a.

This chapter shall be known as the "Zoning Ordinance." The words "City of Charleston, S.C., zoning map" or the words "zone map" or "zoning map" when hereafter used in this chapter shall mean the City of Charleston, South Carolina, zoning map adopted by City Council on August 18, 1981, and readopted by City Council on April 14, 1987, with official amendments, changes, additions and deletions heretofore and hereafter adopted. Said zoning map is provided by the digital zoning database stored in the City of Charleston Geographic Information System (GIS) and maintained in the Department of Planning and Preservation or its successor, and all district designations, boundaries, figures, letters and symbols contained within the official zoning map, are hereby incorporated and declared part of this chapter.

b.

"The Historic Architecture Inventory, 1972-73, Peninsula City, Charleston, S.C.," adopted by City Council June 17, 1975, with official amendments, changes, additions and deletions hereafter adopted. Said inventory is set forth on a series of sheets more particularly described in 54-235.

c.

Old City Height Districts are set forth on the zoning maps prepared by the Department of Planning and Preservation. The zoning maps shall delineate the Old City Height Districts and were adopted as the official zoning map of the city on December 19, 1978, and shall prevail over any other rendition, map or schematic drawing. Said zoning maps, delineating the Old City Height Districts shall be filed in the Office of the Department of Planning and Preservation.

(Ord. No. 2010-225, § 1, 8-17-10; Ord. No. 2015-142, §§ 17, 18, 10-13-2015; Ord. No. 2025-086, § 1, 6-17-25)

a.

For the purposes of this Chapter, the city is divided into base zoning districts with overlapping special zoning districts defined herein as Overlay Zones, the Old and Historic District, the Old City District, and Old City Height Districts, applying to designated areas of the city. The location and boundaries of these districts are and shall be as shown on the zoning map which accompanies this chapter an is hereby declared to be a part hereof.

b.

Base zoning district classifications are designated as follows:

c.

Special zoning districts.

1.

Overlay Zones. These include the Accommodations Overlay Zone, Tour Boat Overlay Zone, Johns Island Overlay Zone, Savannah Highway Overlay Zone, School Overlay Zone, Landmark Overlay Zone, Short Term Rental Overlay Zone, General Business Late Night Overlay Zone, Light Industrial Late Night Overlay Zone, Tech Corridor Overlay Zone, Folly Road Overlay Zone, Gateway Overlay Zone, and Amusement and Recreation Services Overlay Zone, and are delineated on the zoning maps. In addition to the regulations and requirements of each overlayed zoning district, properties within the Overlay Zones shall be subject to regulations of the applicable Overlay Zone.

2.

Old and Historic District. This district is shown on the zoning map and overlays other districts. In addition to the regulations and requirements of each overlayed zoning district, properties within the Old and Historic District shall be subject to regulations hereinafter required in regard to architectural appropriateness of buildings and structures and maintenance thereof.

3.

Old City District. This district is shown on the zoning map and described in 54-231 and overlays other districts. In addition to the regulations and requirements of each overlayed zoning district, properties within the Old City District shall be subject to regulations hereinafter required in regard to architectural appropriateness of buildings and structures and maintenance thereof.

4.

Old City Height Districts. These districts are delineated on the zoning map and include special maximum and minimum height, setback and other area requirements for these districts, which are set forth in Section Article 3, Part 2: Old City Height Districts and View Corridor Protection.

5.

Daniel Island District. This district applies to a distinct area of the city known as Daniel Island and includes various zoning districts to implement the master plan for the island. The island consists of approximately 3,980 acres of highland, dredge spoil, wetlands and marsh. The Daniel Island District applies to approximately 3,181 acres while the remaining acreage is zoned HI. See Article 2: Part 8, and the adopted Daniel Island Master Plan Zoning Text.

6.

Canterbury Woods District. This district applies to a residential development which was master planned and extensively developed under the jurisdiction of Charleston County. See Article 2: Part 9, and Appendix G.

7.

Cainhoy District. This district applies to a section of land in the Cainhoy Peninsular portion of the City.

8.

Neighborhood District. This district applies to all conservation, residential or commercially zoned, undeveloped parcels of land that satisfy the minimum neighborhood size requirements as set forth in Article 2, Part 13 of the Zoning Ordinance and that are developed under the Neighborhood District regulations, unless subsequently rezoned, and all parcels zoned Neighborhood (N) District with a corresponding density code of 1 through 6, as set forth in Article 2, Part 13. Parcels zoned Conservation, RR-1, SR-1 through SR-7, STR, DR-6, DR-9, DR-12, DR-1, DR-1F, DR-2, DR-3, DR-4, RO, GO, CT, LB, GB or UC have the option of using the Neighborhood District regulations or the standard regulations applicable to the base zoning district of the parcel. The district authorizes a mix of uses and alternate standards for the design of neighborhoods.

(Ord. No. 1996-125, § 2, 7-16-96; Ord. No. 1999-22, § 1, 3-10-99; Ord. No. 1999-137, § 1, 9-28-99; Ord. No. 2001-44, § 1, 5-8-01; Ord. No. 2001-44, § 1, 5-8-01; Ord. No. 2002-84, § 1, 8-13-02; Ord. No. 2003-50, § 1, 5-27-03; Ord. No. 2003-69, §§ 2, 3, 8-19-03; Ord. No. 2004-149, § 1, 12-7-04; Ord. No. 2012-41, 1-24-12; Ord. No. 2014-08, § 1, 1-30-14; Ord. No. 2014-37, § 1, 3-25-14; 2014-67, § 1, 5-3-14; Ord. No. 2016-079, § 1, 7-19-16; Ord. No. 2016-102, § 2, 9-13-16; Ord. No. 2017-148, § 1, 12-11-17; Ord. No. 2018-031, § 1, 4-10-18)

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

a.

Unless otherwise indicated, the district boundaries follow land lot lines; center lines of streets, highways, alleys or railroads; center lines of water courses or impoundments of streams, reservoirs, or other bodies of water.

b.

Where so indicated, district boundaries are parallel to the center lines of streets, highways or railroads, or rights-of-way of same, or the center lines of streams, reservoirs, or other bodies of water, or said lines extended at such distance there from as indicated on the zoning map. If no distance is given, such distance shall be determined by the use of the scale shown on said zoning map.

c.

Where a district boundary line on the zoning map divides a lot of record, the district requirements for the least restricted portion of such lot shall be deemed to apply to the whole thereof; provided that such extensions shall not include any part of such a lot more than 50 feet beyond the district boundary line.

d.

In all disputes involving the interpretation of zone district boundaries, the Board of Zoning Appeals shall be the final judge.

(Ord. No. 1999-54, § 4, 4-27-99)

a.

Hereafter no land shall be used or occupied, and no building or structure shall be erected, altered, used or occupied except in conformity with the regulations herein established for the district in which such land, building or structures are located.

b.

In cases of mixed business and residential use within a structure, the regulations applying to the dominant use on the first floor shall apply to all portions of the building so used.

c.

Nothing contained in this ordinance shall be construed to allow or permit any activity described herein which is contrary to city ordinance, state law or federal law.

If any provision of this Chapter conflicts with any other provision of this Chapter, any section of the City Code, or any applicable State or Federal Law, the more restrictive provision shall apply.

In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the council or unless the context clearly requires otherwise.

And, or. The word "and" may be read as "or," and the word "or" as "and," where the sense requires it.

Computation of time. The time within which an act is to be done shall be computed by excluding the first day and including the last day; provided, however, that if the last day of the period so computed is a Saturday, a Sunday or a legal holiday, such day shall be excluded and the time period shall run until the end of the next day which is not a Saturday, a Sunday or a legal holiday.

Delegation of authority. Whenever a provision appears in this Code requiring or authorizing the head of a department or other officer of the city to do some act or perform some duty, it shall be construed to authorize such department head or other officer to designate, delegate and authorize subordinates to do the required act or perform the required duty unless the terms of the provision specifically designate otherwise.

Gender. Words of one gender include the other genders.

Health officer. The words "health officer" shall mean the health officer of Charleston County or Berkeley County, South Carolina, depending on the location of the property in question.

In the city. The words "in the city" shall mean and include any territory, jurisdiction of which, for the exercise of its regulatory power, has been conferred on the city by law.

Joint authority. All words giving joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Month. The word "month" shall mean a calendar month.

Number. Words used in the singular include the plural and the plural includes the singular number.

Official time standard. Whenever certain hours are named herein they shall mean eastern standard time or daylight saving time as may be in current use in the city.

Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.

Shall, may. The word "shall" is mandatory; "may" is permissive.

Signature orsubscription includes a mark when the person cannot write.

Tense. Words used in the past or present tense include the future as well as the past and present.

Used. The word "used" shall include the words "arranged, designed or intended to be occupied."

Writing, written. The words "writing" and "written" shall include printing and any other mode of representing words and letters.

Year. The word "year" shall mean a calendar year.

a.

The lawful use of land existing at the time of the adoption of this chapter, or of an amendment thereto, although such use does not conform to the provisions thereof, may be continued, except for rental of amusement and recreational vehicles, which shall be governed by Section 54-223; but if such nonconforming use is discontinued, as evidenced by lack of use for a period of at least three years or by substitution of a conforming use, any future use of said land shall be in conformity with the provisions of this chapter.

b.

The lawful use of a building or structure, existing at the time of the adoption of this chapter, or an amendment thereto, although such use does not conform to the provisions hereof, may be continued except for signs, which shall be governed by Article 4, and rental of amusement and recreational vehicles which shall be governed by Section 54-223, and establishments located within 500 feet of a residential zoning district and which allow for on-premise consumption of alcohol, beer or wine after midnight, which shall be governed by Section 54-206, and such use, with the exception of accommodations uses, bed and breakfast uses, two-family dwelling uses and multi-family dwelling uses, may be extended throughout the building or structure provided such extension does not displace a conforming use and provided no structural alterations are made, other than those necessary to assure the safety of the building or structure.

c.

A non-conforming use of a building or lot cannot be changed to another non-conforming use unless the Board of Zoning Appeals, after a duly advertised public hearing, finds that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Zoning Appeals may impose reasonable and appropriate conditions and safeguards for the protection of the public interest and the value of neighboring properties, including, but not limited to, limitations on the days and hours during which the proposed use may be open to the public.

d.

Whenever a non-conforming use of a building has been changed to a conforming use, such use shall not thereafter be changed back to a non-conforming use.

e.

Whenever a non-conforming use of a building, or a portion thereof, has been discontinued, as evidenced by the lack of use, or vacancy for a period of at least three years, or by substituting a conforming use, such non-conforming use shall not thereafter be re-established and the future use shall be in conformity with the provisions of this chapter.

f.

The non-conforming use of a building or structure cannot be physically extended to provide more area for the non-conforming use, and the number of bedrooms in a non-conforming two-family dwelling or muli-family dwelling use cannot be increased, unless the Board of Zoning Appeals—Zoning, after a duly advertised public hearing, finds that the extension or increase of the non-conforming use is: (1) limited to extending or increasing the non-conforming use then in existence; and (2) would not result in an unreasonable intensification of the non-conforming use. In considering the reasonableness of the intensification of the extension or increase, the Board shall consider the effect of the extension or increase on properties in the vicinity to include traffic impacts; vehicular and pedestrian safety; parking impacts; potential impacts of noise, lighting, fumes or obstruction of air flow or light on adjoining property; impacts on the aesthetic character of the environs, to include the possible need for screening. If an extension or increase is permitted, the Board may imposed reasonable and appropriate conditions and safeguards for the protection of the public interest and neighboring properties, including but not limited to, limitations on the days and hours during which the proposed use may be operated, and shall require, for properties located in the Old and Historic District, that exterior alterations be approved by the Board of Architectural Review, regardless of whether said alterations are visible from a public street or thoroughfare.

(Ord. No. 1996-125, § 3, 7-16-96; Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 1999-129, §§ 1, 2, 9-20-99; Ord. No. 2002-77, §§ 2, 3, 6-11-02; Ord. No. 2009-54, § 1, 4-14-09; Ord. No. 2010-240, § 1, 10-12-2010; Ord. No. 2015-125, § 3, 9-22-2015; Ord. No. 2016-051, §§ 1, 2, 4-26-16)

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning or when the word, term, or phrase is specifically defined to apply to a particular article, part, or section of this chapter:

Accessory Building. A subordinate building on the same lot as the principal building(s) or use. Accessory buildings may include but not be limited to pool houses, additional living space, storage sheds, garages, and additional dwelling units, if permitted by this chapter. Accessory buildings in SR (Single-family Residential) zone districts shall not include kitchens unless the accessory building is permitted by this chapter to have an accessory dwelling unit.

Accessory Dwelling Unit. A dwelling unit providing complete, independent living facilities for no more than two adults that is separate from and subordinate to the principal dwelling unit, and located in the same building as the principal dwelling unit or in an accessory building on the same lot. This definition includes garage apartments.

Accessory Use. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

Agricultural Use, Bona Fide. Allowed primary uses on real property to raise, harvest or store crops, feed, breed or manage livestock, or to produce plants, trees, fowl or animals useful for human consumption, including the preparation of the products raised thereon for human consumption and disposed of by marketing or other means and which the subject property receives agricultural preferential assessment by the county assessor's office. Such uses include agriculture, grazing, horticulture, forestry, dairying and mariculture. Uses that do not qualify as bona fide agricultural uses include recreation, hunting clubs, fishing clubs, vacant land (land lying dormant), and any other similar uses. For lots zoned C, conservation, to have a bona fide agricultural use, at least fifty percent (50%) of the lot must be in active agricultural production.

Accommodations Uses. Commercial uses to provide living or sleeping units, for remuneration, to one or more individuals where the intended and/or usual occupancy would not exceed twenty-nine (29) consecutive days, including hotels, motels, inns, bed and breakfasts, short term rental units, rooming and boarding houses, hostels, lodging units, resort units, condominiums, cooperatives, apartments, units that are included in a "Vacation Timesharing Plan" as defined in S.C. Code Ann. § 27-32-10(7), and/or in a "Vacation Timesharing Lease Plan" as defined in S.C. Code Ann. § 27-32-10(8), as each may be amended from time to time, as well as any and all similar uses where the intended and/or usual occupancy is for periods not to exceed twenty-nine (29) consecutive days, and residence club uses. For purposes hereof, individual(s) mean a person, one who owns or receives an undivided interest in a premises, a partner in a partnership that owns a premises, a beneficiary in a trust that owns a premises, a shareholder in or member of a corporation that owns a premises, a beneficiary in a trust that owns a premises, a holder of a leasehold interest in a premises or a member of a residence club or other organization that owns a premises.

Adult Uses:

Adult Book /Video Store. An establishment having as a substantial or significant portion of its stock in trade books, magazines, videos, and/or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical area" (as defined herein) or an establishment with a segment or section devoted to the sale, rental or display of such material. Adult Book/Video Store uses as defined herein, operating as legal nonconforming uses, shall be amortized and discontinued three (3) years after the effective date of Ordinance No. 1999-08.

Adult Drive-In Motion Picture Theater. Any outdoor theater requiring an automobile for admittance used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein. This use when operated as a lawful non-conforming use shall be amortized and discontinued one year after the effective date of Ordinance No. 2003-50.

Adult Media/Novelty Store. An establishment with (1) ten percent or more of its retail sales area or (2) ten percent or more of its gross revenues from the sale or rental of any one or more of the following or combination thereof: (a) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, DVD, slides, computer programs, or other visual representations which are distinguished or characterized by their emphasis on the exhibition or display of "specified sexual activities" or "specified anatomical areas" (sometimes hereinafter "adult media material") or (b) instruments, devices, or paraphernalia which are designed for use or marketed for stimulation of human genital organs (sometimes hereinafter "adult novelty").

Adult media/novelty store is a non-exclusive classification that may include adult book/video stores, adult drive-in motion picture theaters, adult mini-motion pictures theaters, adult motion picture theaters, or other adult uses, combinations thereof and combinations of adult uses and non-adult uses. The amortization period for adult media/novelty stores operated as a legal non-conforming use is one year from the date of this ordinance. As it relates to any amortization period, the more restrictive (shorter) amortization period shall apply to any business that is an adult media/novelty store and some other use. If a lawful amortization period for the use has already expired (for example, adult bookstore amortization period), then business shall not be entitled to an additional amortization period by operation of this section.

For the purposes of determining adult media/novelty store "DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS ON" means the dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of 'Specified Sexual Activities' or 'Specified Anatomical Areas,' the films so described are those whose dominant or principal character and theme are the exhibition or display of 'Specified Anatomical Areas' or 'Specified Sexual Activities'".

For the purposes of determining adult media/novelty store percentages of stock and percentages of revenue:

(1)

Percentages of stock shall be determined by calculating the total display area generally available to customers and determining that percentage of that display space containing the specified adult media materials and adult novelty items. Stockrooms, backrooms and other areas not generally accessible to the public and off premises inventory shall not be counted towards percentages. Goods at another physical location shall not be counted towards percentage, even if operated by the same business.

(2)

Percentages of gross revenue shall be counted only for the same physical business location and only bona fide sales or rentals may be counted. Where a sale or rental includes a free or reduced price "adult novelty" or "adult media material" with the purchase or rental of an item not an adult novelty or adult media material, the entire transaction shall be counted for the purposes of calculating revenue percentage.

(3)

All techniques and devices used to artificially skew percentages shall be disregarded and the true business of the establishment shall be discerned. Techniques and devices used to artificially skew percentages include but shall not be limited to: reduced price or free adult materials with purchase of non-adult materials, sham transactions or sales, mis-statement of retail value by inflating non-adult material prices above prices generally prevailing as to goods of that type, goods not held for bona fide sale or rental, sham transactions, etc.

(4)

Any business potentially operating as a non-conforming adult media /novelty store by selling or renting adult media material or adult novelties in an area not zoned LI (light industrial) or HI (heavy industrial) shall keep records at the store showing inventory on hand by category and retail value (updated no less than every month) as well as records showing for a six month period (updated no less than every month) which shall be available to zoning administrator or his designee upon request so as to enable zoning administrator or his designee to discern percentages of retail stock and percentages of gross revenue derived from sale or rental of adult media materials and adult novelty items as described above.

Adult Mini-Motion Picture Theater. Any business with an enclosed building or portion of a building with a capacity for less than fifty persons regularly used for presenting material which is characterized by an emphasis on the exhibition or display of "Specified Sexual Activities" or "Specified Anatomical Areas". This shall include booths or stalls (whether entirely enclosed or not) and arcades whether operated by coin or by attendant or otherwise where such materials are shown to a single person or up to forty-nine (49) persons. (This shall not include a bona fide hotel or motel room.) This use when operated as a lawful non-conforming use shall be amortized and discontinued one year after the effective date of Ordinance No. 2003-50.

Adult Motion Picture Theater. An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as defined herein) for observation by patrons therein. This use when operated as a lawful non-conforming use shall be amortized and discontinued one year after the effective date of Ordinance No. 2003-50.

Adult Show Bar. An establishment used for presenting live performances of humans and/or animals having as a dominant theme or characterized or distinguished by an emphasis on (1) matter depicting or relating to specified sexual activities, as herein defined, or (2) the actual or simulated touching, caressing or fondling of the breast, buttocks, anus or genitals, or (3) actual or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law, or (4) indecent exposure (as defined by state law) for observation by persons therein and which sells alcoholic beverages to its customers. This use when operated as a lawful non-conforming use shall be amortized and discontinued one year after the effective date of Ordinance No. 2003-50.

Bath House. An establishment for providing bathing, sauna, steam and/or lavatory facilities for male and/or female persons which promotes its services by using and/or advertising the use of homosexual attendants or attendants of the opposite sex of the patron. This use when operated as a lawful non-conforming use shall be amortized and discontinued one year after the effective date of Ordinance No. 2003-50.

Cabaret. A nightclub, bar, juice bar, restaurant, or similar commercial establishment which features or tolerates any of the following: strippers, dancers, entertainers, patrons, impersonators, or other persons, either male or female, who expose to view of the patrons of said establishment at any time "Specified Anatomical Areas."

Massage Parlor. Any business, trade or profession commonly known as massage parlors, health salons, physical culture studios, clubs or establishments, or similar establishments by whatever name designated, wherein physical culture, massage, hydrotherapy or other physical treatment of the human body involving "specified sexual activities" (as defined herein) is carried on or practiced. This use when operated as a lawful non-conforming use shall be amortized and discontinued one year after the effective date of Ordinance No. 2003-50.

Sexual encounter establishment. Means a business or commercial establishment that offers as one of its primary business purposes, for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "Specified Sexual Activities" or the exposure of "Specified Anatomical Areas." The definition of sexual encounter establishment shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

Affordable Housing. Single-family, two-family, or multi-family dwelling units, used exclusively for residential uses, where occupants have, in the aggregate, household income of less than or equal to one hundred twenty (120) percent of area median income for owner occupied units, or eighty (80) percent of area median income for rental units, or sixty (60) percent of area median income for rental units. Area median income shall be determined annually by the U.S. Department of Housing and Urban Development as adjusted by the City of Charleston Department of Housing and Community Development, or its successor. Household income shall include all sources of financial support, both cash and in kind, of adult members of the household, to include wages, salaries, tips, commissions, all forms of self-employment income, interest, dividends, net rental income, income from estates or trusts, Social Security benefits, railroad retirement benefits, Supplemental Security income, Aid to Families with Dependent Children or other public assistance or public welfare programs, other sources of income regularly received, including Veterans' (VA) payments, unemployment compensation and alimony, awards, prizes, government or institutional or eleemosynary loans, grants or subsidies and contributions made by the members' families for medical, personal or educational needs.

Alley. A right-of-way of narrow width publicly maintained and used principally as a means of secondary access.

AMI. See Area Median Income.

Arborist. Means a person or firm, possessing a current city business license, who has been trained in the business of diagnosing, treating, pruning and removing trees.

Area Median Income. "Area Median Income" or "AMI" shall mean and have reference to the median family income, based upon applicable family size of a qualified household for the Charleston-North Charleston metropolitan statistical area as published by the United States Department of Housing and Urban Development (together with its successors, "HUD"), as adjusted for household size by the City of Charleston Department of Housing and Community Development (together with its successors, "DHCD"). If HUD should no longer compile and publish such statistical information, the most similar information compiled and published by HUD, or any other branch or department of the federal government or the State of South Carolina, or the City of Charleston shall be used for the purpose of determining AMI. Area median income (AMI) shall be determined annually by the United States Department of Housing and Urban Development as adjusted by the City of Charleston Department of Housing and Community Development, or their successors.

Bed and Breakfast. A conditional use whereby the record owner of a property, who is also the resident of the property, uses one (1) or more rooms per unit for one (1) to ten (10) bed and breakfast units for the purpose of providing sleeping accommodations for one family per unit for a period of between one (1) and twenty-nine (29) consecutive days. A bed and breakfast use shall only be permitted in compliance with the procedures and conditions in Section 54-227 of the Zoning Ordinance and after a bed and breakfast permit is issued by the City.

Bikeway is a generic term for any road, street, path, or traveled way that is in some manner specifically or legally designated for bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes.

Block. A tract of land bounded by streets on all sides.

Buffer Shrub. Means a three gallon or larger shrub, having a fullness appropriate for its container size, intended to be used in a landscape buffer for screening purposes. (Refer to Appendix A, unless otherwise specified.)

Building. Any structure built for the support, shelter, housing or enclosure of persons, animals or property of any kind, including appurtenances to buildings such as chimneys, stairs, and elevated stoops, porches, terraces and decks; except that assistive technology for accessibility including ramps and platform lifts shall not be defined as part of the building for the purpose of measuring setbacks and the lot occupancy of a building.

Building Line. A line parallel to the street right-of-way touching that part of the principal building on a lot closest to the street right-of-way.

Casino. The use of a lot(s) or any buildings(s) thereon by one or more persons where, in the aggregate, such persons make available for use or play more than three (3) game machines or simulated gambling devices. For purposes of this definition, a game machine means an electronic video game machine that, upon insertion of cash, is available to play or simulate the play of games authorized by the South Carolina Tax Commission utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash, and simulated gambling device means any device that, upon connection with an object, is available to play or operate a computer simulation of any game, and which may deliver or entitle the person or persons playing or operating the device to a payoff. The following rules of construction apply to this definition of "simulated gambling device":

i.

The term "device" means any mechanical or electrical contrivance, computer, terminal, video or other equipment that may or may not be capable of downloading games from a central server system, machine, computer or other device or equipment. The term "device" also includes any associated equipment necessary to conduct the operation of the device.

ii.

The term "upon connection with" means insertion, swiping, passing in range, or any other technical means of physically or electromagnetically connecting an object to a device.

iii.

The term "object" means a coin, bill, ticket, token card or similar object, obtained directly or indirectly through payment of consideration, or obtained as a bonus or supplement to another transaction involving the payment of consideration.

iv.

The terms "play or operate" or "play or operation" includes the use of skill, the application of the element of chance, or both.

v.

The term "computer simulation" includes simulations by means of a computer, computer system, video display, video system or any other form of electronic video presentation.

vi.

The term "game" includes slot machine, poker, bingo, craps, keno, any other type of game ordinarily played in a casino, a game involving the display of the results of a raffle, sweepstakes, drawing, contest or other promotion, lotto, sweepstakes, and any other game associated with gambling or which could be associated with gambling, but the term "game" does not necessarily imply gambling as that term may be defined elsewhere.

vii.

The term "payoff" means cash, monetary or other credit, billets, tickets, tokens or other electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether made automatically from the machine or manually.

Canopy. A structure constructed of rigid materials, including, but not limited to, metal, wood, concrete, plastic or glass, which is attached to and supported by a building or by columns, poles or braces extended to the ground.

Certificate of Occupancy. A statement, signed by the administrative officer, setting forth either that a building or structure complies with this chapter of that a building, structure, or parcel of land lawfully may be employed for specified uses, or both.

City. The words "city," "the city" or "this city" shall mean the City of Charleston, in the County of Charleston, and State of South Carolina, except as otherwise provided.

Commercial Industrial or Office Developments. One (1) or more retail, industrial or office establishments or any other non-residential use not necessarily in single ownership but which occupies common and/or adjacent buildings on one or more lots of record utilizing common parking, ingress or egress, developed as, and appearing to be, a unified entity.

Commercial Nursery. Means an ongoing business for the planting, growing, and sale of plants and trees. A commercial nursery does not include an ongoing silviculture operation.

Commercial Parking Lot. A tract of land, building, or structure used for the storage or parking of automobiles by the general public and either operated for profit by the charging of fees, rents or the like, or used as an accessory to a principal business or industrial use.

Commercial Short Term Rental. See definition for "Short Term Rental, Commercial."

Commercial Timber Operation. Means property which, on the effective date of this Ordinance, is being used to raise, harvest or produce trees for commercial marketing. The burden shall be upon the owner to establish this use through evidence such as prior leases or marketing agreements, the actual planting of the trees for harvesting, etc.

Commercial Vehicles. Any commercial landscaping equipment and any vehicle that requires a Commercial Driver's License to operate.

Common Open Space. Common open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for the use and enjoyment of the public generally or for the use or enjoyment of the residents of the development and their guests. Without limiting the foregoing, common open space may include such complementary structures and improvements as are necessary and appropriate, in addition to wetlands, critical areas, water bodies, agricultural lands, wildlife habitat, historical or cultural features, archaeological sites, easements for underground public utilities, or other elements to be protected from development. Common open space shall not include streets, alleys, or cul-de-sacs; drives; off-street parking and loading areas; areas so located or of such size or shape to have no substantial aesthetic or recreational value; or any area within the property lines of residential lots.

Communication Tower. A tower of any size which supports communication equipment, transmission or reception, and is utilized by commercial, governmental, or other public or quasi-public users. This does not include communication towers for amateur radio operators licensed by the Federal Communications Commission which are exempt from municipal zoning restrictions.

Community Garage. A group of private garages, either detached or under one roof, arranged in a row or around a common means of access, and erected for use of residents in the immediate vicinity.

Community Parking Lot. An open area in a residential district for the parking of cars of residents of the immediate vicinity; provided, however, there shall be no sale of parking spaces on an hourly, daily, or weekly basis.

Conservation Tree. Any native tree species with a DBH of sixteen inches (16") or greater. The following species are considered Conservation Trees when they reach a DBH specific to their species: American Holly, twelve inches (12"), Dogwood, eight inches (8"), Loblolly and Slash Pine, twenty inches (20").

Corner Lot. A lot abutting upon two or more streets at their intersection.

Council, City Council. The words "the council" or "city council" shall mean the city council of the City of Charleston, South Carolina.

Court. An open unoccupied space, other than a yard, on the same lot with a building, unobstructed from floor or ground level to the sky.

Crawl Space. Crawl space is defined as an underfloor space that is not a basement, is designed to preclude habitable space, and is located beneath the lowest finished (habitable) floor.

Damage or Abuse. Means any action which does not follow good arboricultural practices. Abuse also includes damage inflicted upon roots by machinery, changing the natural grade above the root system or around the trunk, changing drainage patterns around the tree, destruction of the natural shape of the tree or any action which causes infection, infestation or decay.

Dance Halls and Studios. A building or a portion of a building used as a place of work, or for public or private entertainment, by one or more dancers.

Day Care. The care, supervision or guidance of a person or persons, unaccompanied by the parent, guardian or custodian, on a regular basis, for periods of less than twenty-four hours per day in a place other than the person or persons' own home or homes.

Day Care Facility. Any state licensed, registered or approved facility which provides care, supervision or guidance for any person who is not related by blood, marriage or adoption to the owner or operator of such a facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. For the purposes of this definition, related means any of the following relationships by marriage, blood or adoption: parent, grandparent, brother, sister, step-parent, step-sister, step-brother, uncle, aunt, cousin of the first degree. Day Care Facilities include, but is not limited to day nurseries, day care centers, group day care homes and family day care homes. The term does not include:

1.

any educational facility, whether private or public, which operates solely for educational purposes in grades one or above;

2.

five-year-old kindergarten programs operated by a public or private school;

3.

kindergartens, preschools, nursery schools or other daytime programs receiving children younger than lawful school age primarily for educational purposes;

4.

facilities operated in connection with a shopping center-or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available;

5.

summer resident or day camps;

6.

Bible schools normally conducted during vacation periods;

7.

programs offered by a church, synagogue or other religious institute which are primarily for the purpose of religious instruction or practice;

8.

programs offered by parks, senior citizen centers, etc., for which the primary purposes are recreation and social interaction rather than care taking.

Types of Day Care Facilities:

Day Care Center. Any facility which regularly receives persons for day care during the hours of 6 a.m. to 7 p.m.

Family Day Care Home. Any facility, within a dwelling unit, which regularly provides day care for no more than five persons, unattended by a parent, custodian or legal guardian, during the hours of 6 a.m. to 7 p.m., including those persons living in the home and persons received for day care who are related to the resident caregiver, provided, however, that an occupied dwelling in which day care is regularly provided only for a person or persons related to the resident caregiver, or only for a person or persons of one unrelated family, or only for a combination of such persons, is not a family day care home. Please note that building codes may prohibit a family day care home within a dwelling unit without significant improvements. Applicants for family day care homes are advised to check with the City of Charleston Inspections Division prior to applying for zoning approval.

Group Day Care Home. Any facility, within a dwelling unit, which regularly provides day care for at least six but not more than twelve persons, unattended by a parent, custodian or legal guardian, during the hours of 6 a.m. to 7 p.m., including those persons living in the home and persons received for day care who are related to the resident caregiver, provided, however, that an occupied dwelling in which daycare is regularly provided only for a person or persons related to the resident caregiver, or only for a person or persons of one unrelated family, or only for a combination of such persons, is not a group day care home. Please note that building codes may prohibit a group day care home within a dwelling unit without significant improvements. Applicants for group day care homes are advised to check with the City of Charleston Inspections Division prior to applying for zoning approval.

Overnight Day Care Facility. Any facility which regularly provides day care for persons unattended by a parent, custodian or legal guardian between the hours of 7 p.m. and 6 a.m., provided, however, than an occupied dwelling in which day care is regularly provided only for a person or persons of one unrelated family, or only for a combination of such person, is not an overnight day care facility.

dBA. A uniform noise measurement that simulates people's perception of loudness and annoyance. It is weighted to account for those frequencies most audible to the human ear. This is known as the A-weighted sound level, or dBA.

Decibels. Sound is a fluctuation in air pressure. Sound pressure levels are measured in units called decibels (dB).

Deferred Presentment Lender. A business or use that regularly accepts checks from a borrower drawn on the borrower's bank account to be presented for payment at a later date and that charges a fee for the service, such as those regulated by Chapter 39 of Title 34 of the Code of Laws of South Carolina, 1976, as amended.

Depth of Lot. The mean horizontal distance between the front lot line and the rear lot line.

Depth of Front Setback. The least distance from any part of or point on the building to the front lot line of the lot.

Depth of Rear Setback. The least distance from any part of or point on the building to the rear lot line of the lot.

Development Plan. Development plan means a preliminary plat and, to the extent public improvements are required, construction drawings, for subdivision of any property that includes all information described on the development plan submittal checklist for subdivision applications available from the Zoning Division.

Diameter Breast Height (D.B.H.). Means the total diameter, in inches, of a tree trunk or leaders, measured four and one-half (4½) feet above existing grade. In instances where a tree splits into leaders below four and one-half (4½) feet above existing grade and the leaders are physically attached above the ground and of the same specie of tree, all leaders equal to or greater than six (6) inches D.B.H. shall be measured separately and count as one tree.

Dormitory. A building or part of a building operated by an academic institution containing a room or rooms forming one (1) or more habitable units which are used or intended to be used by residents of the institution for living and sleeping, but not for cooking or eating purposes.

Drip Line. Means an imaginary vertical line that extends downward from the outermost branches of a tree to the ground.

Dwelling. Any building, or part thereof, used and occupied for human habitation or intended to be so used including any appurtenances belonging thereto or usually enjoyed therewith but not including hotels, motels, inns, bed and breakfasts, boarding or rooming houses, and timesharing facilities (see also "Residential Use").

Types of Dwellings:

One-Family Detached Dwelling. A separate detached building designed for and occupied exclusively as a residence by one family.

Single-Family Detached Dwelling. See One-Family Detached Dwelling.

One-Family Attached Dwelling. A building designed for and occupied exclusively as a residence by one family, being attached by means of a common dividing side wall or walls to one or more buildings likewise designed for and occupied as a residence for one family. A single housing unit occupies each structure from ground to roof and independent access is available for each unit from the outside. Such attached one-family dwellings are commonly referred to as "town", "patio", or "row" houses.

Single-Family Attached Dwelling. See One-Family Attached Dwelling.

Two-Family Dwelling. A separate detached building designed for or occupied exclusively as a residence by two families.

Mobile Home. See definition under "Mobile Home" in this Section.

Multi-family Dwelling. A building designed or occupied otherwise than as a one-family dwelling or a two-family dwelling. The term "multi-family dwelling" shall be understood to include apartment houses, tenement houses, residential condominiums and similar multi-family buildings exclusive of hotels, apartment hotels, and motels, inns, boarding or rooming houses, bed and breakfasts, and timesharing facilities.

Dwelling Unit. One or more rooms arranged for the use of one (1) or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities (see also "Residential Use").

Discount Stores. A single store or group of stores advertising a wide variety of merchandise for sale at less than retail cost.

Facade. The entire building wall, including parapet, fascia, windows, doors and canopy on any complete elevation. For purposes of this ordinance "building wall" shall also mean the exterior wall of an individual business unit within a building containing more than one business.

Family.

1.

An individual; or

2.

One (1) or more persons related by blood or marriage with any number of natural children, foster children, stepchildren or adopted children, plus not more than two (2) unrelated persons living together as a single housekeeping [unit]; or

3.

A group of not more than four (4) persons not related by blood, marriage, adoption, or guardianship, living together as a single housekeeping unit, except that for properties in non-residential zoning districts containing twenty (20) or more dwelling units the maximum number of unrelated persons allowed in a single housekeeping unit shall be six (6).

Fence or Wall. Means a structural device erected to serve as an architectural element, landscape element, screen or barrier.

Foot Candle. A unit of illumination equal to the light flux falling on one square foot of area one foot away from a light source of one candle power.

Foot Lambert. A unit of brightness equivalent to the emission of foot candle of illumination from one square foot of area.

Fraternity House. A building maintained exclusively for fraternity members and their guests or visitors and affiliated with an academic or professional college, university or other institution of higher learning.

Freeboard. A factor of safety usually expressed in feet above a base flood level for purposes of floodplain management

Front Setback. A setback across the full width of the lot extending from the front line of the lot to the corresponding line of the building.

Garage. A building or any portion thereof used for housing or repairing motor vehicles. This does not include rooms for storing, exhibiting or showing new cars for sale.

Garage Apartment. A room or rooms intended to be used as sleeping quarters, attached to a private or community garage.

Grade. Means the natural elevation of the ground.

Grand Tree. Means a tree twenty-four inches (24″) or greater D.B.H. Grand trees shall not include any species of pine trees (genus Pinus).

Green Infrastructure or GI. Green Infrastructure (GI) is an adaptable term used to describe an array of materials, technologies, and practices that use natural systems or engineered systems that mimic natural processes to enhance overall environmental quality and provide utility services. As a general principal, green infrastructure techniques use soils and vegetation to infiltrate, evapotranspirate, and/or recycle stormwater runoff. Examples of green infrastructure include green roofs, porous pavement, rain gardens, and vegetated swales.

Gross Acreage. The total area of a lot or lots including all submerged land and wetlands.

Gross Density. The number of dwelling units per gross acre.

Ground Cover. Means low growing plant material less than eighteen inches (18″) in height.

Half Story. The space under a gabled or hipped roof, where the wall plates, or knee walls, on at least two opposite exterior walls are not more than two feet above the finished floor of such story. The aggregate width of dormers on a half-story shall not exceed 50 percent of the width of the exterior wall below the dormer(s)

Height of Building. The vertical distance measured from the curb line to the highest point on the finished roof, including appurtenant parts and mechanical penthouses, of the structure. Elevator shaft penthouses set back from the side lines of the building a distance equal to the height of such shafts shall be excluded for the purpose of measuring height.

Height of Terrace. The difference in elevation between the lowest terrace level and the top of the terrace at a point central to the width of the nearest on-lot building wall or building profile.

High Ground. Such portion of a lot or tract of land and exclusive of naturally occurring water bodies and any areas lying below the critical line of the South Carolina Office of Ocean and Coastal Resources Management (OCRM) or any areas within the jurisdiction of the U.S. Army Corps of Engineers as shown on a plat or site plan of a lot or tract that has been stamped by the OCRM or the U.S. Army Corps of Engineers, or both, as appropriate. A man-made body of water contained within the boundaries of a project shall be assessed at fifty percent (50%) of the total acreage of said body of water for purposes of calculating project density. However, the total number of developable acres shall not exceed a twenty percent (20%) increase in the number of developable acres that would exist if the body of water was excluded from the calculation.

Home Occupation. A home occupation shall be defined as an occupation, profession or trade that is customarily conducted within a dwelling by the resident of record, is incidental and subordinate to the principal residential use, and does not constitute a nuisance or adversely affect the use and development of adjoining properties in the neighborhood.

Hotel. A building or part of a building in which living or sleeping accommodations served by common entrances are used primarily for transient occupancy and may be rented on a daily basis.

Household Income. All sources of financial support, both cash and in kind, of adult occupants of the housing unit, to include wages, salaries, tips, commissions, all forms of self-employment income, interest, dividends, net rental income, income from estates or trusts, Social Security benefits, railroad retirement benefits, Supplemental Security income, Aid to Families with Dependent Children or other public assistance welfare programs, other sources of income regularly received, including Veterans' (VA) payments, unemployment compensation and alimony, and awards, prizes, government or institutional or eleemosynary loans, grants or subsidies and contributions made by the household members' families for medical, personal or educational needs.

Impervious Surface. Surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures. For purposes hereof, all other surfaces shall be considered pervious surfaces.

Inn. See Hotel.

Inner Court. A court not extending to a street or alley or to a front or rear yard.

Interior Lot. A lot, the side lines of which do not abut on a street.

Land Development. Means the changing of land characteristics through redevelopment, construction, subdivision into parcels, condominium complexes, apartment complexes, commercial parks, shopping centers, industrial parks, mobile home parks, and similar developments for sale, lease, or any combination of owner and rental characteristics.

Landscaping. Means the practice or physical product of the arrangement of plant materials including ground cover, shrubs and trees, along with other natural and man-made elements such as rocks, fences and walls, as a means to enhance the built or natural environment by screening undesirable or unsightly land uses, buildings or other structures, or parking areas; by creating privacy; by buffering different land uses; and by modifying micro-climatic conditions (wind, shade, air temperature, etc.).

Leq(1). The constant sound level that, in a given situation and time period of one hour, conveys the same sound as the actual time-varying sound. This is a way of describing fluctuation sound by describing the fluctuating noise heard over a one-hour time period as if it had been a steady, unchanging sound. The method of averaging the noises made over a given time period weights the louder, more intrusive noises more heavily.

Lot. A portion or parcel of land laid out and approved by proper authorities and recorded as a single parcel in the R.M.C. office for Charleston County or Berkeley County, which is devoted to a common use or occupied by a building or buildings.

Lot Frontage. The front side of a lot that abuts a street or thoroughfare from which direct vehicular access to lots may be available.

Lot Occupancy of a Building. The horizontal area measured within the outside of the exterior walls or foundations of a building (see definition of "building"), except that appurtenances to buildings such as stairs and elevated stoops, porches, terraces and decks, that are not covered and are not elevated more than three feet above grade, shall not be included for the purpose of calculating lot occupancy of a building.

Low Impact Development or LID. Low impact development (LID) is a set of principles and design components used to manage stormwater runoff by mimicking natural conditions and limiting pollutant transport through source control. Nothing in this definition amends, modifies, abrogates, or repeals the Stormwater Regulations, and applicants must comply with all applicable Stormwater Regulations and obtain approval under such Stormwater Regulations for the use of any LID.

Mixed Occupancy. Occupancy of a building or land for more than one use.

Mobile Home. Any building or structure used or designed to be used for habitation of persons, or so designed and constructed that such building or structure may be transported in its entirety or in substantial part by a wheeled vehicle and placed upon a permanent foundation; or any manufactured structure designed or intended to be utilized as a single family dwelling which is over thirty-five feet (35′ ) in length, or over eight feet (8′ ) in width, and which can be temporarily or permanently parked upon a mobile home space.

Mobile Home Pad. A paved foundation equipped with utility connections located on a mobile home space.

Mobile Home Park. A development which meets the requirements of Article 3, Part 3, upon which two (2) or more mobile homes are placed for occupancy.

Mobile Home Space or Lot. A parcel or lot in a mobile home park or a single lot of record which meets the requirements of this ordinance for the placement of a mobile home.

Motel or Auto Hotel. A roadside commercial establishment offering lodging and automobile parking for transient travelers which has individual entrances from outside the building to serve the separate units.

Multi-Use Path means a bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way. Multi-use paths may also be used by pedestrians, skaters, wheelchair users, joggers, and other non-motorized users.

Neighborhood Use. A term which shall be used to identify specific areas in a Planned Unit Development where a variety of uses including, but not limited to, residential, commercial, office and institutional uses may be permitted subject to zoning regulations on a PUD Master Plan approved in accordance with Article 2: Part 7 Planned Unit Development, PUD District.

Net Acreage. The total area of high ground on a given lot or group of lots, including areas for proposed public and private roads.

Net Density. The number of dwelling units per net acre.

Nonconforming Use. A use of building or land that does not conform with the regulations of the district in which it is situated.

OCRM. The South Carolina Office of Ocean and Coastal Resources Management.

Open Space. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space shall not include streets, drives, off-street parking and loading areas, area so located or of such size or shape to have no substantial aesthetic or recreational value and any area within residential lots.

Ornamental Shrub. Means a three gallon or larger shrub, having a fullness appropriate for its container size, intended for ornamental purposes. (Refer to Appendix A.)

Outer Court. A court extending to a street or alley or to a front or rear yard.

Owner. The word "owner," applied to building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

Owner Occupied Workforce Housing Unit. See Workforce Housing Unit, Owner Occupied.

Parapet. A vertical false front or wall extension above the roof line.

Peninsula. Means the area of the City of Charleston bounded by the Cooper River to the east, the Ashley River to the west and south, and the Charleston City Limits to the north, unless otherwise defined within this Chapter.

Personal Property. Includes every species of property except real property, as herein defined.

Person. The word "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.

Pervious Surface. A surface that permits full or partial infiltration of water. Notwithstanding the foregoing, a pervious surface shall include any surface which is not an impervious surface.

Pool. A structure intended for swimming, recreational bathing or wading that contains water over 24 inches deep. This includes in-ground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.

Porch. A roofed or unroofed structure forming an entrance to a building or used primarily as a partial access to the exterior of the building. A porch is primarily open and subject to exterior views of its interior portion.

Principal Building. The building(s) in which the principal use on a lot is conducted.

Produce Market. An open air structure or roadside stand used for the retail sale of fresh fruits, vegetables, grains, eggs, flowers, herbs, plants, seafood or other types of food and agricultural products. Produce sold may be grown on the property where the market is located or may be trucked in from area farms.

Property. The word "property" shall include real and personal property.

Protected Tree. Means a tree eight inches (8″) or greater D.B.H.

Protective Barricade. Means a physical structure not less than four feet (4′) in height, limiting access to protected and grand trees. A suitable protective barrier shall be composed of wood or other durable material which insures protection of protected trees and grand trees during development.

Qualified Households. Households in which occupants have, in the aggregate, a household income (1) less than or equal to 120% of AMI for owner occupied workforce housing units; or (2) less than or equal to eighty percent (80%) of AMI for rental workforce housing units.

Real Property."Real property" shall include land, tenements, hereditaments, fixtures and appurtenances.

Rear Setback. A setback across the full width of the lot, extending from the rear line of the lot to the corresponding line of the building.

Recommended Tree. Means a tree of two and one-half inches (2½″) or greater in diameter as measured six inches (6″) above grade, which will grow to a minimum height of fifty feet (50′) at maturity. (Refer to Appendix A, unless otherwise specified.)

Relocated Tree. Means a protected tree that has been transplanted in the areas specified in Article 3: Part 3 and Part 7.

Remuneration. Money, rent, reward, recompense, salary, compensation or other bargained for consideration given in return for occupancy, possession or use of property, including the use of property to reward persons associated with clients or potential clients of a commercial venture.

Rental Workforce Housing Unit. See Workforce Housing Unit, Rental.

Replaced Tree. Means the planting in the areas specified in Article 3: Part 6 of a recommended tree in place of a protected tree that is removed, irreversibly damaged or destroyed in violation of the standards set forth in Article 3: Part 6.

Residence Club Use. Use of a property by a club for the benefit of the members and/or guests of the club, who are eligible to occupy the property for varying lengths of time that may or may not exceed twenty-nine (29) consecutive days. Residence clubs are characterized by the ownership of properties and sale of club memberships for the purpose of allowing members and/or guests to occupy club-owned properties for varying lengths of time that may or may not exceed twenty-nine (29) consecutive days. Residence club uses are accommodation uses and subject to the regulations of the accommodations overlay zone.

Resident. For purposes of this Chapter 54 of the Code of the City of Charleston, except for Section 54-211, the term "Resident" shall mean the record owner of the property who (1) physically resides at the subject property at least 183 days each year and (2) has designated the subject property as his/her legal voting address and the address of his/her driver's license. In addition, the subject property must be assessed at the four percent homeowner's assessment ratio according to the records of the county assessor's office. A single or dual member limited liability company (LLC) may qualify as a Resident of the subject property provided the member(s) provide(s) with the application for an STR Permit a sworn statement attesting that (s)he or they are the sole members of the LLC. The sole member(s) must also designate the subject property as his/their legal voting address and address of his/their driver's license, the subject property must be assessed at the four percent homeowner's assessment ratio according to the records of the county assessor's office, and the member(s) shall physically reside at the subject property at least 183 days each year.

Residential Short Term Rental. See definition for Short Term Rental, Residential.

Residential Use. The use of land or the building(s) thereon, or any part thereof, as a home by one or more individuals or families where the intended duration of occupancy is for a period of not less than thirty (30) consecutive days. Occupancy of a transient nature such as in motel, hotel, inn, bed and breakfast, rooming or boarding house, or timesharing uses shall not be defined as a residential use, but shall be defined as a commercial use.

Roadway. The word "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular travel.

Roof Peak. The point at the highest level of the roofline excluding all appurtenant parts, mechanical penthouses and elevated shafts.

Screening. Means the use of landscape planting, fences, walls or other structures to obscure vision of an unsightly or undesirable land use or structure and to minimize the intrusion of lighting on neighboring property.

Setback. An open unoccupied space, other than a court, between the building and any lot line.

Shipping Container Storage Uses. Outdoor storage of three (3) or more shipping containers that are not attached to a truck trailer chassis and may or may not be used for storage of materials.

Shoreline Frontage. Means the edge of high ground along a river, and its tributaries and creeks, which is visible from any part of the river channel at high tide.

Short-term Lender. A deferred presentment lender or a title loan lender.

Short Term Rental or STR. A conditional use to provide sleeping accommodations for a period of between one (1) and twenty-nine (29) consecutive days. This use is further defined in this section as either a commercial short term rental use or a residential short term rental use with different permitting and operational requirements for each type of short term rental use.

Short Term Rental, Commercial. A commercial short term rental is a conditional use whereby a conforming or legal nonconforming dwelling unit is converted into a fully-functioning, private accommodations use, which includes cooking, living, sanitary and sleeping facilities within one dwelling unit, to be rented to one (1) family for a period of between one (1) and twenty-nine (29) consecutive days. Distinguishing characteristics of a short term rental are: 1) it has all the attributes of a typical dwelling unit including cooking, living, sanitary and sleeping facilities, 2) is occupied by not more than four (4) unrelated people pursuant to the definition for family, and 3) is located on a commercially zoned property with a limited number of short term rental units, if more than one such unit is provided. A commercial short term rental shall only be permitted as a conditional use when a conforming or legal nonconforming dwelling unit is converted to such use in compliance with the procedures and conditions in Section 54-227 of the Zoning Ordinance and after a commercial STR permit is issued by the City.

Short Term Rental, Residential. A residential short term rental is a conditional use whereby the record owner of a property, who is also a resident of the property, uses one (1) or more rooms on the property for the purpose of providing sleeping accommodations for no more than four (4) adults (18 years and older) for a period of between one (1) and twenty-nine (29) consecutive days. A residential short term rental shall only be permitted in compliance with the procedures and conditions in Section 54-208.1, 54-208.2 or 54-208.3 of the Zoning Ordinance and after a Category 1, Category 2, or Category 3 Residential STR Permit is issued by the City.

STR Permit. A Category 1, Category 2, or Category 3 Residential STR Permit, or Commercial STR Permit issued by the City upon approval of a new application, change of ownership or annual renewal. Each short term rental permit shall include a permit number, the maximum number of guests permitted during a rental and an expiration date.

Side Setback. A setback between the side line of the lot and the adjacent side line of the building, extending from the front yard to the rear yard. If there is no front yard, the side setback shall be considered as extending to the front line of the lot, and if there is no rear yard, the side setback shall be considered as extending to the rear line of the lot.

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.

Sign. Any device or representation for visual communication that is used for the purpose of bringing the subject thereof to the attention of others which is located on or attached to premises, real property, structures on real property, or a vehicle, and which is visible from a public street or way.

Types of Signs.

Abandoned Sign. A sign which was erected on property in conjunction with a particular use which has been discontinued for a period of ninety (90) days or more, or a sign the content of which pertains to a time, event or purpose which no longer applies.

Canopy Sign. A sign which is suspended from, attached to, supported from or forms a part of a canopy.

Dilapidated Sign. Any sign which is insecure or otherwise structurally unsound, has defective parts in the support, braces, guys and/or anchors or which is unable to withstand the wind pressure for which it was originally designed.

Directional and Warning Sign. (a) A traffic, directional or informational sign, permanently erected in the public right-of-way or on private property by a governmental agency and permitted signs in public rights-of-way; (b) off-premises signs which contain information regarding the time and place of regular meetings of civic or religious groups; and/or (c) an on-premises permanent sign located at the curb cuts of a commercial, industrial, or office establishment giving direction or information as to matters as entrance, exit or the like. These signs may contain a logo or other information identifying the use of the premises, so long as such information is for direction and not advertising purposes.

Directory Sign. A sign listing only the names and/or use, or location of more than one business, activity or professional office conducted within a building, group of buildings or commercial center.

Flashing Sign. Any lighted or electrical sign which emits light in sudden transitory bursts. On/off time and temperature signs and message boards are not considered flashing signs for the purpose of this ordinance.

Freestanding Sign. A sign, not including sandwich boards, supported by a sign structure secured in the ground and which is wholly independent of any building, other than the sign structure, for support.

Illuminated Sign. A sign designed to give forth artificial light or to reflect such light from an artificial source.

Institutional Signs. On-premises signs which identify the name of an institution, such as a church, school, hospital, club, museum, a civic, fraternal or charitable organization, or similar entity and which describe the activities thereof.

Moving Message Board. Any electrical sign having a continuous message flow across its face by utilization of lights or other electrical impulses forming various words or designs.

Off-premises Sign. A sign identifying, advertising or directing the public to a business or commercial activity located on property other than where the sign is located.

On-premises Sign. A sign which (a) identifies, advertises or directs the public to a use, occupancy, function, service or product which is sold or manufactured on the property where the sign is located or at the site of a commercial, industrial or office development where the sign is located or (b) identifies, advertises or directs attention to a venture or message of a non-commercial or not-for-profit nature regardless of the location of such venture or message.

Portable Sign. Any sign, except a sidewalk/sandwich board sign, which is not permanently affixed to a building, structure or the ground.

Project Sign. Any sign erected and maintained on the premises temporarily while undergoing construction by an architect, contractor, developer, finance organization, subcontractor or materials vendor upon which property such individual is furnishing labor, services or material.

Reader Board. That portion of a sign face that allows for interchangeable letters, usually placed below the identification portion of the sign face. Reader boards are to be included in the calculation of the allowed sign size of a particular establishment.

Real Estate Sign. A temporary sign advertising the real property upon which the sign is located for rent, for lease, or for sale and providing the name and location of the owner or his agent.

Roof Sign. A sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof in any way.

Sandwich Board Sign. A freestanding movable sign, not secured or attached to the ground or any building or structure, composed of a sign panel and supporting structure or one or more panels which form both the structure and sign face, and which is intended to be placed in a sidewalk or pedestrian way.

Sign Band. A panel, either permanently affixed to or removable from a building façade, which is designed specifically to accommodate sign letters or graphics.

Snipe Sign. A sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences, or to other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.

Special Event Sign. A sign which carries a message regarding a special event or function which is of general interest to the community, such as historic, ethnic, cultural, religious, political or similar activities.

Temporary Sign. Any sign or information transmitting structure intended to be erected or displayed for a limited period, or any sign towed behind an aircraft.

Vehicle Sign. A permanent or temporary sign affixed, painted on, or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, which is displayed in public view under such circumstances as to location on the premises, time of day, duration, availability of other parking space on the premises, and the proximity of the vehicle to the area on the premises where it is loaded, unloaded or otherwise carries out its principal function, which circumstances indicate that the primary purpose of said display is to attract the attention of the public rather than to serve the business of the owner thereof in the manner which is customary for said vehicle.

Window Sign. Any sign which is permanently painted on, applied to, attached to or projected upon the glass area of a building, including doors, whose identification, message, symbol, insignia, visual representation, logo type, or any other form which communicates information is intended to be read from off-premises, contiguous property or a public right-of-way.

Silviculture. Means the cultivation of a forest for the purpose of harvesting timber.

Site Plan. A plan delineating the overall design of a development on a tract of land, including but not limited to grading, engineering design, construction details and survey data for existing and proposed improvements, the size, height, shape and location of buildings, location and design of parking areas, landscaping, refuse areas, and pedestrian and vehicular circulation on site.

Skirting. Panels specifically designed for the purpose of screening the underside of a mobile home or manufactured dwelling unit by forming an extension of the mobile home body and covering the entire distance between the bottom of the exterior walls and the ground elevation below and along the entire perimeter of the mobile home or manufactured dwelling.

Sleeping Unit. A single room with accommodations for sleeping or a suite of rooms designed for occupancy by a family that has accommodations for sleeping (see also "Accommodations Use").

Sorority House. See Fraternity House.

Special Exception. A departure from a general provision of this chapter which, by the expressed terms of such provision, may be permitted by the Board of Zoning Appeals upon application only after the Board finds the existence of facts and circumstances detailed in such provision.

Special Flood Hazard Area. SFHA are defined as the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1-percent annual chance flood is also referred to as the base flood or 100-year flood. SFHAs are labeled on Flood Insurance Rate Maps as Zone A, Zone AO, Zone AH, Zones A1—A30, Zone AE, Zone A99, Zone AR, Zone AR/AE, Zone AR/AO, Zone AR/A1—A30, Zone AR/A, Zone V, Zone VE, and Zones V1—V30.

Specified Anatomical Areas. "Specified Anatomical Area" means: a) less than completely and opaquely covered: i) human genitals, pubic region; ii) buttocks, and iii) female breast below a point immediately above the top of the areola; b) human male genitals in a discernibly tumid state, even if completely and opaquely covered; and c) a covering or device that when worn, simulates genitals, pubic region, buttocks, or any part of the female breast below the top of the areola.

Specified Sexual Activities. "Specified sexual activities" means: a) human genitals in a state of sexual stimulation or arousal; b) acts of human masturbation, sexual intercourse or sodomy; c) fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.

Specimen Tree. A tree listed in any of the categories in Section 54-331, that is healthy, undamaged, disease free and shows exceptional form and growth habits for that specific species.

State. The words "state" or "this state" shall mean the State of South Carolina.

Stormwater Regulations. Those federal, state, or local regulations governing stormwater management and drainage, including without limitation Chapter 27 (Stormwater Management and Flood Control) of the Code of Ordinances of the City of Charleston and the City's Stormwater Design Standards Manual. Stormwater Regulations additionally include any amendments, supplements, or modifications to the existing Stormwater Regulations.

Story. That portion of a building included between the surface of any floor and the surface of the next floor above, or if there be no floor above it, then the space between such and the ceiling next above it. Except as provided for in Section 54-505-e., a crawl space that exceeds six (6) feet in height from the floor to the bottom of the horizontal floor structure above, shall count as a story.

Street. The word "street" shall mean the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic and shall be taken to include any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and approaches thereto within the city. The word "street" shall also mean a private street within a subdivision.

Street, Public. A dedicated public right-of-way which affords the principal means of access to abutting property and which has been accepted for maintenance by the city, county or the S.C. Department of Transportation. For the purposes of these regulations, the term street or streets shall also mean avenues, boulevards, roads, lanes and all other public rights-of-way.

Local Street. A public street used primarily for providing direct access to abutting property.

Collector Street. A public street designed primarily to connect private ways serving multi-family complexes or other local streets with arterial streets and may be expected to carry a significant volume of traffic having neither origin nor destination on the street.

Arterial Street. A federal or state highway designed primarily for the movement of large volumes of traffic from one area to another.

Structure. Anything constructed or erected, the use of which demands its permanent location on the land; or anything attached to something having a permanent location on the land. The word "structure" shall include the word "building."

Structural Alteration. Any change or replacement in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Subdivision. Means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development, and includes all division of land involving a new street or change in existing streets, and includes re-subdivision which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or, the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, and includes combinations of lots of record.

Technical Review Committee or TRC. The Technical Review Committee or TRC established by section 54-602 and section 54-816.2.

Tenant, Occupant. The words "tenant" or "occupant" applied to a building or land shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

Through Lot. An interior lot having frontage on two streets.

Timesharing. The use of land or the buildings thereon, or any part thereof, as living quarters by one or more individuals or families where the intended duration of occupancy is normally less than thirty (30) consecutive days and when the basis of the right to such occupancy is dependent upon the acquisition, either through title or lease, of units of time which entitle one to exclusive possession of the premises. Timesharing use includes fee simple ownership, commonly called "interval ownership" and right of use or non-fee contract.

Title Loan Lender. A lender which regularly extends short-term nonpurchase money loans secured by titles to motor vehicles, such as those regulated by S. C. Code § 37-3-413 (Cum. Supp. 2011). The term does not include other supervised lenders, banks, credit unions, savings banks and like depository institutions.

Total Ambient Noise Levels. All stationary and mobile noise sources including vehicular or truck traffic associated with the proposed use of the property. Total ambient noise will be measured at any property line, using a sound level meter which is capable of measuring Leq(1) noise levels. Measurements should be made at a setback distance of 1,000 feet or greater from any existing roadway in order to accurately measure noises at the proposed use only. This measurement is not intended to restrict construction activity but only the operation of the proposed use.

Understory Tree. Means a 10 to 12 feet tall, which will grow to a minimum height of twenty feet (20′) at maturity (refer to Appendix A, unless otherwise specified).

Usable Open Space. Open space areas of high ground developed to provide for active recreational uses.

Vacation Time Sharing Ownership Plans. Any arrangement, plan or similar devise, whether by tenancy in common, sale, term for years, deed, or other means, whereby the purchaser receives an ownership interest in real property and the right to use accommodations or facilities, or both, for a period or periods of time during any given year, but not necessarily for consecutive years, which extends for a period of more than one year.

Variance. Relief from the literal enforcement of this chapter, permitting the use of property in a manner otherwise forbidden, granted by the Board of Zoning Appeals upon a finding that the enforcement of this chapter as written would inflict practical difficulty or unnecessary hardship as hereinafter described; provided, however, that the Board of Zoning Appeals may not, by variance, permit to be established or carried on in any use district an activity, business or operation which is not otherwise allowed in such district by a specific provision of this chapter.

Velocity Decibels. Vibration levels are measured in terms of velocity, representing the instantaneous speed at a point on the object that is displaced. The root mean square of a vibration signal is the average of the squared amplitude of the signal over a given period of time (usually one second). The rms velocity is normally described in inches per second. Decibel notation is defined as Lv = 20 X log10 (V/Vref), where Lv is the velocity level in decibels, V is the rms velocity amplitude, and Vref is the reference velocity amplitude. VdB is used for vibration decibels to reduce the potential for confusion with noise decibels.

Video Arcades. A building or any specifically designated portion thereof, the principal use of which is the providing of entertainment by means of coin or token operated machines for amusement and/or gaming.

Water-Dependent Structures. Means those structures associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within required building setbacks or buffers. Water-dependent structures do not include residences, restaurants or motel/hotel facilities.

Wetland. Means land that falls under the jurisdiction of one or more of the following agencies: OCRM or the United States Army Corps of Engineers.

Width of Court. The least horizontal dimension of a court at its lowest level.

Width of Side Setback. The least distance from any part of or point on the building or porch to the adjacent side lot line of the lot.

Workforce Housing Unit. An owner occupied workforce housing unit or a rental workforce housing unit.

Workforce Housing Unit, Owner Occupied. A dwelling unit in which at least one (1) occupant is an owner and in which all occupants have, in the aggregate, household income less than or equal to 120% of AMI.

Workforce Housing Unit, Rental. A dwelling unit in which occupants have, in the aggregate, household income less than or equal to eighty percent (80%) of AMI.

(Ord. No. 1996-227, 1, 2, 11-26-96 ; Ord. No. 1997-459, 1, 11-25-97; Ord. No. 1998-76, § 1, 4-28-98; Ord. No. 1998-147, § 1, 8-18-98; Ord. No. 1998-203, § 1, 11-24-98; Ord. No. 1999-02, §§ 1, 2, 1-12-99; Ord. No. 1999-08, § 1, 2-9-99; Ord. No. 1999-54, §§ 4, 5, 4-27-99; Ord. No. 1999-94, § 1, 8-17-99; Ord. No. 2001-44, § 11, 5-8-01; Ord. No. 2002-19, §§ 1, 2, 2-12-02; Ord. No. 2002-92, § 1, 8-13-02; 2002-130, § 1, 11-26-02; Ord. No. 2003-44, § 1, 4-22-03; Ord. No. 2003-50, §§ 1—3, 5-27-03; Ord. No. 2004-25, § 1, 3-9-04; Ord. No. 2005-92, § 1, 5-10-05; Ord. No. 2005-95, § 1, 5-17-05; Ord. No. 2006-397, § 1, 9-12-06; Ord. No. 2006-428, §§ 1—4, 9-26-06; Ord. No. 2006-489, § 1, 10-24-06; Ord. No. 2007-136, §§ 1, 2, 7-17-07; Ord. No. 2007-172, § 1, 9-11-07; Ord. No. 2008-160, § 1, 12-9-08; Ord. No. 2010-09, § 1, 3-9-10; Ord. No. 2011-08, §§ 1—3, 2-8-11; Ord. No. 2011-11, § 1, 2-8-11; Ord. No. 2011-28, § 1, 4-12-11; Ord. No. 2012-41, §§ 2, 3, 1-24-12; Ord. No. 2013-22, § 1, 2-26-13; Ord. No. 2013-31, § 1, 3-12-13; Ord. No. 2014-95, § 1, 7-15-14; Ord. No. 2014-130, § 1, 10-14-14; Ord. No. 2014-153, § 1, 12-2-14; Ord. No. 2016-051, § 3, 4-26-16; Ord. No. 2018-031, §§ 2, 3, 4-10-18; Ord. No. 2018-043, §§ 2—4, 4-10-18; Ord. No. 2020-004, § 1, 1-14-20; Ord. No. 2020-027, § 1, 2-25-20; Ord. No. 2020-097, § 8, 8-18-20; Ord. No. 2020-116, §§ 1—3, 9-8-20; Ord. No. 2021-040, §§ 1, 2, 4-13-21; Ord. No. 2021-172, §§ 1, 2, 12-7-21; Ord. No. 2023-226, § 1, 11-14-23; Ord. No. 2023-251, § 1, 12-5-23; Ord. No. 2024-162, § 2, 10-8-24; Ord. No. 2025-087, § 2, 6-17-25)