South Carolina General Assembly
124th Session, 2021-2022

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Bill 3742


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Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-705 SO AS TO PROVIDE FOR AND ALLOW HOME-BASED BUSINESSES OR OCCUPATIONS AS AN ACCESSORY USE IN RESIDENTIAL HOMES.

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

SECTION    1.    Article 5, Chapter 29, Title 6 of the 1976 Code is amended by adding:

    "Section 6-29-705.    (A)    Notwithstanding another provision of law, any ordinance adopted pursuant to this chapter shall provide for and allow the use of a residential home or accessory structure by a resident of the home or accessory structure for a home-based business or occupation.

    (B)    Inside the home or accessory structure, a zoning or other ordinance may not:

        (1)    prohibit a home occupation from serving clients by appointment;

        (2)    prohibit two or fewer nonresident employees from working at the home occupation;

        (3)    prohibit or require structural modifications for a home occupation;

        (4)    restrict the amount of floor space a home-based business or occupation may use; or

        (5)    restrict storage or the use of equipment that does not produce effects outside the home or accessory structure.

    (C)    Outside the home or accessory structure, a local planning commission or local governing authority may regulate external effects that may accompany a home-based business or occupation provided for pursuant to this section.

    (D)    Any ordinance adopted pursuant to this chapter shall treat all home-based businesses or occupations equally; however, nothing in this section may be construed as limiting the power of a local planning commission or local governing authority to regulate sexually oriented businesses or adult business establishments."

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

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