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:

§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.

§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.