I don't like it. Why exempt coal etc? Muddies the water too much for future owners.
James Kotcon <jkotcon@wvu.edu> wrote: Current land use plans/zoning ordinances cannot prevent an existing use
form continuing unless the land is abandoned. So if an industrial
facility is in place before the land use plan is adopted, it may
continue as a "non-conforming" land use indefinitely, unless it closes
down for at least one year. Even if the business closes sells out to
another individual, that business may continue on that land
indefinitely.
But the zoning statutes have a clear exemption and do not generally
apply to mining or mineral extraction. So someone who owns the coal or
limestone mineral rights can mine them, even if the area gets zoned
"residential". This bill would narrow that exemption to
only
"energy-related" businesses. Thus, quarries would be prohibited, but
coal, oil and gas extraction would remain exempt from zoning or land use
plans.
I support the bill, but I think it needs to be much broader.
JBK
>>> "Paul Wilson" 2/12/2008 3:39 PM >>>
This was entered to stop some unappropriate land uses in residential
areas
eg. a Shale mine in Gerrardstown in Berkeley Cty (E. Panhandle). I
want to
put an article in the NL and ask folks to contact the committee
chairs.
thanks, paul
*
Be it enacted by the Legislature of West Virginia:*
That §8A-7-10 of the Code of West Virginia, 1931, as amended, be
amended and
reenacted to read as follows:
*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continued in effect until amended or repealed by action of the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.
*(f) Any county which has enacted county-wide zoning and which has
been
designated as a "growth county" as defined in section three, article
twenty,
chapter seven of this code may:
(1) Limit the use of land presently owned or subsequently acquired by
any
farm, industry or manufacturer and not presently or subsequently
used
for
energy related industrial or manufacturing purposes, to those uses
permitted
by the applicable zoning ordinance, notwithstanding the provisions set
forth
in subsection (c) of this section;
(2) Limit the use of abandoned property to the provisions of the
zoning
ordinance where such property is not being used for energy related
natural
resources extraction or harvesting or where there is no particular
agricultural, energy related industrial or manufacturing process on
the
land, and where such property has been (d) of this section; and
(3) Limit or prohibit the complete use of nonenergy related natural
resources by an owner of property, if such use of the property does
not
conform to the provisions of the applicable zoning ordinance.*
NOTE: The purpose of this bill is to limit the use of some lands for
nonenergy related purposes in "growth counties."
Strike-throughs indicate language that
would be stricken from the
present
law, and underscoring indicates new language that would be added.
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-6975
_______________________________________________
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Jim Sconyers
jim_scon@yahoo.com
304.789.2542
603.969.6712 cell
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