Board of Zoning Appeals
Clarksburg Ordinance Creating Board: 1309.02 BOARD OF ZONING APPEALS
A Board of Zoning Appeals is established with membership and appointment provided in accordance with the authority conferred by West Virginia Code §8-24-51 (repealed) replaced with West Virginia Code §8A-8
Updated Authorization under West Virginia Code
§8A-8-2. Continuation of established boards of zoning appeals.
A board of zoning appeals established prior to the effective date of this chapter shall continue to operate as though established under the terms of this chapter. All actions lawfully taken under prior acts are hereby validated and continued in effect until amended or repealed by action taken under the authority of this chapter.
Powers and Duties
A board of zoning appeals has the following powers and duties:
- 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;
- Authorize exceptions to the district rules and regulations only in the classes of cases or in particular situations, as specified in the zoning ordinance;
- Hear and decide conditional uses of the zoning ordinance upon which the board is required to act under the zoning ordinance;
- Authorize, upon appeal in specific cases, a variance to the zoning ordinance;
- 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;
- Adopt rules and regulations concerning:
- The filing of appeals, including the process and forms for the appeal;
- Applications for variances and conditional uses;
- The giving of notice; and
- The conduct of hearings necessary to carry out the board's duties under the terms of this article;
- Keep minutes of its proceedings;
- 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;
- Record the vote on all actions taken;
- 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;
- 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
- Supervise the fiscal affairs and responsibilities of the board.
- The Board of Zoning Appeals (BZA) meets on an as-needed, on-call basis. Said meeting dates are held on Tuesdays at 4PM.
Agendas & Minutes
Agendas are available prior to the meetings. Minutes are available following approval.
Frank Robinette, Chairman(resigned July 2022)
- Benjamin Davisson, Vice Chairman
- Donald Hall
- Rev, James Harris
- Daniel Rogers
Matters which come before this Board are petitions for major/minor home occupations (business use for which the property is not zoned), and variances (to construct in some manor not currently permitted by current zoning). This Board has the authority to approve or deny said petitions.