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S. 546
STATUS INFORMATION
General Bill
Sponsors: Senator Alexander
Document Path: l:\council\bills\bbm\10680mm05.doc
Introduced in the Senate on March 1, 2005
Currently residing in the Senate Committee on Judiciary
Summary: Procedure for enactment or amendment of a zoning regulation or map
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/1/2005 Senate Introduced and read first time SJ-3
3/1/2005 Senate Referred to Committee on Judiciary SJ-3
3/3/2005 Senate Referred to Subcommittee: Martin (ch), Malloy, Campsen,
Williams
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 6-29-760 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTMENT OR AMENDMENT OF A ZONING REGULATION OR MAP, SO AS TO PROVIDE FOR NOTICE OF A PUBLIC HEARING BY CERTIFIED MAIL TO AN AFFECTED LANDOWNER WHO IS A NONRESIDENT OF THE COUNTY IN WHICH THE SUBJECT LAND IS SITUATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-29-760(A) of the 1976 Code is amended to read:
"(A) Before enacting or amending any a zoning regulations or maps regulation or map, 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 do not 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 must 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 the meetings must be mailed to these groups. If the public records of the local government show that the landowner whose land is the subject of a zoning enactment or amendment is not a resident of the county in which the land is situate, the local government shall mail notice of the public hearing to the nonresident landowner at the same time that the notice is published in a paper of general circulation. The notice to the nonresident landowner must be by certified mail, return receipt requested, or by similar means attesting to receipt. No A change in or departure from the text or maps as recommended by the local planning commission may must not be made pursuant to the hearing unless the change or departure be is first submitted to the planning commission for review and recommendation. The planning commission shall have has 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 a public hearing by the governing authority is not required before amending the zoning ordinance text or maps."
SECTION 2. This act takes effect upon approval by the Governor and applies to all hearings scheduled after thirty days of that date.
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