COMMITTEE SUBSTITUTE
FOR
H. B. 2462
(By Delegates Fleischauer, Givens, Houston, L. White, Compton,
Hutchins and Marshall)
(Originating in the Committee on the Judiciary)
[March 4, 1999]
A BILL to amend article twenty-four, chapter eight of the code
of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated
section fifty-c, relating to statewide zoning preemption
for family child care.
Be it enacted by the Legislature of West Virginia:
That article twenty-four, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, be amended by adding thereto a new section,
designated section fifty-c, to read as follows:
ARTICLE 24. PLANNING AND ZONING.
Part xiii-b. Same---statewide zoning preemption for family
child care.
§8-24-50c.
Application of zoning criteria to family day
care homes and family day care facilities.
(a)No city, county or other local governing body or
planning commission may prohibit a registered family day care
home, as defined in section two, article two-b, chapter forty- nine, or a certified family day care facility, as defined in
section two, article two-b, chapter forty-nine of the code, on
lots zoned for single-family residences.
(b)A registered family day care home or a certified
family day care facility shall constitute a valid residential
use of property for purposes of zoning.
(c)No registered family day care home or certified family
day care facility shall be required to obtain a conditional
use permit, special use permit, special exception or variance
for location of such a day care home or facility in a zone or
district restricted to single-family residences.
(d)The provisions of this section do not preclude any
city, county or other local governing body or planning
commission from placing restrictions on building heights,
setback or lot dimensions, or applying those ordinances or
restrictions relating to health and safety, building standards
or codes, environmental impact standards, or abatement of
nuisances if the restriction or ordinance not distinguish
family day care homes or family day care facilities from other
single-family residences.
(e)The provisions of this section shall not exempt any such residence from the structural requirements of any bona
fide historical preservation district.
This article is new; therefore, strike-throughs and
underscoring have been omitted.