Contact

Planning Department
City of Martinsburg
208 Viking Way
Martinsburg, WV 25401
304-264-2131 Ext. 267
304-264-2136 (Fax)

Board of Zoning Appeals

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Meeting Time: 6:30 p.m. on first Tuesday of each month.

The Board of Zoning Appeals (BZA) was created by the City of Martinsburg City Council to have the power to review applications for Special Exceptions and requests for Variances from the City of Martinsburg Zoning Ordinances.

The BZA has the authority to decide such questions as are involved in determining whether Special Exceptions should be granted, and to grant Special Exceptions with such conditions and safeguards as are appropriate, or to deny Special Exceptions when not in harmony with the purpose and intent. General and specific conditions for granting Special Exceptions are outlined in Section 1.10 and 1.11 of Zoning Ordinance.

The BZA has the power to authorize upon appeal in specific cases such Variances from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special condition, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship.

The BZA consists of five members who are freeholders and residents of the city, with three-fifths of the members having been residents of the city for at least ten years preceding the time of their appointment. The board members give of their time freely and serve without compensation.

BZA Applications are to be submitted to the City Planner's office no later than the specified deadline date posted for each month's meeting.

Current Board members:

Mary Dulyea – Chairperson

Jamie Lopez –Vice-chairperson

Brenda Casabona

Shari Persad

Monique Boots

Zondria Lansdowne – alternate

Christina Britner– alternate

For more information on the BZA see Section 1.10 of the Martinsburg Zoning Ordinance.

Payment and original signature are required prior to advertising.

Special Exceptions

In order to accomplish the general purposes of the Martinsburg Zoning Ordinance, certain unusual uses need special consideration. They require large land areas or need special regulations to achieve compatibility with the existing or planned future development. Often the effects of these uses on the surrounding environment cannot be foreseen until a specific site has been proposed. They must be given special consideration and located relative to the existing and planned future development pattern. They are not permitted automatically, but are subject to the general regulations, the design requirements of Article VI and the conditions imposed in a Special Exception permit issued by the Board of Zoning Appeals under this Ordinance.

Special Exception Application

Variances

The Board of Zoning Appeals shall have the power to authorize, upon appeal, in specific cases such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special condition, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. All variance applications must demonstrate the following points:

Will not adversely affect the public health, safety, or welfare, or the rights of adjacent property owners or residents;
Arises from special conditions or attributes which pertain to the property for which a variance is sought, and which were not created by the person seeking the variance;
Would eliminate an unnecessary hardship and permit a reasonable use of the land; and
Will allow the intent of the Zoning Ordinance to be observed and substantial justice done.

All applications for a variance are subject to a public hearing and properties must be posted for no less than fifteen(15) days.