Granville City Zoning Code
ARTICLE 1308
Administration
1308.01 PURPOSE.
The purpose of this chapter is to describe the procedures for administration and enforcement of this Zoning Ordinance and the duties and responsibilities of the Zoning Officer, Board of Zoning Appeals, and Planning Commission. (Passed 8-28-18.)
1308.02 POWERS AND DUTIES OF ZONING OFFICER.
Council shall appoint a Zoning Officer, who shall have the authority to administer and enforce the Zoning Ordinance. This includes but is not limited to the following:
(a) Keep a record of plans and applications for permits and all permits issued with notations as to special conditions. All records shall be open for public inspection.
(b) Review permit applications and notifications as necessary to determine compliance with the provisions of this ordinance. No permit shall be issued unless it conforms to all applicable ordinances, statutes, and regulations.
(c) All questions or interpretation and enforcement shall be initially presented and determined by the Zoning Officer. Subsequent recourse shall be, in order, to the board of zoning appeals and the courts.
(d) Upon finding that provisions of this code have been violated, notify the person or party in writing responsible for the violation(s), order the action necessary to correct the violation, and if correction is not completed within the time specified in the notice of violation, begin legal actions necessary to compel correction of the violation.
(e) Maintain official zoning maps.
(f) Provide information on planning and zoning upon request by citizens and public agencies.
(g) Submit at least annually, a written report on all permits issued and notice and orders issued.
(h) Perform additional tasks and duties as may be prescribed by the Granville Town Council. (Passed 8-28-18.)
1308.03 ZONING PERMIT.
(a) No building or structure shall be constructed, erected, expanded, enlarged, or otherwise structurally altered until a zoning permit has been issued by the Zoning Officer.
(b) Applications for a zoning permit shall be made available at town hall.
(c) All applications for zoning permits shall be made in writing by the owner or authorized agent and shall be filed with the Zoning Officer. The application shall:
(1) Include a statement as to the proposed use of the structure or land.
(2) Be accompanied by a plan, drawn to scale, showing the dimensions of the lot to be built upon, the exact size and location of the building to be constructed upon the lot, and accessory buildings to be erected, and such other information as may be deemed necessary by the Zoning Officer in determining and provided for the enforcement of this code.
(d) If the zoning permit application is approved by the Zoning Officer, then an appropriate placard issued by the Town and containing the approval of the Zoning Officer, shall be returned together with the zoning permit to the applicant, following payment of the appropriate fee as determined by Town Council. The placard shall be posted by the applicant in a conspicuous place upon the building or construction site prior to the commencement of any construction and shall remain upon the building or construction site during all construction operations.
(e) A zoning permit does not alleviate the necessity to obtain a building permit as required by the Town of Granville. (Passed 8-28-18.)
1308.04 POWERS AND DUTIES OF PLANNING COMMISSION. (REPEALED)
1308.05 POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS.
A Board of Zoning Appeals is hereby established with membership and appointment provided in accordance with the West Virginia Code.
(a) The board shall consist of five (5) members appointed by town council. The members of the board shall be residents of the Town of Granville for at least three (3) years preceding his or her appointment. Members cannot be a member of the planning commission and cannot hold any other elective or appointive office in municipal government. Upon creation of the Board of Zoning Appeals, the members shall be appointed for the following terms: One for a term of one year; one for a term of two years; and one 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, members shall serve three (3) year terms. If a vacancy occurs, council shall appoint a member for the unexpired term.
(b) The governing body may appoint up to three (3) additional members to serve as alternate members of Board of Zoning Appeals. The alternate members must meet the same eligibility requirements as set out in (a) of this section. The term for an alternate member is three (3) years. The governing body may appoint alternate members on a staggered term schedule.
(c) At its first regular meeting each year, a board of zoning appeals shall elect a chairperson and vice chairperson from its membership. The vice chairperson shall have the power and authority to act as chairperson during the absence or disability of the chairperson.
(d) A board of zoning appeals shall meet quarterly and may meet more frequently at the written request of the chairperson or by two or more members. Notice for a special meeting must be in writing, include the date, time, and place of the special meeting, and be sent to all members at least two (2) days before the special meeting. Written notice of a special meeting is not required if the date, time, and place of the special meeting were set in a regular meeting. A board of zoning appeals must have quorum to conduct a meeting. A majority of the members of a board of zoning appeals is a quorum. No action of a board is official unless authorized by a majority of the members present at a regular or properly called special meeting.
(e) The board of zoning appeals has the following duties:
(1) Hear, review, and determine appeals from an order, requirement, decision or determination made by an administrative official or board charged with the enforcement of this code or rule and regulation adopted pursuant thereto;
(2) Authorize exceptions to the district rules and regulations only in the classes of cases or in particular situations, as specified in this code;
(3) Hear and decide conditional uses of this code upon which the board is required to act under this code;
(4) Authorize, upon appeal in specific cases, a variance to this code;
(5) Reverse, affirm or modify the order, requirement, decision or determination appealed from and have all the powers and authority of the official or board from which the appeal was taken;
(6) Adopt rules and regulations concerning:
A. The filing of appeals, including the process and forms for the appeal;
B. Applications for variances and conditional uses;
C. The giving of notice; and
D. The conduct of hearings necessary to carry out the board's duties under the terms of this article;
(7) Keep minutes of its proceedings.
(8) Keep an accurate and complete audio record of all the board's proceedings and official actions and keep the audio record in a safe manner, which audio record is accessible within twenty-four hours of demand, for three (3) years;
(9) Record the vote on all actions taken;
(10) Take responsibility for the custody and preservation of all papers and documents of the board. All minutes and records shall be filed in the office of the board and shall be public records;
(11) With consent from the governing body, hire employees necessary to carry out the duties and responsibilities of the board, provided that the governing body sets the salaries; and
(12) Supervise the fiscal affairs and responsibilities of the board.
(Passed 8-28-18.)
1308.06 APPEAL TO THE BOARD OF ZONING APPEALS.
An appeal from any order, requirement, decision, or determination made by an administrative official or board charged with the enforcement of this code, or rule and regulation adopted pursuant to this code, shall be filed with the board of zoning appeals. The appeal shall:
(a) Specify the grounds of the appeal;
(b) Be filed within thirty (30) days of the original order, requirement, decision, or determination made by an administrative official or board charged with the enforcement of this code; and
(c) Be on a form prescribed by the board.
(d) Upon request of the board of zoning appeals, the administrative official or board shall transmit all documents, plans, and papers constituting the record of the action from which the appeal was taken. (Passed 8-28-18.)
1308.07 NOTICE AND HEARING OF APPEAL.
(a) Within ten (10) days of receipt of the appeal by the Board of Zoning Appeals, the board shall set a time for the hearing of the appeal and give notice. The hearing on the appeal must be held within forty-five (45) days of receipt of the appeal by the board.
(b) At least fifteen (15) days prior to the date set for the hearing on the appeal, the Board of Zoning Appeals shall publish a notice of the date, time, and place of the hearing on the appeal as a Class I legal advertisement in compliance with the provisions of the West Virginia Code and written notice shall be given to the interested parties. The publication area shall be the area covered in the appeal.
(c) The Board of Zoning Appeals may require the party taking the appeal to pay for the cost of public notice and written notice to interested parties.
(d) At the hearing, any party may appear in person, by agent, or by an attorney licensed to practice in this state.
(e) Every decision by the board must be in writing and state findings of fact and conclusions of law on which the board based its decision. If the board fails to provide findings of fact and conclusions of law adequate for decision by the circuit court and as a result of the failure, the circuit court returns an appealed matter to the board and dismisses jurisdiction over an applicant's appeal without deciding the matter, whether the court returns the matter with or without restrictions, the board shall pay any additional costs for court filing fees, service of process, and reasonable attorneys' fees required to permit the person appealing the board's decision to return the matter to the circuit court for completion of the appeal.
(f) The written decision by the board shall be rendered within thirty (30) days after the hearing. If the board fails to render a written decision within thirty (30) days after the hearing, then any party may pursue additional legal remedies to obtain a decision, including, but not limited to, seeking a writ of mandamus.
(g) When an appeal has been filed with the Board of Zoning Appeals, all proceedings and work on the premises in question shall be stayed, except as provided below:
(1) If the official or board from where the appeal was taken certifies in writing to the Board of Zoning Appeals that a stay would cause imminent peril to life or property;
(2) Upon further administrative proceedings, including, but not limited to, submissions to and reviews by the staff or any administrative body; or
(3) Upon engineering or architectural work that does not disturb the real estate beyond what is necessary to complete engineering, survey work, or other tests.
(h) Nothing in this section prevents a party from obtaining an injunction.
(Passed 8-28-18.)
1308.08 VIOLATIONS AND PENALTIES.
(a) Any person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction, shall be punished for each offense by a fine not less than $50.00 nor more than $500.00. Each day the violation continues shall be considered a separate offense. Work carried on in violation of a cancelled permit issued under this chapter shall also be deemed a violation punishable in the same manner.
(b) Any buildings erected, raised, or converted, or land or premises used in violation of any provision of this code is declared a common nuisance and the owner of the building, land or premises shall be liable for maintaining a common nuisance.
(Passed 8-28-18.)
1308.09 INJUNCTION.
(a) The Planning Commission, Granville Board of Zoning Appeals, or any designated enforcement official may seek an injunction in the Circuit Court of Monongalia County, West Virginia, to restrain the owner, tenant, occupant, other persons or persons responsible, or unit of government from violating the provision of the Zoning Ordinance or any rule, regulation, or requirement adopted or established hereunder.
(b) The Planning Commission, Granville Board of Zoning Appeals, or any designated enforcement official may also seek a mandatory injunction in the Circuit Court of Monongalia County, West Virginia, directing the owner, tenant, occupant, other persons or persons responsible, or unit of government to remove a structure erected in violation of the provisions of the Zoning Ordinance or rule, regulation, or requirement adopted or established hereunder.
(c) If the Planning Commission, Granville Board of Zoning Appeals, or any designated enforcement official is successful in any suit brought under this section, the respondent shall bear the costs of the action. (Passed 8-28-18.)
1308.10 VARIANCES.
(a) A variance is a deviation from the minimum standards of the zoning ordinance and shall not involve permitting land uses that are otherwise prohibited in the zoning district nor shall it involve changing the zoning classifications of a parcel of land.
(b) The board of zoning appeals shall grant a variance to the zoning ordinance if it finds that the variance:
(1) Will not adversely affect the public health, safety, or welfare, or the rights of adjacent property owners or residents;
(2) Arises from special conditions or attributes which pertain to the property for which a variance is sought and which were not created by the person seeking the variance;
(3) Would eliminate an unnecessary hardship and permit a reasonable use of the land; and
(4) Will allow the intent of the zoning ordinance to be observed and substantial justice done.
(c) 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 code.
(Passed 8-28-18.)
1308.11 CONDITIONAL USES.
The Board of Zoning Appeals may approve an application for a conditional use permit, subject to reasonable conditions and restrictions as are directly related to and incidental to the proposed conditional use permit, subject to the limitations and conditions as follows:
(a) The use will be consistent with the vision and goals set forth in the Town comprehensive plan;
(b) The use is physically and operationally compatible with the surrounding neighborhood and surrounding existing uses. Conditions may be imposed on a proposed conditional use to ensure that potential significant adverse impacts on surrounding existing uses will be reduced to the maximum extent feasible, including, but not limited to, conditions or measures addressing:
(1) Location on a site of activities that generate potential adverse impacts such as noise and glare;
(2) Hours of operation and deliveries;
(3) Location of loading and delivery zones;
(4) Light intensity and hours of full illumination;
(5) Placement and illumination of outdoor vending machines;
(6) Loitering;
(7) Litter control;
(8) Placement of trash receptacles;
(9) On-site parking configuration and facilities;
(10) On-site circulation;
(11) Privacy concerns of adjacent uses.
(c) To the maximum extent feasible, access points to the property are located as far as possible, in keeping with accepted engineering practice, from road intersections and adequate sight distances are maintained for motorists entering and leaving the property proposed for the use.
(d) On-site and off-site traffic circulation patterns related to the use shall not adversely impact adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.
(e) The use will be adequately served by public facilities and services. Public facilities and services that may be considered in light of this standard include, but are not limited to, water, sewer, electric, schools, streets, fire and police protection, storm drainage, public transit, and public parks or trails.
(f) The use provides adequate off-street parking on the same property as the use, in compliance with standards set forth in Section 1305.16 of this code.
(g) The use will not substantially injure the value of adjoining property.
(h) The location and character of the use, if developed according to the plans and information approved, will be in harmony with the character and appearance of the surrounding neighborhood.
(i) Operations in connection with the use shall not be offensive, dangerous, and destructive of the environment.
(j) Any storage of hazardous material that is ancillary to a conditional use shall be listed and made known with the Town of Granville Fire Department.
(k) The board may impose additional conditions and safeguards deemed necessary.
(Passed 8-28-18.)