BZA Application Procedures

Application to Board of Zoning Appeals & Procedures


Variance: A person may apply for a variance filing an application with the Board of Zoning Appeals to the Planning and Development Department seeking a variance from certain regulations within the zoning code. The procedure for filing and obtaining a hearing on such an application is as follows:

  1. A form of application may be obtained from the city Planning and Development Department [LINK]. The application, accompanied by a filing fee of $85, must be completed and filed with the Planning and Development Department, together with the documents requested in the application form and any documentary evidence to support the case. 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 mail 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.

Appeal: 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. 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 and Development Department. The application, accompanied by a filing fee of $85, must be completed and filed with the Planning and Development Department, together with the documents requested in the application form and any documentary evidence of the denial appealed. The appeal must include the exact decision or determination made by the staff, the staff member who made the determination, and the date of the decision or determination. 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. All appeals must be filed within 30 days of the decision or determination made by staff.
  2. Planning staff will notify the owners of all properties adjacent to the subject property by mail describing the requested appeal 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. The Board of Zoning Appeals during an appeal hearing will reverse, affirm, or modify the order, requirement, decision, or determination appealed from so long as the action of the Board taken on appeal is consistent with the rules, regulations, and requirements of the zoning code.

Regular meetings 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 the 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.

Please note that Appeals and Variances are different petitions that do not perform the same function. For more clarification, please reach out to the Planning and Development Department [LINK] for more information.