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Tuesday, April 29, 2025 - 10:41 AM

INDEPENDENT CONSERVATIVE VOICE OF UPSTATE SOUTH CAROLINA FOR 30+ YRS

First Published & Printed in 1994

INDEPENDENT CONSERVATIVE VOICE OF
UPSTATE SOUTH CAROLINA FOR OVER 30 YEARS!

Greenville County Council plays a big role in shaping local development through zoning laws and planning decisions. The County Council doesn’t build houses or shopping centers itself – instead, it sets the rules that guide where and how development can happen. These rules (known as zoning ordinances) must follow South Carolina’s state laws on planning. Council members work with the county’s planning commission and staff to update zoning maps, consider rezoning requests, and make sure new growth fits the community’s comprehensive plan. In short, County Council creates the framework for development, aiming to balance growth with residents’ needs.

What County Council Cannot Do (Under State Law)

A common misconception is that County Council can simply “stop” any development it doesn’t like. In reality, state law and property rights limit what Council can do. For example, if a piece of land is already properly zoned for a certain use (say, apartments or a subdivision) and a developer meets all the requirements, Council cannot arbitrarily block that project. Doing so could violate the property owner’s rights. Both the U.S. and South Carolina Constitutions protect landowners from government actions that are overly restrictive on the use of their land . In other words, preventing a landowner from any reasonable development of their property could be seen as an unlawful “taking” of property, which is illegal without just compensation .

South Carolina law also lays out strict procedures for how zoning can be changed or used. County Council cannot impose a sudden ban or moratorium on certain types of housing by a simple motion or because of public pressure. In fact, a South Carolina court struck down one council’s attempt to halt all new duplex and apartment construction by resolution – the court said you can’t suspend development rights that are granted by a zoning ordinance unless you go through the proper legal process of passing a new ordinance . This comes from the Simpkins v. City of Gaffney case, which basically told local governments: you can’t press “pause” on development that’s allowed under current zoning unless you follow the law to officially change that zoning.

Moreover, once a development is approved or underway, state law gives the developer certain vested rights. The South Carolina Vested Rights Act of 2004 ensures that if a landowner has an approved site-specific development plan, they can proceed with that plan for a fixed period (initially two years, with possible extensions) even if rules change later. In plain English, this means a new County Council can’t simply revoke a previous approval on a whim. The law protects developers from retroactive zoning changes in most cases. So, if a past Council legally approved a project, the current Council usually cannot just cancel it because they’ve changed their minds or neighbors object – not without risking a lawsuit.

To sum up, Council cannot:

  • Violate property rights by denying a landowner all reasonable use of their land (that’s unconstitutional).
  • Ignore state procedures for zoning changes – any change must be done by ordinance with proper process, not by sudden action.
  • Retroactively stop or undo approved projects except in special cases allowed by law (thanks to developers’ vested rights).

What County Council Can Do to Shape Growth

While there are important limits on blocking development, County Council does have tools to guide growth in line with community wishes. Council controls zoning rules, meaning it can vote to change the zoning map or ordinance for future development – as long as it follows the legal process (public hearings, notices, and an ordinance vote) . For instance, if residents are worried about too many apartments in one area, Council can consider downzoning some land (changing the zoning to a lower density) or updating the comprehensive plan to reflect the community’s vision. They just have to ensure any changes are done fairly and legally. Council can also attach reasonable conditions to rezonings (like buffers, traffic improvements, etc.) to address community concerns when approving a new project.

Another thing Council can do is say “no” to rezoning requests that don’t align with the community’s plans. If a developer wants to change a property’s zoning to allow something neighbors oppose, the Council is not obligated to approve it. They have discretion to deny rezoning if it’s not in the public interest or conflicts with the county’s comprehensive plan. The key is that decisions must be reasonable and not arbitrary – Council can’t reject a project for illegal reasons, but it can weigh factors like traffic, infrastructure, and community input when voting.

Council members can also propose new policies (within the scope of state law) to manage growth – for example, strengthening development regulations, encouraging development in certain areas and not others, or even temporary moratoriums if done by the book (limited in time and purpose, per the guidelines set by cases like Simpkins).

In short, County Council can guide where growth goes and what it looks like – they just have to do it by setting the rules in advance, rather than stopping projects at the last minute. This means working proactively: updating zoning policies, listening to citizen input on the front end, and making sure new development follows the community’s comprehensive plan (which Council adopts with public input).

Setting the Record Straight on Berea Multifamily Development

Let’s address a rumor making the rounds in our community: the idea that I am responsible or “allowed for” new multifamily (town home/apartment) developments in Berea. This claim has been pushed by someone in our community, and it’s simply not true. I want to clear up the confusion so everyone has the facts.

Here’s what really happened in Berea: Before I took office, several multifamily projects had already been slated for that area. Those developments were either approved under previous Councils through rezoning or have begun because of the existing zoning that allows for the development. When I came into office, residents of Berea were already seeing a surge of apartment construction and were understandably upset. I heard that public outcry loud and clear.

As a result, I have NEVER approved a new multifamily development in Berea during my time in office. Every time a proposal for apartments in Berea has come up on my watch, I have stood with the community’s wishes. In fact, given the backlog of projects okayed or permitted before I was elected, I felt Berea needed a breather! I have actively pumped the brakes on any new multifamily rezoning in that community because that’s what my constituents are asking for. So if you’ve heard someone accusing me of “bringing in” more multifamily housing to Berea, know that the opposite is true – I have been the one pushing back and preventing many more that would have been developed by now.

At the end of the day, my guiding principle is simple: make sure growth happens in a way that the people of our community want. While I can’t wave a magic wand to stop every development (especially those allowed by law), I can and do fight for the community’s vision at every turn. Whether it’s voting “no” on rezonings that don’t fit what neighbors envision, or championing updates to our zoning plans to better manage growth, I am always checking back to “Is this what the people I represent want?” That’s the question behind every vote I cast.

County Council’s job involves balancing property rights with community interests – and it isn’t always easy – but I believe the people’s voice should lead that balancing act. I will continue using the tools at my disposal (policy changes, responsible planning, and yes, saying “no” when necessary) to make sure development in Greenville County follows the will of the people as closely as possible. It’s a promise I take seriously, and you gladly fact check me on that by looking at my voting record. Growth is inevitable in our area, but by working together and sticking to our principles, we can guide that growth in the right direction!

As we move forward, there’s no doubt that Greenville County is experiencing a pivotal period of strained growth and change, but also hope and opportunity. As Chairman, and alongside my fellow Council members, my commitment remains to keep you informed, engaged, and involved in the decisions shaping our community. We are actively developing new procedures and protocols to enhance transparency and public participation in ways that have never been seen before in our local government.

Your voice matters, and your involvement is what makes this county strong. Thank you for the trust you’ve placed in us to serve you—it’s an honor to work on your behalf every day.