H. B. 4663
(By Delegates Doyle and Manuel)
[Introduced February 27, 1998; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact sections three and thirty-nine,
article twenty-four, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to definitions; and providing that county and
municipal zoning authorities may permit transferable
development rights to be transferred between parties.
Be it enacted by the Legislature of West Virginia:
That sections three and thirty-nine, article twenty-four,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 24. PLANNING AND ZONING.
§8-24-3. Definitions.
As used in this article:
(a) "Commission or planning commission" shall mean means a municipal planning commission or a county planning commission, as
the case may be;
(b) "Comprehensive plan" shall mean means a complete
comprehensive plan or any of its parts such as a comprehensive
plan of land use and zoning, of thoroughfares, of sanitation, of
recreation and other related matters, and including such
ordinance or ordinances as may be deemed necessary to implement
such complete comprehensive plan or parts thereof by legislative
approval and provision for such rules and regulations as are
deemed necessary and their enforcement;
(c) "Development rights" means rights permitted to a lot,
parcel, or area of land under a zoning ordinance or local law
respecting permissible use, area, density, bulk or height of
improvements executed thereon. Development rights may be
calculated and allocated in accordance with factors such as area,
floor area, floor area ratios, density, height limitations, or
any criteria that will effectively quantify a value for the
development right in a reasonable and uniform manner.
(d) "Receiving district" means one or more designated
districts or areas of land to which development rights generated
from one or more sending districts may be transferred and in
which increased development is permitted to occur by reason of
the transfer.
(e) "Sending district" means one or more designated districts or areas of land in which development is permitted to
occur by reason of such transfer.
(f) "Transfer of development rights" means the process by
which development rights are transferred from one lot, parcel or
area of land in any sending district to another lot, parcel or
area of land in one or more receiving districts.
(g) "Transferable development rights" means a system whereby
assigned rights to development may be voluntarily transacted from
one party to another by agreement if permitted by a county or
municipal zoning commission.
(c) (h) "Exterior architectural features" includes the
architectural character and general composition of the exterior
of a structure, including, but not limited to, the kind, color
and texture of the building material, and the type, design and
character of all windows, doors, light fixtures, signs, other
appurtenant elements and natural features when they are integral
to the significance of the site, all of which are subject to
public view from a public street, way or place;
(d) (i) "Historic district" is a geographically definable
area possessing a significant concentration, linkage or
continuity of sites, buildings, structures or objects united
historically or aesthetically by plan or physical development;
(e) (j) "Historic landmark" is a site, building, structure
or object designated as a "Landmark" either on a national, state or local register;
(f) (k) "Historic site" is the location of a significant
event, a prehistoric or historic occupation or activity, or a
building or structure whether standing, ruined or vanished, where
the location itself possesses historical, cultural or
archaeological value regardless of the value of any existing
structure;
(g) (l) "Public place" includes any tracts owned by the
state or its subdivisions;
(h) (m) "Streets" includes streets, avenues, boulevards,
highways, roads, lanes, alleys and all public ways;
(i) (n) "Unit of government" means any federal, state,
regional, county or municipal government or governmental
corporation; and
(j) (o) "Utility" means any facility used in rendering
service which the public has a right to demand.
PART VII. URBAN AND RURAL ZONING - ZONING GENERALLY.
§8-24-39. Zoning authority generally.
As an integral part of the planning of areas so that
adequate light, air, convenience of access, and safety from fire,
flood and other danger may be secured; that congestion in the
public streets may be lessened or avoided; that the public
health, safety, comfort, morals, convenience and general public
welfare may be promoted; that the preservation of historic landmarks, sites, districts and buildings be promoted; and that
the objective set forth in section one of this article may be
further accomplished, the governing body of a municipality or a
county commission shall have the following powers:
(a) To classify, regulate and limit the height, area, bulk
and use of buildings hereafter to be erected;
(b) To regulate the height, area, bulk, exterior
architectural features and use of buildings hereafter to be
erected within designated historic districts;
(c) To regulate the alteration of exterior architectural
features of buildings within historic districts and to regulate
the alteration of historic landmarks and sites;
(d) To regulate and determine the area of front, rear and
side yards, courts and other open spaces about such buildings;
(e) To regulate and determine the use and intensity of use
of land and lot areas;
(f) To classify, regulate and restrict the location of
trades, callings, industries, commercial enterprises and the
location of buildings designed for specified uses;
(g) To regulate and control, or prohibit in certain areas,
junk yards, salvage yards, used parts yards, dumps or automobile
or appliance graveyards, or the maintenance and operation of
secondhand stores or outlets in residential areas;
(h) To classify and designate the rural lands among agricultural, industrial, commercial, residential and other uses
and purposes; and
(i) To divide the municipality or county into districts of
such kind, character, number, shape and area as may be deemed
necessary to carry out the purposes of this section; and
(j) To permit the transfer of development rights between
parties.
NOTE: The purpose of this bill is to authorize county or
municipal authorities to permit the transfer of transferable
development rights between parties.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.