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Indicates Matter Stricken
Indicates New Matter
S. 232
STATUS INFORMATION
General Bill
Sponsors: Senator Leatherman
Document Path: l:\council\bills\dka\3024dw05.doc
Introduced in the Senate on January 12, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Increase time for Planning Commission to submit report
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/12/2005 Senate Introduced and read first time SJ-23
1/12/2005 Senate Referred to Committee on Judiciary SJ-23
2/4/2005 Senate Referred to Subcommittee: Martin (ch), Malloy, Campsen,
Williams
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTIONS 6-7-1260 AND 6-29-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME WHICH A PLANNING COMMISSION MUST SUBMIT ITS REPORT AND RECOMMENDATION ON CHANGES TO ZONING REGULATIONS AND MAPS, SO AS TO INCREASE FROM THIRTY TO FORTY-FIVE THE DAYS THE TIME TO SUBMIT THE REPORT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-7-1260 of the 1976 Code is amended to read:
"Section 6-7-1260. (A) The governing authority of the municipality or the governing authority of the county from time to time may make additions to or modifications of its official maps as provided in subsection (B).
(B) No A change in or departure from the maps shall must not be made until such the proposed changes or departures shall first have been is submitted first to the local planning commission for review and recommendation. The local planning commission shall have thirty has forty-five days within which to submit its report. If the local planning commission fails to submit a report within the thirty-day forty-five-day period, it shall be is deemed to have recommended that the changes or departures be approved. Before taking such the action, the governing authority shall hold a public hearing thereon on it, according to the provisions set forth provided for in this chapter."
SECTION 2. Section 6-29-760(A) of the 1976 Code is amended to read:
"(A) Before enacting or amending any zoning regulations or maps, the governing authority or the planning commission, if authorized by the governing authority, shall hold a public hearing on it, which must be advertised and conducted according to lawfully prescribed procedures. If no established procedures exist, then at least fifteen days' notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county. In cases involving rezoning, conspicuous notice shall must be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property. If the local government maintains a list of groups that have expressed an interest in being informed of zoning proceedings, notice of such the meetings must be mailed to these groups. No change in or departure from the text or maps as recommended by the local planning commission may be made pursuant to the hearing unless the change or departure be first is submitted first to the planning commission for review and recommendation. The planning commission shall have a time prescribed in the ordinance which may not be more than thirty forty-five days within which to submit its report and recommendation on the change to the governing authority. If the planning commission fails to submit a report within the prescribed time period, it is deemed to have approved the change or departure. When the required public hearing is held by the planning commission, no public hearing by the governing authority is required before amending the zoning ordinance text or maps."
SECTION 3. This act takes effect upon approval by the Governor.
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