SB 175

Prohibiting counties from double-taxing rental properties

(a) All taxes assessed against owners of residential rental properties by a county or municipality must be at the same rate as if the rental property were owner-occupied housing.

(b) No county or municipality may assess any additional property taxes on residential

rental properties based on zoning.

In Senate Committee

SB 278

Prohibiting obscene materials in or within 2,500 feet of WV schools

As stated in subheading.

Could affect current zoning/land use within cities/counties.

In Senate Committee

HB 2105

Citizen and State Accountability Act

Requires the Governor’s consent to accept certain grants.

May cause issues if applying for grants related to zoning.

In House Committee

HB 2148

Relating to the Tourism and Commercial Opportunity Zone Tax and Tax Credit Act

That any Tourism and Commercial Opportunity Zone created pursuant to the authority of §11-13PP-1 et seq. shall take precedence over and supersede any local or county land use ordinance in conflict with such Tourism and Commercial Opportunity Zone.

Affects zoning within these areas.

In House Committee

HB 2189

To modify local permitting deadlines for permits, licenses, variances, or other types of approval from a governing body or planning commission of a municipality or county

The governing body or planning commission of the municipality or county must approve or deny the applicant's request within 60 days

Does not outline what constitutes receipt, is in direct conflict with other portions of 8A.

In House Committee

HB 2451

To facilitate the creation of home-based businesses

A municipality shall not prohibit a no-impact home-based business or otherwise require a person to apply, register, or obtain any permit, license, or other type of prior approval from the municipality to operate a no-impact home-based business as defined as (1) The total number of on-site employees and clients do not exceed the municipal occupancy capacity. (2) The business activities are characterized by all of the following: (A) Are limited to the sale of lawful goods and services; (B) Do not generate on-street parking or a substantial increase in traffic through the residential area; (C) Occur inside the residential dwelling or in the yard; (D) Are not visible from the street.

Impacts zoning ordinances

In House Committee

HB 2454

Relating to clarifying the Right to Farm Act relating to residential agricultural operations and the protection of agriculture

No town, city, municipality, or political subdivision may prohibit urban agriculture or agricultural residential land or cause a permit or license to be issued or obtained to engage in the practice of urban agriculture as defined as "Agricultural residential land" means any amount of land zoned for residential purposes, and the improvements or appurtenances thereon, used or usable for the purposes of urban agriculture in the production of food for consumption by the owner or operator of the residential agricultural land, or for the production and sale of non-potentially hazardous foods as defined by §19-35-2, limited to cultivation or tillage of the soil and by the conduct of apiary or poultry husbandry, and the practice of silviculture, horticulture, harvesting of silviculture conducted by the proprietor of the agricultural residential land, and all farm practices "Urban agriculture" means the keeping, maintaining, raising, and/or harboring of up to six domesticated chicken hens or any apiary within any town, city, municipality, or political subdivision for personal consumption or the production and sale of a non-potentially hazardous food.

Impacts zoning ordinances

In House Committee

HB 2592

Right to keep and bear arms

Make all future federal, state and local statutes, ordinances, laws, orders and rules concerning firearms, firearm accessories, ammunition and their accouterments invalid and unenforceable.

Notwithstanding the provisions of this article, local governments may enact zoning ordinances to regulate the manufacture of arms and ammunition, pursuant to chapter 8A of this code: Provided, That the regulation does not restrict or hamper the manufacture more than any other comparable industry within the jurisdiction of the local government.

Impacts zoning ordinances

In House Committee