This Division provides regulatory standards governing land use and building form within the transect zones. The Form-Based Code reflects the community vision for implementing the intent of the Comprehensive Plan to preserve Daufuskie Island's character and create livable and walkable places. These standards are intended to ensure that proposed development is compatible with existing character and future development on neighboring properties produces an environment of desirable character.

(Ord. No. 2019/08, 1-28-19)

The requirements of this Division shall apply to all proposed development within the transect zones and shall be considered in combination with the standards for specific uses in Article 4 (Specific to Use), if applicable, and the development standards in Article 5 of the Beaufort County Community Development Code (Supplemental to Zones). If there is a conflict between any standards, the provisions of Article 4 of the Beaufort County Community Development Code (Specific to Use) control over this Article 3 (Specific to Zones) and Article 5 (Supplemental to Zones).

(Ord. No. 2019/08, 1-28-19)

(Ord. No. 2019/08, 1-28-19)

(Ord. No. 2019/08, 1-28-19)

(Ord. No. 2019/08, 1-28-19; Ord. No. 2020/48, 10-26-20)

(Ord. No. 2019/08, 1-28-19; Ord. No. 2020/48, 10-26-20)

(Ord. No. 2019/08, 1-28-19; Ord. No. 2020/48, 10-26-20)

(Ord. No. 2019/08, 1-28-19; Ord. No. 2020/48, 10-26-20)

This Division provides regulatory standards governing land use and building form within special overlay zones. These zones are typically applied to certain areas of the County on Daufuskie Island where extreme physical or cultural constraints need increased planning guidelines and consideration.

(Ord. No. 2019/08, 1-28-19)

The requirements of this Division shall apply to all proposed development within the overlay zones and shall be considered in combination with the standards for specific uses in Article 4 (Specific to Use), if applicable, and the development standards in Article 5 (Supplemental to Zones) of the Beaufort County Community Development Code. If there is a conflict between any standards, the provisions of Article 4 (Specific to Use) control over Article 3 (Specific to Zones) and Article 5 (Supplemental to Zones).

(Ord. No. 2019/08, 1-28-19)

A.

Purpose. The Heritage Corridor Overlay (HCO) zone is established to provide for the long-term protection of the culturally significant resources found on Daufuskie Island. The zone acknowledges Daufuskie Island's historic cultural landscape and its importance to Daufuskie Island and Beaufort County s most notable concentration of Gullah culture.

B.

District Boundaries. The boundaries of the HCO zone on Daufuskie Island are depicted on the Beaufort County Official Zoning Map. The Overlay District extends 200 feet from the centerline of each street that is identified on the Zoning Map, and any parcel that abuts the defined boundary shall be considered to be included within the overlay corridor and its standards. Where the zone applies, the permitted uses shall be limited to the base zoning in D2R, except where additional limitations are established within the overlay zone.

C.

Site Design and Architecture. Design features that impact other culturally significant locations, and franchise design are prohibited. All development within 200 feet of the streets of roads that define the district boundary in this zone shall be reviewed by the Beaufort County Design Review Board for both the site design and building style. Any development outside of this 200-foot standard shall not require review by the Design Review Board. All design and buildings shall meet the requirements of Lowcountry Vernacular design architectural style as set forth in Division 5.3 of the Beaufort County Community Development Code.

D.

Use Limitations. The following specific uses are deemed to be incompatible with the DI-HC-O zone; and therefore, are prohibited:

1.

Restricted Access (Gated Communities). An intentionally designed, secured bounded area with designated and landscaped perimeters, usually walled or fenced, that are designed to prevent access by non-residents.

2.

Resorts. This use includes lodging that serves as a destination point for visitors and designed with some combination of recreation uses or natural areas. Typical types of activities and facilities include marinas, beaches, pools, tennis, golf, equestrian, restaurants, shops, and the like. This restriction does not apply to ecotourism or its associated lodging.

3.

Golf Courses. This use includes regulation and par three golf courses having nine or more holes.

E.

Buffers. A buffer of natural vegetation and trees shall be retained when developed. If the buffer area has been cleared prior to development, or does not exist, a buffer consisting of natural vegetation and trees shall be installed. Minimum buffer requirements are in Table B.1.30.E.

All development shall be subject to the requirements of the thoroughfare buffer for 2 or 3 lanes as described in Division 5.8.50 of the Beaufort County Community Development Code.

(Ord. No. 2019/08, 1-28-19)

This Division establishes the land uses allowed in all zones within the County on Daufuskie Island and defines each of the land uses.

(Ord. No. 2019/08, 1-28-19)

The following table shown in B.3.20 defines the land uses that are allowed in each zone on Daufuskie Island. The uses are indicated as:

•

Permitted Use. A use that is permitted by right in a zone.

•

Conditional Use. A use that is permitted in a zone subject to the standards specified for that use being met, as determined by the Planning Commission.

•

Special Use. A use that may be permitted within a zone upon approval of a special use permit by the Zoning Board of Appeals (ZBOA). See Section 7.2.130 (Special Use Permits).

•

Not Permitted Use. A use that is not allowed or permitted in a zone.

The following table also B.3.20 defines the land use types for Daufuskie Island.

(Ord. No. 2019/08, 1-28-19; Ord. No. 2023/27, Exh. A, 7-10-23; Ord. No. 2025/19, Exh. A, 4-14-25)

A.

Short-Term Rental.

1.

Purpose and Applicability.

a.

Purpose. The County is committed to working to protect the traditional quality of life and character of its residential neighborhoods and coastal islands. The County has concerns about permitted short-term rentals resulting in increased traffic, noise, trash, parking needs, safety and possible adverse impacts and other undesirable changes to the nature of the historic districts of Daufuskie Island. Therefore, the County Council finds it appropriate and in the best interests of its residents, property owners, and visitors to regulate Short-Term Rental Properties (STRPs) within all Transect Zones on unincorporated Daufuskie Island.

This Article sets out standards for establishing and operating Short-Term Rental Properties. These regulations are intended to provide for an efficient use of residential dwellings as STRPs by:

1)

Providing for an annual permitting process to regulate STRPs;

2)

Balancing the interests of owner-occupied dwellings with properties that are frequently used in whole or in part by Short-Term Rental Tenants;

3)

Allowing homeowners to continue to utilize their residences in the manner permitted by this Ordinance for the Zoning District in which a particular home is located;

4)

Providing alternative accommodation options for lodging in residential dwellings;

5)

Complementing the accommodation options in environments that are desirable and suitable as a means for growing tourism; and

6)

Providing an opportunity for public comment on the granting of STRP permits in residential transect zones.

b.

Applicability.

1)

Short-Term Home Rental (STHR). A property with a residential dwelling where lodging is offered, advertised, or provided to Short-Term Rental Tenants (excluding family members) for a fee or any form of compensation with individual rental terms not exceeding 29 consecutive days. The subject property must be a legally permitted dwelling unit of one or more rooms arranged for complete independent housekeeping purposes with space for living and sleeping, facilities for eating and cooking, and provisions for sanitation. For the purposes of this regulation and for the avoidance of doubt, recreational vehicles, campers, fifth-wheel trailers, tents, shipping containers, and motor vehicles are not considered dwelling units. This definition does not regulate or replace other definitions for real or personal property taxes. Those standards must be complied with in accordance with the applicable regulations.

2)

Applicable Zoning Districts. STRPs shall be allowed within the Zoning Districts of this Ordinance in accordance with Division B.3.20: Consolidated Land Use Table and Land Use Definitions.

3)

Application. Applications for STRPs shall be made in compliance with this Article.

4)

All legally permitted dwelling units operating as STRs up through the year 2022 which can provide proof that accommodation taxes have been paid shall be allowed to continue to operate. All new STRs thereafter shall be subject to the processes established in B.3.20.

c.

Registration. All STRPs require a Short-Term Rental Property (STRP) Permit and Business License. Upon adoption of this Ordinance, STRPs will have 60 calendar days to submit applications to comply with the provisions of this Article. All STRs grandfathered shall complete an STR application and submit to the county to receive necessary permits.

2.

Operating Standards and Requirements.

a.

Permits and Renewals.

1)

After a STRP use has been authorized through the applicable zoning process(es), a Short-Term Rental Property (STRP) Permit for a STRP use and a Business License must be obtained prior to offering, advertising, or providing Short-Term Rental Properties for lodging as provided for in this Article.

2)

Short-Term Rental Property (STRP) Permits for all STRP uses must be renewed annually in compliance with this Article.

3)

STRP permits are not transferrable when a dwelling is sold. The new owner must complete the application process for a new permit.

b.

Short-Term Rental Property Tenant Notices.

1)

Each STRP must contain a Short-Term Rental Tenant notice posted in each room where Short-Term Rental Tenants may lodge. The notice must provide the following information:

a.

Contact information for the owner of the STRP;

b.

Short-Term Rental Property (STRP) Permit Number for the STRP use;

c.

Trash collection location and schedules, if applicable; and

d.

Fire and Emergency evacuation routes.

2)

A permanent 8.5" x 11" weatherproof sign shall be installed at the entrance to the property with the following information clearly shown:

a.

The street address;

b.

The STRP License Number;

c.

The 24-hour emergency contact's name and telephone number; and

d.

Maximum occupancy.

3)

Each STRP must contain a prominently posted "Good Neighbor Notice" providing information about local rules and regulations such as age limits for driving golf carts, local leash laws, "lights out" regulations during turtle nesting season, and information about the Beaufort County noise ordinance #2021/07.

3.

General Standards.

a.

Use Limitations and Standards.

1)

Legally permitted Principal Dwelling Units and Accessory Dwelling Units may be used as STRPs, even when they are located on the same property; however, Accessory Structures shall not be used as STRPs.

2)

Parking for Short-Term Rental Tenants shall comply with requirements in Division 5.5 of the County Community Development Code.

3)

Signage advertising STRPs is prohibited in Residential Zoning Districts.

4)

Due to Short-Term rentals on Daufuskie Island prominently being served by Well and Septic systems, maximum occupancy shall be considered. The maximum occupancy is two adults per bedroom plus two additional adults. Persons aged 12 years and older are to be considered adults. All persons aged less than 12 years old do not count against the maximum occupancy.

5)

Any designated agent shall be identified on the application for the Short-Term permit and posted within the rental.

6)

The owner must have a plan for the proper disposal and removal of trash and shall ensure any outdoor trash containers remain secured to avoid spills, animal intrusions, and unsightly conditions.

b.

Advertising.

c.

Whether by a hosting platform, via Internet or paid advertising, or other postings, advertisements, or announcements, the availability of a STRP shall include the County issued Short-Term Rental Property (STRP) Permit Number.

d.

Annual Short-Term Rental Property (STRP) Permit Renewal.

1)

Short-Term Rental Property (STRP) Permits for all STRPs must be renewed annually. An application for annual renewal of the Short-Term Rental Property (STRP) Permit must include:

a.

The application fee.

b.

A notarized affidavit signed by the property owner stating that the type of STRP use and the information submitted as part of the application for the previous year's Short-Term Rental Property (STRP) Permit for the STRP use has not changed in any manner whatsoever and that the STRP use complies with the most recently adopted version of this Article (form of Affidavit Provided by the County). A legible copy of a valid photo ID may be submitted in lieu of providing a notarized signature; and

c.

The applicant shall file an application for a new Short-Term Rental Property (STRP) Permit for a STRP use if the requirements are not met.

2)

If the Director of the Community Development Department determines that the STRP use is not consistent with the Special Exception that authorizes the use and/or Site Plan Review approval that authorizes the use, the applicant shall file an application for a new Short-Term Rental Property (STRP) Permit for the STRP use, including applicable Special Exception and/or Site Plan Review applications and fees.

3)

By the end of January of each calendar year, the owners of all registered STRPs will be mailed an annual renewal notice informing them that they must renew the Short-Term Rental Property (STRP) Permit for the STRP use on or before April 1st of the same calendar year or their existing Short-Term Rental Property (STRP) Permit will expire. The Short-Term Rental Property (STRP) Permit for the STRP use will terminate on April 1st of each year regardless of whether the applicant receives notice from the Zoning and Planning Department Director.

4.

Use Limitations and Requirements.

a.

Applicability. The limitations and requirements of this Section apply to all types of Short-Term Rental Properties (STRPs).

b.

Application Submittal Requirements. No application for a STRP shall be accepted as complete unless it includes at minimum the required fee and the information listed below.

1)

The name, address, email, and telephone number of all property owners of the Short-Term Rental Property (STRP).

2)

Completed Short-Term Rental Property application signed by all current property owner(s). For properties owned by corporations or partnerships, the applicant must submit a resolution of the corporation or partnership authorizing and granting the applicant signing and authority to act and conduct business on behalf of and bind the corporation or partnership.

3)

Restricted Covenants Affidavit(s) signed by the applicant or current property owner(s) in compliance with state law.

4)

Address and Property Identification Number of the property on which the STRP is located.

5)

The type of Dwelling Unit(s) that is proposed to be used as a STRP must be a legally permitted dwelling unit of one or more rooms arranged for complete independent housekeeping purposes with space for living and sleeping, facilities for eating and cooking, and provisions for sanitation.

6)

The maximum number of bedrooms in the Dwelling Unit(s) proposed to be used as a STRP.

5.

Enforcement and Violations.

a.

Notwithstanding the provisions of this Ordinance, a STRP Short-Term Rental Property (STRP) Permit may be administratively revoked by the Community Development Department Director or his designee if the STRP has violated the provisions of this Article on three or more occasions within a 12-month period. Provided however, a STRP Short-Term Rental Property (STRP) Permit may be immediately revoked if the Community Development Department Director determines the STRP has Building Code violations, there is no Business License for the property, the property is being used in a manner not consistent with the Short-Term Rental Property (STRP) Permit issued for the STRP use, or the advertisement for the STRP does not include the County issued Short-Term Rental Property (STRP) Permit Number.

b.

If a STRP Short-Term Rental Property (STRP) Permit is administratively revoked or an application for a STRP Short-Term Rental Property (STRP) Permit is administratively denied, a STRP owner (or authorized agent) may appeal the Community Development Department Director's administrative decision revoking or denying the STRP Short-Term Rental Property (STRP) Permit to the Board of Zoning Appeals within 30 calendar days from the date of the denial or revocation. All appeals shall be addressed in accordance with the appeal procedures as defined in the Community Development Code.

c.

Subsequent Application. Once a County-issued Short-Term Rental Property (STRP) Permit and/or a Business License for a STRP use has been revoked, no new Short-Term Rental Property (STRP) Permit and/or Business License for a STRP use shall be issued to the applicant for the same property for a period of one year from the date of revocation. Upon expiration of the revocation period, a new Short-Term Rental Property (STRP) Permit application for a STRP use must be submitted in accordance with this Article. This provision may be waived provided the property is sold to a new owner that has no business or personal affiliation with the previous owner.

(Ord. No. 2023/27, Exh. A, 7-10-23)

The purpose of this Division is to:

A.

Provide standards for the subdivision of rural lands on Daufuskie Island that maintain the character and heritage of the rural lands while allowing to opportunity to provide for small dwellings in a Cottage Court design in Cluster Compounds to provide for affordable housing and housing that will allow the elderly to remain on Daufuskie Island.

B.

Allow long-time rural residents to protect a traditional way of life and provide affordable housing for family members that in turn helps stabilize and preserve the Island's traditional rural communities.

(Ord. No. 2019/08, 1-28-19)

The standards found in this Division apply to zones and subzones within D2R district of Transect 2 on Daufuskie Island.

A.

Intent. The rural small lot subdivision, or also known as the cottage close type of development, is designed to allow landowners of rural lots greater flexibility to subdivide land that is generally not allowed to be subdivided under this Development Code because of the density limitations in the D2R Zone to provide for Cluster Compound developments.

B.

Applicability. Use of the rural small lot cottage court subdivision option is limited as identified in Table 2.1.30.A and cannot be transferred to any other parcel.

C.

Minimum Development Standards for Rural Small Lot Cottage Court Subdivisions. Rural small lot cottage court subdivisions shall comply with the following:

1.

Parent Parcel. The parent parcel constitutes the total site. Any development of this type shall require a minimum of a four-acre parent parcel with a maximum parent parcel of eight acres. All residential units or parcels shall be clustered around a courtyard or small access street, and the area not developed shall be preserved and all significant tress saved.

2.

Residential Units or Lots. The number of lots or units allowed in a rural small lot subdivision is established in Table B.4.30.C. All lots or residential structures shall be clustered within a one or two-acre envelope as shown in Table 2.1.30.A.

D.

Restrictions on Future Subdivisions. A note shall appear on all plats for rural small lot cottage court subdivisions specifying the number of remaining by-right lots that can be subdivided from the parent tract should the maximum lots or residential units defined in Table 2.1.30.A not be developed initially. If all by-right lots are subdivided or units constructed, the note shall state that no subdivisions of the parent parcel shall be allowed.

(Ord. No. 2019/08, 1-28-19)

Family compounds shall comply with the following standards

A.

Fifty (50) Years of Ownership. A single member of the family, multiple members of the family, or an unbroken succession of family members shall own a family compound property for no less than 50 years. All owners of the property shall request the family compound.

B.

Familial Relationship of those Receiving Property and/or Dwelling Unit. The person(s) for whom the family dwelling units are built, and/or the property subdivided shall be related to the owner of the property by blood, marriage, or adoption.

C.

Property May be Subdivided. Family compounds shall be developed, and the dwelling units built, or the family compound property may be subdivided and conveyed by the landowner to a family member to build a dwelling unit. Family compounds that are subdivided are limited to the maximum number of units without clustering shown in Table 2.7.40.A.

D.

Family Compound Design. The family compound shall be designed as follows:

1.

Lots or dwelling units may be designed in a conventional form, or as a traditional cluster. For the purposes of this Section, traditional cluster means there must be a minimum of two dwelling units on the parcel and the average distance between dwelling units is no greater than 50 feet.

2.

The maximum density that may be achieved on family compounds is outlined in Table 2.1.40.A (Maximum Densities of Family Compounds). This maximum density includes dwelling units and accessory dwelling units.

3.

For family compounds that are clustered:

a.

There is no minimum lot area;

b.

The minimum separation between dwelling units is 15 feet; and

c.

A land development plan shall be submitted for approval. See Section 7.2.60 (Land Development Plan). The land development plan shall be drawn to scale and clearly indicate all property lines and the location of all existing and proposed structures.

4.

For family compounds that are not clustered the minimum lot area is one-half acre.

E.

Covenants Required. Family compounds that are subdivided shall be accompanied by covenants and cross easements, or similar restrictions and reservations, guaranteeing essential infrastructure and 50 feet of vehicular access for each lot.

F.

Septic Systems and Reserve Areas. No family dwelling unit shall be built unless the appropriate agency has determined that septic systems and reserve areas in the family compound are sufficient to serve all units in the compound.

G.

Leasing. No family dwelling unit shall be leased for five years from the date of approval unless the lessee is related to the property owner by blood, marriage, or adoption.

H.

Conveyance of Land Approved as Family Compound. No portion of a tract of land approved as a family compound in accordance with this Section shall be conveyed for five years from the date of approval of the family compound unless the grantee is related to the property owner by blood, marriage, or adoption. This limitation on conveyance shall:

1.

Be recorded on the plat of the property, on the plats of any property subdivided and conveyed by the landowner(s) under this Section, and in a database accessible to county staff.

2.

Not operate to prohibit actions in foreclosure brought by lenders that are participating in the secondary mortgage market.

3.

Not operate to prohibit sale by the county of the entire tract or a portion of it for nonpayment of property taxes.

I.

Affidavit Required. Applicants must submit a sworn affidavit recorded in the Register of Deeds Office with the following information:

1.

There has been no intentional misrepresentation during the application process;

2.

There shall be no lease of a family dwelling unit to a nonfamily member within five years of approval; or

3.

There shall be no conveyance of any portion of a tract of land granted a dwelling unit or lot under this section to a nonfamily member within five years of approval.

J.

Violations and Enforcement.

1.

A violation of this section shall consist of the following:

a.

Intentional misrepresentation during the application process;

b.

Lease of a family dwelling unit to a nonfamily member within five years of approval; or

c.

Conveyance of any portion of a tract of land granted a dwelling unit or lot under this section to a nonfamily member within five years of approval.

2.

Penalties may be waived by the Director if it can be shown that lease or conveyance to a nonfamily member was absolutely necessary to avoid foreclosure on either a family dwelling unit or any portion of a tract granted a dwelling unit under this section.

3.

Until the violation has been addressed in accordance with Article 9 (Enforcement), the Director shall not permit additional dwelling units on the family compound or further subdivision under this section in the violator's family compound.

4.

As a condition of approval, the applicant and the person(s) for whom the family dwelling unit is to be built or the property subdivided shall read and sign disclosure forms describing any violations of this section and applicable penalties.

5.

A violation shall not have the effect of clouding the title of a parcel subdivided under this Section.

(Ord. No. 2019/08, 1-28-19)

Table B.5.10 provides a listing of each of the relevant articles and sections of the CDC and their applicability to Appendix B.

(Ord. No. 2019/08, 1-28-19)

(Ord. No. 2019/08, 1-28-19)