Could a South Carolina city zoning amendment take effect at its second reading?

Plain-English summary

In 1999, the South Carolina Attorney General's office told Florence's city attorney that a zoning amendment could take effect immediately upon adoption at its second reading. The municipal ordinance statute required two readings on separate days with at least six days between them. The office found no additional seven-day waiting period after adoption. Its answer assumed the city had already complied with the zoning public-hearing requirement.

The opinion addressed the effective date of the proposed amendment, not whether its substance was lawful. The expedited letter was expressly informal.

Currency note

This opinion was issued in 1999. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was a seven-day wait required after second reading?
A: The AG found no such waiting period in the ordinance statute. It distinguished the required six days between readings from a delay after adoption.

What conditions did the opinion rely on?
A: The statute required two readings on separate days at least six days apart, and the AG assumed Florence had complied with the public-hearing requirement.

Did the AG decide whether the zoning change itself was valid? A: No. The request and answer concerned when an adopted amendment could take effect.

Background and statutory framework

Florence asked for an expedited answer about a proposed zoning-ordinance amendment. The office read § 5-7-270's reading rule and referenced § 6-29-760's public-hearing requirement before addressing the effective date.

Citations and references

The opinion quoted § 5-7-270 and referred to § 6-29-760.

Official title

Addressing the effective date for an amendment to a provision of the City of Florence’s zoning ordinance.

Requester

James W. Peterson, Jr., Esquire, Florence City Attorney

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-8-1999/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/99oct-8-peterson.pdf

Original opinion text

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The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
ATIORNEY GENERAL

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October 8, 1999

James W. Peterson, Jr., Esquire
Florence City Attorney
City-County Complex AA
180 N. Irby Street
Florence, South Carolina 29501
RE:

Informal Opinion

Dear Mr. Peterson:
Thank you for your letter dated October 7, 1999, requesting an expedited opinion of this Office addressing the effective date for an amendment to a provision of the City's zoning ordinance. Specifically, you have asked whether it is "lawful for an ordinance amending the zoning ordinance to be passed with an effective date which results in the ordinance taking effect immediately upon adoption at the second reading, or is there some legal requirement that the effective date of such an ordinance be seven days after its adoption on second reading[.]"

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As a general rule, ordinances shall take immediate effect unless otherwise provided. Mc Quillen, Municipal Corporations, 15 .39 (3rd Ed. 1996). Moreover, as we discussed in an earlier conversation, the procedure for enacting ordinances by municipalities is found in S.C. Code Ann.
§ 5-7-2 70, which provides as follows:
Every proposed ordinance shall be introduced in writing and in the form required for final adoption. Each municipality shall by ordinance establish its own rules and procedures as to adoption of ordinances. No ordinance shall have the force of law until it shall have been read two times on two separate days with at least six days between each reading. (Emphasis added). Other than directing two separate readings with at least six days in between,§ 5-7-270 imposes no other conditions, e.g., a seven day. waiting period, before an ordinance assumes the force of law.

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PosTOFFICEBox 11549

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Cot.UMBIA.S.C.29211-1549

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TELEPHONE:SOJ-734-3970

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FACSIM11.E:803-253-6283

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Mr. Peterson
Page 2
October 8, 1999
Therefore, based on my understanding that the City ofFlorence has complied with the public hearing requirement of S.C. Code Ann. § 6-29-760, I am aware of no legal impediment to the zoning ordinance amendment talcing effect immediately upon adoption at the second reading.

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Again, thank you for your letter. I trust this information is responsive to your inquiry and that you will not hesitate to contact me should you have additional questions. Due to the time constraints outlined in your request, this letter is an informal opinion only. It has been written by a designated Deputy Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kindest regards, I remain Very truly yours,

Zeb C. Williams, III
Deputy Attorney General
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