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(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)
(A) General. Article 149 of the prior code of ordinances is hereby repealed and the Planning Commission, including its rights, duties and responsibilities, are stated to be as follows.
(B) Establishment of the Planning Commission. The Planning Commission existing at the time this chapter is enacted shall be continued. The Planning Commission so established shall operate in accordance with W. Va. Code Chapter 8A, Article 2, as amended. The Planning Commission shall consist of ten members, one of whom shall be the Mayor, or his or her designee, and one of whom shall be a member of the City Council.
(C) Terms for members. The terms of office for the Mayor, or his or her designee, and the member of the City Council shall be the same as their respective term in office. The terms of office for the remaining members of the Planning Commission shall be three years with the terms being staggered so that approximately one-third of the terms expire every year. Members may be removed for cause upon written charges and after a public hearing before the City Council, if such a hearing is requested.
(D) Selection of members. All members shall be appointed by the Mayor and approved by the City Council. The terms of office for the Planning Commission members shall be staggered at intervals so as to provide continuity in policy and personnel. Members of the Planning Commission shall be residents of the city, and at least three-fifths of the members shall have been residents of the city for at least three years prior to appointment. Members of the Planning Commission shall serve without compensation. Any vacancy for the unexpired term of any member whose term is not completed shall be filled by the City Council. A member shall continue to serve until a successor has been appointed and approved by the City Council for the remainder of the unexpired term.
(E) Chairperson election and rules adoption. The Planning Commission shall elect from its membership a Chairperson. It shall also establish and adopt rules for its organization and transaction of business and shall keep a public record of its proceedings.
(F) Planning Commission Secretary. A Secretary to assist the Planning Commission may be appointed by the Code Official, with the advice and consent of the City Council. The Secretary, if appointed, shall keep minutes of the Planning Commission meetings for public record, conduct all correspondence, including the notification of decisions, certify records, and prepare and submit the minutes of Planning Commission meetings to the Chairperson and the Planning Commission.
(G) Duties and powers of the Planning Commission.
(1) Comprehensive plan.
(a) It shall be the duty of the Planning Commission, after holding public hearings, to create and recommend to the City Council a comprehensive plan for the physical development of the city, which shall be permitted to include areas outside its boundaries which bear consideration to the planning of the city. The comprehensive plan shall include at least the following elements:
1. Official maps;
2. Growth and land use;
3. Commercial/industrial uses;
4. Transportation and utilities;
5. Community facilities;
6. Housing;
7. Environmental; and
8. Geologic/natural hazards.
(b) The Planning Commission shall be permitted also to recommend amendments to the comprehensive plan regarding the administration or maintenance of this zoning chapter.
(2) Zoning regulations. It shall be the duty of the Planning Commission to develop and recommend to the City Council a zoning chapter, in accordance with the guidelines of the comprehensive plan, establishing zones within the city. The zoning regulations shall demonstrate an understanding of the character of each district and the most appropriate use of land within the city.
(a) Amendments. This chapter may be amended, but all proposed amendments shall be submitted to the Code Official for review and recommendation to the Planning Commission.
(b) The Planning Commission shall make periodic reports and recommendations to the City Council.
(3) Division of land regulations. It shall be the duty of the Planning Commission to develop and certify procedures governing the division of land. All divisions of land shall be in accordance with the adopted procedures.
(4) Official zoning map. The City Council shall adopt an official zoning map for all areas included within the city.
(5) Abandonment of city real property. The Planning Commission shall hear all applications relating to the use or abandonment of the city’s real property.
(H) Procedures.
(1) Hearings. Upon receipt of an application in proper form, the Code Official shall either affirm or deny the application.
(2) Petitions. Any person with standing, seeking a decision by the Planning Commission on matters specified in divisions (G)(1) through (G)(5) above shall be permitted to petition to the Planning Commission by written request filed with the Code Official. Upon furnishing the proper information, the Code Official shall transmit to the Planning Commission all papers and pertinent data related to the appeal.
(a) Time limit. A petition shall only be considered if filed within 30 working days after the cause arises or the petition shall not be considered. If a petition is not made within the 30- day time period, the decision of the Code Official shall be considered final.
(b) Stays of proceedings. A petition stays all proceedings relating to the property in issue or any similarly situated property from further action unless there is immediate danger to public health and safety.
(c) Notice. The Planning Commission shall publish a notice of the time and place of the public hearing. Such notice shall be given by publishing said notice as a Class II legal advertisement in a newspaper of general circulation in the city and in accordance with W. Va. Code Article 59-3, as amended; provided, that the notice shall be published two times, with seven days elapsing between the two publications and the second publication being no more than five days before the public hearing. The public hearing notice shall state the nature of the request, the location of the property, and the time and place of hearing. Reasonable effort shall also be made to give notice by regular mail of the time and place of hearing to each surrounding property owner; the extent of the area to be notified shall be determined by the Code Official. A notice of the public hearing shall also be posted in a conspicuous manner on the subject property.
(d) Evidence. The Planning Commission shall hear all parties to the issue presented. The Planning Commission may require the party or parties to provide certain information in the form of maps relevant to the issue presented, blueprints, specific written statements explaining the application, and any other information deemed to be relevant to decision. The Planning Commission may also visit the property in issue and use any other information that it feels to be appropriate.
(e) Voting and notice of decision. A majority of the Planning Commission, in attendance at the hearing, shall decide any matter under consideration. Each decision shall be entered in the minutes by the Secretary, if appointed, or by the Chairperson if no Secretary is appointed. All petitions shall be shall be open to the public.
(f) Notice to be given to Code Official. Notice in writing of the decision and the disposition of each petition shall be given to the Code Official and each petitioner by mail or otherwise.
(g) Copy. The Planning Commission shall provide a copy of its decision to the City Council.
(3) Appeals and hearings. Any person with standing aggrieved by any decision of the Planning Commission shall have the right to appeal the decision to the City Council. Such appeals shall be filed with the City Recorder within 30 days after the decision was made by the Planning Commission and shall be based on the record.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
Upon adoption of this chapter by the City Council, no use, building or structure, whether publicly or privately owned, shall be constructed or authorized until the location and extent thereof conforms to this chapter.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
(a) Establishment of the Board of Zoning Appeals. The Board of Zoning Appeals existing at the time this chapter is enacted shall be continued. The Board of Zoning Appeals so established shall operate in accordance with the procedures and policies set forth in W. Va. Code Chapter 8A, Article 8, as amended. The Board of Zoning Appeals shall consist of the five members. Additionally, one member of the Planning Commission shall be appointed as liaison to the Board of Zoning Appeals. The member of the Planning Commission so appointed shall have the right to attend all meetings and take part in all discussions, but shall not vote on Board of Zoning Appeals decisions.
(B) Terms for members. The terms of office for the members of the Board of Zoning Appeals shall be three years with the terms being staggered so that approximately one-third of the terms expire every year. Members shall be permitted to be removed for cause upon written charges and after a public hearing before the City Council, if such hearing is requested.
(C) Selection of members. All members of the Board of Zoning Appeals shall be appointed and approved by the City Council. The terms of office shall be staggered at intervals, so as to provide continuity in policy and personnel. Members of the Board of Zoning Appeals shall be residents of the city. Members of the Board of Zoning Appeals shall serve without compensation. Any vacancy for the unexpired term of any member whose term is not completed shall be filled by the City Council for the remainder of the unexpired term. A member shall continue to serve until a successor has been appointed and approved by the City Council.
(D) Chairperson election and rules adoption. The Board of Zoning Appeals shall elect from its membership a Chairperson. It shall also establish and adopt rules for its organization and the transaction of business and shall keep a public record of its proceedings.
(E) Board of Zoning Appeals Secretary. A Secretary to assist the Board of Zoning Appeals may be appointed by the Code Official, with the advice and consent of the City Council. The Secretary, if appointed, shall keep minutes of the Board of Zoning Appeals meetings for public record, conduct all correspondence, including the notification of decisions, certify records, and prepare and submit the minutes of Board of Zoning Appeals meetings to the Chairperson and the Board of Zoning Appeals.
(F) Duties and powers.
(1) Errors. The Board of Zoning Appeals shall have the power to hear and decide on appeals where it is alleged that there is an error in any order, requirement, decision, determination or interpretation by the Code Official, or by any administrative official of the city charged with enforcement of this chapter.
(2) Variances. The Board of Zoning Appeals shall have the power to hear and decide on appeals wherein a variance to the terms of this chapter is proposed. Limitations as to the Board of Zoning Appeals authorization shall be as set forth in this chapter.
(3) Variance review criteria. The Board of Zoning Appeals may approve, approve with conditions or deny a request for a variance. Each request for a variance shall be consistent with the criteria listed below:
(a) The use of the property may be limited due to physical, topographic and geologic features;
(b) The grant of the variance will not grant any special privilege to the property owner;
(c) The applicant can demonstrate that without a variance there can be no reasonable use of the property;
(d) The grant of the variance is not based solely on economic reasons;
(e) The necessity for the variance was not created by the property owner;
(f) The variance requested is the minimum variance necessary to allow reasonable use of the property;
(g) The grant of the variance will not be injurious to the public health, safety or welfare; and
(h) The property subject to the variance request possesses one or more unique characteristics generally not applicable to similarly situated properties.
(4) Conditional use permits. It shall also be the duty of the Board of Zoning Appeals to review conditional use permit applications. The application shall be accompanied by maps, drawings or other documentation in support of the request. The granting of a conditional use permit shall not exempt the applicant from compliance with other relevant provisions of related section of this chapter.
(G) Use variance. The Board of Zoning Appeals shall not grant a variance to allow the establishment of a use in a zoning district when such use is prohibited by the provisions of this chapter.
(H) Decisions.
(1) The Board of Zoning Appeals shall be permitted to decide an appeal in any manner it sees fit; however, the Board of Zoning Appeals shall not have the authority to alter or change this chapter or zoning map, or to allow as a use that which would be inconsistent with the requirements of this chapter; provided, that any interpretation or application of this chapter shall not constitute the granting of a special privilege.
(2) The procedure to be utilized when seeking a decision by the Board of Zoning Appeals shall be as follows and shall be governed by the provisions the Code of West Virginia, as amended, and such rules not inconsistent therewith, as the Board of Zoning Appeals may adopt. In general, the procedure for appeal from action of the Code Official shall be as follows.
(a) Any appeal from the requirements of this chapter shall be on the form provided by the Code Official and shall be taken by filing with the Code Official a notice of appeal, specifying the grounds thereof. The Code Official shall forthwith transmit to the Board of Zoning Appeals all of the documents constituting the record upon which the action appealed was taken.
(b) The appellant shall, at the time of filing his or her appeal, pay to the Code Official the fee required by this chapter.
(c) Each appeal shall be tried on its merits at a public hearing. Notice of such appeal shall be given by publishing said notice as a Class II legal advertisement in a newspaper of general circulation in the city and in accordance with W. Va. Code Article 59-3, as amended; provided, that the notice shall be published two times, with seven days elapsing between the two publications and the second publication being no more than five days before the public hearing. The Board of Zoning Appeals shall give additional notice required by law to all parties in interest.
(d) The Board of Zoning Appeals may adjourn any hearing for the purpose of reviewing such data as may be pertinent to the problem involved and to request interpretations of said data by a representative of the Planning Commission.
(e) The Board of Zoning Appeals shall sit and decide each appeal within a reasonable time, and notice thereof shall be given to all parties interested. Each decision of the Board of Zoning Appeals shall be in writing, shall include findings of fact and conclusions of law, and shall be immediately filed in its office. If the Board of Zoning Appeals grants a variance, it must be entered in the minutes of the City Council so as to be of public record. In the exercise of its functions upon such appeals or upon exceptions, the Board of Zoning Appeals may in conformity with law, reverse or affirm, wholly or partly, or modify the order, requirement, decision or discrimination as in its opinion ought to be made; provided, that the Board of Zoning Appeals shall not have the authority to alter or change this chapter or zoning map, or to allow as a use that which would be inconsistent with the requirements of this chapter.
(f) Any person or any city official aggrieved by any decision of the Board of Zoning Appeals may appeal therefrom, within 30 days from the date of the decision, to the appropriate Circuit Court as provided by the laws of the state.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or land or cause or permit the same to be done in violation of this chapter. When any building or parcel of land regulated by this chapter is being used contrary to this chapter, the Code Official shall he permitted to order such use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Code Official after receipt of such notice to make the structure, parcel of land, or portion thereof, comply with the requirements of this chapter.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)
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