Planning commission tables ordinance to ‘revive’ lapsed nonconforming uses, seeks legal clarity

The Morgantown Planning Commission voted to table proposed changes to Article 13.73 of the city planning and zoning code that would create a formal process for applicants to ‘revive’ preexisting nonconforming uses that have lapsed.

Staff described the draft amendment as a pathway for applicants to apply for revival: the proposal would require an application, staff review, a public hearing before the planning commission and a determination to be forwarded to Morgantown City Council. Staff said that if council did not take up the matter or the applicant did not appeal within 30 days, the planning commission’s determination would go into effect.

Commissioners questioned the ordinance’s fit with state law and with existing administrative processes. Staff cited West Virginia Code 8A‑7‑10(c) and 8A‑7‑11 while commissioners suggested the Board of Zoning Appeals (BZA) might be a more appropriate forum for extension or revival actions — for example as a conditional use or variance — rather than routing decisions through the planning commission and then council. One commissioner said the proposal as drafted risked “muddying the waters” and recommended the city attorney review the draft and that Attorney Simonton attend the next discussion.

After discussion, Commissioner (Speaker 6) moved to table the ordinance changes pending counsel’s review; the motion carried on a voice vote. Commissioners asked staff to return with suggested edits that clarify whether the revival process should sit with the BZA, be framed as a conditional use, or be handled differently under state code.

What happens next: Staff will confer with the city attorney and invite Attorney Simonton to the next meeting to answer jurisdictional and statute‑related questions before commissioners consider an amended draft.