West Virginia Code § 8-12-5c

Authority to enact ordinance restricting the location of businesses
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offering exotic entertainment.
(a) For the purposes of this section, the term "exotic entertainment" has the same meaning
ascribed to it in section three-jj, article one, chapter seven of this code.
(b) In the event a municipality has not created or designated a planning commission in
accordance with the provisions of article twenty-four of this chapter, every municipality and
the governing body of the municipality may, in addition to all other powers of municipalities,
adopt an ordinance that limits the areas of the municipality in which businesses may offer
exotic entertainment. Any such ordinance shall be subject to theu provisions of section fifty,
article twenty-four of this chapter: Provided, That in the event of the partial or total loss of
any existing business structure due to fire, flood, accident ort any other unforeseen act, that
business structure may be repaired or replaced and the business use of that structure may
continue notwithstanding the existence of any ordinance authorized by this section. Any
such repair or replacement will be limited to restoring or replacing the damaged or lost
structure with one reasonably similar, or smaller, in size as measured in square footage, and
any enlargement of the business structure wilsl subject the structure to any existing
ordinance authorized by this section.
(c) Any person adversely affected byg an ordinance enacted pursuant to the authority granted
in subsection (b) of this section is entitled to seek direct judicial review with regard to
whether the ordinance impermeissibly burdens his or her right to establish a business
offering exotic entertainment.

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