Current Status Introducing Body:Senate Bill Number:199 Ratification Number:131 Act Number:74 Primary Sponsor:Hayes Type of Legislation:GB Subject:Adjustment boards, local Date Bill Passed both Bodies:19930511 Computer Document Number:EGM/18033DW.93 Governor's Action:S Date of Governor's Action:19930519 Introduced Date:19930113 Last History Body:------ Last History Date:19930519 Last History Type:Act No. 74 Scope of Legislation:Statewide All Sponsors:Hayes Martin Waldrep Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
199 ------ 19930519 Act No. 74
199 ------ 19930519 Signed by Governor
199 ------ 19930518 Ratified R 131
199 House 19930511 Read third time, enrolled for
ratification
199 House 19930506 Read second time
199 House 19930428 Committee Report: Favorable 27
199 House 19930218 Introduced, read first time, 27
referred to Committee
199 Senate 19930217 Read third time, sent to House
199 Senate 19930211 Read second time
199 Senate 19930210 Committee Report: Favorable 11
199 Senate 19930113 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(A74, R131, S199)
AN ACT 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:
Powers of local board of adjustment
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, 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."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 19th day of May, 1993.