(A) An outdoor dining area permit is a privilege granted to the operator that may be revoked by the city upon finding by the Zoning Officer that the operator has violated any federal, state or city law applicable to the outdoor dining area or the operation thereof, including but not limited to, compliance with all code provisions and regulations of the WVABCA, that the continued operation of the outdoor dining area poses a threat to the health, safety or welfare of the public, or that the outdoor dining area constitutes a public nuisance.
(B) An applicant who has been denied a permit, or an operator whose permit has been revoked may appeal the denial or revocation to the City of Elkins Board of Zoning Appeals (BZA). The provisions of Chapter 152 of the City of Elkins Code of Ordinances. Such appeal may be made in writing within 30 days following the decision appealed from, on forms available at the Zoning Officer, and shall set forth the basis on which the person contests the decision. Within ten days of receipt of the appeal by the BZA, the BZA shall set a date and time for a public hearing. The public hearing shall be held within 45 days of receipt of the appeal to the BZA. The BZA shall conduct a public hearing on the appeal and may: deny the appeal and uphold the original order, requirement, decision or determination; grant the appeal and overturn the original order, requirement, decision or determination; or, issue an order which denies part of the appeal and grants part of the appeal. The BZA shall make written findings of fact and conclusions of law on which the BZA based its decision. The decision of the BZA may be appealed by either party, within 30 days, to the Randolph County Circuit Court, as set forth in WV Code §§ 8A-9-l through 8A-9-7/
(Ord. 300, passed 7-28-2022) Penalty, see § 93.999