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Introduced Version House Bill 2179 History

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hb2179 intr
H. B. 2179


(By Delegates Spencer, Hatfield and Beane)

[Introduced February 10, 2005 ; referred to the

Committee on Political Subdivision then the Judiciary.]





A BILL to amend and reenact §8A-7-7 of the Code of West Virginia, 1931, as amended, relating to municipal zoning generally; providing for the placement of zoning ordinances on the ballot for approval; providing for zoning by referendum; and allowing local option zoning.

Be it enacted by the Legislature of West Virginia:

That §8A-7-7 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: Provided, That a petition presented to the county commission, requesting that a zoning ordinance be placed on the ballot and containing signatures of fifteen percent of the qualified voters in the county who voted during the last gubernatorial election shall be submitted to the qualified voters in the county for approval or rejection at any regular primary election, general election or special election; 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 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.



NOTE: The purpose of this bill is to require that proposed county zoning ordinances be submitted for approval, to provide for zoning by referendum and to allow county local option zoning.

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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