reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-125. Charges for services; pledges.

A joint system may fix, charge, and collect rents, rates, fees, and charges for its services. For so long as any bonds of a joint system are outstanding and unpaid, the rents, rates, fees, and charges must be fixed to provide revenues at least sufficient, together with other available funds, to pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects, and all necessary repairs, replacements, or renewals; to pay when due the principal of, premium, if any, and interest on all bonds payable from the revenues; to create and maintain reserves and comply with covenants as may be required by any resolution or trust agreement authorizing and securing bonds; and to pay any and all amounts which the joint system may be obligated to pay from the revenues by law or contract.
A pledge made by a joint system pursuant to this chapter is valid and binding from the date the pledge is made. The revenues, securities, and other monies so pledged and then held or thereafter received by the joint system or any fiduciary is immediately subject to the lien of the pledge without any physical delivery or further act, and the lien of the pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority or joint system without regard to whether the parties have notice.
HISTORY: 1986 Act No. 456, Section 7; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment, in the first undesignated paragraph, in the first sentence substituted "its services" for "water and other services, related to the impounding, production, treatment, transmission, distribution, sale, and service of water"; and, in the second undesignated paragraph, in the second sentence substituted "authority" for "municipality".
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-126. Temporary investment of funds pending disbursements.

The resolution authorizing the bonds or construction notes of any issue or the trust agreement securing the bonds or construction notes may provide that any of the monies may be temporarily invested and reinvested pending disbursements and the securities and other investments provided in the resolution or trust agreement, and must provide that any bank or trust company with which the monies are deposited shall act as trustee of the monies and shall hold and apply them for the purposes of this chapter, subject to regulation as this chapter and the resolution or trust agreement may provide.
HISTORY: 1986 Act No. 456, Section 7; 1999 Act No. 113, Section 16; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-127. Enforcement of bondholder and construction note holder rights.

Any holder of bond or construction notes issued under the provisions of this chapter or any of the coupons appertaining to them, and the trustee under any trust agreement, except to the extent the rights given by this chapter may be restricted by the trust agreement or the resolution authorizing the issuance of the bonds or construction notes, may, either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights under the laws of the State or granted under this chapter, or, to the extent permitted by law, under the trust agreement or resolution authorizing the issuance of the bonds or under any agreement or other contract executed by the joint system pursuant to this chapter, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by any joint system or authority or by their officers, including the fixing, charging, and collecting of rents, fees, and charges.
HISTORY: 1986 Act No. 456, Section 7; 1999 Act No. 113, Section 17; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment substituted "authority" for "municipality".
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-129. Governmental functions; state tax exemption.

A joint system is an instrumentality of local government, and is authorized by this chapter exclusively for the performance of governmental functions, and the income of a joint system is exempt from state taxes.
HISTORY: 1999 Act No. 113, Section 2; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-130. Employment or appointment of personnel; rights, privileges, and benefits.

Personnel employed or appointed by a member to work for a joint system shall have the same authority, rights, privileges, and immunities including coverage under the Workers' Compensation laws which the officers, agents, and employees of the appointing member enjoy within the territory of that member whether within or without the territory of the appointing member when they are acting within the scope of their authority or in the course of their employment.
Personnel employed or appointed directly by a joint system shall be qualified for participation in the South Carolina Retirement System with the same rights, privileges, obligations, and responsibilities as they would have if they were employees of an authority, if they are residents of this State.
HISTORY: 1983 Act No. 82, Section 2; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment, in the second undesignated paragraph, substituted "an authority" for "a municipality".
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-131. Restriction as to who may benefit from joint system income, profit or assets; exception.

The income, profit, or assets of a joint system may not inure to the benefit of an individual or private entity, except for a joint authority water and sewer system created under this chapter.
HISTORY: 1999 Act No. 113, Section 3; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment added ", except for a joint authority water and sewer system created under this chapter", and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-140. Annual system audit; reports.

There shall be an annual audit of each joint system and reports given to the governing body of each of the members. The costs shall be considered as part of the construction costs or part of expenses of administration.
HISTORY: 1983 Act No. 82, Section 2; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-145. Investment by fiduciaries in bonds and construction notes.

It is lawful for any executor, administrator, guardian, committee, or other fiduciary to invest any monies in his hand in bonds and construction notes issued under the provisions of this chapter.
HISTORY: 1986 Act No. 456, Section 8; 1999 Act No. 113, Section 18; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-150. Contracts with federal and state government and agencies.

The commission of any joint system may make application for grants and enter into contracts for and accept grants in aid and loans from the federal and state governments and their agencies in connection with the planning, acquiring, constructing, expanding, maintaining, and operating any project, or participating in any research or development program in connection therewith. The commission may agree to comply with any reasonable conditions which are imposed upon such grants, loans, or aids, and may accept such without a contract.
HISTORY: 1983 Act No. 82, Section 2; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-155. Bonds, interest coupons and construction notes as investment securities.

Whether or not the bonds and interest coupons appertaining to them and construction notes are of a form and character as to be investment securities under Chapter 8 of Title 36, all bonds and interest coupons appertaining to them and construction notes issued under this chapter are hereby made investment securities within the meaning of and for all the purposes of Chapter 8 of Title 36, subject only to the provisions of the bonds and construction notes pertaining to registration.
HISTORY: 1986 Act No. 456, Section 9; 1999 Act No. 113, Section 19; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-160. Tax status of evidences of indebtedness issued by joint system.

The principal and interest on the bonds, notes, construction notes, or other evidences of indebtedness issued pursuant to this chapter have the tax-exempt status prescribed by Section 12-2-50.
HISTORY: 1983 Act No. 82, Section 2; 1999 Act No. 113, Section 20; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 25 - Joint Authority Water And Sewer Systems Act › Section 6-25-170. Construction of chapter.

The provisions of this chapter must be liberally construed.
HISTORY: 1983 Act No. 82, Section 2; 2007 Act No. 59, Section 1, eff June 6, 2007.
Effect of Amendment
The 2007 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 27 - State Aid To Subdivisions Act › Section 6-27-10. Short title.

This chapter may be cited as the "State Aid to Subdivisions Act".
HISTORY: 1991 Act No. 171, Part II, Section 22A; 2019 Act No. 84 (H.3137), Section 1, eff May 24, 2019.
Editor's Note
2019 Act No. 84, Section 2, provides as follows:
"SECTION 2. This act takes effect upon approval by the Governor and first applies to the annual general appropriations bill process for Fiscal Year 2020-2021."
Effect of Amendment
2019 Act No. 84, Section 1, inserted quotations marks around "State Aid to Subdivisions Act".
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 27 - State Aid To Subdivisions Act › Section 6-27-20. Local Government Fund.

There is created the Local Government Fund administered by the State Treasurer. This fund is part of the general fund of the State. The Local Government Fund must be financed as provided in this chapter.
HISTORY: 1991 Act No. 171, Part II, Section 22A; 2019 Act No. 84 (H.3137), Section 1, eff May 24, 2019.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
Editor's Note
2019 Act No. 84, Section 2, provides as follows:
"SECTION 2. This act takes effect upon approval by the Governor and first applies to the annual general appropriations bill process for Fiscal Year 2020-2021."
Effect of Amendment
2019 Act No. 84, Section 1, deleted the third, fourth, and fifth sentences, which exempted the fund from mid-year cuts, with an exception.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 27 - State Aid To Subdivisions Act › Section 6-27-40. Distribution of monies appropriated to Local Government Fund; use of funds distributed.

(A) No later than thirty days after the end of the calendar quarter, the State Treasurer shall distribute the monies appropriated to the Local Government Fund as follows:
(1) Eighty-three and two hundred seventy-eight thousandths percent must be distributed to counties. Of the total distributed to counties, each county must receive an amount based on the ratio that the county's population is of the whole population of this State according to the most recent United States Census.
(2) Sixteen and seven hundred twenty-two thousandths percent must be distributed to municipalities. Of the total distributed to municipalities, each municipality must receive an amount based on the ratio that the municipality's population is of the population of all municipalities in this State according to the most recent United States Census.
(B) In making the quarterly distribution to counties, the State Treasurer must notify each county of the amount that must be used for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool these funds with other counties and may combine these funds with other funds for the same purposes. The amount that must be used as provided in this subsection is equal to twenty-five percent of the revenue derived pursuant to Section 12-33-245 allocated on a per capita basis according to the most recent United States Census.
HISTORY: 1991 Act No. 171, Part II, Section 22A; 1996 Act No. 415, Section 2; 2019 Act No. 84 (H.3137), Section 1, eff May 24, 2019.
Editor's Note
2019 Act No. 84, Section 2, provides as follows:
"SECTION 2. This act takes effect upon approval by the Governor and first applies to the annual general appropriations bill process for Fiscal Year 2020-2021."
Effect of Amendment
2019 Act No. 84, Section 1, in (A), made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 27 - State Aid To Subdivisions Act › Section 6-27-50. Omitted.

HISTORY: Former Section, titled Restrictions on amendment or repeal of chapter, had the following history: 1991 Act No. 171, Part II, Section 22A. Omitted by 2019 Act No. 84, Section 1, eff May 24, 2019.
2023 South Carolina Code of Laws › Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions › Chapter 27 - State Aid To Subdivisions Act › Section 6-27-55. Funding for county offices.

From funds distributed to the county pursuant to Section 6-27-40, a county council shall provide a reasonable amount of funds for all county offices of state agencies for which the council is required to provide funding by state law.
HISTORY: 1996 Act No. 458, Part II, Section 105; 2019 Act No. 84 (H.3137), Section 1, eff May 24, 2019.
Editor's Note
2019 Act No. 84, Section 2, provides as follows:
"SECTION 2. This act takes effect upon approval by the Governor and first applies to the annual general appropriations bill process for Fiscal Year 2020-2021."
Effect of Amendment
2019 Act No. 84, Section 1, reenacted the section with no apparent change.
2023 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 6-29-310. "Local planning commission" defined.

For purposes of this chapter, "local planning commission" means a municipal planning commission, a county planning commission, a joint city-county planning commission, or a consolidated government planning commission.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-320. Bodies authorized to create local planning commissions.

The city council of each municipality may create a municipal planning commission. The county council of each county may create a county planning commission. The governing body of a consolidated government may create a planning commission. Any combination of municipal councils and a county council or any combination of municipal councils may create a joint planning commission.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-330. Areas of jurisdiction; agreement for county planning commission to act as municipal planning commission.

(A) A municipality may exercise the powers granted under the provisions of this chapter in the total area within its corporate limits. A county may exercise the powers granted under the provisions of this chapter in the total unincorporated area or specific parts of the unincorporated area. Unincorporated areas of the county or counties adjacent to incorporated municipalities may be added to and included in the area under municipal jurisdiction for the purposes of this chapter provided that the municipality and county councils involved adopt ordinances establishing the boundaries of the additional areas, the limitations of the authority to be exercised by the municipality, and representation on the boards and commissions provided under this chapter. The agreement must be formally approved and executed by the municipal council and the county councils involved.
(B) The governing body of a municipality may designate by ordinance the county planning commission as the official planning commission of the municipality. In the event of the designation, and acceptance by the county, the county planning commission may exercise the powers and duties as provided in this chapter for municipal planning commissions as are specified in the agreement reached by the governing authorities. The agreement must specify the procedures for the exercise of powers granted in the chapter and shall address the issue of equitable representation of the municipality and the county on the boards and commissions authorized by this chapter. This agreement must be formally stated in appropriate ordinances by the governing authorities involved.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-350. Membership; terms of office; compensation; qualifications.

(A) A local planning commission serving not more than two political jurisdictions may not have less than five nor more than twelve members. A local planning commission serving three or more political jurisdictions shall have a membership not greater than four times the number of jurisdictions it serves. In the case of a joint city-county planning commission the membership must be proportional to the population inside and outside the corporate limits of municipalities.
(B) No member of a planning commission may hold an elected public office in the municipality or county from which appointed. Members of the commission first to serve must be appointed for staggered terms as described in the agreement of organization and shall serve until their successors are appointed and qualified. The compensation of the members, if any, must be determined by the governing authority or authorities creating the commission. A vacancy in the membership of a planning commission must be filled for the unexpired term in the same manner as the original appointment. The governing authority or authorities creating the commission may remove any member of the commission for cause.
(C) In the appointment of planning commission members the appointing authority shall consider their professional expertise, knowledge of the community, and concern for the future welfare of the total community and its citizens. Members shall represent a broad cross section of the interests and concerns within the jurisdiction.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-360. Organization of commission; meetings; procedural rules; records; purchases.

(A) A local planning commission shall organize itself electing one of its members as chairman and one as vice-chairman whose terms must be for one year. It shall appoint a secretary who may be an officer or an employee of the governing authority or of the planning commission. The planning commission shall meet at the call of the chairman and at such times as the chairman or commission may determine.
(B) The commission shall adopt rules of organizational procedure and shall keep a record of its resolutions, findings, and determinations, which record must be a public record. The planning commission may purchase equipment and supplies and may employ or contract for such staff and such experts as it considers necessary and consistent with funds appropriated.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-370. Referral of matters to commission; reports.

The governing authority may provide for the reference of any matters or class of matters to the local planning commission, with the provision that final action on it may not be taken until the planning commission has submitted a report on it or has had a reasonable period of time, as determined by the governing authority to submit a report.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-380. Funding of commissions; expenditures; contracts.

A local planning commission may cooperate with, contract with, or accept funds from federal government agencies, state government agencies, local general purpose governments, school districts, special purpose districts, including those of other states, public or eleemosynary agencies, or private individuals or corporations; it may expend the funds; and it may carry out such cooperative undertakings and contracts as it considers necessary.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-520. Advisory committees; notice of meetings; recommendations by resolution; transmittal of recommended plan.

(A) In the preparation or periodic updating of any or all planning elements for the jurisdiction, the planning commission may use advisory committees with membership from both the planning commission or other public involvement mechanisms and other resource people not members of the planning commission. If the local government maintains a list of groups that have registered an interest in being informed of proceedings related to planning, notice of meetings must be mailed to these groups.
(B) Recommendation of the plan or any element, amendment, extension, or addition must be by resolution of the planning commission, carried by the affirmative votes of at least a majority of the entire membership. The resolution must refer expressly to maps and other descriptive matter intended by the planning commission to form the whole or element of the recommended plan and the action taken must be recorded in its official minutes of the planning commission. A copy of the recommended plan or element of it must be transmitted to the appropriate governing authorities and to all other legislative and administrative agencies affected by the plan.
(C) In satisfying the preparation and periodic updating of the required planning elements, the planning commission shall review and consider, and may recommend by reference, plans prepared by other agencies which the planning commission considers to meet the requirements of this article.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-530. Adoption of plan or elements; public hearing.

The local planning commission may recommend to the appropriate governing body and the body may adopt the plan as a whole by a single ordinance or elements of the plan by successive ordinances. The elements shall correspond with the major geographical sections or divisions of the planning area or with functional subdivisions of the subject matter of the comprehensive plan, or both. Before adoption of an element or a plan as a whole, the governing authority shall hold a public hearing on it after not less than thirty days' notice of the time and place of the hearings has been given in a newspaper having general circulation in the jurisdiction.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-540. Review of proposals following adoption of plan; projects in conflict with plan; exemption for utilities.

When the local planning commission has recommended and local governing authority or authorities have adopted the related comprehensive plan element set forth in this chapter, no new street, structure, utility, square, park, or other public way, grounds, or open space or public buildings for any use, whether publicly or privately owned, may be constructed or authorized in the political jurisdiction of the governing authority or authorities establishing the planning commission until the location, character, and extent of it have been submitted to the planning commission for review and comment as to the compatibility of the proposal with the comprehensive plan of the community. In the event the planning commission finds the proposal to be in conflict with the comprehensive plan, the commission shall transmit its findings and the particulars of the nonconformity to the entity proposing the facility. If the entity proposing the facility determines to go forward with the project which conflicts with the comprehensive plan, the governing or policy making body of the entity shall publicly state its intention to proceed and the reasons for the action. A copy of this finding must be sent to the local governing body, the local planning commission, and published as a public notice in a newspaper of general circulation in the community at least thirty days prior to awarding a contract or beginning construction. Telephone, sewer and gas utilities, or electric suppliers, utilities and providers, whether publicly or privately owned, whose plans have been approved by the local governing body or a state or federal regulatory agency, or electric suppliers, utilities and providers who are acting in accordance with a legislatively delegated right pursuant to Chapter 27 or 31 of Title 58 or Chapter 49 of Title 33 are exempt from this provision. These utilities must submit construction information to the appropriate local planning commission.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-710. Zoning ordinances; purposes.

(A) Zoning ordinances must be for the general purposes of guiding development in accordance with existing and future needs and promoting the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare. To these ends, zoning ordinances must be made with reasonable consideration of the following purposes, where applicable:
(1) to provide for adequate light, air, and open space;
(2) to prevent the overcrowding of land, to avoid undue concentration of population, and to lessen congestion in the streets;
(3) to facilitate the creation of a convenient, attractive, and harmonious community;
(4) to protect and preserve scenic, historic, or ecologically sensitive areas;
(5) to regulate the density and distribution of populations and the uses of buildings, structures and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports and approaches thereto, water supply, sanitation, protection against floods, public activities, and other purposes;
(6) to facilitate the adequate provision or availability of transportation, police and fire protection, water, sewage, schools, parks, and other recreational facilities, affordable housing, disaster evacuation, and other public services and requirements. "Other public requirements" which the local governing body intends to address by a particular ordinance or action must be specified in the preamble or some other part of the ordinance or action;
(7) to secure safety from fire, flood, and other dangers; and
(8) to further the public welfare in any other regard specified by a local governing body.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-715. Church-related activities; zoning ordinances for single family residences.

(A) For purposes of this section, "church-related activities" does not include regularly scheduled worship services.
(B) Notwithstanding any other provision of law, no zoning ordinance of a municipality or county may prohibit church-related activities in a single-family residence.
HISTORY: 1998 Act No. 276, Section 2.
2023 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 6-29-730. Nonconformities.

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. 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.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-740. Planned development districts.

In order to achieve the objectives of the comprehensive plan of the locality and to allow flexibility in development that will result in improved design, character, and quality of new mixed use developments and preserve natural and scenic features of open spaces, the local governing authority may provide for the establishment of planned development districts as amendments to a locally adopted zoning ordinance and official zoning map. The adopted planned development map is the zoning district map for the property. The planned development provisions must encourage innovative site planning for residential, commercial, institutional, and industrial developments within planned development districts. Planned development districts may provide for variations from other ordinances and the regulations of other established zoning districts concerning use, setbacks, lot size, density, bulk, and other requirements to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the public health, safety, and general welfare. Amendments to a planned development district may be authorized by ordinance of the governing authority after recommendation from the planning commission. These amendments constitute zoning ordinance amendments and must follow prescribed procedures for the amendments. The adopted plan may include a method for minor modifications to the site plan or development provisions.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-750. Special development district parking facility plan; dedication.

In accordance with a special development district parking facility plan and program, which includes guidelines for preferred parking locations and indicates prohibited parking areas, the planning commission may recommend and the local governing body may adopt regulations which permit the reduction or waiver of parking requirements within the district in return for cash contributions or dedications of land earmarked for provision of public parking or public transit which may not be used for any other purpose. The cash contributions or the value of the land may not exceed the approximate cost to build the required spaces or provide the public transit that would have incurred had not the reduction or waiver been granted.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-760. Procedure for enactment or amendment of zoning regulation or map; notice and rights of landowners; time limit on challenges.

(A) Before enacting or amending any zoning regulations or maps, the governing authority or the planning commission, if authorized by the governing authority, shall hold a public hearing on it, which must be advertised and conducted according to lawfully prescribed procedures. If no established procedures exist, then at least fifteen days' notice of the time and place of the public hearing must be given in a newspaper of general circulation in the municipality or county. In cases involving rezoning, 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. If the local government maintains a list of groups that have expressed an interest in being informed of zoning proceedings, notice of such meetings must be mailed to these groups. No change in or departure from the text or maps as recommended by the local planning commission may be made pursuant to the hearing unless the change or departure be first submitted to the planning commission for review and recommendation. The planning commission shall have a time prescribed in the ordinance which may not be more than thirty days within which to submit its report and recommendation on the change to the governing authority. If the planning commission fails to submit a report within the prescribed time period, it is deemed to have approved the change or departure. When the required public hearing is held by the planning commission, no public hearing by the governing authority is required before amending the zoning ordinance text or maps.
(B) If a landowner whose land is the subject of a proposed amendment will be allowed to present oral or written comments to the planning commission, at least ten days' notice and an opportunity to comment in the same manner must be given to other interested members of the public, including owners of adjoining property.
(C) An owner of adjoining land or his representative has standing to bring an action contesting the ordinance or amendment; however, this subsection does not create any new substantive right in any party.
(D) No challenge to the adequacy of notice or challenge to the validity of a regulation or map, or amendment to it, whether enacted before or after the effective date of this section, may be made sixty days after the decision of the governing body if there has been substantial compliance with the notice requirements of this section or with established procedures of the governing authority or the planning commission.
HISTORY: 1994 Act No. 355, Section 1.
2023 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 6-29-775. Use of property obtained from federal government.

Notwithstanding the provisions of Section 6-29-770 of the 1976 Code or any other provision of law, a state agency or entity that acquires real property from the federal government or from a state instrumentality or redevelopment agency that received it from the federal government shall be permitted to use the property in the same manner the federal government was permitted to use the property. Further, the property in the hands of the state agency or entity shall be subject only to the same restrictions, if any, as it was in the hands of the federal government, and no county or municipality of this State by zoning or other means may restrict this permitted use or enjoyment of the property.
HISTORY: 2002 Act No. 256, Section 3.
Code Commissioner's Note-
Codified as Section 6-29-775 at the direction of the Code Commissioner.
2023 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 6-29-780. Board of zoning appeals; membership; terms of office; vacancies; compensation.

(A) As a part of the administrative mechanism designed to enforce the zoning ordinance, the zoning ordinance may provide for the creation of a board to be known as the board of zoning appeals. Local governing bodies with a joint planning commission and adopting a common zoning ordinance may create a board to be known as the joint board of appeals. All of these boards are referred to as the board.
(B) The board consists of not less than three nor more than nine members, a majority of which constitutes a quorum, appointed by the governing authority or authorities of the area served. The members shall serve for overlapping terms of not less than three nor more than five years or after that time until their successors are appointed. A vacancy in the membership must be filled for the unexpired term in the same manner as the initial appointment. The governing authority or authorities creating the board of zoning appeals may remove any member of the board for cause. The appointing authorities shall determine the amount of compensation, if any, to be paid to the members of a board of zoning appeals. None of the members shall hold any other public office or position in the municipality or county.
HISTORY: 1994 Act No. 355, Section 1.
2023 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.
2023 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.
2023 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).