It shall be the duty of the Planning Director, or his or her designee, to:

(a)

Perform zoning reviews of building permit applications as necessary to determine compliance with the provisions of this ordinance.

(b)

Maintain permanent and current records of all applications for all reclassification, variances, special permits, amendments, and other zoning related records required by this ordinance and of the hearings and actions thereon.

(c)

Conduct investigations as necessary to determine compliance with or violation of this ordinance.

(d)

Participate in the abatement of violations of this ordinance and aid in the prosecution of such violations.

(e)

Maintain in current status the official zoning maps.

(f)

Provide information on zoning upon request by citizens and public agencies.

(a)

No commission, board, agency, officer, or employee of the City shall issue, grant, or approve any permit, license, certificate, or any other authorization for any construction, reconstruction, alteration, enlargement, or relocation of any building or structure, or for any use of land or building, that would not be in compliance with the provisions of this ordinance.

(b)

In administering the provisions of this ordinance, the standard rule of rounding numbers to the nearest whole shall apply. When the unit of measurement results in a fraction less than one-half, the fraction shall be disregarded; fractions of one-half or more shall be rounded up to the next whole number.

(a)

No building permit pertaining to the construction, enlargement, moving, remodeling, reconstruction of a structure or change of use shall be issued unless approval of the site plan has been granted by the Planning Director or the Planning Commission. The Planning Director shall permit approvals only in conformance with the provisions of this ordinance except when he receives a written order from the Planning Commission, Board of Zoning Appeals, or a court of law in the form of an administrative review, variance, or judgment as provided in this ordinance.

When required, a change of land use permit must be acquired prior to issuance of a certificate of compliance with the zoning ordinance.

(b)

For projects that are reviewed administratively, the Planning Director shall make every reasonable effort to review the application and report to the applicant by the end of 30 working days following the day on which a completed application is received. See Site Plan Review, Article 1385.

(a)

Fee requirement and payment. The schedule of fees for zoning applications shall be maintained on file with the Planning Department. The appropriate fee shall be paid by the applicant when the application is submitted for review. An application shall not be considered complete until the appropriate fee is paid in full to the Planning Department. The Planning Department may waive fees in unusual or extreme circumstances, with permission from the City Manager.

Approvals shall not be granted nor zoning certificates of compliance issued until the appropriate fee is paid to the Planning Department.

(b)

Applications and petitions filed pursuant to the provisions of this ordinance shall be accompanied by the filing fees in the amount provided on the current "Plan Review and Permitting Fee Schedule" published by the City.

(c)

No part of any filing fee paid pursuant to this section shall be returnable to the applicant or petitioner.

(Ord. No. 18-10, 3-20-2018)

(a)

Authority. The Planning Director, subject to the procedures, standards, and limitations of this article, may render written interpretations, including use interpretations, of the provisions of this zoning ordinance and of any rule or regulations issued pursuant to it. The Planning Director may forward requests for interpretations to the Board of Zoning Appeals, where, in the opinion of the Planning Director, the proposed use is not sufficiently similar to a use expressly listed as a permitted or conditional use on the Permitted Land Use Table 1331.05.01 to allow staff interpretation.

(b)

Purpose. The interpretation authority established by this section is intended to recognize that the provisions of this zoning ordinance, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they may have to be applied. In particular, certain categories of uses are listed as either conditional or permitted uses, but certain specific proposed uses may not clearly fall within the common meaning of any of the listed uses. Many such situations can be readily addressed by an interpretation of the specific provisions of this zoning ordinance in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority established is an administrative rather than a legislative authority, an interpretation shall not have the effect of adding to or changing the essential content of this zoning ordinance, but is intended only to allow authoritative application of that content to specific cases.

(c)

Parties entitled to seek interpretations. Applications for interpretations may be filed by any person having a legal or equitable interest in property that gives rise to the need for an interpretation, provided that interpretations shall not be sought by any person based solely on hypothetical circumstances or where the interpretation would have no effect other than as an advisory opinion.

(d)

Procedure.

(1)

Application. Applications for interpretations of this zoning ordinance shall be filed on a form provided by the Planning Department and shall contain information describing the nature of the requested information.

(2)

Action on application. The Planning Director shall inform the applicant in writing of his or her interpretation, stating any specific precedent, the reasons, and the analysis upon which the determination is based.

(e)

Standards for use interpretations. The following standards shall govern the Planning Director and the Board of Zoning Appeals (on appeals from the Planning Director) in issuing use interpretations:

(1)

Any listed use defined in Article 1329, Definitions, shall be interpreted as therein defined;

(2)

No use interpretation shall authorize any use in any district unless evidence is presented demonstrating that it will comply with the general district regulations established for that particular district.

(3)

No use interpretation shall authorize any use in a particular district unless such use is substantially similar to other uses specifically listed as permitted or conditional in such district and is more similar to such uses than to other uses listed as permitted or conditional in another zoning district.

(4)

If the proposed use is most similar to a use allowed only as a conditional use in the district in which it is proposed to be located, then any use interpretation authorizing such use shall be subject to the issuance of a conditional use permit pursuant to Article 1379 of this Zoning Ordinance.

(5)

No use interpretation shall allow the establishment of any use that would be inconsistent with the statement of purpose of the district in question, unless such use meets the standards of subsections (e)(3) and (4) hereof.

(f)

Effect of favorable use interpretations. Use interpretations shall only authorize a use in a specific district and shall not allow the development, construction, reconstruction, alteration, or moving of any building or structure. Use interpretations shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes and ordinances of the City, including, but not limited to, a building permit, a certificate of occupancy, subdivision approval, and site plan approval.

(g)

Limitations on favorable use interpretations.

(1)

A use interpretation finding a particular use to be permitted, or allowed as a conditional use in a particular district, shall be deemed to authorize only the particular use for which it is issued, and such interpretation shall not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued.

(2)

Once a use interpretation is made for a particular use in a particular district, that use shall be permitted as a conditional use for the entire district and shall be available for other property owners in that district through the conditional use process.

(h)

Appeals from Planning Director decisions. The Board of Zoning Appeals shall, pursuant to Article 1383 of this zoning ordinance, hear and decide appeals from any administrative interpretations by the Planning Director acting pursuant to the authority and duties under this section.

(a)

Prior to adoption of any amendment to the zoning map or zoning text that would change the allowed dwelling unit density of any parcel of land, the City will provide notice of the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of West Virginia Code Chapter 59, Article 3.

(b)

The provisions of Paragraph (b)(1) of West Virginia Code Section 8A-7-8, and any related or successor provision or amendment, requiring delivery of notice by certified mail to landowners whose property is directly involved in a zoning amendment that would change the allowed dwelling unit density of any parcel of land, shall not apply to zoning amendments within the City of Morgantown, in accordance with authority duly granted pursuant to the Municipal Home Rule Pilot Program.

(Ord. No. 17-53, 12-19-2017)

(a)

Proposed amendments to this ordinance may be presented by the Planning Commission to Council requesting an amendment, supplement, repeal or change of the regulations of the zoning ordinance. Prior to submission to Council of a Planning Commission petition or a report on a proposed ordinance, the Planning Commission shall hold a public hearing. After the public hearing, the Planning Commission shall make its report on the proposed ordinance to Council. Thereafter, Council shall proceed to take such action on the proposed ordinance as it deems proper.

(b)

The City Council may, from time to time, amend, supplement, or change the rules and regulations and districts fixed by the zoning ordinance.

(c)

Before amending the zoning ordinance or zoning map, City Council with the advice of the Planning Commission, must find that the amendment is consistent with the comprehensive plan. If the amendment is inconsistent, then City Council 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 which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.

(d)

Zoning map amendments (i.e., rezonings) often become issues of significant contention between applicants and residents living adjacent to and in the vicinity of the property to be rezoned. Too often this results in difficult and argumentative public hearings before the Municipal Planning Commission and City Council. In most cases, opposition to a rezoning request is based on legitimate concerns over the well-being and preservation of a neighborhood, but sometimes opposition results from a simple lack of communication and understanding between the applicant and the neighborhood residents. The City, therefore, strongly advises any person that is considering applying for a zoning map amendment (i.e., rezoning) to discuss the proposal with residents living within 200 feet of the property to be rezoned and with the leadership of any organized neighborhood organizations that represent the area before making application to the Planning Department. The Department can assist by providing contact information for individuals who should be consulted.

Whenever public necessity or the public health, safety, and general welfare require, City Council may, by ordinance and after receipt of recommendation thereon from the Planning Commission and subject to the procedures below, amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property.

(a)

Amendment to the zoning map.

(1)

A request for rezoning of property shall be filed on prescribed forms with the Planning Department. The request, or application, shall include a list of the property owners' names and addresses located within 200 feet of the affected area, including the subject property, as of record in the office of the Monongalia County Assessor. The applicant must also submit the tax map and parcel numbers for the list of properties along with a stamped and addressed envelope for each of the names and addresses of property owners in the affected area. If the list includes a lot within a subdivision, the applicant must submit the name of the president of the subdivision's homeowners' association along with a stamped and addressed envelope for the individual.

(2)

The Planning Department will conduct a formal review of the completed application.

(3)

The Planning Department will publish a legal advertisement describing the request for rezoning in a local newspaper of general circulation at least 15 days prior to the scheduled public hearing before the Planning Commission. The prepared envelopes notifying the property owners located within 200 feet of the affected property and the homeowners association president of an affected subdivision and submitted by the applicant will be mailed no later than ten days prior to the meeting.

(4)

The Planning Director shall cause official zoning notification signs to be placed in a prominent location on the property not later than ten days prior to the meeting.

(5)

The Planning Commission will hold a duly scheduled public hearing on the rezoning request, prepare a report, and make a recommendation to Council.

(6)

City Council will hear the case according to its rules and procedures.

(7)

If the request for rezoning is approved by Council, the applicant shall receive approval and will be formally notified by mail by the Planning Department. The Planning Department shall amend the zoning map to reflect the approved rezoning.

(8)

If the request for rezoning is denied by Council, the applicant is formally notified in writing by the Planning Department of the denial and the right to appeal the decision to Monongalia County Circuit Court.

(9)

Any person who feels aggrieved by an approval or denial of a rezoning may appeal the decision to the Circuit Court of Monongalia County.

(b)

Amendment to the zoning ordinance text.

(1)

A request for an amendment, or change, to the text of the zoning ordinance shall be filed on prescribed forms with the Planning Department. The Planning Director shall furnish the applicant a copy of a sample or previously approved text amendment, composed in the format required by the City Attorney for text amendments, so that the applicant will have a model by which to compose his or her proposed amendment.

(2)

The Planning Department will conduct a formal review of the completed application.

(3)

The Planning Department will publish a legal advertisement describing the request for a text amendment in a local newspaper of general circulation at least 15 days prior to the scheduled public hearing before the Planning Commission.

(4)

The Planning Commission shall hold a duly scheduled public hearing on the text amendment request, prepare a report, and make a recommendation to Council.

(5)

City Council will hear the case according to its rules and procedures.

(6)

If the request for the text amendment is approved by Council, the applicant receives approval and is formally notified by mail by the Planning Department. The Planning Department shall amend the zoning ordinance text to reflect the approved amendment.

(7)

If the request for the text amendment is denied by Council, the applicant is formally notified in writing by the Planning Department of the denial and the right to appeal the decision to the Circuit Court of Monongalia County

(8)

If the request for the text amendment is denied by Council, the applicant shall not re-submit the same request for a period of one year unless the Planning Director determines that there have been significant changes in conditions in the area proximate to the parcel in question.

Amendments, supplements or changes of the rules and regulations of the zoning ordinance shall be considered as amendments to the comprehensive plan.

(a)

Purpose. It is the purpose of this article to recognize that there may be cases where community and comprehensive plan goals are met by a flexible and individual regulation of land uses within a zoning district. The establishment of a conditional use permit procedure provides Morgantown with such flexibility to provide for certain uses which shall be permitted only if adequate conditions exist or can be imposed that will make such uses compatible with the purposes of this ordinance and the comprehensive plan. The conditional use permit procedure shall provide for some measure of individualized judgment and the imposing of conditions on certain uses, in order to make them compatible with uses in the surrounding area. It is further intended that the conditional use permit, through a site plan review process, shall provide a method whereby it can be determined whether or not a use would cause any damage, hazard, nuisance, or other detriment to persons or property in the vicinity.

(b)

Standards and requirements. All such uses are declared to possess characteristics of such unique and special form that each specific use must be considered as an individual case. Consideration by the Board of Zoning Appeals shall be based on adopted standards and requirements. These considerations shall be both general, applying to all conditional uses, and specific, applying to individual types of conditional uses. The standards and requirements stipulated in this article shall be made a condition of approval. In addition, the Board of Zoning Appeals may impose additional, reasonable conditions to fit the particular use and site under review.

(c)

Limits of authorization. A conditional use permit shall be deemed to authorize only the particular use specified in the permit.

(Ord. No. 06-01, 1-3-2006)

(d)

Review. Any person seeking to establish a use designated as a conditional use for the zoning district in which it is located shall apply to the Board of Zoning Appeals for a conditional use permit. If a conditional use permit meets the thresholds for a development of significant impact (DSI) as set forth in Section 1385.05, the reviewing authority will then be the Planning Commission and Board of Zoning Appeals.

(Ord. No. 17-28, 7-5-2017)

(a)

The applicant shall file a formal and complete application for a conditional use permit with the Planning Department. The application shall include:

(1)

Application signed by owner, or authorized agent of owner with a letter of approval from the property owner stating that said agent may act on owner's behalf and filing fee.

(2)

A descriptive narrative shall be submitted as a part of the conditional use permit application that provides, at least, the following information:

a.

Proposed use of the site.

b.

Existing use of the site.

c.

Proposed total building area, per building on site.

d.

Existing total building area, per building on site.

e.

Parcel size in square feet.

f.

Number of existing and proposed off-street parking spaces.

g.

If residential, total number of dwelling unit; floor area; and, number of bedrooms for each dwelling unit.

h.

If nonresidential, the location within the building and the gross leasable and/or net floor areas to be occupied; projected days and hours of business operation; projected number of business clients per day; and, total number of employees present during busiest shift.

i.

If nonresidential, the location within the building of and the net rentable floor area to be occupied; projected days and hours of business operation; projected number of business clients per day; and total number of employees present during busiest shift.

(3)

A list of the property owners' names and addresses located within 200 feet of the affected area, as of record in the office of the Monongalia County Assessor. The subject property also shall be included in the affected area. The applicant must also submit the tax map and parcel numbers for the list of properties along with a stamped and addressed envelope for each of the names and addresses of property owners in the affected area. If the list includes a lot within a subdivision, the applicant must submit the name of the president of the subdivision's homeowners' association along with a stamped and addressed envelope for the individual.

(4)

Any other information deemed helpful by the applicant or necessary by the Planning Department or Board of Zoning Appeals to explain the nature of the proposed use and its consistency with the standards established by the article for conditional use permits. When the Planning Director, or the Director's designee, determines it is necessary, he/she may require that in the case of accessory structures or minor additions, all dimensions shown on plans relating to the size of the lot and the location of the structure(s) thereon be based on an actual survey by a registered land surveyor or registered design professional licensed by the State of West Virginia and as authorized by West Virginia State law, said survey to be provided by the applicant.

(b)

For conditional use permit applications providing for physical change including, but not limited to, construction, reconstruction or alteration and/or site modification or improvements, the following shall be included, if applicable:

(1)

Vicinity map showing all adjacent properties and nearby streets within a 300-foot radius around the project site, drawn at an appropriate scale.

(2)

Site plan. A site plan (three copies) drawn to scale at a minimum one inch equals 50 feet and a maximum of one inch equals ten feet and include the following:

a.

The actual dimensions, size, square footage, and shape of the lot to be built upon as shown on an actual survey by a licensed land surveyor or registered design professional licensed by the State of West Virginia and as authorized by West Virginia State law.

b.

The exact sizes and locations on the lot of existing structures, if any.

c.

The location(s), square footage(s) , and dimensions of all proposed principal, accessory and/or temporary structure(s) and/or alteration(s).

d.

The location of the lot with respect to adjacent rights-of-way.

e.

Parking plan. The location and dimensions of off-street parking and means of ingress and egress for such space.

f.

Required and proposed setbacks.

g.

Buffer yard location and landscaping and screening plan, if applicable. Landscaping plan should be a separate drawing based on the site plan.

h.

Location of garbage collection area and screening.

i.

Location of existing and/or proposed signage, if applicable.

j.

Roadway typical detail for internal roadways, if applicable.

(3)

Building elevations. All preliminary building elevations shall be drawn at a scale of one-eighth inch equals one foot or larger and identify:

a.

Height of all principal buildings and/or accessory structures. If applicable, measured in feet as provided in the definition of "building height in feet" provided in Section 1329.02.

b.

All exterior materials and colors to be used including roofing, cladding, and windows.

c.

Show any improvements made to the property that have been approved but not yet constructed and label the area as such.

d.

Photographic or similar representation showing the building height in relationship to surrounding buildings.

(4)

Floor plans. All preliminary floor plans shall be drawn to a scale of one-eighth inch equals one foot or larger and identify:

a.

Both existing and proposed floor layouts with square footage indicated.

b.

Label the use of all rooms on the plans, with the dimensions of the room(s) and the overall dimensions of the building.

c.

Show any improvements made to the property that have been approved but not yet constructed and label the area as such.

d.

Photographic or similar representation showing the practice of the use, to include but not be limited to, seating arrangements, appliance/equipment layout, time-series analysis, etc.

(5)

Traffic impact study. A traffic impact study shall be submitted, if required by the City Engineer. Approved West Virginia Division of Highways permit and/or agreement, if applicable, is not required for Board of Zoning Appeals conditional use review, but shall be required prior to issuance of a building permit. In the event a traffic analysis or traffic impact study is required and the review of same involves West Virginia Division of Highways, written/electronic correspondence from West Virginia Division of Highways documenting its approval of the traffic analysis or traffic impact study must be presented to the Board of Zoning Appeals by the applicant prior to conditional use permit approval.

(c)

The Planning Director, or his/her designee, will conduct a formal review of the complete application. No conditional use permit application shall be accepted unless it is complete and is verified as to the correctness of information given by the signature of the applicant attesting thereto.

(d)

The Planning Director, or his/her designee, shall publish a legal advertisement describing the request for a conditional use permit in a local newspaper of general circulation at least 15 days prior to the scheduled public hearing before the Board of Zoning Appeals. The prepared envelopes notifying the property owners located within 200 feet of the affected property and the president of the homeowners association of an affected subdivision and submitted by the applicant will be mailed not later than ten days prior to the hearing.

(e)

The Board of Zoning Appeals shall hold a duly scheduled public hearing to review the complete application for the conditional use permit request.

(f)

If the conditional use permit is granted by the Board, the applicant receives approval and is formally notified in writing by the Planning Department.

(g)

If the conditional use permit is denied by the Board, the applicant is formally notified in writing by the Planning Department of the denial and the right to seek review of the decision in the Circuit Court of Monongalia County within 30 days.

(Ord. No. 17-28, 7-5-2017)

(a)

The Board of Zoning Appeals should consider the following objectives when evaluating each conditional use application:

(1)

The proposed conditional use is compatible with the goals of the adopted comprehensive plan.

(2)

The proposed conditional use is compatible with the appropriate and orderly development of the district, taking into consideration the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with such use, the size of the site in relation to the use, the assembly of persons in connection with the use, and the location of the site with respect to streets giving access to the site.

(3)

The proposed site development, if applicable, is such that the proposed conditional use will not hinder nor discourage the appropriate development and use of adjacent land and buildings, taking into consideration the location, nature and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site.

(4)

Neighborhood character and surrounding property values are reasonably safeguarded.

(5)

Operations in connection with the proposed conditional use are not offensive, dangerous, destructive of property values and basic environmental characteristics, or detrimental to the public interest of the community. The proposed conditional use is not more objectionable to nearby properties by reason of fumes, noise, vibration, flashing of or glare from lights, and similar nuisance conditions than the operations of any permitted use not requiring a conditional use permit in the district.

(6)

The character and appearance of the proposed conditional use, buildings, structures, and/or outdoor signs should be in general harmony or better, with the character and appearance of the surrounding neighborhood.

(b)

No conditional use permit application under the terms of this article may be approved by the Board of Zoning Appeals unless it finds that the conditional use is within the fitting character of the surrounding area and is consistent with the spirit, purpose and intent of the zoning ordinance as set forth in Section 1389.04. Provided, the Board may substitute findings where such findings are relevant to a unique conditional use classification (e.g., Class 2 home occupation, etc.) and are uniformly applied to such unique conditional use classification.

(c)

Other conditions and restrictions. The Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed conditional use permit.

(d)

The Planning Director may require the lot and location of the building(s) thereon to be staked out on the ground before construction is begun. The Planning Director, where deemed appropriate, may require the same for accessory structures or minor additions. In any case, it shall be the owner's responsibility to ensure that a structure is placed on his/her property according to his/her approved conditional use permit and as required by any applicable City ordinance.

(e)

Conditional use permits approved by the Board of Zoning Appeals may authorize only the use, arrangement and construction set forth in the approved permit. Furthermore, the approval of a conditional use permit shall not be construed to be approval of any violation of the provisions of this zoning ordinance. The issuance of a building permit based upon conditional use permit approval by the Board of Zoning Appeals shall not prevent the Planning Director, or his/her designee, from thereafter requiring the correction of errors in said plans or from preventing operations from being carried on thereunder when in violation with this zoning ordinance. Conditional use permit approval does not eliminate the need to obtain an approved building permit nor the applicant's responsibility to meet all other requirements established by local, State and Federal regulations.

(f)

One copy of plans associated with the approved conditional use permit, if applicable submitted for a building permit as required in subsection (e) above for the Planning Department shall be returned to the applicant after the Planning Director has marked such copy as either approved or disapproved as to the provisions of this zoning ordinance and attested to same by his/her signature on such copy. The original, similarly marked, shall be retained by the Planning Director.

(Ord. No. 17-28, 7-5-2017)

A conditional use approval may be denied or revoked where the applicant fails to comply with specific conditions made a part of the approval by the Board, or fails to comply with a reasonable request of the Board or the Planning Director for furnishing specific information related to the proposed use. Failure to comply with the conditions of approval shall constitute a violation of the Zoning Ordinance.

(Ord. No. 17-28, 7-5-2017)

In the case where a conditional use permit has not been used within 12 months after the granting thereof, then without further action it shall be null and void. This time period may be extended at the discretion of the Board of Zoning Appeals by successive 12-month time periods, up to three years from the date of the original expiration. A request for an extension shall be in writing stating the justification for the extension, and shall be submitted prior to the expiration of the conditional use permit. The word "used" shall mean that the approved conditional use permit has been activated as evidenced by the issuance and continuation of any related development permit and substantial construction started, if construction is involved in the conditional use permit.

(Ord. No. 17-28, 7-5-2017)

If there are other valid reasons for denying a conditional use application, the denial may be sustained even if the proposed conditional use constitutes the highest and best use, which can be made of the subject property. The Board may not deny a permit solely for the purpose of limiting the number of similar uses in an area. However, the Board may require that reasonable minimum distances be maintained between similar uses as a condition of approval.

(Ord. No. 17-28, 7-5-2017)

The regulations set forth or identified in this chapter are provided to establish procedures, criteria and conditions which shall be met before the Board of Zoning Appeals may approve variances from the terms of this ordinance.

A person desiring a variance from the terms of the zoning ordinance shall submit a written application for variance approval with the Planning Director. An application for variance approval shall:

(a)

Be made on the forms available at the Planning Department office and signed by the owner of the property subject to the variance request ("subject property") or by a person who has been authorized to sign the form by the owner. If the form is signed by a person other than the owner, the person must submit written documentation of his/her authority to sign the form (e.g., a letter from the owner which states that the person has been authorized to sign the form);

(b)

Describe the specific use or standard for which the variance is sought;

(c)

Be accompanied by a copy of an area map which shows the location of the subject property, the locations of related public and utility facilities (e.g., schools, sewer, etc.), the relationship of the subject property to the adopted transportation plan for the area;

(d)

Be accompanied by a copy of a site plan, drawn to an appropriate scale, which shows:

(1)

The subject property;

(2)

The location of all existing and proposed buildings, structures and improvements to be made to the subject property, including drainage and erosion control facilities and features;

(3)

Accurate dimensions of the parcel, buildings, parking areas and ingress/egress driveways;

(4)

Names and addresses of all property owners within 200 feet of the subject property, as is on record at the Monongalia County Assessors Office;

(5)

Location, right-of-way and pavement width of all streets adjacent to the subject property; and

(e)

Be accompanied by any other information reasonably required by the Planning Director; and

(f)

Be accompanied by the fee established by the City.

Applications for variance approval shall be considered in accordance with the following procedures.

(a)

After receiving a complete application, the Planning Director shall schedule and announce the date and time of the Board of Zoning Appeal's hearing on the application. At the time the hearing is scheduled, the Planning Director shall provide the applicant with written notice of the hearing date and time.

(b)

Prior to the Board of Zoning Appeals hearing on the application, the Planning Director shall review the application for compliance with the zoning ordinance. Following such review and prior to the hearing, the Planning Director shall prepare and provide the Board of Zoning Appeals and the applicant with the Planning Director's written comments and recommendation on the application, including the Planning Director's opinion as to any effect the proposed variance might have upon the integrity of the zoning ordinance.

(c)

The Board of Zoning Appeals, and its representatives, at its discretion, may visit the subject property at any reasonable time during the review process.

(d)

Notice of the Board of Zoning Appeals hearing on the application for variance approval shall be published in a local newspaper of general circulation at least 15 days prior to the hearing.

(e)

At least ten days prior to the Board of Zoning Appeals hearing on the application for variance approval, the applicant, in the manner prescribed in the Board of Zoning Appeals Rules of Procedure, shall notify all interested parties of the public hearing by mail.

(f)

At least ten days prior to the Board of Zoning Appeals hearing on the application for variance approval, the applicant shall post and maintain a sign on the subject property notifying those passing the property that a request for variance approval for the property has been made. The sign shall be provided to the applicant by the Planning Director.

(g)

The Board of Zoning Appeals shall conduct a public hearing on the application for variance approval, and may approve the application, approve the application with conditions, or deny the application.

(h)

The Board of Zoning Appeals shall make written findings of fact and conclusions of law in support of its decision. The Planning Director shall promptly provide the applicant with a copy of the Board's written findings and conclusions.

(i)

If the Board of Zoning Appeals approves the application for variance approval, the City may issue the applicant a building permit subject to the conditions of variance approval and the provisions of this ordinance and any other applicable law.

(j)

If the request for a variance is denied by the Board of Zoning Appeals, the applicant shall not re-submit the same request for a period of one year unless the Planning Director determines that there have been significant changes in conditions in the area proximate to the parcel in question.

(k)

Variances from the use of a parcel or building, and variances from the type of sign permitted on any given parcel, shall not be permitted under any circumstances.

The Board shall have the authority to impose specific conditions as part of its approval in order to protect the public health, and for reasons of safety, comfort and convenience (e.g., to ensure compatibility with surroundings). A variance approval may be denied or revoked where the applicant fails to comply with specific conditions made a part of the approval by the Board, or fails to comply with a reasonable request of the Board or the Planning Director for furnishing specific information related to the proposed variance. Failure to comply with the conditions of approval shall constitute a violation of the zoning ordinance.

In the case where a variance has not been used within 12 months after the granting thereof, then without further action it shall be null and void. This time period may be extended at the discretion of the Board of Zoning Appeals by successive 12-month time periods up to three years from the date of the original expiration. A request for an extension shall be in writing stating the justification for the extension, and shall be submitted prior to the expiration of the variance approval. The word "used" shall mean that the approved variance has been activated as evidenced by the issuance and continuation of any related development permit and substantial construction started, if construction is involved in the variance.

(Ord. No. 17-28, 7-5-2017)

Variance approval applies to the subject property and may be transferred with ownership of the subject property subject to the provisions and conditions prescribed by or made pursuant to the zoning ordinance.

(a)

An appeal from any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of the zoning ordinance, or rule and regulation adopted pursuant to the zoning ordinance, shall be filed with the Board of Zoning Appeals.

(b)

The appeal shall:

(1)

Specify the grounds of the appeal;

(2)

Be filed within 30 days of the original order, requirement, decision or determination made by an administrative official or board charged with the enforcement of the zoning ordinance; and

(3)

Be on a form prescribed by the Board of Zoning Appeals.

(c)

Upon request of the Board of Zoning Appeals, the administrative official or board shalt transmit all documents, plans and papers constituting the record of the action from which the appeal was taken.

(Ord. No. 16-43, 9-6-2016)

(a)

An appeal shall be filed with the Planning staff, who shall forward such appeal to the Board of Zoning Appeals.

(b)

Within ten days of receipt of the appeal by the Board of Zoning Appeals, the Board shall set a date and time for the hearing of the appeal and give notice. The hearing on the appeal must be held within 45 days of receipt of the appeal by the Board.

(c)

At least 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 West Virginia Code Chapter 59, Article 3, and written notice shall be given to interested parties. The publication area shall be the area covered in the appeal.

(d)

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.

(Ord. No. 16-43, 9-6-2016)

(a)

A hearing on the appeal shall be conducted by the Board of Zoning Appeals in conformance with the West Virginia Code and the Morgantown City Board of Zoning Appeals Rules of Procedure.

(b)

At the hearing, any party may appear in person, by agent or by an attorney licensed to practice in the State of West Virginia.

(Ord. No. 16-43, 9-6-2016)

(a)

Every decision by the Board of Zoning Appeals 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 appeals 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 attorney's fees required to permit the person appealing the Board's decision to return the matter to the circuit court for completion of the appeal.

(b)

The written decision by the Board of Zoning Appeals shall be rendered within 30 days after the hearing. If the Board fails to render a written decision within 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.

(c)

Any appeal determined by the Board of Zoning Appeals shall be particular to that case and site, and shall not be applied to the entire ordinance, except as noted in Section 1375.05, Administrative Interpretations.

(Ord. No. 16-43, 9-6-2016)

(a)

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 in subsection (b) of this section.

(b)

A stay may not be had:

(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.

(c)

If the written certification is filed pursuant to subdivision (1), subsection (b) of this section, then proceedings or work on the premises shall not be stayed.

(d)

Nothing in this section prevents a party from obtaining a restraining order.

(Ord. No. 16-43, 9-6-2016)

No land within the jurisdiction of the City of Morgantown shall be developed or altered for the purpose of constructing buildings or establishing uses without first having received site plan approval from either the Planning Department staff, or the Morgantown Planning Commission or the Morgantown Board of Zoning Appeals. It shall be the duty of the Planning Director, or his/her designee, in conjunction with other appropriate departments and agencies, to perform complete and thorough review of all plans submitted to the Planning Department.

(Ord. No. 15-31, 6-2-2015)

(a)

All applications for site plan review shall be made on application forms prescribed by the Planning Department and follow established submittal deadlines.

(b)

Major development projects often become issues of significant contention between applicants and residents living adjacent to and in the vicinity of the property to be rezoned. Too often this results in difficult and argumentative public hearings before the Municipal Planning Commission and City Council. In most cases, opposition to a rezoning request is based on legitimate concerns over the well-being and preservation of a neighborhood, but sometimes opposition results from a simple lack of communication and understanding between the applicant and the neighborhood residents. The City, therefore, strongly advises any person that is considering applying for a development of significant impact (DSI) to discuss the proposal with residents living within 200 feet of the property to be rezoned and with the leadership of any organized neighborhood organizations that represent the area before making application to the Planning Department. The Department can assist by providing contact information for individuals who should be consulted.

(c)

All site plans for development in the B-4 district also shall be submitted to the Downtown Design Review Committee for review and recommendations prior to any formal public hearing or final approval.

(Ord. No. 15-31, 6-2-2015)

(a)

Requirements, standards and specifications for engineering design for construction of improvements for site plans shall be equal to or greater than the minimum requirements, standards, and specifications established for design and improvements by the City Engineer. In addition to the plan sheets specified below, the applicant shall submit a complete drainage report, including calculations and justifications. The City Engineer may approve and/or require other engineering designs or practices when deemed necessary.

(b)

The proper management of storm water runoff is essential in the land development process. The City has adopted a separate storm water management ordinance that considers criteria related to total disturbed area, total/modified impervious area, sedimentation and erosion control and other criteria. Development plans are reviewed for, and must demonstrate compliance with this article.

(Ord. No. 15-31, 6-2-2015)

There are three types of site plan reviews which have different application requirements and approval procedures. Types II and III shall be reviewed by an internal technical review team, whose membership shall include the City Manager or his designee, the Chief Code Enforcement Officer, the City Engineer, a representative from the Morgantown Utility Board, and the City's Fire Department. The types of review are:

Type I administrative review, by the Planning Director, of simple site plans.

Type II administrative review, by the Planning Director, of detailed site plans.

Type III Planning Commission review of developments of significant impact.

(Ord. No. 17-28, 7-5-2017)

In order to determine what type of review a project receives, the following standards have been established and noted for specific land uses in the land use table of this article.

(a)

Type I site plan review. Single-family and two-family residential primary and secondary structures that do not constitute a development of significant impact.

(b)

Type II site plan review. Non-residential, multi-family structures, and temporary uses that do not constitute a development of significant impact.

(c)

Type III site plan review. The following thresholds constitute developments of significant impact.

(Ord. No. 17-28, 7-5-2017)

(a)

All applications for permits for single family residential and two-family residential primary and secondary structures shall be accompanied by the following:

(1)

A site plan drawn to scale, that includes the following for the use of the Planning Director:

a.

The actual dimensions, size, square footage, and shape of the lot to be built upon;

b.

The exact sizes and locations on the lot of existing structures, if any;

c.

The location(s), square footage(s), and dimensions of all proposed principal, accessory, and/or temporary structure(s) and/or alteration(s);

d.

The location of the lot with respect to adjacent rights-of-way and easements;

e.

The existing and proposed uses of the structure(s) and land;

f.

The location and dimensions of off-street parking and means of ingress and egress for such space;

g.

Height of all structures;

h.

Setbacks;

i.

Grading plan;

j.

Stormwater management plan;

k.

Erosion and sediment control plan; and

l.

Signature of applicant.

(Ord. No. 15-31, 6-2-2015)

(a)

All applications for permits for non-residential, multi-family structures, and temporary uses that do not constitute a development of significant impact (DSI), shall be accompanied by the following:

(1)

A site plan (three copies), drawn to scale, that includes the following for the use of the Planning Director:

a.

The actual dimensions, size, square footage, and shape of the lot to be built upon as shown on an actual survey by a registered design professional licensed by the State of West Virginia and as authorized by West Virginia State law, said survey to be provided by the applicant;

b.

The exact sizes and locations on the lot of existing structures, if any;

c.

The location(s), square footage(s), and dimensions of all proposed principal, accessory, and/or temporary structure(s) and/or alteration(s);

d.

The location of the lot with respect to adjacent rights-of-way;

e.

The existing and proposed uses of the structure(s) and land;

f.

The number of employees, families, housekeeping units, bedrooms, or rental units the structure is designed to accommodate;

g.

The location and dimensions of off-street parking and means of ingress and egress for such space;

h.

Height of all structures;

i.

The clear zone for structures similar to silos, grain bins, windmills, chimneys, stacks, spires, flagpole, skylights, derricks, conveyors, cooling towers, observation towers, water tanks, telecommunication facilities, etc. in excess of 50 feet in height;

j.

Setbacks;

k.

Buffer yard and screening, if applicable;

l.

Location of garbage collection area and screening;

m.

Location of existing and/or proposed signage;

n.

Layout of all internal roadways;

o.

Location and size of stormwater management facilities;

p.

Utility lines and easements;

q.

Grading plan;

r.

Erosion and sediment control plan; and

s.

Signature of applicant.

(2)

Drainage plan and drainage calculations that bear the name, address, signature and seal of a registered professional engineer, with floodplain zones clearly denoted, a typical of all swales, and a design of the drop inlets;

(3)

If applicable, design of stormwater management facility and drainage calculations that bear the name, address, and seal of a registered design professional licensed by the State of West Virginia and as authorized by West Virginia State law and that meet the requirements of this article, the City's stormwater management ordinance and all other applicable local, State and Federal regulations;

(4)

Parking and landscaping plan;

(5)

Sign plan;

(6)

Approved West Virginia Division of Highways access permit, if applicable;

(7)

Sediment and erosion control plan as approved by the West Virginia Department of Environmental Protection, the City of Morgantown, and the Morgantown Utility Board;

(8)

Any other such information concerning the lot or neighboring lots as may be required by the Planning Director to determine conformance with, and provide for the enforcement of, this article; where deemed necessary, the Planning Director may require that in the case of accessory structures or minor additions, all dimensions shown on plans relating to the size of the lot and the location of the structure(s) thereon be based on an actual survey by a registered design professional licensed by the State of West Virginia and as authorized by West Virginia State law, said survey to be provided by the applicant;

(b)

No site plan shall be accepted unless it is complete and is verified as to the correctness of information given by the signature of the applicant attesting thereto.

(c)

Site plans shall be reviewed by an AICP certified planner, and such reviews may include other agencies that the City believes to have a direct or indirect interest in the development site.

(d)

Site plans approved by the Planning Director authorize only the use, arrangement, and construction set forth in such approved site plans and no other use, arrangement or construction. Furthermore, the approval of a site plan shall not be construed to be approval of any violation of the provisions of this article. The issuance of a building permit by the City based upon site plans given approval by the Planning Director shall not prevent the City from thereafter requiring the correction of errors in said site plans or from preventing operations from being carried on thereunder when in violation with this article. Site plan approval does not eliminate the need to obtain an approved building permit and the applicant's responsibility to meet all other requirements established by local, State and Federal regulations.

(e)

One copy of the site plan submitted for a permit as required in subsection (c) above for the Planning Department shall be returned to the applicant after the Planning Director has marked such copy as either approved or disapproved as to the provisions of this article and attested to same by his signature on such copy. The original, similarly marked, shall be retained by the Planning Director.

(Ord. No. 15-31, 6-2-2015)

(a)

Development of significant impact are those that have a Citywide or regional impact. Such impacts could involve the transportation network, environmental features such as parks or stream corridor, local schools, etc. Such developments could include large-scale residential commercial or mixed-use developments, employment centers, regional shopping centers, industrial and/or manufacturing, and extractive industry.

(b)

All applications for a development of significant impact shall be accompanied by site and development plan drawings submitted under the seal and signature of a registered design professional licensed by the State of West Virginia and as authorized by West Virginia State law. All sheets shall be 24 inches by 36 inches in size drawn to scale at a minimum one inch equals 50 feet and a maximum of one inch equals ten feet with the exception of the maps on sheet one, unless otherwise approved by the City Engineer. Three full-scale sets of the site plan drawings shall be submitted for review, along with one exact digital file as required by the Planning Director, and shall observe the following format:

(1)

Sheet one (title sheet). The following information shall be submitted as part of sheet one:

a.

Full legal description with sufficient reference to section corners and boundary map of the subject project, including appropriate benchmark references.

b.

Name of the project.

c.

Name and address of the owner, developer, and person who prepared the plans.

d.

Total acreage with the project and the number of residential dwelling units and/or the gross square footage of non-residential buildings whichever is applicable.

e.

Existing zoning of the subject land and all adjacent lands.

f.

Boundary lines of adjacent tracts of land, showing owners of record.

g.

A key or vicinity map at a scale of one inch equals 400 feet or less, showing the boundaries of the proposed project and covering the general area within which it is to be located.

h.

A statement of the proposed uses, stating the type and size of residential and non-residential buildings, and the type of business, commercial or industry, so as to reveal the effect of the project on traffic, fire hazards, or congestion of population.

i.

Any existing or proposed covenants and restrictions affecting property owners and/or homeowners associations.

j.

Statement of proposed starting and completion dates for the project, including any proposed phasing and sequencing.

(2)

Sheet(s) two (existing site conditions). The following information shall be submitted as part of sheet two:

a.

Location, widths, and type of construction of all existing streets, street names, alleys, or other public ways and easements, street classification as per the approved regional transportation plan, railroad and utility rights-of-way or easements, parks, wooded areas, cemeteries, watercourses, drainage ditches, designated wetlands, low areas subject to flooding, permanent buildings, bridges, and other data considered pertinent by the Planning Commission or the Planning Director for the subject land, and within 300 feet of the proposed project or 625 feet for extractive industry development.

b.

Existing water mains, fire hydrants, storm sewers, sanitary sewers, culverts, bridges, and other utility structures or facilities within, adjacent to, or serving the subject land, including pipe sizes, grades, and exact locations, as can best be obtained from public or private records.

c.

Existing contours based in U.S.G.S. datum with intervals of not more than two feet. Elevations shall be based on sea level datum.

d.

The water elevation at the date of the survey of rivers, lakes, streams, or designated wetlands within the project or affecting it, as well as the approximate high and low water elevation of such rivers, lakes, streams, or designated wetlands. The plan shall also show the boundary line of the regulatory 100-year flood. The plan shall also show the base flood elevation of the regulatory 100-year flood at any building location along with the elevation of the lowest finished floor. All elevations shall be based on sea level datum.

(3)

Sheet(s) three (proposed site conditions). The following information shall be submitted as part of sheet three:

a.

Locations, widths, and type of construction of all existing and proposed streets, street names, alleys, or other public ways and easements, railroad and utility rights-of-way or easements, parks, wooded areas, cemeteries, watercourses, drainage ditches, designated wetlands, low areas subject to flooding, permanent buildings, bridges, and other data considered pertinent by the Planning Commission or the Planning Director for the subject land, and within 300 feet of the proposed project or 625 feet for extractive industry development.

b.

Existing and proposed water mains, fire hydrants, storm sewers, sanitary sewers, culverts, bridges, and other utility structures or facilities within, adjacent to, or serving the subject land, including pipe sizes, grades, and exact locations, as can best be obtained from public or private records.

c.

Water supply plan. For development that involves the use of water at higher volumes than customarily associated with nonindustrial-type development, the City may require, in coordination with the Morgantown Utility Board, a water supply plan. A water supply plan must include at least the identification of the water source(s); the development and use of freshwater impoundments, if applicable; when and where water withdrawals will occur; necessary operational water volumes; potential competing water users; and, cumulative impact of the development's water consumption to the public water system, watersheds and/or groundwater.

d.

Building setback lines, showing dimensions.

e.

Internal and perimeter sidewalk system/pedestrian circulation plan.

f.

Proposed contours with intervals of not more than two feet. The plan shall also show the contour line for the floodway fringe boundary. Grading plans and drainage plans and calculations are not required for Planning Commission site plan review, but shall be required prior to issuance of any building permits. Such plans shall be prepared by a registered design professional licensed by the State of West Virginia, and as authorized by West Virginia State law; and shall also meet the City's stormwater management ordinance and all applicable local, State and Federal regulations.

g.

Location and detail plans for all trash dumpsters.

h.

Location and detail plans for utility and mechanical equipment placed on the ground (e.g. pad-mounted transformers, HVAC units, etc.).

i.

The number of employees, families, housekeeping units, bedrooms, or rental units the structure(s) is designed to accommodate.

j.

If applicable, the clear zone for structures similar to silos, grain bins, windmills, chimneys, stacks, spires, flag pole, skylights, derricks, conveyors, cooling towers, observation towers, water tanks, telecommunication facilities, etc., in excess of 50 feet in height.

(4)

Sheet(s) four (preliminary landscape plan and preliminary site lighting plan). A preliminary landscape plan prepared to the standards specified in this zoning ordinance. A preliminary site lighting plan that includes exterior light fixture details and photometric plans in footcandles.

(5)

Sheet five (plat-like dedication sheet, if necessary). The following information shall be submitted as part of sheet five if a plat-like dedication document for easements and rights-of-way is deemed necessary by the Planning Commission or its authorized designee:

a.

Parcels of land proposed to be dedicated or served for public use, or reserved for common use of all property owners within the project, with the proposed conditions and maintenance requirements, if any, shall be designated as such and clearly labeled on the plans;

b.

Radii, internal angles, points of curvature; tangent bearings and lengths of all arcs, chord, and chord bearings; and

c.

Accurate location of all survey monuments erected, corners and other points established in the field in their proper places.

(6)

Sheet(s) six (floor plans). Floor plans must illustrate and identify internal and external dimensions, uses, gross floor areas, and include a summary table of residential unit types and/or nonresidential use gross floor areas and any additional information deemed necessary for proper review of the development plan by the Planning Director, City Engineer, or Planning Commission.

(7)

Sheet(s) seven (building elevations). Elevations of all facades illustrating height of building; top of adjoining finish grade elevation; exterior building components (roof, walls, foundation, etc.); exterior finishes and materials; roof slope or pitch; window types; exterior stairs, landings, guardrails, and handrails; and, any additional information deemed necessary for proper review of the development plan by the Planning Director, City Engineer, or Planning Commission.

(8)

Sheet(s) eight (parking layout plan). Parking layout plan must identify ingress and egress driveway entrance(s) and distances of same from neighboring property boundaries, existing driveway entrances, and intersections; layout of internal roadway; parking stall types, and dimension details for parking stalls and drive aisles; pedestrian circulation plan (if required); and, any additional information deemed necessary for proper review of the development plan by the Planning Director, City Engineer, or Planning Commission.

(9)

All sheets shall contain the following information:

a.

All dimensions shown on plans relating to the size of the lot and the location of the structure(s) thereon be based on an actual survey by a registered land surveyor or registered design professional licensed by the State of West Virginia and as authorized by West Virginia State law, said survey to be provided by the applicant.

b.

The proposed name by which the project shall be legally and commonly known.

c.

Date of survey, scale, and north point.

d.

All lots or outlots intended for sale or lease shall be designated with boundary lines and numbered or labeled for identification purposes.

e.

Private parks, common areas, or excluded parcels shall be designated as such and clearly labeled on the plans.

f.

All necessary reference points tying the subject property to the appropriate section corners.

g.

Each sheet shall be sealed and signed by the professional preparing the drawings.

h.

All sheets shall be tied to State plan coordinates for horizontal and vertical controls.

i.

Such other information as may be deemed necessary for proper review of the site plan by the Planning Director, City Engineer, or Planning Commission to determine conformance with and provide for the enforcement of these zoning regulations.

(c)

All applications for a development of significant impact shall be accompanied by:

(1)

A list of the property owners' names and addresses located within 200 feet of the site, including the subject property, as of record in the office of the Monongalia County Assessor. The applicant must also submit the tax map and parcel numbers for the list of properties.

(2)

The applicant must also submit a stamped and addressed envelope for each of the names and addresses of the property owners within 200 feet of the site. Return address is not required.

(d)

For development which, in the opinion of the City Engineer, may create excessive negative impacts on traffic and/or dedicated City roadways, rights-of-way, or improvements in the immediate vicinity that serve the use, the City may require an analysis of the proposed development's impact on current or future traffic flows and/or dedicated City roadways, rights-of-way, or improvements, as the developer's expense, prepared by a qualified professional engineer. The Planning Commission may also table consideration of a development and refer such developments to the City Engineer to ask his or her opinion as to whether a traffic impact study, transportation route plan, and/or transportation route protection agreement may be warranted.

(1)

Traffic impact study. If the traffic impact study indicates that the projected traffic impact of the use would result in a two full letter grade decline in the existing level of service (e.g., going from a Level of Service B to a Level of Service D) of any dedicated City street directly serving the use, such finding may be considered sufficient grounds for denial of the project, or a requirement that sufficient improvements be made to said streets, at the developer's expense, or that the project be reduced in size and scope to the point where no such negative impact on the level of service results. Level of service refers to the traffic grading system described in the latest edition of the Highway Capacity Manual, published by the Transportation Research Board.

(2)

Approved West Virginia Division of Highways permit and/or agreement, if applicable, is not required for Planning Commission site plan review, but shall be required prior to issuance of a building permit. In the event a traffic analysis or traffic impact study is required and the review of same involves West Virginia Division of Highways, written/electronic correspondence from the West Virginia Division of Highways documenting its approval of the traffic analysis or traffic impact study must be presented to the Planning Commission by the applicant prior to DSI site plan approval.

(3)

Transportation route plan. A transportation route plan shall include a map of routes and roads for equipment, supplies, chemicals or waste products used or produced by the development. The plan shall include a list of the length of all public roads that will be used for site ingress and egress to Morgantown corporate limits. The map shall also show the location or any areas within the City along the transportation route proposed for truck staging or storage related to the development's operations. The City may restrict the hours of operation of vehicles when the proposed transportation route passes through a designated school zone, heavily used roadways or intersections, or along local residential streets. In the event of construction detours, roadway closure or roadway deterioration along an approved transportation route, the City Engineer may amend the approved transportation route plan.

(4)

Transportation route protection agreement. For development which, in the opinion of the City Engineer may damage or create excessive deterioration to dedicated City roadways, rights-of-way, or improvements, the City may require a transportation route protection agreement. The agreement shall stipulate that the City roadways, rights-of-way, and improvements shall be maintained equal to or better than the original condition; stipulate any required major improvements and restrictions; stipulate the manner in which dirt, dust, mud and debris is to be controlled from leaving the development site; and, required bond.

a.

For the purpose of this article, "required major improvements" are those modifications to City roadways, rights-of-way, or improvements that are necessitated by the high volumes of heavy traffic anticipated for the development and may include but are not limited to sight distance improvements, signage, signalization, road widening, construction of new roadways, and acquisition of rights-of-way.

b.

For the purpose of this article, "restrictions" are requirements directed at the protection of the vehicular and pedestrian traveling public, including but not limited to routing, pilot vehicles, hours of operation, etc.

c.

For the purpose of this article, "anticipated damage" is the added potential stress placed on City roadways, rights-of-way, or improvements due to increased continuous use by heavy vehicles.

d.

The approved route(s) shall be filmed before commencement of development.

e.

The person in charge of the development site shall provide a 24 hour point-of-contact for use by the City Engineer.

f.

Bond. A bond or similar surety acceptable to the City shall be based on the degree of anticipated damage to City roadways, rights-of-way, or improvements up to the following maximum amounts:

Paved mile .....$100,000.00

Tar and chipped mile .....$ 35,000.00

Graveled mile .....$ 25,000.00

(e)

Emergency action response plan. For development that involves the use and/or storage of large volumes of highly flammable, toxic matter, or explosive materials, the City may require an emergency action response plan. A emergency action response plan shall, at a minimum:

(1)

Be submitted for review to and placed on file with the City Engineer, City Fire Chief, City Police Chief, the Morgantown Utility Board, and the Monongalia County Homeland Security and Emergency Management Agency.

(2)

Establish written procedures to minimize any hazard resulting from highly flammable, toxic matter, or explosive materials.

(3)

Identify and describe specific measures of how existing best practices will be managed and maintained regarding protection of the public and how practices are consistent with applicable Federal, State, and local laws and regulations.

(4)

Be kept current with any additions, modifications, and/or amendments concerning all related activities including construction, facility upgrades, and processes and production associated with the use of highly flammable, toxic matter or explosive materials. Updated plans shall be submitted for review to and placed on file with the City Engineer, City Fire Chief, City Police Chief, the Morgantown Utility Board, and the Monongalia County Homeland Security and Emergency Management Agency within five business days after any additions, modifications, and/or amendments to said plan.

(5)

Be kept on site, including updated plans.

(6)

Provide for:

a.

Prompt and effective response by the person in charge of the development site to emergencies regarding leaks or releases that can affect public health, safety, and welfare; fire or explosions; and natural disasters and severe weather.

b.

Effective means to notify and communicate required and pertinent information to local fire, police, and public officials during an emergency.

c.

The availability of personnel, equipment, tools, and materials as necessary at the scene of an emergency.

d.

Measures to be taken to reduce public exposure to injury.

e.

Emergency shutdown of highly flammable, toxic matter or explosive materials and related sites.

f.

The safe restoration of service and operations following an emergency or incident.

g.

A follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures.

h.

An emergency notification page that indicates all emergencies must be reported to MECCA 9-1-1.

i.

Drive-to-maps from public rights-of-way to the development site.

(f)

Hazardous materials management plan. For development that involves the use, storage, or generation of hazardous materials and wastes, the City may require a hazardous materials management plan. A hazardous materials management plan shall, at a minimum:

(1)

Be submitted for review to and placed on file with the City Engineer, City Fire Chief, City Police Chief, the Morgantown Utility Board, and the Monongalia County Homeland Security and Emergency Management Agency.

(2)

Include contact information for the owner, onsite manager, property manager, environmental manager, and tenants.

(3)

Include operations information that includes but is not limited to the total number of employees and hours of operation for each day of the week; public access and whether it restricted or unrestricted; and, hazardous-waste generator.

(4)

Include a site and facilities plan that includes but is not limited to floor layout with uses; hazardous materials storage areas and containers with methods of secondary containment; interior (floor drain) and exterior (stormwater) drainage systems with locations of connections to public sanitary and stormwater systems.

(5)

Include and maintain an inventory of all hazardous materials and wastes used, stored, or generated by the development.

(6)

Identify and describe specific measures of how existing best practices will be managed and maintained for the proper use, storage, disposal of hazardous materials and wastes; prevent pollution; reduce the risk of spills; how practices are consistent with applicable Federal, State, and local laws and regulations.

(7)

Include a spill contingency plan responding to spills of hazardous materials and/or wastes that includes but is not limited to emergency contacts; spill response procedures including cleanup protocol, supplies, equipment disposal; and employee training.

(g)

No site plan shall be accepted unless it is complete and is verified as to the correctness of information given by the signature of the applicant attesting thereto.

(h)

The Planning Department shall send written notification to property owners within 200 feet of any property line of the development of the time, date and location of the Planning Commission meeting at which the project will be considered.

(i)

The Planning Director may require that the lot and location of the building thereon shall be staked out on the ground before construction of a dwelling unit or primary structure is begun. The Planning Director, where deemed appropriate, may require the same for accessory structures or minor additions. In any case, it shall be the owner's responsibility to ensure that a structure is placed on his property according to his approved site plan (zoning review) and as required by any applicable City ordinance.

(j)

Site plans approved by the Planning Commission authorize only the use, arrangement, and construction set forth in such approved site plans and no other use, arrangement or construction. Furthermore, the approval of a site plan shall not be construed to be approval of any violation of the provisions of this article. The issuance of a building permit based upon site plans given approval by the Planning Commission shall not prevent the Planning Director from thereafter requiring the correction of errors in said site plans or from preventing operations from being carried on thereunder when in violation with this article. Site plan approval does not eliminate the need to obtain an approved building permit and the applicant's responsibility to meet all other requirements established by local, State and Federal regulations.

(k)

One copy of the site plan submitted for a permit to the Planning Department shall be returned to the applicant after the Planning Director has marked such copy as either approved or disapproved as to the provisions of this article and attested to same by his/her signature on such copy. The original, similarly marked, shall be retained by the Planning Director.

(l)

Electronic submittal of final plans and other documents. Final plans or other documents required to be submitted under the Type III site plan review that will be archived must be submitted in an electronic format specified by the Planning Director as a condition to issuance of any type of permit, approval, or other action related to the final plans or documents. The Planning Director shall provide a schedule indicating which documents must be provided electronically, at which point during the approval process, and other information as necessary for archiving purposes.

(Ord. No. 15-31, 6-2-2015)

The applicant shall be required to submit written documentation of the following, when applicable and/or required:

(a)

Utility encroachment approvals;

(b)

Other local, State, and Federal approvals, including other City boards, commissions, or departments;

(c)

Inspection and testing agreements with the Engineering Department;

(d)

Outside reviews as required by the City;

(e)

Easements and rights-of-ways not on a plat-like document shall be submitted in the form prescribed by the Engineering Department and include both a full legal description and a drawing exhibit; and

(f)

Traffic impact study.

(g)

Erosion and sediment control plan. Prior to the issuance of any permit authorizing any work relating to grading, grubbing, stripping, etc., as defined and regulated by City Code Article 1741 "Grading Requirements" and/or City Code Article 929 "Stormwater Management and Surface Water Discharge Control," an erosion and sediment (E&S) control plan must be submitted, reviewed, and approved by the City Engineer and the Morgantown Utility Board (MUB). All control plan documents and design details and all measures for soil erosion and sediment control and sequencing of installation must meet or exceed current methods and standards adopted by the City of Morgantown, the Morgantown Utility Board (MUB), and the West Virginia Department of Natural Resources (WVDNR). The City Engineer and/or the Morgantown Utility Board (MUB) has the right to require additional erosion control measures in the field as conditions warrant.

(Ord. No. 17-28, 7-5-2017)

Submit three complete full-scale sets of the final, revised plans showing conditions required by the Board of Zoning Appeals and/or the Planning Commission.

(Ord. No. 17-28, 7-5-2017)

(a)

The Planning Director may reject any submittal for the following reasons:

(1)

Incomplete application;

(2)

The drawing set or supporting documents not complete; or

(3)

Poor legibility.

(b)

After the review of an approved submittal, the Planning Director shall render a decision in writing, which decision shall consist of either:

(1)

Approval of the site plan based upon the determination that the proposed plan complies with the general, design and performance standards set forth in this article;

(2)

Disapproval of the site plan based upon the determination that the proposed project does not meet the general, design and performance standards set forth in this article;

(3)

Approval of the site plan subject to any conditions, modifications and restrictions as required by the Planning Director which will ensure that the project meets the general, design and performance standards set forth in this article.

(Ord. No. 17-28, 7-5-2017)

(a)

If the installation of the elements on the site plan materially deviate from the approved site plan (as determined by the Planning Director or City Engineer), the site plan shall be resubmitted to the Commission or Board for a new site plan approval in accordance with the procedures and requirements for site plan approval. For purposes of this section, material deviation is one that:

(1)

Adds, removes, or reconfigures an internal street or relocates an access point;

(2)

Affects a condition of site plan approval that was established by the Commission or Board during the site plan approval stage;

(3)

Reduces the area devoted to open spaces or buffer landscaping;

(4)

Involves the enlargement of a nonresidential building footprint on the site due to future additions that are more than ten percent of the gross floor area or 5,000 square feet, whichever is less.

(b)

Minor changes that do not constitute material deviation shall be reviewed and approved by the City Planning and Engineering staff.

(Ord. No. 17-28, 7-5-2017)

Where applicable, the developer or owner shall cause record drawings to be prepared and submitted to the Planning Director for all streets, drainage ditches and facilities, utility pipes and structures, and finished grade elevations for the project. Said record drawings shall be filed with the Planning Director prior to the release of any performance assurances. Record drawings, including the approved final plat shall be submitted in electronic format and in paper format, in a manner prescribed by the City Engineer.

(a)

General requirements. Plans are to contain a certification statement that the improvements have been installed in reasonable compliance with the original design plans with respect to horizontal locations and grades and any deviations of locations, grade or material used are shown in these record drawings. Said certification is to be sealed and signed.

(b)

Specific requirements.

(1)

Grading or development plan(s) grades:

a.

Major drainage swales and percents of slope;

b.

Pad grades;

c.

Street grades;

1.

Centerline and curb if street is bituminous pavement with concrete curb. Centerline only if streets are concrete and placed with electronic control (maximum 50-foot spacing).

2.

All sag and crest points.

d.

Paved swales, if any, at 50-foot intervals;

e.

Lake or pond if applicable;

f.

Locations of sidewalk ramps.

(2)

Plan and profiles.

a.

Sanitary sewers:

1.

Invert elevations and percents of slope;

2.

Top of casting elevations;

3.

Lateral locations based on distances along main from manholes;

4.

Locations of each manhole or structure (to make sure they are sufficiently within designated easements to permit future excavation to system if needed;

5.

Designate any material change from design plans; where plans show any alternatives, indicate alternative actually used.

b.

Storm sewers:

1.

Invert elevations and percents of slope;

2.

Top of casting elevations;

3.

Location of pipe and structures (to make sure they are within designated easements);

4.

Designate any material change from design plans; where plans show any alternatives, indicate alternate actually used.

c.

Streets:

1.

Grades;

2.

All low and high points;

3.

All percents of slope;

4.

Any deviation of alignment;

5.

Grades and dimensions on acceleration and deceleration lanes if applicable.

(Ord. No. 17-28, 7-5-2017)

(a)

In the case where a Type I, Type II, or Type III site plan approval has not been used within two years after the granting thereof, then without further action it shall be null and void. This may be extended for up to two years from the date of the original expiration upon prior written request to and at the discretion of the Planning Director, in the case of Type I and Type II site plans, or upon prior written request to and at the discretion of the Planning Commission, in the case of Type III site plans.

(b)

For the purposes of this section, the word "used" shall mean that the site plan approval has been activated as evidenced by the issuance and continuation of any related development permit and substantial construction started.

(c)

Request for extension must be submitted in writing stating the justification for the extension.

(Ord. No. 17-28, 7-5-2017)

A Planning Commission known as the Morgantown Planning Commission is hereby established under the provisions of the West Virginia Code Chapter 8A, Article 2 et seq., as amended. The membership of said Planning Commission, the qualifications thereof, and the powers, privileges, duties and responsibilities of said Planning Commission shall be as hereinafter set forth:

(a)

Membership. The following provisions govern the composition of the Morgantown Planning Commission:

(1)

The Morgantown Planning Commission shall consist of nine members, all of whom shall be residents of the City who shall be qualified by knowledge and experience in matters pertaining to the development of the City, and shall fairly represent different areas of interest, knowledge and expertise, including, but not limited to, business, industry, labor, government and other relevant disciplines. Three-fifths of all the members shall have been residents of the City for at least three years prior to nomination and confirmation or appointment. There shall be at least one member from each ward. No more than two members shall be residents of the same ward.

(2)

All members shall be nominated by the City Manager and confirmed by Council. Vacancies shall be filled by appointment in the same manner for the unexpired term.

(3)

One member must be a member of City Council or a designee and one member must be a member of the administrative department of the City or a designee. The term of membership for these two members is the same as their term of office. The term of a designee of the governing body shall end at the conclusion of a term of City Council. The term of a designee of the administrative department shall end at the conclusion of the City Manager's employment as City Manager. The remaining members of the Commission shall be appointed to terms of three years and serve until their successors are appointed and qualify. Members shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.

(4)

The Commission established prior to the effective date of this section and the members of the Commission in office prior to the effective date of this section shall be continued in existence and in office and shall continue to operate thereafter as though established under the terms of this section.

(b)

Removal. The City Council may remove a member of the Planning Commission for inactivity, neglect of duty or malfeasance. Removal proceedings for inactivity may only be commenced following a member's failure to attend three consecutive meetings. Removal proceedings may only be instituted by a majority vote of Council to provide a member with a written statement of the reasons for removal. Any member presented with a notice of removal shall have an opportunity to be heard on the matter before Council. The opportunity for a hearing must be exercised by delivering a written demand for such hearing to Council within five days of receiving the notice of removal. No removal shall be effective until the hearing before Council has been held or waived by failure to deliver a demand for hearing. Any member who waives a hearing shall be removed from office effective the day after his or her failure to deliver a demand for hearing as prescribed in this paragraph. Any member who demands a hearing may only be removed by a majority vote of Council at such hearing or subsequent to the hearing.

(c)

Conduct of business. The Commission shall fix times for holding regular meetings and shall meet at least quarterly. Special meetings may be called by the President or upon the written request of any two members. At least two days' notice of any special meeting shall be provided unless the same is waived by the full membership of the Commission. Notice of all meetings shall be provided in accordance with the West Virginia Open Governmental Proceedings Act, as amended. A majority of members shall constitute a quorum for the transaction of business and no action of the Commission shall be official unless authorized by a majority of the membership present at a regular or properly called special meeting.

(d)

Officers. At the first regular meeting in each year, the Commission shall elect from its membership a President and Vice President and may appoint a secretary from within or without its membership. The vice president shall have the power and authority to act as president of the Planning Commission during the absence or disability of the president.

(e)

The City Council shall provide the Planning Commission with:

(1)

Suitable offices for the holding of meetings and the preservation of plans, maps, documents, and accounts; and

(2)

Appropriate money to defray the reasonable expenses of the Planning Commission.

(f)

The Commission is authorized to accept gifts, funds and donations which will be deposited with the City in a special nonreverting Planning Commission fund to be available for expenditures by the Planning Commission for the purpose designated by the donor.

(Ord. No. 16-23, 6-7-2016)

The Morgantown Planning Commission has the following powers and duties:

(a)

Exercise general supervision for the administration of the affairs of the Commission;

(b)

Prescribe uniform rules and regulations pertaining to administration, investigations and hearings, provided that the rules and regulations are adopted by City Council;

(c)

Supervise the fiscal affairs and responsibilities of the Commission;

(d)

With consent of Council, hire employees necessary to carry out the duties and responsibilities of the Planning Commission, provided that City Council sets the salaries;

(e)

Keep an accurate and complete record of all Planning Commission proceedings;

(f)

Record and file all bonds and contracts;

(g)

Take responsibility for the custody and preservation of all papers and documents of the Commission.

(h)

Make recommendations to City Council concerning planning.

(i)

Make an annual report to City Council concerning the operation of the Planning Commission and the status of planning within the City;

(j)

Prepare, publish and distribute reports, ordinances and other material relating to the activities authorized under West Virginia Code Chapter 8A, Article 2;

(k)

Adopt a seal and certify all official acts;

(l)

Invoke any legal, equitable or special remedy for the enforcement of the provisions of West Virginia Code Chapter 8A, Articles 1 through 12 or any ordinance, rule or regulation or any action taken thereunder;

(m)

Prepare and submit an annual budget in the same manner as other departments of the City government and shall be limited in all expenditures to the provisions made therefore by City Council;

(n)

If necessary, establish advisory committees;

(o)

Delegate limited powers to a committee composed of one or more members of the Planning Commission; and

(p)

Contract for special or temporary services and professional counsel with the approval of City Council.

(Ord. No. 16-23, 6-7-2016)

(a)

The Board of Zoning Appeals is hereby established and shall consist of five members to be appointed by City Council, all of whom shall be residents of the City and each of such members shall have been a resident of the City for at least three years prior to the time of his or her appointment.

(b)

No member of the Board of Zoning Appeals shall be a member of the Planning Commission nor shall any member hold any other elective or appointive office in the municipal government of the City of Morgantown.

(c)

The members of the Board shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their official duties. If a vacancy occurs by resignation or otherwise among the members of the Board of Zoning Appeals, City Council shall appoint a member for the unexpired term.

(d)

City Council may appoint up to three additional members to serve as alternate members of the Board who shall meet the same eligibility requirements as regular Board members. The term for an alternate Board member shall be three years and Council may appoint alternate members on a staggered term schedule.

(e)

An alternate Board member shall serve on the Board when one of the regular members is unable to serve. The alternate Board member shall serve until a final determination is made in the matter to which the alternate member was initially called on to serve.

(f)

The Board of Zoning Appeals shall establish rules and procedures for designating an alternate member who shall have the same powers and duties as a regular Board member.

(g)

City Council shall provide the Board of Zoning Appeals with suitable offices for the holding of meetings and the preservation of plans, maps, documents and accounts; and appropriate money to defray the reasonable expenses of the Board.

(Ord. No. 16-43, 9-6-2016)

The Board shall have the following powers:

(a)

Hear, review and determine appeals from any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of the zoning ordinance or rules and regulations adopted pursuant thereto;

(b)

Authorize exceptions to the district rules and regulations only in the classes of cases or in particular situations, as specified in this ordinance;

(c)

Hear and decide conditional uses upon which the Board is required to act under the zoning ordinance;

(d)

Authorize, upon appeal in specific cases, a variance from the terms of the zoning ordinance;

(e)

Reverse, affirm or modify the order, requirement, decision or determination appealed from and have all the powers and authority of the official or board charged with enforcement of the zoning ordinance from which the appeal was taken;

(f)

Adopt rules and regulations concerning:

(1)

The filing of appeals, including the process and forms for the appeal;

(2)

Applications for variances and conditional uses;

(3)

The giving of notice;

(4)

The conduct of hearings necessary to carry out the Board's duties as authorized by State law;

(g)

Keep minutes of its proceedings;

(h)

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, accessible within twenty-four hours of demand, for three years;

(i)

Record the vote on all actions taken;

(j)

Take responsibility for the custody and preservation of all papers and documents of the Board, which shall be filed in the Planning Office and made public record;

(k)

With consent from City Council, hire employees necessary to carry out the duties and responsibilities of the Board, provided that Council sets the salaries; and

(l)

Supervise the fiscal affairs and responsibilities of the Board.

(Ord. No. 16-43, 9-6-2016)

(a)

No variance in the application of the provisions of this ordinance shall be made by the Board relating to buildings, land or premises now existing or to be constructed, unless after a public hearing, the Board shall find 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.

(b)

In the case where a variance is denied by the Board, said application shall not be eligible for re-submittal for one year from the date of said denial. A new application must be, in the opinion of the Board of Zoning Appeals, substantially different from the application denied, or conditions must have substantially changed for the new proposal to be eligible for consideration within one year from said date of denial.

(a)

No conditional use application under the terms of this Ordinance shall be made by the Board unless after a public hearing the Board shall find that the conditional use is within the fitting character of the surrounding area and is consistent with the spirit, purpose, and intent of the zoning ordinance, because:

(1)

Congestion in the streets is not increased;

(2)

Safety from fire, panic, and other danger is not jeopardized;

(3)

Provision of adequate light and air is not disturbed;

(4)

Overcrowding of land does not occur;

(5)

Undue congestion of population is not created;

(6)

Granting this request will not create inadequate provision of transportation, water, sewerage, schools, parks, or other public requirements;

(7)

Value of buildings will be conserved; and

(8)

The most appropriate use of land is encouraged.

(b)

Each applicant must give their own response to these statements as a basis for the Board's evaluation of the request.

Every decision or order of the Board of Zoning Appeals is subject to review by certiorari. Within 30 days after the decision or order, any aggrieved person may present to the Monongalia County Circuit Court a duly verified petition for a writ of certiorari setting forth:

(1)

That the decision or order of the Board of Zoning Appeals is illegal in whole or in part; and

(2)

Specify the grounds of the alleged illegality.

(Ord. No. 16-43, 9-6-2016)

Any permit or approval issued or granted under this ordinance may be revoked by the City Manager, in accordance with the provisions of this chapter, if the City Manager finds that the recipient of the permit or approval ("recipient") fails to use, develop or maintain the subject property in accordance with the plans submitted, the requirements and standards of this ordinance, any additional requirements or conditions imposed by the City, Board, Commission or Planning Director, or any commitments or self-imposed conditions made by the recipient.

(a)

No person may continue to improve or make use of the subject property after a permit or approval issued pursuant to this ordinance has been revoked.

(b)

The City may not issue any additional permits, certificates or approvals directly affecting or relative to the subject property until the basis for the revocation has been removed by the applicant or the matter otherwise resolved by the City and recipient.

(a)

If the City Manager finds that sufficient grounds exist for the revocation of a permit or approval issued pursuant to this ordinance, the City Manager or his designee shall send the recipient ten days written notice of intent to revoke, shall inform the recipient of the specific basis found to justify revocation, and shall specify the actions necessary to avoid revocation.

(b)

The City Manager shall, upon request, review the basis of the intended revocation with the recipient.

(c)

The recipient shall implement the actions specified by the City Manager within ten days of the date of notice or within such other reasonable time as may be determined by the City Manager.

(d)

If the City Manager revokes a permit or approval issued pursuant to this ordinance, the Planning Director shall send the recipient a written notice of revocation which specifies the specific basis of the revocation and which informs the recipient of his right to appeal the City Manager's action.

The revocation of any permit or approval issued pursuant to the zoning ordinance may be appealed to the Board of Zoning Appeals under the processes set forth for administrative appeals in Article 1383.

(Ord. No. 16-43, 9-6-2016)

(a)

The Planning Commission, the Zoning Board of Appeals, the City Manager, or any designated enforcement official may institute a suit for injunction in the Circuit Court of Monongalia County to restrain any individual or a governmental unit from violating the provisions of this ordinance.

(b)

The Planning Commission, the Board of Zoning Appeals, the City Manager, or any designated enforcement official may also institute a suit for mandatory injunction directing any individual, a corporation or a governmental unit to remove a structure erected in violation of the provisions of this ordinance.

(c)

If the Planning Commission, the Zoning Board of Appeals, the City Manager, or any designated official is successful in any such suit, the respondent shall bear the costs of the action.

(d)

Any building erected, raised or converted, or land or premises used in violation of any provisions of this ordinance or the requirements thereof is hereby declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be abated under existing law.

(e)

Any person, firm or corporation violating any of the provisions of this ordinance shall for each violation, upon conviction thereof, pay a penalty of not less than $50.00 nor more than $500.00, with costs recoverable before the Judge of the Municipal Court; and upon default of payment of the penalty and costs the person or persons convicted may be committed to the City or county jail for not exceeding 30 days. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 15-04, 2-3-2015)