Annexed Properties Bring Zoning Decisions With Them
For municipalities that have a zoning ordinance, they must assign a zoning classification to every parcel that they annex. Assigning a zoning classification to a new parcel necessitates an amendment to the zoning ordinance updating the municipality’s zoning map. State law, however, does not provide for a streamlined zoning process when annexing property. This means that each annexed parcel should likely undergo the full rezoning process of notice, public hearing and planning commission recommendation.
However, a city or town council cannot assign a zoning classification until after the annexation of a parcel is complete. This is because municipalities do not have jurisdiction over a parcel, for zoning or for any other purpose, until it has been annexed.
This distinction can create tension between the annexation process and the zoning process. Municipalities should carefully consider the process for every annexed parcel to make sure it is assigned a zoning classification that complies with state and municipal requirements — and there are several ways to do this.
Concurrent approach
One strategy to ensure compliance with all legal processes is to undertake both the annexation and the zoning steps simultaneously. This involves the council adopting two separate ordinances: one approving the annexation of the property, and another assigning a zoning classification.
The ordinances can receive second reading and become adopted by council at the same meeting but, notably, council should consider the annexation ordinance before it considers the zoning classification ordinance. This ensures that the parcel is formally located within the municipality’s jurisdiction before it receives its zoning classification assignment.
In adopting a zoning classification ordinance, state law requires two steps that can present timing challenges during this concurrent process. Prior to the council adopting the zoning classification ordinance two steps must occur:
- The planning commission should make a zoning classification recommendation. It needs to be contingent upon the annexation.
- Also, the appropriate body, either the planning commission or council as established by the municipality’s zoning ordinance, must conduct a public hearing on the matter, subject to the applicable notice requirements.
Timing constraints and administrative details associated with these two requirements may create challenges for some municipalities attempting to undertake this concurrent approach. Careful consideration should be given to the sequence of events to make sure that legal requirements are met, and avoid procedural pitfalls.
Temporary zoning classification
An alternative approach is to apply a standard temporary zoning classification to all properties upon annexation. This approach is particularly useful in managing the transition period and maintaining regulatory control.
The temporary classification provides a stopgap measure, ensuring that the property is not left unregulated while the full zoning process is completed post-annexation. The municipality should not grant any development approvals while under this temporary classification.
After annexation, the planning commission and the council should undertake the full zoning amendment procedures specified in SC Code Section 6-29-760.
While this method offers a practical solution, municipalities need to be mindful of potential issues with expediency. If the process experiences delays, then due process issues may arise.
Analogous zoning classification
Some municipalities assign a zoning classification to newly annexed parcels based on the existing county zoning.
In this approach, the municipality assigns either
- the same classification as the county had used, if the zoning ordinances are consistent; or
- the most closely analogous classification to that already assigned to the parcel by the county.
Although this approach may well comply with the Comprehensive Planning Enabling Act, there are no reported court decisions in South Carolina upholding it. Accordingly, the Municipal Association of SC generally recommends — especially for highly visible or controversial annexations — that the municipality observe the full rezoning process of notice, public hearing and planning commission recommendation.
Effective navigation requires foresight
Municipalities in South Carolina must navigate the interplay between annexation and zoning with foresight. Decisions on annexation and zoning can be emotionally fraught and politically charged.
Additionally, property owners may have significant economic interest in the process, and could therefore be motivated to initiate litigation if they disagree with a decision. Any missteps in the annexation or zoning process could result in legal repercussions for the municipality.
To ensure consistency in handling annexations and zoning classifications, cities and towns should clearly establish a process in their zoning ordinances. Each method considered has its advantages and potential challenges, and municipalities should tailor their approach to fit their specific circumstances. It's important to note that alternative approaches not discussed here may be better suited for certain situations, such as cases where there is a joint planning commission.
Ultimately, recognizing the need to adequately address the zoning of a parcel in compliance with state law is key to minimizing legal risks and ensuring a smooth transition for newly annexed properties.