(A) Zoning of annexed lands. Zoning classification for any land annexed into the city shall be established by ordinance, pursuant to W.Va. Code Ch. 8A, Art. 7, simultaneously with the adoption of the annexation resolution required by W.Va. Code Ch. 8, Art. 6, as amended. City Council shall hear zoning recommendations from the Planning Commission for the subject area during the required hearing for annexation. Prior to any hearings, the Elkins Planning Commission shall submit its written recommendations, to be consistent with the comprehensive plan, to City Council at least 30 days prior to the hearing for annexation.
(1) Prior to the annexation hearing and formal zoning designation of any parcel(s) of land being annexed, the city shall, at least 30 days prior to the enactment of the zoning map amendment:
(a) Give written notice, by certified mail, to the landowner(s) whose property is directly involved in the proposed amendment; and
(b) Publish a notice of the proposed amendment to the zoning ordinance map as a Class II-0 legal advertisement, pursuant to W.Va. Code Ch. 59.
(2) After the required 30-day notice period ends and the property owners have been notified by certified mail, the City Council shall hold a public hearing regarding the zoning designation of the newly annexed land. After the hearing, City Council can, by ordinance, designate the zoning districts for the annexed land.
(B) Vacated areas. Whenever any street, place, alley, public right-of-way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the districts adjoining each side of such street, place, alley, public way, railroad right-of-way, waterway, or similar area shall be extended automatically to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate provisions of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all of the vacated area.
(C) Zoning of lands unzoned within the city. Zoning of any unzoned lands within the city shall be zoned and assigned a zoning district by ordinance, pursuant to W.Va. Code Ch. 9A, Art. 7. City Council shall hear zoning recommendations from the Planning Commission for the subject area. Prior to any hearing, the Planning Commission shall submit its written recommendations, to be consistent with the comprehensive plan to the City Council at least 30 days prior to the hearing for zoning.
(1) Prior to the zoning hearing and formal designation of any unzoned parcel(s) of land being zones, the city shall, at least 30 days prior to the enactment of an ordinance amending the zoning map:
(a) Give written notice, by certified mail, to the landowner(s) whose property is directly involved in the proposed zoning and amendment to the zoning map; and
(b) Publish a notice of the proposed amendment to the zoning ordinance map as a Class II-0 legal advertisement, pursuant to W.Va. Code Ch. 59.
(2) After the required 30-day notice period ends and the property owners have been notified by certified mail, the City Council shall hold a public hearing regarding the zoning designation of the unzoned land. After the hearing, City Council can, by ordinance, designate the zoning district for the unzoned land, treating the unzoned land in the same manner that vacated land is treated in division (B) above.
(Ord. 301, passed 8-18-2022; Ord. 317, passed 12-7-2023)