Download This Version in Microsoft Word format
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.
This web page was last updated on Thursday, June 25, 2009 at 9:30 A.M.