West Virginia Code 8A-8-9 – Powers and duties of board of zoning appeals
A board of zoning appeals has the following powers and duties:
Terms Used In West Virginia Code 8A-8-9
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Governing body: means the body that governs a municipality or county. See West Virginia Code 8A-1-2
- Zoning: means the division of a municipality or county into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones. See West Virginia Code 8A-1-2
(1) Hear, review and determine appeals from an order, requirement, decision or determination made by an administrative official or board charged with the enforcement of a zoning ordinance or rule and regulation adopted pursuant thereto;
(2) Authorize exceptions to the district rules and regulations only in the classes of cases or in particular situations, as specified in the zoning ordinance;
(3) Hear and decide conditional uses of the zoning ordinance upon which the board is required to act under the zoning ordinance;
(4) Authorize, upon appeal in specific cases, a variance to the zoning ordinance;
(5) Reverse, affirm or modify the order, requirement, decision or determination appealed from and have all the powers and authority of the official or board from which the appeal was taken;
(6) Adopt rules and regulations concerning:
(A) The filing of appeals, including the process and forms for the appeal;
(B) Applications for variances and conditional uses;
(C) The giving of notice; and
(D) The conduct of hearings necessary to carry out the board's duties under the terms of this article;
(7) Keep minutes of its proceedings;
(8) 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, which audio record is accessible within twenty-four hours of demand, for three years;
(9) Record the vote on all actions taken;
(10) Take responsibility for the custody and preservation of all papers and documents of the board. All minutes and records shall be filed in the office of the board and shall be public records;
(11) With consent from the governing body, hire employees necessary to carry out the duties and responsibilities of the board: Provided, That the governing body sets the salaries; and
(12) Supervise the fiscal affairs and responsibilities of the board.