H. B. 4119
(By Delegates J. Miller, Overington, Cowles,
Blair, Duke, Wysong and Tabb)
[Introduced January 21, 2008; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §8A-7-7 and §8A-7-8 of the Code of West
Virginia, 1931, as amended, all relating to zoning ordinances;
allowing for petitions for resubmitting voter-approved zoning
ordinances; allowing voter zoning ordinance amendment
petitions; changing petition voter percentage requirements;
and requiring voter approval for county commission amendments.
Be it enacted by the Legislature of West Virginia:
That §8A-7-7 and §8A-7-8 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all 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
or enacted 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 the
governing body enacts the zoning ordinance 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
five percent of the total eligible voters in the area to be
affected by the proposed zoning ordinance
who voted in the last
general election must sign, in their own handwriting, the petition
for an election on a zoning ordinance.
(d) If a petition for an election on an enacted zoning
ordinance is filed with the clerk of a governing body within ninety
days after the governing body enacts the zoning ordinance with
voter approval, then the enacted zoning ordinance shall be
resubmitted for voter approval or rejection at an election to be
held two years after its initial enactment. At least ten percent
of the total eligible voters in the area affected by the zoning ordinance who voted in the last presidential election must sign, in
their own handwriting, the petition for an election on an enacted
zoning ordinance.
(d) (e) Notice for an election
on a proposed zoning ordinance
as described in subsection (c) or (d) of this section 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) (f) The ballots for an election on a zoning ordinance
as
described in subsection (c) or (d) of this section shall have the
following:
/ / For Zoning
/ / Against Zoning
(f) (g) 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. must submit any proposed zoning ordinance amendment for voter approval or rejection at any
primary election or general 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 zoning ordinance amendment is adopted if approved by
a two-thirds majority of the voters and is effective on the date
election results are declared. If a zoning ordinance amendment is
rejected, it does not take effect. The governing body may submit
the zoning ordinance amendment to the voters again at the next
primary or general election.
(b) (c) 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.
NOTE: The purpose of this bill is to allow voters to petition
to resubmit enacted zoning ordinances for voter approval or
rejection two years after their original enactment with voter
approval. This bill would also require voter approval for county
commission enacted zoning ordinance amendments, and would lower the
voter signature percentage requirements needed for petitions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.