(a) Within ten (10) days of receipt of the appeal by the City of Lewisburg Board of Zoning Appeals (BZA), the BZA shall set a time for the hearing of the appeal and give notice. The hearing on the appeal must be held within forty-five (45) days of receipt of the appeal by the Board.
(b) At least fifteen (15) days prior to the date set for the hearing on the appeal, the BZA shall publish a notice of the date, time, and place of the hearing on the appeal as a Class I legal advertisement, pursuant to the West Virginia Code, and written notice shall be given to the interested parties. The publication area shall be the area covered in the appeal.
(c) The BZA may require the party taking the appeal to pay for the cost of public notice and written notice to interested parties.
(d) At the hearing, any party may appear in person, by agent, or by an attorney licensed to practice in this state.
(e) Every decision by the BZA shall be in writing and state specific findings of fact and conclusions of law on which the BZA based its decision. If the BZA fails to provide findings of fact and conclusions of law adequate for decision by the circuit court and as a result of the failure, the circuit court returns an appealed matter to the BZA and dismisses jurisdiction over an applicant's appeal without deciding the matter, whether the court returns the matter with or without restrictions, the BZA shall pay any additional costs for court filing fees, service of process, and reasonable attorney's fees required to permit the person appealing the BZA's decision to return the matter to the circuit court for the completion of the appeal.
(f) The written decision by the BZA shall be rendered within thirty (30) days after the hearing. If the BZA fails to render a written decision within thirty days after the hearing, then any party may pursue additional legal remedies to obtain a decision, including, but not limited to, seeking a writ of mandamus.
(g) When an appeal has been filed with the BZA, all proceedings and work on the premises in question shall be stayed, except as provided below:
(1) If the official or board from where the appeal was taken certifies in writing to the BZA that a stay would cause imminent peril to life or property;
(2) Upon further administrative proceedings, including, but not limited to, submissions to and reviews by the staff or any administrative body; or
(3) Upon engineering or architectural work that does not disturb the real estate beyond what is necessary to complete engineering, survey work, or other tests.
(h) Petition for Writ of Certiorari. The final decision of the City of Lewisburg Board of Zoning Appeals shall be subject to review by the Circuit Court of Greenbrier County, West Virginia, by certiorari, as provided by West Virginia Code Section 8A-9-1 et seq.
(i) Nothing in this Section prevents a party from obtaining an injunction.
(Ord. 319. Passed 6-18-24.)
CODIFIED ORDINANCES OF LEWISBURG