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.

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.

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.

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.

Until all application fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

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.

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.

Members may be removed for cause by the appointing authority upon written charges and after a public hearing.

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.

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.

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.

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:

To hear and decide appeals from the decision of the Zoning Administrator.

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 Board of Zoning Appeals shall adopt such rules and regulations as it may consider necessary.

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.

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.

All meetings of the Board shall be open to the public.

A quorum shall be at least three members.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.