H. B. 2027
(By Delegate Faircloth)
[Introduced February 14, 2001; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section forty-eight, article
twenty-four, chapter eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further
amend said article by adding thereto a new section, designated
section forty-eight-b, all relating to zoning ordinances;
requiring an election to adopt a zoning ordinance proposed by
a county commission; and requiring a petition for a
subsequent vote on the zoning ordinance.
Be it enacted by the Legislature of West Virginia:
That section forty-eight, article twenty-four, chapter eight
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section,
designated section forty-eight-b, all to read as follows:
ARTICLE 24. PLANNING AND ZONING.
PART XII. SAME -- ELECTION ON ZONING ORDINANCE.
§8-24-48. Election on municipal zoning ordinance; form of ballots
or ballot labels; procedure.
If, within sixty days following adoption of the zoning
ordinance by the governing body of the municipality, or by the
county court a petition is filed with the recorder or the clerk of
the county court praying for submission of such the zoning
ordinance for approval or rejection to the qualified voters
residing in the area within the jurisdiction of the municipal or
county planning commission, such the ordinance shall may not take
effect until the same shall have been approved by a majority of the
legal votes cast thereon on the ordinance at any regular primary or
general election or special election called for that purpose. The
petition may be in any number of counterparts but must be signed in
their own handwriting by a number of qualified voters residing in
the area affected by the proposed zoning equal, notwithstanding the
provisions of subdivision (10), subsection (b), section two,
article one of this chapter, to not less than fifteen percent of the total legal votes cast in the affected area for all candidates
for governor at the last preceding general election at which a
governor was elected. Only qualified voters residing in the area
affected by the proposed ordinance shall be eligible to vote with
respect thereto to the ordinance.
Upon the ballots, or ballot labels where voting machines are
used, there shall be written or printed the following:
/ / For Zoning
/ / Against Zoning
If a majority of the legal votes cast upon the question be for
zoning, the provisions of said the zoning ordinance shall, upon the
date the results of such an the election are declared, be
effective. If a majority of the legal votes cast upon the question
be against zoning, said zoning ordinance shall may not take effect,
but the question may again be submitted to a vote at any regular
primary or general election in the manner herein provided in this
article.
Subject to the provisions of the immediately preceding
sentence, voting upon the question of zoning may be conducted at
any regular primary or general election or special election, as the governing body of the municipality or the county court in its order
submitting the same to a vote may designate.
Notice of all elections at which the question of zoning is to
be voted upon shall be given by publication of the order calling
for a vote on such the question as a Class II-0 legal advertisement
in compliance with the provisions of article three, chapter
fifty-nine of this code, and the publication area for such the
publication shall be the area in which voting on the question of
zoning is to be conducted.
Any election at which the question of zoning is voted upon
shall be held at the voting precincts established for holding
primary or general elections. All of the provisions of the general
election laws of this state concerning primary, general or special
elections, when not in conflict with the provisions of this
article, shall apply to voting and elections hereunder under this
article, insofar as practicable.
§8-24-48b. Election on county commission zoning ordinance; form
of ballots; procedure; petition for subsequent
vote.
(a) Any zoning ordinance proposed for adoption by the county
commission shall be submitted for approval or rejection to the qualified voters residing in the county. The zoning ordinance
shall be adopted if it is approved by not less than sixty percent
of the legal votes cast on the ordinance at the next primary or
general election.
Notice of the election shall be provided and the ballots
shall be printed as set forth in section forty-eight of this
article.
(b) Any zoning ordinance which has been adopted or rejected,
or any zoning ordinance adopted by a county commission prior to the
enactment of this section, shall be thereafter voted upon at a
primary or general election in a subsequent election year upon
submission to the county commission of a petition containing
signatures of qualified voters residing in the county in an amount
equal to not less than fifteen percent of the total legal votes
cast in the county for all candidates for governor at the last
preceding general election at which a governor was elected.
NOTE: The purpose of this bill is to require an election
before adoption of zoning ordinances proposed by the county
commission. A subsequent vote on a zoning ordinance may be held
upon submission to the county commission of a petition containing
signatures of 15% of the qualified voters in the county who voted
in the last gubernatorial election.
§8-24-48b is new; therefore, strike-throughs and underscoring
have been omitted.
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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