Town of Sullivans Island v. Byrum
South Carolina Court of Appeals
413 S.E.2d 325, 306 S.C. 539 (1992)
- Written by Tanya Munson, JD
Facts
James, Harold, and Juanita Byrum (defendants) owned a home in the Town of Sullivans Island (the town) (plaintiff). In 1983, a fire damaged the Byrums’ residence. The Byrums decided to repair beyond the fire damage and instead renovated the house to be partially used as a bed and breakfast, including developing six separate bedrooms and bathrooms and a separate apartment and kitchen for the Byrums to live in. The town permitted certain home-occupation uses to be carried out in residential structures. The town’s zoning ordinance defined “permitted home occupation uses” to include conduct that is clearly incidental and secondary to the use of the home as a dwelling for residential purposes, does not change the character of the home, and does not take up more than 25 percent of the structure of the floor space. The Byrums sought a variance from the 25 percent limitation on home-occupation uses. The Board of Adjustment denied the application because a bed and breakfast was not a home occupation and the operation exceeded the 25 percent limitation. The Byrums appealed, and the circuit court reversed both findings. The town appealed, and the court of appeals reversed the circuit court and reinstated the denial of the variance. During these court proceedings, the town had amended its zoning ordinance to specifically prohibit the use of a residence as a boarding house. After the trial, the Byrums applied to the town for a license to operate the bed and breakfast, but the town denied their application. The Byrums continued to use more than 25 percent of the residence to operate the bed and breakfast, and the town brought suit. The town sought to enjoin the Byrums from using their home as a bed and breakfast boarding house because such use, the town argued, violated the applicable zoning ordinances. The trial court refused to grant the town’s requested injunctions, and the town appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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