The City Council shall create and maintain a Board of Zoning Appeals consisting of five members to be appointed by the City Council.

   (A)   The members of the Board of Zoning Appeals shall be individuals who are freeholders and residents of the municipality and at least three-fifths of such members must have been residents of the municipality for at least three 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 be compensated at a rate of $50 per meeting attended, up to seven meetings per year, and shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.

   (B)   Upon the creation of a 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 term shall expire on January 1 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.

   (C)   If a vacancy occurs, by resignation or otherwise, among the members of the Board of Zoning Appeals, the governing body of the municipality or the county court, as the case may be, shall appoint a member for the unexpired term.

(Ord. 21, passed 1-14-2020)

   (B)   All meetings shall be open to the public. The Board shall adopt its own rules of procedure and shall keep a record of its proceedings showing the vote of each member on 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 be filed immediately in the office of the Board and become a public record.

(Ord. 21, passed 1-14-2020)

   (A)   An appeal taken from any order, requirement, decision or determination made by an administrative official or Board charged with the enforcement of this chapter shall be filed with the Board of Zoning Appeals. The appeal shall specify the grounds thereof and shall be filled within such time and in such form as may be prescribed by the Board by general rule and regulation. The administrative official or Board from whom or which the appeal is taken shall, upon request of the Board of Zoning Appeals, transmit to it all documents, plans and papers constituting the record of the action from which an appeal was taken.

   (B)   The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal. Public notice of the hearing shall be given in the manner specified in W. Va. Code Chapter 8, Section 18, Article 24, and due notice shall be given additionally to the interested parties. The Board of Zoning Appeals may require the party taking the appeal to assume the cost of public notice and due notice to interested parties. At the hearing, any party may appear in person by agent or by attorney at law admitted to practice in this state.

   (C)   When an appeal has been taken and filed with the Board of Zoning Appeals, all proceedings and work on the premises in question shall be stayed unless the official or Board from whom or which the appeal was taken shall certify to the Board of Zoning Appeals that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. If such certificate be filed, proceedings or work on the premises shall not be stayed except by a restraining order which may be granted by the circuit court of the county in which the premises affected are located, upon application therefore, on notice to the official or Board from whom or which the appeal is taken and the owner of the premises affected and on due cause shown.

(Ord. 21, passed 1-14-2020)

   (B)   The Board of Zoning Appeals may hear and decide on requests for conditional uses of property after a favorable report is made by the Planning Commission.

   (C)   The Board of Zoning Appeals may decide on variances to the zoning chapter but must first prepare findings and find:

      (1)   That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply general to the other property of class use in the same vicinity and district.

      (2)   That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity but which is denied to the property in question.

      (3)   That the granting of such variance will not be materially detrimental to the public welfare of injurious to the property or improvements in such vicinity in which the property is located.

      (4)   That the granting of such variance will not alter the land use characteristics of the vicinity and diminish the marketable value of adjacent land and improvements or increase the congestion in the public streets.

      (5)   In granting variances, the Board of Appeals may impose such reasonable and additional stipulations and conditions as it may deem necessary and proper to carry out the purpose of the chapter.

      (6)   Where the street layout actually on the ground, or as recorded, differs 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 chapter and the map for the particular section or district in question.

      (7)   If, after a permit has been authorized by the Board, such permit is not lifted from the office of the Mayor 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.

   (D)   In the exercise of its powers, the Board may, among other variances, modifications and interpretations, authorize a permit to be issued:

      (1)   For a sand, gravel or clay pit, stone quarry or mine, together with the necessary accessory buildings, in a zone restricted against such use by this chapter, for such period or under such conditions as are reasonable, considering the character of the zone in question.

      (2)   For a reasonable extension of the regulations of either zone over a lot divided by a zone boundary line, when all parts of such lot are held under the same ownership at the time of the passing of this chapter.

      (3)   For such reasonable variation of the regulations herein set forth as the Board may deem necessary to the appropriate development of a lot adjacent to a lot the development of which at the time of passage of this chapter does not conform to the regulations of this chapter.

      (4)   For a reasonable enlargement of a building existing at the time of the passage of this chapter and used for trade, business or industry, but located in a district restricted against such use; or for reasonably necessary additional buildings for any such use, upon the same lot or plot of ground as that upon which such existing building and use obtain.

      (5)   For a reasonable extension of a building or use into a more restricted zone immediately adjacent thereto, but such extension shall not be for more than 50 feet beyond the boundary line of the zone in which said building or use is thus authorized.

      (6)   For such variation of the area requirements of this chapter as the Board may deem necessary to secure an appropriate improvement of a lot of such area, size or shape that it cannot be reasonably improved without modification of the strict application of the provisions of this chapter; provided that such lot, at the time of the passage of this chapter either was held under a separate ownership from the adjoining lots, or was shown on a recorded plat to be a separate and distinct numbered lot.

      (7)   For the reconstruction of a building in a zone restricted against its use, when such building has been partially destroyed by fire or other calamity, provided that the application for permit for such reconstruction be made within one year of the date of such fire or calamity.

      (8)   For redemption of a non-conforming use of a building in a residential zone, when such non-conforming use of the building has been discontinued for a period exceeding one year, provided that such use has not been followed by a more restricted use, and that it is not reasonably practicable to utilize the lot upon which such building is located for a conforming use.

      (9)   For the erection or use of a building in any zone by a public service corporations, when such erection or use is reasonable necessary for the service of the public, and not unreasonably detrimental to the character of the development.

      (10)   For a hospital in a R-1 Residence Zone, where on account of ample area of site and adequate open spaces on all sides of the proposed building, the residential character of the neighborhood will not be affected.

      (11)   For a municipal utility building in any zone.

      (12)   For a community garage, in a residence zone, located within 200 feet of an existing dwelling, or for a public garage in a business zone, within 200 feet of the entrance to a school, church, hospital, playground or public library. In passing upon such appeal, the Board shall give weight to the consent to such variation from the provisions of this chapter, as shown by the signatures of the owners in interest and number of 60% of all the property within 200 feet of the proposed building.

      (13)   For a detached private garage built in a terrace on the front of a lot in a residence zone where the topographical conditions are such as to make it impracticable to construct such garage as required.

      (14)   For a front yard of less depth than that required by this chapter where topography or existing development makes strict compliance unreasonable or substantially impossible.

      (15)   For an arrangement and size of yards varying from the specified in the schedule of height and area regulations in case of a group of buildings on a parcel of land, forming in effect a multiple dwelling made up of separate units, provided that the depth of yard adjacent to a street line and the required lot area per family as specified in this chapter shall be complied within the location of said buildings.

      (16)   For reasonable variation of the height and area regulations herein set forth as the Board may deem necessary for the suitable use of a telephone exchange building located in a residence zone; where the Board determines such variation is reasonably necessary for the public convenience or welfare, harmonious to the purposes of the zone, and not unreasonably injurious to the property of the zone, in which the building is or is to be located.

(Ord. 21, passed 1-14-2020)