Senate Bill No. 559
(By Senators Oliverio, Dempsey and McCabe)
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[Introduced March 16, 2005; referred to the Committee
on Government Organization; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §8A-11-1 of the Code of West Virginia,
1931, as amended, relating to municipal zoning generally; and
providing for discrimination against location of factory-built
housing.
Be it enacted by the Legislature of West Virginia:
That §8A-11-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11. SPECIAL PROVISIONS.
§8A-11-1. Standards for factory-built homes.
(a) A factory-built home as defined in section two, article
fifteen, chapter thirty-seven of this code, shall be a permitted
residential use of property for the purposes of zoning and a single
family factory-built home is a permitted use in zones or districts
where single-family dwelling units and a multifamily factory-built home is a permitted use in zones or districts where multifamily
dwelling units are permitted.
(b) A governing body of a municipality or a county, and a
planning commission, cannot require a factory-built home or its
owner, to obtain a conditional use permit, special use permit,
special exception or variance to locate a single family
factory-built home in a zone or district where single family
dwelling units or a multifamily factory-built dwelling in a zone or
district where multifamily dwelling units are permitted.
(c) The provisions of this section do not exempt any
factory-built home from the structural requirements of any bona
fide historic preservation district or any other zone or district
requirements that are uniformly applied to other single or multiple
family homes in the district.
(a) (d) Notwithstanding any existing provisions of law,
municipal or county ordinance, or local building code,
but
excluding any provisions relating to zoning or land use control,
the standards for factory-built homes, housing prototypes,
subsystems, materials and components certified as acceptable by the
federal Department of Housing and Urban Development are considered
acceptable and are approved for use in housing construction in this
state.
(b) (e) A certificate from the state director of the federal
housing administration of the department of housing and urban development shall constitute prima facie evidence that the products
or materials listed therein are acceptable and such certificates
shall be furnished by the building contractor to any local building
inspector or other local housing authority upon request. The
Housing and Urban Development label, attached to a manufactured
home shall constitute prima facie evidence that the products or
materials contained therein are acceptable.
NOTE: The purpose of this bill is to require that
factory-built housing not be discriminated against in local
ordinances.
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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