reglab/housing_qa huggingface dataset:
WV Code § 8A-8-4 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-4. County Board of Zoning Appeals

(a) A county board of zoning appeals shall have five members to be appointed by the governing body of the county.(b) The members of a county board of zoning appeals must be:(1) Residents of the county for at least three years preceding his or her appointment;(2) Cannot be a member of the county planning commission; and(3) Cannot hold any other elective or appointive office in the county government.(c) Where only a portion of the county is zoned, the members of the board of zoning appeals for that part of the county that is zoned, must be:(1) Residents of that part of the county that is zoned for at least three years preceding his or her appointment;(2) Cannot be a member of the county planning commission; and(3) Cannot hold any other elective or appointive office in the county government.(d) Upon the creation of a board of zoning appeals, the members shall be appointed for the following terms: One for a term of one year; two for a term of two years; and two for a term of three years. The terms shall expire on January 1, of the first, second and third year, respectively, following their appointment. Thereafter, members shall serve three-year terms. If a vacancy occurs, the governing body of the county shall appoint a member for the unexpired term.(e) The governing body of the county may appoint up to three additional members to serve as alternate members of the county board of zoning appeals. The alternate members must meet the same eligibility requirements as set out in subsection (b) or subsection (c) of this section, as applicable. The term for an alternate member is three years. The governing body of the county may appoint alternate members on a staggered term schedule.(f) An alternate member shall serve on the board when one of the regular members is unable to serve. The alternate member shall serve until a final determination is made in the matter to which the alternate member was initially called on to serve.(g) The county board of zoning appeals shall establish rules and procedures for designating an alternate member. An alternate member shall have the same powers and duties of a regular board member.(h) The members and alternate members of a county board of zoning appeals shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
WV Code § 8A-8-5 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-5. Board of Zoning Appeals Meetings

(a) A board of zoning appeals shall meet quarterly and may meet more frequently at the written request of the chairperson or by two or more members.(b) Notice for a special meeting must be in writing, include the date, time and place of the special meeting, and be sent to all members at least two days before the special meeting.(c) Written notice of a special meeting is not required if the date, time and place of the special meeting were set in a regular meeting.
WV Code § 8A-8-6 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-6. Quorum

A board of zoning appeals must have quorum to conduct a meeting. A majority of the members of a board of zoning appeals is a quorum. No action of a board is official unless authorized by a majority of the members present at a regular or properly called special meeting.
WV Code § 8A-8-7 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-7. Officers

At its first regular meeting each year, a board of zoning appeals shall elect a chairperson and vice chairperson from its membership. The vice chairperson shall have the power and authority to act as chairperson during the absence or disability of the chairperson.
WV Code § 8A-8-8 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-8. Governing Body's Duties

The county commission in the case of a county board of zoning appeals, and the governing body of the municipality in the case of a municipal board of zoning appeals, shall provide the board of zoning appeals with:(1) Suitable offices for the holding of meetings and the preservation of plans, maps, documents and accounts; and(2) Appropriate money to defray the reasonable expenses of the board.
WV Code § 8A-8-9 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-9. Powers and Duties of Board of Zoning Appeals

A board of zoning appeals has the following powers and duties:(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.
WV Code § 8A-8-10 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-10. Appeal to Board of Zoning Appeals

§8A-8-10. Appeal to board of zoning appeals.(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:(1) Specify the grounds of the appeal;(2) Be filed within thirty days of the original order, requirement, decision or determination made by an administrative official or board charged with the enforcement of a zoning ordinance; and(3) Be on a form prescribed by the board.(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.
WV Code § 8A-8-11 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-11. Notice and Hearing of Appeal

(a) Within ten days of receipt of the appeal by the board of Zoning Appeals, the board shall set a time for the hearing of the appeal and give notice. The hearing on the appeal must be held within forty-five days of receipt of the appeal by the board.(b) At least fifteen days prior to the date set for the hearing on the appeal, the board of Zoning Appeals shall publish a notice of the date, time and place of the hearing on the appeal as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and written notice shall be given to the interested parties. The publication area shall be the area covered in the appeal.(c) The Board of Zoning Appeals may require the party taking the appeal to pay for the cost of public notice and written notice to interested parties.(d) At the hearing, any party may appear in person, by agent or by an attorney licensed to practice in this state.(e) Every decision by the board must be in writing and state findings of fact and conclusions of law on which the board based its decision. If the board fails to provide findings of fact and conclusions of law adequate for decision by the circuit court and as a result of the failure, the circuit court returns an appealed matter to the board and dismisses jurisdiction over an applicant's appeal without deciding the matter, whether the court returns the matter with or without restrictions, the board shall pay any additional costs for court filing fees, service of process and reasonable attorneys' fees required to permit the person appealing the board's decision to return the matter to the circuit court for completion of the appeal.(f) The written decision by the board shall be rendered within thirty days after the hearing. If the board fails to render a written decision within thirty days after the hearing, then any party may pursue additional legal remedies to obtain a decision, including, but not limited to, seeking a writ of mandamus.
WV Code § 8A-8-12 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-12. Stays; Exception

(a) When an appeal has been filed with the board of Zoning Appeals, all proceedings and work on the premises in question shall be stayed, except as provided in subsection (b) of this section.(b) A stay may not be had:(1) If the official or board from where the appeal was taken certifies in writing to the board of Zoning Appeals that a stay would cause imminent peril to life or property;(2) Upon further administrative proceedings, including, but not limited to, submissions to and reviews by the staff or any administrative body; or(3) Upon engineering or architectural work that does not disturb the real estate beyond what is necessary to complete engineering, survey work or other tests.(c) If the written certification is filed pursuant to subdivision (1), subsection (b) of this section, then proceedings or work on the premises shall not be stayed.(d) Nothing in this section prevents a party from obtaining a restraining order.
WV Code § 8A-9-1 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 9. Appeal Process|§8A-9-1. Petition for Writ of Certiorari

(a) Every decision or order of the planning commission, board of subdivision and land development appeals, or board of zoning appeals is subject to review by certiorari.(b) Within thirty days after a decision or order by the planning commission, board of subdivision and land development appeals, or board of zoning appeals, any aggrieved person may present to the circuit court of the county in which the affected premises are located, a duly verified petition for a writ of certiorari setting forth:(1) That the decision or order by the planning commission, board of subdivision and land development appeals, or board of zoning appeals is illegal in whole or in part; and(2) Specify the grounds of the alleged illegality.
WV Code § 8A-9-2 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 9. Appeal Process|§8A-9-2. Notice to Adverse Parties

(a) Upon filing a petition for a writ of certiorari with the clerk of the circuit court of the county in which the affected premises are located, the petitioner shall cause a notice to be issued and served by the sheriff of the county upon:(1) The adverse party, as shown by the record of the appeal in the office of the planning commission, board of subdivision and land development appeals, or board of zoning appeals; and(2) The chairperson or secretary of the planning commission, board of subdivision and land development appeals, or board of zoning appeals, as applicable.(b) The adverse party is any property owner appearing at the hearing before the planning commission, board of subdivision and land development appeals, or board of zoning appeals in opposition to the petitioner.(c) If the record shows a written document containing the names of more than three property owners opposing the request of the petitioner, then the petitioner is required to cause notice to be issued and served upon the three property owners whose names first appear upon the written document. Notice to the other parties named in the written document is not required.(d) The notice shall:(1) State that a petition for a writ of certiorari has been filed in the circuit court of the county asking for a review of the decision or order of the planning commission, board of subdivision and land development appeals, or board of zoning appeals;(2) Designate the affected premises; and(3) Specify the date of the decision or order that is the subject of the petition for a writ of certiorari.(e) Service of the notice by the sheriff on the chairperson or secretary of the planning commission, board of subdivision and land development appeals, or board of zoning appeals shall constitute notice to the commission or boards. Service of the notice by the sheriff to the governing body and to any official or board thereof charged with the enforcement of the subdivision and land development ordinance, subdivision or land development plan and plat, or zoning ordinance. No further summons or notice with reference to the filing of such petition shall be necessary.(f) As an alternative to the requirements for notice prescribed in the preceding subsections of this section, notice is sufficient upon a showing that the chairperson or secretary of the planning commission, board of subdivision and land development appeals, or board of zoning appeals and all adjacent landowners to the affected premises have received personal service of process of the notice containing information as required in subsection (d) of this section. As to all other interested parties, notice shall be sufficient if notice containing information as required in subsection (d) of this section, is published as a Class III-0 legal advertisement, in the county or counties wherein the affected premises are located.
WV Code § 8A-9-3 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 9. Appeal Process|§8A-9-3. Court Action on Petition

(a) Within twenty days after a petition for a writ of certiorari is presented, the planning commission, board of subdivision and land development appeals, or board of zoning appeals must show the circuit court, or a judge in vacation, of the county in which the affected premises are located, cause why a writ of certiorari should not be issued.(b) If the planning commission, board of subdivision and land development appeals, or board of zoning appeals fails to show the court or judge that a writ should not be issued, then the court or judge may allow a writ of certiorari directed to the planning commission, board of subdivision and land development appeals, or board of zoning appeals.(c) The writ shall prescribe the time in which a return shall be made to it. This time shall be not less than ten days from the date of issuance of the writ and may be extended by the court or judge.
WV Code § 8A-9-4 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 9. Appeal Process|§8A-9-4. Stay of Work on Allowance of Writ

(a) The allowance of the writ of certiorari shall not stay proceedings or work on the premises affected by the decision or order to be brought up for review.(b) The court or judge may, upon application and on notice to all parties to the decision or order and on due cause shown, grant such relief as the circumstances of the case may require, including an order staying the proceedings or work until final determination of the case by the court or judge.(c) The staying order may be issued by the court or judge without requiring the petitioner to enter into a written undertaking with the adverse party or parties affected thereby for the payment of damages by reason of such staying order.
WV Code § 8A-9-5 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 9. Appeal Process|§8A-9-5. Return to Writ

(a) The return to the writ of certiorari by the planning commission, board of subdivision and land development appeals, or board of zoning appeals must concisely set forth the pertinent facts and data and present material to show the grounds of the decision or order appealed. The return must be verified by the secretary of the planning commission, board of subdivision and land development appeals, or board of zoning appeals.(b) The planning commission, board of subdivision and land development appeals, or board of zoning appeals does not have to return the original papers acted upon by it. It shall be sufficient to return certified copies of all or such portion of the papers as may be called for by the writ.
WV Code § 8A-9-6 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 9. Appeal Process|§8A-9-6. Action by Circuit Court or Judge

(a) The court or judge may consider and determine the sufficiency of the allegations of illegality contained in the petition without further pleadings and may make a determination and render a judgment with reference to the legality of the decision or order of the planning commission, board of subdivision and land development appeals, or board of zoning appeals on the facts set out in the petition and return to the writ of certiorari.(b) If it appears to the court or judge that testimony is necessary for the proper disposition of the matter, the court or judge may take evidence to supplement the evidence and facts disclosed by the petition and return to the writ of certiorari, but no such review shall be by trial de novo.(c) In passing upon the legality of the decision or order of the planning commission, board of subdivision and land development appeals, or board of zoning appeals, the court or judge may reverse, affirm or modify, in whole or in part, the decision or order.
WV Code § 8A-9-7 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 9. Appeal Process|§8A-9-7. Appeal From Final Judgment of Circuit Court or Judge

An appeal may be taken to the West Virginia Supreme Court of Appeals from the final judgment of the court or judge reversing, affirming or modifying the decision or order of the planning commission, board of subdivision and land development appeals, or board of zoning appeals within the same time, in the same manner, and upon the same terms, conditions and limitations as appeals in other civil cases.
WV Code § 8A-10-1 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 10. Enforcement Provisions|§8A-10-1. Enforcement

The governing body of a municipality or county may:(1) Enforce penalties, set out in section two of this article, for failure to comply with the provisions of any ordinance or rule and regulation adopted pursuant to the provisions of this chapter; and(2) Declare that any buildings erected, raised or converted, or land or premises used in violation of any provision of any ordinance or rule and regulation adopted under the authority of this chapter shall be a common nuisance and the owner of the building, land or premises shall be liable for maintaining a common nuisance.
WV Code § 8A-10-2 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 10. Enforcement Provisions|§8A-10-2. Penalty

A person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not less than $50 nor more than $500.
WV Code § 8A-10-3 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 10. Enforcement Provisions|§8A-10-3. Injunction

(a) The planning commission, board of subdivision and land development appeals, the board of zoning appeals or any designated enforcement official may seek an injunction in the circuit court of the county where the affected property is located, to restrain a person or unit of government from violating the provisions of this chapter or of any ordinance or rule and regulation adopted pursuant hereto.(b) The planning commission, board of subdivision and land development appeals, the board of zoning appeals or any designated enforcement official may also seek a mandatory injunction in the circuit court where the affected property is located, directing a person or unit of government to remove a structure erected in violation of the provisions of this chapter or of any ordinance or rule and regulation adopted pursuant hereto.(c) If the planning commission, board of subdivision and land development appeals, the board of zoning appeals or the designated enforcement official is successful in any such suit, the respondent shall bear the costs of the action.
WV Code § 8A-10-4 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 10. Enforcement Provisions|§8A-10-4. Special Provisions

(a) The planning and zoning provisions of this chapter are supplemental to and do not abrogate the powers and authority extended to agencies, bureaus, departments, commissions, divisions and officials of the state government by other state statute and those powers and authority shall remain in full force and effect.(b) The powers of supervision and regulation by the divisions of the state government over municipal, county and other local governmental units and persons are also not abrogated and shall continue in full force and effect.
WV Code § 8A-10-5 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 10. Enforcement Provisions|§8A-10-5. General Repealer

All acts or parts of acts, including special legislative charters, inconsistent with the provisions of this chapter are hereby repealed to the extent of their inconsistency, except as provided in this chapter.
WV Code § 8A-11-1 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 11. Special Provisions|§8A-11-1. Standards for Factory-Built Homes

(a) Notwithstanding any existing provisions of law, municipal or county ordinance or state building code, the standards for factory-built homes, housing prototypes, subsystems, materials and components certified as acceptable by the federal Department of Housing and Urban Development are considered acceptable and are approved for use in housing construction in this state.(b) Appropriate building code compliance documentation attached to a factory-built home shall constitute prima facie evidence that the products or materials contained therein are acceptable.(c) A governing body of a municipality or a county, when enacting any ordinance or regulation for the purposes of regulating the subdivision, development and use of land, shall uniformly apply such design standards and associated review and permitting procedures for factory-built and other single-family constructed homes.(d) Factory-built homes, like other types of homes, shall be constructed and installed in conformity with the requirements of 44 C.F.R. §60.3(1976) and any applicable statute or rule relating to building in a flood zone.