The duty of administering and enforcing the provisions of this zoning law is conferred upon the city manager.

(Code 1974, § 23-15; Ord. of 10-17-1978, § 23-15)

(a)

A certificate of occupancy shall be a statement, signed by the city engineer and issued by the city manager, setting forth either that a building, structure or parcel of land complies with the provisions of this zoning law, or that a building or structure lawfully may be employed for specified uses under the provisions of this zoning law, or both.

(b)

No vacant land shall be occupied or used, and no structure or part of a structure, hereafter erected, structurally altered or changed in use, shall be used or changed in use until a certificate of occupancy shall have been regularly issued therefor by the city manager.

(c)

A certificate of occupancy, either for the whole or a part of a new building or for the alteration of an existing building, shall be applied for coincident with the application for a building permit and shall be issued within 15 days after the erection or alteration of such building or part shall have been completed in conformity with the provisions of this zoning law.

(d)

A certificate of occupancy for the use or occupancy of vacant land, or for a change in the use of land, or for a change in the use of an existing building, shall be applied for and issued before any such land shall be occupied or used, or such land or building changed in use, and such certificate shall be issued within 15 days after application has been made, provided such proposed use is in conformity with the provisions of this zoning law.

(e)

A certificate of occupancy for maintaining, renewing, changing or extending a nonconforming use, existing at the time of the passage of this zoning law on October 17, 1978, or of an amendment thereto, shall be applied for and issued before any such nonconforming use shall be maintained, renewed, changed, or extended. Such certificate shall be issued within 15 days after application has been made, provided such proposed maintenance, renewal, change or extension is in conformity with the provisions of this zoning law.

(f)

A record of all certificates of occupancy shall be kept on file in the office of the city clerk and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(g)

No fee shall be charged for an original certificate of occupancy as required by this section, but for each copy of an original certificate there shall be a charge of $1.00 which shall be remitted to the city treasurer by the issuing officer.

(Code 1974, § 23-16; Ord. of 10-17-1978, § 23-16)

(a)

No excavation for a foundation, nor the erection, construction or structural alteration of any structure or part of a structure, or occupancy of streets or alleys with building materials or temporary structures for construction purposes, shall be undertaken until a permit therefor approved by the city engineer shall have been issued by the city manager.

(b)

All applications for building permits shall be accompanied by a plat in triplicate, drawn to scale, showing the actual dimensions of each lot to be built upon, the size and location of each structure to be erected, constructed or structurally altered upon each lot, and such other information as may be necessary to determine that the proposed structure and use of land will conform to the provisions of this zoning law. This provision shall not be construed to repeal or dispense with the requirements of chapter 6, pertaining to buildings and building regulations. A record of such applications and plats shall be kept in the office of the city clerk.

(c)

No building permit shall be issued before application has been made for a certificate of occupancy.

(Code 1974, § 23-17; Ord. of 10-17-1978, § 23-17)

(a)

Any structure, the construction of which was begun and diligently prosecuted at the time of the passage of this zoning law on October 17, 1978, but which may not conform with the regulations contained herein for the district in which it is located, may be completed and used in accordance with the plans or building permit issued for such structure, provided it was completed within one year from the effective date of this zoning law.

(b)

All permits for buildings issued within 60 days prior to such passage are hereby declared void if such building or its use does not conform to the provisions of this zoning law and if, at the time of passage on October 17, 1978, no substantial construction had been made, and no contract had been let pursuant to such permit.

(c)

If, after the issuance of a permit the operations authorized thereunder are not commenced within six months after the date of the permit, or if after the commencement of operations the work is discontinued for a period of 12 months, such permit shall be void; work may not again be commenced until a new permit shall have been issued as for the original work; and building materials and equipment on the ground shall be moved or stored according to the requirements of the city manager.

(Code 1974, § 23-18; Ord. of 10-17-1978, § 23-18)

Any person convicted of violating any provision of this zoning law shall be punished as provided in section 1-8. Each day during which a violation is permitted to exist shall constitute a separate offense.

(Code 1974, § 23-19; Ord. of 10-17-1978, § 23-19)

(a)

Membership.

(1)

The planning commission of the city (also known and referred to in various portions of this chapter as the zoning commission) is hereby constituted pursuant to the provisions and endowed with all the powers set out for a municipal planning commission by W. Va. Code, chapter 8a, article 2, et seq. The planning commission shall consist of 11 members, all of whom shall be residents of the city and at least seven of whom shall have been residents of the municipality for at least three years prior to nomination and appointment. One of the members of the board of directors and a member of the administrative department of the municipality (municipal officers) shall be included as members. Qualifications of members, in addition to being residents of the municipality, shall be their respective knowledge and experience in matters pertaining to the development of the municipality, and their numbers shall include representatives of business, industry, labor and government. Prospective members shall be nominated by the city manager and confirmed by the board of directors. The terms of office of the two municipal officers shall be co-extensive with the terms of office to which they have been elected or appointed within the city government. Members of the commission shall be appointed or re-appointed by the governing body to serve terms of three years, and, if necessary, one year or two years so that the terms of no more than a third of them will expire each year.

(b)

Quorum; power to hold public hearings.

(1)

A majority of the members of the commission shall constitute a quorum. No action of the commission shall be official unless authorized by a majority of the members present at a regular or properly called special meeting.

(2)

The commission may delegate to a committee composed of one or more voting members of the commission the power to hold any public hearings required or permitted under this chapter to be held by the commission. If such a hearing is held by a committee, a written record of the substance of the hearing shall be made and preserved with the records of the commission for not less than five years. The committee shall have the authority only to conduct the hearing and report to the commission.

(c)

Amendments, supplements, changes.

(1)

Any proposed amendment, supplement, change of the regulations, restrictions, lot or district boundaries, or application for planned unit development under the zoning laws of the city shall first be submitted to the zoning commission for its recommendation and report prior to any action or confirmation of such amendment, etc., but the board of directors, even when such proposed amendment, etc., originates with the board of directors.

(2)

When a petition to rezone is presented to the planning commission, it shall be accompanied by schematic plans showing the type of development to take place and by a certificate guaranteeing that the development will take place in accordance with the plans within 12 months after the zoning change is approved. The approved zoning change is tentatively based upon development being in accordance with the plans. If the actual development varies from the plan, it shall be deemed a violation of this chapter, and appropriate action shall be taken by the administrative official under this article. Should development not begin within one year, the rezoning shall be null and void, and the original zoning classification shall apply.

(d)

Before submitting its recommendation and report to the board of directors, the zoning commission shall hold a public hearing on the proposed amendment, supplement or change. It shall give at least 15 days' notice of the time and place of such hearing by publication in an official newspaper or a newspaper of general circulation in the city.

(e)

Prior to hearing an application for rezoning, the zoning commission shall ensure that adjoining and neighboring property owners have been notified of any proposed change by the following methods: Adjoining owners shall be given actual notice. For the purposes of this section, the term "actual notice" means a letter sent by ordinary mail to the owners of record of each adjoining parcel, as shown by the assessor's maps of the county. Adjoining owners shall be those owners whose properties directly touch the property in question or are located directly across the street or any alley therefrom. The contents of this notice shall be in plain English description of the proposed change, together with a description of the premises with street address, and the date, time and location of a hearing with any interested party may appear and be heard. The board shall further give reasonable notice to area residents either by giving actual notice as set out before or by causing to be published in a newspaper of local circulation a notice containing the same information as required to be given to adjoining owners, as a standard commercial-sized ad, rather than a legal notice. Such commercial-sized publication shall satisfy the publication requirement of subsection (d) of this section. The party requesting a rezoning shall be responsible for the costs of such notifications.

(Code 1974, § 23-20; Ord. of 10-17-1978, § 23-20; Ord. No. 85-1, 4-2-1985; Ord. No. 88-12, 2-7-1989; Ord. No. 94-14, 12-13-1994; Ord. of 2-23-2016(3))

Amendments to the regulations, restrictions or district boundaries established by the zoning laws of the city may be initiated by the following procedures:

(1)

The board of directors for the city, on its own initiative, may recommend amendment, supplement, change or modification or repealing of any of the regulations, restrictions or district boundaries established by this zoning procedure by motion setting out such amendment, etc., which motion, upon passage, shall thereafter be directed to the planning commission, sitting as the zoning commission, and heard pursuant to the provisions of section 44-48.

(2)

A property owner, or an optionee of a property owner, or a majority of the property owners of a contiguous tract of land all lying within one district, may apply directly to the planning commission of the city, sitting as the zoning commission of the city, for any such amendment, supplement, change, modification or repealing of any regulations, restrictions or district boundaries established by this chapter. Such application shall be in writing on forms prescribed by the planning commission and shall be heard pursuant to the provisions of section 44-48.

(Code 1974, § 23-21; Ord. of 10-17-1978, § 23-21; Ord. No. 87-2, 3-3-1987)

In case of a protest against any change, signed by the owners of 20 percent or more either of the areas of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of four-fifths of all the members of the board of directors.

(Code 1974, § 23-22; Ord. of 10-17-1978, § 23-22)

(a)

A board of adjustment is hereby established. The term "board," when used in this zoning law, shall be construed to mean the board of adjustment.

(b)

The board shall consist of five members, each appointed by the board of directors of the city to serve three years. An appointment to fill a casual vacancy shall be only for the unexpired portion of the term.

(Code 1974, § 23-23; Ord. of 10-17-1978, § 23-23)

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine, and such meetings shall be open to the public. The board shall adopt its own rules of procedure and shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall immediately be filed in the office of the board and shall be a public record.

(Code 1974, § 23-24; Ord. of 10-17-1978, § 23-24)

(a)

Where the street layout actually on the ground, or as recorded, may differ from the street layout as shown on the zone map, the board shall interpret the map in such a way as to carry out the intent and purpose of this zoning law and the map for the section or district in question.

(b)

Where by reason of topographical conditions, district border line situations, immediately adjoining existing developments or because of other unusual circumstances, the strict application of any provision of this zoning law would result in exceptional practical difficulty or undue hardship upon the owner of any specific property, the board, in passing upon appeals, shall have the power to vary or modify such strict application or to interpret the meaning of this zoning law so as to relieve such difficulty or hardship; provided that such variance, modification or interpretation shall remain in harmony with the general purpose and intent of this zoning law, so that the health, safety, morals and general welfare of the community shall be conserved and substantial justice done.

(c)

Prior to hearing an application for a variance or special exception the board shall ensure that adjoining and neighboring property owners have been notified of any proposed change by the following methods: Adjoining owners shall be given actual notice. For the purpose of this section, the term "actual notice" means a letter sent ordinary mail to the owners of record of each adjoining parcel, as shown by the assessor's map of the county. Adjoining owners shall be those owners whose properties directly touch the property in question or are located directly across the street or any alley therefrom. The contents of this notice shall be a plain English description of the proposed change, together with a description of the premises with street address, and the date, time and location of a hearing where any interested party may appear and be heard. The board shall further give reasonable notice to area residents by causing to be published in a newspaper of local circulation a notice containing the same information as required to be given to adjoining owners, as a Class I classified ad, which publication shall be complete upon its last appearance. The party requesting a variance or special exception shall be responsible for the costs of such notification.

(Code 1974, § 23-25; Ord. of 10-17-1978, § 23-25; Ord. No. 85-1, 4-2-1985; Ord. of 5-10-2000)

In granting variances, the board may, if it deems proper to the carrying out of the intent and purpose of this zoning law, impose such reasonable and additional stipulations and conditions as will, in the judgment of the board, better fulfill the purpose of this zoning law.

(Code 1974, § 23-26; Ord. of 10-17-1978, § 23-26)

(a)

Appeals to the board may be taken by any person aggrieved, or by any officer, department, board or bureau of the city, affected by any decision made in the administration of this zoning law. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the city clerk and with the board a notice of appeal specifying the grounds thereof and upon payment to the city clerk of $5.00 appeal costs. The city clerk shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(b)

The board shall fix a reasonable time for the hearing of an appeal, shall give public notice thereof, as well as due notice, at least six days prior to the hearing by mail to the parties in interest at the address filed with the appeal and shall decide the same within a reasonable time. Upon the hearing of such appeal, any party may appear in person or by agent or by attorney.

(c)

In the case of any permit authorized by the board, if such permit is not lifted from the office of the city clerk within a period of six months from the date of authorization, then such authorization shall be null and void, and no permit shall be issued thereunder.

(Code 1974, § 23-27; Ord. of 10-17-1978, § 23-27)