Council receives Planning Commission recommendation to deny rezoning at 126 Simpson Street

MORGANTOWN — The Morgantown City Council on Jan. 6 received and filed the Planning Commission’s recommendation to deny an application to rezone 126 Simpson Street (case MAP25-one8) from R1A single-family to R2 multi-family zoning. The motion to receive and file the recommendation passed on a roll-call vote, 7-0.

Planning staff told council the property has been used as a multifamily dwelling since the 1980s and that the city issued a letter of compliance in July 2025 confirming its nonconforming, grandfathered use. “Since it was not determined that the property had been abandoned in accordance with the city's nonconforming provisions … the planning commission did not believe it was necessary to rezone the property to continue the grandfathered use,” a planning presenter said.

Councilors asked clarifying questions about unit counts and whether the owner could choose to rent fewer units than permitted. Planning staff explained that the property remains registered as a three-unit multi-family dwelling but an owner could elect to rent only two of the units; licensing and nonconforming-use rules would still limit the property to no more than three rental units.

Councilor (Speaker 6) moved to receive and file the Planning Commission recommendation; the motion was seconded and approved. The clerk recorded the roll-call vote with all seven members voting in favor.

Because the council’s action was to receive and file the commission’s recommendation and not to change zoning that evening, no ordinance amendment was adopted; council retained the ability to table or reconsider the matter at a future meeting if additional action is requested.

Next steps: The matter was recorded as received and filed; any party or staff wishing to pursue a zoning change would need to return the item to the council with a formal ordinance proposal and the requisite readings.