As described in Chapter 8A, Article 8-1 of the West Virginia State Code, the City of Huntington has established a Board of Zoning Appeals (BZA) because it has adopted a Zoning Ordinance. The City of Huntington Zoning Ordinance regulates how individuals, organizations and businesses can use land within the City limits. The BZA is required by State law to make quasi-judicial decisions regarding variances, special permits and appeals of administrative employees regarding the Zoning Ordinance. The BZA is made up of volunteers appointed by City Council, and supported by the Development and Planning Department.
Clyde Dolin, Chairperson
Howard Anderson, Vice Chairperson
The Board of Zoning Appeals regular meeting is at 5:30 on the 3rd Tuesday of the month at City Hall Council Chambers.
For any further questions, please contact: Planning and Zoning at 304.696.5540 ext. 2090, email@example.com
The City of Huntington Zoning Ordinance, when administered to its fullest extent, sometimes creates a hardship on a property due to unforeseen circumstances. In those circumstances, there is a need to deviate from the minimum standards required by the zoning ordinance. Below is Section 8A-7-11 of the West Virginia State Code that explains what a variance is:
(a) A variance is a deviation from the minimum standards of the zoning ordinance and shall not involve permitting land uses that are otherwise prohibited in the zoning district nor shall it involve changing the zoning classification of a parcel of land.
(b) The Board of Zoning Appeals shall grant a variance to the zoning ordinance if it finds that the variance:
The City of Huntington Zoning Ordinance established a series of distinct zoning districts to regulate how individuals, organizations and businesses use land within the City limits. Each zoning district has a specific intent and allows for various uses. Those uses are either allowed by right or by Special Permit. A use that is allowed by right requires only a building permit or certificate of use and occupancy to use the land in that specific manner.
Special Permits are uses that, depending on the circumstances, sometimes fit within the intent of the zoning district and sometimes do not, and therefore require further review by the Board of Zoning Appeals. Because Special Permits are uses that require further review, the BZA is allowed to stipulate conditions of an approval in order to enable the use of the land, but also protect the health, safety and welfare of surrounding property owners and residents.
According to Section 1359.01 of the City of Huntington Zoning Ordinance, in making its decision, the Board of Zoning Appeals shall consider the following:
Special Permit Application
When administrative staff makes a decision regarding the interpretation of the Zoning Ordinance, those affected parties may appeal the decision to the Board of Zoning Appeals. Section 8A-8-10 of the West Virginia State Code states that:
(a) An appeal from any 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 to a zoning ordinance, shall be filed with the Board of Zoning Appeals.
(b) The appeal shall:
(c) Upon request of the Board of Zoning Appeals, the administrative official or board shall transmit all documents, plans and papers constituting the record of the action from which the appeal was taken.