Citizen Planners at Large
Many Hands Make Light Work
Within the State of West Virginia there are two ordinance administrative bodies for land use planning, the Planning Commission and the Board of Zoning Appeals. They are permitted as part of Chapter 8A, Articles 2 and 8 of the West Virginia State Code.
There are currently three adoptable documents (also in West Virginia 8A) that the Planning Commission and Board of Zoning Appeals can interact with: the Comprehensive Plan, Zoning Ordinance, and Subdivision and Land Development Ordinance. Please note that neither the zoning or subdivision ordinance my be adopted without an up-to-date comprehensive plan (which is required to be reviewed and updated at least every ten years).
These two bodies act in unison to promote orderly development of land and reduce duplication of effort. Below is some basic information regarding these two entities.
/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
Planning Commission (PC)
Requirements to be on the planning commission:
1) Members must have continuous West Virginia residency for the three years and a resident of the planning commission's jurisdiction (municipality or county) for at least 1 year prior to appointment.
2) The Commission must consist of between 5 to 15 members (3 to 9 for Class IV towns).
3) At least 3/5ths of all members must be residents for 3 plus years prior to joining the commission.
4) Planning Commission members must meet at least semiannually (or quarterly if there is business to conduct)
5) Planning Commissions must elect a president and vice president to act in the president’s stead at its first regular meeting each year.
6) An Annual Report must be made to the governing body.
7) Keep accurate/complete record of proceedings.
8) Prepare and submit an annual budget to the governing body.
9) All meetings must be held in accordance to the West Virginia Open Governmental Proceedings Act.
Full requirements can be found here under Article 2.
What the Planning Commission Hears
1) Tower Applications – This is only for those jurisdictions that have tower ordinances.
2) Map and Text Amendments – Changes to the official zoning map or ordinance text. In this case the PC will make a recommendation to the governing body, who will formally approve or deny the application.
3) Other zoning applications - These may include review of developments which may greatly impact the local populace or Planned Unit Developments, which are overlay districts to the zoning map.
4) Major Subdivision Plats - Any development over the maximum number of lots for a minor subdivision (this varies and will be outlined in your governing body's subdivision ordinance).
5) Other – Zoning is constantly changing and evolving and thus PC actionable items may also grow.
/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
Board of Zoning Appeals (BZA)
Requirements to be on the BZA:
1) Members must reside within the areas of the jurisdiction which are zoned. For municipalities the entirety of the jurisdiction must have zoning, for counties however there may be only portions therein zoned.
2) The Committee must consist of 5 members. The governing body may appoint up to 3 additional members to serve as alternates.
3) All members must be residents for 3 plus years prior to joining the Committee. In cases where only part of the county is zoned, they must be residents for 3 plus years in that particular area.
4) BZA Committee members CANNOT be a member of the planning commission or hold any other elective/appointive office in the governing bodies' government.
5) BZA Committee members must meet at least semiannually.
6) BZA Committees must elect a chair and vice chair to act in the chair’s stead at its first regular meeting each year.
7) Keep accurate/complete record of proceedings including audio recordings.
8) All meetings must be held in accordance to the West Virginia Open Governmental Proceedings Act.
Full requirements can be found here under Article 8.
What the BZA hears
1) Administrative Appeals – An advanced determination of a prior Planning Staff decision.
2) Variance – For use when situations arise not of the making of the property owner, ie. Undersized or uniquely shaped parcel.
3) Conditional Use Permit – Certain uses aren’t automatically disagreeable with a particular zoning district, but may require a closer look to ensure it doesn’t negatively affect the surrounding community, ie. A cemetery isn’t necessary bad, but placement adjacent to a school might create issues with enjoyment of either site.
4) Other – Zoning is constantly changing and evolving and thus BZA actionable items may also grow.
/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
Board of Subdivision and Land Development Appeals (BSLDA)
Requirements to be on the BSLDA
The BSLDA follows the same requirements as the BZA. However, a BSLDA is not required to be established unless the governing body makes it a part of the subdivision regulations.
Additionally, if the county governing body wishes the BZA and BSLDA may consist of the same members and be a singular acting board for both zoning and subdivision regulations. At this time municipal governing bodies do not have this option.
Full requirements can be found here under Section 8A-4-2 (b) (1).
What the BSLDA Hears
The BSLDA follows the same requirements as the BZA regarding what they hear but would be specifically for subdivision ordinances if it is created as a separate committee from BZA.
However, a BSLDA is not required to be established unless the governing body makes it a part of the subdivision regulations.