West Virginia Code 8A-7-2 – Contents of zoning ordinance
(a) The following must be considered when enacting a zoning ordinance:
Terms Used In West Virginia Code 8A-7-2
- Conditional use: means a use which because of special requirements or characteristics may be permitted in a particular zoning district only after review by the board of zoning appeals and upon issuance of a conditional use permit, and subject to the limitations and conditions specified in the zoning ordinance. See West Virginia Code 8A-1-2
- Exterior architectural features: means the architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color and texture of the building material, and the type, design and character of all windows, doors, massing and rhythm, light fixtures, signs, other appurtenant elements and natural features when they are integral to the significance of the site, all of which are subject to public view from a public street, way or place. See West Virginia Code 8A-1-2
- Factory-built homes: means modular and manufactured homes. See West Virginia Code 8A-1-2
- Governing body: means the body that governs a municipality or county. See West Virginia Code 8A-1-2
- Historic district: means a geographically definable area, designated as historic on a national, state or local register, possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. See West Virginia Code 8A-1-2
- Permitted use: means any use allowed within a zoning district, subject to the restrictions applicable to that zoning district and is not a conditional use. See West Virginia Code 8A-1-2
- Plan: means a written description for the development of land. See West Virginia Code 8A-1-2
- 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
(1) Promoting general public welfare, health, safety, comfort and morals;
(2) A plan so that adequate light, air, convenience of access and safety from fire, flood and other danger is secured;
(3) Ensuring attractiveness and convenience is promoted;
(4) Lessening congestion;
(5) Preserving historic landmarks, sites, districts and buildings;
(6) Preserving agricultural land; and
(7) Promoting the orderly development of land.
(b) A zoning ordinance may include the following:
(1) Regulating the use of land and designating or prohibiting specific land uses;
(2) Authorizing flexible planning standards to create, redevelop, reuse, protect and enhance the physical qualities of the community;
(3) Designating historic districts and regulating the uses of land and the design of buildings within the historic district;
(4) Establishing corridor overlay districts to achieve land design goals and regulating the uses of land within the corridor overlay districts;
(5) Establishing design standards and site plan approval procedures;
(6) Dividing the land of the governing body into different zone classifications regulating the use of land, establishing performance standards for various land uses when dividing is not desired or any combination of both;
(7) Authorizing overlay districts and special design districts within which specific additional development standards for each permitted, accessory and conditional use shall apply;
(8) Regulating the height, area, bulk, use and architectural features of buildings, including reasonable exterior architectural features and reasonable aesthetic standards for factory-built homes;
(9) Authorizing a process and standards for factory-built homes: Provided, That a governing body is prohibited from establishing a process and standards for regulating factory-built homes that is more restrictive than a process and standards for site-built homes;
(10) Preserving green spaces and requiring new green spaces, landscaping, screening and the preservation of adequate natural light;
(11) Regulating traffic flow and access, pedestrian flow and access, parking and loading;
(12) Identifying flood-prone areas subject to periodic flooding and regulating with specific control the permitted use, type of construction and height of floor levels above base flood elevation permitted in the area so as to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or flood waters;
(13) Designating an airport area and establishing land-use regulations within a specific distance from the boundaries of the airport;
(14) Authorizing planned unit developments to achieve more efficient use of land and setting standards and regulations for the developments; and
(15) Identifying, establishing and designating urban growth boundaries, as defined in section four-a, article six, chapter eight of this code, for municipalities.
(c) A zoning ordinance shall:
(1) Create a board of zoning appeals;
(2) Specify certification requirements for zoning district maps that are consistent with the governing body's comprehensive plan;
(3) Adopt procedures and requirements for nonconforming land uses;
(4) Adopt procedures and requirements for variances; and
(5) Adopt procedures and requirements for conditional use permits.