Senate Bill No. 186
(By Senators Bowman, Kessler, McCabe and Dempsey)
[Introduced January 20, 2003; referred to the Committee on the
A BILL to amend and reenact section three, article twenty-four,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to planning and
zoning; and defining aggrieved person for purposes of board of
Be it enacted by the Legislature of West Virginia:
That section three, 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.
As used in this article:
(a) "Aggrieved" or "aggrieved person" means a person who:
(1) Is denied by the board of zoning
the relief sought in any
application or appeal; or
(2) Has demonstrated that he or she will suffer a peculiar
injury, prejudice or inconvenience beyond that which other
residents of the county or municipality may suffer.
(a) (b) "Commission or planning commission" shall mean means
a municipal planning commission or a county planning commission, as
the case may be.
(b) (c) "Comprehensive plan" shall mean means a complete
comprehensive plan or any of its parts such as a comprehensive plan
of land use and zoning, of thoroughfares, of sanitation, of
recreation and other related matters and including such ordinance
or ordinances as may be deemed considered necessary to implement
such the complete comprehensive plan or parts thereof by
legislative approval and provision for such rules and regulations
as are deemed considered necessary and their enforcement.
(c) (d) "Exterior architectural features" includes the
architectural character and general composition of the exterior of
a structure, including, but not limited to, the kind, color and
texture of the building material and the type, design and character
of all windows, doors, light fixtures, signs, other appurtenant
elements and natural features when they are integral to the
significance of the site, all of which are subject to public view
from a public street, way or place.
(d) (e) "Historic district" is a geographically definable area
possessing a significant concentration, linkage or continuity of
sites, buildings, structures or objects united historically or aesthetically by plan or physical development.
(e) (f) "Historic landmark" is a site, building, structure or
object designated as a "landmark" either on a national, state or
(f) (g) "Historic site" is the location of a significant
event, a prehistoric or historic occupation or activity, or a
building or structure whether standing, ruined or vanished, where
the location itself possesses historical, cultural or
archaeological value regardless of the value of any existing
(g) (h) "Public place" includes any tracts owned by the state
or its subdivisions.
(h) (i) "Streets" includes streets, avenues, boulevards,
highways, roads, lanes, alleys and all public ways.
(i) (j) "Unit of government" means any federal, state,
regional, county or municipal government or governmental
(j) (k) "Utility" means any facility used in rendering service
which the public has a right to demand.
(NOTE: The purpose of this bill is to define aggrieved person
for the purposes of appealing a decision of a board of zoning
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
This bill is recommended for passage during the 2003 regular
session by the joint standing committee on government