Bill 4031

                    Current Status

Introducing Body:               House
Bill Number:                    4031
Primary Sponsor:                Hayes
Type of Legislation:            GB
Subject:                        Municipality, local board of
                                adjustment powers
Residing Body:                  Senate
Date Tabled:                    Jun 02, 1992
Computer Document Number:       BR1/1731.AC
Introduced Date:                May 28, 1991
Date of Last Amendment:         Feb 13, 1992
Last History Body:              Senate
Last History Date:              Jun 02, 1992
Last History Type:              Tabled
Scope of Legislation:           Statewide
All Sponsors:                   Hayes
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4031  Senate  Jun 02, 1992  Tabled
 4031  Senate  May 27, 1992  Read second time
 4031  Senate  May 20, 1992  Committee Report: Favorable     11
 4031  Senate  Feb 19, 1992  Introduced, read first time,    11
                             referred to Committee
 4031  House   Feb 18, 1992  Read third time, sent to
                             Senate
 4031  House   Feb 13, 1992  Amended, read second time
 4031  House   Feb 12, 1992  Debate adjourned unitl
                             Thursday, February 13, 1992
 4031  House   Feb 05, 1992  Committee Report: Favorable     25
                             with amendment
 4031  House   May 28, 1991  Introduced, read first time,    25
                             referred to Committee

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

May 20, 1992

H. 4031

S. Printed 5/20/92--S.

Read the first time February 19, 1992.

To whom was referred a Bill (H. 4031), to amend Section 5-23-100, as amended, Code of Laws of South Carolina, 1976, relating to the powers of a local Board of Adjustment, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

GLENN F. McCONNELL, for Committee.

A BILL

TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.

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

SECTION 1. Section 5-23-100(3) of the 1976 Code, as last amended by Act 408 of 1990, is further amended to read:

"(3) To authorize upon appeal in specific cases such variance from the terms of any ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of such ordinance will result in unnecessary hardship and so that the spirit of such ordinance is observed and substantial justice done; provided, however, a municipality may by ordinance require an affirmative vote of two-thirds of the board members present and voting before a variance may be granted for a use of land, a building, or a structure that is prohibited in a given district by ordinance or resolution a municipality by ordinance may permit or preclude the granting of a variance for a use of land, a building, or a structure that is prohibited in a given district and, if it does permit such a variance, it may require the affirmative vote of two-thirds of the local adjustment board members present and voting. Notwithstanding any other provision of this section, the governing body of a municipality may overrule the decision of the local board of adjustment concerning a use variance."

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