H. B. 2106
(By Delegate Faircloth)
[Introduced January 13, 1999; referred to the
Committee on Political Subdivisions then the
A BILL to amend and reenact section forty-eight, article
twenty-four, chapter eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further
amend said article by adding thereto a new section,
designated forty-eight-b, all relating to zoning ordinances;
requiring an election to adopt a zoning ordinance proposed
by a county commission; and requiring a petition for a
subsequent vote on the zoning ordinance.
Be it enacted by the Legislature of West Virginia:
That section forty-eight, article twenty-four, chapter eight
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that said
article be further amended by adding thereto a new section,
designated forty-eight-b, all to read as follows:
ARTICLE 24. PLANNING AND ZONING.
PART XII. SAME -- ELECTION ON ZONING ORDINANCE.
§8-24-48. Election on municipal zoning ordinance; form of
ballots or ballot labels; procedure.
If, within sixty days following adoption of the zoning
ordinance by the governing body of the municipality,
or by the
county court a petition is filed with the recorder or the clerk
of the county court praying for submission of such the zoning
ordinance for approval or rejection to the qualified voters
residing in the area within the jurisdiction of the municipal or
county planning commission, such the ordinance shall may not take
effect until the same shall have been approved by a majority of
the legal votes cast thereon on the ordinance at any regular
primary or general election or special election called for that
purpose. The petition may be in any number of counterparts but
must be signed in their own handwriting by a number of qualified
voters residing in the area affected by the proposed zoning
equal, notwithstanding the provisions of subdivision (10),
subsection (b), section two, article one of this chapter, to not
less than fifteen percent of the total legal votes cast in the
affected area for all candidates for governor at the last
preceding general election at which a governor was elected. Only
qualified voters residing in the area affected by the proposed ordinance shall be eligible to vote with respect thereto to the
Upon the ballots, or ballot labels where voting machines are
used, there shall be written or printed the following:
/ / For Zoning
/ / Against Zoning
If a majority of the legal votes cast upon the question be
for zoning, the provisions of
said the zoning ordinance shall,
upon the date the results of such an the election are declared,
be effective. If a majority of the legal votes cast upon the
question be against zoning, said zoning ordinance shall may not
take effect, but the question may again be submitted to a vote at
any regular primary or general election in the manner herein
provided in this article.
Subject to the provisions of the immediately preceding
sentence, voting upon the question of zoning may be conducted at
any regular primary or general election or special election, as
the governing body of the municipality
or the county court in its
order submitting the same to a vote may designate.
Notice of all elections at which the question of zoning is
to be voted upon shall be given by publication of the order
calling for a vote on
such the question as a Class II-0 legal
advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for
such the publication shall be the area in which voting on the
question of zoning is to be conducted.
Any election at which the question of zoning is voted upon
shall be held at the voting precincts established for holding
primary or general elections. All of the provisions of the
general election laws of this state concerning primary, general
or special elections, when not in conflict with the provisions of
this article, shall apply to voting and elections
this article, insofar as practicable.
§8-24-48b. Election on county commission zoning ordinance; form
of ballots; procedure; petition for subsequent vote.
(a) Any zoning ordinance proposed for adoption by the county
commission shall be submitted for approval or rejection to the
qualified voters residing in the county. The zoning ordinance
shall be adopted if it is approved by not less than sixty percent
of the legal votes cast on the ordinance at the next primary or
Notice of the election shall be provided and the ballots
shall be printed as set forth in section forty-eight of this
(b) Any zoning ordinance which has been adopted or rejected, or any zoning ordinance adopted by a county commission prior to
the enactment of this section, shall be thereafter voted upon at
a primary or general election in a subsequent election year upon
submission to the county commission of a petition
signatures of qualified voters residing in the county
equal to not less than fifteen percent of the total legal
votes cast in the county for all candidates for governor at the
last preceding general election at which a governor was elected.
NOTE: The purpose of this bill is to require an election
before adoption of zoning ordinances proposed by the county
commission. A subsequent vote on a zoning ordinance may be held
upon submission to the county commission of a petition containing
signatures of 15% of the qualified voters in the county who voted
in the last gubernatorial election.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§8-24-48b is new; therefore, strike-throughs and
underscoring have been omitted.