A.
No buildings or structures shall be started, repaired,
reconstructed, enlarged or altered nor use begun until after a zoning
permit has been obtained from the Administrator after approval by
the Planning Commission, except for the exemption contained within
site plan requirements.
B.
Each application for a zoning permit shall be accompanied by three copies of an adequately dimensioned drawing meeting the requirements of Article VIII, Site Plans. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, the location and arrangement of off-street parking, the location of such building or use with respect to the property line of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land, the developer's drainage plan for properly distributing surface water and additional information as required by this chapter. Any other information which the Administrator may deem necessary for the consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the Administrator after approval by the Planning Commission. One copy of the drawing shall be returned to the applicant with the permit.
Land may be used or occupied and buildings which
have been structurally altered or erected may be used or changed in
use only after a certificate of occupancy has been issued by the Administrator.
Such a permit shall state that the building or the proposed use thereof
or the use of the land complies with the provisions of this chapter.
A similar certificate shall be issued for the purpose of maintaining,
renewing, changing or extending a nonconforming use. A certificate
of occupancy, either for the whole or part of a building, shall be
applied for simultaneously with the application for a zoning permit.
The certificate shall be issued within 10 days after the erection
or structural alteration of such building or part has conformed with
the provisions of this chapter, the Uniform Statewide Building Code[1] and other pertinent state regulations.
[1]
Editor's Note: See § 36-97 et seq.
of the Code of Virginia.
Where uses are permitted by special permit,
the location and beginning of such uses shall require, in addition
to the zoning permit and certificate of occupancy, a special use permit.
These permits shall be subject to such conditions as required in this
chapter and those that the governing body, upon recommendation of
the Planning Commission, deems necessary to carry out the intent of
this chapter. Application for such permit shall be made to the Administrator.
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 permits,
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.
A.
A Board of Zoning Appeals consisting of five Town
residents shall be appointed by the Circuit Court of the county. The
Board shall serve without pay, other than for traveling expenses,
and members shall be removable for malfeasance, misfeasance or nonfeasance
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.
B.
The term 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.
C.
Members may be removed for cause by the appointing
authority upon written charges and after a public hearing.
D.
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 an interest.
E.
The Board shall choose annually from its own membership
its own Chairman, Vice Chairman (who shall act in the absence of the
Chairman) and Secretary.
The powers of the Board of Zoning Appeals shall
be as follows:
A.
To hear and decide appeals from any order, requirements,
decisions and determinations 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 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 topographical 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:
(a)
The strict application of the chapter would
produce undue hardship;
(b)
Such hardship is not shared generally by other
properties in the same zoning district and the same vicinity; and
(c)
The authorization of such variance will not
be of substantial detriment to adjacent property and 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 § 15.2-2204 of the Code
of Virginia, as amended.
(4)
No variance shall be authorized unless the Board finds
that the condition or 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.
C.
To hear and decide appeals from the decision of the
Zoning Administrator.
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. Public hearings, after appropriate notice,
must be held prior to such adjustments. The Board shall not have the
power to change substantially the locations of district boundaries
as established by this chapter. The Board shall not have the power
to rezone property.
The rules and regulations of the Board of Zoning
Appeals shall be as follows:
A.
The Board of Zoning Appeals shall adopt such rules
and regulations as it may consider necessary.
B.
The meetings of the Board shall be held at the call
of its Chairman or at such time 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. 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.
D.
All meetings of the Board shall be open to the public.
E.
A quorum shall be at least three members.
F.
A favorable vote of three members of the Board shall
be necessary to reverse any order, requirement, decision or determination
of any administrative official or to decide in favor of the applicant
on any matter upon which the Board is required to pass.
An appeal to the Board may be taken by any person
aggrieved or by any officer, department, board or bureau of the Town
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 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.
Appeals shall be mailed to the Board of Zoning
Appeals in care of the Zoning Administrator and a copy of the appeal
mailed to the Secretary of the Planning Commission. A third copy shall
be mailed to the individual, official, department or agency concerned,
if any.
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 any order, requirement, decision
or determination of an administrative officer or 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 minutes of its proceedings and other official actions,
which shall be filed in the office of the Board and shall be a public
record. The Chairman of the Board or, in his absence, the Acting Chairman
may administer oaths and compel the attendance of witnesses.
The following procedures for appeal shall apply:
A.
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 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. 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 realtor'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 and on notice to the Board and for 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 of such portions thereof
as may be called for by such writ. The return shall concisely set
forth such other 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.
A.
All departments, officials and public employees of
this jurisdiction which are vested with the duty or authority to issue
permits or licenses shall conform to the provisions of this chapter.
They shall issue permits for uses, buildings or purposes only when
they are in harmony with the provisions of this chapter. Any such
permit, if issued in conflict with the provisions of this chapter,
shall be null and void.
B.
Any person, firm or corporation, whether as principal,
agent, employee or otherwise, violating, causing or permitting the
violation of any of the provisions of this chapter shall be guilty
of a misdemeanor and, upon conviction thereof, may be fined in accordance
with the Code of Virginia, as amended. Such person, firm or corporation
shall be deemed to be guilty of a separate offense for each and every
day during which any portion of any violation of this chapter is committed,
continued or permitted by such person, firm or corporation and shall
be punishable as herein provided.
Use or any other regulations, restrictions and
boundaries established in this chapter may, from time to time, be
amended, supplemented, changed, modified or repealed by a favorable
majority of votes of the governing body, provided that a public hearing
shall be held in relation thereto at which parties in interest and
citizens shall have an opportunity to be heard. Notices shall be given
of the time and place of such hearings by publication in at least
two issues of some newspaper having a general circulation in the jurisdiction,
as set forth in § 15.2-2204, Code of Virginia, as amended.
Not less than six days shall elapse between the first and second publication.
Such notice shall specify the time and place of hearing at which persons
affected may appear and present their views. After enactment of any
such plans, ordinance or amendment, further publication thereof shall
not be required.
A.
When a proposed amendment of this chapter involves
a change in the zoning classification of 25 or fewer parcels of land,
then, in addition to the advertising as above required, notice in
accordance with § 15.2-2204 of the Code of Virginia, as
amended, shall be given by the Commission at least five days before
the hearing to the owner or owners, their agent or the occupant of
each parcel involved and to the owners, their agent or the occupant
of all abutting property and property affected. In any county or municipality
where notice is required under the provisions of this section, notice
shall also be given to the owners, their agent or the occupant of
all abutting property and property immediately across the street from
the property affected which lies in an adjoining county or municipality
of the commonwealth. If the hearing is continued, notice shall be
remailed. Whenever the notices required hereby are sent by an agency,
department or division of the local governing body, such notices may
be sent by first class mail; provided, however, that a representative
of such agency, department or division shall make affidavit that such
mailings have been made and file such affidavit with the papers in
the case. Costs of any notice required under this chapter shall be
taxed to the applicant.
B.
Changes shall be made by the governing body in this
chapter or the Zoning Map only after such changes have been referred
to the Planning Commission for its recommendation. Action shall be
taken by the governing body only after a report has been received
from the Planning Commission, unless a period of 90 days has elapsed
after date of referral to the Commission, after which time it may
be assumed the Commission has approved the change or amendment. No
land may be zoned to a more intensive use classification than was
contained in the public notice without an additional public hearing
after notice as required herein.
C.
Individual property owners may petition the governing
body to have their property rezoned by submitting their request in
writing to the Town of Stanley, Virginia. The fee imposed shall be
used to defray the cost of advertising and administration. After proper
public hearing, the Planning Commission shall make its recommendation
to the Town Council, which will then act upon the applicant's request.
If the Planning Commission makes no recommendation within 90 days
from the date of referral, Council may assume that the Commission
concurs with the applicant.
This chapter shall be enforced by the Administrator,
who shall be appointed by the governing body. The Administrator shall
serve at the pleasure of that body. Compensation for such shall be
fixed by resolution of the governing body.
Nothing contained herein shall require any change
in the plans or construction of any building or structure for which
a permit was granted prior to the effective date of this chapter.
However, such construction must commence within 30 days after this
chapter becomes effective and be completed within a period of one
year after construction is initiated. If construction is discontinued
for a period of six months or more, further construction shall be
in conformity with the provisions of this chapter for the district
in which the operation is located.
