(A) An appeal taken from any order, requirement, decision or determination made by an administrative official or Board charged with the enforcement of this chapter shall be filed with the Board of Zoning Appeals. The appeal shall specify the grounds thereof and shall be filled within such time and in such form as may be prescribed by the Board by general rule and regulation. The administrative official or Board from whom or which the appeal is taken shall, upon request of the Board of Zoning Appeals, transmit to it all documents, plans and papers constituting the record of the action from which an appeal was taken.
(B) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal. Public notice of the hearing shall be given in the manner specified in W. Va. Code Chapter 8, Section 18, Article 24, and due notice shall be given additionally to the interested parties. The Board of Zoning Appeals may require the party taking the appeal to assume the cost of public notice and due notice to interested parties. At the hearing, any party may appear in person by agent or by attorney at law admitted to practice in this state.
(C) When an appeal has been taken and filed with the Board of Zoning Appeals, all proceedings and work on the premises in question shall be stayed unless the official or Board from whom or which the appeal was taken shall certify to the Board of Zoning Appeals that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. If such certificate be filed, proceedings or work on the premises shall not be stayed except by a restraining order which may be granted by the circuit court of the county in which the premises affected are located, upon application therefore, on notice to the official or Board from whom or which the appeal is taken and the owner of the premises affected and on due cause shown.
(Ord. 21, passed 1-14-2020)