reglab/housing_qa huggingface dataset:
WV Code § 8A-6-2 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 6. Methods of Security|§8A-6-2. Conditions as Part of Final Plat Approval

(a) A subdivision and land development ordinance may provide for the voluntary proffering by a landowner as a requirement of final plat approval for a development project.(b) For purposes of this section, a "voluntary proffer" is a written offer by a landowner to a governing body whereby the landowner offers to satisfy certain reasonable conditions as a requirement of the final plat approval for a development project. A voluntary proffer made to a governing body shall be in lieu of payment of an impact fee as authorized by section four, article twenty, chapter seven of this code: Provided, That no proffer may be accepted by a governing body in lieu of an impact fee that would otherwise go to schools without the approval of the county board of education.(c) For purposes of this section, a condition contained in a voluntary proffer is considered reasonable if:(1) The development project results in the need for the conditions;(2) The conditions have a reasonable relation to the development project; and(3) All conditions are in conformity with the comprehensive plan adopted pursuant to this chapter.(d) No proffer may be accepted by a governing body unless it has approved a list detailing any proposed capital improvements from all areas within the jurisdiction of the governing body to which the proffer is made, which list contains descriptions of any proposed capital improvements, cost estimates, projected time frames for constructing the improvements and proposed or anticipated funding sources: Provided, That the approval of the list does not limit the governing body from accepting proffers relating to items not contained on the list.(e) For purposes of this section, "capital improvement" has the same definition as found in section three, article twenty, chapter seven of this code.(f) If a voluntary proffer includes the dedication of real property or the payment of cash, the proffer shall provide for the alternate disposition of the property or cash payment in the event the property or cash payment is not to be used for the purpose for which it was proffered.(g) Notwithstanding any provision of this code to the contrary, a municipality may transfer the portion of the proceeds of a voluntary proffer intended by the terms of the proffer to be used by the board of Education of a county in which the municipality is located upon the condition that the portion so transferred may only be used by the board for capital improvements.
WV Code § 8A-6-3 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 6. Methods of Security|§8A-6-3. Enforcement and Guarantees

(a) The planning commission is vested with all the necessary authority to administer and enforce conditions attached to the final plat approved for a development project, including, but not limited to, the authority to:(1) Order, in writing, the remedy for any noncompliance with the conditions;(2) Bring legal action to ensure compliance with the conditions, including injunction, abatement, or other appropriate action or proceeding; and(3) Require a guarantee satisfactory to the planning commission in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the planning commission upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part.(b) Failure to meet all conditions attached to the final plat approved for a development project shall constitute cause to deny the issuance of any of the required use, occupancy or improvement location permits, as may be appropriate.
WV Code § 8A-7-1 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 7. Zoning Ordinance|§8A-7-1. Authority for Zoning Ordinance

(a) The governing body of a municipality or a county may regulate land use within its jurisdiction by:(1) Adopting a comprehensive plan;(2) Working with the planning commission and the public to develop a zoning ordinance; and(3) Enacting a zoning ordinance.(b) A zoning ordinance may cover a county's entire jurisdiction or parts of its jurisdiction.(c) A zoning ordinance shall cover a municipality's entire jurisdiction.(d) A municipality may adopt, by reference, the zoning ordinance of the county in which it is located.
WV Code § 8A-7-3 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 7. Zoning Ordinance|§8A-7-3. Zoning -- Generally

(a) A zoning ordinance may cover a county's entire jurisdiction or parts of its jurisdiction.(b) The different zones created in a zoning ordinance by a governing body do not have to cover or include the same territory, and may overlap.(c) Overlay districts and special design districts may have specific additional development standards for each permitted, accessory and conditional use.(d) Each zone will be subject to the same rules, regulations, standards and designations throughout the zone, unless specific provisions are made by the governing body in the zoning ordinance. (e) Essential utilities and equipment are a permitted use in any zoning district.(f) Several areas of a municipality or county may be classified in a zone even though the areas are not contiguous.(g) The boundaries of each zone and the designated classifications must be shown on a zoning district map. The boundaries may only be changed after appropriate public hearing and zoning district map changes are adopted by the governing body.(h) A governing body shall certify the original zoning district map. Subsequent versions of the zoning district map shall be certified and clearly identified with an effective date.(i) All certified zoning district maps must be filed with the clerk of the applicable governing body, the applicable planning commission and the office of the clerk of the applicable county commission.
WV Code § 8A-7-4 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 7. Zoning Ordinance|§8A-7-4. Study and Report on Zoning

(a) After adoption of a comprehensive plan and before enacting a zoning ordinance, a governing body with the applicable planning commission must study the land within its jurisdiction. The study may include:(1) Evaluating the existing conditions, the character of the buildings, the most desirable use for the land and the conservation of property values in relation to the adopted comprehensive plan; and(2) Holding public hearings and meetings with notice to receive public input.(b) The planning commission must use the information from the study and the comprehensive plan and prepare a report on zoning. The report shall include the proposed zoning ordinance, with explanatory maps showing the recommended boundaries of each district, and the rules, regulations and restrictions for each district.(c) No zoning ordinance may be enacted without a study and report.
WV Code § 8A-7-5 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 7. Zoning Ordinance|§8A-7-5. Enactment of Zoning Ordinance

(a) After the study and the report, and before the governing body enacts the proposed zoning ordinance, the governing body shall hold at least two public hearings and give public notice. At least one public hearing shall be held during the day and at least one public hearing shall be held during the evening.(b) The public notice shall be published in a local newspaper of general circulation in the area affected by the proposed zoning ordinance, as a Class II legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code, at least fourteen consecutive days prior to the public hearing. The public notice must contain the following:(1) The date, time and place of the public hearings;(2) That it is a public hearing on a proposed zoning ordinance;(3) A brief summary of the principal provisions of the proposed zoning ordinance;(4) A reference to the place where copies of the proposed zoning ordinance may be examined; and(5) That written objections to the proposed zoning ordinance may be made and will be heard at the public hearings and must be filed with the clerk of the applicable governing body.(c) Copies of the proposed zoning ordinance must be made available to the public, at least two weeks prior to the public hearings, at the office of the governing body and all public libraries in the area to be zoned.(d) After the public hearings, if the governing body makes substantial amendments to the proposed zoning ordinance prior to voting on the zoning ordinance, the governing body shall hold another public hearing, after public notice. The public notice shall be as provided in subsections (b) and (c) of this section, and must contain a brief summary of the amendments.(e) After the public hearings and any amendments, the governing body may enact the zoning ordinance or it may hold an election to have the qualified voters residing in the affected area approve the zoning ordinance.
WV Code § 8A-7-6 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 7. Zoning Ordinance|§8A-7-6. Filing the Zoning Ordinance

After the enactment of a zoning ordinance by a governing body, the governing body shall file the enacted zoning ordinance in the office of the clerk of the county commission where the zoning ordinance applies.
WV Code § 8A-7-7 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 7. Zoning Ordinance|§8A-7-7. Election on a Zoning Ordinance

(a) The governing body of a municipality or a county may submit a proposed zoning ordinance for approval or rejection at any primary election, general election or special election, to the qualified voters residing:(1) Within the entire jurisdiction of the governing body, if the proposed zoning ordinance is for the entire jurisdiction; or(2) In the specific area to be zoned by the proposed zoning ordinance, if the proposed zoning ordinance only applies to part of the governing body's jurisdiction.(b) The election laws of this state apply to any election on a proposed zoning ordinance.(c) If a petition for an election on a zoning ordinance is filed with the clerk of a governing body within ninety days after the enactment of a zoning ordinance by a governing body without an election, then a zoning ordinance does not take effect until an election is held and a majority of the voters approves it. At least ten percent of the total eligible voters in the area to be affected by the proposed zoning ordinance must sign, in their own handwriting, the petition for an election on a zoning ordinance.(d) Notice for an election on a proposed zoning ordinance must be published in a local newspaper of general circulation in the area affected by the proposed zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code.(e) The ballots for an election on a zoning ordinance shall have the following:/ / For Zoning/ / Against Zoning(f) The zoning ordinance is adopted if it is approved by a majority of the voters and is effective on the date the results of an election are declared. If a zoning ordinance is rejected, the zoning ordinance does not take effect. The governing body may submit the zoning ordinance to the voters again at the next primary or general election.
WV Code § 8A-7-8 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 7. Zoning Ordinance|§8A-7-8. Amendments to the Zoning Ordinance by the Governing Body

(a) Before amending the zoning ordinance, the governing body with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the governing body with the advice of the planning commission, must find that there have been major changes of an economic, physical or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.(b) When a proposed amendment to the zoning ordinance involves a change in the zoning map classification of any parcel of land, or a change to the applicable zoning ordinance text regulations that changes the allowed dwelling unit density of any parcel of land, the governing body shall, at least thirty days prior to the enactment of the proposed amendment if there is not an election, or at least thirty days prior to an election on the proposed amendment to the zoning ordinance:(1) Give written notice by certified mail to the landowner(s) whose property is directly involved in the proposed amendment to the zoning ordinance; and(2) Publish notice of 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 article three, chapter fifty-nine of this code.
WV Code § 8A-7-9 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 7. Zoning Ordinance|§8A-7-9. Amendments to the Zoning Ordinance by Petition

(a) After the enactment of the zoning ordinance, the planning commission or the owners of fifty percent or more of the real property in the area to which the petition relates may petition to amend the zoning ordinance. The petition must be signed and be presented to the planning commission or the clerk of the governing body.(b) Within sixty days after a petition to amend the zoning ordinance is received by the planning commission or the governing body, then the planning commission or the governing body must hold a public hearing after giving public notice. The public notice of the date, time and place of the public hearing must be published in a local newspaper of general circulation in the area affected by the proposed zoning ordinance, as a Class I legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code, at least fifteen days prior to the public hearing.(c) If the petition to amend the zoning ordinance is from the owners of fifty percent or more of the real property in the area, then before amending the zoning ordinance, the governing body with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the governing body with the advice of the planning commission, must find that there have been major changes of an economic, physical or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.
WV Code § 8A-7-10 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 7. Zoning Ordinance|§8A-7-10. Effect of Enacted Zoning Ordinance

(a) After enactment of a zoning ordinance by a municipality or county, all subsequent land development must be done in accordance with the provisions of the zoning ordinance.(b) All zoning ordinances, and all amendments, supplements and changes thereto, legally adopted under any prior enabling acts, and all actions taken under the authority of any such ordinances, are hereby validated and continued in effect until amended or repealed by action of the governing body of the municipality or the county taken under authority of this article. These ordinances shall have the same effect as though previously adopted as a comprehensive plan of land use or parts thereof.(c) Land, buildings or structures in use when a zoning ordinance is enacted can continue the same use and such use cannot be prohibited by the zoning ordinance so long as the use of the land, buildings or structures is maintained, and no zoning ordinance may prohibit alterations or additions to or replacement of buildings or structures owned by any farm, industry or manufacturer, or the use of land presently owned by any farm, industry or manufacturer but not used for agricultural, industrial or manufacturing purposes, or 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 of any present or future satellite agricultural, industrial or manufacturing use. A zoning ordinance may provide for the enlargement or extension of a nonconforming use, or the change from one nonconforming use to another.(d) If a use of a property that does not conform to the zoning ordinance has ceased and the property has been vacant for one year, abandonment will be presumed unless the owner of the property can show that the property has not been abandoned: Provided, That neither the absence of natural resources extraction or harvesting nor the absence of any particular agricultural, industrial or manufacturing process may be construed as abandonment of the use. If the property is shown to be abandoned, then any future use of the land, buildings or structures must conform with the provisions of the zoning ordinance regulating the use where the land, buildings or structures are located, unless the property is a duly designated historic landmark, historic site or historic district.(e) Nothing in this chapter authorizes an ordinance, rule or regulation preventing, outside of urban areas, the complete use of natural resources by the owner.
WV Code § 8A-7-11 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 7. Zoning Ordinance|§8A-7-11. Variance

(a) A variance is a deviation from the minimum standards of the zoning ordinance and shall not involve permitting land uses that are otherwise prohibited in the zoning district nor shall it involve changing the zoning classifications of a parcel of land.(b) The board of zoning appeals shall grant a variance to the zoning ordinance if it finds that the variance:(1) Will not adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents;(2) Arises from special conditions or attributes which pertain to the property for which a variance is sought and which were not created by the person seeking the variance;(3) Would eliminate an unnecessary hardship and permit a reasonable use of the land; and(4) Will allow the intent of the zoning ordinance to be observed and substantial justice done.
WV Code § 8A-7-12 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 7. Zoning Ordinance|§8A-7-12. Validation of Prior Zoning Ordinance

All zoning ordinances, all amendments, supplements and changes to the ordinance, legally adopted under prior acts, and all action taken under the authority of the ordinance, are hereby validated and the ordinance shall continue in effect until amended or repealed by action of the governing body taken under authority of this article.
WV Code § 8A-8-1 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-1. Board of Zoning Appeals Authorized

§8A-8-1. Board of zoning appeals authorized.If a governing body adopts a zoning ordinance, then as part of that zoning ordinance it shall create a board of zoning appeals to hear appeals on zoning issues.
WV Code § 8A-8-2 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-2. Continuation of Established Boards of Zoning Appeals

A board of zoning appeals established prior to the effective date of this chapter shall continue to operate as though established under the terms of this chapter. All actions lawfully taken under prior acts are hereby validated and continued in effect until amended or repealed by action taken under the authority of this chapter.
WV Code § 8A-8-3 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 8. Board of Zoning Appeals|§8A-8-3. Municipal Board of Zoning Appeals

(a) A municipal board of zoning appeals shall have five members to be appointed by the governing body of the municipality.(b) The members of a municipal board of zoning appeals must be:(1) Residents of the municipality for at least three years preceding his or her appointment;(2) Cannot be a member of the municipal planning commission; and(3) Cannot hold any other elective or appointive office in the municipal government.(c) Upon the creation of a board of zoning appeals, the members shall be appointed for the following terms: One for a term of one year; two for a term of two years; and two for a term of three years. The terms shall expire on January 1, of the first, second and third year, respectively, following their appointment. Thereafter, members shall serve three-year terms. If a vacancy occurs, the governing body of the municipality shall appoint a member for the unexpired term.(d) The governing body of the municipality may appoint up to three additional members to serve as alternate members of the municipal board of zoning appeals. The alternate members must meet the same eligibility requirements as set out in subsection (b) of this section. The term for an alternate member is three years. The governing body of the municipality may appoint alternate members on a staggered term schedule.(e) An alternate member shall serve on the board when one of the regular members is unable to serve. The alternate member shall serve until a final determination is made in the matter to which the alternate member was initially called on to serve.(f) The municipal board of zoning appeals shall establish rules and procedures for designating an alternate member. An alternate member shall have the same powers and duties of a regular board member.(g) The members and alternate members of a county board of zoning appeals shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.