(a) The provisions of this Ordinance shall be administered by the City of St. Albans Zoning Board of Adjustment, and as applicable the City Planning Commission. Within a reasonable time after the enactment of this Ordinance, and from time to time thereafter as determined appropriate, the Mayor shall appoint and City Council shall confirm a Zoning Administrator. The Zoning Administrator shall act on the Zoning Board of Adjustment's behalf and, as applicable, the Planning Commission's behalf to carry out the duties set forth in Subsection (d) below.
(b) The Planning Commission shall study zoning, its development, application and relation to public and private development and its relation to other phases of the Comprehensive Plan for development of the City of St. Albans and may, from time to time, submit amendments to these regulations or changes in the Zoning District boundaries to the Mayor and City Council of St. Albans. However, no such amendments or change shall become effective until approved by Council.
(c) All departments, officials, and public employees of the City of St. Albans which are vested with the duty or authority to issue permits or licenses shall issue no permit or license for any Use, Building, or purpose if the same would be in conflict with the provisions of this Ordinance.
(d) It shall be the duty and the power of the Zoning Administrator to:
(1) Receive and examine all applications for Zoning Permits;
(2) Issue Zoning Permits only where there is compliance with the provisions of this Ordinance and with other City Ordinances;
(3) Following a refusal of a permit, to receive applications for Appeals, Special Use Permits, and Variances, and promptly forward these applications to the Zoning Board of Adjustment;
(4) Conduct inspections and reviews to determine compliance or noncompliance with the terms of this Ordinance;
(5) Issue written stop, cease and desist orders and other written orders for correction of all conditions found to be in violation of provisions of this Ordinance. Such written orders shall be served upon Owners or Persons deemed by the Zoning Administrator to be violating the terms of this Ordinance;
(6) Record and file all applications for Zoning Permits with accompanying plans and documents. All applications, plans and documents shall be a public record except that the Zoning Administrator, pursuant to W. Va. Code Chapter 29B, Freedom of Information, may withhold information pertaining to a pending investigation involving unlawful activity and documents and data exempt from public disclosure;
(7) Maintain the official Zoning Map or Maps showing the current Zoning District classification of all land in the City;
(8) Bring any matter to the City Council for its action or information;
(9) Bring pertinent matters to the Zoning Board of Appeals for its action and information, and provide administrative duties accordingly;
(10) Timely revoke and require the return of a void Zoning Permit by notifying the permit holder in writing, stating the reason for the revocation. Zoning Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; refusal or failure to comply with the requirements of applicable federal, state, or local laws; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate which violates this or any Ordinance of the City of St. Albans, or any applicable federal, state, or other local law is void;
(11) Upon the request of the Council, the Planning Commission, or the Zoning Board of Adjustment, present to such body's facts, records, or reports which they may request to assist them in making decisions or assist them in any other way as requested;
(12) Evaluate and classify proposed land Uses within the context of this Zoning Ordinance as either permitted, permitted with a Special Use Permit, or prohibited; and
(13) Create and maintain land use application forms.
(Ord. 2023-02. Passed 4-17-23.)