reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 5. Subdivision or Land Development Plan and Plat › §8A-5-12. Vested Property Right

(a) A vested property right is a right to undertake and complete the land development. The right is established when the land development plan and plat is approved by the planning commission and is only applicable under the terms and conditions of the approved land development plan and plat.
(b) Failure to abide by the terms and conditions of the approved land development plan and plat will result in forfeiture of the right.
(c) Subject to section ten-a, article thirteen-e, chapter sixteen of this code, the vesting period for an approved land development plan and plat which creates the vested property right is five years from the approval of the land development plan and plat by the planning commission.
(d) Without limiting the time when rights might otherwise vest, a landowner's rights vest in a land use or development plan and cannot be affected by a subsequent amendment to a zoning ordinance or action by the planning commission when the landowner:
(1) Obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project;
(2) Relies in good faith on the significant affirmative governmental act; and
(3) Incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.
(e) A vested right is a property right, which cannot be taken without compensation. A court may award damages against the local government in favor of the landowner for monetary losses incurred by the landowner and court costs and attorneys' fees resulting from the local government's bad faith refusal to recognize that the landowner has obtained vested rights.
(f) Any subdivision or land development plan or plat, whether recorded or not yet recorded, valid under West Virginia law and outstanding as of January 1, 2010, shall remain valid until July 1, 2012, or such later date provided for by the terms of the planning commission or county commission's local ordinance or for a longer period as agreed to by the planning commission or county commission. Any other plan or permit associated with the subdivision or land development plan or plat shall also be extended for the same time period: Provided, That the land development plan or plat has received at least preliminary approval by the planning commission or county commission by March 1, 2010.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 6. Methods of Security › §8A-6-1. Bond Requirements

(a) If a bond is used as an acceptable method of security for infrastructure construction, then it shall meet the following requirements:
(1) Be in an amount to cover the infrastructure construction, as determined by the governing body;
(2) Be payable to the governing body;
(3) Have adequate surety and be satisfactory to the governing body;
(4) Specify the time for the completion of the infrastructure construction; and
(5) Specify the date and/or condition for when the bond will be released.
(b) The money from the bond shall only be used by the governing body to which the bond is payable, for the completion of the infrastructure construction, when the infrastructure construction is not completed as approved at the issuance of the bond.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 6. Methods of Security › §8A-6-2. Conditions as Part of Final Plat Approval

(a) A subdivision and land development ordinance may provide for the voluntary proffering by a landowner as a requirement of final plat approval for a development project.
(b) For purposes of this section, a "voluntary proffer" is a written offer by a landowner to a governing body whereby the landowner offers to satisfy certain reasonable conditions as a requirement of the final plat approval for a development project. A voluntary proffer made to a governing body shall be in lieu of payment of an impact fee as authorized by section four, article twenty, chapter seven of this code: Provided, That no proffer may be accepted by a governing body in lieu of an impact fee that would otherwise go to schools without the approval of the county board of education.
(c) For purposes of this section, a condition contained in a voluntary proffer is considered reasonable if:
(1) The development project results in the need for the conditions;
(2) The conditions have a reasonable relation to the development project; and
(3) All conditions are in conformity with the comprehensive plan adopted pursuant to this chapter.
(d) No proffer may be accepted by a governing body unless it has approved a list detailing any proposed capital improvements from all areas within the jurisdiction of the governing body to which the proffer is made, which list contains descriptions of any proposed capital improvements, cost estimates, projected time frames for constructing the improvements and proposed or anticipated funding sources: Provided, That the approval of the list does not limit the governing body from accepting proffers relating to items not contained on the list.
(e) For purposes of this section, "capital improvement" has the same definition as found in section three, article twenty, chapter seven of this code.
(f) If a voluntary proffer includes the dedication of real property or the payment of cash, the proffer shall provide for the alternate disposition of the property or cash payment in the event the property or cash payment is not to be used for the purpose for which it was proffered.
(g) Notwithstanding any provision of this code to the contrary, a municipality may transfer the portion of the proceeds of a voluntary proffer intended by the terms of the proffer to be used by the board of Education of a county in which the municipality is located upon the condition that the portion so transferred may only be used by the board for capital improvements.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 6. Methods of Security › §8A-6-3. Enforcement and Guarantees

(a) The planning commission is vested with all the necessary authority to administer and enforce conditions attached to the final plat approved for a development project, including, but not limited to, the authority to:
(1) Order, in writing, the remedy for any noncompliance with the conditions;
(2) Bring legal action to ensure compliance with the conditions, including injunction, abatement, or other appropriate action or proceeding; and
(3) Require a guarantee satisfactory to the planning commission in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the planning commission upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part.
(b) Failure to meet all conditions attached to the final plat approved for a development project shall constitute cause to deny the issuance of any of the required use, occupancy or improvement location permits, as may be appropriate.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 7. Zoning Ordinance › §8A-7-1. Authority for Zoning Ordinance

(a) The governing body of a municipality or a county may regulate land use within its jurisdiction by:
(1) Adopting a comprehensive plan;
(2) Working with the planning commission and the public to develop a zoning ordinance; and
(3) Enacting a zoning ordinance.
(b) A zoning ordinance may cover a county's entire jurisdiction or parts of its jurisdiction.
(c) A zoning ordinance shall cover a municipality's entire jurisdiction.
(d) A municipality may adopt, by reference, the zoning ordinance of the county in which it is located.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 7. Zoning Ordinance › §8A-7-3. Zoning -- Generally

(a) A zoning ordinance may cover a county's entire jurisdiction or parts of its jurisdiction.
(b) The different zones created in a zoning ordinance by a governing body do not have to cover or include the same territory, and may overlap.
(c) Overlay districts and special design districts may have specific additional development standards for each permitted, accessory and conditional use.
(d) Each zone will be subject to the same rules, regulations, standards and designations throughout the zone, unless specific provisions are made by the governing body in the zoning ordinance. (e) Essential utilities and equipment are a permitted use in any zoning district.
(f) Several areas of a municipality or county may be classified in a zone even though the areas are not contiguous.
(g) The boundaries of each zone and the designated classifications must be shown on a zoning district map. The boundaries may only be changed after appropriate public hearing and zoning district map changes are adopted by the governing body.
(h) A governing body shall certify the original zoning district map. Subsequent versions of the zoning district map shall be certified and clearly identified with an effective date.
(i) All certified zoning district maps must be filed with the clerk of the applicable governing body, the applicable planning commission and the office of the clerk of the applicable county commission.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 7. Zoning Ordinance › §8A-7-4. Study and Report on Zoning

(a) After adoption of a comprehensive plan and before enacting a zoning ordinance, a governing body with the applicable planning commission must study the land within its jurisdiction. The study may include:
(1) Evaluating the existing conditions, the character of the buildings, the most desirable use for the land and the conservation of property values in relation to the adopted comprehensive plan; and
(2) Holding public hearings and meetings with notice to receive public input.
(b) The planning commission must use the information from the study and the comprehensive plan and prepare a report on zoning. The report shall include the proposed zoning ordinance, with explanatory maps showing the recommended boundaries of each district, and the rules, regulations and restrictions for each district.
(c) No zoning ordinance may be enacted without a study and report.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 7. Zoning Ordinance › §8A-7-5. Enactment of Zoning Ordinance

(a) After the study and the report, and before the governing body enacts the proposed zoning ordinance, the governing body shall hold at least two public hearings and give public notice. At least one public hearing shall be held during the day and at least one public hearing shall be held during the evening.
(b) The public notice shall be published in a local newspaper of general circulation in the area affected by the proposed zoning ordinance, as a Class II legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code, at least fourteen consecutive days prior to the public hearing. The public notice must contain the following:
(1) The date, time and place of the public hearings;
(2) That it is a public hearing on a proposed zoning ordinance;
(3) A brief summary of the principal provisions of the proposed zoning ordinance;
(4) A reference to the place where copies of the proposed zoning ordinance may be examined; and
(5) That written objections to the proposed zoning ordinance may be made and will be heard at the public hearings and must be filed with the clerk of the applicable governing body.
(c) Copies of the proposed zoning ordinance must be made available to the public, at least two weeks prior to the public hearings, at the office of the governing body and all public libraries in the area to be zoned.
(d) After the public hearings, if the governing body makes substantial amendments to the proposed zoning ordinance prior to voting on the zoning ordinance, the governing body shall hold another public hearing, after public notice. The public notice shall be as provided in subsections (b) and (c) of this section, and must contain a brief summary of the amendments.
(e) After the public hearings and any amendments, the governing body may enact the zoning ordinance or it may hold an election to have the qualified voters residing in the affected area approve the zoning ordinance.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 7. Zoning Ordinance › §8A-7-7. Election on a Zoning Ordinance

(a) The governing body of a municipality or a county may submit a proposed zoning ordinance for approval or rejection at any primary election or general election, to the qualified voters residing:
(1) Within the entire jurisdiction of the governing body, if the proposed zoning ordinance is for the entire jurisdiction; or
(2) In the specific area to be zoned by the proposed zoning ordinance, if the proposed zoning ordinance only applies to part of the governing bodys jurisdiction.
(b) The election laws of this state apply to any election on a proposed zoning ordinance.
(c) If a petition for an election on a zoning ordinance is filed with the clerk of a governing body within 90 days after the enactment of a zoning ordinance by a governing body without an election, then a zoning ordinance does not take effect until an election is held and a majority of the voters approves it. At least 10 percent of the total eligible voters in the area to be affected by the proposed zoning ordinance must sign, in their own handwriting, the petition for an election on a zoning ordinance.
(d) Notice for an election on a proposed zoning ordinance must be published in a local newspaper of general circulation in the area affected by the proposed zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of 59-3-1 of this code.
(e) The ballots for an election on a zoning ordinance shall have the following:
/ / For Zoning
/ / Against Zoning
(f) The zoning ordinance is adopted if it is approved by a majority of the voters and is effective on the date the results of an election are declared. If a zoning ordinance is rejected, the zoning ordinance does not take effect. The governing body may submit the zoning ordinance to the voters again at the next primary or general election.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 7. Zoning Ordinance › §8A-7-8. Amendments to the Zoning Ordinance by the Governing Body

(a) Before amending the zoning ordinance, the governing body with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the governing body with the advice of the planning commission, must find that there have been major changes of an economic, physical or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.
(b) When a proposed amendment to the zoning ordinance involves a change in the zoning map classification of any parcel of land, or a change to the applicable zoning ordinance text regulations that changes the allowed dwelling unit density of any parcel of land, the governing body shall, at least thirty days prior to the enactment of the proposed amendment if there is not an election, or at least thirty days prior to an election on the proposed amendment to the zoning ordinance:
(1) Give written notice by certified mail to the landowner(s) whose property is directly involved in the proposed amendment to the zoning ordinance; and
(2) Publish notice of the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 7. Zoning Ordinance › §8A-7-9. Amendments to the Zoning Ordinance by Petition

(a) After the enactment of the zoning ordinance, the planning commission or the owners of fifty percent or more of the real property in the area to which the petition relates may petition to amend the zoning ordinance. The petition must be signed and be presented to the planning commission or the clerk of the governing body.
(b) Within sixty days after a petition to amend the zoning ordinance is received by the planning commission or the governing body, then the planning commission or the governing body must hold a public hearing after giving public notice. The public notice of the date, time and place of the public hearing must be published in a local newspaper of general circulation in the area affected by the proposed zoning ordinance, as a Class I legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code, at least fifteen days prior to the public hearing.
(c) If the petition to amend the zoning ordinance is from the owners of fifty percent or more of the real property in the area, then before amending the zoning ordinance, the governing body with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the governing body with the advice of the planning commission, must find that there have been major changes of an economic, physical or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 7. Zoning Ordinance › §8A-7-10. Effect of Enacted Zoning Ordinance

(a) After enactment of a zoning ordinance by a municipality or county, all subsequent land development shall be done in accordance with the provisions of the zoning ordinance.
(b) All zoning ordinances, and all amendments, supplements and changes thereto, legally adopted under any prior enabling acts, and all actions taken under the authority of any such ordinances, are hereby validated and continued in effect until amended or repealed by action of the governing body of the municipality or the county taken under authority of this article. These ordinances shall have the same effect as though previously adopted as a comprehensive plan of land use or parts thereof.
(c) Land, buildings or structures in use when a zoning ordinance is enacted may continue the same use and that use may not be prohibited by the zoning ordinance so long as the use of the land, buildings or structures is maintained, and no zoning ordinance may prohibit alterations or additions to or replacement of buildings or structures owned by any farm, industry or manufacturer, or the use of land presently owned by any farm, industry or manufacturer but not used for agricultural, industrial or manufacturing purposes, or the use or acquisition of additional land which may be required for the protection, continuing development or expansion of any agricultural, industrial or manufacturing operation of any present or future satellite agricultural, industrial or manufacturing use. A zoning ordinance may provide for the enlargement or extension of a nonconforming use, or the change from one nonconforming use to another.
(d) If a use of a property that does not conform to the zoning ordinance has ceased and the property has been vacant for one-year, abandonment will be presumed unless the owner of the property can show that the property has not been abandoned:
Provided
, That neither the absence of natural resources extraction or harvesting nor the absence of any particular agricultural, industrial or manufacturing process may be construed as abandonment of the use. If the property is shown to be abandoned, then any future use of the land, buildings or structures shall conform with the provisions of the zoning ordinance regulating the use where the land, buildings or structures are located, unless the property is a duly designated historic landmark, historic site or historic district.
(e) Nothing in this chapter authorizes an ordinance, rule or regulation preventing or limiting, outside of municipalities or urban areas, the complete use (i) of natural resources by the owner; or (ii) of a tract or contiguous tracts of land of any size for a farm or agricultural operation as defined in 19-19-2 by the owner. For purposes of this article, agritourism includes, but is not limited to, the definition set forth in 19-36-2.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 7. Zoning Ordinance › §8A-7-11. Variance

(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 classifications 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:
(1) Will not adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents;
(2) Arises from special conditions or attributes which pertain to the property for which a variance is sought and which were not created by the person seeking the variance;
(3) Would eliminate an unnecessary hardship and permit a reasonable use of the land; and
(4) Will allow the intent of the zoning ordinance to be observed and substantial justice done.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 7. Zoning Ordinance › §8A-7-12. Validation of Prior Zoning Ordinance

All zoning ordinances, all amendments, supplements and changes to the ordinance, legally adopted under prior acts, and all action taken under the authority of the ordinance, are hereby validated and the ordinance shall continue in effect until amended or repealed by action of the governing body taken under authority of this article.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 8. Board of Zoning Appeals › §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.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 8. Board of Zoning Appeals › §8A-8-3. Municipal Board of Zoning Appeals

(a) A municipal board of zoning appeals shall have five members to be appointed by the governing body of the municipality.
(b) The members of a municipal board of zoning appeals must be:
(1) Residents of the municipality for at least three years preceding his or her appointment;
(2) Cannot be a member of the municipal planning commission; and
(3) Cannot hold any other elective or appointive office in the municipal government.
(c) 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 municipality shall appoint a member for the unexpired term.
(d) The governing body of the municipality may appoint up to three additional members to serve as alternate members of the municipal board of zoning appeals. The alternate members must meet the same eligibility requirements as set out in subsection (b) of this section. The term for an alternate member is three years. The governing body of the municipality may appoint alternate members on a staggered term schedule.
(e) 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.
(f) The municipal 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.
(g) 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.
2023 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 that countys government:
Provided
, That a member of the county board of zoning appeals may also serve as a member of the county board of subdivision and land development appeals.
(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:
Provided
, That a member of the county board of zoning appeals may also serve as a member of the county board of subdivision and land development appeals.
(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.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 8. Board of Zoning Appeals › §8A-8-5. Board of Zoning Appeals Meetings

(a) When there is business to conduct, a board of zoning appeals shall meet at least semiannually, 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 8A. Land Use Planning › Article 11. Special Provisions › §8A-11-2. Permitted Use for Group Residential Facility

(a) A group residential facility as defined in article seventeen, chapter twenty-seven of this code, shall be a permitted residential use of property for the purposes of zoning and is a permitted use in zones or districts where single family dwelling units or multifamily dwelling units are permitted.
(b) A governing body of a municipality or a county, and a planning commission, cannot discriminate in regard to housing and cannot require a group residential facility or its owner or operator, to obtain a conditional use permit, special use permit, special exception or variance to locate a group residential facility in a zone or district where single family dwelling units or multifamily dwelling units are permitted.
(c) The provisions of this section do not exempt any group residential facility from the structural requirements of any bona fide historic preservation district.