Current Status Introducing Body:Senate Bill Number:828 Primary Sponsor:McConnell Type of Legislation:GB Subject:Zoning, mitigation provisions Residing Body:Senate Computer Document Number:NO5/7256.BD Introduced Date:Mar 28, 1991 Last History Body:Senate Last History Date:Jan 15, 1992 Last History Type:Committee Report: Favorable Scope of Legislation:Statewide All Sponsors:McConnell Type of Legislation:General Bill
Bill Body Date Action Description CMN
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828 Senate Jan 15, 1992 Committee Report: Favorable 11
828 Senate Mar 28, 1991 Introduced, read first time, 11
referred to Committee
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COMMITTEE REPORT
January 15, 1992
S. 828
S. Printed 1/15/92--S.
Read the first time March 28, 1991.
To whom was referred a Bill (S. 828), to amend Section 6-7-710, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
GLENN F. McCONNELL, for Committee.
TO AMEND SECTION 6-7-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ZONING BY MUNICIPALITIES AND COUNTIES, SO AS TO PROVIDE FOR MITIGATION WHEN INCREASED TRAFFIC CONGESTION IS ANTICIPATED AS A RESULT OF THE GRANTING OF A ZONING VARIANCE OR REGULATION AND PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-7-710 of the 1976 Code, as last amended by Act 590 of 1988, is further amended to read:
"Section 6-7-710. For the purposes of guiding (A) To guide development in accordance with existing and future needs and in order to protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare, the governing authorities of municipalities and counties may, in accordance with the conditions and procedures specified in this chapter, may regulate the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of populations, and the uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports and approaches to them, water supply, sanitation, protection against floods, public activities, and other purposes. The regulations must be made in accordance with the comprehensive plan for the jurisdiction as described in this chapter and must be designed to:
(1) lessen congestion in the streets; to
(2) secure safety from fire, panic, and other dangers, to;
(3) promote the public health and the general welfare, to;
(4) provide adequate light and air; to
(5) prevent the overcrowding of land; to
(6) avoid undue concentration of population; to
(7) protect scenic areas; to
(8) include provisions for landscaping and, protection, and regulation of trees in consideration of their value from an environmental, agricultural, aesthetic, scenic, or preservation standpoint, however. However, this authority does not include the regulation of commercial timber operations, nor shall this authority restrict the ability of public utilities and electric suppliers from maintaining safe clearance around utility lines; to
(9) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
(B) When increased traffic congestion is anticipated as a result of the granting of a zoning variance or regulation, the governing authorities of municipalities and counties may require mitigation of the congestion by the person requesting the variance or regulation. Mitigation is not required if:
(1) It is shown by a preponderance of the evidence that mitigation logistically is not feasible.
(2) An important public purpose, determined by the governing authority, is being pursued in accordance with the purposes of this section and mitigation is not possible.
(C) The South Carolina Forestry Commission, through its urban forestry assistance program, may provide recommendations and assistance to municipalities and counties for evaluation, care, and preservation of trees covered by regulations under this chapter as part of the comprehensive plan for the jurisdiction. These regulations must be made with reasonable consideration, among other things, of the character of each area and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of land and buildings, and encouraging the most appropriate use of land and buildings and structures."
SECTION 2. This act takes effect upon approval by the Governor.