South Carolina General Assembly
115th Session, 2003-2004

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Indicates Matter Stricken
Indicates New Matter

S. 280

STATUS INFORMATION

General Bill
Sponsors: Senators Leatherman, Land, Reese, Verdin, Ryberg, McGill and Kuhn
Document Path: l:\council\bills\dka\3123dw03.doc

Introduced in the Senate on January 29, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Zoning nonconformities; local governing authority to pay cash compensation to owners who are subject to

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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   1/29/2003  Senate  Introduced and read first time SJ-11
   1/29/2003  Senate  Referred to Committee on Finance SJ-11
   3/27/2003  Senate  Recalled from Committee on Finance SJ-82
   3/27/2003  Senate  Committed to Committee on Judiciary SJ-82

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/29/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 6-29-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONCONFORMITIES IN LOCAL PLANNING AND ZONING, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY SHALL PAY CASH COMPENSATION TO THE OWNERS OF LAND, BUILDINGS, AND STRUCTURES THAT ARE SUBJECT TO THESE NONCONFORMITIES AND TO DEFINE THE TERM "STRUCTURE".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 6-29-730 of the 1976 Code, as added by Act 355 of 1994, is amended to read:

"Section 6-29-730.    (A)    The regulations may provide that land, buildings, and structures and the uses of them which are lawful at the time of the enactment or amendment of zoning regulations may be continued although not in conformity with the regulations or amendments, which is called a nonconformity. The governing authority of a municipality or county may provide in the zoning ordinance or resolution for the continuance, restoration, reconstruction, extension, or substitution of nonconformities.

(B)    The governing authority also may provide for the termination of a nonconformity by specifying the period or periods in which the nonconformity is required to cease or be brought into conformance, or by providing a formula where the compulsory termination of nonconformities may be so fixed as to allow for the recovery or amortization of the investment in the nonconformity; however, the governing authority shall pay cash compensation to the owner or owners of land, buildings, and structures that are subject to these nonconformities.

(C)    For the purposes of this section, the term 'structure' includes trade fixtures associated with real property that may be classified as personal property for tax purposes. This term includes, but is not limited to, manufactured housing."

SECTION    2.    This act takes effect upon approval by the Governor.

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