H. B. 2379
(By Delegates Doyle and Manuel)
[Introduced February 20, 2001
; 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.