S.C. Code Ann. § 6-29-735: Replacement of homes in manufactured home communities; zoning.
Where this section sits in the code
- 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
- ARTICLE 5 Local Planning — Zoning
(A) As used in this section, the term:
(1) "Manufactured home" means a structure, not including a modular home, designed for temporary or permanent habitation and constructed to permit its transport on wheels, temporarily or permanently attached to its frame, from its place of construction or sale to a location where it is intended to be installed. The term includes a "manufactured home" as defined in 42 U.S.C. Section 5402(6) as amended.
(2) "New home" means a manufactured home purchased from either the original manufacturer or a dealer in the ordinary course of the dealer's business and has never been titled or previously occupied.
(3) "Single-family dwelling" means a manufactured home used as a single-family residence.
(B) Notwithstanding the provisions of Section 6-29-730 or another provision of law, when there is a replacement of a preexisting manufactured home with a manufactured home not more than five years old within a manufactured home community, or on any other residential land, a local government may not adopt or enforce any zoning decision or zoning ordinance, or any other regulation or restriction, or impose any conditions on the new home, the property upon which the home sits, or the owner's property that were not required of the preexisting home, home site, or property, that would prevent the continuance of the property owner's lawful nonconforming use that had existed relating to the preexisting home, the property upon which the home sat, or the owner's property. If the property is in a designated flood zone and the replacement of a preexisting manufactured home occurs the replacement must meet current federal and local flood elevation standards and building codes for the flood zone in which the property is located, such applicable standards and codes must be actively enforced on all dwelling types.
(C) The provisions of subsection (B) do not apply if:
(1) a discontinuance is necessary for the safety of life or property or to comply with applicable federal, state or local laws and regulations, including flood plain management, stormwater management, septic and sewer requirements, emergency access standards, building codes, and environmental protections, such applicable laws and regulations must be actively enforced on all dwelling types;
(2) the nonconforming use has been discontinued for the period of time established by ordinance which may not be less than twelve months, unless the discontinuance is caused by circumstances outside the control of the property owner;
(3) the replacement home would result in a change from the lawful nonconforming use as a single-family dwelling to another type of dwelling;
(4) the replacement home results in an obstruction to a shared driveway or shared sidewalk providing vehicular or pedestrian access to other homes and uses, unless the property owner makes modifications to the shared driveway or shared sidewalk that extinguishes the obstruction or the effects of the obstruction; or
(5) the owner of the real property where the manufactured home is located does not consent to the replacement of the manufactured home.
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