Board of Zoning Appeals

Members  

Ron Sinclair, Chair
Robert Felton
Randall Geese
Dave Schaffer
Jason Smith
 

The City’s Board of Zoning Appeals meets the third Thursday of the month at 9:30 a.m. in City Council Chambers. The Board’s purpose is to 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 the Zoning Ordinance.

The Board approves variances by applicants 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.  The Board also reviews conditional use permit requests.

The Board of Zoning Appeals consists of five residents of the City who are appointed by the Mayor with the consent of Council. Three of the members must have been residents of the City for at least ten (10) years preceding the date of their appointment. No member of the Board shall be a member of the Planning Commission, nor shall any member hold any elective office in the City or Ohio County. Members of the Board serve without compensation.

The powers and duties of the Board are as follows:

Hearing Appeals 
Hear and determine appeals from and review any order, requirement, decision or determination made by the Zoning Officer in the enforcement of the City’s Zoning Ordinance.

Variance Granting & Procedures 
The Board has the authority to grant variances from the terms of the Zoning Ordinance in specific cases in which the variance will not be contrary to the public interest, the literal enforcement of the provisions of the Zoning Ordinance would result in unnecessary hardship, and the spirit of the Zoning Ordinance shall be observed and substantial justice done. A variance from the terms and conditions of the Zoning Ordinance will not be reviewed by the Board unless and until a written application for a variance is submitted.

Every decision of the Board of Zoning Appeals is subject to review by certiorari. Any person, firm or corporation, jointly or severally aggrieved by any decision of the Board, may present to the Circuit Court of Ohio County a petition duly verified, setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality, all in accordance and in the manner provided by West Virginia Code Article 8A-24.