West Virginia Code 8A-7-8a – Requirements for adopting an amendment to the zoning ordinance
(a) After the enactment of the zoning ordinance, the governing body of the municipality may amend the zoning ordinance in accordance with § 8A-7-8 of this code, without holding an election.
Terms Used In West Virginia Code 8A-7-8a
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Governing body: means the body that governs a municipality or county. See West Virginia Code 8A-1-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Zoning: means the division of a municipality or county into districts or zones which specify permitted and conditional uses and development standards for real property within the districts or zones. See West Virginia Code 8A-1-2
(b) After the enactment of the zoning ordinance, the governing body of the county may amend the zoning ordinance in accordance with § 8A-7-8 of this code, as follows:
(1) Without holding an election;
(2) Holding an election on the proposed amendment; or
(3) Holding an election on the proposed amendment pursuant to a petition.
(c) If the governing body of the county chooses to hold an election on the proposed amendment, then it must:
(1) Publish notice of the election and the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of § 59-3-1 et seq. of this code; and
(2) Hold an election on the question of adopting or rejecting the proposed amendment to the zoning ordinance at any primary or general election for the qualified voters residing in:
(A) The entire jurisdiction of the county, if the zoning ordinance applies to the entire county; or
(B) The specific area to which the zoning ordinance applies, if the zoning ordinance only applies to a part of the county.
(d) The governing body of a county must hold an election on an amendment to a zoning ordinance if a petition, signed by at least 10 percent of the eligible voters in the area to which the zoning ordinance applies, is filed:
(1) With the governing body of the county prior to enactment of an amendment to a zoning ordinance; or
(2) After the enactment of an amendment to a zoning ordinance without an election, if the petition for an election on the amendment to a zoning ordinance is filed with the governing body of the county within 90 days.
(e) The governing body of the county holding an election on the proposed amendment pursuant to a petition must:
(1) Publish notice of the election and the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of § 59-3-1 et seq. of this code; and
(2) Hold an election on the question of adopting or rejecting the proposed amendment to the zoning ordinance at any primary or general election for the qualified voters residing in:
(A) The entire jurisdiction of the county, if the zoning ordinance applies to the entire county; or
(B) The specific area to which the zoning ordinance applies, if the zoning ordinance only applies to a part of the county.
(f) If an election is held, then the proposed amendment to the zoning ordinance does not take effect until a majority of the voters approve it.
(g) If an election is held and the proposed amendment to the zoning ordinance is rejected, then the proposed amendment does not take effect. The governing body of the county may resubmit the proposed amendment to the zoning ordinance to the voters at another election.
(i) The election laws of this state apply to any election on a proposed amendment to a zoning ordinance.