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Home moncpc Frequently Asked Questions

This is a list of general frequently asked questions regarding the planning office. To see those questions related directly to the draft subdivison and land development ordinance, please go here.

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. Why does the County not just introduce Impact Fees?

In order for the County Commission introduce Impact Fees, they must follow the regulations outlined in WV §7-20 “Local Powers Act” . The basic criteria to implement collection of fees is found under WV §7-20-6.

The main requirements to implement impact fees are:

1) demonstration that the population growth:

shows an increase in excess of one percent annually averaged over a five-year period since the last census count; or
demonstrates a total population growth rate projection of one percent per annum for an ensuing five-year period from the current official population estimate of the county

At this time (April 2017) the county meets this requirement.

2) adoption of the countywide comprehensive plan

The Mon County Comprehensive Plan is currently only for the four planning districts.

3) reviewing and updating said comprehensive plan at 5 year intervals

The comprehensive plan is currently updated every 10 years as required by WV §8A.

4) adoption of a comprehensive zoning ordinance

Only the West Run Planning District is zoned at this time.

5) adoption of a subdivision control ordinance

While Mon County has entertained possible subdivision regulations, the County Commission has not enacted such regulations.

6) enforcement of the state building code

Mon County does not currently enforce the state building code.

7) enacting an affordable housing component (WV §7-20-7a)

This component is only required if impact fees are enacted by a government body.

6. Why is only a small portion of the county zoned?

Within the enabling legislation for Planning and Zoning in West Virginia, WV §8A, there are two methods for enacting zoning ordinance.

The first is through the governing body (In Mon County’s case, the County Commission). At a minimum, this requires two public hearings and a public notice to be published in a local newspaper as a Class II legal ad. Once the requirements have been met, the governing body may then adopt the ordinance via a resolution.

The second is through a public vote via referendum which can be held during any primary election. A notice for the referendum is to be published in a local newspaper as a Class II legal ad. If the referendum passes, it becomes effective on the date the results of the election is declared.

WV 8A also 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.

The County Commission, at this time is only entertaining zoning regulations via a public vote. In addition, zoning will only be put into effect for entire voting districts. If persons within the county wish to have zoning in their area, they must bring forth a petition to the County Commission at which point second method listed about would be followed.

7. Do I need a Floodplain Permit?

Within Mon County all areas prone to flooding fall under the Floodplain Ordinance. If, when looking up the property on the Mon County GIS Website, you find that all or part of your property falls within the designated floodplain area, please contact Floodplain Coordinator Michael Paugh, CFM at 304-413-0291.

8. When is a Land Use Permit required?

Under the Ordinance; "the construction, enlargement, moving, reconstruction of a structure or change of use" requires for a review by the MCPC, (via an application), and, at a minimum, a Land Use Permit issued. As a basic guideline within the West Run Zoning District the following items require a permit:

Construction of or addition to a residence
Construction of or addition to a commercial, industrial, agricultural or other venture
Construction of a patio or sidewalk
Construction or complete replacement of a deck
Construction of or addition to a paved driveway
Installation of outbuildings such as sheds, garages, or shelters
Installation of an in-ground pool
Construction of a paver walk way or paver patio with sand seams (top/right) or with grouting (bottom/left):

patio w grouting
Please note that this list is not all inclusive. For other items not listed please feel free to contact the MCPC.

9. Can I do general maintenance without a Land Use Permit?

Yes, the following projects do not require a Land Use Permit:

Construction of a fence
Installation of landscaping such as flowers, woodchips, trees or the like
Installation of a retaining wall
In kind replacement of a driveway, sidewalk, or patio
Maintenance of onsite structures including residing, reroofing, replacement of windows or doors
Maintenance of, but not complete removal and replacement of, a deck
Interior work only
Construction of a paver walk way or paver patio with gravel seams (top/right) or spacing (bottom/left):

Gravel-Seam-Pavers

Spacing-Pavers
Please note that this list is not all inclusive. For other items not listed please feel free to contact the MCPC.

10. Do I need a building permit?

While West Virginia has a State Building Code there is no local enforcement of building code at this time. The State Fire Marshal has Fire Safety Inspection Division and a Plans and Review Section which handle industrial, commercial and multi-family inspections.

Besides the State Fire Marshal, within Mon County, a Division of Highways Encroachment Permit must be applied for, and a Real Property Improvement Form must be filled out from the County Assessor. Please click on the Community Tab to find it.

11. Why hasn't the county fixed the roads?

Within the State of West Virginia, all roads fall into one of four categories:

Municipal Maintained

These are roads which are under Municipal jurisdiction and the Municipality is responsible for their upkeep. The City of Morgantown has a Public Works/Streets Department. In addition, the West Virginia Department of Transportation has a list of city maps.

Privately Maintained

These are roads which are maintained via a Uniform Common Interest, such as a Home Owners Association, Commercial Cooperative or other such entity as created under West Virginia §36B which governs all such communities created after July 1, 1986.

Division of Highways (DOH) Maintained

In 1932 the West Virginia legislature pass the West Virginia Tax Limitation Amendment, which limits the amount of funds that might be raised from local property taxes to such a degree that it is determined the counties will no longer be able to finance the construction and maintenance of local roads.

Due to this, the legislature passes an act that placed practically all roads in the State Road System and relieved the counties of the responsibility of their upkeep. Mon County is part of District Four of the DOH system. The DOH also has several different types of maps several different types of maps available such as functional classification, and county general highway.

Abandoned

These are roads which do not fall under the three previous categories, and have no official avenue for ensuring maintenance of the road.

12. Under zoning, am I not going to be allowed to .... "Paint My House a Certain Color.” - “Put a Doghouse In My Backyard.” - "Build a Deck On To My House", etc?

No. Zoning controls use of the land. This includes types of uses (residential, commercial, industrial, etc.), as well as basic issues such as setbacks and lot sizes. Homeowners associations sometimes restrict things such as paint colors, types of sheds, fencing, lighting, etc.

There are other police powers such as:

1) Building Codes - address materials and construction
2) Subdivision Regulations - control the subdivision of the land
3) Environmental Health - regulates food establishments as well as private on-site sewage systems and water wells

These may in one way or another may place limitations or requirements on development. Provisions under all this types of controls are often confused with one another; but zoning deals with the land uses.

13. If I have an existing business but now my property is going to be zoned residential, am I going to have to close my business?

If you currently have a business or other use that becomes "nonconforming", it will be permitted to continue operating and will not have to close. This provision is called "grandfathering" and allows existing businesses and other uses to continue to operate.

Should the nonconforming use stop for a year and a day of the owner's own volition (this does not include fires, floods, or other 'Acts of God') then the nonconforming use will not be permitted any longer. Expansions of such businesses will require approval by the Board of Zoning Appeals, a County-appointed board made up of members from your community. Article 2350 addresses nonconforming provisions of the Ordinance.

14. 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 (see 36B-3-102)

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

Provide for upkeep of the common property (§36B-3-107)
Hold an HOA meeting at least once per year which includes pre-notification of said meeting at between 10-60 prior to the meeting (§36B-3-108)
Hold property insurance and liability insurance where required (§36B-3-113)
Keep financial records where required (§36B-3-118)
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 (see WV 8A-7)

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 (§8A-3-11)
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 (§8A-2-7)
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 (§36B-3-108)
Keep an accurate record of all proceedings (§8A-2-11)
Enforce the zoning ordinance requirements (8A-7-2).

15. 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.

BANANA (banana) Build Absolutely Nothing Anywhere Near Anything: Persons who want the area they live in to be stagnant and have no growth.

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.

CAVEman (caveman) Citizen against virtually everything: Persons against any type of development. See BANANAs.

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.

If you have any additional questions, please contact the County Planning Office at 304-291-9570.