H. B. 4322
(By Delegate Michael)
[Introduced February 3, 2010; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §8A-8-3 of the Code of West Virginia,
1931, as amended, relating to the required number of members
for municipal boards of zoning appeals for Class IV
municipalities.
Be it enacted by the Legislature of West Virginia:
That §8A-8-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. BOARD OF ZONING APPEALS.
§8A-8-3. Municipal board of zoning appeals.
(a) A municipal board of zoning appeals in a Class I, II or
III city shall have has five members to be appointed by the
governing body of the municipality. A municipal board of zoning
appeals in a Class IV town or village has three members to be
appointed by their governing bodies.
(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 has 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.
NOTE: The purpose of this bill is to the required number of
members for municipal boards of zoning appeals for Class IV
municipalities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.