H. B. 4384
(By Delegate Fleischauer Beach, Shook, Marshall, Brown,
Kominar, Staggers, Miley, Wysong and Yost)
[Introduced February 4, 2008; referred to the
Committee on Political Subdivisions then
Government Organization.]
A BILL to amend and reenact §8A-8-3 of the Code of West Virginia,
1931, as amended, relating to allowing the expansion of the
number of members of boards of zoning appeal from five to
seven.
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 shall have five
or
seven 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 the first day of January 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) Upon the addition of two new members to a board of zoning
appeals, one member shall be appointed for a term of one year and
the other shall be appointed for a term of two years. The terms
shall expire on the first day of January of the first and second
year, respectively, following their appointment. Thereafter,
members shall serve three-year terms. Vacancies shall be handled
in the manner proscribed in the preceding subsection.
(d) (e) 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) (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.
(f) (g) 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) (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.
NOTE: The purpose of this bill is to allow for the expansion
of the number of members of boards of zoning appeal from five to
seven.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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