Local Government Comprehensive Planning Enabling Act of 1994 I-1

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Local Government Comprehensive Planning Enabling Act of 1994 I-1 Foreword This Guide is intended to be a reference tool for local officials who administer planning and land use regulations. It explains in detail the Comprehensive Planning Enabling Act of 1994 as well as general legal and liability issues involved in planning and zoning. Danny C. Crowe contributed to the update of this publication in 2018. February 2018 Check www.masc.sc (keyword: publications) for the latest version of Municipal Association publications. Table of Contents Chapter 1 Planning Planning Legislation in South Carolina 1 Local Planning Organizational Structures 1 Municipal Planning Commission 1 County Planning Commission 1 Joint Municipal-County Planning Commission 1 Municipal Planning Commission with Extraterritorial Jurisdiction 2 County Planning Commission Designated as Municipal Commission 2 Planning Commission Serving Multiple Municipalities 2 Consolidated Political Subdivision Planning Commission 2 Jurisdiction of Municipalities and Counties 2 Local Planning Commission Function and Duties 3 Specific Planning Activities 3 Zoning Functions 4 Land Development Functions 4 Landscaping and Aesthetics 4 Capital Improvements Program 5 Development Impact Fees 5 Planning Commission Membership, Organization and Operation 6 Membership 6 Officers 6 Rules of Procedure 7 Freedom of Information Act 7 Records 7 Financing 8 Educational Requirements for Planning Commission 8 The Comprehensive Planning Process 9 Planning Process 9 Comprehensive Plan Elements 10 Periodic Revision Required 12 Procedure for Adopting Plan or Amendments 13 Review of Public Project 13 Chapter 2 Zoning Zoning Powers 15 Purpose of Zoning 15 Legislative Function 16 Zoning Tools 16 Zoning Ordinance Elements 16 Factors Regulated by Zoning 17 i Zoning Techniques 17 Planned Development District 19 Cash or Dedication In Lieu of Parking 20 Zoning Ordinance 21 Procedure for Adopting Zoning Ordinances 21 The 2004 “Vested Rights Act” Amendments 22 Statutory Role of Federal Military Facilities in Zoning and Planning 23 Legal Issues in Zoning 24 Challenge to Ordinance Validity 24 Religious Uses of Land 24 Public Property Subject to Zoning 26 Homes for Handicapped Exempt 27 Fair Housing Act 28 Nonconforming Uses 29 Pending Ordinance Doctrine 30 Spot Zoning 31 Takings 32 Sexually Oriented Businesses 34 Modular, Manufactured and Mobile Homes 36 Zoning Administration 38 Zoning Official 38 Powers and Duties 39 Estoppel 39 Board of Zoning Appeals 41 Creation of Board 41 Organization and Operation 42 Freedom of Information Act 43 Educational Requirements for Board of Zoning Appeals 43 Powers of the Board of Zoning Appeals 43 Administrative Review 44 Variances 44 Standards for Granting Variances 45 Special Exceptions 46 Appeals to Board 46 Time Limits for Appeals 47 Procedure for Appeals to Board 48 Appeal to Circuit Court 50 Exhaustion of Administrative Remedies 52 Chapter 3 Board of Architectural Review Purpose 53 Composition and Qualifications 53 Organization and Operation 54 ii Freedom of Information Act 55 Educational Requirements for Board of Architectural Review 55 Powers 55 Appeals 55 Enforcement 59 Historic Preservation Ordinance 60 Historic Preservation Ordinance Elements 60 Chapter 4 Zoning Enforcement Procedures Permits 63 Stop Orders 63 Injunction and Mandamus 64 Ordinance Summons 64 Warrant 65 Conflict with Other Laws 66 Liability 66 Tort 66 Civil Rights 66 Chapter 5 Land Development Regulation Definitions 69 Purpose of Land Development Regulations 70 Requirements Which May Be Included 70 Adoption and Amendment 71 Enforcement 71 Penalties for Violation 72 Administration 72 Plat and Plan Approval 72 Record of Actions and Notification 73 Appeals 73 Determining Existence of Restrictive Covenant 74 Dedication and Acceptance of Streets or Property 74 Street Names 74 Land Development Ordinance Checklist 76 Chapter 6 Official Map Definition 77 Official Map Prerequisites 77 Official Map Adoption 78 iii Enforcement and Appeal Procedure 78 Property Exemption Procedure 79 Chapter 7 Development Agreements Purpose 81 Development Permits 81 Minimum Requirements 81 Contents of Agreement 82 Adoption of Agreement 83 Applicable Laws 83 Periodic Review 84 Annexation or Incorporation 84 Recording Agreement 84 State and Federal Laws 85 Checklist for Development Agreements 86 Appendix A - Checklist and Training Aids A-1 Implementation Checklist for Comprehensive Planning Act of 1994 A-1 Comprehensive Planning and Implementation Chart A-5 Comprehensive Plan Implementation Through Zoning Chart A-6 Comprehensive Plan Responsibilities A-7 Zoning Ordinance Responsibilities A-7 Architectural Review Responsibilities A-9 Land Development Regulations Responsibilities A-10 Variances and Special Exceptions A-11 Unnecessary Hardship Worksheet A-12 Freedom of Information and Ethical Considerations A-13 B - Model Ordinances Establishing a Municipal (or County) Planning Commission B-1 Establishing a Municipal Joint Area Planning Commission and Initiating Development of Comprehensive Plan B-2 Establishing Joint City-County Planning Commission B-4 Designating County Planning Commission as Planning Commission of Municipality B-6 C - Planning Commission Rules of Procedure C-1 D - Board of Zoning Appeals Rules of Procedure D-1 E - Board of Architectural Review Rules of Procedure E-1 F - Sample Forms for Board of Zoning Appeals F-1 G - Sample Forms for Notices G-1 H - Sample Forms for Zoning Actions H-1 I - South Carolina Local Government Comprehensive Planning Enabling Act of 1994 I-1 iv J - South Carolina Local Government Development Agreement Act J-1 K - Educational Requirements Certification Form for Local Government Planning or Zoning K-1 v vi Chapter 1 - Planning Planning Legislation in South Carolina The authority for local governments to undertake planning and to adopt zoning and land development regulations is granted by the General Assembly. The General Assembly authorized municipal planning and zoning in 1924 and county planning in 1942. The Local Government Comprehensive Planning Enabling Act of 1994 replaced the 1967 Act, repealed all of the above statutes and required all local comprehensive plans, zoning and land development ordinances conform to the 1994 Act by December 31, 1994. The 1994 Act, with subsequent amendments, is codified at S.C. Code Title 6, Chapter 29. Local Planning Organizational Structures Local governments must establish a local planning commission to begin comprehensive planning. Several types of planning commissions may be created by ordinance. S.C. Code § 6-29-310 through § 6-29-380. See Appendix B for model ordinances. Municipal Planning Commission A municipal council can create a municipal planning commission of five to 12 members. The commission’s authority is limited to the corporate limits of the municipality. County Planning Commission A county council can create a county planning commission of five to 12 members. The commission’s authority is limited to the unincorporated area of the county. Joint Municipal-County Planning Commission A municipal council (or multiple municipal councils) and a county council can create a joint planning commission by ordinance adopted by each participating municipality and the county council. A planning commission which serves two political subdivisions can have five to 12 members. If a commission serves three or more political subdivisions (e.g., two municipalities and the unincorporated county), its size cannot be greater than four times the number of jurisdictions it serves. For example, a commission serving three municipalities and a county can have a maximum of 16 members. Membership of the joint commission must be proportional to the population inside and outside municipal limits. Authority of the joint planning commission is limited to the geographic area of the participating municipalities and the unincorporated area of the county. The ordinance must specify the number of members to be appointed by each participating municipal council and the county council. 1 Municipal Planning Commission with Extraterritorial Jurisdiction If approved by the county and municipality, a municipal planning commission can exercise planning authority outside the corporate limits of a municipality in areas adjacent to the municipality. The two councils must adopt an ordinance setting forth (1) the affected geographic area; (2) the number or proportion of commission members to be appointed from that area; (3) any limitations on the authority of the municipality in that area; and (4) representation on the municipality’s boards and commissions which affect the unincorporated area. The ordinance may provide for appointment of members of the planning commission from the area outside the municipal limits by either the municipal council or county council. The commission must have five to 12 members. County Planning Commission Designated as Municipal Commission A municipal council may designate by ordinance the county planning commission as the official planning commission of the municipality. The municipal and county councils each must adopt an ordinance setting out their agreement on the specific powers and duties of the commission and addressing the issues of equitable representation of the municipality and county on the planning commission and other boards and commissions resulting from ordinances adopted by the county council that affect the municipal area. Planning Commission Serving Multiple Municipalities Two or more municipal councils may create a joint planning commission to serve them. This could be especially useful for contiguous
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