The purpose of this chapter is to ensure that the processes by which the ordinance is effectuated have been clearly identified and delineated. This article outlines the duties and powers of the board of zoning appeals, the zoning permit process, the appeals process, and other enforcement related provisions.

(Ord. of 5-9-2023)

City council shall appoint a zoning officer, who shall have the authority to administer and enforce this Ordinance, including but 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 of 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 Ordinance 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 to city council on all permits issued and notice and orders issued.

(h)

perform additional tasks and duties as may be prescribed by the city council.

(Ord. of 5-9-2023)

(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 City 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, accessory buildings to be erected, and such other information as may be deemed necessary by the zoning officer in determining and providing 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 city 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. 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 City of Montgomery City Code.

(Ord. of 5-9-2023)

Fees to be charged for the issuance of a zoning permit shall be determined by city council.

(Ord. of 5-9-2023)

(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 fifty dollars nor more than five hundred dollars. Each day the violation continues shall be considered a separate offense. Work carried on in violation of the cancellation of any 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 Ordinance is declared a common nuisance and the owner of the building, land, or premises shall be liable for maintaining a common nuisance.

(Ord. of 5-9-2023)

(a)

The planning commission, Montgomery Board of Zoning Appeals, or any designated enforcement official may seek an injunction in the applicable Circuit Court of West Virginia, to restrain the owner, tenant, occupant, other persons or persons responsible, or unit of government from violating the provision of this Ordinance or any rule, regulation, or requirement adopted or established hereunder.

(b)

The planning commission, Montgomery Board of Zoning Appeals, or any designated enforcement official may also seek a mandatory injunction in the applicable Circuit Court of 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 this Ordinance or rule, regulation, or requirement adopted or established hereunder.

(c)

If the planning commission, Montgomery 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.

(Ord. of 5-9-2023)

(a)

The Montgomery City Council may amend this Ordinance. Before amending this Ordinance, the city council with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the governing body with the advice of the planning commission, must find that there have been major changes of an economic, physical, or social nature within the area involved that were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.

(b)

The city council may amend this Ordinance without holding an election, holding an election on the proposed amendment, or holding an election on the proposed amendment pursuant to a petition.

(Ord. of 5-9-2023)