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H. 3842
STATUS INFORMATION
General Bill
Sponsors: Rep. Rutherford
Document Path: l:\council\bills\dka\3311dw05.doc
Introduced in the House on April 5, 2005
Currently residing in the House Committee on Judiciary
Summary: Zoning regulation
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/5/2005 House Introduced and read first time HJ-7
4/5/2005 House Referred to Committee on Judiciary HJ-7
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 6-29-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTMENT OR AMENDMENT OF A ZONING REGULATION OR MAP, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY, WHEN IT HOLDS THE REQUIRED PUBLIC HEARING, MAY CHANGE OR DEPART FROM THE PLANNING COMMISSION RECOMMENDATION PROVIDED THAT THE EXTENT OF THE CHANGE OR DEPARTURE IS DISCLOSED FULLY DURING THE PUBLIC HEARING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 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 meetings must be mailed to these groups. No When the local planning commission holds the required public hearing, a change in or departure from the text or maps as recommended by the local planning commission may not be made pursuant to the hearing unless the change or departure be first is submitted first to the planning commission for review and recommendation at a public hearing advertised and conducted according to lawfully prescribed procedures. However, when the governing authority holds the required public hearing, the governing authority may change or depart from a planning commission recommendation provided the extent of the change or departure, or both, is disclosed fully during the public hearing. The planning commission shall have a time prescribed in the ordinance which may not be more than thirty 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 considered to have approved the change or departure. When the required public hearing is held by the planning commission, no a public hearing by the governing authority is not required before amending the zoning ordinance text or maps."
SECTION 2. This act takes effect upon approval by the Governor.
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