W. Va. Code R. § 145-16-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 145-16-13 - Home Rule limited

13.1. Upon the establishment of a Tourism Development District in accordance with this rule, and notwithstanding any provision of the Code to the contrary, or a municipality's home rule powers with respect to ordinances and ordinance procedures, including any authority pursuant to W. Va. Code § 8-1-5a, any Project within a Tourism Development District, is not subject to any municipal:

13.1.1. Zoning, historic preservation, horticultural, noise, viewshed, lighting, development, or land use ordinances, restriction, limitations, or approvals;

13.1.2. Regulation of the sale of alcoholic liquor, nonintoxicating beer, or wine for consumption within the Tourism Development District;

13.1.3. Building permitting, inspection, or code enforcement;

13.1.4. License requirements;

13.1.5. Legal jurisdiction in which the Tourism Development District is entirely or partially located, except as provided in this rule;

13.1.6. Tax, fee, or charge, except as provided in this rule; or

13.1.7. Consent or approval or any state or county action pursuant to the Code, including, but not limited to, for county or state action regarding the establishment of tax increment financing development or redevelopment districts, or the approval of tax increment financing development or redevelopment districts, or the approval of tax increment financing development or redevelopment plans.

W. Va. Code R. § 145-16-13