review shall evaluate the proposal against
the Comprehensive Plan and the specific and general standards for
the requested use. The planning staff shall make a findings report
to the Commission. This report shall contain all available information
pertinent to the evaluation of the request. The applicant shall be
provided a copy of the findings report upon filing with the Commission.
(2)
The Commission shall review and make recommendations
to the governing body concerning the approval or disapproval of any
special use permit. No such recommendation shall be made until after
a public hearing is held in accordance with § 15.2-2204
of the Code of Virginia, as amended. The Commission shall base its
recommendation upon the review of the submitted application materials,
the specific and general standards for the special use, public comment
received at the hearing, and the information and evaluation prepared
by the Administrator. In making a recommendation to the governing
body, the Commission may recommend any conditions necessary to insure
that the proposal meets the specific and general standards for the
proposed use. Any such conditions shall be related to the design,
scale, use, timing, or operation of the proposed special use. Where
warranted, for the purpose of compliance with the general standards
for special uses, such conditions may exceed the specific standards
for the use found elsewhere in this chapter.
(3)
The governing body may grant or deny any applicant
a special use permit after notice is given and a public hearing is
held in accordance with § 15.2-2204 of the Code of Virginia,
as amended. No action on any special use permit shall be taken until
the governing body has received the recommendation of the Commission.
In granting a special use permit, the governing body may attach any
reasonable condition, including an expiration date, to such approval
with the applicant's consent. Any such conditions shall be related
to the design, scale, use, or operation of the proposed special use.
Where warranted, for the purpose of compliance with the general standards
for special uses, such conditions may exceed the specific standards
for the use found elsewhere in this chapter. Once a special use permit
is approved with conditions attached, such conditions shall be considered
as a part of the text of this chapter and may be administered and
enforced by the Administrator. A violation of an attached condition
shall be considered a violation of this chapter.
(4)
A condition attached to the approval of a special
use permit may only be modified by a subsequent application for modification
of the special use permit or by a new original application for a special
use permit.
(5)
Once issued, a special use permit may be revised on
application of the permit holder or by the County, either on its own
motion by resolution or by the Planning Commission.
(a)
A permit holder may apply for revision of a
special use permit granted before or after the enactment of this section,
provided that the permit holder is in current compliance with the
terms and conditions of the permit and no application for revision
for the same permit has been filed by the applicant or acted upon
by the governing body within the preceding six months.
(b)
The County or Planning Commission may seek revision
or revocation of any special use permit granted after the enactment
of this section upon the following grounds:
[1]
A material change in circumstances of the special
use, the surrounding land or the community impacted by the special
use;
[3]
A change in the zoning district in which the
special use permit has been granted;
[4]
The standard for Subsection D(5)(b)[1] and [2] reviews shall be the “fairly debatable” standard applied to legislative actions.
E.
Time limitations.
(1)
Within 180 days of the filing by the planning staff of the findings report required by Subsection D(1) above with the Commission, unless a longer period shall have been established by mutual agreement between the governing body, the applicant and the Commission in a particular case, the Commission shall review the proposed application and report its findings and recommendation to the governing body along with any appropriate explanatory materials. Failure of the Commission to report to the governing body within 180 days shall be deemed a referral without recommendation. If the Commission does not report within 180 days, unless a longer period shall have been established, the governing body may act on the application without the recommendation of the Commission.
(2)
The governing body shall hold a public hearing and
approve or deny any special use permit application within 12 months
after receiving the Commission's recommendation or referral without
recommendation. Failure to act on any permit within this twelve-month
period shall be deemed denial of the permit.
(3)
Any special use permit granted shall be null and void
two years after approval by the governing body if the use or development
authorized by the permit is not commenced to a degree that, in the
opinion of the Zoning Administrator, clearly establishes the intent
to utilize the granted special use permit in a period of time deemed
reasonable for the type and scope of improvements involved or upon
a statement of abandonment of the special use permit, in writing,
by the permit holder.
(4)
Special uses which are approved by the governing body
shall run with the land.
(5)
Special uses which are approved by the governing body
shall be granted for finite and defined periods of time, except that:
(a)
Activities or uses approved by a special use
permit which are discontinued for a period of more than two consecutive
years shall not be reestablished on the same property unless a new
special use permit is issued in accord with this chapter.
(b)
A special use permit shall be subject to immediate review pursuant to Subsection D(5) above if, at the time of the commencement of the authorized use, activity, or structure, the site for which the permit has been granted contains other uses, activities or conditions not in place at the time of the issuance of the special use permit.
(c)
The governing body may, as a condition of the
permit, establish a specific time period or conditions during which
the permit shall be valid.
F.
Appeals. Any appeal of the decision of the governing
body denying or approving an issuance of a special use permit may
be taken by any aggrieved party to the Circuit Court. Any such appeal
shall be filed within 30 days of the action of the governing body.
A.
A board consisting of five members shall be appointed
by the Circuit Court of Page County. Members of the Board may receive
such compensation as may be authorized by the governing body. Members
shall be removable for cause by the appointing authority upon written
charges and after public hearing. Appointments for vacancies occurring
otherwise than by expiration of term shall in all cases be for the
unexpired term. A member whose term expires shall continue to serve
until his successor is appointed and qualifies. Members of the Board
shall hold no other public office in the County except that one may
be a member of the County Planning Commission.
[Amended 3-9-1992]
B.
The terms of office shall be for five years, except
that of the first five members appointed, one shall serve for five
years, one for four years, one for three years, one for two years
and one for one year. One of the five appointed members may be an
active member of the Planning Commission.
[Amended 3-9-1992]
C.
Any member of the Board shall be disqualified to act
upon a matter before the Board with respect to property in which the
member has a legal interest.
D.
With the exception of its Secretary, the Board shall
elect from its own membership its officers, who shall serve annual
terms as such and may succeed themselves. The Board may elect as its
Secretary either one of its members or a qualified individual who
is not a member of the Board. A Secretary who is not a member of the
Board shall not be entitled to vote on matters before the Board.
E.
The Secretary of the Board shall notify the Court
at least 30 days in advance of the expiration of any term of office
and shall also notify the Court promptly if any vacancy occurs.
The Board of Zoning Appeals shall have the following
powers and duties:
A.
To hear and decide appeals from any order, requirement,
decision or determination made by an administrative officer in the
administration or enforcement of this chapter or of any ordinance
adopted pursuant thereto.
B.
To authorize, upon appeal or original application
in specific cases, such variance from the terms of this chapter as
will not be contrary to the public interest when, owing to special
conditions, a literal enforcement of the provisions will result in
unnecessary hardship, provided that the spirit of this chapter shall
be observed and substantial justice done, as follows:
(1)
When a property owner can show that his property was
acquired in good faith and where, by reason of the exceptional narrowness,
shallowness, size or shape of a specific piece of property at the
time of the effective date of this chapter or where by reason of exceptional
topographic conditions or other extraordinary situation or condition
of such piece of property or of the use or development of property
immediately adjacent thereto, the strict application of the terms
of this chapter would effectively prohibit or unreasonably restrict
the use of the property or where the Board is satisfied, upon the
evidence heard by it, that the granting of such variance will alleviate
a clearly demonstrable hardship approaching confiscation, as distinguished
from a special privilege or convenience sought by the applicant, provided
that all variances shall be in harmony with the intended spirit and
purpose of this chapter.
(2)
No such variance shall be authorized by the Board
unless it finds that the strict application of this chapter would
produce undue hardship, that such hardship is not shared generally
by other properties in the same zoning district and the same vicinity
and that the authorization of such variance will not be of substantial
detriment to adjacent property and that the character of the district
will not be changed by the granting of the variance.
(3)
No such variance shall be authorized except after
notice and hearing as required by § 15.1-431 of the Code
of Virginia 1950, as amended.
(4)
No variance shall be authorized unless the Board finds
that the condition or the situation of the property concerned or the
intended use of the property is not of so general or recurring a nature
as to make reasonably practicable the formulation of a general regulation
to be adopted as an amendment to this chapter.
(5)
In authorizing a variance, the Board may impose such
conditions regarding the location, character and other features of
the proposed structure or use as it may deem necessary in the public
interest and may require a guaranty or bond to ensure that the conditions
imposed are being and will continue to be complied with. Notwithstanding
any other provision of law, the property upon which a property owner
has been granted a variance shall be treated as conforming for all
purposes under state law and local ordinance; however, the structure
permitted by the variance may not be expanded unless the expansion
is within an area of the site or part of the structure for which no
variance is required under the ordinance. Where the expansion is proposed
within an area of the site or part of the structure for which a variance
is required, the approval of an additional variance shall be required.
[Amended 9-16-2008]
(6)
The existence of a nonconformance in the same or other
zoning district shall in or of itself not be considered grounds for
the granting of a variance.
(7)
Economic gain or economic hardship shall not be considered
grounds for the granting of a variance.
C.
To hear and decide appeals from the decision of the
Zoning Administrator. No such appeal shall be heard except after notice
and hearing as provided by § 15.1-431 of the Code of Virginia
1950, as amended.
D.
To hear and decide applications for interpretation
of the district map where there is any uncertainty as to the location
of a district boundary. After notice to the owners of the property
affected by any such question and after public hearing with notice
as required by § 15.1-431, the Board may interpret the map
in such way as to carry out the intent and purpose of this chapter
for the particular section or district in question. The Board shall
not have the power to change substantially the locations of district
boundaries as established by ordinance, and the Board shall not have
authority to rezone property.
A.
The Board of Zoning Appeals shall adopt such rules
and regulations as it may consider necessary.
B.
The meeting of the Board shall be held at the call
of its Chairman or at such times as a quorum of the Board may determine.
C.
The Chairman or, in his absence, the Acting Chairman
may administer oaths and compel the attendance of witnesses.
D.
The Board shall keep minutes of its proceedings, showing
the vote of each member upon each question or, if absent or failing
to vote, indicating such fact. It shall keep records of its examinations
and other official actions, all of which shall be immediately filed
in the office of the Board and shall be a public record.
E.
All meetings of the Board shall be open to the public.
F.
A quorum shall be at least three members.
G.
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 this chapter or to effect any variance from this chapter.
[Amended 9-16-2008]
An appeal to the Board may be taken by any person
aggrieved or by any officer, department, board or bureau of the County
or municipality affected by any decision of the Zoning Administrator
or from any order, requirement, decision or determination made by
any other administrative officer in the administration or enforcement
of this chapter or any ordinance adopted pursuant thereto. Notwithstanding
any provision to the contrary, any written notice of a zoning violation
or a written order of the Zoning Administrator dated on or after July
1, 1993, shall include a statement informing the recipient that he
may have a right to appeal the notice of a zoning violation or a written
order within 30 days in accordance with this section, and that the
decision shall be final and unappealable if not appealed within 30
days. The appeal period shall not commence until the statement is
given. A written notice of a zoning violation or a written order of
the Zoning Administrator that includes such statement sent by registered
or certified mail to, or posted at, the last known address of the
property owner as shown on the current real estate tax assessment
books or current real estate tax assessment records shall be deemed
sufficient notice to the property owner and shall satisfy the notice
requirement of this section. 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
from 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 proceedings 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.
A.
Appeals and applications for special exceptions shall
be mailed to the Board of Zoning Appeals, c/o the Zoning Administrator,
and a copy of the appeal 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.
The County Planning Commission may send a recommendation
to the Board of Zoning Appeals or appear as a party at the hearing.
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 decide the same
within 60 days. 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 this chapter or to effect any variance from
this chapter. The Board shall keep a full public record of its proceedings
and shall submit a report of its activities to the governing body
at least once each year. The Chairman of the Board or, in his absence,
the Acting Chairman may administer oaths and compel the attendance
of witnesses. All hearings shall be advertised in accordance with
§ 15.1-431 of the Code of Virginia 1950, as amended.
Any person or persons jointly or severally aggrieved
by any decision of the Board of Zoning Appeals or any taxpayer or
any officer, department, board or bureau of the County or municipality
may present to the Circuit Court of the County a petition specifying
the grounds on which aggrieved within 30 days after the filing of
the decision in the office of the Board.
A.
Upon the presentation of such petition, the Court
shall allow a writ of certiorari to review the decision of the Board
of Zoning Appeals and shall prescribe therein the time within which
a return thereto must be made and served upon the relator's attorney,
which shall not be less than 10 days and may be extended by the Court.
The allowance of the writ shall not stay proceedings upon the decision
appealed from, but the Court may, on application, on notice to the
Board and on due cause shown, grant a restraining order.
B.
The Board of Zoning Appeals shall not be required
to return the original papers acted upon by it, but it shall be sufficient
to return certified or sworn copies thereof or such portions thereof
as may be called for by such writ. The return shall concisely set
forth such facts as may be pertinent and material to show the grounds
of the decision appealed from and shall be verified.
C.
If, upon the hearing, it shall appear to the Court
that testimony is necessary for the proper disposition of the matter,
it may take evidence or appoint a commissioner to take such evidence
as it may direct and report the same to the Court with his findings
of fact and conclusions of law, which shall constitute a part of the
proceedings upon which the determination of the Court shall be made.
The Court may reverse or affirm, wholly or partly, or may modify the
decision brought up for review.
D.
Costs shall not be allowed against the Board, unless
it shall appear to the Court that it acted in bad faith or with malice
in making the decision appealed from. In the event that the decision
of the Board is affirmed and the Court finds that the appeal was frivolous,
the Court may order the person or persons who requested the issuance
of the writ of certiorari to pay the costs incurred in making a return
of the record pursuant to the writ of certiorari.
