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Click for legal advice on role of Planning Commission & Zoning Board

Legal Advice on Role of Planning Staff after
Kletter & Jefferson Utilities Decisions

 

OFFICE OF THE PROSECUTING ATTORNEY OF

JEFFERSON COUNTY, WEST VIRGINIA

P. O. Box 729

 110 N. George St., 3rd Floor Charles Town, WV 25414

(304) 728‑3243 fax (304) 728‑3293

 

August 19, 2004

Hand Delivery

 

Mr. Paul Raco

Zoning Administrator

Charles Town, West Virginia

 

Dear Mr. Raco:

 

            In light of the recent Decisions in the Jefferson Utilities case and the second Kletter Decision, you requested an opinion from me regarding the degree of discretion which you may exercise as Zoning Administrator. Upon review of the two recent Decisions and the Planning and Zoning Statutes the following is my legal recommendation to you:

 

            (a)       As Zoning Administrator you may exercise the discretion necessary and incident to your duties as set forth in the Zoning Ordinance. You may also exercise discretion necessary to perform those functions and tasks properly delegated to you by the County Commission, Board of Zoning Appeals and the Planning and Zoning Commission.

 

            (b)       As Zoning Administrator, you are also responsible for the tasks and duties delegated to the “staff” in the Zoning Ordinance.

 

            (c)       All other staff members should operate under this same Rule. This includes Permit Officers, Engineering Staff and Planners.

 

            (d)       Your exercise of discretion is limited to those matters before you in the form of an Application or other requests for official actions pursuant to the Ordinance. Your discretion is limited to actual cases or controversies pertaining to the administrative process required by the matter before you.

 

            In those cases where your discretion is necessary and incident to the administrative process in the matter before the staff, you and the staff should endeavor to administer and enforce the Ordinance in a consistent manner until you are aware of a new or different interpretation which may be applicable to the administrative process.

 

Very truly yours

J. Michael Cassell Assistant Prosecutor