West Virginia Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners

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US-01294BG
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Description

Zoning is a government-imposed restrictions on the use that may be made of land.
For example, a municipality may adopt a zoning ordinance that permits the construction of only single-family houses in a designated portion of the city. Zoning is used to plan future community growth and to ensure reasonable, orderly development. A variance is an exception granted by an administrative agency such as a zoning board that permits a use of property that is inconsistent with an existing zoning ordinance.


This form is a generic example of a notice from an applicant who is appealing a decision of a zoning board of a municipality to a higher administrative agency. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Step 1: File the Notice of Appeal. Step 2: Pay the filing fee. Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case. Step 4: Order the trial transcripts.

USE VARIANCE STANDARDS 1) The applicant must prove that the property is unable to achieve a reasonable return for any use allowed in that zoning district. 2) The applicant must prove that unique circumstances apply to the property for which the variance is requested.

A party who has not filed a brief may not present oral argument. A party who has filed a summary response in lieu of a brief is deemed to have waived oral argument, but shall be heard orally if oral argument is held under this rule.

Docketing the appeal. Within thirty days of entry of the judgment being appealed, the petitioner shall file the notice of appeal and the attachments required in the notice of appeal form contained in Appendix A of these Rules. The notice of appeal shall be filed in the Office of the Clerk of the Supreme Court.

(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...

If you are filing your appeal in the Federal Circuit, you can use the Petition for Review or Appeal of an Order or Decision of an Agency, Board, Commission, or Office (Form 5). The court does not require the use of a form when filing a petition or notice of appeal, but it is highly recommended for ease of processing.

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West Virginia Notice of Hearing for Variance Before Board of Zoning Appeals - Notice to be Sent by Applicant to Interested Property Owners