A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 6-29-815 SO AS TO PROVIDE THAT IF CERTAIN COUNTY OR MUNICIPAL ZONING OFFICIALS DETERMINE THAT THE USE OF A PROPERTY IS NOT PERMITTED UNDER APPLICABLE ZONING CLASSIFICATIONS, THEN ANY RELATED PERMITS ARE NO LONGER VALID AND ANY DEVELOPMENT OR CONSTRUCTION ON THE PROPERTY MUST CEASE.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 5, Chapter 29, Title 6 of the S.C. Code is amended by adding:

 

    Section 6-29-815.  If a local governing body, local planning commission, zoning administrator, or board of zoning appeals makes an advisory or final determination that the current or intended use of a property is not permitted under the applicable zoning classification, including a determination that the use requires rezoning or is otherwise prohibited:

       (1) all permits previously issued for the development, construction, or occupancy of the property are no longer valid, regardless of the date of issuance or the reliance placed upon such permits;

       (2) any ongoing development or construction activity must cease immediately and may not resume unless and until:

           (a) the property is brought into compliance with the applicable zoning ordinances, including any required rezoning or variance; or

           (b) a court of competent jurisdiction authorizes construction or development to proceed pending final resolution, and may impose such conditions or penalties as authorized by law; and

       (3) the suspension of construction and permitting applies upon the issuance of any advisory or binding zoning determination, including a reversal by a board of zoning appeals or other competent zoning authority, and shall remain in effect throughout the pendency of any administrative or judicial appeal unless a court orders otherwise.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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