H. B. 2119
(By Delegates Manchin, Proudfoot and Walters)
[Introduced January 15, 2007; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend and reenact §8A-11-1 of the Code of West Virginia,
1931, as amended, relating to municipal zoning generally; and
prohibiting discrimination against the location of
factory-built housing by units of local government.
Be it enacted by the Legislature of West Virginia:
That §8A-11-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. SPECIAL PROVISIONS.
§8A-11-1. Standards for factory-built homes.
(a) A factory-built home as defined in section two, article
fifteen, chapter thirty-seven of this code, provided its smallest
dimension is not less than twenty-two feet, shall be a permitted
residential use of property for the purposes of zoning and is a
permitted use in zones or districts where single-family dwelling units are permitted.
(b) A governing body of a municipality or a county, and a
planning commission, cannot discriminate in regard to housing and
cannot require a factory-built home or its owner, to obtain a
conditional use permit, special use permit, special exception or
variance to locate a factory-built home in a zone or district where
single family dwelling units or multifamily dwelling units are
permitted solely by being a factory-built home.
(c) The provisions of this section do not exempt any factory-
built home from the requirements of any bona fide historic
preservation district that are uniformly applied to other single
family homes in the district.
(d) Notwithstanding any existing provisions of law, municipal
or county ordinance, or the state building code, the standards for
factory-built homes, housing prototypes, subsystems, materials and
components certified as acceptable by the federal Department of
Housing and Urban Development are considered acceptable and are
approved for use in housing construction in this state.
(e) Appropriate building code compliance documentation
attached to a factory-built home shall constitute prima facie
evidence that the products or materials contained therein are
acceptable.
NOTE: The purpose of this bill is to require that
factory-built housing not be discriminated against in local government ordinances.
This section has been completely rewritten; therefore,
strike-throughs and underscoring have been omitted.
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