S 283 Session 109 (1991-1992)
S 0283(Rat #0543) General Bill, By D.L. Hinds
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 29
to Title 6 so as to provide for consolidation of existing planning enabling
legislation; to update existing legislative Acts; to repeal Chapter 27 of
Title 4 relating to the County Planning Act; to repeal Chapter 23 of Title 5
relating to zoning and planning by municipalities; to repeal Sections 6-7-310
through 6-7-1110 of Chapter 7 of Title 6 relating to planning by local
governments; and to repeal Act 129 of 1963 relating to the Greenville County
Planning Commission.-amended title
11/05/90 Senate Prefiled
11/05/90 Senate Referred to Committee on Judiciary
01/08/91 Senate Introduced and read first time SJ-99
01/08/91 Senate Referred to Committee on Judiciary SJ-99
01/30/91 Senate Committee report: Favorable with amendment
Judiciary SJ-6
02/05/91 Senate Amended SJ-24
02/05/91 Senate Read second time SJ-24
02/05/91 Senate Ordered to third reading with notice of
amendments SJ-24
02/06/91 Senate Read third time and sent to House SJ-14
02/07/91 House Introduced and read first time HJ-8
02/07/91 House Referred to Committee on Judiciary HJ-8
05/23/91 House Recalled from Committee on Judiciary HJ-22
05/30/91 House Committed to Committee on Labor, Commerce and
Industry HJ-74
04/15/92 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-7
04/29/92 House Debate adjourned until Thursday, April 30, 1992 HJ-278
05/05/92 House Amended HJ-25
05/05/92 House Read second time HJ-25
05/06/92 House Read third time and returned to Senate with
amendments HJ-8
05/07/92 Senate House amendment amended SJ-28
05/07/92 Senate Returned to House with amendments SJ-55
05/14/92 House Debate adjourned on Senate amendments until
Wednesday, May 20, 1992 HJ-308
05/21/92 House Tabled HJ-59
05/21/92 House Motion noted- Reconsider vote whereby tabled HJ-64
05/21/92 House Debate adjourned HJ-64
06/02/92 House Reconsider vote whereby tabled HJ-60
06/02/92 House Senate amendment amended HJ-61
06/02/92 House Returned to Senate with amendments HJ-62
06/02/92 Senate Concurred in House amendment and enrolled SJ-53
06/04/92 Ratified R 543
01/13/93 Vetoed by Governor
01/14/93 Senate Veto sustained Yeas-0 Nays-35
(Rxxx, S283)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO
PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING
ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE
ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE
COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5
RELATING TO ZONING AND PLANNING BY MUNICIPALITIES;
TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 OF CHAPTER 7
OF TITLE 6 RELATING TO PLANNING BY LOCAL
GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING
TO THE GREENVILLE COUNTY PLANNING COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
Comprehensive Planning Enabling Act of 1992
SECTION 1. Title 6 of the 1976 Code is amended by adding:
"CHAPTER 29
South Carolina Local Government
Comprehensive Planning Enabling Act of 1992
Article 1
Creation of Local Planning Commission
Section 6-29-310. For purposes of this chapter, `local planning
commission' means a municipal planning commission, a county planning
commission, a joint city-county planning commission, or a consolidated
government planning commission.
Section 6-29-320. The city council of each municipality may create a
municipal planning commission. The county council of each county may
create a county planning commission. The governing body of a
consolidated government may create a planning commission. Any
combination of municipal councils and a county council or any
combination of municipal councils may create a joint planning
commission.
Section 6-29-330. (A) A municipality may exercise the powers
granted under the provisions of this chapter in the total area within its
corporate limits. A county may exercise the powers granted under the
provisions of this chapter in the total unincorporated area or specific parts
of the unincorporated area. Unincorporated areas of the county or
counties may be added to and included in the area under municipal
jurisdiction for the purposes of this chapter provided that the municipality
and county councils involved adopt ordinances establishing the boundaries
of the additional areas, the limitations of the authority to be exercised by
the municipality, and representation on the boards and commissions
provided under this chapter. The agreement must be formally approved
and executed by the municipal council and the county councils
involved.
(B) The governing body of a municipality may designate by
ordinance the county planning commission as the official planning
commission of the municipality. In the event of the designation, and
acceptance by the county, the county planning commission may exercise
the powers and duties as provided in this chapter for municipal planning
commissions as are specified in the agreement reached by the governing
authorities. The agreement must specify the procedures for the exercise of
powers granted in the chapter and shall address the issue of representation
of the municipality and the county on the boards and commissions
authorized by this chapter. This agreement must be formally stated in
appropriate ordinances by the governing authorities involved.
Section 6-29-340. (A) It is the function and duty of the local planning
commission, when created by an ordinance passed by the municipal
council or the county council, or both, to undertake a continuing planning
program for the physical, social, and economic growth, development and
redevelopment of the area within its jurisdiction. The plans and programs
must be designed to promote public health, safety, morals, convenience,
prosperity, or the general welfare as well as the efficiency, economy,
appearance, and livability of its area of jurisdiction. Specific planning
elements must be based upon careful and comprehensive surveys and
studies of existing conditions and probable future development and
include recommended means of implementation. The local planning
commission may make, publish, and distribute maps, plans, and reports
and recommendations relating to the plans and programs and the
development of its area of jurisdiction to public officials and agencies,
public utility companies, civic, educational, professional, and other
organizations and citizens. All public officials shall, upon request, furnish
to the planning commission, within a reasonable time, such available
information as it may require for its work. The planning commission, its
members and employees, in the performance of its functions, may enter
upon any land, make examinations and surveys, and place and maintain
necessary monuments and marks on them. In general, the planning
commission has the powers as may be necessary to enable it to perform its
functions and promote the planning of its political jurisdiction.
(B) In the discharge of its responsibilities, the local planning
commission has the power and duty to:
(1) prepare and revise periodically plans and programs for the
development and redevelopment of its area as provided in this chapter;
and
(2) prepare and recommend for adoption to the appropriate
governing authority or authorities as a means for implementing the plans
and programs in its area:
(a) zoning ordinances to include zoning district maps and
appropriate revisions thereof, as provided in this chapter;
(b) regulations for the subdivision or development of land and
appropriate revisions thereof, and to oversee the administration of the
regulations that may be adopted as provided in this chapter;
(c) an official map and appropriate revision on it showing the
exact location of existing or proposed public street, highway, and utility
rights-of-way, and public building sites, together with regulations to
control the erection of buildings or other structures or changes in land use
within the rights-of-way, building sites, or open spaces within its political
jurisdiction or a specified portion of it, as set forth in this chapter;
(d) a landscaping ordinance setting forth required planting, tree
preservation, and other aesthetic considerations for land and
structures;
(e) ordinance setting forth procedures for management of
environmentally sensitive areas including flood plains, etc.;
(f) a capital improvements program setting forth projects
required to implement plans which have been prepared and adopted,
including an annual listing of priority projects for consideration by the
governmental bodies responsible for implementation prior to preparation
of their capital budget; and
(g) policies or procedures to facilitate implementation of
planning elements.
Section 6-29-350. (A) A local planning commission serving not more
than two political jurisdictions may not have less than five nor more than
twelve members. A local planning commission serving three or more
political jurisdictions shall have a membership not greater than four times
the number of jurisdictions it serves. In the case of a joint city-county
planning commission the membership must be proportional to the
population inside and outside the corporate limits of municipalities.
(B) No member of a planning commission may hold an elected public
office in the municipality or county from which appointed. Members of
the commission first to serve must be appointed for staggered terms as
described in the agreement of organization and shall serve until their
successors are appointed and qualified. The compensation of the
members, if any, must be determined by the governing authority or
authorities creating the commission. A vacancy in the membership of a
planning commission must be filled for the unexpired term in the same
manner as the original appointment. The governing authority or
authorities creating the commission may remove any member of the
commission which they have appointed.
(C) In the appointment of planning commission members the
appointing authority shall consider their professional expertise, knowledge
of the community, and concern for the future welfare of the total
community and its citizens. Members shall represent a broad cross section
of the interests and concerns within the jurisdiction.
Section 6-29-360. (A) A local planning commission shall organize
itself electing one of its members as chairman and one as vice-chairman
whose terms must be for one year. It shall appoint a secretary who may be
an officer or an employee of the governing authority or of the planning
commission. The planning commission shall meet at the call of the
chairman and at such times as the chairman or commission may
determine.
(B) The commission shall adopt rules of organizational procedure and
shall keep a record of its resolutions, transactions, findings, and
determinations, which record must be a public record. The planning
commission may purchase equipment and supplies and may employ or
contract for such staff and such experts as it considers necessary and
consistent with funds available.
Section 6-29-370. The governing authority may provide for the
reference of any matters or class of matters to the local planning
commission, with the provision that final action on it may not be taken
until the planning commission has submitted a report on it or has had a
reasonable period of time, as determined by the governing authority to
submit a report.
Section 6-29-380. A local planning commission may cooperate with,
contract with, or accept funds from federal government agencies, state
government agencies, local general purpose governments, school districts,
special purpose districts, including those of other states, public or
eleemosynary agencies, or private individuals or corporations; it may
expend the funds; and it may carry out such cooperative undertakings and
contracts as it considers necessary.
Article 3
Local Planning -
The Comprehensive Planning Process
Section 6-29-510. (A) The local planning commission shall develop
and maintain a planning process which will result in the systematic
preparation and continual re-evaluation and updating of those elements
considered critical, necessary, and desirable to guide the development and
redevelopment of its area of jurisdiction.
(B) Surveys and studies on which planning elements are based must
include consideration of potential conflicts with adjacent jurisdictions and
regional plans or issues.
(C) The basic planning process for all planning elements must
include, but not be limited to:
(1) inventory of existing conditions;
(2) a statement of needs and goals; and
(3) implementation strategies with time frames.
(D) A local comprehensive plan must include, but not be limited to,
the following planning elements:
(1) a population element which considers historic trends and
projections, household numbers and sizes, educational levels, and income
characteristics;
(2) an economic development element which considers labor
force and labor force characteristics, employment by place of work and
residence, and analysis of the economic base;
(3) a natural resources element which considers coastal
resources, slope characteristics, prime agricultural and forest land, plant
and animal habitats, parks and recreation areas, scenic views and sites,
wetlands, and soil types;
(4) a cultural resources element which considers historic
buildings and structures, commercial districts, residential districts, unique,
natural, or scenic resources, archaeological, and other cultural resources.
Where a separate board exists pursuant to this chapter, this element is the
responsibility of the board;
(5) a community facilities element which considers
transportation network; water supply, treatment and distribution; sewage
system and waste water treatment; solid waste collection and disposal, fire
protection, emergency medical services and general government facilities;
education facilities; and libraries and other cultural facilities;
(6) a housing element which considers location, types, age and
condition of housing; owner and renter occupancy; and cost of housing;
and
(7) a land use element which considers existing and future land
use by categories, including residential, commercial, industrial,
agricultural, forestry, mining, public and quasi public, recreation, parks,
open space, and vacant or undeveloped.
(E) All planning elements must be an expression of the planning
commission recommendations to the appropriate governing bodies with
regard to the future growth, development, and redevelopment of its area of
jurisdiction. The planning elements whether done as a package or in
separate increments together comprise the comprehensive plan for the
jurisdiction at any one point in time. The local planning commission shall
review the comprehensive plan or elements of it as often as necessary, but
not less than once every five years to determine whether changes in the
amount, kind, or direction of development of the area or other reasons
make it desirable to make additions or amendments to the plan. The
comprehensive plan, including all elements of it, must be updated at least
every ten years.
Section 6-29-520. (A) In the preparation or periodic updating of any
or all planning elements for the jurisdiction, the planning commission may
use advisory committees with membership from both the planning
commission or other public involvement mechanisms and other resource
people not members of the planning commission. If the local
government maintains a list of groups that have registered an interest in
being informed of proceedings related to planning, notice of meetings
must be mailed to these groups.
(B) Recommendation of the plan or any element, amendment,
extension, or addition must be by resolution of the planning commission,
carried by the affirmative votes of at least a majority of the entire
membership. The resolution must refer expressly to maps and other
descriptive matter intended by the planning commission to form the whole
or element of the recommended plan and the action taken must be
recorded in its official minutes of the planning commission. A copy of the
recommended plan or element of it must be transmitted to the appropriate
governing authorities and to all other legislative and administrative
agencies affected by the plan.
(C) In satisfying the preparation and periodic updating of the required
planning elements, the planning commission shall review and consider,
and may recommend by reference, plans prepared by other agencies which
the planning commission considers to meet the requirements of this
article.
Section 6-29-530. The local planning commission may recommend to
the appropriate governing body and the body may adopt the plan as a
whole by a single ordinance or elements of the plan by successive
ordinances. The elements shall correspond with the major geographical
sections or divisions of the planning area or with functional subdivisions
of the subject matter of the comprehensive plan or both. Before adoption
of an element or a plan as a whole, the governing authority shall hold a
public hearing on it after not less than thirty days notice of the time and
place of the hearings have been given in a newspaper having general
circulation in the jurisdiction.
Section 6-29-540. When the local planning commission has
recommended and local governing authority or authorities have adopted
the related comprehensive plan element set forth in this chapter, no new
street, square, park, or other public way, grounds, or open space or public
buildings for any use, structure, or public utility, whether publicly or
privately owned, may be constructed or authorized in the political
jurisdiction of the governing authority or authorities establishing the
planning commission until the location, character, and extent of it have
been submitted to the planning commission for review and comment as to
the compatibility of the proposal with the comprehensive plan of the
community. In the event the planning commission finds the proposal to be
in conflict with the comprehensive plan, the commission shall transmit its
findings and the particulars of the nonconformity to the entity proposing
the facility. If the entity proposing the facility determines to go forward
with the project which conflicts with the comprehensive plan, the
governing or policy making body of the entity shall publicly state its
intention to proceed and the reasons for the action. A copy of this finding
must be sent to the local governing body, the local planning commission,
and published as a public notice in a newspaper of general circulation in
the community at least thirty days prior to awarding a contract or
beginning construction. Telephone, sewer and gas utilities, or electric
suppliers, utilities and providers, whether publicly or privately owned,
whose plans have been approved by the local governing body or a state or
federal regulatory agency, or electric suppliers, utilities and providers who
are acting in accordance with a legislatively delegated right pursuant to
Chapters 27 or 31 of Title 58 or Chapter 49 of Title 33 of the South
Carolina Code of Laws are exempt from this provision. These utilities
must submit construction information to the appropriate local planning
commission.
Article 5
Local Planning - Zoning
Section 6-29-710. (A) Zoning ordinances must be for the general
purposes of guiding development in accordance with existing and future
needs and promoting the public health, safety, morals, convenience, order,
appearance, prosperity, and general welfare. To these ends, zoning
ordinances must be made with reasonable consideration of the following
purposes, where applicable:
(1) to provide for adequate light, air, and open space;
(2) to prevent the overcrowding of land, to avoid undue
concentration of population, and to lessen congestion in the streets;
(3) to facilitate the creation of a convenient, attractive, and
harmonious community;
(4) to protect and preserve scenic, historic, or ecologically
sensitive areas;
(5) to facilitate the adequate provision or availability of
transportation, police and fire protection, water, sewage, schools, parks,
and other recreational facilities, affordable housing, disaster evacuation,
and other public services and requirements. `Other public requirements'
which the local governing body intends to address by a particular
ordinance or action must be specified in the preamble or some other part
of the ordinance or action;
(6) to secure safety from fire, flood, and other dangers; and
(7) to further the public welfare in any other regard specified by
a local governing body.
Section 6-29-720. (A) When the local planning commission has
prepared and recommended and the governing body has adopted at least
the land use element of the comprehensive plan as set forth in this chapter,
the governing body of a municipality or county may adopt a zoning
ordinance to help implement the comprehensive plan. The zoning
ordinance shall create zoning districts of such number, shape, and size as
the governing authority determines to be best suited to carry out the
purposes of this chapter. Within each district the governing body may
regulate:
(1) the use of buildings, structures, and land;
(2) the size, location, height, bulk, orientation, number of
stories, erection, construction, reconstruction, alteration, demolition, or
removal in whole or in part of buildings and other structures, including
signage;
(3) the density of development, use, or occupancy of buildings,
structures, or land;
(4) the areas and dimensions of land, water, and air space to be
occupied by buildings and structures, and the size of yards, courts, and
other open spaces;
(5) the amount of off-street parking and loading that must be
provided, and restrictions or requirements related to the entry or use of
motor vehicles on the land;
(6) other aspects of the site plan including, but not limited to,
tree preservation, landscaping, buffers, lighting, and curb cuts; and
(7) other aspects of the development and use of land or
structures necessary to accomplish the purposes set forth throughout this
chapter.
(B) The regulations must be made in accordance with the
comprehensive plan for the jurisdiction, and be made with a view to
promoting the purposes set forth throughout this chapter. Except as
provided in this chapter, all of these regulations must be uniform for each
class or kind of building, structure, or use throughout each district, but the
regulations in one district may differ from those in other districts.
(C) The zoning ordinance may utilize the following or any other
zoning and planning techniques for implementation of the goals specified
above. Failure to specify a particular technique does not cause use of that
technique to be viewed as beyond the power of the local government
choosing to use it:
(1) `cluster development' or the grouping of residential,
commercial, or industrial uses within a subdivision or development site,
permitting a reduction in the otherwise applicable lot size, while
preserving substantial open space on the remainder of the parcel;
(2) `floating zone' or a zone which is described in the text of a
zoning ordinance, but is unmapped. A property owner may petition for
the zone to be applied to a particular parcel meeting the minimum zoning
district area requirements of the zoning ordinance through legislative
action;
(3) `performance zoning' or zoning which specifies a minimum
requirement or maximum limit on the effects of a land use rather than, or
in addition to, specifying the use itself, simultaneously assuring
compatibility with surrounding development and increasing a developer's
flexibility;
(4) `planned development district' or a development project
comprised of housing of different types and densities and of compatible
commercial uses, or shopping centers, office parks, and mixed-use
developments. A planned development district is established by rezoning
prior to development and is characterized by a unified site design for a
mixed use development;
(5) `overlay zone' or a zone which imposes a set of requirements
or relaxes a set of requirements imposed by the underlying zoning district
when there is a special public interest in a particular geographic area that
does not coincide with the underlying zone boundaries; and
(6) `conditional uses' or zoning ordinance provisions that
impose conditions, restrictions, or limitations on a permitted use that are
in addition to the restrictions applicable to all land in the zoning district.
The conditions, restrictions, or limitations must be set forth in the text of
the zoning ordinance.
Section 6-29-730. The regulations may provide that land, buildings,
and structures and the uses of it which are lawful at the time of the
enactment or amendment of zoning regulations may be continued although
not in conformity with the regulations or amendments, which is called a
nonconformity. The governing authority of a municipality or county may
provide in the zoning ordinance or resolution for the continuance,
restoration, reconstruction, extension, or substitution of nonconformities.
The governing authority also may provide for the termination of a
nonconformity by specifying the period or periods in which the
nonconformity is required to cease or be brought into conformance, or by
providing a formula where the compulsory termination of nonconformities
may be so fixed as to allow for the recovery or amortization of the
investment in the nonconformity.
Section 6-29-740. In order to achieve the objectives of the
comprehensive plan of the locality and to allow flexibility in development
that will result in improved design, character, and quality of new mixed
use developments and preserve natural and scenic features of open spaces,
the local governing authority may provide for the establishment of
Planned Development Districts as amendments to a locally adopted
Zoning Ordinance and official Zoning Map. The adopted Planned
Development Map is the zoning district map for the property. The
Planned Development Provisions must encourage innovative site planning
for residential, commercial, institutional, and industrial developments
within Planned Development Districts. Planned Development Districts
may provide for variations from other ordinances and the regulations of
other established zoning districts concerning use, setbacks, lot size,
density, bulk, and other requirements to accommodate flexibility in the
arrangement of uses and the preservation of open spaces for the general
purpose of promoting and protecting the public health, safety, and general
welfare. Amendments to a Planned Development District may be
authorized by ordinance of the governing authority after recommendation
from the Planning Commission. These amendments constitute zoning
ordinance amendments and must follow prescribed procedures for the
amendments. The adopted plan may include a method for minor
modifications to the site plan or development provisions.
Section 6-29-750. In accordance with a special development district
parking facility plan and program, which includes guidelines for preferred
parking locations and indicates prohibited parking areas, the planning
commission may recommend and the local governing body may adopt
regulations which permit the reduction or waiver of parking requirements
within the district in return for cash contributions or dedications of land
earmarked for provision of public parking or public transit which may not
be used for any other purpose. The cash contributions or the value of the
land may not exceed the approximate cost to build the required spaces or
provide the public transit that would have incurred had not the reduction
or waiver been granted.
Section 6-29-760. (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 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 submitted 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 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.
(B) If a landowner whose land is the subject of a proposed
amendment will be allowed to present oral or written comments to the
planning commission, at least ten days notice and an opportunity to
comment in the same manner must be given to other interested members
of the public, including owners of adjoining property.
(C) An owner of adjoining land or his representative has standing to
bring an action contesting the ordinance or amendment. However, this
subsection does not create any new substantive right in any party.
(D) No challenge to the adequacy of notice or challenge to the
validity of a regulation or map, or amendment to it, whether enacted
before or after the effective date of this section, may be made sixty days
after the decision of the governing body if there has been substantial
compliance with the notice requirements of this section or with established
procedures of the governing authority or the planning commission.
Section 6-29-770. (A) Agencies, departments, and subdivisions of
this State that use real property, as owner or tenant, in any county or
municipality in this State are subject to the zoning ordinances.
(B) A county or agency, department or subdivision of it that uses any
real property, as owner or tenant, within the limits of any municipality in
this State is subject to the zoning ordinances of the municipality.
(C) A municipality or agency, department or subdivision of it, that
uses any real property, as owner or tenant, within the limits of any county
in this State but not within the limits of the municipality is subject to the
zoning ordinances of the county.
(D) The provisions of this section do not require a state agency,
department, or subdivision to move from facilities occupied on June 18,
1976, regardless of whether or not their location is in violation of
municipal or county zoning ordinances.
(E) The provisions of this section do not apply to a home serving nine
or fewer mentally or physically handicapped persons provided the home
provides care on a twenty-four hour basis and is approved or licensed by a
state agency or department or under contract with the agency or
department for that purpose. A home is construed to be a natural family or
such similar term as may be utilized by any county or municipal zoning
ordinance to refer to persons related by blood or marriage. Prior to
locating the home for the handicapped persons the appropriate state
agency or department or the private entity operating the home under
contract must first give prior notice to the local governing body
administering the pertinent zoning laws, advising of the exact site of any
proposed home. The notice must also identify the individual representing
the agency, department, or private entity for site selection purposes. If the
local governing body objects to the selected site, the governing body must
notify the site selection representative of the entity seeking to establish the
home within fifteen days of receiving notice and must appoint a
representative to assist the entity in selection of a comparable alternate site
or structure or both. The site selection representative of the entity seeking
to establish the home and the representative of the local governing body,
shall select a third mutually agreeable person. The three persons have
forty-five days to make a final selection of the site by majority vote. This
final selection is binding on the entity and the governing body. In the
event no selection has been made by the end of the forty-five day period,
the entity establishing the home shall select the site without further
proceedings. An application for variance or special exception is not
required. No person may intervene to prevent the establishment of a
community residence without reasonable justification.
(F) Prospective residents of these homes must be screened by the
licensing agency to insure that the placement is appropriate.
(G) The licensing agency shall conduct reviews of these homes no
less frequently than every six months for the purpose of promoting the
rehabilitative purposes of the homes and their continued compatibility
with their neighborhoods.
(H) The governing body of a county or municipality whose zoning
ordinances are violated by the provisions of this section may apply to a
court of competent jurisdiction for injunctive and such other relief as the
court may consider proper.
Section 6-29-780. (A) As a part of the administrative mechanism
designed to enforce the zoning ordinance, the zoning ordinance may
provide for the creation of a board to be known as the board of zoning
appeals. Local governing bodies with a joint planning commission and
adopting a common zoning ordinance may create a board to be known as
the joint board of appeals. All of these boards are referred to as the
board.
(B) The board consists of not less than three nor more than nine
members, a majority of which constitutes a quorum, appointed by the
governing authority or authorities of the area served. The members shall
serve for overlapping terms of not less than three nor more than five years
or after that time until their successors are appointed. A vacancy in the
membership must be filled for the unexpired term in the same manner as
the initial appointment. The governing authority or authorities creating
the board of zoning appeals may remove any member of the board which
they have appointed. The appointing authorities shall determine the
amount of compensation, if any, to be paid to the members of a board of
zoning appeals. None of the members shall hold any other public office or
position in the municipality or county.
Section 6-29-790. The board shall elect one of its members chairman,
who shall serve for one year or until he is re-elected or his successor is
elected and qualified. The board shall appoint a secretary who may be an
officer of the governing authority or of the zoning board. The board shall
adopt rules of procedure in accordance with the provisions of an ordinance
adopted pursuant to this chapter. Meetings of the board must be held at
the call of the chairman and at such other times as the board may
determine. Public notice of all meetings of the board of appeals shall be
provided by publication in a newspaper of general circulation in the
municipality or county. In cases involving variances or special exceptions
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. The chairman or, in his or her absence, the acting
chairman, may administer oaths and compel the attendance of witnesses
by subpoena. The board shall keep minutes of its proceedings, showing
the vote of each member upon each question, or if absent or failing to
vote, indicating that fact, and shall keep records of its examinations and
other official actions, all of which must be immediately filed in the office
of the board and must be a public record.
Section 6-29-800. (A) The board of appeals only has the following
powers:
(1) to hear and decide appeals where it is alleged there is error in
an order, requirement, decision, or determination made by an
administrative official in the enforcement of the zoning ordinance;
(2) to hear and decide appeals for variance from the
requirements of the zoning ordinance when strict application of the
provisions of the ordinance would result in unnecessary hardship. A
variance may be granted in an individual case of unnecessary hardship if
the board makes and explains in writing the following findings:
(a) there are extraordinary and exceptional conditions pertaining
to the particular piece of property;
(b) these conditions do not generally apply to other property in
the vicinity;
(c) because of these conditions, the application of the ordinance
to the particular piece of property would effectively prohibit or
unreasonably restrict the utilization of the property; and
(d) the authorization of a variance will not be of substantial
detriment to adjacent property or to the public good, and the character of
the district will not be harmed by the granting of the variance.
(i) The board may not grant a variance the effect of which
would be to allow the establishment of a use not otherwise permitted in a
zoning district, to extend physically a nonconforming use of land, or to
change the zoning district boundaries shown on the official zoning map.
The fact that property may be utilized more profitably, should a variance
be granted, may not be considered grounds for a variance. Other
requirements may be prescribed by the zoning ordinance.
A local governing body 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 local governing body may overrule the decision of the local board of
adjustment concerning a use variance.
(ii) In granting a variance, the board may attach to it such
conditions regarding the location, character, or other features of the
proposed building, structure, or use as the board may consider advisable to
protect established property values in the surrounding area, or to promote
the public health, safety, or general welfare;
(3) to permit uses by special exception subject to the terms and
conditions for the uses set forth for such uses in the zoning ordinance;
and
(4) appeals to the board may be taken by any person aggrieved
or by any officer, department, board, or bureau of the municipality or
county. The appeal must be taken within a reasonable time, as provided
by the zoning ordinance or rules of the board, or both, by filing with the
officer from whom the appeal is taken and with the board of appeals
notice of appeal specifying the grounds of it. If no time is provided, the
appeals must be taken within thirty days from the date the appealing party
has received actual notice of the action from which the appeal is taken.
The officer from whom the appeal is taken immediately shall transmit to
the board all the papers constituting the record upon which the action
appealed from was taken.
(B) An appeal stays all legal proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken certifies
to the board, after the notice of appeal has been filed with him, that by
reason of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life and property. In that case, proceedings may not be
stayed otherwise than by a restraining order which may be granted by the
board or by a court of record on application, on notice to the officer from
whom the appeal is taken, and on due cause shown.
(C) The board shall fix a reasonable time for the hearing of the appeal
or other matter referred to it, and give at least fifteen days public notice of
it in a newspaper of general circulation in the community, as well as due
notice to the parties in interest, and decide the same within a reasonable
time. At the hearing any party may appear in person or by agent or by
attorney.
(D) In exercising the above power, the board of appeals may, in
conformity with the provisions of this chapter, reverse or affirm, wholly or
in part, or may modify the order, requirements, decision, or determination,
and to that end shall have all the powers of the officer from whom the
appeal is taken and may issue or direct the issuance of a permit. The
board in the execution of the duties specified in this chapter may subpoena
witnesses and in case of contempt may certify this fact to the circuit court
having jurisdiction.
(E) All final decisions and orders of the board must be in writing and
be permanently filed in the office of the board as a public record. All
findings of fact and conclusions of law must be separately stated in final
decisions or orders of the board which must be delivered to parties of
interest by certified mail.
Section 6-29-810. In case of contempt by a party, witness, or other
person before the board of appeals, the board may certify this fact to the
circuit court of the county in which the contempt occurs and the judge of
the court, in open court or in chambers, after hearing, may impose a
penalty as authorized by law.
Section 6-29-820. A person who may have a substantial interest in any
decision of the board of appeals or an officer or agent of the appropriate
governing authority may appeal from a decision of the board to the circuit
court in and for the county by filing with the clerk of the court a petition in
writing setting forth plainly, fully, and distinctly why the decision is
contrary to law. The appeal must be filed within thirty days after the
decision of the board is mailed.
Section 6-29-830. (A) Upon the filing of the appeal, the clerk of the
circuit court shall give immediate notice of it to the secretary of the board
and within thirty days from the time of the notice the board shall file with
the clerk a certified copy of the proceedings held before the board of
appeals, including a transcript of the evidence heard before it, if any, and
the decision of the board including its findings of fact and
conclusions.
(B) The filing of an appeal in the circuit court from a decision of the
board shall not ipso facto act as a supersedeas but the judge of the circuit
court may in his discretion grant a supersedeas upon such terms and
conditions as may seem reasonable and proper.
Section 6-29-840. At the next term of the circuit court or, in chambers,
upon ten days' notice to the parties, the presiding judge of the circuit court
of the county shall proceed to hear and pass upon the appeal on the
certified record of the board proceedings. The findings of fact by the
board of appeals shall be treated in the same manner as a finding of fact by
a jury and the court may not take additional evidence. In the event the
judge determines that the certified record is insufficient for review, the
matter may be remanded to the zoning board of appeals for rehearing. In
determining the questions presented by the appeal the court shall
determine only whether the decision of the board is correct as a matter of
law. In the event that the decision of the board is reversed by the circuit
court, the board is charged with the costs, and the costs must be paid by
the governing authority which established the board of appeals.
Section 6-29-850. A party at interest who is aggrieved by the judgment
rendered by the circuit court upon the appeal may appeal in the same
manner as provided by law for appeals from other judgments of the circuit
court in law cases.
Section 6-29-860. The governing authority may appropriate such
monies, otherwise unappropriated, as it considers fit to finance the work of
the board of appeals and to generally provide for the enforcement of any
zoning regulations and restrictions authorized under this chapter which are
adopted and may accept and expend grants of money for those purposes
from either private or public sources, local, state, or federal.
Section 6-29-870. (A) A local government which enacts a zoning
ordinance which makes specific provision for the preservation and
protection of historic and architecturally valuable districts and
neighborhoods or significant or natural scenic areas, or protects or
provides, or both, for the unique, special, or desired character of a defined
district, corridor, or development area or any combination of it, by means
of restriction and conditions governing the right to erect, demolish,
remove in whole or in part, or alter the exterior appearance of all buildings
or structures within the areas, may provide for appointment of a board of
architectural review or similar body.
(B) The board shall consist of not more than ten members to be
appointed by the governing body of the municipality or the governing
body of the county which may restrict the membership on the board to
those professionally qualified persons as it may desire. The governing
authority or authorities creating the board may remove any member of the
board which it has appointed.
(C) The appointing authorities shall determine the amount of
compensation, if any, to be paid to the members of a board of architectural
review. None of the members may hold any other public office or position
in the municipality or county.
(D) The board shall elect one of its members chairman, who shall
serve for one year or until he is re-elected or his successor is elected and
qualified. The board shall appoint a secretary who may be an officer of
the governing authority or of the board of architectural review. The board
shall adopt rules of procedure in accordance with the provisions of any
ordinance adopted pursuant to this chapter. Meetings of the board must be
held at the call of the chairman and at such other times as the board may
determine. The chairman or, in his or her absence, the acting chairman,
may administer oaths and compel the attendance of witnesses by
subpoena. The board shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or failing to vote,
indicating that fact, and shall keep records of its examinations and other
official actions, all of which immediately must be filed in the office of the
board and must be a public record.
Section 6-29-880. The board of architectural review has those powers
involving the structures and neighborhoods as may be determined by the
zoning ordinance. Decisions of the zoning administrator or other
appropriate administrative official in matters under the purview of the
board of architectural review may be appealed to the board where there is
an alleged error in any order, requirement, determination, or decision.
Section 6-29-890. (A) Appeals to the board may be taken by any
person aggrieved or by any officer, department, board, or bureau of the
municipality or county. The appeal must be taken within a reasonable
time, as provided by the zoning ordinance or rules of the board, or both,
by filing with the officer from whom the appeal is taken and with the
board of architectural review notice of appeal specifying the grounds of it.
The officer from whom the appeal is taken immediately shall transmit to
the board all the papers constituting the record upon which the action
appealed from was taken.
(B) An appeal stays all legal proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken certifies
to the board, after the notice of appeal has been filed with him, that by
reason of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life and property. In the case, proceedings may not be
stayed otherwise than by a restraining order which may be granted by the
board or by a court of record on application, on notice to the officer from
whom the appeal is taken, and on due cause shown.
(C) The board shall fix a reasonable time for the hearing of the appeal
or other matter referred to it, and give public notice of it, as well as due
notice to the parties in interest, and decide the same within a reasonable
time. At the hearing any party may appear in person or by agent or by
attorney.
Section 6-29-900. A person who may have a substantial interest in any
decision of the board of architectural review or any officer, or agent of the
appropriate governing authority may appeal from any decision of the
board to the circuit court in and for the county by filing with the clerk of
court a petition in writing setting forth plainly, fully, and distinctly why
the decision is contrary to law. The appeal must be filed within thirty days
after the affected party receives actual notice of the decision of the board
of architectural review.
Section 6-29-910. In case of contempt by a party, witness, or other
person before the board of architectural review, the board may certify the
fact to the circuit court of the county in which the contempt occurs and the
judge of the court, in open court or in chambers, after hearing, may
impose a penalty as authorized by law.
Section 6-29-920. (A) Upon filing of the appeal, the clerk of the
circuit court shall give immediate notice of it to the secretary of the board
and within thirty days from the time of the notice the board shall file with
the clerk a duly certified copy of the proceedings had before the board of
architectural review, including a transcript of the evidence heard before it,
if any, and the decision of the board including its findings of fact and
conclusions.
(B) The filing of an appeal in the circuit court from any decision of
the board does not ipso facto act as a supersedeas, but the judge of the
circuit court may in his discretion grant a supersedeas upon such terms
and conditions as may seem reasonable and proper.
Section 6-29-930. At the next term of the circuit court or, in chambers,
upon ten days' notice to the parties, the resident presiding judge of the
circuit court of the county shall proceed to hear and pass upon the appeal
on the certified record of the board proceedings. The findings of fact by
the board of architectural review are final and conclusive on the hearing of
the appeal and the court may not take additional evidence. In the event
the judge determines that the certified record is insufficient for review the
matter must be remanded to the board of architectural review for
rehearing. In determining the questions presented by the appeal the court
shall determine only whether the decision of the board is correct as a
matter of law. In the event that the decision of the board is reversed by the
circuit court, the board must be charged with the costs and they must be
paid by the governing authority which established the board of
architectural review.
Section 6-29-940. A party at interest who is aggrieved by the judgment
rendered by the circuit court upon the appeal may appeal in the same
manner as provided by law for appeals from other judgments of the circuit
court.
Section 6-29-950. (A) The governing authorities of municipalities or
counties may provide for the enforcement of any ordinance adopted
pursuant to the provisions of this chapter by means of the withholding of
building or zoning permits, or both, and the issuance of stop orders against
any work undertaken by an entity not having a proper building or zoning
permit, or both. It is unlawful to construct, reconstruct, alter, demolish,
change the use of or occupy any land, building, or other structure without
first obtaining the appropriate permit or permit approval. No permit may
be issued or approved unless the requirements of this chapter or any
ordinance adopted pursuant to it are complied with. It is unlawful for
other officials to issue any permit for the use of any land, building, or
structure, or the construction, conversion, demolition, enlargement,
movement, or structural alteration of a building or structure without the
approval of the zoning administrator. A violation of any ordinance
adopted pursuant to the provisions of this chapter is a misdemeanor. In
case a building, structure, or land is or is proposed to be used in violation
of any ordinance adopted pursuant to this chapter, the zoning
administrator or other appropriate administrative officer, municipal or
county attorney, or other appropriate authority of the municipality or
county or an adjacent or neighboring property owner who would be
specially damaged by the violation, may in addition to other remedies,
institute injunction, mandamus, or other appropriate action or proceeding
to prevent the unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, or use; or to correct or abate the violation, or to
prevent the occupancy of the building, structure, or land. Each day the
unlawful erection, construction, reconstruction, alteration, conversion,
maintenance, or use continues is considered a separate offense.
(B) In case a building, structure, or land is or is proposed to be used in
violation of an ordinance adopted pursuant to this chapter, the zoning
administrator or other designated administrative officer may in addition to
other remedies issue and serve upon a person pursuing the activity or
activities a stop order requiring that entity stop all activities in violation of
the zoning ordinance.
Section 6-29-960. When the regulations made under authority of this
chapter require a greater width or size of yards, courts, or other open
spaces, or require a lower height of building or smaller number of stories,
or require a greater percentage of lot to be left unoccupied, or impose
other more restrictive standards than are required in or under another
statute, or local ordinance or regulation, the regulations made under
authority of this chapter govern. When the provisions of another statute
require more restrictive standards than are required by the regulations
made under authority of this chapter, the provisions of that statute
govern.
Article 7
Local Planning - Land Development Regulation
Section 6-29-1110. As used in this article:
(1) `Land development' means the changing of land characteristics
through redevelopment, construction, subdivision into parcels,
condominium complexes, apartment complexes, commercial parks,
shopping centers, industrial parks, mobile home parks, and similar
developments for sale, lease, or any combination of owner and rental
characteristics.
(2) `Subdivision' means all divisions of a tract or parcel of land into
two or more lots, building sites, or other divisions for the purpose, whether
immediate or future, of sale, lease, or building development, and includes
all division of land involving a new street or change in existing streets,
and includes re-subdivision which would involve the further division or
relocation of lot lines of any lot or lots within a subdivision previously
made and approved or recorded according to law; or, the alteration of any
streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, and includes
combinations of lots of record. However, the following exceptions are
included within this definition only for the purpose of requiring that the
local planning agency be informed and have a record of the
subdivisions:
(a) the combination or recombination of portions of previously
platted lots where the total number of lots is not increased and the
resultant lots are equal to the standards of the governing authority;
(b) the division of land into parcels of five acres or more where
no new street is involved and plats of these exceptions must be received as
information by the planning agency which shall indicate that fact on the
plats; and
(c) the combination or recombination of entire lots of record where
no new street or change in existing streets is involved.
Section 6-29-1120. The public health, safety, economy, good order,
appearance, convenience, morals, and general welfare require the
harmonious, orderly, and progressive development of land within the
municipalities and counties of the State. In furtherance of this general
intent, the regulation of land development by municipalities, counties, or
consolidated political subdivisions is authorized for the following
purposes, among others:
(1) to encourage the development of economically sound and
stable municipalities and counties;
(2) to assure the timely provision of required streets, utilities,
and other facilities and services to new land developments;
(3) to assure the adequate provision of safe and convenient
traffic access and circulation, both vehicular and pedestrian, in and
through new land developments;
(4) to assure the provision of needed public open spaces and
building sites in new land developments through the dedication or
reservation of land for recreational, educational, transportation, and other
public purposes;
(5) to assure preservation or protection of historic or
environmentally sensitive areas, or both; and
(6) to assure, in general, the wise and timely development of
new areas, and redevelopment of previously developed areas in harmony
with the comprehensive plans of municipalities and counties.
Section 6-29-1130. (A) When at least the community facilities
element of the comprehensive plan as authorized by this chapter has been
adopted by the local planning commission and the local governing body or
bodies, the local planning commission may prepare and recommend to the
governing body or bodies for adoption regulations governing the
development of land within the jurisdiction. These regulations may
provide for the harmonious development of the municipality and the
county; for coordination of streets within subdivision and other types of
land developments with other existing or planned streets or official map
streets; for the size of blocks and lots; for the dedication or reservation of
land for streets, school sites, and recreation areas and of easements for
utilities and other public services and facilities; and for the distribution of
population and traffic which will tend to create conditions favorable to
health, safety, convenience, appearance, prosperity, or the general welfare.
In particular, the regulations shall prescribe that no land development
plan, including subdivision plats, will be approved unless all land intended
for use as building sites can be used safely for building purposes, without
danger from flood or other inundation or from other menaces to health,
safety, or public welfare.
(B) These regulations may include requirements as to the extent to
which and the manner in which streets must be graded, surfaced, and
improved, and water, sewers, septic tanks, and other utility mains, piping,
connections, or other facilities must be installed as a condition precedent
to the approval of the plan. The governing authority of the municipality
and the governing authority of the county are given the power to adopt
and to amend the land development regulations after a public hearing on
it, giving at least thirty days' notice of the time and place by publication in
a newspaper of general circulation in the municipality or county.
Section 6-29-1140. (A) After the adoption of a park and recreation
plan element of a comprehensive plan, development plan regulations may
provide for reservation and dedication of land for public parks,
playgrounds, or other public recreational purposes or for payment of cash
contributions earmarked for the purposes in lieu of it. The regulations
must provide that a developer of land dedicate land area sites, and
locations for parks, playgrounds, other public recreational purposes as are
reasonably necessary to serve the proposed development and the future
residents of it. The land required to be dedicated must bear reasonable
relationship to the impact on park, playground, and recreational needs
posed by the area being developed. The regulations must set forth the
standards to be applied in determining the amount of land that is required
to be dedicated, which standards must be based on the number and type of
dwelling units or structures to be included in each development and upon
studies and surveys conducted by the local governing body to determine
the need, if any, for parks, playgrounds, or other recreational purposes
generated by the proposed future developments and residents of it.
(B) The local governing authority may also adopt, as part of its land
development regulations, provisions requiring a developer, in lieu of the
dedication to pay to the local governing body a sum of money equal to the
value of land that would otherwise be required to be dedicated where the
local governing body determines that it would not be in the public interest
to accept dedication in connection with a particular proposed
development. The regulations must set forth the standards to be applied in
determining when it is not in the public interest to accept a dedication.
The regulations must provide that the in lieu fee to be paid by a subdivider
be based upon the per acre value of the actual land subdivided.
(C) The regulations also must provide for the manner of making
payment. The regulations may provide that the payment be deferred or
made in installments following approval of a development plan, and may
require the posting of a good and sufficient surety bond guaranteeing the
payment. All funds received in this manner must be held by the local
governing body in a special account which must be applied and used only
for the purpose of acquiring and developing park, playground, and
recreational sites for the benefit of the future residents of the development
for which the payment was made. The regulations may also provide that
the dedication of land, or the payment of a fee in lieu of it, may be waived,
partially or entirely, where a developer provides private open space for
park, playground, and recreational purposes, which space is to be privately
owned and maintained by future residents of the development where the
planning commission finds it to be in the public interest to do so, based
upon standards adopted by the local governing body.
(D) The regulations also must provide that the local governing body
or an agency of it shall have the final decision in selecting the location of
land areas to be dedicated for park, playground, and recreational purposes.
In exercising this authority, the local governing body shall take into
consideration the variations, the relative desirability, and the market value
of the land that may be required to be dedicated within the area of any
particular proposed development, so as to lessen any adverse impacts upon
the development and the developer.
Section 6-29-1150. After the local governing authority has adopted
land development regulations, no subdivision plat or other land
development plan within the jurisdiction of the regulations may be filed or
recorded in the office of the county where deeds are required to be
recorded, and no building permit may be issued until the plat or plan bears
the stamp of approval and is properly signed by the designated authority.
The submission for filing or the recording of a subdivision plat or other
land development plan without proper approval as required by this chapter
is declared a misdemeanor and, upon conviction, is punishable as provided
by law.
Section 6-29-1160. (A) The land development regulations adopted
by the governing authority must include a specific procedure for the
submission and approval or disapproval by the planning commission or
designated staff. These procedures may include requirements for
submission of sketch plans, preliminary plans, and final plans for review
and approval or disapproval. Time limits, not to exceed sixty days, must
be set forth for action on plans or plats, or both, submitted for approval or
disapproval. Failure of the designated authority to act within sixty days of
the receipt of development plans or subdivision plats with all
documentation required by the land development regulations is deemed to
constitute approval and the developer must be issued a letter of approval
and authorization to proceed based on the plans or plats and supporting
documentation presented. The sixty-day time limit may be extended by
mutual agreement.
(B) A record of all actions on all land development plans and
subdivision plats with the grounds for approval or disapproval and any
conditions attached to the action must be maintained as a public record. In
addition, the developer must be notified in writing of the actions
taken.
(C) Staff action, if authorized, to approve or disapprove a land
development plan may be appealed to the planning commission by any
party at interest. The planning commission shall act on the appeal within
sixty days and the action of the planning commission is final. An appeal
from the decision of the planning commission may be taken to circuit
court within thirty days after actual notice of the decision.
Section 6-29-1170. The county official whose duty it is to accept and
record real estate deeds and plats may not accept, file, or record a land
development plan or subdivision plat involving a land area subject to land
development regulations adopted pursuant to this chapter unless the
development plan or subdivision plat has been properly approved. If a
public official violates the provisions of this section, he is, in each
instance, subject to the penalty provided in this article and the affected
governing body, private individual, or corporation has rights and remedies
as to enforcement or collection as are provided, and may enjoin any
violations of them.
Section 6-29-1180. The approval of the land development plan or
subdivision plat may not be deemed to automatically constitute or effect
an acceptance by the municipality or the county or the public of the
dedication of any street, easement, or other ground shown upon the plat.
Public acceptance of the lands must be by action of the governing body
customary to these transactions.
Section 6-29-1190. In circumstances where the land development
regulations adopted pursuant to this chapter require the installation and
approval of site improvements prior to approval of the land development
plan or subdivision plat for recording in the office of the county official
whose duty it is to accept and record the instruments, the developer may
be permitted to post a surety bond, certified check, or other instrument
readily convertible to cash. The surety must be in an amount equal to at
least one hundred twenty-five percent of the cost of the improvement.
This surety must be in favor of the local government to insure that, in the
event of default by the developer, funds will be used to install the required
improvements at the expense of the developer.
Section 6-29-1200. The owner or agent of the owner of any property
being developed within the municipality or county may not transfer title to
any lots or parts of the development unless the land development plan or
subdivision has been approved by the local planning commission or
designated authority and an approved plan or plat recorded in the office of
the county charged with the responsibility of recording deeds, plats, and
other property records. A transfer of title in violation of this provision is a
misdemeanor and, upon conviction, must be punished in the discretion of
the court. A description by metes and bounds in the instrument of transfer
or other document used in the process of transfer does not exempt the
transaction from these penalties. The municipality or county may enjoin
the transfer by appropriate action.
Section 6-29-1210. (A) A local planning commission created under
the provisions of this chapter shall, by proper certificate, approve and
authorize the name of a street or road laid out within the territory over
which the commission has jurisdiction. It is unlawful for a person in
laying out a new street or road to name the street or road on a plat, by a
marking or in a deed or instrument without first getting the approval of the
planning commission. Any person violating this provision is guilty of a
misdemeanor and, upon conviction, must be punished in the discretion of
the court.
(B) A commission may, after reasonable notice through a newspaper
having general circulation in which the commission is created and exists,
change the name of a street or road within the boundary of its territorial
jurisdiction:
(1) when there is duplication of names or other conditions which
tend to confuse the traveling public or the delivery of mail, orders, or
messages;
(2) when it is found that a change may simplify marking or
giving of directions to persons seeking to locate addresses; or
(3) upon any other good and just reason that may appear to the
commission.
On the name being changed, after reasonable opportunity for a public
hearing, the planning commission shall issue its certificate designating the
change, which must be recorded in the office of the register of mesne
conveyances or clerk of court, and the name changed and certified is the
legal name of the street or road.
Section 6-29-1220. In order to provide stability of public requirements
and regulations and private commitments for tracts of land of two hundred
fifty acres or more which will be developed over a time frame of ten years
or more development agreements are authorized. The agreements may be
entered into between the governing body and the property owner which
binds either the local government, the property owner, or both, to specific
actions at specified times. These development agreements may be
amended from time to time upon mutual acceptance of the amendments.
Amendments, which must follow zoning amendment procedures, may be
initiated by either party to the agreement. The agreements and any
amendments to them must be filed in the office of the county where deed
records are filed and are covenants which run with the land. These
development agreements may only be used with planned development
districts."
Repeal
SECTION 2. Chapter 27 of Title 4, Chapter 23 of Title 5, Section
6-7-310 through Section 6-7-1110 of Chapter 7 of Title 6, and Act 129 of
1963 are repealed, effective five years from the date of approval of this act
by the Governor. At the end of five years, all local planning programs
must be in conformity with the provisions of this act. During the
intervening five years, this act is cumulative and may be implemented at
any time.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
In the Senate House _________________________________.
_______________________________________
President of the Senate
_______________________________________
Speaker of the House of Representatives
Approved the _______ day of __________________, 1992.
_______________________________________
Governor
Printer's Date -- June 10, 1992 -- S.
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