H. B. 3168
(By Delegates Morgan, Blair, Fragale, Yost,
Martin and D. Poling)
[Introduced February 22, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §8A-7-3 of the Code of West Virginia,
1931, as amended, relating to establishing a minimum density
requirement for residential zoning purposes.
Be it enacted by the Legislature of West Virginia:
That §8A-7-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. ZONING ORDINANCE.
§8A-7-3. Zoning -- Generally.
(a) A zoning ordinance may cover a county's entire
jurisdiction or parts of its jurisdiction.
(b) The different zones created in a zoning ordinance by a
governing body do not have to cover or include the same territory,
and may overlap.
(c) Overlay districts and special design districts may have
specific additional development standards for each permitted, accessory and conditional use.
(d) Each zone will be subject to the same rules, regulations,
standards and designations throughout the zone, unless specific
provisions are made by the governing body in the zoning ordinance.
(e) Essential utilities and equipment are a permitted use in
any zoning district.
(f) Several areas of a municipality or county may be
classified in a zone even though the areas are not contiguous.
(g) The boundaries of each zone and the designated
classifications must be shown on a zoning district map. The
boundaries may only be changed after appropriate public hearing and
zoning district map changes are adopted by the governing body.
(h) A governing body shall certify the original zoning
district map. Subsequent versions of the zoning district map shall
be certified and clearly identified with an effective date.
(i) All certified zoning district maps must be filed with the
clerk of the applicable governing body, the applicable planning
commission and the office of the clerk of the applicable county
commission.
(j) In a zoning district in which residential use is
permitted:
(1) A gross average density which includes improvements, green
space and roads of three acres per residential unit is the minimum
permitted average density for a subdivision;
(2)A gross average density of not less than one residential
unit per every four acres is the minimum permitted average density
where there is no subdivision.
Nothing in this section affects current zoning ordinances or
prohibits the adoption of an ordinance allowing for greater or
lesser gross average density in a subdivision or where there is no
subdivision.
NOTE: The purpose of this bill is to establish a minimum
density requirement for residential zoning purposes.
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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