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PURPOSE AND INTERPRETATION
(A) Title. This chapter shall be known as the “City of Nitro, West Virginia Planning and Zoning Ordinance”.
(B) Purpose. The purpose of this chapter is to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within this jurisdiction.
(C) Scope. This chapter shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land or sign within the city, unless otherwise excepted.
(1) Where, in any specific case, different sections of this chapter specify different requirements, the more restrictive shall govern. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall govern.
(2) In fulfilling these purposes, this chapter is intended to benefit the public as a whole and not any specific person or class of persons. Although through the implementation, administration and enforcement of this chapter, benefits and detriments will be enjoyed or suffered by specific individuals, those results are merely a by-product of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the city by this chapter shall not be enforceable in tort.
(3) If any portion of this chapter is held invalid for any reason, the remaining herein shall not be affected.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
(A) General. Lawfully established buildings and uses in existence at the time of the adoption of this chapter shall be permitted to have their existing use or occupancy continued, provided such continued use is not dangerous to life.
(B) Additions, alterations or repairs. Additions, alterations or repairs shall be permitted to be made to any building or use without requiring the existing building or use to comply with the requirements of this chapter; provided, that the addition, alteration or repair conforms to that required for a new building or use.
(C) Moved and temporary buildings, structures, and uses.
(1) Buildings or structures moved into or within the city shall comply with the provisions of this chapter for new buildings and structures.
(2) Temporary buildings, structures and uses such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public shall be permitted to be erected, provided a special approval is received from the Code Official for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.
(D) Illegal uses. Illegal uses are uses of property that were nonconforming uses prior to the adoption of this chapter that shall remain nonconforming uses unless through the adoption of this chapter the use is determined by the Planning Commission to be conforming, and uses of property commenced subsequent to the adoption of this chapter that are not in compliance with the requirements of this chapter.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
(A) General. The Code Official shall be responsible for the enforcement of the requirements established by this chapter.
(B) Deputies. The Code Official may from time to time authorize the appointment of other city employees to assist the Code Official in carrying out the functions of this chapter.
(C) Comprehensive plan. The Code Official shall assist the Planning Commission in the development and implementation of the comprehensive plan.
(D) Administrative reviews and permits.
(1) Review of building permits. All applications for building permits and amendments thereto shall be submitted to the Code Official for review and shall be approved prior to permit issuance. Each application shall include a set of building plans, site plans and all data necessary to show that the requirements of this chapter are satisfied.
(2) Conditional-use permits and variances. The Code Official shall receive and review for completeness all applications for conditional uses and variances or other plans as shall be permitted or approved as required by this chapter, and prepare submittals for review by the Planning Commission.
(3) Amendments. All requests for amendments or changes to the comprehensive plan, or this chapter or map shall be submitted to the Code Official for processing.
(E) Interpretations. The Code Official shall interpret and apply the provisions of this chapter. Any appeal of an interpretation by the Code Official shall be submitted to the Board of Zoning Appeals in accordance with the procedures provided in § 152.007 of this chapter. The Board of Zoning Appeals is authorized to interpret this chapter, and such interpretation shall be considered final.
(1) Uses are permitted within the various zones as described in this chapter and as otherwise provided herein.
(2) It is recognized that all possible uses and variations of uses which might arise cannot reasonably be listed or categorized. Mixed uses/sites or any use not specifically mentioned or about which there is any question shall be administratively classified by comparison with other uses identified in the zones described in this chapter. If the proposed use resembles identified uses in terms of intensity and character, and is consistent with the purpose of this chapter, and the individual zone’s classification, it shall be considered as a permitted/non-permitted use, as applicable, within a general zone classification, subject to the regulations for the use it most nearly resembles. If a use does not resemble other identified allowable uses within a zone, it may be permitted as determined by the Planning Commission after public hearing as an amendment to this chapter pursuant to the procedures provided in § 152.005 of this chapter.
(F) Liability. This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the city be held as assuming any such liability by reason of the reviews or permits issued under this chapter.
(G) Cooperation of other officials and officers. The Code Official may request, and shall receive so far as is required in the discharge of the duties described in this chapter, the assistance and cooperation of other officials of the city.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
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