H*3748 Session 108 (1989-1990)
H*3748(Rat #0472, Act #0408 of 1990) General Bill, By J.J. Bailey
A Bill to amend Section 5-23-100, Code of Laws of South Carolina, 1976,
relating to powers of a board of adjustment, so as to authorize a municipality
to provide for a variance for a prohibited use of land, a building, or a
structure; to amend Section 5-23-70, relating to the appointment of a board,
so as to increase its membership; and to amend Section 5-23-140, relating to
the orders of a board on appeal, so as to provide for the vote required for a
use variance.-amended title
03/23/89 House Introduced and read first time HJ-7
03/23/89 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-7
04/18/89 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-13
04/19/89 House Objection by Rep. Gordon, Sturkie, Wright,
Klapman, Sharpe & Altman HJ-21
04/19/89 House Objection withdrawn by Rep. Wright HJ-33
04/20/89 House Objection withdrawn by Rep. Sharpe & Klapman HJ-48
05/10/89 House Objection withdrawn by Rep. Altman HJ-53
05/25/89 House Debate adjourned until next statewide legislative
day HJ-43
05/29/89 House Objection withdrawn by Rep. Gordon HJ-61
05/29/89 House Objection by Rep. Klapman & Haskins HJ-61
05/31/89 House Objection withdrawn by Rep. Klapman HJ-64
06/01/89 House Debate adjourned until June 25, 1989 HJ-82
01/10/90 House Objection withdrawn by Rep. Haskins HJ-64
01/18/90 House Debate interrupted HJ-37
01/18/90 House Amended HJ-40
01/18/90 House Read second time HJ-41
01/23/90 House Read third time and sent to Senate HJ-28
01/24/90 Senate Introduced and read first time SJ-8
01/24/90 Senate Referred to Committee on Judiciary SJ-8
02/28/90 Senate Committee report: Favorable with amendment
Judiciary SJ-14
03/14/90 Senate Amended SJ-10
03/14/90 Senate Read second time SJ-11
03/20/90 Senate Read third time and returned to House with
amendments SJ-13
03/29/90 House Concurred in Senate amendment and enrolled HJ-24
04/05/90 Ratified R 472
04/11/90 Signed By Governor
04/11/90 Effective date 04/11/90
04/11/90 Act No. 408
05/08/90 Copies available
(A408, R472, H3748)
AN ACT TO AMEND SECTION 5-23-100, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE POWERS OF A BOARD OF ADJUSTMENT, SO AS TO AUTHORIZE A
MUNICIPALITY TO PROVIDE FOR A VARIANCE FOR A PROHIBITED USE OF LAND, A
BUILDING, OR A STRUCTURE; TO AMEND SECTION 5-23-70, RELATING TO THE
APPOINTMENT OF A BOARD, SO AS TO INCREASE ITS MEMBERSHIP; AND TO AMEND
SECTION 5-23-140, RELATING TO THE ORDERS OF A BOARD ON APPEAL, SO AS TO
PROVIDE FOR THE VOTE REQUIRED FOR A USE VARIANCE.
Be it enacted by the General Assembly of the State of South Carolina:
Use variance by a Board of Adjustment
SECTION 1. Section 5-23-100(3) of the 1976 Code is 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."
Board membership increased
SECTION 2. Section 5-23-70 of the 1976 Code is amended to read:
"Section 5-23-70. Such local legislative body may provide for
the appointment of a board of adjustment and in the regulations and
restrictions adopted pursuant to the authority of this article may
provide that the board of adjustment may, in appropriate cases and
subject to appropriate conditions and safeguards, make special exceptions
to the terms of the ordinance in harmony with its general purpose and
intent and in accordance with general or specific rules therein
contained. The Board of Adjustment shall consist of not less than three
nor more than nine members, a majority of which shall constitute a
quorum, appointed for staggered terms of not less than three nor more
than five years and until successors are appointed and qualify. Members
may be removed from office for cause by the appointing authority upon
written charges and after public hearing. Vacancies must be filled for
the unexpired term of any member whose term becomes vacant."
Use variance vote requirement
SECTION 3. Section 5-23-140 of the 1976 Code is amended to read:
"Section 5-23-140. In exercising the above-mentioned powers
the board may, in conformity with the provisions of this article, reverse
or affirm wholly or partly or may modify the order, requirement, decision
or determination appealed from and may make such order, requirement,
decision or determination as ought to be made and to that end shall have
all the powers of the officer from whom the appeal is taken. Except as
provided in Section 5-23-100(3), the concurring vote of a majority of the
members of the board present and voting is necessary to reverse any
order, requirement, decision, or determination of any such administrative
official or to decide in favor of the applicant on any matter upon which
it is required to pass under any such ordinance or to effect any
variation in such ordinance."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 11th day of April, 1990.
|