Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
       2024 REGULAR SESSION
                ENGROSSED
          Committee Substitute for House Bill 4943
    By Delegates Hornby, Chiarelli, Hardy, Cannon,
        Foster, Young, Smith, Hite, and Foggin [Originating in the Committee on Economic Development and Tourism; Reported on February 9, 2024]
     Eng CS for HB 4943
1    A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article,
2           designated §8-40-1, §8-40-2, §8-40-3, §8-40-4, §8-40-5, §8-40-6 and §8-40-7, all relating
3           to facilitating the creation of home based lawful occupations and businesses; providing for
4           definitions; providing for permitted use; providing for prohibitions; creating reasonable
5           regulations; providing for limited conditions; providing for review and making effective from
6           passage.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE 40. HOME BASED BUSINESSES.
     §8-40-1. Definitions.
1           "Goods" means any merchandise, equipment, products, supplies, or materials.
2           "Home-based business" means any business for the manufacture, provision, or sale of
3    goods or services that is owned and operated by the owner or tenant of the residential dwelling.
4           "No-impact home-based business" means a home-based business for which all of the
5    following apply:
6           (1) The total number of on-site employees and clients do not exceed the municipal
7    occupancy capacity.
8           (2) The business activities are characterized by all of the following:
9           (A) Are limited to the sale of lawful goods and services;
10          (B) Do not generate on-street parking or a substantial increase in traffic through the
11   residential area;
12          (C) Occur inside the residential dwelling or in the yard;
13          (D) Are not visible from the street.
     §8-40-2.                                          Permitted use.
1           The use of a residential dwelling for a home-based business is a permitted use, except that
2    this permission does not supersede any of the following:
3           Any deed restriction, covenant, or agreement restricting the use of land;
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4           Any master deed, by-law, or other document applicable to a common interest ownership
5    community.
     §8-40-3.                                                                               Prohibition.
1           A municipality shall not prohibit a no-impact home-based business or otherwise require a
2    person to apply, register, or obtain any permit, license, or other type of prior approval from the
3    municipality to operate a no-impact home-based business.
     §8-40-4.                                 Reasonable regulations.
1           A municipality may establish reasonable regulations on a home-based business if the
2    regulations are narrowly tailored for any of the following purposes:
3           (1) The protection of the public health and safety, as defined in this code, including rules
4    and regulations related to fire and building codes, health and sanitation, transportation, or traffic
5    control, solid or hazardous waste, pollution, and noise control.
6           (2) Ensuring that the business activity is:
7           (A) Compatible with residential use of the property and surrounding residential use;
8           (B) Secondary to the use as a residential dwelling;
9           (C) Complying with state and federal law and paying applicable taxes.
10          (3) Limiting or prohibiting the use of a home-based business for the purposes of selling
11   illegal drugs, liquor, operating or maintaining a structured sober living home, pornography,
12   obscenity, nude or topless dancing, and other adult-oriented businesses.
     §8-40-5.                                    Limited conditions.
1           A municipality shall not require a person as a condition of operating a home-based
2    business to:
3           (1) Rezone the property for commercial use;
4           (2) Install or equip fire sprinklers in a single-family detached residential dwelling or any
5    residential dwelling with not more than two dwelling units.
     §8-40-6.                                                                                    Review.
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1          The question whether a regulation complies with this article shall be a judicial question,
2   and the municipality that enacted the regulation shall establish by clear and convincing evidence
3   that the regulation complies with this article.
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Statutes affected: 
Introduced Version: 8-40-1, 8-40-2, 8-40-3, 8-40-4, 8-40-5, 8-40-6
Committee Substitute: 8-40-1, 8-40-2, 8-40-3, 8-40-4, 8-40-5, 8-40-6, 8-40-7
Engrossed Committee Substitute: 8-40-1, 8-40-2, 8-40-3, 8-40-4, 8-40-5, 8-40-6, 8-40-7