H. B. 2412
(By Delegates Doyle and Manuel)
[Introduced January 27, 1999; referred to the
Committee on Political Subdivisions then the
Judiciary.]
A BILL to amend and reenact section fifty, article twenty-four,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to planning
and zoning; removing exemption from certain provisions for
mining and manufacturing activities and uses.
Be it enacted by the Legislature of West Virginia:
That section fifty, article twenty-four, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 24. PLANNING AND ZONING.
§8-24-50. Existing uses safeguarded.
(a) A Such zoning ordinance or ordinances shall may not
prohibit the continuance of the use of any land, building or
structure for the purpose for which such the land, building or structure is used at the time such ordinance or ordinances take
effect, but any alteration or addition to any land or any
alteration, addition or replacement of or to any existing
building or structure for the purpose of carrying on any use
prohibited under the zoning rules and regulations applicable to
the district may be prohibited: Provided, That no such
prohibition shall apply the prohibition contained in this section
may not be construed as applying to alterations or additions to
or replacement of buildings or structures by any farm, industry
or manufacturer, or to the use of land presently owned by any
farm, industry or manufacturer but not used for agricultural,
industrial or manufacturing purposes, or to the use or
acquisition of additional land which may be required for the
protection, continuing development or expansion of any
agricultural, industrial or manufacturing operation or any
present or future satellite agricultural, industrial or
manufacturing use. If a nonconforming use has been abandoned,
any future use of such the land, building or structure shall be
in conformity with the provisions of the ordinance regulating the
use in the district in which such the land, building or structure
may be located: Provided, however, That abandonment of any
particular agricultural, industrial or manufacturing process
shall may not be construed as abandonment of agricultural, industrial or manufacturing use.
(b) The exemption from any zoning ordinance or ordinances
may not apply to a nonenergy producing mining operation in any
county which, upon the effective date of this section, is a
growth county, as defined by section three, article twenty,
chapter seven of this code and the county commission of that
county has adopted a zoning ordinance regardless of whether the
zoning ordinance remains in effect.
(c) Nothing contained in this article section shall be
deemed to may authorize an ordinance, or rule and regulation
which would prevent, outside of urban areas, the complete use and
alienation of any timber and any and all minerals, including
coal, oil and gas, by the owner or alienee thereof. For the
purpose of this section, urban area shall include includes all
lands or lots within the jurisdiction of a municipal planning
commission as defined in this article.
Note: The purpose of this bill is to remove the exemption
from certain planning and zoning restrictions for mining and
manufacturing activities and uses.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicated new language
that would be added.