ARTICLE 1315
Administration and Enforcement
1315.01    Applicability.
1315.02    Interpretation.
1315.03    Severability.
1315.04    Administration and enforcement; Zoning Administrator.
1315.05    Enforcement.
1315.06    Penalties.
1315.07    Zoning permits and fees.
1315.08    Chapter 8A of the West Virginia Code adopted.
 
 
CROSS REFERENCES
Enforcement - W. Va. Code 8A-10-1
Certificate of Occupancy defined - see P. & Z. 1313.01(g)
Violation of Special Use Standards - see P. & Z. 1329.12
Injunctive Relief - W. Va. Code 8A-10-3
 
   1315.01 APPLICABILITY.
   (a)    The terms of this Ordinance shall be applied to support the intent set forth in the City of St. Albans Comprehensive Plan.
   (b)    This Ordinance shall apply to all lands, Buildings, Structures, Signs, properties, and their Uses, within the corporate limits of the City of St. Albans, West Virginia.
   (c)    The Planning Commission shall consider the most appropriate Zoning District classification(s) for any property proposed for Annexation and provide a recommendation to City Council. Upon Annexation, City Council shall consider the Planning Commission's recommendation and designate the property within one or more appropriate Zoning Districts.
   (d)    In general, the Subdivision and Land Development Ordinance shall provide design standards and other regulations pertaining to the development of land; whereas, the Zoning Ordinance provides parameters on the Use of land. Both documents correlate with each other to provide the overall regulations that are administered by the Planning Commission, City Council, and/or Zoning Board of Ae
   (e)    Except as hereinafter specified, no land shall hereafter be used or developed, and no Building or part thereof or other Structure shall be used, located, erected, constructed, reconstructed, extended, enlarged, converted, or altered, except in conformity with the regulations herein specified for the Zoning District in which it is located. Furthermore, any changes created by a subdivision of land shall also be in conformity with the regulations herein specified for the Zoning District in which it is located, as reviewed and determined by the Zoning Administrator.
 
   (f)    Nothing in this Ordinance shall be deemed or construed to void, nullify, abrogate, modify, limit or otherwise adversely affect any right vested under applicable law at the time of enactment of this Ordinance, whether such right arose under a subdivision or land development plan or plat, proffer, condition of annexation, or development agreement proposed by a Person and accepted or approved by the City or any of its departments or commissions or any other source. This Ordinance is not intended to interfere with or abrogate or annul any more restrictive Easements, covenants, building restrictions, or other agreements between parties relating to use or development of land.
(Ord. 2023-02. Passed 4-17-23.)
   1315.02 INTERPRETATION.
   (a)    The regulations specified within this Ordinance shall be considered minimum regulations and shall be applied uniformly to all individuals and businesses within the jurisdiction of the City.
   (b)    Uses not permitted (whether expressly permitted or permitted upon interpretation and classification by the Zoning Administrator as follows) within a Zoning District shall be deemed excluded. The Zoning Administrator, shall interpret the classification of all land Uses within the context and intent of this Zoning Ordinance and may issue a decision regarding whether a particular Use is permitted or excluded in a Zoning District, all in accordance with this Ordinance.
   (c)    When this Ordinance places a greater restriction than is imposed or required by other provisions of law, or by other rules, regulations, Ordinances, or by private restrictions, covenants, or declarations, the provisions set forth in this Ordinance shall prevail, except where otherwise specifically stated herein. Without limitations of the foregoing, in the event of a conflict between or among the provision of this Ordinance, the City's Subdivision and Land Development Ordinance, and/or any other Codified Ordinance of the City, the conflicting provisions shall be given precedence in the following order: (1st) the provisions of this Ordinance; (2nd) the provisions of the City's Subdivision and Land Development Ordinance; and (3rd) the provisions of the City's other Codified Ordinances with precedence among them given to the provision bearing the latest date of passage.
   (d)    If there is a conflict between or among the provisions of this Ordinance, the stricter regulation shall apply.
   (e)    Private covenants contained in any Deed or Declaration are not enforceable by the City, however, such covenants may, as a factor, be considered in the exercise of its sound discretion by the Board of Zoning Appeals when called upon to consider Variance requests and neighborhood compatibility factors related thereto.
(Ord. 2023-02. Passed 4-17-23.)
   1315.03 SEVERABILITY.
   Should a court of competent jurisdiction declare any article, section, subsection, or provision of this Ordinance invalid or unconstitutional, this decision shall not affect the validity or constitutionality of this Ordinance as a whole, or any part thereof, other than the particular part so declared to be invalid or unconstitutional.
(Ord. 2023-02. Passed 4-17-23.)
   1315.04 ADMINISTRATION AND ENFORCEMENT; ZONING ADMINISTRATOR.
   (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.)
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