H. B. 4511
(By Delegates Wysong, Tabb, Blair, J., Miller, Cowles, Michael,
Duke, Williams, Barker, Shaver and Long )
[Introduced February 12, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §8A-7-7, §8A-7-8 and §8A-7-13 of the
Code of West Virginia, 1931, as amended, all relating to
zoning ordinance adoption by election or otherwise;
Be it enacted by the Legislature of West Virginia:
That §8A-7-7, §8A-7-8 and §8A-7-13 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; 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 number of eligible voters
voting in the last general election who reside 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.
§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. After the enactment
of a zoning ordinance by a county commission, the county
commission may submit any proposed amendment to the 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 county, if the
county zoning ordinance applies to the entire county; or
(2) In the specific area to which the county zoning
ordinance applied, if the zoning ordinance only applies to a part
of the county.
(b) The election laws of this state apply to any election on
a proposed amendment to a zoning ordinance.
(c) If a petition for an election on an amendment to a
zoning ordinance enacted by a county commission is filed with the
clerk of the county commission within ninety days after the
enactment of the amendment without an election, then the
amendment may not take effect until an election is held and a
majority of the voters approve it. At least fifteen percent of the total number of eligible voters voting in the last general
election who reside in the area to which the zoning ordinance
applies must sign, in their own handwriting, the petition for an
election on a zoning ordinance amendment.
(d) Notice for an election on a proposed zoning ordinance
amendment must be published in a local newspaper of general
circulation in the area affected by the zoning ordinance to be
amended, as a Class II-0 legal advertisement, in accordance with
the provisions of article three, chapter fifty-nine of this code.
(e) If an election on a zoning ordinance amendment is done
in accordance with subsections (a) or (c) of this section, the
zoning ordinance amendment 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 amendment is
rejected, the amendment does not take effect. The governing body
may submit the zoning ordinance amendment to the voters again at
another primary or general election.
(f) If an amendment is proposed to a zoning ordinance
adopted by a county commission, any person may request that an
election, that is authorized by subsections (a) or (c) of this
section, on a zoning ordinance amendment be done at a special
election upon written request to the governing body. The
governing body may require the individual requesting the special
election to pay the entire cost incurred by the governing body to
hold the special election.
(g) 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.
(h) When a proposed amendment of a zoning ordinance enacted
by a county commission involves a change in the zoning map
classification of any parcel of land, or a change to the
applicable zoning ordinance text regulations that decreases the
allowed dwelling unit density of any parcel of land, then written
notice shall be given by the governing body, at least thirty days
before the enactment of the amendment if there is no election or
thirty days before an election on the amendment to a zoning
ordinance to the owner of each parcel of land involved. One
notice sent by first class mail to the last known address of the
owner as shown on the current real estate tax assessment books or
current real estate tax assessment records shall be deemed
adequate compliance with this requirement, provided that the head
of the governing body shall make affidavit that such mailings
have been made and file such affidavit with its clerk.
8A-7-13. Process to replace nontraditional zoning ordinance.
(a) A governing body that has adopted or enacted a
nontraditional zoning ordinance may replace the nontraditional
zoning ordinance with a zoning ordinance. A nontraditional
zoning ordinance may be replaced with a zoning ordinance by:
(1) The governing body; or
(2) A petition by the voters in the affected area. If the
voters petition to replace the nontraditional zoning ordinance
with a zoning ordinance, then the provisions of this section and
this chapter shall be followed.
(b)At least fifteen percent of the total number of eligible
voters voting in the last general election who reside in the
affected area may petition the governing body to replace the
nontraditional zoning ordinance with a zoning ordinance. The
petition must include:
(1) The governing body's name to which the petition is
addressed;
(2) The reason for the petition, including:
(A) Replacing the nontraditional zoning ordinance with a
zoning ordinance; and
(B) That the question of replacing the nontraditional zoning
ordinance with a new zoning ordinance be put to the voters of the
affected area; and
(3) Signatures in ink or permanent marker.
(c) Each person signing the petition must be a registered
voter in the affected area and in the governing body's jurisdiction. The petition must be delivered to the clerk of the
affected governing body. There are no time constraints on the
petition.
(d) Upon receipt of the petition with the required number of
qualifying signatures, the governing body shall place the
question on the next special, primary or general election ballot.
Notice for an election on replacing a zoning ordinance must be
published in a local newspaper of general circulation in the area
affected by the nontraditional 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 replacing a zoning
ordinance shall have the following:
"Shall __________ (name of governing body) replace _________
(name of commonly known nontraditional zoning ordinance) with a
zoning ordinance?
___ Yes___ No"
(f) Upon a majority vote of the voters voting in favor of
replacing a non-traditional zoning ordinance with a zoning
ordinance, the governing body shall immediately begin the process
of adopting and enacting a zoning ordinance, in accordance with
the provisions of chapter eight-a of this code. The governing
body has a maximum of three years from the date of the election
to adopt a zoning ordinance.
(g) The governing body may amend its nontraditional zoning ordinance during the process of adopting and enacting a zoning
ordinance.
(h) If a majority of the voters reject replacing the
nontraditional zoning ordinance with a zoning ordinance, the
affected voters may not petition for a vote on the issue for at
least two years from the date of the election.
(i) Nothing in this section shall prevent a governing body
from amending its zoning ordinance in accordance with this
chapter.
(j) If a county commission chooses to replace a
nontraditional zoning ordinance with a traditional zoning
ordinance without election, a petition for an election on the
traditional zoning ordinance may be filed with the clerk of the
county commission within ninety days after the enactment of the
traditional zoning ordinance by the county commission to require
an election on the question of the adoption of a traditional
zoning ordinance. If a petition is timely filed, the traditional
zoning ordinance may not take effect until a majority of the
eligible voters approve it. At least fifteen percent of the
total number of eligible voters voting in the last general
election who reside 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.