H. B. 3088
(By Delegates Mahan, Proudfoot, Perry, Swartzmiller,
Manchin, Caputo and Walters)
[Introduced
March 17, 2005
; referred to the
Committee on Political Subdivisions the Judiciary.]
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) 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. 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 is a permitted use
in zones or districts where single-family dwelling units or
multifamily dwelling units are permitted.
(b) 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. A
governing body of a municipality or a county, and a planning
commission, cannot discriminate in regard to housing and 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 factory-built home in a zone or district where single
family dwelling units or 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 that are uniformly applied to other
single family homes in the district.
(d) Notwithstanding any existing provisions of law, municipal
or county ordinance, or local building code, 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.
(e) The HUD label attached to a factory-built 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.