H. B. 2179
(By Delegates Spencer, Hatfield and Beane)
[Introduced
February 10, 2005
; referred to the
Committee on Political Subdivision then the Judiciary.]
A BILL to amend and reenact §8A-7-7 of the Code of West Virginia,
1931, as amended, relating to municipal zoning generally;
providing for the placement of zoning ordinances on the ballot
for approval; providing for zoning by referendum; and allowing
local option zoning.
Be it enacted by the Legislature of West Virginia:
That §8A-7-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. ZONING ORDINANCE.
§8A-7-7. Election on a zoning ordinance.
(a) The governing body of a municipality or a county may
submit a proposed zoning ordinance for approval or rejection at any
primary election, general election or special election, to the
qualified voters residing:
(1) Within the entire jurisdiction of the governing body, if the proposed zoning ordinance is for the entire jurisdiction:
Provided, That a petition presented to the county commission,
requesting that a zoning ordinance be placed on the ballot and
containing signatures of fifteen percent of the qualified voters in
the county who voted during the last gubernatorial election shall
be submitted to the qualified voters in the county for approval or
rejection at any regular primary election, general election or
special election; or
(2) In the specific area to be zoned by the proposed zoning
ordinance, if the proposed zoning ordinance only applies to part of
the governing body's jurisdiction.
(b) The election laws of this State apply to any election on
a proposed zoning ordinance.
(c) If a petition for an election on a zoning ordinance is
filed with the clerk of a governing body within ninety days after
the enactment of a zoning ordinance by a governing body without an
election, then a zoning ordinance does not take effect until an
election is held and a majority of the voters approves it. At
least fifteen percent of the total eligible voters in the area to
be affected by the proposed zoning ordinance must sign, in their
own handwriting, the petition for an election on a zoning
ordinance.
(d) Notice for an election on a proposed zoning ordinance must
be published in a local newspaper of general circulation in the area affected by the proposed zoning ordinance, as a Class II-0
legal advertisement, in accordance with the provisions of article
three, chapter fifty-nine of this code.
(e) The ballots for an election on a zoning ordinance shall
have the following:
/ / For Zoning
/ / Against Zoning
(f) The zoning ordinance is adopted if it is approved by a
majority of the voters and is effective on the date the results of
an election are declared. If a zoning ordinance is rejected, the
zoning ordinance does not take effect. The governing body may
submit the zoning ordinance to the voters again at the next primary
or general election.
NOTE: The purpose of this bill is to require that proposed
county zoning ordinances be submitted for approval, to provide for
zoning by referendum and to allow county local option zoning.
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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