(a)

Zoning administrator. A zoning administrator appointed by the city manager is authorized and directed to enforce and administer the provisions of this chapter. The zoning administrator may hold other offices or positions concurrently. Appeals from any order, decision, or requirement of the zoning administrator shall be made to the board of zoning appeals. In the absence of a zoning administrator, the city manager will assume all duties.

(b)

Zoning permits.

(1)

Permits required. No building shall be erected, moved, extended, enlarged, structurally altered, or changed in use; nor shall any land be excavated or filled for construction or changed in use until the zoning administrator has issued a zoning permit certifying that the proposed structure and/or use complies with this chapter. No building permit or certificate of occupancy shall be issued until a zoning permit has been issued.

(2)

Permit term. Zoning permits shall become invalid if the work, occupancy, or use authorized is not commenced within six months of permit issuance, or if work is suspended or abandoned for one year, or if use or occupancy is suspended for six months.

(c)

Powers of zoning administrator.

(1)

Questions of interpretation and enforcement. All questions of interpretation and enforcement shall be initially presented to and determined by the zoning administrator. Subsequent recourse shall be, in order, to the board of zoning appeals and the courts.

(2)

Special exception/special use permits. The board shall consider requests for such special use exceptions as may be conditionally permitted in various districts. It shall issue special use permits (granting the special exception) if findings are made or deny issuance of a special use permit if all required findings cannot be made, and may attach reasonable conditions to the granting of a special exception to insure the use's compatibility with other uses permitted in the district. If any conditions required or imposed as part of a special use permit are not maintained or carried out or cease to exist, the zoning administrator shall revoke the special use permit and the use shall become an ordinance violation.

(3)

If the board cannot make all of the required findings, no special exception shall be granted nor special use permit issued. If circumstances change sufficiently that the necessary findings might be met in the future, the board may rehear a similar application.

(d)

Special exception procedures.

(1)

A written application for a special exception shall be submitted to the board of zoning appeals and zoning administrator specifying the special exception sought. The administrative staff shall review the application and file a written report with the chairman before the board reviews the application.

(2)

Within ten days of receipt of the application by the board of zoning appeals, the board shall set a time for the hearing of appeal and give notice. The hearing on appeal must be held within 45 days of receipt of the appeal by the board. At least 15 days prior to the date set for the hearing of the appeal, the board 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 W. Va. Code, § 59-3-1 et seq. and written notice shall be given to the interested parties. The board may require the party filing the appeal to pay for the cost of public notice and written notice to the interested parties. The hearing shall be held and the applicant (appellant) shall present information and evidence relevant to the appeal. The zoning administrator shall present information relevant to such administrator's reasons for the administrative action being appealed. Any person may appeal in person or by agent or attorney licensed to practice in West Virginia.

(3)

Every decision by the board must be in writing and state findings of fact and conclusions of law on which the board based its decision. The written decision by the board 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. The board must make the following written findings in order to grant a special exception:

a.

The use will not materially endanger the public health or safety or constitute a public nuisance if located where proposed and developed according to the plans and information submitted and approved.

b.

The use will not substantially injure the value of adjoining property; or that the use is a public necessity.

c.

The location and character of the use, if developed according to the plans and information approved, will be in harmony with proximate land uses, and consistent with the purposes of the district.

d.

The use complies with any specific requirements set forth in the ordinance to obtain a special exception.

(4)

If the board makes the above required findings, a special exception shall be granted and a special use permit shall be issued to permit the requested use. The special exception and use permit shall be subject to any condition stipulated by this chapter or determined by the board to be necessary to insure that the use remains compatible with other uses permitted in the district and with adjoining properties. No special use permit shall grant variances from the requirements of this chapter.

(e)

Enforcement means. The zoning administrator shall enforce this chapter by withholding zoning permits, by seeking an injunction, mandamus, or other judicial action to prevent, correct, or abate unlawful construction, conversion, alteration, occupancy, or use, and by seeking warrants for prosecution of violators of this chapter.

(1)

Violation; remedies.

a.

Complaints. Any person alleging a violation of this chapter may file a written complaint with the zoning administrator. Upon receipt of a written complaint, the zoning administrator shall investigate the matter within ten days, and take appropriate action to abate any verified violation. A complete record shall be kept of all written complaints received and the actions taken pursuant thereto.

b.

Remedies. When any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the zoning administrator or any other appropriate city authority, or any other person who would be damaged may enforce penalties set out in W. Va. Code, § 8A-10-2 for failure to comply with the provisions of any ordinance or rule and regulation adopted pursuant to W. Va. Code, ch. 8A. The zoning administrator for any other appropriate city authority may also declare that any buildings erected, raised or converted, or land or premises used in violation of any provision of any ordinance or rule and regulation adopted under the authority of W. Va. Code, ch. 8A shall be a common nuisance and the owner of the building, land or premises shall be liable for maintaining a common nuisance.

(2)

Penalties. Any person who violates any provision of chapters 19 and 19A shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense by a fine not less than $50.00 nor more than $500.00. Each day the violation continues shall be considered a separate offense. Work carried on in violation of the cancellation of any permit issued under this chapter shall also be deemed a violation punishable in the same manner.

(f)

Variance procedures.

(1)

A variance is a deviation from the minimum standards of the zoning ordinance and shall not involve permitting land uses that are otherwise prohibited in the zoning district nor shall it involve changing the zoning classifications of a parcel of land.

(2)

A written application for a variance shall be submitted to the board of zoning appeals and zoning administrator specifying the special exception sought. The administrative staff shall review the application and file a written report with the chairman before the board reviews the application. Within ten days of receipt of the application by the board of zoning appeals, the board shall set a time for the hearing of appeal and give notice. The hearing on appeal must be held within 45 days of receipt of the appeal by the board. At least 15 days prior to the date set for the hearing of the appeal, the board 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 W. Va. Code, § 59-3-1 et seq. and written notice shall be given to the interested parties. The board may require the party filing the appeal to pay for the cost of public notice and written notice to the interested parties. The hearing shall be held and the applicant (appellant) shall present information and evidence relevant to the appeal. The zoning administrator shall present information relevant to such administrator's reasons for the administrative action being appealed. Any person may appeal in person or by agent or attorney licensed to practice in West Virginia.

(2)

The board of zoning appeals shall grant a variance to the zoning ordinance if it finds that the variance:

a.

Will not adversely affect the public health, safety or welfare, or rights of adjacent property owners or residents;

b.

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;

c.

Would eliminate an unnecessary hardship and permit a reasonable use of the land; and

d.

Will allow the intent of the zoning ordinance to be observed and substantial justice done.

(3)

Every decision by the board must be in writing and state findings of fact and conclusions of law on which the board based its decision. The written decision by the board shall he 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. If the board grants a variance, its actions will be accompanied by its reasons for making the required findings and by its certification that the variance is the minimum variance which will make possible the reasonable use of land, buildings, or structures.

(Ord. No. 233, § 1, 4-17-12)