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Myrtle Beach - Conway area Horry County
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Old 09-11-2014, 12:48 PM
 
28 posts, read 56,263 times
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Here is a question for all the lawyers out here. We are having a home built in Surfside beach, a block off the ocean. We are being told that Surfside will not allow homes in flood zones have elevators in them anymore. Is this legal? I certainly think that this goes against the American Disability Act. Any view points on this. By the way I will be bringing my 91 year old mother to live with us in a raised beach house. Really pissed right now. Hope someone has a good solution to this major set back.
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Old 09-11-2014, 10:27 PM
 
328 posts, read 431,024 times
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Quote:
Originally Posted by Grimreaper105 View Post
Here is a question for all the lawyers out here. We are having a home built in Surfside beach, a block off the ocean. We are being told that Surfside will not allow homes in flood zones have elevators in them anymore. Is this legal? I certainly think that this goes against the American Disability Act. Any view points on this. By the way I will be bringing my 91 year old mother to live with us in a raised beach house. Really pissed right now. Hope someone has a good solution to this major set back.
I do not think personally it would as the area zoning was placed with laws in mind but also to protect you and your family from issues in case of natural disasters etc.

Zoning laws are based on many things and so you might have to choose another location without this type of zoning that is already in place.

Personally I do not think it would be discriminating because there job is to protect you and your family in case of flooding, hurricanes etc.

Contact a local attorney if you feel the need to who can answer the legal aspects of your questions.

Did you not check the zoning laws and since you were needing a special item for your home that 99% of home would not need it would have been nice to go over the local zoning laws before you purchased the land to build a home. I am sure you can do many of things such as stair rail lifts inside the home etc that might help you.
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Old 09-12-2014, 08:27 AM
 
28 posts, read 56,263 times
Reputation: 16
This new law has just come into affect as of Sept 1 apparently. No warning, they are blaming FEMA for it.
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Old 09-12-2014, 09:39 AM
 
285 posts, read 634,345 times
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I'm not a lawyer, but from a common sense perspective I think that new zoning law is nuts. If there's a tropical storm or hurricane strong enough to create a flooding situation in your home then chances are there's probably going to be an evacuation order as well. So it's not like you'll be around to use the elevator during most storm situations when the house could be flooded. Therefore the zoning law is not necessary, after all how many people have really gotten injured using elevators in a flood. Gimme a break. Just put a disclaimer sticker on the elevator that says "do not use during fire, flood or earthquake" and be done with it. Gee, maybe we should ban the sale of ladders in earthquake zones too while we're at it too, because if you're on one during an earthquake you can be seriously injured. I think this is one case where the government has gone too far trying to protect us.

Moreover, if someone wants to put in a new hotel on the beach will that same zoning law prohibit them from putting in elevators? Of course not, because the hotel would be considered a public entity that would have to abide by Title II of the ADA and could be sued for not putting in elevators so the physically disabled can have access to the rooms in their hotel. So in effect I think the zoning law is discriminatory in the sense that individuals can not do in their homes what hotels and other businesses can, but I'm not sure it's a pure ADA claim. Definitely worth a free consult with a lawyer who specializes in ADA or discrimination.

Last edited by leetchy2; 09-12-2014 at 09:53 AM..
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Old 09-12-2014, 11:31 AM
 
28 posts, read 56,263 times
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Thank you Leetchy2. That is what I was looking for. I thought i was the only one using common sense.
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Old 09-12-2014, 02:19 PM
 
Location: Surfside Beach, SC
2,385 posts, read 3,648,500 times
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I am wondering who is telling you this about the elevators. Did you get this information from someone in the building department of Surfside Beach, or did other people tell you this? I do not believe it to be true information. There are a lot of rumors about what you can and can not do to your property if you live in SSB, but most of it is not accurate. We were told that SSB would not allow us to cut down any trees in our yard and that turned out to be totally untrue. We were able to cut down all the trees we asked about and were not given any problem with that.

Here's a link to the actual FEMA information: (And yes, it's dated 2010 and I did notice your post about Sept. 1st.)

http://www.fema.gov/media-library-da...a_tb_4_rev.txt

Last edited by vrexy; 09-12-2014 at 02:49 PM..
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Old 09-12-2014, 03:52 PM
 
285 posts, read 634,345 times
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Guess the simple way to find out for sure is to call or email someone in the township's building/zoning department. Their contact info is at their web site below:

Welcome to the Town of Surfside Beach, South Carolina - The Family Beach: It's all RIGHT Here!
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Old 09-12-2014, 04:22 PM
 
Location: Surfside Beach, SC
2,385 posts, read 3,648,500 times
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Quote:
Originally Posted by leetchy2 View Post
Guess the simple way to find out for sure is to call or email someone in the township's building/zoning department. Their contact info is at their web site below:

Welcome to the Town of Surfside Beach, South Carolina - The Family Beach: It's all RIGHT Here!
Yes! That's what we did to find out the truth about cutting down trees. So many people who live near us told us that there was no way they would let us cut trees, so we called them. That's why I asked who he got his elevator information from.

I mean to put that link for him, but forgot. Good information to have!
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Old 09-12-2014, 05:30 PM
 
28 posts, read 56,263 times
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Yes, I went through the tree thing already with the township. the lot is 11000 + sq ft. we have to leave at least 5 of the large oak trees standing as long as they did not interfere with the dwelling erection.
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Old 09-12-2014, 06:07 PM
 
Location: Surfside Beach, SC
2,385 posts, read 3,648,500 times
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Quote:
Originally Posted by Grimreaper105 View Post
Yes, I went through the tree thing already with the township. the lot is 11000 + sq ft. we have to leave at least 5 of the large oak trees standing as long as they did not interfere with the dwelling erection.
So, is it the town of SSB that is telling you that you can't have your elevator?
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