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Introduced Version House Bill 3088 History

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hb3088 intr
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.

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