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LegalEagle, LLC
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wHAT ARE THE SOUTH CAROLINA STATE LAW REQUIREMENTS FOR SIDE ...

Resolved Question:

wHAT ARE THE SOUTH CAROLINA STATE LAW REQUIREMENTS FOR SIDE AND BACK SET BACKS REGARDING REAL PROPERTY?
Submitted: 7 years ago.
Category: Legal
Expert:  LegalEagle, LLC replied 7 years ago.
These are NOT generally set by state statute, but established by local zoning ordinances. You'll need to confirm the local requirements with the zoning board and any plan director that your county might have. These are local laws and ordinances, not state laws. You can request a copy of your local zoning ordinance from the commission and other than the fee to copy same, it is freely available to you.
Customer: replied 7 years ago.
Reply to LegalEagle, LLC's Post: Does this mean that the zoning people can even tell us where we can and cannot set a utility building on our own property? They are telling us that we must set it either 6' from the side property line or 10' from the back property line. This means that we are losing 22' of our property which is basically unusable out of a 100'X 200'lot. We feel like we are living under Communist rule with all these new zoning laws. What, if any, recourse do we have?
Expert:  LegalEagle, LLC replied 7 years ago.
I will be very honest that I too find the zoning laws in most jurisdictions to be offensive to my rights as a property owner. However, others like-minded to you and I have challenged such rulings as being an unconstitutional "taking" under the bills of rights and have lost. The Supreme Court has held that such regulations are only minor restrictions on the rights of property owners and this "slight" infringement is outweighed by the public benefit of zoning laws. Again, I share your beliefs 100%, but you and I are in the minority when it comes to property law and the way zoning ordinances are viewed by the courts. Your only option is to file for a special exception to the set-back limits and go before the board or commission and explain why you need an exception to the normal requirements. I wish I had a better option for you, but the law just doesn't support our view of property rights and the restrictions that result from these local zoning laws.
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