(A) If within 60 days following adoption of an amendment to this chapter by Council a petition is filed with the Recorder praying for submission of such amendment for approval or rejection to the qualified voters residing in the areas within the jurisdiction of the Planning Commission, such amendment shall not take effect until the same shall have been approved by a majority of the legal votes cast thereon at any regular primary or general election or special election called for that purpose.
(B) The petition may be in any number of counterparts but must be signed in their own handwriting by a number of qualified voters residing in the area affected by the proposed zoning, equal, not withstanding the provisions of W.Va. Code Ch. 8, Art. 1, § 2(b)(10), to not less than 15% of the total legal votes cast in the affected area for all candidates for governor at the last preceding general election at which a governor was elected. Only qualified voters residing in the area who are affected by the proposed ordinance shall be eligible to vote with respect thereto.
(C) Upon the ballots, or ballot labels where voting machines are used, there shall be written or printed the following:
For Zoning
Against Zoning
(D) If a majority of the legal votes cast upon the question be for zoning, the provisions of such zoning ordinance shall, upon the date the results of such an election are declared, be effective. If a majority of the legal votes cast upon the question be against zoning, such zoning ordinance shall not take effect, but the question may again be submitted to a vote at any regular primary or general election in the manner herein provided.
(E) Subject to the provisions of division (D) above, voting upon the question of zoning may be conducted at any regular primary or general election or special election, as the governing body of the municipality or the County Court in its order submitting the same to a vote may designate.
(F) Notice of all elections at which the question of zoning is to be voted upon shall be given by publication of the order calling for a vote on such question as a Class 11-0 legal advertisement in compliance with the provisions of W.Va. Code § 59-3-2, and the publication area for such publication shall be the area in which voting on the question of zoning is to be conducted.
(G) Any election at which the question of zoning is voted upon shall be held at the voting precincts established for holding primary or general elections. All of the provisions of the general election laws of this state concerning primary, general or special elections, when not in conflict with the provisions of this subchapter, shall apply to voting and elections hereunder, insofar as practicable.
(1986 Code, § 1341.06) (Ord. passed 1-28-1991)