HB 5009
Relating to zoning ordinances and their effects
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill clarifies the definition of ‘use’ within West Virginia’s zoning ordinances, specifically limiting it to domestic use, farming, or activities related to water drawn from the land. It validates existing zoning ordinances and ensures that ongoing uses, such as farming and manufacturing, can continue even after a zoning ordinance is enacted. The bill also addresses land use in karst terrain counties regarding water extraction for commercial sale.
Key provisions
- Defines ‘use’ as domestic use, farming, or activities related to water drawn from the land.
- Validates existing zoning ordinances and amendments.
- Allows ongoing uses (farming, industry, manufacturing) to continue even after a new zoning ordinance is enacted.
- Addresses nonconforming uses, permitting enlargement or change.
- Presumes abandonment only after a year of vacancy unless proven otherwise.
- Specifically prohibits ordinances restricting water extraction for commercial sale outside of West Virginia.
- Applies restrictions on water extraction in karst terrain counties.
- Defines agritourism for the purposes of the bill.
Who is affected
- Municipalities
- Counties
- Farmers
- Industrial Businesses
- Manufacturers
Notable changes
- Clarifies the definition of ‘use’ in zoning ordinances.
- Provides continued protection for existing agricultural, industrial, and manufacturing operations.
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