reglab/housing_qa huggingface dataset:
SC Code § 6-29-790 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-790. Board of zoning appeals; officers; rules; meetings; notice; records.

 The board shall elect one of its members chairman, who shall serve for one year or until he is re-elected or his successor is elected and qualified. The board shall appoint a secretary who may be an officer of the governing authority or of the zoning board. The board shall adopt rules of procedure in accordance with the provisions of an ordinance adopted pursuant to this chapter. Meetings of the board must be held at the call of the chairman and at such other times as the board may determine. Public notice of all meetings of the board of appeals shall be provided by publication in a newspaper of general circulation in the municipality or county. In cases involving variances or special exceptions conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property. The chairman or, in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which must be immediately filed in the office of the board and must be a public record.  HISTORY: 1994 Act No. 355, Section 1.
SC Code § 6-29-810 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-810. Contempt; penalty.

 In case of contempt by a party, witness, or other person before the board of appeals, the board may certify this fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.  HISTORY: 1994 Act No. 355, Section 1.
SC Code § 6-29-820 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-820. Appeal from zoning board of appeals to circuit court; pre-litigation mediation; filing requirements.

 (A) A person who may have a substantial interest in any decision of the board of appeals or an officer or agent of the appropriate governing authority may appeal from a decision of the board to the circuit court in and for the county, by filing with the clerk of the court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the decision of the board is mailed.  (B) A property owner whose land is the subject of a decision of the board of appeals may appeal either:  (1) as provided in subsection (A); or  (2) by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with Section 6-29-825.  Any notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is postmarked.  (C) Any filing of an appeal from a particular board of appeals decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to Section 8-21-310(C)(1).  HISTORY: 1994 Act No. 355, Section 1; 2003 Act No. 39, Section 3, eff June 2, 2003.  Effect of Amendment  The 2003 amendment added subsections (B) and (C) and designated the existing paragraph as subsection (A).
SC Code § 6-29-825 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-825. Pre-litigation mediation; notice; settlement approval; effect on real property; unsuccessful mediation.

 (A) If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted, and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the board of appeals.  (B) The property owner or his representative, any other person claiming an ownership interest in the property or his representative, and any other person who has been granted leave to intervene pursuant to subsection (A) or his representative must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.  (C) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.  (D) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:  (1) the local legislative governing body in public session; and  (2) the circuit court as provided in subsection (G).  (E) Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.  (F) If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The petition must be filed with the circuit court within thirty days of:  (1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or  (2) the failure to approve the settlement by the local governing body.  (G) The circuit court judge must approve the settlement if the settlement has a rational basis in accordance with the standards of this chapter. If the mediated settlement is not approved by the court, the judge must schedule a hearing for the parties to present evidence and must issue a written opinion containing findings of law and fact. A party may appeal from the decision:  (1) in the same manner as provided by law for appeals from other judgments of the circuit court; or  (2) by filing an appeal pursuant to subsection (F).  HISTORY: 2003 Act No. 39, Section 4, eff June 2, 2003.
SC Code § 6-29-830 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-830. Notice of appeal; transcript; supersedeas.

 (A) Upon the filing of an appeal with a petition as provided in Section 6-29-820(A) or Section 6-29-825(F), the clerk of the circuit court must give immediate notice of the appeal to the secretary of the board and within thirty days from the time of the notice, the board must file with the clerk a duly certified copy of the proceedings held before the board of appeals, including a transcript of the evidence heard before the board, if any, and the decision of the board including its findings of fact and conclusions.  (B) The filing of an appeal in the circuit court from any decision of the board does not ipso facto act as a supersedeas, but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper.  HISTORY: 1994 Act No. 355, Section 1; 2003 Act No. 39, Section 5, eff June 2, 2003.  Effect of Amendment  The 2003 amendment, in subsection (A) inserted "with a petition as provided in Section 6-29-820(A) or Section 6-29-825(F)" preceding ", the clerk of circuit court", substituted "the appeal" for "it", inserted "duly" preceding "certified copy", and substituted "the board" for "it", in subsection (B) substituted "any" for "a" and "does" for "shall", and in subsections (A) and (B) made nonsubstantive changes.
SC Code § 6-29-840 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-840. Determination of appeal; costs; trial by jury.

 (A) At the next term of the circuit court or in chambers, upon ten days' notice to the parties, the presiding judge of the circuit court of the county must proceed to hear and pass upon the appeal on the certified record of the board proceedings. The findings of fact by the board of appeals must be treated in the same manner as a finding of fact by a jury, and the court may not take additional evidence. In the event the judge determines that the certified record is insufficient for review, the matter may be remanded to the zoning board of appeals for rehearing. In determining the questions presented by the appeal, the court must determine only whether the decision of the board is correct as a matter of law. In the event that the decision of the board is reversed by the circuit court, the board is charged with the costs, and the costs must be paid by the governing authority which established the board of appeals.  (B) When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. A judge, upon request by any party, may in his discretion give the appeal precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the board of appeals, such as, but not limited to, a determination of the amount of damages due for an unconstitutional taking.  HISTORY: 1994 Act No. 355, Section 1; 2003 Act No. 39, Section 6, eff June 2, 2003.  Effect of Amendment  The 2003 amendment added subsection (B), designated the existing paragraph as subsection (A), and made nonsubstantive changes.
SC Code § 6-29-850 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-850. Appeal to Supreme Court.

 A party in interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may appeal in the manner provided by the South Carolina Appellate Court Rules.  HISTORY: 1994 Act No. 355, Section 1; 1999 Act No. 55, Section 10.
SC Code § 6-29-860 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-860. Financing of board of zoning appeals.

 The governing authority may appropriate such monies, otherwise unappropriated, as it considers fit to finance the work of the board of appeals and to generally provide for the enforcement of any zoning regulations and restrictions authorized under this chapter which are adopted and may accept and expend grants of money for those purposes from either private or public sources, whether local, state, or federal.  HISTORY: 1994 Act No. 355, Section 1.
SC Code § 6-29-870 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-870. Board of architectural review; membership; officers; rules; meetings; records.

 (A) A local government which enacts a zoning ordinance which makes specific provision for the preservation and protection of historic and architecturally valuable districts and neighborhoods or significant or natural scenic areas, or protects or provides, or both, for the unique, special, or desired character of a defined district, corridor, or development area or any combination of it, by means of restriction and conditions governing the right to erect, demolish, remove in whole or in part, or alter the exterior appearance of all buildings or structures within the areas, may provide for appointment of a board of architectural review or similar body.  (B) The board shall consist of not more than ten members to be appointed by the governing body of the municipality or the governing body of the county which may restrict the membership on the board to those professionally qualified persons as it may desire. The governing authority or authorities creating the board may remove any member of the board which it has appointed.  (C) The appointing authorities shall determine the amount of compensation, if any, to be paid to the members of a board of architectural review. None of the members may hold any other public office or position in the municipality or county.  (D) The board shall elect one of its members chairman, who shall serve for one year or until he is re-elected or his successor is elected and qualified. The board shall appoint a secretary who may be an officer of the governing authority or of the board of architectural review. The board shall adopt rules of procedure in accordance with the provisions of any ordinance adopted pursuant to this chapter. Meetings of the board must be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which immediately must be filed in the office of the board and must be a public record.  HISTORY: 1994 Act No. 355, Section 1.
SC Code § 6-29-880 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-880. Powers of board of architectural review.

 The board of architectural review has those powers involving the structures and neighborhoods as may be determined by the zoning ordinance. Decisions of the zoning administrator or other appropriate administrative official in matters under the purview of the board of architectural review may be appealed to the board where there is an alleged error in any order, requirement, determination, or decision.  HISTORY: 1994 Act No. 355, Section 1.
SC Code § 6-29-890 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-890. Appeal to board of architectural review.

 (A) Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. The appeal must be taken within a reasonable time, as provided by the zoning ordinance or rules of the board, or both, by filing with the officer from whom the appeal is taken and with the board of architectural review notice of appeal specifying the grounds of it. The officer from whom the appeal is taken immediately must transmit to the board all the papers constituting the record upon which the action appealed from was taken. Upon a motion by a party or the board's own motion, the board may remand a matter to an administrative official if the board determines the record is insufficient for review. A party's motion for remand may be denied if the board determines that the record is sufficient for review. The board must set a rehearing on the remanded matter without further public notice for a time certain within sixty days unless otherwise agreed to by the parties. The board must maintain a list of persons who express an interest in being informed when the remanded matter is set for rehearing, and notice of the rehearing must be mailed to these persons prior to the rehearing.  (B) An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In that case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, upon notice to the officer from whom the appeal is taken, and on due cause shown.  (C) The board must fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice of the hearing, as well as due notice to the parties in interest, and decide the appeal or other matter within a reasonable time. At the hearing, any party may appear in person, by agent, or by attorney.  HISTORY: 1994 Act No. 355, Section 1; 2003 Act No. 39, Section 7, eff June 2, 2003.  Effect of Amendment  The 2003 amendment, in subsection (A) added the last four sentences relating to remand procedures, in subsection (C) substituted "the hearing" for "it" and "appeal or other matter" for "same", and in subsections (A),(B), and (C) made nonsubstantive changes.
SC Code § 6-29-900 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-900. Appeal from board of architectural review to circuit court; pre-litigation mediation; filing requirements.

 (A) A person who may have a substantial interest in any decision of the board of architectural review or any officer, or agent of the appropriate governing authority may appeal from any decision of the board to the circuit court in and for the county by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the affected party receives actual notice of the decision of the board of architectural review.  (B) A property owner whose land is the subject of a decision of the board of architectural review may appeal either:  (1) as provided in subsection (A); or  (2) by filing a notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with Section 6-29-915.  A notice of appeal and request for pre-litigation mediation must be filed within thirty days after the decision of the board is postmarked.  (C) Any filing of an appeal from a particular board of architectural review decision pursuant to the provisions of this chapter must be given a single docket number, and the appellant must be assessed only one filing fee pursuant to Section 8-21-310(C)(1).  HISTORY: 1994 Act No. 355, Section 1; 2003 Act No. 39, Section 8, eff June 2, 2003.  Effect of Amendment  The 2003 amendment added subsections (B) and (C) and designated the existing paragraph as subsection (A).
SC Code § 6-29-910 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-910. Contempt; penalty.

 In case of contempt by a party, witness, or other person before the board of architectural review, the board may certify the fact to the circuit court of the county in which the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.  HISTORY: 1994 Act No. 355, Section 1.
SC Code § 6-29-915 (2021)
2021 South Carolina Code of Laws|Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions|Chapter 29 - South Carolina Local Government Comprehensive Planning Enabling Act Of 1994|Section 6-29-915. Pre-litigation mediation; notice; settlement approval; effect on real property; unsuccessful mediation.

 (A) If a property owner files a notice of appeal with a request for pre-litigation mediation, the request for mediation must be granted and the mediation must be conducted in accordance with South Carolina Circuit Court Alternative Dispute Resolution Rules and this section. A person who is not the owner of the property may petition to intervene as a party, and this motion must be granted if the person has a substantial interest in the decision of the board of architectural review.  (B) The property owner or his representative, any other person claiming an ownership interest in the property or his representative, and any other person who has been granted leave to intervene pursuant to subsection (A) or his representative must be notified and have the opportunity to attend the mediation. The governmental entity must be represented by at least one person for purposes of mediation.  (C) Within five working days of a successful mediation, the mediator must provide the parties with a signed copy of the written mediation agreement.  (D) Before the terms of a mediation settlement may take effect, the mediation settlement must be approved by:  (1) the local legislative governing body in public session; and  (2) the circuit court as provided in subsection (G).  (E) Any land use or other change agreed to in mediation which affects existing law is effective only as to the real property which is the subject of the mediation, and a settlement agreement sets no precedent as to other parcels of real property.  (F) If mediation is not successful or if the mediated settlement is not approved by the local legislative governing body, a property owner may appeal by filing a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The petition must be filed with the circuit court within thirty days of:  (1) the report of an impasse as provided in the South Carolina Circuit Court Alternative Dispute Resolution Rules; or  (2) the failure to approve the settlement by the local governing body.  (G) The circuit court judge must approve the settlement if the settlement has a rational basis in accordance with the standards of this chapter. If the mediated settlement is not approved by the court, the judge must schedule a hearing for the parties to present evidence and must issue a written opinion containing findings of law and fact. A party may appeal from the decision:  (1) in the same manner as provided by law for appeals from other judgments of the circuit court; or  (2) by filing an appeal pursuant to subsection (F).  HISTORY: 2003 Act No. 39, Section 9, eff June 2, 2003.