(a) Established. Council does hereby create a Board of Zoning Appeals as provided for by the laws of the State of West Virginia.
(b) Members. The Board shall consist of five members to be appointed by Council.
(1) The members of the Board of Zoning Appeals shall be individuals who are freeholders and residents of the City, and at least three-fifths of such members shall have been residents of the Municipality for at least ten years preceding the time of their appointment. No member of the Board of Zoning Appeals shall be a member of the Planning Commission nor shall any member hold other elective or appointive office in the Municipal or County government. Members of the Board shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
(2) Upon the creation of the Board of Zoning Appeals, the members shall be appointed for the following terms: One for a term of one year; two for a term of two years; and two for a term of three years. The terms shall expire on the first day of January of the first, second and third year respectively, following their appointment. Thereafter, as their terms expire, each new appointment shall be for a term of three years.
(3) If a vacancy occurs, by resignation or otherwise, among the members of the Board of Zoning Appeals, Council shall appoint a member for the unexpired term. (12-17-79)
(4) The Board of Zoning Appeals shall also consist of three alternates to be appointed by City Council. Said alternates shall have the same qualifications as regular members of the Board. Alternates shall be appointed initially with one alternate having a term of one year, one alternate having a term of two years, and one alternate having a term of three years. Their terms shall expire on the first day of January of the first, second and third year, respectively, following their appointment. Thereafter, as their terms expire, each new appointment shall be for a term of three years. (6-13-11)
(c) Officers; Quorum; Secretary and Employees.
(1) At its first meeting of each year, the Board of Zoning Appeals shall elect a Chairman and Vice Chairman from its membership. The Vice Chairman shall have the power and authority to act as Chairman during the absence or disability of the Chairman.
(2) A majority of the members of the Board of Zoning Appeals shall constitute a quorum. No action of a Board shall be official, however, unless authorized by a majority of all of the members of the Board.
(3) The Board of Zoning Appeals may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and in compliance with the salaries and compensation theretofore fixed by the Municipality.
(d) Offices; Appropriation for Expenses. Council shall provide the Board with suitable offices for the holding of meetings and the preservation of plans, maps, documents and accounts, and shall provide by appropriation, a sum sufficient to defray the reasonable expenses of the Board.
(e) Rules and Regulations; Procedures; Minutes and Records.
(1) In addition to the provisions of the Zoning Ordinance, the Board of Zoning Appeals shall adopt such rules and regulations concerning the filing of appeals, applications for variances and exceptions, the giving of notice and the conduct of hearings as shall be necessary to carry out its duties under the terms of this article.
(2) The Board shall keep minutes of its proceedings, keep records of all official actions, and shall record the vote on all actions taken. All minutes and records shall be filed in the office of the Board and shall be public records.
(f) Powers, Authority and Duties. The Board of Zoning Appeals shall:
(1) Hear and determine appeals from and review any order, requirement, decision or determination made by the Zoning Official;
(2) Permit and authorize exceptions to the district rules and regulations in the classes of cases or in particular situations specified in the Zoning Ordinance;
(3) Hear and decide special exceptions to the terms of the Zoning Ordinance upon which the Board is required to act under the Zoning Ordinance; and
(4) Authorize upon appeal in specific cases such variances from the terms of the Zoning Ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done.
(5) In exercising its powers and authority, the Board of Zoning Appeals may reverse or affirm, in whole or in part, or may modify the order, requirement, decision or determination appealed from, as in its opinion ought to be done in the premises, and to this end shall have all the powers and authority of the Official or the Board from whom or which the appeal is taken. (12-17-79)