The duty to administer and to enforce the provisions of this Chapter is hereby conferred upon the zoning administrator, herein referred to as the administrative officer of the Zoning Ordinance. The city building inspector shall inspect all construction or alteration for which permits are issued by the city engineer or as authorized by the Board of Zoning Appeals or as authorized by the Board of Architectural Review, as hereinafter provided, and shall make a weekly report in writing to the city engineer's office, listing all construction inspected and specifying any work observed by him which is not in accordance with permits issued, or which violates this chapter or any other ordinance of the city. The officers and patrolmen of the police department, so far as is practicable, shall inspect daily all construction in progress in the city, and shall report promptly to the chief of police who shall advise the city engineer's office of any construction whereon is not displayed a building permit, as required by ordinance. Any person to whom a building permit is issued shall notify the city engineer's office in writing, twenty-four hours before commencing work of the exact day upon which he intends to begin construction or alteration, so that the proper inspections can be made.

The city electrician, before authorizing the increase of electric meters on any premises or the cutting in of electrical current to be used directly or indirectly for the purposes of lighting or operating signs, shall consult with the administrative officer and see that the application has been approved for additional dwelling units or the application for signs has been applied for and granted as required by this Chapter.

The plumbing inspector, before authorizing the installation of additional sinks or bathrooms, shall consult with the administrative officer and see that the necessary application permits have been granted as required by this Chapter.

(Ord. No. 1999-54, § 4, 4-27-99)

It shall be the duty of the corporation counsel, upon instructions of the mayor or by resolution of council, to bring suit in the name of the city to enjoin any use of land, alteration or demolition of any building or structure or erection of any building or structure in conflict with the provisions of this chapter.

A building permit issued by the administrative officer is required in advance of construction, erection, moving or alteration or demolition of any building or structure. In cases involving necessary action by the Board of Zoning Appeals or Board of Architectural Review as provided elsewhere herein, such action shall be complied with before issuance of a building permit by the administrative officer.

No excavation for foundation nor the erection, construction or structural alteration of any structure or part of a structure, or occupancy of streets or alleys with building materials or temporary structures for construction purposes, shall be undertaken until a permit therefor shall have been issued by the administrative officer.

(Ord. No. 1999-54, § 4, 4-27-99)

It is the intent of this Chapter that all questions arising in connection with the enforcement or interpretation of this Chapter, except as otherwise expressly provided, shall be presented to the Board of Zoning Appeals, and, that from decisions of the Board of Zoning Appeals, recourse shall be to the courts as provided by law.

(Ord. No. 1999-54, § 4, 4-27-99)

Whenever a building or structure is demolished, erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this Chapter, the city engineer or any other appropriate authority, or any property owner, who would be damaged by such violations, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the violation in the case of such building, structure or land.

a.

All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of each lot to be built upon, the size and location of each building to be erected upon each lot, and such other information as may be necessary to enable the administrative officer to determine that the proposed structure and use of land will conform to the provisions of this Chapter. A record of such applications and plats shall be kept in the office of the administrative officer.

b.

Applications for building permits in connection with property located in Old and Historic Charleston Districts shall be accompanied by such plans, elevations and other information required under Article 2: Part 6, of this Chapter.

Except as otherwise provided for herein, the administrative officer shall not issue a building permit or certificate of occupancy in connection with property development within Old and Historic Charleston Districts unless and until the requirements of Article 2: Part 6, of this Chapter have been complied with and certificate of appropriateness has been endorsed on the application.

a.

No vacant land shall be occupied or used and no structure hereafter erected, structurally altered or changed in use, until a certificate of occupancy shall have been approved by the administrative officer.

b.

No alteration or change in general line, texture, material or color of any building or structure located within Old and Historic Charleston Districts shall be undertaken until a permit therefor shall have been issued by the administrative officer.

c.

A certificate of occupancy, either for the whole or a part of a new building or for alteration of an existing building shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building or part shall have been completed in conformity with the provisions of this Chapter.

d.

A certificate of occupancy for a change in the use of land, or for a change in the use or the number of family units of an existing building, shall be applied for and issued before any such land shall be occupied or used, or such land or building changed, in use, and such certificate shall be issued within ten (10) days after application has been made, provided such proposed use is in conformity with the provisions of this Chapter including the off-street parking requirements of Article 3: Part 4.

e.

A like certificate shall be applied for and issued for renewing, changing or extending a non-conforming use, existing at the time of the passage of this Chapter, and such certificate shall state that the use is a legal non-conforming use.

f.

A record of all certificates of occupancy shall be kept on file in the office of the administrative officer and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

g.

No fee shall be charged for an original certificate of occupancy as required herein; but for each copy of an original certificate there shall be a charge of one dollar, which shall be remitted to the city treasurer by the issuing officer.

If after the issuance of a permit the operations authorized thereunder are not commenced within six (6) months after date of permit, or if after the commencement of operations the work is discontinued for a period of six (6) months, such permit shall be void, work may not again be commenced until a new permit shall have been issued as for the original work, and building materials and equipment on the ground shall be removed or stored according to the requirements of the administrative officer.

In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals or general welfare. Where this Chapter imposes greater restrictions upon the use of a building or land or upon the height, bulk or size of a building or structure or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or permits, or by easements, covenants, or agreements, the provisions of this Chapter shall govern. Where any other ordinances, rules, regulations or permits, or any easements, covenants or agreements impose greater restrictions upon the use of a building or land or require larger open spaces than are required under the regulations of this Chapter, such provisions shall govern.

a.

A Board of Zoning Appeals—Zoning and Board of Zoning Appeals—Site Design are hereby established. The term "Board" when used in this article shall be construed to mean the Boards of Zoning Appeals, unless otherwise specified.

b.

The Board of Zoning Appeals—Zoning shall consist of seven (7) members and one (1) alternate who do not hold any other public office or position in the city of Charleston and are appointed by City Council. Board members shall be citizens of the City of Charleston, with the exception of the professions required by this ordinance whom may be non-citizen owners, principals, or employees of a business within the City of Charleston. Of the members appointed, one (1) shall be in real estate, one (1) an attorney, one (1) a merchant, and one (1) an engineer.

c.

The Board of Zoning Appeals—Site Design shall consist of seven (7) members and one (1) alternate who do not hold any other public office or position in the city of Charleston and are appointed by City Council. Board members shall be citizens of the City of Charleston, with the exception of the professions required by this ordinance whom may be non-citizen owners, principals, or employees of a business within the City of Charleston. Of the members appointed, one (1) shall be in real estate, one (1) an attorney, one (1) an engineer, one (1) a landscape architect and one (1) a horticulturist, forester or arborist.

d.

Each Board shall elect one of its members chairman, who shall serve for one year or until he is re-elected or his successor is elected and qualified. Each Board shall appoint a secretary who may be an officer of the governing authority or of the zoning board.

e.

The terms of the members and alternates of both boards shall be for three (3) years or until their successors are appointed as described in the Code of the City of Charleston. An appointment to fill a vacancy shall be only for the unexpired portion of the term.

f.

Alternate members, when seated, have all the powers and duties of regular members. Alternate members may always attend meetings but shall only participate in deliberations and debate, make motions and vote in the absence or voting disqualification of a regular member or the vacancy of a regular member's seat.

(Ord. No. 1999-54, § 3A, 4-27-99; Ord. No. 2013-49, §§ 3, 4, 5-14-13; Ord. No. 2024-190, § 1, 12-17-24)

The Board shall adopt rules of procedure in accordance with the provisions of this Chapter (see Appendix C). Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Public notice of all meetings of the Board shall be provided by publication in a newspaper of general circulation in the city. The chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which must be immediately filed in the office of the Board and must be a public record.

(Ord. No. 1999-54, § 3A, 4-27-99)

Upon the filing of an application with one of the Boards of Zoning Appeals for property within the corporate limits of the city of Charleston, the property to which such application applies shall be posted along each public thoroughfare abutting the property with a sign at least five (5) days prior to any public hearing when the application will be considered. The sign shall specify the request sought by the application and the appropriate city department to contact concerning the application. The Boards of Zoning Appeals may make recommendations to City Council of fees to be charged therefor. Any fee schedule established hereunder shall be approved by City Council.

(Ord. No. 1999-54, § 3A, 4-27-99)

a.

The Board of Zoning Appeals—Zoning shall have the following powers:

1.

to hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by the administrative officer in the enforcement of the Zoning Ordinance of the City of Charleston, except the following:

(a)

provisions of Article 3: Part 4: Off-Street Parking Requirements, relating to parking space design and maneuverability standards;

(b)

Article 3: Part 6: Tree Protection Requirements, Part 7: Parking Lot Landscaping Requirements, and Part 8: Landscape Buffer Requirements;

(c)

Article 3: Part 10: Vision Clearance Requirements;

(d)

Article 6: Site Plan Review;

(e)

Article 8: Part 3: Subdivision Design Standards, and Part 4: Required Improvements, except Section 54-824 Design Standards for New Lots, subsection c.1. relating to lot frontage requirements.

2.

to permit uses by special exception subject to the term and conditions for the uses set forth for such uses in the zoning ordinance;

3.

to hear and decide appeals for variances from the requirements of the Zoning Ordinance of the City of Charleston with the exceptions described above in subsection a.1., when strict application of the provisions of the ordinance would result in unnecessary hardship as described in Section 54-924; and

b.

The Board of Zoning Appeals—Site Design shall have the following powers:

1.

to hear and decide appeals to the provisions of the Zoning Ordinance cited below when it is alleged that there is error in any order, requirement, decision or determination made by the administrative officer in the enforcement of the Zoning Ordinance of the City of Charleston:

(a)

provisions of Article 3: Part 4: Off-Street Parking Requirements, relating to parking space design and maneuverability standards;

(b)

Article 3: Part 6: Tree Protection Requirements, Part 7: Parking Lot Landscaping Requirements, and Part 8: Landscape Buffer Requirements;

(c)

Article 3: Part 10: Vision Clearance Requirements;

(d)

Article 6: Site Plan Review;

(e)

Article 8: Part 3: Subdivision Design Standards, and Part 4: Required Improvements, except Section 54-824 Design Standards for New Lots, subsection c.1. relating to lot frontage requirements.

2.

to hear and decide appeals for variances from the requirements of the Zoning Ordinance of the City as described above in subsection b.1., when strict application of the provisions of the ordinance would result in unnecessary hardship as described in Section 54-924.

c.

Notwithstanding the provisions above in subsection a.3., in cases where a project may require appeals from the zoning administrator and/or variances from both the Board of Zoning Appeals—Zoning and Board of Zoning Appeals—Site Design, the zoning administrator shall have the authority to direct all variance requests to the Board of Zoning Appeals—Zoning, where, by reason of the complexity of the project, the interrelationship of the variances, or the minor nature of the site-design request, it would be appropriate for one board to consider all variance requests.

d.

All final decisions and orders of the Board shall be in writing and be permanently filed in the office of the Board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the Board which must be delivered to parties of interest by certified mail.

(Ord. No. 1999-54, § 3A, 4-27-99)

A variance may be granted in an individual case of unnecessary hardship if the Board makes and explains in writing the following findings:

a.

there are extraordinary and exceptional conditions pertaining to the particular piece of property;

b.

these conditions do not generally apply to other property in the vicinity;

c.

because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

d.

the authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

However, an affirmative vote of two-thirds (⅔) of the Board members present and voting shall be required before a variance may be granted for a use of land, a building or a structure that is prohibited in a given district ("Use Variance") by ordinance or resolution; provided, however, that City Council may overrule the decision of the Board pursuant to S.C. Code Ann. § 6-29-800 and such other laws as may apply. For a Use Variance that has been granted by the Board, no vested right shall attach thereto and no permit shall be issued for 15 days from the date of the granting of a Use Variance by the Board to determine whether City Council intends to consider overruling such Use Variance. If the Mayor or any member of City Council delivers notice to the Zoning Administrator of intent to consider overruling a Use Variance within 15 days of the granting of a Use Variance by the Board, then the Board's decision shall be held in abeyance, no vested right shall attach to the Use Variance granted by the Board and no permit shall be issued until City Council has determined whether to overrule the Board's granting of the Use Variance. No person with a substantial interest in the Use Variance granted by the Board shall have a right to appeal such decision to City Council and may only appeal such decision to Circuit Court for errors of law pursuant to S.C. Code Ann. § 6-29-820 and § 54-930 of the Zoning Ordinance of the City of Charleston and such other provisions as may apply. Because S.C. Code Ann. § 6-29-820 and § 54-930 of the Zoning Ordinance of the City of Charleston establish the time limit for appeals of decisions of the Board, any person with a substantial interest in the granting of a Use Variance by the Board shall file an appeal with the Circuit court within 30 days after the decision of the Board is mailed and shall deliver a copy of such appeal to the City. If an appeal is filed and a timely notice of intent to consider overruling a Use Variance granted by the Board is delivered to the Zoning Administrator by the Mayor or a member of City Council in accordance with this section, such appeal shall not divest City Council of its right to consider overruling the granting of a Use Variance by the Board and City Council may proceed to hear the matter of whether to overrule the Use Variance pending appeal to Circuit Court. City Council shall consider the matter of overruling the granting of a use variance at its next regularly scheduled meeting after the decision of the Board is mailed or as soon thereafter as may be practicable. City Council may defer or continue its deliberations on the matter, but shall make a final decision on the appeal within three (3) regularly scheduled City Council meetings after it is first considered. In the event City Council does not consider the matter at is regularly scheduled meeting after the decision of the Board is mailed, City Council shall be divested of is right to consider overruling the granting of such Use Variance by the Board.

(Ord. No. 1999-54, § 3A, 4-27-99; Ord. No. 2008-94, § 1, 6-17-08)

In granting an exception or a variance, the Board may attach to it such conditions regarding the location, character or other features of the proposed building, structure, or use as the Board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare.

(Ord. No. 1999-54, § 3A, 4-27-99)

Appeals to the Boards of Zoning Appeals may be taken by any person aggrieved or by any officer, department, Board or bureau of the city. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(Ord. No. 1999-54, § 3A, 4-27-99)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Appeals or a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(Ord. No. 1999-54, § 3A, 4-27-99)

The Board shall fix a reasonable time for the hearing of the appeal, or other matter referred to it, and give at least fifteen (15) days public notice of it in a newspaper of general circulation in the city, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or by attorney.

(Ord. No. 1999-54, § 3A, 4-27-99)

In exercising the above-mentioned powers the Board may, in conformity with the provisions of this Chapter, reverse or affirm wholly or in part, or may modify the order, requirement, decision or determination, and to that end shall have the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variance. The board in the execution of the duties specified in this Chapter may subpoena witnesses and in case of contempt may certify the fact to the circuit court having jurisdiction.

(Ord. No. 1999-54, § 3A, 4-27-99)

A person who may have a substantial interest in any decision of the Board or an officer or agent of the appropriate governing authority may appeal from a decision of the Board to the circuit court in the county by filing with the clerk of court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to law. The appeal must be filed within thirty days after the decision of the Board is mailed.

(Ord. No. 1999-54, § 3A, 4-27-99)

A special exception permit or variance approved by the Board shall remain valid for two (2) years from the approval, unless extended in accordance with the provisions of Section 54-962 hereof. Parties filing appeals, special exceptions and variance requests which have been denied by the Board may not reapply for reconsideration of the same request until a period of six (6) months has lapsed. The Board may, however, defer applications to request additional information and revisions.

(Ord. No. 1999-54, § 3A, 4-27-99; Ord. No. 2000-193, § 1, 8-15-00; Ord. No. 2005-99, § 5, 6-21-05)

a.

There is hereby created a commission to be known as the Planning Commission.

b.

In the discharge of its responsibilities, the Planning Commission has the power and duty to:

1.

Prepare and revise periodically plans and programs for the development and redevelopment of its area as provided for in this Chapter.

2.

Prepare and recommend for adoption to City Council as a means for implementing the plans and programs in its area:

(a)

zoning ordinances to include zoning district maps and appropriate revisions thereof, as provided in this Chapter;

(b)

regulations for the subdivision or development of land and appropriate revisions thereof, and to oversee the administration of the regulations that may be adopted as provided in this chapter;

(c)

an official map and appropriate revision on it showing the exact location of existing or proposed public street, highway, and utility rights-of-way, and public building sites, together with regulations to control the erection of buildings or other structures or changes in land use within the rights-of-way, building sites, or open spaces within its political jurisdiction;

(d)

a landscaping ordinance setting forth required planting, tree preservation, and other aesthetic considerations for land and structures;

(e)

a capital improvements program setting forth projects required to implement plans which have been prepared and adopted, including an annual listing of priority projects for consideration by the governmental bodies responsible for implementation prior to preparation of their capital budget; and

(f)

policies or procedures to facilitate implementation of planning elements.

3.

Approve and authorize the naming of all new streets or roads laid out within the City or changes in the street names of existing streets or roads within the City.

4.

Review and comment on the compatibility of any new street, structure, utility, square, park, or other public way, grounds, or open space or public buildings for any use, whether publicly or privately owned, with the City's comprehensive plan pursuant to the procedures in Section 54-945.

(Ord. No. 1999-54, § 3B, 4-27-99)

a.

The Planning Commission shall consist of the nine (9) members and one (1) alternate who do not hold an elected public office in the City of Charleston and are appointed by City Council. Board members shall be citizens of the City of Charleston, with the exception of the professions required by this ordinance who may be non-citizen owners, principals, or employees of a business within the City of Charleston. Of the members appointed, one (1) shall be an attorney, one (1) shall be in real estate, and one (1) shall be a representative of the development community. Members of the commission and alternates shall serve staggered terms of three (3) years or until their successors are appointed as described in the Code of the City of Charleston. A vacancy on the Planning Commission must be filled for the unexpired term in the same manner as the original appointment. City Council may remove any member of the commission for cause.

b.

The Planning Commission shall organize itself electing one of its members as chairman and one as vice-chairman whose terms must be for one year. It shall appoint a secretary who may be an officer or employee of the governing authority or of the Planning Commission.

c.

The Planning Commission shall meet at the call of the chairman and at such times as the chairman or commission may determine.

d.

The commission shall adopt rules of organizational procedure (Appendix F) and shall keep a record of its resolutions, findings, and determinations, which record must be a public record.

e.

Alternate members, when seated, have all the powers and duties of regular members. Alternate members may always attend meetings but shall only participate in Planning Commission deliberations and debate, make motions and vote in the absence or voting disqualification of a regular member or the vacancy of a regular member's seat.

(Ord. No. 1999-54, § 3B, 4-27-99; Ord. No. 2013-49, § 5, 5-14-13; Ord. No. 2024-190, § 2, 12-17-24)

a.

Prior to the holding of a public hearing by the Planning Commission on any enactment of zoning regulations or map, or amendment thereto, public notice of the hearing shall be given at least ten (10) days prior to the hearing.

b.

Upon the filing of an application for the rezoning or subdivision of property within the corporate limits of the city of Charleston, the property to which such application applies shall be posted with a sign along each public thoroughfare that abuts the property at least six (6) days prior to any public hearing when the application will be considered, and the classification of zoning sought by the application and appropriate city department to contact concerning information regarding the application shall be listed on the sign.

c.

The commission may make recommendations to the City Council on application fees. Any fee schedule established hereunder shall be approved by City Council.

(Ord. No. 1999-54, § 3B, 4-27-99)

a.

The City Council may from time to time on its own initiative or on petition, signed by a majority of the property owners according to the frontage in any district or portion thereof as large as one city block between two intersecting streets, amend, supplement or change the regulations, restrictions or the district boundaries herein established or subsequently established. This shall be done only after reference to and report by the Planning Commission; and after public hearing by City Council, official notice of the time and place of which shall be given in a newspaper of general circulation in the city at least fifteen (15) days prior to such hearing, except in the case of adoption or amendment of land development regulations in which case official notice of the time and place of the public hearing before City Council shall be given in a newspaper of general circulation in the city at least thirty (30) days prior to such hearing.

Provided, however, where City Council has refused a petition to amend the zoning ordinance, no application requesting an identical change shall be considered by the Planning Commission for a period of six (6) months unless initiated by City Council or recommended by the Chairman of the Planning Commission and the zoning administrator.

b.

Time limits for the Planning Commission to act. With applications to enact or amend zoning regulations or maps, the Planning Commission shall have not more than thirty (30) days from the date of the public hearing to submit its report and recommendation on the change to City Council. If the Planning Commission fails to submit a report and recommendation within the thirty days, it is deemed to have approved the change.

With applications involving subdivisions or land development plans, the Planning Commission shall have not more than sixty (60) days from the date of the receipt of subdivision plats or land development plans with all documentation required by this Chapter to act. If the Planning Commission fails to act within the sixty (60) days, it is deemed to have approved the subdivision or land development. The sixty-day time limit may be extended by mutual agreement.

c.

The Planning Commission may, upon its own initiative, propose an amendment, supplement or change in the provisions of this Chapter.

d.

The City Council shall take final action upon amendments, supplements or changes within a period of three hundred sixty-five (365) days after the filing of a petition or proposal for same with the Clerk of Council. If the City Council shall fail to take action upon such petition or proposal within such time, the petition or proposal shall be deemed to have been rejected.

e.

The Planning Commission shall not consider an identical application or request on an identical parcel of property more than twice during a period of six (6) consecutive months.

(Ord. No. 1999-54, § 3B, 4-27-99; Ord. No. 2002-20, § 1, 2-12-02; Ord. No. 2019-141, § 2, 12-19-19)

Unless initiated by the Planning Commission, all proposed amendments to the zoning ordinance or zone map to be pursued by the City Council shall be reviewed by the Planning Commission. The Planning Commission shall study the need and justification for the change based upon a determination of the following facts:

a.

The possible effects of the change in the ordinance or map on the character of a zone district, a particular piece of property, a neighborhood, or the community.

b.

The relationship that the proposed amendment bears to the purpose of the overall zoning program with due consideration as to whether or not the proposed change will help carry out these purposes as stated in this chapter and as expressed in future land use plans of the city.

c.

When pertaining to a zoning map change, the Planning Commission shall give specific consideration as to the map change proposed.

d.

When an applicant has twice withdrawn a petition to amend the zoning ordinance from the published agenda of the Planning Commission, without good cause as determined by the Commission, the petition shall be deemed denied by Council and reapplication must be made pursuant to Section 54-942 of this Chapter.

(Ord. No. 1999-54, § 3B, 4-27-99)

No new street, structure, utility, square, park, or other public way, grounds, or open space or public buildings for any use, whether publicly or privately owned, may be constructed or authorized within the city of Charleston, until the location, character, and extent of it have been submitted to the Planning Commission for review and comment as to the compatibility of the proposal with the City's comprehensive plan. In the event the Planning Commission finds the proposal to be in conflict with the comprehensive plan, the Commission shall transmit its findings and the particulars of the nonconformity to the entity proposing the facility. If the entity proposing the facility determines to go forward with the project which conflicts with the comprehensive plan, the governing or policy making body of the entity shall publicly state its intention to proceed and the reasons for the action. A copy of this finding must be sent to the City Council, the Planning Commission, and be published as a public notice in a newspaper of general circulation in the community at least thirty (30) days prior to awarding a contract or beginning construction. Telephone, sewer and gas utilities, or electric suppliers, utilities and providers, whether publicly or privately owned, whose plans have been approved by the City or a state or federal regulatory agency, or electric suppliers, utilities and providers who are acting in accordance with a legislatively delegated right pursuant to Chapter 27 or 31 of Title 58 or Chapter 49 of Title 33 are exempt from this provision. These utilities must submit construction information to the Planning Commission.

(Ord. No. 1999-54, § 3B, 4-27-99)

a.

To enforce this chapter, the administrative officer is authorized to withhold building or zoning permits, or both, and issue stop orders against any work undertaken by an entity not having a proper building or zoning permit, or both. It is unlawful to construct, reconstruct, alter, demolish, change the use of or occupy any land, building, or other structure without first obtaining the appropriate permit or permit approval. No permit may be issued or approved unless the requirement of this chapter or any ordinance adopted pursuant to it are complied with. It is unlawful for other officials to issue any permit for the use of any land, building, or structure, or the construction, conversion, demolition, enlargement, movement, or structural alteration of a building or structure without the approval of the administrative officer. A violation of any ordinance adopted pursuant to the provisions of this chapter is a misdemeanor. In case a building, structure, or land is used, or is proposed to be used in violation of any ordinance adopted pursuant to this chapter, the zoning administrator or other appropriate administrative officer, municipal or county attorney, or other appropriate authority of the municipality or county or an adjacent or neighboring property owner who would be specially damaged by the violation may in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure, or land. Each day the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues is considered a separate offense.

b.

In case a building, structure, or land is or is proposed to be used in violation of an ordinance adopted pursuant to this chapter, administrative officer or other designated official may in addition to other remedies issue and serve upon a person pursuing the activity or activities a stop order requiring that entity stop all activities in violation of the Zoning Ordinance.

(Ord. No. 1999-54, § 3C, 4-27-99)

The purpose of this Part 5 is to implement the provisions of S.C. Code Ann. § 6-29-1510, et seq. (Cum Supp. 2004), Vested Rights Act, so as to secure the reasonable expectation of landowners who make significant investment in site evaluation, planning, development costs, consultant fees or engineering or architectural expenses to meet land development standards for site plan approval. The purpose further includes the implementation of the South Carolina General Assembly Permit Extension Joint Resolutions of 2010 and 2013.

(Ord. No. 2005-99, § 1, 6-21-05; Ord. No. 2011-27, § 1, 4-12-2011; Ord. No. 2014-47, § 1, 4-8-14)

For purposes of Part 5, the following terms shall be defined as hereafter set forth.

1.

Approved or approval means a final action by the local governing body or an exhaustion of all administrative remedies that results in the authorization of a site specific development plan.

2.

Building permit means a written authorization issued by the building official that authorizes the construction or renovation of a building or structure at a specified location.

3.

Landowner means an owner of a legal or equitable interest in real property including the heirs, devisees, successors, assigns, and personal representatives of the owner. Landowner includes a person holding a valid option to purchase real property pursuant to a contract with the owner to act as his agent or representative for purposes of submitting a proposed site specific development plan pursuant to this part.

4.

Local governing body means:

(a)

City Council; or

(b)

A body or board authorized by statute or by City Council to make land use decisions, to include the Planning Commission, Boards of Zoning Appeals, the Board of Architectural Review, the Commercial Corridor Design Review Board, the Technical Review Committee and such staff as are authorized to approve plans pursuant to the provisions of this Chapter.

5.

Person means an individual, corporation, business or land trust, partnership, association, two or more persons having a joint or common interest, or any legal entity as defined by South Carolina laws.

6.

Real property or property means all real property that is subject to the land use and development ordinances or regulations of the city, and includes the earth, water and air, above, below, or on the surface, and includes improvements or structures customarily regarded as a part of real property.

7.

Site specific development plan means a development plan submitted to a local governing body by a landowner describing with reasonable certainty the types and density or intensity of uses for a specific property or properties. Site specific development plans include a planned unit development; a preliminary or final subdivision plat; a conceptual plan submitted to the Board of Architectural Review or Design Review Board; a development plan submitted to the Technical Review Committee for first review; a preliminary or general development plan submitted to staff authorized to grant approval pursuant to the provisions of this Chapter that qualify for either preliminary or final approval; a variance; a conditional use or special exception permit plan.

8.

Vested right means the right to undertake and complete the development of property under the terms and conditions of a site specific development plan.

9.

Permit Extension Joint Resolutions of 2010 and 2013 refers to Act Number 297 which was ratified by the 118th Session, 2009-2010 South Carolina General Assembly on May 13, 2010, and signed by the Governor on May 19, 2010, A297, R215, H4445; and Act Number 112 which was ratified by the 120th Session, 2013-2014 South Carolina General Assembly on June 19, 2013 and signed by the Governor on June 20, 2013, A112, R123, H3774.

(Ord. No. 2005-99, § 1, 6-21-05; Ord. No. 2011-27, § 2, 4-12-11; Ord. No. 2014-47, §§ 2, 3, 4-8-14; Ord. No. 2017-130, § 1, 10-10-2017)

a.

Vesting periods.

1.

The approval of a site specific development plan results in a two-year vested right in the approved site specific development plan from the date of approval by the local governing body.

2.

Within the vesting period, the property owner may make application and be granted a building permit from the City's Building Department in accordance with all other applicable City regulations.

b.

Extensions of vesting periods and limitations thereto.

1.

Subsequent modifications or amendments to an approved site specific development plan shall not re-establish or extend the initial two-year vesting period if the underlying land development ordinances or regulations have been amended in a manner that would prohibit the execution of the site specific development plan.

2.

A site specific development plan is eligible for at least five annual extensions of the vested right, which must be approved unless an amendment to this Chapter has been adopted that prohibits approval.

3.

Any change or amendment to this Chapter that would no longer allow execution of the site specific development plan constitutes a prohibition of the approval of the extension.

4.

The property owner must submit a written request for the extension to the local governing body that approved the site specific development plan, prior to the expiration of the initial two-year vesting period and each successive annual vesting period; failure to make a timely request shall void the request.

(Ord. No. 2005-99, § 1, 6-21-05; Ord. No. 2021-163, § 1, 11-23-21)

A site specific development plan for which a variance or special exception is required obtains no vested rights until the later of: (1) obtaining the variance or special exception; or (2) approval from the applicable local governing body.

(Ord. No. 2005-99, § 1, 6-21-05)

A site specific development plan may be amended upon application of the landowner and the approval of the applicable local governing body utilizing procedures then applicable for approval of a site specific development plan.

(Ord. No. 2005-99, § 1, 6-21-05)

A vested right to a site specific development plan is subject to revocation by the applicable local governing body upon its determination, after notice and public hearing, that there was a material misrepresentation by the landowner or substantial noncompliance with the terms and conditions of the original or amended approval.

(Ord. No. 2005-99, § 1, 6-21-05)

A validly issued building permit does not expire or is not revoked upon expiration of a vested right, except for public safety reasons or as prescribed by the applicable building code.

(Ord. No. 2005-99, § 1, 6-21-05)

A vested site specific development plan is subject to later enacted federal, state, or local laws adopted to protect public health, safety, and welfare including, but not limited to, building, fire, plumbing, electrical, and mechanical codes and nonconforming structure and use regulations which do not provide for the grandfathering of the vested right. The issuance of a building permit vests the specific construction project authorized by the building permit to the building, fire, plumbing, electrical, and mechanical codes in force at the time of the issuance of the building permit.

A vested site specific development plan is subject to later local governmental overlay zoning that imposes site plan-related requirements but does not affect allowable types, height as it affects density or intensity of uses, or density or intensity of uses.

A change in the zoning district designation or land use regulations made subsequent to vesting that affect real property does not operate to affect, prevent, or delay development of real property under a vested site specific development plan, without consent of the landowner.

If real property having a vested site specific development plan is annexed, City Council shall determine, after notice and public hearing in which the landowner is allowed to present evidence, if the vested right is effective after the annexation.

(Ord. No. 2005-99, § 1, 6-21-05)

A local governing body may not require a landowner to waive his vested rights as a condition of approval of a site specific development plan.

(Ord. No. 2005-99, § 1, 6-21-05)

Pursuant to the Permit Extension Joint Resolutions of 2010 and 2013, the running of the period of a vested right is suspended during the period beginning January 1, 2008, and ending December 31, 2016. The Joint Resolution of 2010 is retroactive to January 1, 2008, so that the time period of a vested right that remained after December 31, 2007, shall remain after December 31, 2016, and any obligation or opportunity to extend a vested right, pursuant to Section 54-962, that may have been available between the period beginning January 1, 2008, and ending December 31, 2016, shall be available after December 31, 2016.

(Ord. No. 2011-27, § 3, 4-12-11; Ord. No. 2014-47, § 4, 4-8-14)

Findings: City Council finds that an area of the City, hereafter defined as the Church Creek Drainage Basin, is comprised of nearly 5,000 acres that have very limited points of discharge for stormwater and a broad defined floodplain. Because of the topography, high tides and significant rain events, homes and other developed properties in the Basin have experienced severe and more frequent flooding during rainstorms. Continued development within certain portion of Basin could further exacerbate and impact the potential for flooding and property damage and compromise public safety. Notwithstanding ongoing efforts by the City to study and model the drainage conditions in the Basin and to update and implement regulations to alleviate flooding conditions there, it is evident that, absent a thorough evaluation of the drainage patterns in portions of the Basin, of the development and infrastructure in place, and of development that will reasonably occur in these areas in the immediate future, development in the Basin, both existing and planned, will be threatened, as well as the quality of life of those who live and work there now and those who will in the future. The public health and safety and the economic well-being of the City and of its residents who live, work and shop in the affected area demand that measures be taken to temporarily limit further development in the portions of the Basin located in the 100-year floodplain for a reasonable period of time to enable the City to update the drainage study of these portions of the Basin and implement the recommendations thereof.

A.

Moratorium.

(1)

Subject to the exceptions as set forth in subsection B hereof, no application for a permit from the Departments of Planning and Preservation and Public Service for new construction (except for a building permit for a single family dwelling on an existing lot of record as of the date of ratification of the ordinance from which this part derives) shall be processed or granted during the duration set forth in subsection E hereof, for any property located in the 100-year floodplain within the boundaries of the Church Creek Drainage Basin, as the same is set forth on a GIS map dated ________________ entitled Church Creek Area Drainage Basin 100-year floodplain, attached hereto and made a part hereof a duplicate original of which is on file in the Department of Planning and Preservation.

B.

Exceptions: Excepted from the provisions of subsection A (1) are:

(1)

Projects subject to Technical Review Committee (herein TRC) review that, as of February 28, 20017, had TRC approval.

(2)

Projects not subject to TRC review that, as of February 28, 2017, had building permit approval.

(3)

Construction on a lot of record not subject to TRC review and where, as of February 28, 2017, the system for managing the stormwater from the lot has received final approval from the city.

(4)

Applications to adjust lot lines, or to subdivide acreage, except for final residential development plats.

(5)

Notwithstanding the above, an applicant may proceed at his own risk with securing and acting on development permits and approvals, except for permits to pave or construct buildings, during the duration set forth in Section E; provided however, all such applicants and any permits acquired during this time shall be subject to applicable stormwater regulations the City develops from the information received by the study of the drainage basin commissioned by the City.

C.

Alteration of District Boundary: Nothing herein shall be construed to limit or abridge the right of an applicant to seek a review and potential alteration of a property being located within the 100-year floodpalin of the Church Creek Drainage Basin upon a showing of topographic data that supports the alteration. Any such alterations shall require the approval of City Council, after recommendation of the Director of the Department of Public Service.

D.

Status Reports: For the duration set forth in Section E, the Director of Public Service, or her designee, shall provide monthly status reports to City Council and other interested parties on the progress of the study and such recommendations as may be available from the City's consultant, regarding stormwater management in the Church Creek Drainage Basin.

E.

Duration: The provisions of this Part 5 of Article 9 of the Zoning Ordinance shall expire nine (9) months from February 28, 2017.

(Ord. No. 2017-060, § 1, 5-30-2017; Ord. No. 2025-024, § 1, 2-25-25)

Editor's note— Ord. No. 2025-024, § 1, adopted February 25, 2025, set out provisions intended for use as § 59-970. For purposes of classification, to preserve the style of this Code, and at the editor's discretion, these provisions have been included as § 54-970.