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Oak Hill City Zoning Code

15.06 Administration

And Enforcement


Cross References -
Amendment procedure - see W. Va. Code 8A-7-8 et seq.; Existing uses safeguarded - see W. Va. Code 8A-7-10; Enforcement - see W. Va. Code 8A-10-1; Injunction - see W. Va. Code 8A-10-3; Penalty - see W. Va. Code 8A-10-2

15.06.010 Improvement Location Permits

  1. Limitations. Within the jurisdiction of the City Planning Commission, a structure shall not be located and an improvement location permit for a structure on platted or unplatted lands shall not be issued unless the structure and its location conforms to this Zoning title.
  2. Issuance. In applying for an improvement location permit, the applicant shall submit a dimensioned sketch or plan to scale indicating the shape, size, height and location in exact relation to all property lines and to street or road lines of all buildings or structures to be erected, altered or moved, and of any building or structure already on the lot. This sketch shall be accompanied by a written statement from a professional engineer or other satisfactory evidence, to the effect that the line of the bounding street or road has been accurately located and staked on the ground. The applicant shall also state the existing or intended use of all such buildings and supply other information as may be required to insure that the provisions of this title are being observed. If the proposed excavations, or construction, or alterations or moving as set forth in the application is in conformity with the provisions of this title, and other ordinances of the City then in force, a permit for such excavation, construction, alteration or moving shall be issued.
  3. Refusal. If an improvement location permit is refused, such refusal shall be stated in writing, with the cause, and notice of such refusal shall be mailed immediately to the applicant at the address indicated on the application.
  4. Fees. Fees to be charged for the issuance of an improvement location permit shall be based on rates established by City Ordinance.
  5. Effect. The issuance of a permit shall in no case be construed waiving any provision of this title.
  6. Term. An improvement location permit shall become void six months from the date of issuance unless substantial progress has been made by that date on the project described therein provided, however, that the improvement location permit may be renewed for an additional six months upon application therefor without the payment of an additional fee.

(Ord. 7-5-77)

15.06.020 Zoning Enforcement Officer

City Manager shall appoint a Zoning Enforcement Officer, who shall have the authority to issue improvement location permits within the jurisdiction of the City Planning Commission and in conformance with this title.

It shall be the duty of the Zoning Enforcement Officer to keep a record of all applications for such permits and a record of all such permits issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted and the same shall form a part of the records of his office and shall be available for use of Council, the Planning Commission, Board of Zoning Appeals and other officials. The Zoning Enforcement Officer shall not issue each a permit for the construction of any structure unless such structure conforms to all other ordinances of the City.

(Ord. 7-5-77)

HISTORY
Amended by Min. Zoning Officer Amendment on 11/26/2025

15.06.030 Remedies

  1. Liability. Any buildings erected, raised or converted or land or premises used in violation of any provision of this Zoning title shall be a common nuisance and the owner of the building, land or premises shall be liable for maintaining a common nuisance.
  2. Injunction. The Planning Commission, the Board of Zoning Appeals or the Zoning Enforcement Officer may institute a suit for injunction in the Circuit Court to restrain an individual or a governmental unit from violating the provisions of this title. The Planning Commission or the Board of Zoning Appeals may also institute a suit for a mandatory injunction directing an individual or a governmental unit to remove a structure erected in violation of the provisions of this title. If the Planning Commission or the Board of Zoning Appeals is successful in its suit, the respondent shall bear the costs of the action.

(Ord. 7-5-77)

15.06.040 Amendments

Council may, from time to time, amend, supplement or change the regulations and districts fixed by this Zoning title in accordance with the procedure outlined in W. Va. Code 8A-7-8 et seq. No application for any change of zoning of the same parcel of real estate, or portion thereof, shall be considered by Council within a period of 365 days from its last consideration by Council. This provision, however, shall not impair the right of Council to propose a change of zoning on its own motion.

(Ord. 7-5-77; 12-2-80)

15.06.050 Penalty

Whoever violates any provision of this Zoning title shall be fined not less than ten dollars ($10.00) and not more than three hundred dollars ($300.00).

(Ord. 7-5-77)