(a) Appeals. Appeals from orders, requirements, decisions, or determinations made by the City Engineer/Planning Director or designee or Planning Commission under this Ordinance, or any rule or regulation adopted pursuant thereto, may be made to the Berkeley County Circuit Court.
(b) Waivers.
(1) The Planning Commission may grant a Waiver to the requirements of one or more of the provisions of this Ordinance only when the Commission finds that granting a Waiver will be consistent with all of the following criteria and the exception is the minimum necessary to afford relief:
A. That the design of the project will provide public benefit such as a reduction in City maintenance cost, greater Open Space, or benefits of a similar nature;
B. The Waiver, if granted, will not adversely affect the public health, safety or welfare, or the rights of Adjacent Property Owners or residents;
C. That the Waiver, if granted, will be in keeping with the intent and purpose of this Ordinance; and
D. That the Waiver, if granted, will result in a project of better quality and/or character.
E. No process or procedural Waivers will be granted.
(2) An application for a Waiver may be made by anyone with a financial interest in a property. The owner is responsible for providing all information and justification for the Waiver request.
(3) All requests for a Waiver shall be in writing and shall accompany the Preliminary Plat submission. The request shall cite or refer to the sections of this Ordinance involved and the minimum modification necessary. The Planning Commission shall keep a written record of all actions on all requests for Waivers.
(4) The Planning Commission shall not be bound by the terms of the Applicant’s request for Waiver(s), and may grant Waivers with such conditions as will, in the estimation of the Commission, assure adherence to the intent of the standards or requirements being waived.
(5) Waivers which are granted shall be noted upon the Final Plat.
(c) Amendments. Pursuant to West Virginia Code §8A-4-5, all amendments to this Ordinance shall be made by City Council after holding a public hearing with public notice.
(Ord. 2022-13. Passed 11-10-22.)