ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 256
(Senator Snyder, original sponsor)
____________
[Passed April 11, 2009; in effect ninety days from passage.]
____________
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated
§8-6-
4a; and to amend
and reenact
§8A-7-2 of said code, all
relating to
urban growth
boundaries
;
definitions; providing new procedures for
annexation without election and annexation by minor boundary
adjustment for municipalities in growth counties that have an
adopted countywide zoning ordinance which includes urban
growth boundaries; setting requirements; and permitting urban
growth boundaries in zoning ordinances.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated
§8-6-
4a
; and that
§8A-7-2 of said code be
amended and reenacted
, all
to read as
follows:
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 6. ANNEXATION.
PART III - ANNEXATION WITHOUT ELECTION.
§8-6-4a. Annexation without election for municipalities in
counties that have an adopted countywide zoning ordinance
which includes urban growth boundaries.
(a) This section applies to municipalities in counties that
have adopted a countywide zoning ordinance with designated urban
growth boundaries and, prior to January 1, 2009, have adopted local
impact fees pursuant to the provisions of article twenty, chapter
seven of this code that want to annex additional property without
an election.
(b) For purposes of this section only:
(1) "Contiguous" means property that is next to, abutting and
having a boundary that is coterminous with the municipality's
designated urban growth boundary. The length of a street, highway,
road or other traffic or utility easement, streams, rivers or other
natural topography are not to be used to determine if a property is
contiguous
: Provided, That the width of a street, highway, road or
other traffic or utility easement, streams, rivers or other natural
topography may be used to determine contiguous boundaries.
(2) "Urban growth boundary" means a site-specific line,
delineated on a zoning map or a written description in a zoning
ordinance identifying an area around and outside the corporate
limits of a municipality within which there is a sufficient supply
of developable land within the boundary for at least a prospective
twenty-year period of municipal growth based on demographic
forecasts and the time reasonably required to effectively provide
municipal services to the identified area. The urban growth boundary may be called by any name chosen by the county commission,
but the word "boundary" shall be used in the name of the boundary.
The boundary shall be established by the county commission in
agreement with each individual municipality regarding that
municipality's boundary. If the county commission and municipality
cannot agree upon the location or size of the boundary, either
party may file for declaratory judgment relief in the circuit court
which shall submit the dispute to mediation or arbitration prior to
final resolution by the circuit court. Once a county has adopted
an urban growth boundary by its designation on an adopted county
zoning map, the gross area inside the boundary may not be reduced
without written consent of the municipality. The county commission
shall review each urban growth boundary at a period not to exceed
ten years or upon request of the individual municipality.
(c)
Procedure for a municipality to annex property within an
urban growth boundary. --
(1) If the proposed property to be annexed by a municipality
is entirely within the municipality's designated urban growth
boundary, then the municipality may annex without an election the
proposed property pursuant to the provisions of section four of
this article. Agreement with the county commission is not
required.
(2) If the proposed property to be annexed by minor boundary
adjustment by a municipality is entirely within the municipality's
designated urban growth boundary, then the municipality may annex
without an election the proposed property pursuant to the provisions of section four of this article if the provisions of
section five of this article are followed, except that agreement
with the county commission is not required.
(d)
Procedure for a municipality to annex property within
urban growth boundaries of two or more municipalities. --
If the proposed property to be annexed by a municipality is
partially or wholly within another municipality's urban growth
boundary, then the municipality may annex without an election the
proposed property pursuant to the provisions of section four of
this article if the two municipalities have executed an
intergovernmental agreement regarding the annexation of the subject
property. Agreement with the county commission is not required.
(e)
Procedure for a municipality to annex contiguous property
outside an urban growth boundary. --
(1) If the proposed property to be annexed by a municipality
is outside the municipality's designated urban growth boundary,
then the municipality may annex without an election the proposed
property pursuant to the provisions of section four of this
article, if:
(A) The proposed property to be annexed is contiguous to the
municipality, as defined in this section; and
(B) The municipality has the county commission's agreement.
(2) Prior to the agreement of the county commission to the
annexation of the proposed property the county commission shall:
(A) Hold a public hearing;
(B) Place a notice on the subject property, which notice shall be the same as that required for property to be rezoned; and
(C) At least fifteen days prior to the public hearing, publish
a notice of the date, time and place of the public hearing as a
Class I legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code.
(f)
Procedure for a municipality to annex noncontiguous
property outside an urban growth boundary. --
(1) If the proposed property to be annexed by a municipality
is entirely outside the municipality's designated urban growth
boundary and is not contiguous to the municipality, as defined in
this section, then the municipality may annex without an election
the proposed property pursuant to the provisions of section four of
this article if the municipality has the county commission's
agreement and, prior to the agreement of the county commission to
the annexation of the proposed property, the county commission
shall:
(A) Hold a public hearing;
(B) Place a notice on the subject property, which notice shall
be the same as that required for property to be rezoned; and
(C) At least fifteen days prior to the public hearing, publish
a notice of the date, time and place of the public hearing as a
Class I legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code.
(2) After the public hearing and on-site notice, if the county
commission finds, by a written record, that the proposed annexation
is for the good of the county as a whole, then the county commission may agree to the annexation.
(g) Prior to the county commission entering an order for any
annexation pursuant to this section, the annexed property shall be
surveyed by a licensed professional surveyor and a metes and bounds
description of the annexed property must be provided to the county
commission in which the property is located.
(h) After a municipality has annexed property pursuant to this
section and the property has been surveyed, the county commission
shall enter an order. After the order is entered, the corporate
limits of the municipality include the annexed property.
CHAPTER 8A. LAND USE PLANNING.
ARTICLE 7. ZONING ORDINANCE.
§8A-7-2. Contents of zoning ordinance.
(a) The following must be considered when enacting a zoning
ordinance:
(1) Promoting general public welfare, health, safety, comfort
and morals;
(2) A plan so that adequate light, air, convenience of access
and safety from fire, flood and other danger is secured;
(3) Ensuring attractiveness and convenience is promoted;
(4) Lessening congestion;
(5) Preserving historic landmarks, sites, districts and
buildings;
(6) Preserving agricultural land; and
(7) Promoting the orderly development of land.
(b) A zoning ordinance may include the following:
(1) Regulating the use of land and designating or prohibiting
specific land uses;
(2) Authorizing flexible planning standards to create,
redevelop, reuse, protect and enhance the physical qualities of the
community;
(3) Designating historic districts and regulating the uses of
land and the design of buildings within the historic district;
(4) Establishing corridor overlay districts to achieve land
design goals and regulating the uses of land within the corridor
overlay districts;
(5) Establishing design standards and site plan approval
procedures;
(6) Dividing the land of the governing body into different
zone classifications regulating the use of land, establishing
performance standards for various land uses when dividing is not
desired or any combination of both;
(7) Authorizing overlay districts and special design districts
within which specific additional development standards for each
permitted, accessory and conditional use shall apply;
(8) Regulating the height, area, bulk, use and architectural
features of buildings, including reasonable exterior architectural
features and reasonable aesthetic standards for factory-built
homes;
(9) Authorizing a process and standards for factory-built
homes:
Provided, That a governing body is prohibited from
establishing a process and standards for regulating factory-built homes that is more restrictive than a process and standards for
site-built homes;
(10) Preserving green spaces and requiring new green spaces,
landscaping, screening and the preservation of adequate natural
light;
(11) Regulating traffic flow and access, pedestrian flow and
access, parking and loading;
(12) Identifying flood-prone areas subject to periodic
flooding and regulating with specific control the permitted use,
type of construction and height of floor levels above base flood
elevation permitted in the area so as to lessen or avoid the
hazards to persons and damage to property resulting from the
accumulation of storm or flood waters;
(13) Designating an airport area and establishing land-use
regulations within a specific distance from the boundaries of the
airport;
(14) Authorizing planned unit developments to achieve more
efficient use of land and setting standards and regulations for the
developments; and
(15) Identifying, establishing and designating urban growth
boundaries, as defined in section four-a, article six, chapter
eight of this code, for municipalities.
(c) A zoning ordinance shall:
(1) Create a board of zoning appeals;
(2) Specify certification requirements for zoning district
maps that are consistent with the governing body's comprehensive plan;
(3) Adopt procedures and requirements for nonconforming land
uses;
(4) Adopt procedures and requirements for variances; and
(5) Adopt procedures and requirements for conditional use
permits.