Bill 3748

                    Current Status

Bill Number:               3748
Ratification Number:       472
Act Number                 408
Introducing Body:          House
Subject:                   Use variance by a board of
                           adjustment

(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.