Senate Bill No. 465
(By Senators Yoder, Ross and Helmick)
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[Introduced February 20, 1995; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section sixty, article twenty-four,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to providing
an alternative notice requirement for petitioners appealing
decisions of the board of zoning appeals.
Be it enacted by the Legislature of West Virginia:
That section sixty, article twenty-four, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE
24. PLANNING AND ZONING.
§8-24-60. 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 premises affected are located, the petitioner shall cause a notice to be
issued and served by the sheriff of the county upon the adverse
party or parties, if any, as shown by the record of the appeal in
the office of the board of zoning appeals, and upon the chairman
or secretary of the board of zoning appeals.
The adverse party or parties shall be any property owner
whom or which the record of the board of zoning appeals shows to
have appeared at the hearing before the board in opposition to
the petitioner. If the record shows a written remonstrance or
other document opposing the request of petitioner containing the
names of more than three property owners, the petitioner shall be
required to cause notice to be issued and served upon the three
property owners whose names first appear upon the remonstrance or
document. Notice to the other parties named in the remonstrance
or document shall not be required.
The notice shall 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 board of
zoning appeals, shall designate the premises affected and shall
specify the date of the decision or order complained of.
Service of the notice by the sheriff on the chairman or secretary of the board of zoning appeals shall constitute notice
to the board and to the municipality or county and to any
official or board thereof charged with the enforcement of the
zoning ordinance, and no further summons or notice with reference
to the filing of such petition shall be necessary.
(b) As an alternative to the requirements for notice
prescribed in subsection (a) of this section, notice shall be
sufficient upon a showing that all adjacent landowners to the
subject property have received personal service of process of the
notice containing information as required by subsection (a) of
this section. As to all other interested parties, notice shall be
sufficient if, by Class III-O legal advertisement, notice
containing information as required by subsection (a), is
published in the county or counties wherein the subject property
is located.
NOTE: The purpose of this bill is to provide for a
less-burdensome notice requirement for petitioners appealing a
decision of the board of zoning appeals. The bill provides that
personal service be made upon adjacent property owners to
property that is the subject of appeal and that Class III-O legal
advertising of the required notice of the petition is sufficient
for all other interested parties.
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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