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Introduced Version House Bill 4119 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4119


(By Delegates J. Miller, Overington, Cowles,
Blair, Duke, Wysong and Tabb)
[Introduced January 21, 2008; referred to the
Committee on Political Subdivisions then the Judiciary.]



A BILL to amend and reenact §8A-7-7 and §8A-7-8 of the Code of West Virginia, 1931, as amended, all relating to zoning ordinances; allowing for petitions for resubmitting voter-approved zoning ordinances; allowing voter zoning ordinance amendment petitions; changing petition voter percentage requirements; and requiring voter approval for county commission amendments.

Be it enacted by the Legislature of West Virginia:
That §8A-7-7 and §8A-7-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all 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; 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 or enacted 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 the governing body enacts the zoning ordinance 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 five percent of the total eligible voters in the area to be affected by the proposed zoning ordinance who voted in the last general election must sign, in their own handwriting, the petition for an election on a zoning ordinance.
(d) If a petition for an election on an enacted zoning ordinance is filed with the clerk of a governing body within ninety days after the governing body enacts the zoning ordinance with voter approval, then the enacted zoning ordinance shall be resubmitted for voter approval or rejection at an election to be held two years after its initial enactment. At least ten percent of the total eligible voters in the area affected by the zoning ordinance who voted in the last presidential election must sign, in their own handwriting, the petition for an election on an enacted zoning ordinance.
(d) (e) Notice for an election on a proposed zoning ordinance as described in subsection (c) or (d) of this section 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) (f) The ballots for an election on a zoning ordinance as described in subsection (c) or (d) of this section shall have the following:
/ / For Zoning

/ / Against Zoning

(f) (g) 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.
§8A-7-8. Amendments to the zoning ordinance by the governing body.
(a) After the enactment of the zoning ordinance, the governing body of the municipality or the county may amend the zoning ordinance without holding an election. must submit any proposed zoning ordinance amendment for voter approval or rejection at any primary election or general 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; 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 zoning ordinance amendment is adopted if approved by a two-thirds majority of the voters and is effective on the date election results are declared. If a zoning ordinance amendment is rejected, it does not take effect. The governing body may submit the zoning ordinance amendment to the voters again at the next primary or general election.
(b) (c) Before amending the zoning ordinance, the governing body with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the governing body with the advice of the planning commission, must find that there have been major changes of an economic, physical or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.


NOTE: The purpose of this bill is to allow voters to petition to resubmit enacted zoning ordinances for voter approval or rejection two years after their original enactment with voter approval. This bill would also require voter approval for county commission enacted zoning ordinance amendments, and would lower the voter signature percentage requirements needed for petitions.

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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