678 sections in this chapter.
W. Va. Code § 8-38-16 Bonds issued to finance economic opportunity development district projects
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(a) General. -– The municipality that established the economic opportunity development district may issue bonds or notes for the purpose of financing development expenditures, as described in section five of this article, with respect to one or more projects within the economic o…
W. Va. Code § 8-38-17 Security for bonds
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(a) General. -– Unless the municipality otherwise determines in the ordinance authorizing the issuance of the bonds or notes under the authority of this article, there is hereby created a statutory lien upon the subaccount created pursuant to section eight of this article and all…
W. Va. Code § 8-38-18 Redemption of bonds
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The revenue bonds issued pursuant to this article may contain a provision therein to the effect that they, or any of them, may be called for redemption at any time prior to maturity by the municipality and at the redemption prices or premiums, which terms shall be stated in the b…
W. Va. Code § 8-38-19 Refunding bonds
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(a) Any bonds issued under this article and at any time outstanding may at any time, and from time to time, be refunded by a municipality by the issuance of its refunding bonds in amount as the municipality considers necessary to refund the principal of the bonds to be refunded, …
W. Va. Code § 8-38-2 Legislative findings and declaration of purpose
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The Legislature finds that many significant business opportunities initiated within municipalities of this state face financial and other economic obstacles. The Legislature further finds that there are undeveloped, underdeveloped or seriously deteriorated development areas withi…
W. Va. Code § 8-38-20 Use of proceeds from sale of bonds
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(a) General. -– The proceeds from the sale of any bonds issued under authority of this article shall be applied only for the purpose for which the bonds were issued: Provided, That any accrued interest received in any sale shall be applied to the payment of the interest on the bo…
W. Va. Code § 8-38-21 Bonds made legal investments
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Bonds issued under the provisions of this article are legal investments for banks, building and loan associations and insurance companies organized under the laws of this state and for a business development corporation organized pursuant to chapter thirty-one, article fourteen o…
W. Va. Code § 8-38-22 Exemption from taxation
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The revenue bonds and notes issued pursuant to this article and the income therefrom are exempt from taxation except inheritance, estate and transfer taxes; and the real and personal property which a municipality or district board acquires pursuant to the provisions of this artic…
W. Va. Code § 8-38-23 Joint economic opportunity development districts
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(a) The Legislature hereby finds and declares that the citizens of the state would benefit from coordinated road construction efforts by county commissions and municipalities. (b) Notwithstanding any other section of this code to the contrary, any two or more county commissions, …
W. Va. Code § 8-38-24 Application by Division of Highways
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(a) The Commissioner of Highways may propose the creation by a county commission of an economic opportunity development district and project plans, or propose amendments to existing project plans. (b) Projects proposed by the Commissioner of Highways are limited to those related …
W. Va. Code § 8-38-3 Definitions
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For purposes of this article, the term: (1) "Affordable housing" means housing that could be purchased with a cash down payment of at least ten percent and the proceeds of a mortgage loan, the monthly principal and interest payments on which do not exceed thirty percent of the gr…
W. Va. Code § 8-38-4 Authorization to create economic opportunity development districts
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A municipality may, in accordance with the procedures and subject to the limitations set forth in this article: (1) Create one or more economic opportunity development districts within its limits; (2) Provide for the administration and financing of development expenditures within…
W. Va. Code § 8-38-5 Development expenditures
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Any municipality that has established an economic opportunity development district under this article may make, or authorize to be made by a district board and other public or private parties, development expenditures as will promote the economic vitality of the district and the …
W. Va. Code § 8-38-6 Notice; hearing
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(a) General. -- A municipality desiring to create an economic opportunity development district shall conduct a public hearing. (b) Notice of hearing. -- Notice of the public hearing shall be published as a Class I-0 legal advertisement in compliance with article three, chapter fi…
W. Va. Code § 8-38-7 Application to Development Office for approval of an economic opportunity development district project
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(a) General. -- The Development Office shall receive and act on applications filed with it by municipalities pursuant to section six of this article. Each application must include: (1) A true copy of the notice described in section six of this article; (2) The total cost of the p…
W. Va. Code § 8-38-8 Establishment of the Economic Opportunity Development District Fund
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(a) General. -- There is hereby created a special revenue account in the State Treasury designated the "Economic Opportunity Development District Fund" which is an interest-bearing account and shall be invested in the manner described in section nine-c, article six, chapter twelv…
W. Va. Code § 8-38-9 Authorization to levy special district excise tax
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(a) General. — Municipalities have no inherent authority to levy taxes and have only that authority expressly granted to them by the Legislature. The Legislature is specifically extended, and intends by this article to exercise certain relevant powers expressed in section six-a, …
W. Va. Code § 8-39-1 Accessible municipal records; required information
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(a) Beginning on or before December 31, 2020, each municipality may maintain a website that provides the following information accessible to the public without charge: (1) The title and name of each elected office holder; (2) The contact information of each elected office holder,…
W. Va. Code § 8-40-1 Definitions
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(a) "Goods" means any merchandise, equipment, products, supplies, or materials. (b) "Home-based business" means any business for the manufacture, provision, or sale of goods or services that is owned and operated by the owner or tenant of a residential dwelling where the commerci…
W. Va. Code § 8-40-2 Permitted use
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(a) The use of a residential dwelling for a home-based business is a permitted use, except that this permission does not supersede or abrogate any of the following: (1) Any deed restriction, covenant, or agreement restricting the use of land; or (2) Any deed, by-law, or other doc…
W. Va. Code § 8-40-3 Reasonable regulations
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(a) A municipality may establish reasonable regulations on a home-based business where the regulation is rationally related to a legitimate government interest including, but not limited to, any of the following purposes: (1) The protection of the public health and safety, as def…
W. Va. Code § 8-40-4 Limited conditions
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(a) A municipality shall not require a person as a condition of operating a home-based business to: (1) Rezone the property for commercial use; (2) Install or equip fire sprinklers in a single-family detached residential dwelling or any residential dwelling with not more than two…
W. Va. Code § 8-40-5 Review
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In any proceeding alleging that a municipal regulation violates §8-40-3 or §8-40-4 of this code, the municipality that enacted the regulation shall be required to establish that the regulation complies with the provisions of this article.
W. Va. Code § 8-41-1 Short title
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This article may be cited as the Small Business Protection Act.
W. Va. Code § 8-41-2 Intent and legislative findings
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(a) It is the legislative intent and purpose of the Small Business Protection Act to improve state rulemaking by creating procedures to analyze the availability of more flexible regulatory approaches for small businesses. (b) The legislature finds that: (1) A vibrant and growing …
W. Va. Code § 8-42-1 Definitions
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As used in this article: (a) "Accessory dwelling unit" means a self-contained and independently accessed living unit on the same parcel as a single-family dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and complies with, or i…
W. Va. Code § 8-42-2 Prohibition on policy regulations restricting accessory dwelling units
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(a) Except as provided in this article, a municipality shall not adopt a policy, regulation, or ordinance that restricts, prohibits, or otherwise regulates the use of at least one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling. (b) An a…
W. Va. Code § 8-42-3 Exemptions
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(a) This article does not prohibit a municipality from regulating short-term rentals. (b)(1)(A) A municipality may require a fee for reviewing applications to create accessory dwelling units; and (B) The application fee may not exceed $250 for each accessory dwelling unit. (2) Su…