Wheeling City Zoning Code

ARTICLE 1377

Administration and Enforcement

1377.01 PLANNING COMMISSION.

(a) PURPOSE. The City Council may create a Planning Commission in order to promote the orderly development of its governmental units and its environs. The Planning Commission shall serve in an advisory capacity to the City Council so that certain regulatory powers be created over developments affecting the public welfare and not now otherwise controlled. The Planning Commission shall have as its objective the improvement of the present health, safety, convenience and welfare of Wheeling citizens and to plan for the future development of the city to the end that highway systems be carefully planned; that new community centers grow only with adequate highway, utility, health, educational and recreational facilities; that the needs of agriculture, industry and business be recognized in future growth; that residential areas provide healthy surroundings for family life; and that the growth of the community promotes and is commensurate with the efficient and economical use of public funds.

(b) POWERS AND DUTIES.

(1) Prepare and adopt, from time to time, a Comprehensive Plan of the City of Wheeling.

(2) Administer Chapter Three, Zoning Ordinance. Specifically, review and approve site plan applications, and special use permit applications.

(3) Administer Chapter One, Subdivision Regulations. Specifically, review and approve proposed subdivision plats before each may be recorded by the City Clerk. The Planning Commission is responsible for those duties related to application approval, notice and hearing, and application fees relating to Subdivision Control, as outlined in West Virginia State Code, Article 24. Planning and Zoning. Part V. Subdivision Control. §8-24-28. through §8- 24-35.

(4) Exercise general supervision and make rules and regulations for the administration of the Commission’s affairs.

(5) Prescribe uniform rules and regulations pertaining to its investigations and hearings.

(6) Supervise the fiscal affairs and responsibilities of the Commission.

(7) Prescribe the qualifications, appoint, and determine the compensation of the Commission’s employees. Such compensation shall conform and comply with the salaries and compensation fixed by the City Council.

(8) Delegate authority to employees to perform administrative tasks except where the final action of the Commission is necessary.

(9) Keep an accurate and complete record of all departmental proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all Commission papers and documents.

(10) Make recommendations and an annual report to the City’s governing body regarding the operation of the Commission and the status of planning within its jurisdiction.

(11) Prepare, publish and distribute reports, ordinances and other material relating to the activities authorized under this article.

(12) Adopt a seal and certify all official acts.

(13) Invoke any legal, equitable or special remedy for enforcing the provisions of this article or any ordinance, rule and regulation, or action taken there under.

(14) Prepare and submit an annual budget. The Commission shall be limited in all expenditures to the provisions made by the City Council.

(15) Establish an advisory committee.

(16) Hold public hearings on applications before the Commission and delegate the power for the Commission to hold public hearings to a committee composed of two or more Commission members. If the hearing is held by a committee, a written record shall be made and preserved with the permanent records of the Commission. The committee shall have the authority only to conduct the hearing and report to the Commission.

(17) Except as limited in this article, the Planning Commission shall have all of the duties and powers as are granted to City Planning Commissions under the terms of West Virginia Code Article 8-24 as fully and as to the same extent as if the powers and duties were fully set out in this article.

(1) The Planning Commission shall consist of nine members.

(2) Members shall be residents of the city who are qualified by knowledge and experience in matters pertaining to the development of the city, and shall include representatives of business, industry, and labor.

(3) All members shall be nominated by the City Manager and confirmed by Council.

(4) Three-fifths of all members shall have been residents of the city for at least three years prior to nomination.

(5) One member of the Commission shall be a member of the City Council and one member shall be a member of the City’s administrative department, but shall not be the City Manager.

(6) Members of the Commission shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.

(7) An individual may at the same time serve as a member of the Planning Commission and as a member of a county planning commission.

(d) TERMS OF MEMBERS.

(1) The terms of the two members who are respectively a member of City Council and a member of the City’s administrative department shall be coextensive with the term of office to which they have been elected or appointed, unless the City Manager and Council at the first regular meeting of each fiscal year appoint others to serve as the representatives.

(2) The remaining members first appointed shall serve respectively for terms of one year, two years and three years, divided equally or as nearly equal as possible between these terms. Thereafter, members shall be appointed for terms of three years each.

(3) Vacancies shall be filled by appointment for the unexpired term only, in the same manner as original selections are made.

(4) Removal. The City Manager may remove a member of the Planning Commission, with the approval of Council, during his or her term of office but only upon stating in writing the reasons for removal and after allowing the member an opportunity to be heard by Council in his or her own defense.

(e) ADVISORY MEMBERS. All advisory members shall have the privileges of membership except the right to vote. A designated representative of the City Planning Commission can be an advisory member to the County Planning Commission, if such commission exists.

(f) MEETINGS.

(1) Regular meetings. The Commission shall fix the time for holding regular meetings, but it shall meet at least once in the months of January, April, July and October.

(2) Special meetings. Special meetings may be called by the chairperson or by at least two members upon written request to the secretary. The secretary shall send a written notice fixing the date to all the members at least two days in advance of the special meeting. Written notice is not required if the date, time and place of the special meeting have been fixed at a regular meeting.

(3) Quorum. In order to conduct a commission meeting, a quorum of the members must be present. A majority of the Commission members shall constitute a quorum. No action of the Commission shall be official unless authorized by a majority of the members present at a regular or properly called special meeting.

(g) OFFICES. The City Council shall provide the Commission with suitable offices for holding meetings and the storage of plans, maps, documents and accounts, and shall appropriate a sum sufficient to defray the reasonable expenses of the Commission.

(h) ELECTION OF OFFICERS; DUTIES OF CHAIRPERSON.

(1) The Commission shall elect a chairperson and vice-chairperson from its members at its first regular meeting each year. The vice-chairperson shall have the power and authority to act as chairperson of the Commission during the absence or disability of the chairperson.

(2) All meetings of the Planning Commission shall be held at the call of the chairperson and at such other times as such board may determine. Such chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. The chairperson, or acting chairperson, shall be eligible to vote on Planning Commission matters.

(i) SECRETARY AND EMPLOYEES, TEMPORARY SERVICES, AND LEGAL ASSISTANCE

(1) The City Manager may appoint such employees as are necessary for the discharge of the duties and responsibilities of the Commission. All compensation to employees of the Commission shall be in conformity to and in compliance with the salaries and compensation theretofore fixed by the City Council. All employees of the Commission shall be subject to the administrative powers of the City Manager as prescribed in Section 123.02 of the Administrative Code.

(2) The Commission, with approval of the City Manager, may make contracts for special or temporary services or any professional counsel. The City Solicitor, upon request, shall render legal assistance and service to the City Planning Commission.

(j) APPROPRIATIONS, EXPENDITURES, GIFTS, FEDERAL PLANNING, AND ASSISTANCE PROGRAMS.

(1) The City Council shall appropriate funds to enable the Planning Commission to carry out its duties.

(2) The Planning Commission shall have the power and authority to expend all sums appropriated to it for the purposes and activities authorized under this article and under regular City law.

(3) The City may accept gifts and donations for Planning Commission purposes. Any monies accepted shall be deposited with the City in a special non-reverting Planning Commission fund to be available for expenditures for the purpose designated by the donor. The City disbursing officer shall draw warrants against such a special non-reverting fund only when vouchers are signed by the president and secretary of the Planning Commission.

(4) The Planning Commission is empowered and authorized to spend funds made available for the purposes of this article, and to accept and use funds provided for the purposes of this article by the government of the United States and any other agency or group whose interests are in harmony with such purposes, in accordance with federal requirements and subject to conditions or limitations which the constitution or state law may provide. The Planning Commission is hereby expressly authorized to participate in the federal planning assistance programs as set forth in the “Federal Housing Act of 1954,” as amended, and any subsequent acts.

(k) COMPREHENSIVE PLAN. The Planning Commission shall make and recommend a comprehensive plan for the physical development of the territory within its jurisdiction for adoption by the City Council. The Planning Commission is responsible for those duties related to the development, publishing, notice, adoption, presentation, publication, and amendment of the Comprehensive Plan, as outlined in West Virginia State Code, Article 24. Planning and Zoning. Part IV. Comprehensive Plan. §8-24-16. through §8-24-26.

(l) COOPERATION BETWEEN PLANNING COMMISSIONS, GOVERNING AND ADMINISTRATIVE BODIES, AND OFFICIALS.

(1) The City Planning Commission may cooperate with the Planning Commissions or governing and administrative bodies and officials of other municipalities within a county and other counties to coordinate and integrate the planning and zoning of a municipality or county with the plans of a municipality and other counties.

(2) The Commission may appoint a committee or committees and may adopt rules and regulations thought proper to effect such cooperation. Such Planning Commissions, governing and administrative bodies, and officials of other municipalities and counties are hereby authorized to cooperate with such municipal or county Planning Commissions for the purposes of such coordination and integration.

(3) Similarly, such municipal or county Planning Commissions may cooperate with the division of environmental protection of West Virginia. The commissions can use the advice and information furnished by the division and by other appropriate state and federal officials, departments and agencies, and all state departments and agencies which have information, maps and data pertinent to the planning and zoning of such a municipality or county.

1377.02 BOARD OF ZONING APPEALS.

(a) AUTHORIZATION. The City Council shall create a Board of Zoning Appeals consisting of five members to be appointed by the Mayor with the consent of Council.

(b) POWERS AND DUTIES.

(1) Hearing Appeals. Hear and determine appeals from and review any order, requirement, decision or determination made by the zoning office or the Planning Commission in the enforcement of this Zoning Ordinance.

(2) Approve a variance requested by an applicant, where such variance from the terms of the ordinance will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

(3) Hear, review and determine whether or not to grant a “conditional use” permit, where such permit from the terms of the ordinance will not be contrary to public interest; and where because of special requirements or characteristics the proposed use may be permitted on a particular property only after review by the Board of Zoning Appeals (BZA) and upon issuance of a conditional use permit, and subject to the limitations and conditions specified in the Zoning Ordinance.

(Ord. 13708. Passed 11-18-08.)

(1) The members of the Board of Zoning Appeals shall be individuals who are residents of the City, and at least three of such members must have been residents of the City for at least ten years preceding the time of their appointment. No member of the Board of Zoning Appeals shall be a member of the Planning Commission nor shall any member hold any elective or appointive office in the City or Ohio County.

(2) Members of the board shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.

(3) If a vacancy occurs by resignation or otherwise from among the members of the Board of Zoning Appeals, the Mayor, with the consent of Council, shall appoint a member for the non-expired term.

(4) The Mayor may remove a member of the Board of Zoning Appeals, with the approval of Council, during his term of office but only upon stating in writing the reasons for removal and after allowing him an opportunity to be heard by Council in his own defense.

(d) TERMS OF MEMBERS. Upon the creation of the Board of Zoning Appeals, the members shall be appointed for the following terms: One for a term of one year; two for a term of two years; and two for a term of three years. The terms shall expire on the first day of January of the first, second and third year, respectively, following their appointment. Thereafter, as their terms expire, each new appointment shall be for a term of three years.

(e) PROCEDURES AND MEETINGS.

(1) Procedures and Regulations. The Board of Zoning Appeals shall adopt bylaws or rules governing the filing of appeals, applications for variances and exceptions, the giving of notice and the conduct of hearings as shall be necessary to carry out its duties. The board shall keep minutes of its proceedings, keep records of all official actions and shall record the vote on all actions taken. All minutes and records shall be filed in the office of the board and shall be public records.

(2) Quorum. A majority of the members of a Board of Zoning Appeals shall constitute a quorum. No action of a board shall be official, however, unless authorized by a majority of all of the board members.

(3) Officers. At its first meeting of each year, the Board of Zoning Appeals shall elect a chairperson and vice-chairperson from its membership. The vice-chairperson shall have the power and authority to act as chairperson during the absence or disability of the chairperson.

(4) Variance Procedure.

A. A variance from the terms of this Zoning Ordinance shall not be granted by the Board unless and until a written application for a variance is submitted demonstrating that:

1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same district.

2. Literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance.

3. The special conditions and circumstances do not result from the actions of the applicant.

B. No conforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts, shall be considered grounds for the issuance of a variance. After proper public notice, a public hearing shall be held on each application for a variance. Due notice shall additionally be given to owners of properties abutting the subject property and/or located within 200 feet of the subject property.

C. After hearing and before granting any variance, the Board shall make findings that the requirements of this section have been met by the applicant, that the reasons set forth in the application justify the granting of the variance, that the variance is the minimum variance that will make proper the reasonable use of land, building or structure. The granting of the variance will be in harmony with the general purposes and intent of this Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

D. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Ordinance.

E. Under no circumstances shall the Board grant a variance to permit a use not generally or by special use permitted in the district involved, or any use expressly or by implication prohibited by the terms of this Zoning Ordinance in such district.

(Ord. 12225. Passed 4-17-01.)

(5) Conditional Use Permit Procedure:

A. A conditional use permit shall be granted by the Board in accord with the considerations, limitations and conditions detailed in Article 1372 of the Zoning Ordinance.

B. The board of zoning appeals shall grant a Conditional Permit Use in accord with the zoning ordinance if it finds that the proposed use of the applicant:

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 the Conditional Permit Use 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 building; and

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

(Ord. 13708. Passed 11-18-08.)

(f) SECRETARY AND EMPLOYEES. The Board of Zoning Appeals may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and in compliance with the salaries and compensation theretofore fixed by the City Council.

(g) OFFICES. The governing body of the municipality in the case of a municipal Board of Zoning Appeals and the county court in the case of a county Board of Zoning Appeals shall provide the board with suitable offices for the holding of meetings and the preservation of plans, maps, documents and accounts, and shall provide by appropriation a sum sufficient to defray the reasonable expenses of the board.

(h) APPEALS TO THE BOARD; HEARINGS; NOTICE. Appeals to the Board of Zoning Appeals may be taken by any aggrieved person or by a requirement, decision or determination made by the City’s zoning office or Planning Commission. The zoning office from which the appeal is taken shall upon request of the Board transmit to it all documents, plans and papers constituting the record of the action from which an appeal was taken. The Board shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as notice to the interested parties, and decide the same within a reasonable time. The Board may require the party taking the appeal to assume the cost of public notice and notice to interested parties. At the hearing, any party may appear in person, by agent or by attorney.

(i) STAY OF WORK ON PREMISES. When an appeal from the decision of the zoning official has been taken and filed with the Board of Zoning Appeals, all proceedings and work on the premises concerning the decision shall be stayed unless the zoning official certifies to the Board that a stay would cause imminent peril to life or property by reason of facts stated in the certificate of the zoning official. In such case, proceedings on work shall not be stayed except by a restraining order that may be granted by the Circuit Court of Ohio County on application and notice to the zoning office and the owner or owners of the premises affected.

(j) DECISIONS OF BOARD OF ZONING APPEALS. In exercising the powers set forth in subsection (b), Powers and Duties above, the Board of Zoning Appeals may, so long as such action is in conformity with the terms of this Zoning Ordinance, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have powers of the zoning office from whom the appeal is taken.

(k) APPEAL FROM THE BOARD; PETITION FOR WRIT OF CERTIORARI. Every decision of the Board of Zoning Appeals shall be subject to review by certiorari. Any person, firm or corporation, aggrieved by any decision of the Board, may present to the Circuit Court of Ohio County a petition duly verified, setting forth that such a decision is illegal in whole or in part, and specifying the grounds of the illegality. All must be done in accordance and in the manner provided by West Virginia Code Article 24, Planning and Zoning, Part XVII Board of Zoning Appeals – Judicial Review.

(l) NOTICE TO ADVERSE PARTIES.

(1) Upon filing a petition for a writ of certiorari with the City Clerk, the petitioner shall cause a notice to be issued and served by the sheriff upon the adverse party or parties, if any, as shown by the record of the appeal in the office of the Board of Zoning Appeals and upon the chairman or secretary of the Board of Zoning Appeals. The adverse party or parties shall be any property owner whom or which the record of the Board of Zoning Appeals shows to have appeared at the hearing before the board in opposition to the petitioner. If the record shows a written remonstrance or other document opposing the request of petitioner containing the names of more than three property owners, the petitioner shall be required to cause notice to be issued and served upon the three property owners whose names first appear upon the remonstrance or document. Notice to the other parties named in the remonstrance or document shall not be required. The notice shall state that a petition for a writ of certiorari has been filed asking for a review of the decision or order of the Board of Zoning Appeals, shall designate the premises affected and shall specify the date of the decision or order. Service of the notice by the sheriff on the chairman or secretary of the Board of Zoning Appeals shall constitute notice to the board and to the City and to any official or board thereof charged with the enforcement of the zoning ordinance and no further summons or notice with reference to the filing of such petition shall be necessary.

(2) As an alternative to the requirements for notice prescribed in subsection (a) of this section, notice shall be sufficient upon a showing that the chairman or secretary of the Board of Zoning Appeals and all adjacent landowners to the subject property have received personal service of process of the notice containing information as required. As to all other interested parties, notice shall be sufficient if, by Class III-0 legal advertisement, a notice containing information as required is published in the City wherein the subject property is located.

(m) COURT OR JUDGE ACTION.

(1) Upon presentation of a petition for a writ of certiorari, the City of Wheeling Court in which the premises affected are located, or a judge thereof in vacation, shall direct the Board of Zoning Appeals to show cause within twenty days from the date of such citation why a writ of certiorari should not issue. If such board fails to show to the satisfaction of the court or judge that a writ should not issue, then the court or judge may allow a writ of certiorari directed to the Board of Zoning Appeals. The writ shall prescribe the time in which a return shall be made to it. This time shall not be less than ten days from the date of issuance of the writ and may be extended by the court or judge thereof.

(2) The court or judge may consider and determine the sufficiency of the allegations of illegality contained in the petition without further pleadings and may make a determination and render a judgment with reference to the legality of the decision or order of the Board of Zoning Appeals on the facts set out in the petition and return to the writ of certiorari. If it shall appear to the court or judge that testimony is necessary for the proper disposition of the matter, the court or judge may take evidence to supplement the evidence and facts disclosed by the petition and return to the writ of certiorari, but no such review shall be by trial de novo. In passing upon the legality of the decision or order of the Board of Zoning Appeals, the court or judge may reverse or affirm, in whole or in part, or may modify such a decision or order.

(n) STAY OF WORK ON ALLOWANCE OF WRIT. The allowance of the writ of certiorari shall not stay proceedings or work on the premises affected by the decision or order to be brought up for review. The court or judge may, however, upon application and on notice to all parties to the decision or order and on due cause shown, grant such relief as the circumstances of the case may require, including an order staying the proceedings or work until final determination of the case by the court or judge thereof. Such staying order may be issued by the court or judge without requiring the petitioner to enter into a written undertaking with the adverse party or parties affected thereby for the payment of damages.

(o) RETURN TO WRIT. The return to the writ of certiorari by the Board of Zoning Appeals must concisely set forth such facts and data as may be pertinent and present material to show the grounds of the decision or appealed order. The return must be verified by the secretary of the board. The board shall not be required to return the original papers. It shall be sufficient to return certified copies of all or a portion of the papers as may be called for by the writ.

(p) APPEAL FROM COURT OR JUDGE FINAL JUDGMENT. An appeal may be taken to the West Virginia supreme court of appeals from the final judgment of the court or judge reversing, affirming or modifying the decision or order of the Board of Zoning Appeals within the same time, in the same manner, and upon the same terms, conditions and limitations as appeals in other civil cases.

1377.03 ISSUANCE OF PERMITS.

(a) CERTIFICATE OF ZONING COMPLIANCE. No person shall use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance has been issued therefore by the zoning office, stating that the proposed use of the building or land conforms to the requirements of this Zoning Ordinance. No nonconforming structure or use shall be renewed, changed or extended until a certificate of zoning compliance has been issued by the zoning office. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this Zoning Ordinance. No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this Zoning Ordinance upon completion of the work. A temporary certificate of zoning compliance may be issued by the zoning office for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. The zoning office shall maintain a record of all certificates of zoning compliance, and copies shall be furnished at cost upon request. Failure to obtain a certificate of zoning compliance shall be a violation of this Zoning Ordinance and punishable under the provisions of this Zoning Ordinance.

(b) ZONING OFFICE. The Economic and Community Development Department shall function as the city’s zoning office. The zoning office shall administer and enforce this Zoning Ordinance. If the zoning office staff finds that any of the provisions of this Zoning Ordinance are being violated, the zoning office shall notify in writing the person responsible for each violation, indicating the nature of the violation and ordering the action necessary to correct it. The zoning office staff shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Zoning Ordinance to insure compliance with or to prevent violation of its provisions. No building permit shall be issued except in conformity with the provisions of this Zoning Ordinance.

(c) CONFORMITY OF STRUCTURE TO COMPREHENSIVE PLAN AND ORDINANCE. After a comprehensive plan and an ordinance containing provisions for subdivision control and the approval of plats and replats have been adopted and a certified copy of the ordinance has been filed with the court clerk, within the City’s corporate limits, a structure shall not be located and a zoning compliance certificate for a structure on platted or unplatted lands shall not be issued unless the structure and its location conform to the City’s comprehensive plan and ordinance. A structure shall not be located and a zoning compliance certificate shall not be issued for a structure on unincorporated lands within the jurisdiction of the City Planning Commission unless the structure and its location conform to the City’s comprehensive plan and ordinance.

(d) AUTHORITY TO ISSUE AND CONTROL. The ordinance may designate a City official or employee who shall have authority to issue and control zoning compliance certificates within the jurisdiction of the commission and in conformity with the comprehensive plan and ordinance.

1377.04 VIOLATIONS AND PENALTIES.

(a) INJUNCTION.

(1) The Planning Commission or Board of Zoning Appeals may 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 Zoning Ordinance. If the Planning Commission or Board is successful in its suit, the respondent shall bear the costs of the action.

(2) The Planning Commission, the Board of Zoning Appeals or the zoning office may institute a suit for injunction in the Circuit Court of Ohio County to restrain an individual or a governmental unit from violating the provisions of this Zoning Ordinance.

(b) VIOLATIONS. Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such a complaint, stating fully the causes and basis, shall be filed with the zoning office. He shall record properly such a complaint, and immediately investigate and take action as provided by this Zoning Ordinance.

(c) PENALTIES. Violation of any of the provisions of this Zoning Ordinance, or the failure to comply with any of its requirements, shall constitute a misdemeanor and may include such fines as applicable under State Law. Each day any violation of this Zoning Ordinance continues shall constitute a separate offense. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided.

1377.05 APPEALS.

(a) ROLE OF THE BOARD OF ZONING APPEALS AND THE PLANNING COMMISSION. It is the intent of this Zoning Ordinance that all questions of interpretation and enforcement shall be first presented to the zoning office, and that such questions shall be presented to the Planning Commission or the Board of Zoning Appeals only on appeal from the decision of the zoning office, and that recourse from the decisions of the Board shall be to the courts as provided by law, and particularly by West Virginia Code Article 24, Planning and Zoning.

(b) ROLE OF THE CITY COUNCIL. It is further the intent of this Zoning Ordinance that the duties of Council under this Zoning Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this Zoning Ordinance. Under this Zoning Ordinance Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Zoning Ordinance as provided by law, and establishing a schedule of fees and charges.

1377.06 AMENDMENTS TO THE ZONING ORDINANCE TEXT AND ZONING MAP.

(a) PURPOSE. Whenever the public necessity, convenience, or general welfare require, 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.

(b) ZONING ORDINANCE, MAP OR CLASSIFICATION.

(1) Proposed amendments to this Zoning 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.

(2) The City Council may, from time to time, amend, supplement, or change the rules and regulations and districts fixed by the Zoning Ordinance.

(1) An applicant proposing an amendment to the Zoning Ordinance or the Zoning Map shall submit the following to the Planning Commission: name, address and phone number of the applicant; proposed amendment to the Map or text including a survey of the property to be rezoned; the present use; the present zoning district; any proposed plan by the applicant for the property; the proposed zoning district and a vicinity map showing property lines and district lines; existing uses within 500 feet from the subject property; and any other item as the zoning office may require.

(2) Petitions. Petitions, duly signed, may be presented to the City Clerk requesting an amendment to zoning classification by: (1) the Planning Commission; or (2) the owners of fifty percent or more of the real property area to which the petition relates. Petitions from any other than the Planning Commission shall provide the information requested in sub-section C.(1) above.

(3) Public Hearing. When any request for a change in zoning classification, the zoning ordinance, or the zoning map is presented to or referred to the Planning Commission for consideration, the Commission shall hold a public hearing thereon. In addition, notice of such hearing shall be given by posting of such notice in the form of printed handbills, or their equivalent, in not less than three conspicuous places in the immediate area to be affected. Any expense incurred in giving notice of the public hearing shall be paid by the person or persons requesting such amendment.

(4) Final Action. 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 amendment [ordinance] as it deems proper. Whenever the City Council amends the Zoning Map, the City Clerk shall notify the Economic and Community Development Department that shall cause the amendment to be made to the official copy of the Zoning Map and to the book of the Zoning Map. The Department shall also provide copies of the amended map and the relevant amended map pages to the Building Inspector, Zoning Enforcement Officer, and all other City agencies and departments requiring a zoning map.

(5) Time Interval. After a Planning Commission report to Council on a proposed ordinance to amend the zoning classification of a particular area, and if Council does not adopt the proposed ordinance, the Planning Commission shall not be required to hold a hearing or act upon an identical request for amendment of zoning classification without a period of six months following final Council action on such proposed ordinance.

(d) COMPREHENSIVE PLAN. Amendments, supplements or changes of the rules and regulations of the zoning ordinance shall be considered as amendments to the Comprehensive Plan.

1377.07 NOTICE OF PUBLIC HEARING.

(a) Notice of a public hearing by the Planning Commission shall be made at least ten days, unless otherwise provided in these Zoning Regulations, prior to the date set for the hearing. The City Clerk shall be instructed to publish in a newspaper of general circulation in the City a notice of the date, time, place, and purpose of the hearing.

(b) Notice of a public hearing by the Board of Zoning Appeals shall be made at least ten days, unless otherwise provided in these Zoning Regulations, prior to the date set for the hearing. The City Clerk shall be instructed to publish in a newspaper of general circulation in the City a notice of the date, time, place, and purpose of the hearing.

(c) Due notice of a public hearing shall be mailed at the same time to owners of properties abutting the subject property and/or located within 200 feet of the subject property at least ten days prior to the public hearing date.

CODIFIED ORDINANCES OF WHEELING