FAQ

Frequently Asked Questions

This is a list of general frequently asked questions regarding planning and zoning.

1. What Is Planning?

Planning, also sometimes referred to as urban planning or city and regional planning, is a dynamic profession that works to improve the welfare of people and their communities by creating more convenient, equitable, healthful, efficient, and attractive places for present and future generations. Planning enables civic leaders, businesses, and citizens to play a meaningful role in creating communities that enrich people's lives. Land Use Planning is a process of organizing the use of land and resources to best meet people’s needs according to the land’s capabilities. Good planning helps create communities that offer better choices for where and how people live. Planning helps communities to envision their future. It helps them find the right balance of new development and essential services, environmental protection, and innovative change. Land use planning results in the preparation of a Comprehensive Plan, which forms the basis for future growth and development in the community.

2. What Is Zoning?

Zoning is defined as a legislative process through which the local governing body (under power delegated it by the state zoning enabling law) divides the planning district into districts or zones, and adopts regulations concerning the use of land and the placement, spacing, and size of buildings. The primary goal of zoning is to avoid or minimize disruptive land use patterns involving incompatible land uses and to protect public health, safety, and welfare. A zoning ordinance must be based in the concept of general welfare and serve a “public purpose”. The “Public Purpose” is to prevent landowners and tenants from using their site to the detriment of the general welfare of the community at large.

Zoning provides for the division of a jurisdiction into districts to:

• Enable the regulation of land according to the nature and use of the land;
• Promote the orderly development of the land;
• Protect the public health, safety, and general welfare.
• Plan in order that adequate light, air, convenience of access, and safety from fire, flood, and other danger is secured.
• Provide for the division of a community into areas which specify allowable uses for real property and size restrictions for buildings within these areas
• Establish regulations that govern where land uses are permitted – residential, commercial, mixed, industrial, public, etc.
• Establish regulations that govern lot size, building bulk, placement, height, buffering, etc.
• Permit the enjoyment of all property rights so long as the owner does not infringe upon or impair the exercise of the same rights of others.

3. What is the difference between a Comprehensive Plan and Zoning?

The purpose of a comprehensive plan is guide the governing body to accomplish a coordinated and compatible development of land and improvements within its jurisdiction. A comprehensive plan designates where the public would like to see the jurisdiction go in terms of land development, recreation opportunities, historical and agricultural protection, and other elements.

The purpose of a zoning ordinance is to regulate types of land use to prevent incompatible uses from being adjacent to one another and to prevent landowners and tenants from using their site to the detriment of the general welfare of the community at large.

The Supreme Court of West Virginia has recently heard a case regarding this exact issue, Donald Largent v Zoning Bd of Appeals for the Town of Paw Paw (2008). The court noted that “comprehensive plans and zoning ordinances are two separate tools to be used in the scheme of municipal land utilization, in that… the comprehensive plan is the policy statement, and it is zoning ordinances that have the force and effect of law”.

4. What Is In a Zoning Ordinance?

A zoning ordinance consists of two parts: a map and text. The zoning map shows how the community is divided into different use districts or zones. Zoning districts common to most ordinances include residential, commercial, industrial, and agricultural. The zoning map must show precise boundaries for each district. Consequently, zoning maps rely on street or property lines as boundaries within a district. The West Run District outer boundaries follow precinct lines, for ease of a public vote on the Ordinance. The zoning text serves two important functions. First, it explains the zoning rules that apply in each zoning district. These rules typically establish a list of land uses permitted in each district plus a series of specific standards governing lot size, building height, and required yard and setback provisions. Second, the text sets forth a series of procedures for administering and applying the zoning ordinance. The text is divided according to “sections” (or “articles”) for ease of reference.

5.What is the difference between Zoning and subdivision regulations?

The purpose of a zoning ordinance is to regulate types of land use to prevent incompatible uses from being adjacent to one another and to prevent landowners and tenants from using their site to the detriment of the general welfare of the community at large.

The purpose of subdivision regulations are guide the governing body to accomplish a coordinated and compatible subdivision of land and improvements within its jurisdiction including the coinciding infrastructure (utilities, roads, etc.). Subdivision regulations designate the development of land into smaller parcels of land to prevent undersized roads and lack of appropriate utilities during construction and allow for bonding in case of developer abandonment or bankruptcy. Without it there could be an absence of right-of-way requirements, utility requirements, road failure, etc., which could lead to issues such as basement flooding, bus and fire and ambulance turnaround and safety issues, vehicular accidents, and so on and so forth.

Please note that Subdivision Regulations ARE NOT Zoning Regulations. The Supreme Court of West Virginia has even spoken on this exact issue during Singer v Davenport (1980). The court noted that “the purpose of zoning is to provide an overall comprehensive plan for land use, while subdivision regulations govern the planning of new streets, standards for plotting new neighborhoods, and for the protection of the community from financial loss due to poor development”. Further while “different rules may be developed for differing categories of land based upon topography, the availability of services from existing public service districts, or the existence of highways”, the “planning commission is not entitled to block out a section of unzoned land and, to effect, forbid its subdivision regardless of how artfully they design their regulations to this end”. 

6.What is in subdivision regulations?

Subdivision regulations consists of three parts: a text, plats, and security. The text outlines how development of a subdivision may occur including provisions for a minor subdivision of land which is permitted, and a major subdivision of land which is heard by the planning commission. The plat is the actual drawing depicting the subdivision of the land and layout of items such as the roads, utilities, sidewalks, etc. The security outlines the methods of security for a subdivision plat in order to cover infrastructure construction should the developer be unable to finish the project.

7. What is the difference between HOAs and Zoning?

HOME OWNERS ASSOCIATION

Home Owner Associations are formed via WV §36B, which includes all common interest communities created after 1986. This only applies to developments 12 units and over. Under WV §36B these entities have the ability to enact fees for common property maintenance such as: Roads, Sewer and Water, Garbage Pickup and Onsite Amenities such as a community pool or park. HOAs can be terminated by agreement wherein 80% of the HOA participants agree to termination.

HOAs may:

• Adopt and amend bylaws and rules and regulations
• Collect assessments (HOA fees) for common property maintenance from unit owners. This includes items such as Roads, Sewer and Water, Garbage Pickup and Onsite Amenities such as a community pool or park.
• Employ a managing agent or other such employees
• Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself on matters affecting the common interest community
• Make contracts and incur liabilities
• Grant easements, leases, licenses, and concessions through or over the common elements
• Impose: charges for late payment of assessments, reasonable fines for violations, charges for the amendments to the declaration, resale certificates
• Among other things

In order to be considered an active HOA the following basics must be met (not all inclusive):

• Provide for upkeep of the common property
• Hold an HOA meeting at least once per year which includes pre-notification of said meeting at between 10-60 days prior to the meeting
• Hold property insurance and liability insurance where required
• Keep financial records where required
• Enforce bylaws and rules and regulations as required in the HOA declaration. In addition, HOA bylaws can restrict things such as building materials, house colors, etc.

HOAs only govern the area within the HOA. They do not protect you from incompatible uses adjacent to your subdivision or elsewhere in your community.

ZONING ORDINANCE

Zoning is permitted via WV §8A .  WV §8A allows for all or part of a county’s jurisdiction to be zoned. This is opposite of cities, which are required to have the entirety of the area zoned. Under WV §8A a government entity has the ability to use police power to protect the health, safety, welfare, and morals of the community as a whole.

Zoning may:

• Cover all or part of a county jurisdiction (it must cover the entire municipal jurisdiction)
• Collect assessments (HOA fees) for common property maintenance from unit owners. This includes items such as Roads, Sewer and Water, Garbage Pickup and Onsite Amenities such as a community pool or park.
• Employ a managing agent or other such employees
• Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself on matters affecting the common interest community
• Make contracts and incur liabilities
• Grant easements, leases, licenses, and concessions through or over the common elements
• Impose: charges for late payment of assessments, reasonable fines for violations, charges for the amendments to the declaration, resale certificates
• Among other things

In order to be considered an active Zoning Ordinance the following basics must be met (not all inclusive):

• Update the corresponding Comprehensive Plan once every 10 years
• Hold a Planning Commission meeting at least 4 times per year which includes pre-notification of said meeting at least 15 days prior to the meeting
• Hold a Board of Zoning Appeals meeting at least 4 times per year which includes pre-notification of said meeting at least 15 days prior to the meeting
• Keep an accurate record of all proceedings
• Enforce the zoning ordinance requirements

8. What does 'insert acronym' mean?

All acronyms are listed alphabetically. If the acronym has a pronunciation it will be immediately after the acronym in brackets.

AICP American Institute of Certified Planners: The APA verifies planner qualifications through diploma and work experience as well as a test.

APA American Planning Association: A national professional organization representing the fields of urban, rural, regional, transportation, environmental, etc., planners.

BMP Best Management Practices: Often stated when talking about construction when talking about preventing runoff and prevention of material waste.

BZA Board of Zoning Appeals: The committee within a planning commission which reviews variances, conditional use permits, and administrative appeals.

CC&R Covenants, Conditions, & Restrictions: Sometimes called bylaws, these are the restrictions built into the deeds of all lots. These are enforced by HOAs. See HOA.

CUP Conditional Use Permit: A permit for uses which can be conditionally approved within a district, ie. Dog Parks are a Conditional Use within the R-1 zoning district.

DOH Dept. of Highways: The department which takes care of the majority of the roads in West Virginia. See Question 11 for more information.

EPA Environmental Protection Agency: This is an agency of the federal government. Their regulations sometimes affect land use law, ie. Projects adjacent to waterways must get an NPDES permit prior to construction. See NPDES.

FAST (fast) Fixing America’s Surface Transportation: A federal Act funding federal surface transportation spending (Public Law 114-94, enacted 12-4-2015) as a five year bill. See MAP-21.

FAR Floor Area Ratio: The ratio of a building’s total floor area to the size of piece of land on which it is built (building area ÷ lot area), ie. The C-2 district has a maximum FAR of 50% so a lot of 20,000 sq. ft. can have up to 10,000 sq. ft. of floor area.

FEMA (fee-ma) Federal Emergency Management Agency: This is an agency of the federal government which responds to large scale disasters within the USA. They also do disaster mitigation, preparedness, recovery and education.

FIRM (firm) Flood Insurance Rate Map: The official map of a community on which FEMA has delineated special hazard areas and risk premium zones for flooding, applicable to the community.

GFA Gross Floor Area: The total area within the building measured to the external face of the external walls.

GIS Geographic Information Systems: A system designed to store, use, and present spatial or geographic data. Mon County uses GIS for flood, parcel, address, etc. data.

HOA Home Owners’ Association: A quasi-governmental group permitted under WV §36B which helps to maintain community property within a subdivision, such as roads or utilities. See Question 14 for more information.

IBC International Building Code: A model building code developed by the International Code Council. It is the base code standard for construction within most of the USA. West Virginia’s building code follows this standard. The IBC is used in 11 other countries besides the USA.

LOS Level of Service: A measurement related to the quality of traffic service by categorization of traffic flow. Roads have a level of A though F, A being free flow, and F being traffic jam conditions.

LULU (lou-lou) Locally Unacceptable Land Use: These are land uses persons do not want to see in their area, ie. Intensive/Industrial Farming, Adult Entertainment, or Landfills. Similar to NIMBYs.

LUP Land Use Permit: The MCPCs most basic permit, required for all development within the zoned areas of the county.

MAP-21 Moving Ahead for Progress in the 21st Century: A federal Act funding federal surface transportation spending (Public Law 112-141, enacted 7-6-2012) as a two year bill. See FAST.

MCPC Mon County Planning Commission: self-explanatory, it’s who we are and the website you are on is all about it.

(M)DSI (Major) Development of Significant Impact: Developments which can greatly impact utilities and roads, among other things. These developments must be approved by the MCPC.

MPO Metropolitan Planning Organization: Federally mandated transportation policy-making organization required for any urbanized area with a population greater than 50,000. West Virginia has 6 MPOs, one of which is in Morgantown.

NEPA (knee-pa) National Environmental Protection Act: This act requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions.

NIMBY (nim-bee) Not In My Back Yard: Persons who oppose a proposed development because it is close to them, often with the idea that such  developments are needed, but should be further away from them, ie. Homeless shelters/halfway houses, landfills, or adult entertainment. Similar to LULUs.

NPDES National Pollution Discharge Elimination System: The Clean Water Act prohibits anybody from discharging pollutants through a point source (ie. construction) into the water unless they have an NPDES Permit. See EPA.

NRCS National Resources Conservation Service: A federal agency under the US Dept. of Agriculture that provides technical assistance to farmers and other private landowners. It helps with soil surveying and classification as well as water quality improvement.

PUD (pud) Planned Unit Development: A type of development which is planned in advance of construction as to the type, number, and placement of all structures within the development.

RLUIPA (r-lou-pea-a) Religious Land Use & Institutionalized Persons Act: A federal law that prohibits burdens on the ability of prisoners to worship as the please and gives religious institutions a way to avoid burdensome zoning law restrictions on their property use.

ROW Right-of-Way: A type of easement granted/reserved over the land for transportation purposes. The right-of-way is reserved for the purposes of maintenance or expansion of existing services within the right-of-way. Private citizens cannot construct structures within the right-of-way.

SALDO (saul-doe) Subdivision & Land Development Ordinance: This ordinance governs the division of lot, tract, or parcel of land into two or more pieces. It often includes restrictions on road & utility development, as well as lot size & setback requirements.

SSZEA (sea-za) Standard State Zoning Enabling Act: A model law for US states to enable zoning regulations in their jurisdictions. It was first issued in 1922.

TDR/PDR Transfer or Purchase of Development Rights: In a PDR program a landowner voluntarily sells his development rights to a governmental agency or land trust. In a TDR program a landowner transfers his development rights from one area to another.

TOD Transit-Oriented Development: A type of community development that includes a mixture of housing, office, retail and/or other amenities in a walkable neighborhood and located within a half-mile of public transit.

UBC Uniform Building Code: A building code which outlined rules that specify the standards for construction of structures. It was replaced in 2000 by the IBC. See IBC.