H. B. 3133
(By Delegates Spencer, Hatfield,
Beane and R. Thompson)
[Introduced February 21, 2003; referred to the
Committee on Political Subdivisions then the Judiciary.]
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, relating to
municipal zoning generally; providing for the placement of
zoning ordinances on the ballot for approval; providing for
zoning by referendum; and allowing local option zoning.
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 to read as follows:
ARTICLE 24. PLANNING AND ZONING.
PART XII. SAME -- ELECTION ON ZONING ORDINANCE.
§8-24-48. Election on zoning ordinance; form of ballots or ballot
labels; procedure.
(a) The governing body of a municipality may or and the county commission may shall submit a proposed zoning ordinance to the
qualified voters residing within the jurisdiction of that governing
body for approval or rejection at any regular primary election,
general election or special election in the manner herein provided:
Provided, That a petition presented to the county commission,
requesting that a zoning ordinance be placed on the ballot and
containing signatures of fifteen percent of the qualified voters in
the county who voted during the last gubernatorial election shall
be submitted to the qualified voters in the county for approval or
rejection at any regular primary election, general election or
special election. Notice of the election shall be provided and the
ballots shall be printed as set forth in subsection (c) of this
section. The zoning ordinance shall be adopted if it is approved
by a majority of the legal votes cast thereon in that jurisdiction.
When a zoning ordinance has been rejected, the governing body of
the municipality or county commission may not submit that zoning
ordinance to the voters again until the next primary or general
election.
(b) If, within sixty days following adoption of the zoning
ordinance by the governing body of the municipality or by the
county commission in which the zoning ordinance was not submitted
to the voters, a petition is filed with the recorder or the clerk
of the county commission praying for submission of such zoning
ordinance for approval or rejection to the qualified voters residing in the area within the jurisdiction of the municipal or
county planning commission, the ordinance shall not take effect
until the same is approved by a majority of the legal votes cast
thereon 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.
(c) Upon the ballots, or ballot labels where voting machines
are used, there shall be written or printed the following:
/ / For Zoning
/ / Against Zoning
(d) If a majority of the legal votes cast upon the question be
for zoning, the provisions of said zoning ordinance shall, upon the
date the results of an election are declared, be effective. If a
majority of the legal votes cast upon the question be against
zoning, the zoning ordinance shall 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.
(e) Subject to the provisions of subsection (d) of this
section, 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 commission in its
order submitting the same to a vote may designate.
(f) 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 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 the publication shall be
the area in which voting on the question of zoning is to be
conducted.
(g) Any election at which the question of zoning is voted upon
is 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 hereunder, insofar as
practicable.
Notwithstanding any other provision of this article to the
contrary, county commissions may allow the placement of an
ordinance on the ballot for approval or rejection by the qualified
voters residing within a local area of the county which has clearly defined boundaries to provide for zoning in that area only.
NOTE: The purpose of this bill is to require that proposed
county zoning ordinances be submitted for approval, to provide for
zoning by referendum and to allow county local option zoning.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.