(A) A Board of Zoning Appeals is hereby established with membership and appointment provided in accordance with the West Virginia Code.
(B) (1) The Board shall consist of five members appointed by City Council. The members of the Board shall be residents of the city for at least three years preceding his or her appointment. Members cannot be a member of the Planning Commission and cannot hold any other elective or appointive office in municipal government. Upon creation of the Board of Zoning Appeals, the members shall be appointed for the following terms: one for a term of one year; two for a term of two years; and two for a term of three years. The terms shall expire on the first day of January of the first, second, and third year, respectively, following their appointment. Thereafter, members shall serve three-year terms. If a vacancy occurs, Council shall appoint a member for the unexpired term. A Board member may be removed only for official misconduct or neglect of duty by action of Council upon presentation of written charges.
(2) The governing body may appoint up to three additional members to serve as alternate members of the Board of Zoning Appeals. The alternate members must meet the same eligibility requirements as set out in division (A) above. The term for an alternate member is three years. The governing body may appoint alternate members on a staggered term schedule.
(C) An alternate member shall serve on the Board when one of the regular members is unable to serve. The alternate member shall serve until a final determination is made in the matter to which the alternate member was initially called on to serve during the alternate member’s term.
(D) The Board of Zoning Appeals shall establish written rules and procedures for designating an alternate member. An alternate member shall have the same powers and duties of a regular Board member.
(E) The members and alternate members of the Board of Zoning Appeals shall serve without compensation but shall be entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their official duties.
(F) At the first regular meeting each year, the Board of Zoning Appeals shall elect a chairperson and vice chairperson from its members. The vice chairperson shall have the power and authority to act as chairperson during the absence or disability of the chairperson.
(G) The Board of Zoning Appeals shall meet quarterly and may meet more frequently at the written request of the chairperson or by two or more members. Notice for a special meeting must be in writing; include the date, time, and place of the special meeting; and be sent to all members at least two days before the special meeting. Written notice of a special meeting is not required if the date, time, and place of the special meeting were set in a regular meeting. The Board of Zoning Appeals must have a quorum to conduct a meeting. A majority of the members of the Board of Zoning Appeals is a quorum. No action of a Board is official unless authorized by a majority of the members present at a regular or properly called special meeting.
(H) The Board of Zoning Appeals has the following duties:
(1) Hear, review, and determine appeals from an order, requirement, decision, or determination made by an administrative official or board charged with the enforcement of this code or rule and regulation adopted pursuant thereto;
(2) Authorize exceptions to the district rules and regulations only in the classes of cases or in particular situations, as specified in this code;
(3) Hear and decide conditional uses of this code upon which the Board is required to act;
(4) Authorize, upon appeal in specific cases, a variance to this code;
(5) Reverse, affirm, or modify the order, requirement, decision, or determination appealed from and have all the powers and authority of the official or Board from which the appeal was taken;
(6) Adopt rules and regulations concerning:
(a) The filing of appeals, including the process and forms for the appeal;
(b) Applications for variances and conditional uses;
(c) The giving of notice; and
(d) The conduct of hearings necessary to carry out the Board’s duties under the terms of this chapter;
(7) Keep minutes of its proceedings;
(8) Keep an accurate and complete audio record of all of the Board’s proceedings and official actions and keep the audio record in a safe manner, which audio record is accessible within 24 hours of demand, for three years;
(9) Record the vote on all actions taken;
(10) Take responsibility for the custody and preservation of all papers and documents of the Board. All minutes and records shall be filed in the office of the Board and shall be public records;
(11) With consent from the governing body, hire employees necessary to carry out the duties and responsibilities of the Board; provided, that the governing body sets the salaries; and
(12) Supervise the fiscal affairs and responsibilities of the Board.
(Ord. 301, passed 8-18-2022)