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Clemson council invokes pending ordinance doctrine after court ruling on townhouse definition
Summary
Following a court decision that reclassified an older building as an apartment rather than a townhouse, the council passed a resolution invoking the pending ordinance doctrine so city attorneys can revise local definitions to align with the court ruling.
City attorney/staff member Jacob briefed the council Jan. 5 on a recent court case that found ambiguity in the municipal code’s definition of "townhouses," concluding the structure in question qualified as an apartment under the court’s interpretation. Jacob recommended invoking the pending ordinance doctrine so city attorneys can draft clarified definitions that comply with the court ruling.
Council members discussed the practical impact: a handful of older buildings in town may now fall under different regulatory categories, which affects permitting, building-code interpretation and how properties are regulated going forward. Staff said they do not recommend appealing the court decision but instead urged the council to pass a resolution authorizing the drafting of amended ordinance language.
The council approved the resolution by voice/hand vote. Staff will return with specific ordinance language crafted to match the court’s guidance.
