Appeals Procedure

Application to Board of Zoning Appeals & Procedures

A person who has been denied a required permit or license to undertake proposed construction upon, or use of, property located within the city because of Zoning Code restrictions may appeal such determination by filing an application with the Board of Zoning Appeals seeking a variance from such restrictions. The procedure for filing and obtaining a hearing on such an application is as follows:

  1. A form of application for such an appeal may be obtained from the city Planning Department. The application, accompanied by a filing fee of $75, must be completed and filed with the Planning Department, together with the documents requested in the application form and any documentary evidence of the denial appealed. If the application involves a construction project, include also copies of construction documents. At the time of filing, the applicant will be informed of the date the application will be heard.
  2. Planning staff will notify the owners of all properties adjacent to the subject property by certified mail and place a sign describing the requested variance and the date and time of the hearing. The city will also notify the public of the filing and nature of the application and the time and place of hearing by publishing a notice thereof in Times-West Virginian not less than 15 days in advance of the hearing.
  3. Regular meeting of the board are held on the 1st Thursday of each month, at the Public Safety Building located at 500 Quincy Street, for the purpose of hearing applications. At hearing on an application, the applicant may present information and argument in support of the application and members of the public may speak in support of or in opposition to the application. Following discussion among the board members, they will then vote. The concurring vote of a majority (3) member of the board is required to approve an application.