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Committee Substitute House Bill 4511 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

H. B. 4511

(By Delegates Wysong, Tabb, Blair, J., Miller, Cowles, Michael, Duke, Williams, Barker, Shaver and Long)

(Originating in the

Committee on the Judiciary.)


[February 21, 2008]


A BILL to amend and reenact §8A-7-7, §8A-7-8 and §8A-7-13 of the Code of West Virginia, 1931, as amended, all relating to zoning ordinance adoption by election or otherwise; reducing the threshold for triggering a zoning ordinance election by petition; setting forth procedures for amending a zoning ordinance; amending notice requirements; setting forth petition requirements; requiring specific notice requirements to affected owners of affected parcels when a proposed zoning ordinance modification would change the zoning classification of a parcel of land; clarifying the relevant notice and adoption procedures as they pertain to adoption or modification of a nontraditional zoning ordinance.

Be it enacted by the Legislature of West Virginia:
That §8A-7-7, §8A-7-8 and §8A-7-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted 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 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 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 ten percent of the total eligible voters in the area to be affected by the proposed zoning ordinance must sign, in their own handwriting, the petition for an election on a zoning ordinance.
(d) Notice for an election on a proposed zoning ordinance 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) The ballots for an election on a zoning ordinance shall have the following:
/ / For Zoning

/ / Against Zoning

(f) 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 by a municipality, the governing body of the municipality or the county may amend the zoning ordinance without holding an election. After the enactment of a zoning ordinance by a county commission, the county commission may submit any proposed amendment to the 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 county, if the county zoning ordinance applies to the entire county; or
(2) In the specific area to which the county zoning ordinance applied, if the zoning ordinance only applies to a part of the county.

(b) The election laws of this state apply to any election on a proposed amendment to a zoning ordinance.
(c) If a petition for an election on an amendment to a zoning ordinance enacted by a county commission is filed with the clerk of the county commission within ninety days after the enactment of the amendment without an election, then the amendment may not take effect until an election is held and a majority of the voters approve it. At least ten percent of the eligible voters in the area to which the zoning ordinance applies must sign, in their own handwriting, the petition for an election on a zoning ordinance amendment.
(d) Notice for an election on a proposed zoning ordinance amendment must be published in a local newspaper of general circulation in the area affected by the zoning ordinance to be amended, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code.
(e) If an election on a zoning ordinance amendment is done in accordance with subsections (a) or (c) of this section, the zoning ordinance amendment 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 amendment is rejected, the amendment does not take effect. The governing body may submit the zoning ordinance amendment to the voters again at another primary or general election.
(f) If an amendment is proposed to a zoning ordinance adopted by a county commission, any person may request that an election, that is authorized by subsections (a) or (c) of this section, on a zoning ordinance amendment be done at a special election upon written request to the governing body.
(g) 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.
(h) When a proposed amendment of a zoning ordinance enacted by a county commission involves a change in the zoning map classification of any parcel of land, or a change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit density of any parcel of land, then written notice shall be given by the governing body, at least thirty days before the enactment of the amendment if there is no election or thirty days before an election on the amendment to a zoning ordinance to the owner of each parcel of land involved. One notice sent by first class mail to the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement, provided that the head of the governing body shall make affidavit that such mailings have been made and file such affidavit with its clerk.
8A-7-13. Process to replace nontraditional zoning ordinance.
(a) A governing body that has adopted or enacted a nontraditional zoning ordinance may replace the nontraditional zoning ordinance with a zoning ordinance. A nontraditional zoning ordinance may be replaced with a zoning ordinance by:
(1) The governing body; or
(2) A petition by the voters in the affected area. If the voters petition to replace the nontraditional zoning ordinance with a zoning ordinance, then the provisions of this section and this chapter shall be followed.
(b)At least fifteen ten percent of the total eligible voters in the affected area may petition the governing body to replace the nontraditional zoning ordinance with a zoning ordinance. The petition must include:
(1) The governing body's name to which the petition is addressed;
(2) The reason for the petition, including:
(A) Replacing the nontraditional zoning ordinance with a zoning ordinance; and
(B) That the question of replacing the nontraditional zoning ordinance with a new zoning ordinance be put to the voters of the affected area; and
(3) Signatures in ink or permanent marker.
(c) Each person signing the petition must be a registered voter in the affected area and in the governing body's jurisdiction. The petition must be delivered to the clerk of the affected governing body. There are no time constraints on the petition.
(d) Upon receipt of the petition with the required number of qualifying signatures, the governing body shall place the question on the next special, primary or general election ballot. Notice for an election on replacing a zoning ordinance must be published in a local newspaper of general circulation in the area affected by the nontraditional zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code.
(e) The ballots for an election on replacing a zoning ordinance shall have the following:
"Shall __________ (name of governing body) replace _________ (name of commonly known nontraditional zoning ordinance) with a zoning ordinance?
___ Yes
___ No"

(f) Upon a majority vote of the voters voting in favor of replacing a non-traditional zoning ordinance with a zoning ordinance, the governing body shall immediately begin the process of adopting and enacting a zoning ordinance, in accordance with the provisions of chapter eight-a of this code. The governing body has a maximum of three years from the date of the election to adopt a zoning ordinance.
(g) The governing body may amend its nontraditional zoning ordinance during the process of adopting and enacting a zoning ordinance.
(h) If a majority of the voters reject replacing the nontraditional zoning ordinance with a zoning ordinance, the affected voters may not petition for a vote on the issue for at least two years from the date of the election.
(i) Nothing in this section shall prevent a governing body from amending its zoning ordinance in accordance with this chapter.
(j) If a county commission chooses to replace a nontraditional zoning ordinance with a traditional zoning ordinance without election, a petition for an election on the traditional zoning ordinance may be filed with the clerk of the county commission within ninety days after the enactment of the traditional zoning ordinance by the county commission to require an election on the question of the adoption of a traditional zoning ordinance. If a petition is timely filed, the traditional zoning ordinance may not take effect until a majority of the eligible voters approve it. At least ten percent of the eligible voters who reside in the area to be affected by the proposed zoning ordinance must sign, in their own handwriting, the petition for an election on a zoning ordinance.
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