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Article 1. General Provisions
§8A-1-1. Legislative Findings - (a) The Legislature finds, as the object of this chapter,...
§8A-1-2. Definitions - As used in this chapter, the following words and terms...
Article 2. Planning Commissions
§8A-2-1. Planning Commissions Authorized - (a) A governing body of a municipality or county may,...
§8A-2-2. Continuation of Established Planning Commissions - (a) A planning commission established prior to the effective date...
§8A-2-3. Municipal Planning Commission - (a) A municipal planning commission in a Class I, II...
§8A-2-4. County Planning Commission - (a) A county planning commission shall have not less than...
§8A-2-5. Multicounty Planning Commission, Regional Planning Commission or Joint Planning Commission - (a) A multicounty planning commission, a regional planning commission or...
§8A-2-6. Sharing Planning Commissions - (a) The governing body of a municipality located within a...
§8A-2-7. Planning Commission Meetings - (a) A planning commission shall meet at least quarterly and...
§8A-2-8. Quorum - A planning commission must have quorum to conduct a meeting....
§8A-2-9. Officers - At its first regular meeting each year, a planning commission...
§8A-2-10. Governing Body's Duties - (a) The county commission in the case of a county...
§8A-2-11. Planning Commission's Powers and Duties - A planning commission has the following powers and duties: (1)...
Article 3. Comprehensive Plan
§8A-3-1. Purpose and Goals of a Comprehensive Plan - (a) The general purpose of a comprehensive plan is to...
§8A-3-2. Study Guidelines for a Comprehensive Plan - (a) When preparing or amending a comprehensive plan, a planning...
§8A-3-3. Authority for Planning Commission - (a) A planning commission shall prepare a comprehensive plan for...
§8A-3-4. Mandatory Components of a Comprehensive Plan - (a) The comprehensive plan is a written statement on present...
§8A-3-5. Optional Components of a Comprehensive Plan - The comprehensive plan may have, but is not limited to,...
§8A-3-6. Notice and Public Participation Requirement for a Comprehensive Plan - (a) Prior to recommending a new or amended comprehensive plan...
§8A-3-7. Submission of Comprehensive Plan - (a) After the comprehensive plan is prepared and before it...
§8A-3-8. Adoption of Comprehensive Plan by Governing Body - (a) Within the latter of ninety days or three scheduled...
§8A-3-9. Filing the Comprehensive Plan - After the adoption of a comprehensive plan by a governing...
§8A-3-10. Rejection or Amendment of Comprehensive Plan by Governing Body - (a) If a governing body rejects or amends the recommended...
§8A-3-11. Amending Comprehensive Plan After Adoption - (a) After the adoption of a comprehensive plan by the...
§8A-3-12. Validation of Prior Comprehensive Plans - (a) The adoption of a comprehensive plan or any general...
§8A-3-13. Intergovernmental Cooperation - (a) With a view to coordinating and integrating the planning...
§8A-3-14. Jurisdiction of Municipal Planning Commission - The jurisdiction of a municipal planning commission shall not extend...
Article 4. Subdivision and Land Development Ordinance
§8A-4-1. Subdivision and Land Development Ordinances Authorized - (a) The governing body of a municipality or a county...
§8A-4-2. Contents of Subdivision and Land Development Ordinance - (a) A subdivision and land development ordinance shall include the...
§8A-4-3. Enactment of Subdivision and Land Development Ordinance - (a) Before a governing body enacts a subdivision and land...
§8A-4-4. Filing the Subdivision and Land Development Ordinance - After the enactment of the subdivision and land development ordinance...
§8A-4-5. Amendments to the Subdivision and Land Development Ordinance - After the enactment of the subdivision and land development ordinance...
§8A-4-6. Effect of Adopted Subdivision and Land Development Ordinance - After enactment of a subdivision and land development ordinance by...
§8A-4-7. Validation of Prior Subdivision and Land Development Ordinance - All subdivision and land development ordinances, all amendments, supplements and...
Article 5. Subdivision or Land Development Plan and Plat
§8A-5-1. Jurisdiction of Planning Commissions - (a) A planning commission has the authority to: (1) Approve...
§8A-5-2. Requirements for a Minor Subdivision or Land Development - §8A-5-2. Requirements for a minor subdivision or land development. (a)...
§8A-5-3. Application for Minor Subdivision or Land Development - (a) An applicant submits a copy of a land development...
§8A-5-4. Approval of Minor Subdivision or Land Development Plans and Plats - (a) Within ten days after a plat has been classified...
§8A-5-5. Recording of Minor Subdivision or Land Development Plat - After approval of a minor subdivision or land development plat...
§8A-5-6. Application for Major Subdivision or Land Development - §8A-5-6. Application for major subdivision or land development. (a) An...
§8A-5-7. Contents of a Major Subdivision or Land Development Plan and Plat - (a) A land development plan and plat must include everything...
§8A-5-8. Approval of Major Subdivision or Land Development Plans and Plats - (a) Upon written request of the applicant for a determination,...
§8A-5-9. Recording of Major Subdivision or Land Development Plat - After approval of a major subdivision or land development plat...
§8A-5-10. Appeal Process - (a) An appeal may be made by an aggrieved person...
§8A-5-11. Effect of Approval of Land Development Plans and Plats - A land development plan and plat that has not been...
§8A-5-12. Vested Property Right - (a) A vested property right is a right to undertake...
Article 6. Methods of Security
§8A-6-1. Bond Requirements - (a) If a bond is used as an acceptable method...
§8A-6-2. Conditions as Part of Final Plat Approval - (a) A subdivision and land development ordinance may provide for...
§8A-6-3. Enforcement and Guarantees - (a) The planning commission is vested with all the necessary...
Article 7. Zoning Ordinance
§8A-7-1. Authority for Zoning Ordinance - (a) The governing body of a municipality or a county...
§8A-7-2. Contents of Zoning Ordinance - (a) The following must be considered when enacting a zoning...
§8A-7-3. Zoning -- Generally - (a) A zoning ordinance may cover a county's entire jurisdiction...
§8A-7-4. Study and Report on Zoning - (a) After adoption of a comprehensive plan and before enacting...
§8A-7-5. Enactment of Zoning Ordinance - (a) After the study and the report, and before the...
§8A-7-6. Filing the Zoning Ordinance - After the enactment of a zoning ordinance by a governing...
§8A-7-7. Election on a Zoning Ordinance - (a) The governing body of a municipality or a county...
§8A-7-8. Amendments to the Zoning Ordinance by the Governing Body - (a) Before amending the zoning ordinance, the governing body with...
§8A-7-8a. Requirements for Adopting an Amendment to the Zoning Ordinance - (a) After the enactment of the zoning ordinance, the governing...
§8A-7-9. Amendments to the Zoning Ordinance by Petition - (a) After the enactment of the zoning ordinance, the planning...
§8A-7-10. Effect of Enacted Zoning Ordinance - (a) After enactment of a zoning ordinance by a municipality...
§8A-7-11. Variance - (a) A variance is a deviation from the minimum standards...
§8A-7-12. Validation of Prior Zoning Ordinance - All zoning ordinances, all amendments, supplements and changes to the...
§8A-7-13. Process to Replace Nontraditional Zoning Ordinance - (a) A governing body that has adopted or enacted a...
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...
§8A-8-2. Continuation of Established Boards of Zoning Appeals - A board of zoning appeals established prior to the effective...
§8A-8-3. Municipal Board of Zoning Appeals - (a) A municipal board of zoning appeals shall have five...
§8A-8-4. County Board of Zoning Appeals - (a) A county board of zoning appeals shall have five...
§8A-8-5. Board of Zoning Appeals Meetings - (a) A board of zoning appeals shall meet quarterly and...
§8A-8-6. Quorum - A board of zoning appeals must have quorum to conduct...
§8A-8-7. Officers - At its first regular meeting each year, a board of...
§8A-8-8. Governing Body's Duties - The county commission in the case of a county board...
§8A-8-9. Powers and Duties of Board of Zoning Appeals - A board of zoning appeals has the following powers and...
§8A-8-10. Appeal to Board of Zoning Appeals - §8A-8-10. Appeal to board of zoning appeals. (a) An appeal...
§8A-8-11. Notice and Hearing of Appeal - (a) Within ten days of receipt of the appeal by...
§8A-8-12. Stays; Exception - (a) When an appeal has been filed with the board...
Article 9. Appeal Process
§8A-9-1. Petition for Writ of Certiorari - (a) Every decision or order of the planning commission, board...
§8A-9-2. Notice to Adverse Parties - (a) Upon filing a petition for a writ of certiorari...
§8A-9-3. Court Action on Petition - (a) Within twenty days after a petition for a writ...
§8A-9-4. Stay of Work on Allowance of Writ - (a) The allowance of the writ of certiorari shall not...
§8A-9-5. Return to Writ - (a) The return to the writ of certiorari by the...
§8A-9-6. Action by Circuit Court or Judge - (a) The court or judge may consider and determine the...
§8A-9-7. Appeal From Final Judgment of Circuit Court or Judge - An appeal may be taken to the West Virginia Supreme...
Article 10. Enforcement Provisions
§8A-10-1. Enforcement - The governing body of a municipality or county may: (1)...
§8A-10-2. Penalty - A person who violates any provision of this chapter is...
§8A-10-3. Injunction - (a) The planning commission, board of subdivision and land development...
§8A-10-4. Special Provisions - (a) The planning and zoning provisions of this chapter are...
§8A-10-5. General Repealer - All acts or parts of acts, including special legislative charters,...
Article 11. Special Provisions
§8A-11-1. Standards for Factory-Built Homes - (a) Notwithstanding any existing provisions of law, municipal or county...
§8A-11-2. Permitted Use for Group Residential Facility - (a) A group residential facility as defined in article seventeen,...
Article 12. Voluntary Farmland Protection Programs
§8A-12-1. Legislative Findings and Purpose - (a) The Legislature hereby finds and declares that agriculture is...
§8A-12-2. County Farmland Protection Programs and Farmland Protection Boards Authorized; Authority of County Commission to Approve Purchase of Farmland Easements; Expense Reimbursement of Actual Expenses for the Board Members - (a) The county commission of each county may adopt and...
§8A-12-3. Content and Requirements of Farmland Protection Programs - (a) An adopted farmland protection program shall include only those...
§8A-12-4. Farmland Protection Boards -– Appointment, Composition, Terms - (a) Composition. -- A farmland protection board shall be composed...
§8A-12-5. Farmland Protection Boards -– Powers - A farmland protection board has the following general powers: (a)...
§8A-12-6. Farmland Protection Board Duties - The duties of each farmland protection board are as follows:...
§8A-12-7. West Virginia Agricultural Land Protection Authority -– Established - A West Virginia agricultural land protection authority is established within...
§8A-12-8. West Virginia Agricultural Land Protection Authority -– Board of Trustees - (a) Composition; chairman; quorum; qualifications. -- The authority established on...
§8A-12-9. West Virginia Agricultural Land Protection Authority -– Powers - The authority has the following general powers: (a) Power to...
§8A-12-10. West Virginia Agricultural Land Protection Authority -– Duties - The authority shall: (a) Disseminate information regarding agricultural land protection...
§8A-12-11. Definitions - For purposes of the voluntary farmland protection programs, the following...
§8A-12-12. Methods of Farmland Protection - (a) The authority or a county farmland protection board may...
§8A-12-13. Offer of Conservation or Preservation Easements - (a) Owner may offer to sell or donate a conservation...
§8A-12-14. Value of Conservation or Preservation Easement - (a) Maximum value. -- The maximum value of any conservation...
§8A-12-15. Criteria for Acquisition of Conservation and Preservation Easements by County Farmland Protection Boards and the Authority - The authority and county farmland protection boards, in ranking applications...
§8A-12-16. Use of Land for Which Conservation or Preservation Easement Acquired - (a) Provisions to be included in conservation or preservation easement...
§8A-12-17. Funding of Farmland Protection Programs - (a) County funds. -- (1) Creation of county funds. --...
§8A-12-18. Disbursements by the Authority to County Farmland Protection Boards - (a) Applications; amount. -- If a county has established a...
§8A-12-19. Classification of Land Subject to Conservation or Preservation Easement - Notwithstanding any statute or rule to the contrary, any property...
§8A-12-20. Authorization for Commissioner of Agriculture to Promulgate Proposed Rules - The commissioner of agriculture may propose rules for legislative approval...
§8A-12-21. Tax on Privilege of Transferring Real Property - (a) Notwithstanding the provisions of section two, article twenty-two, chapter...