Senate Bill No. 186

(By Senators Bowman, Kessler, McCabe and Dempsey)


[Introduced January 20, 2003; referred to the Committee on the Judiciary.]


A BILL to amend and reenact section three, article twenty-four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to planning and zoning; and defining aggrieved person for purposes of board of zoning appeals.

Be it enacted by the Legislature of West Virginia:
That section three, article twenty-four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§8-24-3. Definitions.
As used in this article:
(a) "Aggrieved" or "aggrieved person" means a person who:
(1) Is denied by the board of zoning
the relief sought in any application or appeal; or
(2) Has demonstrated that he or she will suffer a peculiar injury, prejudice or inconvenience beyond that which other residents of the county or municipality may suffer.
(a) (b) "Commission or planning commission" shall mean means a municipal planning commission or a county planning commission, as the case may be.
(b) (c) "Comprehensive plan" shall mean means a complete comprehensive plan or any of its parts such as a comprehensive plan of land use and zoning, of thoroughfares, of sanitation, of recreation and other related matters and including such ordinance or ordinances as may be deemed considered necessary to implement such the complete comprehensive plan or parts thereof by legislative approval and provision for such rules and regulations as are deemed considered necessary and their enforcement.

(c) (d) "Exterior architectural features" includes the architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, other appurtenant elements and natural features when they are integral to the significance of the site, all of which are subject to public view from a public street, way or place.

(d) (e) "Historic district" is a geographically definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development.

(e) (f) "Historic landmark" is a site, building, structure or object designated as a "landmark" either on a national, state or local register.

(f) (g) "Historic site" is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure.

(g) (h) "Public place" includes any tracts owned by the state or its subdivisions.

(h) (i) "Streets" includes streets, avenues, boulevards, highways, roads, lanes, alleys and all public ways.

(i) (j) "Unit of government" means any federal, state, regional, county or municipal government or governmental corporation. and

(j) (k) "Utility" means any facility used in rendering service which the public has a right to demand.


(NOTE: The purpose of this bill is to define aggrieved person for the purposes of appealing a decision of a board of zoning appeals.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This bill is recommended for passage during the 2003 regular session by the joint standing committee on government organization.)