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Greenville County attorney warns proposed Article 3.1 LDR language risks legal challenge; staff to produce draft by March
Summary
The county attorney told the Planning & Development Committee that proposed Article 3.1 language, which borrows broadly from state intent language, risks being unconstitutionally vague and hard to defend in court; staff will draft a more precise version for the March meeting.
Greenville County's acting county attorney told the Planning and Development Committee on Feb. 2 that a proposed amendment to Article 3.1 of the county Land Development Regulations (LDR) must be rewritten to avoid constitutional due-process pitfalls and the vagueness doctrine.
"Procedural due process ... requires that we provide the ordinance itself ... so that people have fair notice what they can or cannot do," Speaker 4, the county attorney, said during a detailed review of legal standards. He cautioned that language drawn directly from state statute listing general legislative purposes—public health, safety, economy, appearance and welfare—reads as aspirational and may not provide a…
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