A Board of Zoning Appeals is hereby established with membership and appointment provided in accordance with the West Virginia Code.
(a) The Board shall consist of five (5) members appointed by Town Council. The members of the Board shall be residents of the Town of Fayetteville for at least three (3) 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; one for a term of two years; and one 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.
(b) The governing body may appoint up to three (3) additional members to serve as alternate members of Board of Zoning Appeals. The alternate members must meet the same eligibility requirements as set out in subsection (a) of this section. The term for an alternate member is three (3) years. The governing body may appoint alternate members on a staggered term schedule.
(c) At its first regular meeting each year, a Board of Zoning Appeals shall elect a chairperson and vice chairperson from its membership. The vice chairperson shall have the power and authority to act as chairperson during the absence or disability of the chairperson.
(d) A 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. A Board of Zoning Appeals must have quorum to conduct a meeting. A majority of the members of a 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.
(e) 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 a zoning ordinance 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 the zoning ordinance;
(3) Hear and decide conditional uses of the zoning ordinance upon which the board is required to act under the zoning ordinance;
(4) Authorize, upon appeal in specific cases, a variance to the zoning ordinance;
(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 article;
(7) Keep minutes of its proceedings.
(8) Keep an accurate and complete audio record of all the Board's proceedings and official actions and keep the audio record in a safe manner, which audio record is accessible within twenty-four 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.
(Passed 7-7-22.)