DIVISION A: AGRICULTURE, FORESTRY AND FISHING

01. Agriculture Production-Crop

02. Agriculture Production-Livestock

07. Agricultural Services

08. Forestry

09. Fishing, Hunting and Trapping

DIVISION B: MINING

14. Mining and Quarrying of Nonmetallic Minerals, Except Fuels

DIVISION C: CONSTRUCTION

15. Building Construction-General Contractors and Operative Builders

16. Heavy Construction Other Than Building Construction Contractors

17. Construction-Special Trade Contractors

DIVISION D: MANUFACTURING

20. Food and Kindred Products

22. Textile Mill Products

23. Apparel and Other Finished Products Made From Fabrics and Similar Materials

24. Lumber and Wood Products, Except Furniture

25. Furniture and Fixtures

26. Paper and Allied Products

27. Printing, Publishing and Allied Industries

28. Chemicals and Allied Product

29. Petroleum Refining and Related Industries

30. Rubber and Miscellaneous Plastic Products

31. Leather and Leather Products

32. Stone, Clay, Glass and Concrete Products

33. Primary Metal Industries

34. Fabricated Metal Products, Except Machinery and Transportation Equipment

35. Industrial and Commercial Machinery and Computer Equipment

36. Electronic and Other Electrical Equipment and Components, Except Electrical Computer Equipment

37. Transportation Equipment

39. Miscellaneous Manufacturing Industries

DIVISION E: WAREHOUSING, TRANSPORTATION, COMMUNICATION, ELECTRIC, GAS AND SANITARY SERVICES

40. Railroad Transportation

41. Local and Suburban Transit and Interurban Highway Passenger Transportation

42. Motor Freight Transportation and Warehousing

44. Water Transportation

45. Transportation by Air

47. Transportation Services

48. Communications

49. Electric, Gas and Sanitary Services

DIVISION F: WHOLESALE TRADE SELLING PRIMARILY TO RETAILERS, INDUSTRIAL, COMMERCIAL, INSTITUTIONAL USERS, ETC.

50. Wholesale Trade-Durables Goods

51. Wholesale Trade-Nondurable Goods

DIVISION G: RETAIL TRADE SELLING PRIMARILY FOR PERSONAL OR HOUSEHOLD CONSUMPTION

52. Building Materials, Hardware, Garden Supply and Mobile Home Dealers

53. General Merchandise Store

54. Food Stores

55. Automotive Dealers and Gasoline Service Station

56. Apparel and Accessory Stores

57. Furniture, Home Furnishings and Equipment Stores

58. Eating and Drinking Places

59. Miscellaneous Retail

DIVISION H: FINANCE, INSURANCE AND REAL ESTATE

60. Depository Institutions

61. Nondepository Institutions

62. Security and Commodity Brokers, Dealers, Exchanges and Services

63. Insurance Carriers

64. Insurance Agents, Brokers and Service

65. Real Estate

DIVISION I: SERVICES

70. Hotels, Rooming Houses, Dormitories, Camps and Other Lodgings

72. Personal Services

73. Business Services

75. Automotive Repair, Services and Garages

76. Miscellaneous Repair Service

78. Motion Pictures and Theaters

79. Amusement and Recreation Services, Except Motion Pictures

80. Health Services

81. Legal Services

82. Educational Services

83. Social Services

84. Museums, Art Galleries, Botanical and Zoological Gardens

86. Membership Organizations

87. Miscellaneous Services

88. Private Households

89. Miscellaneous Services, Not Elsewhere Classified

DIVISION J: PUBLIC ADMINISTRATION

91. General Government Not Elsewhere Classified

92. Justice, Public Order and Safety

(Ord. No. 1996-227, §§ 8—18, 11-26-96; Ord. No. 1997-279, § 2, 7-15-97; Ord. No. 1997-280, § 1, 7-15-97; Ord. No. 1997-525, §§ 3, 4, 11-25-97; Ord. No. 1998-203, §§ 3, 4, 11-24-98; Ord. No. 1999-01, § 2, 1-12-99; Ord. No. 1999-22, § 3, 3-10-99; Ord. No. 1999-94, § 2, 8-17-99; Ord. No. 1999-137, § 3, 9-28-99; Ord. No. 2001-44, § 1, 5-8-01; Ord. No. 2002-84, § 3, 8-13-02; Ord. No. 2002-92, §§ 3, 4, 8-13-02; Ord. No. 2003-44, §§ 2, 3, 4-22-03; Ord. No. 2003-63, § 2, 7-15-03; Ord. No. 2063-69, §§ 5—7, 8-19-03; Ord. No. 2006-463, § 3, 10-17-06; Ord. No. 2006-488, § 1, 10-24-06; Ord. No. 2006-489, § 4, 10-24-06; Ord. No. 2007-59, §§ 1—6, 8—14, 3-6-07; Ord. No. 2008-146, §§ 1—4, 11-25-08; Ord. No. 2008-159, §§ 1, 2, 12-9-08; Ord. No. 2009-55, §§ 1, 3, 4, 4-14-09; Ord. No. 2009-207, § 1, 10-13-09; 2011-121, § 2, 9-3-11; Ord. No. 2012-31, §§ 1—3, 1-10-12; Ord. No. 2012-55, § 1, 2-14-12; Ord. No. 2012-229, § 1, 5-8-12; Ord. No. 2013-31, § 2, 3-12-13; Ord. No. 2013-105, § 7, 10-8-13; Ord. No. 2014-67, §§ 3—5, 5-13-14; Ord. No. 2014-94, § 1—6, 7-15-14; Ord. No. 2014-95, §§ 2—5, 7-15-14; Ord. No. 2015-125, § 2, 9-22-2015; Ord. No. 2015-142, §§ 2—6, 10-13-15; Ord. No. 2016-082, 1—6, 7-19-16; Ord. No. 2016-102, § 9, 9-13-16; Ord. No. 2017-026, §§ 2, 3, 3-28-17; Ord. No. 2018-043, § 8, 4-10-18; Ord. No. 2018-079, §§ 1, 2, 7-17-18; Ord. No. 2020-097, § 2, 8-18-20; Ord. No. 2022-083, § 1, 6-21-22; Ord. No. 2023-236, § 1, 11-28-23)

a.

Conservation, C District. A district designed primarily to protect and encourage the appropriate use of marshlands, forested areas, scenic areas, and agricultural areas that are not likely to be developed for urban purposes in the reasonable near future.

b.

Agricultural, AG-8 and AG-S Districts. The AG districts allow agricultural, crop production, animal production, forestry, and related uses as well as various type of residential and recreational uses, and other related uses, some commercial uses, resource extraction/mining, and some manufacturing and production uses as allowed uses, conditional uses or special exception uses depending on the specific type and size of the use. The AG-S district also allows asphalt and concrete recycling uses as a conditional use. Most of the regulations for the AG districts can be found in Article 10.

c.

Rural Residential, RR-1 District. The RR-1 district allows agricultural and silvicultural uses as well as most uses allowed in the SR districts. RR-1 requires a minimum lot size of 12,500 square feet and limits density to 3.5 units per acre.

d.

Single-family Residential, SR-1, SR-2, SR-3, SR-4, SR-5, SR-6, SR-7 and SR-8 Districts. The Single-family Residential (SR) districts allow for one-family detached dwellings with maximum densities of 4.8, 7.3, 7.3, 10.9, 17.4, 8.7, 1 and 2.9 units per acre respectively, with varying setback, height and lot occupancy requirements.

e.

Single- and Two-family Residential, STR District. The STR district allows single- and two-family dwellings and all uses permitted in the SR districts. The minimum lot size for a two-family dwelling is 9,000 square feet for a maximum density of 7.3 units per acre.

f.

Diverse Residential, DR-6, DR-9, DR-12, DR-1, DR-1F, DR-2, DR-2F Districts. The DR districts allow multi-family residential (3 or more) dwellings and one-family attached dwellings as well as single- and two-family dwellings. Density limitations are 6.0, 9.0, 12.0, 19.4, 19.4, 26.4 and 26.4 units per acre respectively. Within the DR-1, DR-1F, DR-2, DR-2F districts, the Board of Zoning Appeals may approve as a special exception, fraternity houses, sorority houses, dormitories, and homes for the elderly.

g.

Diverse Residential, DR-3 District. The DR-3 district is intended to promote acceptable living environments for occupants of mobile home parks as well as occupants of mobile homes, and manufactured homes and non-mobile home residential dwellings on single lots outside of mobile home parks. Uses allowed in SR and DR districts are also allowed in the DR-3 district. The minimum lot size for a mobile home or manufactured home on its own lot is one acre.

h.

Diverse Residential, DR-4 District. The DR-4 district allows multi-family dwellings of 20 or more units for the elderly. Such structures are subject to development standards relating to maximum lot area per living unit, height, lot coverage, as well as other development requirements.

i.

Residential Office, RO District. The RO District is intended to allow limited office uses within converted residential structures along major roadways. This district shall provide for the daily convenience and personal service needs of the surrounding community and shall be designed to mix compatibly and aid in the preservation and stabilization of the local neighborhood. The RO zoning district is not intended to permit the loss of viable housing stock.

j.

General Office, GO District. The GO district is intended to provide for professional, administrative, executive and government offices including, but not limited to, medical, insurance, real estate, attorney, engineering, and financial offices. Accessory uses intended to compliment office uses are permitted pursuant to Section 54-212.

k.

Commercial Transitional, CT District. The CT District is intended to protect, preserve and enhance residential areas while allowing commercial uses which are compatible with the adjacent residential areas. In addition to allowing a limited number of commercial uses, the size and hours of operation of certain uses are restricted.

l.

Limited Business, LB District. The LB district is intended to provide for a limited variety of commercial uses and services associated with neighborhood retail, financial and office activities which are compatible with residential areas. The hours of operation for most permitted commercial uses are restricted to between 7 a.m. and 11 p.m. Gasoline service stations are permitted as a conditional use. Prohibited uses include, but are not limited to bars, liquor stores, car washes as a principal use, bowling alleys, billiard parlors, dance halls, restaurants with drive-thru service windows, and automobile sales.

m.

General Business, GB District. The GB district is intended to provide for a broad range of commercial uses and activities. It is the most intensive commercial zoning district. Prohibited uses include junk and salvage yards, and storage yards (except for vehicles and boats). Mini-warehouse/self-storage uses may be permitted as special exception uses subject to the approval of the Board of Zoning Appeals. Automotive repair shops, communication towers, gas stations, short term lenders, veterinary clinics, and stables may be permitted as conditional uses.

n.

Urban Commercial, UC District. The UC district is intended to allow high density residential development in a commercial zoning district that permits the same commercial uses as the General Business district.

o.

Mixed Use, MU-1 District. The MU-1 district is intended to permit high density residential uses along with a limited variety of neighborhood commercial uses and services in urban areas of the city.

p.

Mixed Use, MU-2 District. The MU-2 district is intended to permit high density residential uses along with a broad range of commercial uses and activities in urban areas of the city.

q.

Business Park, BP District. The BP district is intended to accommodate service type commercial, wholesale, storage, and light manufacturing uses with relatively limited external effects in a high quality environment. Uses which fit into this category are characterized by being low traffic generators, having no external environmental effects across property lines, and having all outdoor storage screened from adjoining rights-of-ways and properties by a minimum six-foot tall solid fence or wall and landscape buffer, if required. Automotive repair shops and veterinary clinics are permitted only as special exceptions subject to the approval of the Board of Zoning Appeals.

r.

Light Industrial, LI District. The LI district is intended to permit most commercial uses and low impact industrial uses which are compatible with surrounding commercial districts. More intensive industrial and manufacturing uses are permitted as conditional uses if the uses satisfy specific performance standards. Storage yards are permitted only as special exceptions subject to the approval of the Board of Zoning Appeals.

s.

Heavy Industrial, HI District. The HI district is intended to provide for a broad range of industrial uses. It is the least restrictive industrial zoning district. Junk yards and storage yards permitted only as special exceptions subject to the approval of the Board of Zoning Appeals.

t.

Gathering Place, GP District. The GP district is intended to promote mixed-use town, village, and neighborhood centers around the city at major intersections or along traditional commercial streets. Diverse housing, mixed-use, pedestrian oriented development are permitted within this district.

u.

Mixed Use 1, Workforce Housing, MU-1/WH District. The MU-1/WH district is incentive based and is intended to permit high density residential uses with a mixture of housing opportunities, along with limited neighborhood nonresidential uses and services in urban areas of the city.

v.

Mixed Use 2, Workforce Housing, MU-2/WH District. The MU-2/WH district is incentive based and is intended to permit high density nonresidential uses with a mixture of housing opportunities, along with a broad range of nonresidential uses in urban areas of the city.

w.

Upper Peninsula, UP, District. The UP District is intended to accommodate a mixture of dense residential and commercial and uses and taller buildings in the upper portion of the peninsula through the use of incentives designed to promote ecology, mobility, energy efficiency, diverse housing and privately maintained outdoor spaces accessible to the public.

x.

Job Center, JC District. The JC District is intended to promote small entrepreneurial businesses and industries consisting of consumer, special trade, services, office/warehousing and limited business park uses. Uses that fit into this category are characterized by being incubators for new small and entrepreneurial business, uses are low traffic generators, and do not have external environmental effects across property lines. The scale of the buildings and uses in the JC District are an appropriate transition between residential uses and more intense zone districts. The hours of operation for uses that are open to the public are limited to 7:00 a.m. to 9:00 p.m.

(Ord. No. 1997-525, § 1, 11-25-97; Ord. No. 1998-203, § 2, 11-24-98; Ord. No. 1999-22, § 2, 3-10-99; Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 1999-137, § 2, 9-28-99; Ord. No. 2001-44, § 2, 5-8-01; Ord. No. 2002-84, § 2, 8-13-02; Ord. No. 2003-63, § 1, 7-15-03; 2003-69, § 4, 8-19-03; Ord. No. 2006-463, § 2, 10-17-06; Ord. No. 2011-157, § 1, 10-11-11; Ord. No. 2013-105, §§ 1—3, 10-8-13; Ord. No. 2014-67, § 2, 5-13-14; Ord. No. 2015-142, § 11, 10-13-2015; Ord. No. 2016-02, § 3, 9-13-16; Ord. No. 2017-026, § 1, 3-28-2017; Ord. No. 2018-031, § 4, 4-10-18; Ord. No. 2022-084, § 1, 6-21-22)

a.

Accommodations, A Overlay Zone. The A Overlay Zone is intended to identify those areas within the City limits where accommodation uses are allowed. Accommodation uses are prohibited except within the A Overlay Zone, with the exception of bed and breakfasts that are approved in accordance with the provisions of Section 54-208.

b.

Tour Boat, TB Overlay Zone. The TB Overlay Zone is used only on the peninsula area of Charleston to identify waterfront areas suitable for the operation of tour boats.

c.

Johns Island, JI Overlay Zone. The JI Overlay Zone applies to all areas of Johns Island within the City limits. Within the JI Overlay Zone, additional restrictions may apply depending on the underlying base zoning district and the specific use. Restrictions of the JI Overlay Zone which are incorporated into the applicable sections of this Chapter include street frontage buffers, buffers for industrial uses, sign regulations, and curb cut requirements.

d.

Amusement and Recreation Services, AR Overlay Zone. The AR Overlay Zone applies to all areas of peninsula section of the city as bounded by the Ashley River, the Cooper River and Charleston Harbor.

e.

Savannah Highway SH Overlay Zone. The SH Overlay Zone is intended to allow office and neighborhood service uses in addition to the uses allowed in the base zoning district. Existing structures in the SH zone that are used for a non-residential use shall retain their residential appearance. Building additions and new structures shall be designed to look like the existing residential structures. Parking shall be restricted to the side or rear of the principal buildings and buffering from adjoining residential lots shall be required.

f.

School S Overlay Zone. The S Overlay Zone is intended to identify those areas within residential zoning districts where school uses are allowed. School uses are prohibited within residential zoning districts except within the S Overlay Zone.

g.

Landmark LMK Overlay Zone. The Landmark Overlay Zone is intended to effect and accomplish the protection, enhancement and perpetuation of structures or other improvements that have a special character or special historical, cultural, or aesthetic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation or that are associated with an event of importance to the history of the city, state or nation, or that reflect the environment in an era characterized by a distinctive architectural style or that embodies those distinguishing characteristics of an architectural style or engineering specimen.

h.

Short Term Rental, ST Overlay Zone. The Short Term Overlay Zone is intended to permit commercial short term rentals, as defined herein, in specific base zoning districts within the ST Overlay Zone and Bed and Breakfasts, as defined herein, in all base zoning districts within the ST Overlay Zone.

i.

General Business Late Night, GBLN Overlay Zone. The General Business Late Night Overlay Zone is intended to restrict certain uses, as specified herein, to only operate between 7:00 a.m. and 11:00 p.m.

j.

Light Industrial Late Night, LILN Overlay Zone. The Light Industrial Late Night Overlay Zone is intended to restrict certain uses, as specified herein, to only operate between 7:00 a.m. and 11:00 p.m.

k.

Tech Corridor, TC Overlay Zone. The Tech Corridor Overlay Zone is intended to enable high technology and technology-related industries to anchor new development in the district.

l.

Gateway, G Overlay Zone. The Gateway Overlay Zone is intended for sites in the City that are located at primary entrances to specifically defined or colloquially known districts and areas of the City. The purpose of the Gateway Overlay is to accommodate a more varied use matrix at these strategic locations by providing an opportunity for denser residential developments at commercially zoned properties by way of an optional set of development regulations that authorize higher residential density, and impose lot coverage requirements and certain height restrictions.

m.

Folly Road, FR Overlay Zone. The Folly Road Overlay Zone is intended to implement traffic safety measures, to improve the visual character of the corridor, and to create consistency between the City of Charleston and surrounding jurisdictions concerning land use and design standards.

n.

Special Parking District, SPD Overlay Zone. See Section 54-511.c.

(Ord. No. 1996-125, § 4, 7-16-96; Ord. No. 1998-112, § 1, 5-26-98; Ord. No. 1999-01, § 1, 1-12-99; Ord. No. 1999-95, § 1, 8-17-99; Ord. No. 2006-428, § 5, 9-26-06; Ord. No. 2006-463, § 2, 10-17-06; Ord. No. 2012-41, § 1, 1-24-12; Ord. No. 2014-08, § 1, 1-30-14; Ord. No. 2014-37, § 1, 3-25-14; Ord. No. 2015-060, § 2, 5-26-2015; Ord. No. 2016-079, § 1, 7-19-16; Ord. No. 2017-148, § 1, 12-11-17; Ord. No. 2018-043, § 5, 4-10-18; Ord. No. 2021-092, § 2, 7-20-21)

Permitted principal uses for each base zoning district, except for Agricultural zoning districts, shall be as set forth in Part 3: Table of Permitted Uses, and as modified by special provisions, exceptions and conditions contained herein. For permitted principal and accessory uses in Agricultural base zoning districts, see Article 10. Principal use means the primary or predominant use or uses of a lot or parcel. The Table is based upon the 1987 Standard Industrial Classification Manual. Accessory uses, which for the purposes of this Chapter are defined as uses of land or of a building or portion thereof which are customarily incidental and subordinate to a principal use located on the same lot or parcel, are allowed, except that communication towers, home occupations, residential short term rentals, home day care facilities, and limited commercial uses within the GO district are only allowed pursuant to the requirements specified in Part 4: Accessory Uses, of this Article.

a.

Symbols used in the Table are as follows:

1.

*bull; means that the indicated use is permitted by right in the indicated district;

2.

† means that the indicated use is permitted in the indicated district, subject to the granting of a special exception by the Board of Zoning Appeals;

3.

‡ means that the indicated use is permitted in the indicated district as a conditional use, subject to a finding by the Zoning Administration that the use satisfies specific conditions listed herein.

4.

H means that the indicated use is permitted but the hours of operation for that use are restricted to normal business hours for that district as listed in Section 54-204.

b.

Any use not permitted in a district is expressly prohibited.

c.

A section number following the use category means that the special exception or conditional use is allowed where indicated on the Table but must meet the conditions and requirements set forth in the referenced section of this Article.

d.

The Zoning Administration may utilize the Standard Industrial Classification Manual to determine the appropriate classification of a land use.

(Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 2018-031, § 5, 4-10-18; Ord. No. 2018-043, § 6, 4-10-18)

a.

Within CT. In commercial transitional, CT district, certain uses, as specified herein, are restricted to normal business hours. In the CT district, normal business hours are deemed to be hours of operation beginning no earlier than 7 a.m. and ending no later than 8 p.m.

b.

Within LB. In the limited business, LB district, certain uses, as specified herein, are restricted to operating only between 7 a.m. and 11 p.m., except that theaters may operate beyond 11 p.m. although theater box offices may not sell tickets after 11 p.m.

c.

Within the GBLN and LILN Overlay Zones. In the General Business Late Night overlay zone and Light Industrial Late Night overlay zones certain uses, as specified herein, are restricted to only operate between 7:00 a.m. and 11:00 p.m.

(Ord. No. 1997-524, § 1, 11-25-97; Ord. No. 2014-08, § 2, 1-30-14)

a.

Definitions:

Community shopping center: Shopping center having a GLA of 100,000 to 249,999 square feet.

GLA: Gross leasable area (GLA) in square feet means the total floor area designed for tenant occupancy and exclusive rent, including mezzanines, upper floors, outdoor storage areas, and is the area upon which the tenant's pay rent.

LOS: Level of service (LOS) means the level of service of a roadway as defined in the 1994 Highway Capacity Manual.

Regional shopping center: Shopping center having a GLA of 250,000 square feet or more.

Shopping center: A commercial development which includes one or more retail type uses - from Table 3.3: Off-street Parking Requirements. The total floor area must equal 20,000square feet or more, in one or more buildings, on one or more lots which are designed and laid out to function as an interrelated development, as evidenced by both shared driveways and parking. For purposes of this Section 542-204.1 only, the definition of shopping center shall also include a single retail establishment built which has a gross leasable area (GLA) in excess of 100,000 square feet, which is the sole store on a site.

b.

A regional shopping center shall be permitted by right within the limited business, general business, light industrial, and heavy industrial districts provided the proposed shopping center property is within one mile of an interchange with either Interstate 26 or the Mark Clark Expressway.

c.

A community shopping center shall only be permitted as an exception within the limited business, general business, light industrial, and heavy industrial districts when the property is not within one mile of an interchange with either Interstate 26 or the Mark Clark Expressway and where the Board of Zoning Appeals-Zoning, after review finds, that:

(i)

A detailed traffic study plan has been submitted and approved by the City Department of Traffic and Transportation which identifies critical roadways and intersections impacted by the proposed shopping center. The traffic study shall develop an anticipated arrival/departure pattern for vehicle trips generated by the proposed shopping center for the defined study area. Site traffic shall be distributed throughout the study area based on arrival/departure pattern. In addition, if the traffic study recommendations require, the developer of the proposed shopping center shall also submit a traffic mitigation plan which delineates the improvements to be made by the developer on-site and off-site to mitigate the traffic consequences of the proposed shopping center and to improve the LOS of the critical roads. The traffic study and mitigation plan, if appropriate, must demonstrate that traffic operations on the critical roadways and intersections in the vicinity of the proposed shopping center shall have a LOS of not less than LOS "D" after the construction of the proposed shopping center. If an existing intersection within one mile of an interstate interchange is currently operating at a LOS "E" or "F," the traffic study or mitigation plan should allow for maintaining the same overall intersection delay. Any off-site improvements required must be completed prior to the issuance of a certificate of occupancy for the project.

(ii)

The traffic pattern for the proposed shopping center shall not include any residential street.

(iii)

An existing shopping center with 80,000 square feet or more shall be permitted to expand to the maximum square footage allowed for a community shopping center under this Ordinance and shall be exempt from paragraph c., sections (i), (ii), and (iii) above.

(Ord. No. 2000-164, § 2, 7-18-00)

The following regulation has been adopted to ensure that the placement of portable storage units comply with the health, safety and aesthetics objectives of the City. This section regulates the placement of portable storage units in order to promote the health and safety of the residents of the City and to preserve the aesthetic value of its residential neighborhoods and commercial districts.

a.

Definitions.

Portable storage unit shall mean a transportable unit designed and used primarily for temporary storage of building materials, household goods, or other materials which is typically delivered and removed by truck. For the purposes of this section, the trailer portion of a tractor trailer, boxcars and shipping containers shall be considered a portable storage unit when used for the purposes of on-site storage in residential districts.

b.

Requirements for placement of portable storage units. The following requirements shall apply to the placement of portable storage units in all zoning districts except BP, LI and HI:

(i)

It shall be unlawful for any person or entity to place, permit the placement of, or allow a portable storage unit to remain on a lot in excess of thirty (30) calendar days in any calendar year. Thirty (30) day extensions may be granted if there is substantial evidence of need. Requests for extension shall be made in writing and set forth the reason the extension is needed. Requests shall be directed to the City's Zoning Administrator.

(ii)

Portable storage units shall only be placed upon approved parking areas such as driveways and parking lots. If space is available at the sideyard or the rear yard of a lot, the portable storage unit may be placed on the side or rear of the lot. Portable storage units shall not displace required parking spaces. A Portable Storage Unit shall not be placed in the public-right-of-way without the authorization of the Traffic and Transportation Department pursuant to Chapter 19.

(iii)

There shall be no more than one (1) portable storage unit per lot. Portable storage units shall be no larger than eight (8) feet high by eight (8) feet wide by sixteen feet (16) long. Portable storage units shall not be considered an accessory structure.

(iv)

Notwithstanding the time limitations set forth herein, all portable storage units shall be removed immediately upon the issuance of a tropical storm warning or hurricane watch issued by a recognized government agency. If the Zoning Administrator, or designee, determines that an emergency, other than a tropical storm warning or hurricane watch by a recognized government agency, provides sufficient cause to exceed or reduce the time limitations which would otherwise apply, the Zoning Administrator, or designee, may allow a portable storage unit to remain at a lot for a period in excess of such time limitations, or may also order the immediate removal of the portable storage unit.

(v)

The owner and operator of any lot on which a portable storage unit is placed shall be responsible for ensuring that the portable storage unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times. When not in use, the portable storage unit shall be kept locked.

(vi)

No portable storage unit shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than that of the property where the portable storage unit is located (i.e. used for retail sales) or any other illegal or hazardous material. Upon reasonable notice to the property owner or operator, the City may inspect the contents of any portable storage unit at any reasonable time to ensure that it is not being used to store said materials. At no time shall a portable storage unit be used for any illegal purpose.

(vii)

The provisions of this section shall not supersede the restrictive covenants of any subdivision or planned development in which the placement of portable storage units is limited or prohibited.

(Ord. No. 2009-167, § 1, 9-22-09; Ord. No. 2015-018, § 1, 3-10-2015)

Within all base zoning districts, it shall be unlawful to advertise, rent, or otherwise use a property, or part of a property, as an accommodations use, as herein defined, unless said use has been approved by the City of Charleston pursuant to this Chapter.

(Ord. No. 2018-043, § 7, 4-10-18)

a.

Within all zones except LI and HI. Adult uses, as defined in Section 54-120, are prohibited.

b.

Within LI and HI. Adult uses, located within 1,000 feet of any school, public or private park, church, or residential area or within 1,000 feet of any other such establishment are prohibited. Such distance shall be measured from the nearest point of the parcel of land so used to the nearest property line of another establishment or zoning line in the case of a residential area. Nothing contained in this subsection shall be construed to apply to the exhibition, presentation, showing or performance of any play, ballet, drama, tableau or production in any theater, concert hall, auditorium, museum of fine arts, school, institution of higher learning or other similar establishment which is primarily devoted to such exhibitions, presentations, shows or performances as a form of expression or opinion, communication, speech, ideas, information, art drama.

(Ord. No. 2003-50, § 4, 5-27-03)

Uses designated in the Table of Permitted Uses and listed below, may be permitted in certain districts where the Board of Zoning Appeals—Zoning after review, finds that requirements listed below for such uses are met.

a.

Additional dwelling units in the SR zoning districts. Additional dwelling units shall be permitted as an exception within all single-family residential, SR zoning districts, in dwellings constructed prior to August 17, 1966, where the Board, after review, finds that such existing dwelling contains such an amount of space available and suitable for residential purposes that it is unreasonable to require its use as single family dwelling.

b.

Cemeteries. Cemeteries shall be permitted within the Conservation and all residential zones only as an exception where the Board, after review, finds that no building or parking lot thereof will be closer than one hundred (100) feet to an adjoining lot, and that all facilities will be adequately screened and landscaped in a manner appropriate to the character of the district.

c.

Church. Church uses, except parking for church uses, shall only be permitted as an exception within the Conservation and all residential zones where the Board, after review, finds that buildings will not be closer than twenty-five (25) feet to an adjoining property line and that the required off-street parking spaces will be provided. Parking for church uses within the Conservation and all residential zones shall be permitted as a conditional use under Section 54-207, y.

d.

Dairy farms & dairy products manufacture shall be permitted only as an exception within the Conservation Zone where the Board, after review, determines that such uses are in accordance with the City's comprehensive land use plan.

e.

Day care centers. A day care center, which is an accessory use to a church, school, park or other institution, shall be permitted as an exception within the Conservation District, all residential districts, and the CT District, where the Board, after review, determines that an application for such a use satisfies the following requirements:

1.

proof of the application for the facility's licensing by the Department of Social Services is provided; and

2.

the proposed facility satisfies the definition of a day care center; and

3.

all signage is in conformity with that allowed for home occupations; and

4.

outdoor play is allowed only between the hours of 8 a.m. and 6 p.m.; and

5.

if a play area is within fifty feet (50′) of a residential structure, it is appropriately buffered; and

6.

there exist at least two (2) parking spaces per employee; and

7.

plans for ingress/egress, loading/unloading and the location of the parking and play areas are approved for safety by the appropriate city department(s); and

8.

the facility is compatible with the surrounding neighborhood based upon consideration of the number of persons cared for, potential traffic and noise impacts, location of the play, parking, loading and circulation areas and relation to other noise or traffic generating institutions (particularly if another non-residential facility is facing or abutting the same block face or is within three hundred feet (300′) of the proposed site); and

9.

the proposed outdoor lighting of the facility does not unduly impact neighboring properties.

f.

Mini-warehouse/self-storage facilities shall be prohibited within the UC, MU-2, and MU-2/WH districts and shall be permitted within the GB district only as an exception where the Board, after review, finds that the proposed mini-warehouse/self-storage facility satisfies the following requirements:

1.

The lot on which the mini-warehouse/self-storage facility is located is not within 200 feet of any MU-1, MU-1/WH, MU-2, MU-2 WH;

2.

The lot on which the mini-warehouse/self-storage facility is located is not within 200 feet of any RR-1, SR-1, SR-2, SR-3, SR-4, SR-5, SR-6, SR-7, SR-8, STR, DR-1, DR-1F, DR-2, DR-2F, DR-3, DR-4, DR-6, DR-9, DR-12 or RO zoning district;

3.

All loading bays are located on building sides that do not face a street;

4.

First floor frontage of buildings within 50 feet of a street shall be designed to accommodate retail and office spaces to a depth of no less than 30 feet, have a minimum floor to ceiling height of 12 feet and not be occupied as mini-warehouse/self-storage space;

5.

The site provides a twenty-five foot Type C buffer, as specified in Section 54-348, along all streets adjacent to the site, or satisfies the buffer requirements of Article 3, Part 8, whichever requirement is greater; except that for properties within the jurisdiction of the Board of Architectural Review (BAR) or the Design Review Board (DRB), the BAR or DRB may reduce or eliminate this buffer requirement if they deem the reduction or elimination to be appropriate;

6.

All buildings maintain a minimum setback from street rights-of-way of fifty feet (50') or satisfy setback requirements of Section 54-311, whichever is greater; except that for properties within the jurisdiction of the Board of Architectural Review (BAR) or the Design Review Board (DRB), the BAR or DRB may reduce or eliminate this setback requirement if they deem the reduction or elimination to be appropriate; and

7.

The site satisfies all other applicable regulations of this chapter.

Outdoor boat and boat trailer storage shall be permitted in connection with mini-warehouse/self-storage facilities if the above conditions are met.

g.

Drive-thru or automated teller facilities for depository institutions, banks, savings and loans, credit unions or similar depository institutions shall be permitted within the GO district only as an exception where the Board, after review, finds that the proposed teller facility satisfies the following requirements:

1.

adequate off-street parking and traffic circulation is provided.

2.

the vehicular access will not create a traffic hazard.

h.

Reserved.

i.

Reserved.

j.

Reserved.

k.

Reserved.

l.

Homes for the elderly which care for no more than twenty (20) persons shall be permitted within the DR-1, DR-1F, DR-2, DR-2F, DR-3, CT, LB, GB, UC or UP zones as an exception where the Board, after review, finds that the proposed facility will be compatible with the character of the neighborhood, its population density, traffic patterns and parking facilities and not adversely impact the immediate neighborhood. The Board may, after review, permit larger facilities when it finds that the public interest will be served thereby.

m.

Logging camps and forestry activities shall be permitted as an exception within the Conservation Zone where the Board determines that such uses are in accordance with the City's comprehensive land use plan.

n.

Museums shall be permitted within the SR-3, SR-4, SR-5, SR-6, STR, and all diverse residential, DR districts where the Board, after review, finds the following:

1.

That such museum is organized, that is, is a duly constituted body with expressed responsibilities.

2.

That such museum is permanent, that is, expected to continue in perpetuity.

3.

That such museum is a non-profit institution, that is, has documentary evidence of its tax-exempt status under the regulations of the U.S. Internal Revenue Service.

4.

That such museum is essentially educational or aesthetic, that is, manifests its expressed responsibilities by knowledgeable utilization of its objects and exhibits them for elucidation and enjoyment.

5.

That such a museum maintains a professional staff, that is, has at least one paid employee who commands an appropriate body of special knowledge and the ability to reach museological decisions consonant with the experience of his or her peers, and who has access to and acquaintance with the literature of the field. The continuity of employment of at least one professional staff member, who must work sufficient hours to meet adequately the current demand of the institution for administration, record keeping and care of collections is essential.

6.

That the tangible objects, animate and inanimate, forming the museum's collections must have intrinsic value to science, history, art or culture.

7.

That such museum maintain regular and predictable hours which constitute substantially more than token opening, so that access is reasonably convenient to the public.

8.

That such museum operate during normal business hours and does not inherently exhibit noise, light or traffic conditions clearly debilitating to neighboring residents.

o.

Sewage disposal facilities shall be permitted as an exception within the Conservation Zone where the Board, after review, determines that such uses are in accordance with the City's comprehensive land use plan.

p.

Stables shall be permitted within the GB and UC district as an exception where the Board, after review, finds that:

1.

The stable is not located within 100 feet of any residential zone district.

2.

The City of Charleston Tourism Commission has issued a Certificate of Appropriateness for the stable.

3.

The stable complies with all city, county, and state regulations for stables.

4.

A site plan is provided showing that the cleaning/loading/tacking area shall not impede traffic flow in the public right-of-way.

5.

A written explanation is submitted detailing how refuse will be handled in accordance with city, county, state, and federal regulations. This shall be reviewed by the Department of Public Service.

6.

A plan is submitted showing how drainage on the property is to be collected in accordance with city, county, state, and federal regulations. This shall be reviewed by the Commissioners of Public Works and the Department of Public Service.

7.

Buildings are designed utilizing appropriate ventilation to prevent objectionable odors from being emitted.

q.

Electric substation or gas regulator station. Such station shall be permitted within the Conservation District, all residential districts, the CT district, the RO district, and the JC district only as an exception where the Board, after review, finds that such station is essential for service of the immediate area, will be enclosed within an appropriate woven wire or solid fence, will be suitably landscaped and no storage of vehicles or equipment will occur.

r.

Storage yards, junk yards, scrap yards or auto salvage yards.

1.

Outdoor storage yards, which are used for storage of materials and equipment, other than vehicles, boats or shipping containers, are permitted within the LI (Light Industrial) and HI (Heavy Industrial) districts as an exception where the Board, after review, finds that adequate provision and maintenance of visual screening by fences, planting or other means, from public streets, roads, residences and adjacent residential zone districts will be provided.

2.

Junk yards, scrap yards, or auto salvage yards are prohibited within the LI district but permitted within the HI district as an exception where the board, after review, finds that the same standards for visual screening listed in 54-206.r.1. are met.

s.

Reserved.

t.

Golf courses and membership sports and recreation clubs, private or for profit, or changes thereto, shall be permitted within the Conservation district as an exception where the Board, after review, finds that the location, lighting, hours of operation, type and size of the facility, or changes thereto, will not adversely affect any neighboring residentially zoned areas.

u.

Dwellings within the HI district shall be permitted as an exception where the Board, after review, finds that there shall not be created any unsafe living conditions given the existing uses in the area.

v.

Mining for the purpose of extracting materials from a property shall be permitted as an exception in all districts if the total size of the area to be mined does not exceed two (2) acres. For larger operations, Dirt Mining/Resource Extraction shall be permitted as an exception only in the Light Industrial (LI) and Heavy Industrial (HI) zone districts.

1.

Mining operations not exceeding two (2) acres in total mining area and meeting all of the following conditions shall be permitted in any zone district as an exception where the Board, after review of documentation submitted by the applicant, finds that:

a.

The total mining area, work zone and construction access road is shown on a scaled site plan of the property, and is intended as preparation for residential use, recreational use or agricultural use.

b.

The mining use will not last more than one (1) year from the date of approval.

c.

The mining work zone, as shown on the scaled site plan, will be located at least fifty (50) feet from any property boundary and at least one hundred (100) feet from any dwelling.

d.

A mining operation has not occurred on the subject property within three (3) years prior to the date of the application.

e.

Variances and/or special exceptions from Article 3, Part 6: Tree Protection Requirements, if required, have been approved.

f.

Existing vegetation will be maintained and adequately protected as a natural buffer between adjacent dwellings, existing water bodies or wetlands and the mining work zone.

g.

The applicant agrees in writing to restrict the hours of operation for mining operations to between 8:00 a.m. and 7:00 p.m., Monday through Saturday.

h.

The applicant will not use any office facilities at the mining location except in the LI and HI zone districts.

i.

A stabilized access road for mining vehicles will be constructed and maintained to the specifications of the City Engineer and to a minimum depth of 50 feet from the public right-of-way.

2.

Mining operations exceeding two (2) acres in area shall be allowed in the Light Industrial (LI) and Heavy Industrial (HI) zone districts as an exception where the Board, after review, finds that:

a.

The applicant agrees in writing to restrict the hours of operation for mining operations to between 7 a.m. and 7 p.m., Monday through Saturday.

b.

Variances and/or special exceptions from Article 3, Part 6: Tree Protection Requirements, if required, have been approved.

c.

The size, shape and location of the area to be mined are such that it will allow for the conversion of the mining area into an amenity for the eventual use of the property. Evidence for this finding shall require the submittal of a plat of the property which 1) complies with the preliminary plat requirements of Section 54-810; 2) indicates the limits of clearing and excavation for the mining operation; 3) indicates the intended post-mining use of the mining area and other areas of the tract in conjunction with the Zoning Ordinance; and 4) indicates the depth of the mined area and the final slopes of the sides.

d.

Vehicle access from a public road for the mining operations is shown on a plat of the tract where the mining will occur, will be located in a manner that minimizes or removes any adverse impacts on adjoining parcels, and will not be through any residential areas. The applicant shall:

i.

Submit a copy of the approved SCDOT or City encroachment permit for the proposed access road;

ii.

Construct and maintain a paved roadway from the access point on a public right of way prior to commencing mining operations. The paving shall extend a minimum of fifty (50) feet into the property from the right-of-way. When the vehicle access to the mining area is less than two-hundred and fifty (250) feet from a residential area, the Board may increase the distance the road must be paved or may require a maintenance plan for an unpaved road to eliminate dust and noise issues.

e.

The mining work zone will have adequate separation from adjoining properties and all wetland areas or areas below the critical line. The minimum separation from adjoining non-residential property, which is not part of the proposed development the amenity is intended to serve, shall be one-hundred (100) feet. The minimum separation from an existing water body, wetland, area below the critical line, or adjoining property with a residential zoning or residential use, shall be two hundred fifty (250) feet. The Board may increase the required distance between the mining work zone and an existing water body, wetland, area below the critical line, or adjoining property to mitigate potential adverse impacts due to an insufficient existing vegetative buffer, an environmentally sensitive area, or an existing residential use.

f.

Where vegetation exists along a property boundary, natural water body or wetland, the operator shall maintain sufficient existing vegetation to provide a buffer between the mining operation and property boundary, natural water body or wetland.

w.

Membership sports and recreation clubs and civic, social and fraternal clubs shall be permitted within the SR-3, SR-4, SR-5, SR-6, STR, DR-6, DR-9, DR-12, DR-1F, DR-1, DR-2F, DR-2 and DR-3 districts where the Board, after review, finds the following:

1.

Required off-street parking spaces, separated from property lines by an appropriate buffer strip, will be provided.

2.

The location of the facility will not significantly increase pedestrian traffic or automobile traffic and parking on minor and local streets within existing residential neighborhoods.

3.

That such organization is a non-profit organization and has documentary evidence of its tax-exempt status under the regulations of the U.S. Internal Revenue Service.

x.

Sidewalk cafés for licensed businesses not meeting the requirements of Section 54-213 subsection k. paragraph 2. and/or subsection k. paragraph 3. shall be permitted within residential areas as an exception where the Board, after review, finds the following:

1.

A completed application for a sidewalk café permit has been submitted for review by the Zoning Administrator;

2.

The applicant meets the requirements of section 54-213 with the sole exception of subsection k. paragraph 2. and/or subsection k. paragraph 3.

3.

The sidewalk café can be operated in the proposed location without compromising public safety or the use of sidewalks for pedestrian travel and access.

4.

The sidewalk café hours of operation will be restricted and be compatible with the surrounding area.

5.

The business applying for the sidewalk café permit is not licensed to permit on premises consumption of alcoholic beverages and will not permit the consumption of alcoholic beverages in the sidewalk café.

6.

The applicant has submitted a petition signed by twenty-five (25) or more residents of the neighborhood in which the sidewalk café is to be located and, if the location is within a neighborhood with a neighborhood association recognized by the City of Charleston, the applicant must provide proof of having presented the proposal for said sidewalk café to that neighborhood association.

y.

Establishments located in a structure, except a structure that provides accommodations uses, as that term is defined in Sec. 54-120 of this Chapter, approved as a special exception pursuant to Sec. 54-220 of this Chapter and containing twenty or more rooms, that is within five hundred feet of a residential zoning district and which allows for the on-premise consumption of alcohol, beer or wine after midnight, shall be permitted in the Mixed Use 2, Mixed Use 2 Workforce Housing, Business Park and Heavy Industrial zoning districts, and the General Business and Light Industrial zoning districts that are not subject to the General Business Late Night Overlay or Light Industrial Overlay zones where the Board, after review, finds:

1.

Garbage, recycling, maintenance equipment and supplies are stored in a manner so as not to be visible from adjoining properties, public right-of-way or other public property; and

2.

Storage areas for all garbage, recycling, maintenance equipment and supplies are designed to contain odors and prevent the wafting of odors onto adjoining properties, public rights-of-way and other public property; and

3.

The location for garbage and recycling pick-up is safe; and

4.

Measures have been incorporated into the structure to address adverse impacts of noise to properties in a residential zoning district; and

5.

The operation of the establishment will not be of substantial detriment to parking in adjoining residential zoning districts; and

6.

The establishment will not result in a heavy concentration of establishments of the same kind within a block, or if so, the applicant demonstrates to the satisfaction of the Board that, due to factors such as the geographic or physical attributes of the block or to other measures incorporated into the structure, the addition of the establishment will not harm the character of the block, the intent of this provision being to encourage vibrant night time activity while maintaining an appropriate balance and mix of uses within the blocks of the districts. In its consideration of a special exception that involves a heavy concentration of establishments, the Board may impose conditions on its approval it deems appropriate and in furtherance of the intent of this Section.

For purposes hereof, residential zoning districts are C, RR-1, SR-1, SR-2, SR-3, SR-4, SR-5, SR-6, SR-7, SR-8, STR, DR-1, DR-1F, DR-2, DR-2F, DR-6, DR-9, DR-12, DR-3 and DR-4.

For purposes hereof, the distance between the proposed establishment and the residential zoning district shall be measured from the point of the property line of the establishment nearest to the residential zoning district to the property line of the nearest property within a residential zoning district.

For purposes hereof, a block is the area on both sides of the street on which a structure fronts that is within 175 feet of the side lot lines of the property where the establishment is to be located.

For purposes hereof, heavy concentration means: (a) a block where more than 40% of the structures contain establishments that allow the on-premise consumption of alcohol, beer or wine after midnight; or (b) a block where establishments that allow the on-premise consumption of alcohol, beer or wine after midnight have, in the aggregate, an occupant load greater than 1,000 people; or (c) a block where there exists an establishment that allows the on-premise consumption of alcohol, beer or wine after midnight and which has an occupant load greater than 300 people.

Notwithstanding anything in Section 54-110 to the contrary, the provisions of this Section shall apply to any establishment that allows on-premises consumption of alcohol, beer or wine after midnight that is within five hundred feet of a residential zoning district that for which, after September 22, 2015, an application is sought for a certificate of occupancy or an initial business license, or for which approval is sought to physically expand the establishment or expand hours of operation after midnight; provided however, that nothing herein shall be construed to prohibit the issuance of a certificate of occupancy or business license for those establishments that, as of the effective date of Ordinance No. 2014-136, ratified by City Council on September 23, 2014, had on file with the Department of Planning and Preservation development plans or applications for permits for establishments intending to provide for the on-premises consumption of alcohol, beer or wine after midnight that were vested under statutory or common law.

(Ord. No. 1996-227, §§ 3—6, 11-26-96 ; Ord. No. 1997-279, § 1, 7-15-97; Ord. No. 1997-280, § 2, 7-15-97; Ord. No. 1998-147, § 3, 8-18-98; Ord. No. 1998-203, § 5, 11-24-98; Ord. No. 1999-01, § 3, 1-12-99; Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 1999-137, § 4, 9-28-99; Ord. No. 2001-31, § 1, 3-14-01; Ord. No. 2002-92, § 2, 8-13-02; Ord. No. 2003-44, § 4, 4-22-03; Ord. No. 2004-68, § 1, 7-20-04; Ord. No. 2006-489, § 2, 10-24-06; Ord. No. 2007-59, § 7, 3-6-07; Ord. No. 2008-146, § 5, 11-25-08; Ord. No. 2009-55, § 2, 4-14-09; Ord. No. 2009-207, § 2, 10-13-09; Ord. No. 2009-208, § 1, 10-13-09; 2011-121, § 1, 9-13-11; Ord. No. 2013-105, § 4, 10-8-13; Ord. No. 2015-125, § 1, 9-22-2015; Ord. No. 2015-142, § 8, 10-13-2015; Ord. No. 2016-102, § 7, 9-13-16; Ord. No. 2017-026, § 5, 2-28-17; Ord. No. 2019-021, § 1, 3-26-19; Ord. No. 2025-086, § 1, 6-17-25)

The following uses shall be approved by the Zoning Administrator as conditional uses within the zoning districts specified upon a finding by the Zoning Administrator that the proposed use satisfies the applicable requirements listed below for that use.

a.

Amusement parks (outdoor) or other similar outdoor entertainment except shooting ranges, such as carnivals, circuses or motor vehicle races are allowed within the GB, UC, LI or HI districts only when the property, or part thereof, upon which such activity is to occur is not within one thousand feet (1,000′) of a residential district. If the property, or part thereof, upon which such activity is to occur is within one thousand feet (1,000′) of a residential district, approval for such activity shall require approval of the Board, after review, as an exception unless the same is sponsored by a church or school and is to be held on church or school property. For purposes hereof, a carnival is deemed to be any traveling enterprise offering amusements which include rides, games or concessions and such activities related thereto.

The Board of Zoning Appeals shall only permit such outdoor amusement park or other similar outdoor entertainment as a special exception when it finds that the potential impacts of such activity on the surrounding residential neighborhood from noise, traffic and lighting are not unduly disruptive. The Board shall consider, among other things, the size of the amusement park, including the number of employees, the number and type of rides and/or exhibition booths, the number of vehicles to be utilized for the amusement and its employees and the duration of the event.

b.

BP district and JC district conditions.

1.

Conditional uses within the BP and JC districts shall not generate high volumes of traffic, have external environmental effects across property lines or have outdoor storage, unless said storage is part of the permitted principal use of the property and is screened from adjoining rights-of-way and properties by a minimum six-foot tall solid fence or wall in addition to a landscape buffer, if required under Article 3, Part 8: Landscape Buffer Requirements.

2.

The hours of operation in the JC district for uses that are open to the public are limited to 7:00 a.m .to 9:00 p.m.

c.

Communication towers shall be approved within the GB, GP, UC, BP, LI and UP districts subject to a finding that a tower satisfies the staff approval criteria listed below. Towers not meeting the staff approval criteria may be approved by the Board of Zoning Appeals—Zoning as an exception subject to a finding that the tower satisfies the special exception criteria listed below. Towers which are no longer used for communication purposes must be dismantled and removed within 120 days of the date the tower is taken out of service.

1.

Staff approval criteria. The Zoning Administration may approve construction of a communication tower upon a finding that each of the following criteria is met:

(a)

The height of the proposed tower must not exceed 160 feet, or the height limits in the Old City Height District, if applicable; and

(b)

The tower must be located no closer to residential or conservation zoned property than a distance equal to the height of the proposed tower, except that flush mount monopole towers and stealth monopole towers may be located as close to a residential or conservation zoned property as a distance equal to one-half the height of the proposed tower. For the purposes of this section, a flush mount monopole shall be a monopole communication tower on which the antennas are flush mounted against the monopole with no visible wires, and a stealth monopole shall be a monopole communication tower with no visible antennas, wires or transmitters; and

(c)

The proposed tower must be located no closer than 2,500 feet to another communication tower unless the applicant certifies that the existing tower does not meet the applicant's structural specifications and the applicant's technical design requirements, or that a co-location agreement could not be obtained at a reasonable market rate.

(d)

The proposed tower must be located such that adequate setbacks are provided on all sides to prevent the tower's fall zone from encroaching onto adjoining properties and street rights-of-way (the fall zone shall be determined by an engineer certified in the State of South Carolina in a letter which includes the engineers signature and seal); and

(e)

The proposed tower must not be visible from property listed in the National Register of Historic Places, or from a road or river which has been officially designated as a scenic road or river. The line of site to determine whether a proposed tower will be visible from a certain location, will be from approximately six feet above grade, or the river level at high tide, at that location; and

(f)

The proposed tower and associated improvements meet applicable zoning district and speed limit setback requirements, and applicable landscaping and tree protection requirements; and

(g)

The applicant has attempted to co-locate on existing communication towers, buildings, or other structures and the applicant is willing to allow other users to co-locate on the proposed tower in the future subject to engineering capabilities of the structure, frequency considerations, and proper compensation from the additional user; and

(h)

The proposed tower is only illuminated as required by the Federal Communications Commission, Federal Aviation Administration or other regulatory agencies. Night time strobe lighting shall not be incorporated unless required by the Federal Communications Commission, Federal Aviation Administration or other regulatory agency; and

(i)

The color of the proposed tower is appropriate to blend in with its surroundings; and

(j)

The proposed tower and associated structures are appropriately secured by means of walls, fences or other devices and appropriately screened using existing or new evergreen shrubs and trees that will reach a minimum height of six (6) feet; and

(k)

The proposed tower does not include signage of any nature on any portion of the tower.

2.

Board of Zoning Appeals—Zoning approval criteria. The Board of Zoning Appeals—Zoning may approve construction of a communication tower as an exception upon a finding that each of the following criteria are met:

(a)

The height of the proposed tower must not exceed 200 feet, or the height limits in the Old City Height District, if applicable; and

(b)

In addition to satisfying staff approval criteria listed above as (c), (d), (f), (g), (h), (i), (j), and (k), the Board must find that the design, location and height of the proposed tower will not substantially impact (1) the aesthetic and residential character of adjoining areas zoned residential or conservation and intended to remain as such under adopted land use plans; and (2) the character of property listed in the National Register of Historic Places, or roads and rivers which have been officially designated as scenic roads or rivers.

3.

Applications for staff or Board approval shall include the following information:

(a)

A scaled site plan showing the location of the tower(s), guy anchors (if any), buildings and other structures or improvements, parking, driveways, fences, and protected and grand trees affected by the proposed improvements. Adjacent land uses shall also be noted on the site plan.

(b)

The height and typical design of the tower, typical materials to be used, color, and lighting shall be shown on elevation drawings.

(c)

Documentation indicating that collocation on existing towers or buildings in the vicinity of the proposed tower was attempted by the applicant but found to be unfeasible, with reasons noted.

(d)

Other information as requested by staff or the Board to allow adequate review of approval criteria, including photographs with the tower superimposed to assess visual impact."

d.

Community parking lots may be permitted within all residential districts provided the parking lot is paved with bituminous asphaltic or Portland cement binder making possible a permanent, desirable, dustless surface which is graded and drained to dispose of surface water. In addition, each such parking lot shall be enclosed with an ornamental fence, masonry wall or evergreen screen maintained at a height of not less than five and one-half (5½) feet, except within fifteen (15) feet of the intersection of street lines, where the height shall not exceed three (3) feet. Such fence, wall, or screen shall be maintained in good condition and shall comply with front and side yard requirements along the streets side of a corner lot.

e.

CT district conditions.

1.

All commercial activities must be operated within enclosed buildings except produce markets shall be permitted to operate outdoors as open air markets or roadside stands;

2.

All drive-thru facilities are prohibited within CT;

3.

Within CT, the uses listed below, subject to the conditions specified herein, are permitted. Structures existing on December 3, 1984, shall be exempt from the square footage requirements herein set forth for conditional uses.

(a)

food stores are only allowed to operate between the hours of 7 a.m. and 8 p.m. and the total size of the establishment cannot exceed five thousand (5,000) square feet.

(b)

laundries and dry cleaning establishments are only allowed to operate between the hours of 7 a.m. and 8 p.m.

(c)

office uses are restricted to no more than five thousand (5,000) square feet.

(d)

restaurants are allowed provided the following conditions are met:

(1)

the total size of such establishment does not exceed three thousand (3,000) square feet;

(2)

service and consumption of food take place inside the principal structure or on an outdoor patio limited in area to no more than one thousand (1,000) square feet and located no closer than one hundred fifty (150) feet from any residential structure in a residential zone district;

(3)

the sale of alcoholic beverages is an incidental use only; and

(4)

the location and method of trash and refuse collection is designed so as not to impinge on neighboring residential dwellings.

(5)

hours of operation are restricted to between 7 a.m. and 11 p.m. indoors, and between 7 a.m. and 9 p.m. outdoors;

(6)

have no amplified music, whether live or recorded, speakers, microphones, televisions or other audio or video devices outside the principal structure.

(e)

retail establishments are only allowed to operate between the hours of 7 a.m. and 8 p.m. and the total size of the establishment cannot exceed five thousand (5,000) square feet.

f.

Day care centers, and overnight day care facilities in conjunction with day care centers, shall be permitted within the GO, LB, GB, UC, BP, LI, HI and UP districts if the proposed center or facility satisfies the following conditions:

(1)

the proposed facility must meet the definition for a day care center, and overnight day care facility if applicable;

(2)

proof of application for the facility's registration with the Department of Social Services is submitted;

(3)

any play area, if located within fifty feet (50′) of a residential structure or zone, is appropriately buffered;

(4)

there exists at least one (1) parking space per employee, including the operator, working at the facility at one time, plus one (1) space for every ten (10) day care users, or fraction thereof;

(5)

plans for ingress/egress, loading/unloading and the location of the parking and play areas are approved for safety by the appropriate city department(s);

(6)

if the facility is located adjacent to a residence(s), outdoor lighting is oriented away from that structure(s).

g.

Gas storage shall be permitted within the LI district if the total storage area does not exceed 10,000 cubic feet.

h.

Farms producing crops, timber farms, and horticultural specialties (nurseries) shall be allowed within the RR-1 district; however, farms and horticultural specialties shall not be allowed within any other residential district.

i.

Manufacturing

1.

Within the BP and JC districts, light manufacturing shall be permitted if the proposed facility meets standards in 54-207, b., and does not exceed 7,000 square feet of light manufacturing space per establishment and is only engaged in the manufacture, processing or preparation of finished products from previously prepared materials. This category includes the processing, preparation, fabrication, assembly, treatment, packaging and storage of such products and incidental sales and distribution.

2.

Within the LI, JC and UP districts, the following types of food and kindred products, textile mill products, lumber and wood products manufacturing or processing or other types of manufacturing or processing are prohibited:

a)

Cottonseed products manufacture, crabmeat or seafood processing involving cooking, tallow, grease, or lard manufacture, dye-stuff or oil cloth manufacture, tanning, curing or sorting of raw hides or skins, paper or pulp manufacture, creosote manufacture or processing or other types of manufacturing or processing which are noxious or offensive by reason of the omission of odor, dust, smoke, gas, vibration, or noise.

3.

Within the LI and UP districts, Principal Use categories 26, 30, 31, 32, 34, 35, 36, 37, 39, and 7692, shall be permitted if the Zoning Administration finds that the use meets the following Performance Standards:

a)

A total ambient noise level of no more than 67 decibels (dBA) is created at all external lot lines adjacent to residential zoning districts or 72 decibels at all external lot lines adjacent to non-residential zoning districts, measured at least 1,000 feet from adjacent roadways and rail lines if possible;

b)

A total vibration level of no more than 65 velocity decibels (VdB) is created at any internal lot line;

c)

Glare will be less than 50 foot lamberts or one-half of a foot candle on land within residential zoning districts when measured at the lot line; and

d)

All existing South Carolina State air pollution control regulations are met to insure no significant adverse air quality or odor impacts.

Demonstration that the proposed use meets the above standards must be submitted by the property owner to the Zoning Administration for review. The Zoning Administration may require the property owner to conductperiodic monitoring to ensure the standards are continuously met or may undertake such on its own. Equipment used for measurement must meet the standards of the American National Standards Institute. All costs associated with such measurements shall be the responsibility of the property owner.

j.

RO district conditions. Offices, professional, executive, governmental, and administrative shall be permitted within the RO district if the proposed use satisfies the following conditions:

1.

Business hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.;

2.

Sales of goods shall be permitted if the goods being sold are related to the approved office use and stored and displayed entirely within the office building;

3.

Site and building requirements:

(a)

slope and pitch of roof, existing on date property is zoned RO, shall be retained in any reconstruction or addition or, in the case of new construction, shall be similar to nearby structures;

(b)

the street facade, including doors and windows existing on date property is zoned RO shall be retained, with no window displays or exterior display of merchandise; and

(c)

the street facade of any addition, which includes doors and windows, shall utilize doors and windows of a size and type similar to those on the existing street facade.

4.

Adequate off-street parking shall be provided in accordance with Article 3: Part 4, except that:

(a)

no parking shall be allowed in the required front yard setback; and

(b)

lighting of parking area shall be directed into the site and away from adjoining residential property.

k.

Warehousing and storage within buildings, including convenience storage facilities such as mini-warehouses, shall be permitted within the BP district if the proposed facility does not exceed 7,000 square feet of storage space per individual business establishment. Outdoor boat and boat trailer storage shall be permitted in connection with warehousing and storage facilities.

l.

Auto supply stores shall be permitted within the LB district if the hours of operation are restricted as prescribed in Section 54-204, b., and the store does not include any auto repair or installation facilities.

m.

Reserved.

n.

Casinos, as herein defined, shall only be permitted in the LI and HI zone districts if the lot on which they are located is not within 1,000 feet of any residential zone district, church, school or the highwater mark of a navigable stream. Provided however, casinos for which a City business license has been issued as of March 26, 2012, that do not comply with the provisions of this subsection shall be deemed nonconforming uses.

o.

Shipping container storage uses shall only be permitted within the LI and HI zoning districts as a conditional use where the staff determines, upon review of a site plan submitted by the applicant showing the location of the proposed shipping container storage area, stacking limitations, and required buffer improvements (if applicable), that the proposed use satisfies the following restrictions:

1.

Within the LI zone district, no stacking of shipping containers shall be permitted. Within the HI zone district, no stacking of shipping containers shall be permitted within 300 feet of any residential zoning district. A survey may be required to verify that an area or parcel to be used to stack shipping containers is more than 300 feet from a residential zoning district.

2.

Where stacking of shipping containers is permitted, the height of the stack shall not be permitted to exceed three (3) containers.

3.

Shipping container storage areas shall be buffered from all streets and residences by a minimum 25-foot wide Type "D" buffer or the buffer required for the adjacent street if that buffer requirement is greater than 25 feet, and all non-industrial zoning districts by the minimum buffer required under Table 3.5, Section 54-347.

4.

Exemptions. Water-dependent maritime shipping and cargo handling facilities or terminals where shipping containers are stored temporarily awaiting further shipment or relocation to storage facilities shall be exempt from these requirements.

5.

Amortization of nonconforming uses. Existing shipping container storage uses that do not conform to the stacking restrictions listed above in subsections 1 and 2 and are not exempt in accordance with subsection 4, shall be amortized and made to conform to the above stacking restrictions or discontinued twelve (12) months after the effective date of this Ordinance No. 2003-44.

p.

Affordable Housing shall be permitted on existing lots of record platted prior to August 21, 2018 within the DR-1, DR-1F, DR-2, DR-2F, CT, LB, GB, LI, MU-1, MU-1/WH, MU-2 and MU-2/WH districts if the proposal satisfies the following conditions, except that there are no density limits in the MU-1, MU-1/WH, MU-2 and MU-2/WH districts:

(a)

The applicant has filed floor plans for all units proposed to be used for Affordable Housing.

(b)

The size of the lot being developed for Affordable Housing shall meet the following minimum lot sizes based on the total number of bedrooms proposed, as indicated on floor plans submitted with the application. For the purposes hereof, a bedroom shall be any room other than a kitchen, living room, dining room, bathroom or hall.

(c)

The total number of bedrooms on the lot shall not exceed twenty-two (22).

(d)

For lots in DR-1, DR-2, LB-residential, LI-residential, and GB-residential zoning districts, lot occupancy of buildings shall not exceed fifty (50) percent or the lot occupancy in existence on September 26, 2006, whichever is greater. For lots in DR-1F and DR-2F zoning districts, lot occupancy of buildings shall not exceed sixty-five (65) percent or the lot occupancy in existence on September 26, 2006, whichever is greater. Ramps required for compliance with handicapped accessibility regulations shall be exempt from being counted in lot occupancy calculations or setback requirements.

(e)

Off-street parking shall be provided at a rate of one (1) parking space for each four (4) dwelling units. Lots containing less than four (4) dwelling units shall not be required to provide off-street parking.

(f)

As to rental units, these units shall be rented to households earning no more than eighty (80) percent of the area median income, and the rents charged by the owner shall be in accordance with the Fair Market Rents published annually by the U.S. Department of Housing and Urban Development or such entity that may be subsequently designated. In the absence of such information, the rents charged by the owner shall not exceed 30 precent of the household annual income. The owner shall be required to submit to the City of Charleston Department of Housing and Community Development, or its successor, the rental rate to be charged and verified income reports of household income of all rental occupants at the inception of each tenancy and on no less than a yearly basis thereafter, as determined by the City of Charleston Department of Housing and Community Development, or its successor. These units shall be subject to these restrictions for no fewer than twenty (20) years from the initial occupancy as affordable housing. The owner shall execute a Memorandum of Use with the city as a party acknowledging the use of the property for Affordable Housing in accordance with the provisions of this Section, which Memorandum shall be in a form acceptable for recording in the record office of the applicable county and which shall be recorded in the record office of the applicable county. If a proposal meets the requirements of this section and the owner is willing to enter into the terms of a Memorandum of Use contained in this paragraph, the Mayor shall be authorized so sign the Memorandum of Use on behalf of the City.

(g)

As to owner occupied units, these units shall be sold to households earning no more than one hundred twenty (120) percent of the area median income. Each owner, prior to initial occupancy, shall be required to submit to the City of Charleston Department of Housing and Community Development, or its successor, a verified income report of household income of all members of the household. These units shall be subject to resale restrictions for no fewer than ten (10) years from date of initial sale of the property. Such restrictions will be recorded as deed restrictions.

q.

Veterinary services shall only be permitted within the GP, GB, UC, MU-2, MU-2/WH, BP, JC, CT, LB, MU-1, MU-1/WH, and UP districts as a conditional use if the use satisfies, as evidenced by a site plan, floor plans and written description of the proposed facility, the following conditions:

1.

Boarding of animals shall be completely indoors;

2.

Buildings in which animals are kept or exercised shall be designed and constructed utilizing appropriate soundproofing and ventilation so that noise and odor shall not be perceptible beyond the premises;

3.

No cremation of animals shall occur on the property. All dead animals and refuse shall be disposed of in accordance with City and other governmental agency regulations.

r.

Automotive repair shops, shall be permitted within the GB, UC, MU-2, MU-2/WH, JC, BP and UP zone districts as a conditional use where the applicant has provided sufficient documentation to demonstrate compliance with the following conditions:

1.

Buildings will not be within one hundred (100) feet of any existing school, church, hospital, or public library.

2.

Buildings will not be within fifty (50) feet of any residential zone district.

3.

Exposed repair facilities will not be on the front portion of the lot.

s.

Indoor shooting ranges shall only be permitted in the LI and HI zone districts as a conditional use if the lot on which the range is located is not within (1,000) feet of any school, public or private park, church, or residentially zoned area. Such distance shall be measured from the nearest point of the parcel of land so used to the nearest property line of the other use or zoning line in the case of a residentially zoned area. Nothing contained herein shall be construed to apply to (1) marksmanship centers in existence at the time of the passage of Section 21-213 that are used for practice and training by the South Carolina National Guard and other military organizations and military institutions; and (2) special events, including annual turkey shoots, which have received a special events permit issued by the Special Events Committee of the City of Charleston pursuant to Section 2-189 of the Code of the City of Charleston, and the written approval of the mayor or chief of police.

t.

Multiple one-family detached dwellings on one lot, up to a maximum of four (4) one-family detached dwellings, shall be permitted within the Conservation (C) and Rural Residential (RR-1) zoning districts if the lot, and plans submitted for approval, satisfy the conditions listed below. These conditions shall not apply to the addition of a second dwelling unit in an accessory building on a lot zoned Conservation, which may be permitted pursuant to Section 54-301. Applications for approval pursuant to the requirements of this section shall be reviewed by the zoning administrator and all City departments responsible for administering building and fire codes, and may include a determination that additional fire hydrants or improved fire flows are necessary for constructing additional dwellings.

1.

The lot fronts on a public street and meets the minimum required distance of lot frontage in Section 54-824, and can provide vehicular access to the street through that lot frontage;

2.

The lot contains a minimum of three (3) acres of high ground if zoned RR-1, or a minimum of six (6) acres of high ground if zoned Conservation;

3.

Use of the lot conforms to the land use regulations of this Chapter;

4.

A plat, prepared by a licensed surveyor, is submitted showing the entire lot in question, the total acreage of high ground, the locations of any existing buildings and one-family detached dwellings, the approximate locations of all future one-family detached dwellings to be permitted under this conditional use, the location of the private drive to provide vehicular access to each existing and future one-family detached dwelling how this private drive shall also satisfy the fire apparatus access road requirements of the applicable fire and building codes, and how the property could be subdivided pursuant to the requirements of this Chapter to provide each existing and future one-family detached dwelling with a lot meeting the requirements of the applicable zoning district with a street meeting the minimum requirements of this Chapter;

5.

Notes concerning the perpetual maintenance of the private drive and the location of garbage collection and recycling, which shall be on the public street, are placed on the plat;

6.

Plans and specifications for improving the required private drive to meet the minimum standards for a fire apparatus access road are submitted if determined by the fire marshal to be necessary.

7.

Must provide documented evidence of approvals from necessary permitting agencies for public water and sewer service or individual water supply and sewage disposal system for each house.

u.

Short-term lender, as herein defined, shall only be permitted in GB, LI, HI and UP zoning districts as a conditional use when the proposed use satisfies all the following conditions:

1.

The proposed use is at least 3,000 feet, measured from lot line to lot line, from another short-term lender.

2.

The proposed use is at least 3,000 feet, measured from the lot line, to any city boundary line.

3.

The proposed use is at least 300 feet, measured lot line to lot line, from any church, school or residentially zoned district.

4.

The proposed use is housed within a nonresidential building having at least 30,000 square feet.

v.

Gasoline stations shall only be permitted in the LB, GB, UC, BP, LI and HI zone districts as a conditional use where the applicant has provided documentation to demonstrate compliance with the following conditions:

1.

Pumps and other equipment, including vents, safety valves, and storage tanks, shall not be located within one hundred (100) feet of any existing day care building or playground, school building or playground, church building or playground, hospital, public library or dwelling; and

2.

Pumps and other equipment, including vents, safety valves, and storage tanks, shall not be located within fifty (50) feet of any residential zoning district; and

3.

Stations located within the LB zone district shall restrict their hours of operation to between 7 a.m. and 11 p.m.

w.

Commercial Vehicles.

1.

Parking or storage of commercial vehicles shall only be permitted in the C, RO, LB, and GB districts as a conditional use upon the following conditions:

(a)

On residential property, the commercial vehicle is used by the resident of the subject property or permission of the property owner/lessor/lessee is evidenced by written authorization placed in the windshield of the commercial vehicle displaying the names and telephone numbers of the property owner/lessor/lessee and the commercial vehicle operator, and the dates of the authorization which shall not exceed 48 consecutive hours;

(b)

On commercial property, the commercial vehicle is being used in connection with the business purpose of the property or permission of the property owner/lessor/lessee is evidenced by written authorization placed in the windshield of the commercial vehicle displaying the names and telephone numbers of the property owner/lessor/lessee and the commercial vehicle operator, and the dates of the authorization which shall not exceed 48 consecutive hours; or

(c)

Such parking or storage is deemed necessary for public safety, or otherwise authorized by, the City of Charleston.

2.

No sleeping in a commercial vehicle overnight shall be allowed in the C, RO, LB, and GB districts.

3.

The vehicle operator and/or the property owner/lessor/lessee where the commercial vehicle is stored or parked shall be subject to penalties for violations of this section.

4.

Concurrently with the zoning administrator's enforcement remedies under this chapter, the livability division shall be authorized to enforce this section and seek remedies under section 1-16 of the City of Charleston Code.

x.

Water storage tanks shall be permitted in the C, RO and all residential districts provided that the water storage tank shall either be setback a minimum of fifteen (15) feet from all property lines or shall meet the setbacks of the of the applicable zoning district for the subject property, whichever is greater.

y.

Parking for church uses within the Conservation and all residential zones shall be permitted as a conditional use if parking areas satisfy landscaping and landscape buffer requirements of this Chapter and receive approval from the Technical Review Committee pursuant to Article 6.

z.

Affordable housing conditional use subdivision and lot dimensional standards for one-family detached dwellings and one-family attached dwellings.

1.

Intent: To promote ownership or occupancy of quality affordable housing, property within the SR-1, SR-2, SR-6, zoning district may be approved for subdivision and development for one-family detached dwellings, in accordance with the following conditional use standards in this section. Property within the STR, DR-1, DR-1F, DR-2, or DR-2F zoning districts may be approved for subdivision and development of one-family detached dwellings and one-family attached dwellings, in accordance with the following conditional use standards in this section. The use of the subject parcel shall be restricted to one-family detached dwellings or one-family attached dwellings, according to the zoning of the property, for the provision of affordable housing as certified by the City of Charleston Department of Housing and Community Development, or its successor.

2.

Affordable housing conditional use requirements:

(a)

The entity developing the subject parcel in accordance with the standards in this Section 54-207, z., shall restrict the use of each lot to a single, one-family detached dwelling or a single, one-family attached dwelling lot for the provision of affordable housing as certified by the City of Charleston Department of Housing and Community Development, or its successor.

(b)

Ownership: As to owner occupied units, these units shall be sold to households earning no more than one hundred twenty (120) percent of the area median income. Each owner, prior to initial occupancy, shall be required to submit to the City of Charleston Department of Housing and Community Development, or its successor, a verified income report of household income of all members of the household. These units shall be subject to resale restrictions for no fewer than ninety (90) years from date of initial sale of the property. Such restrictions will be recorded as deed restrictions.

(c)

Rental: As to rental units, these units shall be rented to households earning no more than eighty (80) percent of the area median income, and the rents charged by the owner shall be in accordance with the Fair Market Rents published annually by the U.S. Department of Housing and Urban Development or such entity that may be subsequently designated. In the absence of such information, the rents charged by the owner shall not exceed 30 percent of the household annual income. The owner shall be required to submit to the City of Charleston Department of Housing and Community Development, or its successor, the rental rate to be charged and verified income reports of household income of all rental occupants at the inception of each tenancy and on no less than a yearly basis thereafter, as determined by the City of Charleston Department of Housing and Community Development, or its successor. These units shall be subject to these restrictions for no fewer than ninety (90) years from the initial occupancy as affordable housing.

(d)

The entity developing the subject parcel in accordance with this Section 54-207, z., shall execute a memorandum of use with the City as a party acknowledging the use of the property for affordable housing in accordance with the provisions of this section, which memorandum shall be in a form acceptable for recording in the record office of the applicable county and which shall be recorded in the record office of the applicable county. If a proposal meets the requirements of this section and the owner is willing to enter into the terms of a memorandum of use contained in this paragraph, the Mayor shall be authorized so sign the memorandum of use on behalf of the City.

3.

Affordable Housing Conditional Use Lot Dimensional Standards For One-family Detached Dwellings: See Section 54-301, Table 3.1 Height, Area and Setback Regulations for standards not addressed in the table below.

Footnotes:

^1. Requirement for averaging surrounding lot frontages per Section 54-824(c)(1) shall not apply.

^2. Lots in STR, DR-1, DR-1F, DR-2, or DR-2F zoning districts that front on a street may be subdivided to create one lot with no lot frontage provided that both lots meet all requirements in this subsection, both lots are used for affordable housing in accordance with the requirements of this Section 54-207, z., and a platted and recorded shared ingress/egress easement utilizing an approved driveway is furnished to the newly created lot without frontage.

^3. See lot frontage exception noted below in this Section 54-207, z.

4.

Lot frontage exception for Maryville Ashleyville: Due to the unique history of the former town of Maryville and corresponding historic platting, parcels abutting the following rights-of-way, and any extensions thereof, shall have a minimum lot frontage of 50 feet:

5th Avenue

Armstrong Avenue

Battery Avenue

Benada Street

Bender Street

Brody Avenue

Brookfield Street

Burger Street

Carnegie Avenue

Channing Street

Chickadee Avenue

Davidson Avenue

Diana Street

East Street

Fiall Street

Forbes Avenue

Gunn Avenue

High Street

Hillsboro Dr.

Hillside Dr.

Hobart Avenue

Justin Avenue

Lula Street

Magnolia Road

Main Street

Mamie Street

Mazyck Street

Minnie Street

N Hillside Drive

San Juan Avenue

Sycamore Avenue

Tripe Street

5.

Affordable housing conditional use lot dimensional standards for one-family attached dwellings: Property within the STR, DR-1, DR-1F, DR-2, or DR-2F zoning districts may be approved for subdivision and development of one-family attached dwellings, in accordance with the conditional use standards in this section and pursuant to the requirements in Article 3, Part 11 One-family Attached Dwellings, as modified herein. Modifications to the requirements in Section 54-353, are as follows:

(a)

The minimum side setback for the principal building listed in subsection d. shall be reduced to five (5) feet except when the conditions listed in Section 54-353, d. subsections 1, 2, 3 or 4 exist;

(b)

The minimum rear setback for the principal building listed in subsection e. shall be reduced to ten (10) feet except when the conditions listed in Section 54-353, e. subsections 1 or 2 exist;

(c)

The maximum percent lot occupancy of buildings listed in subsection g. shall be increased to sixty (60) percent; and

(d)

Subsection j. shall include an additional special requirement that allows lots for one-family attached dwellings to be platted without any lot frontage on a street, if the lot or lots is provided with a suitable driveway access easement, the title to which runs with or is appurtenant to such lot(s).

6.

Affordable housing conditional use court standards: Notwithstanding the standards in subsection 3. above, lots in the DR-2 or DR-2F zoning districts with a minimum lot frontage of 56 feet and minimum lot area of 6,700 square feet may be developed to create a traditional "Charleston Court", with a new street or "court" extending into the lot to provide access to lots, if all lots are restricted to one-family detached affordable housing pursuant to this Section 54-207, z. and the development satisfies the following requirements:

(a)

The new street shall be constructed to meet City of Charleston road construction standards with a minimum right-of-way width of 24 feet, minimum pavement width of 20 feet and maximum length of 150 feet.

(b)

All lots shall have lot frontage and all lots accessed exclusively from the new street shall have a minimum lot frontage of 15 feet and average lot frontage of 25 feet.

(c)

All lots shall meet the lot dimensional standards in subsection 3., except that the minimum high ground lot area for each lot shall be 1,024 square feet, there shall be no minimum front building setback for lots accessed exclusively from the new street, and the minimum side setback for all side property lines adjacent to another lot accessed exclusively from the new street shall be three (3) feet.

(d)

The dwelling on each lot with frontage on the existing street the new street connects to shall front on the existing street.

7.

Affordable housing conditional use off-street parking requirements: Each lot used for Affordable Housing in accordance with the requirements of this Section 54-207, z. shall provide two off-street parking spaces.

aa.

The conversion of an existing accommodations use to affordable housing may be permitted as a conditional use if a written proposal with a current survey of the property demonstrates compliance with each of the following conditions:

1.

All accommodations units shall be converted to dwelling units, as defined herein, for a residential use, as defined herein, and no part of the property shall hereafter be used for an accommodations use;

2.

All converted units shall comply with applicable building and fire codes;

3.

The property shall not be converted to a horizontal property regime and all dwelling units shall be rental units;

4.

Off-street parking shall be provided on the property at a rate of one (1) parking space for each dwelling unit;

5.

Ten (10) percent of the dwelling units shall be rented to households earning no more than sixty (60) percent of the area median income. The remaining dwelling units shall be rented to households earning no more than eighty (80) percent of the area median income. The rents charged by the owner shall be in accordance with the Fair Market Rents published annually by the U.S. Department of Housing and Urban Development or such entity that may be subsequently designated. In the absence of such information, the rents charged by the owner shall not exceed thirty (30) percent of the household annual income. The owner shall be required to submit to the City of Charleston Department of Housing and Community Development, or its successor, the rental rate to be charged and verified income reports of household income of all rental occupants at the inception of each tenancy and on no less than a yearly basis thereafter, as determined by the City of Charleston Department of Housing and Community Development, or its successor. These units shall be subject to these restrictions for no fewer than twenty (20) years from the initial occupancy as affordable housing. The owner shall execute a Memorandum of Use with the city as a party acknowledging the use of the property for Affordable Housing in accordance with the provisions of this Section, which Memorandum shall be in a form acceptable for recording in the record office of the applicable county and which shall be recorded in the record office of the applicable county. If a proposal meets the requirements of this section and the owner is willing to enter into the terms of a Memorandum of Use contained in this paragraph, the Mayor shall be authorized so sign the Memorandum of Use on behalf of the City; and

6.

Two neighborhood meetings are required. The purpose of the neighborhood meetings is to provide details regarding the application to property owners, neighborhood associations and residents within the area of the property that is subject of the application:

a.

The Zoning Administrator shall be notified of the date, time, and location of each meeting at least five (5) business days prior to the meeting; and

b.

The neighborhood meeting shall be conducted by the applicant or representative for the associated application and may be attended by representatives from the City to monitor the results. Each such meeting shall be conducted in accordance with meeting procedures that have been established by the Department, posted online, and otherwise made available upon request.

(Ord. No. 1996-227, § 7, 11-26-96 ; Ord. No. 1997-525, § 2, 11-25-97; Ord. No. 1998-73, § 2, 4-14-98; Ord. No. 1998-203, § 6, 11-24-98; Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 1999-94, § 3, 8-17-99; Ord. No. 1999-137, § 4, 9-28-99; Ord. No. 2003-44, § 5, 4-22-03; Ord. No. 2006-489, § 3, 10-24-06; Ord. No. 2007-119, § 1, 6-19-07; Ord. No. 2008-146, § 6, 11-25-08; Ord. No. 2008-161, §§ 1, 2, 12-9-08; Ord. No. 2009-55, §§ 1, 3, 4, 4-14-09; Ord. No. 2009-206, § 1, 10-13-09; Ord. No. 2011-09, § 2, 2-8-11; Ord. No. 2012-31, §§ 4, 5, 1-10-12; Ord. No. 2012-55, § 2, 2-14-12; Ord. No. 2012-369, § 1, 9-11-12; Ord. No. 2012-371, § 1, 9-11-12; Ord. No. 2013-22, § 2, 2-26-13; Ord. No. 2013-31, § 3, 3-12-13; Ord. No. 2013-105, § 6, 10-8-13; Ord. No. 2014-94, § 7, 7-15-14; Ord. No. 2014-95, § 7, 7-15-14; Ord. No. 2015-142, § 9, 10-13-2015; Ord. No. 2016-026, § 1, 2-9-16; Ord. No. 2016-102, § 8, 9-13-16; Ord. No. 2017-026, § 4, 3-28-2017; Ord. No. 2019-021, § 2, 3-26-19; Ord. No. 2020-097, § 1, 6, 7, 8-18-20; Ord. No. 2023-021, § 1, 2-14-23; Ord. No. 2023-207, § 1, 10-10-23; Ord. No. 2023-226, § 2, 11-14-23; Ord. No. 2024-162, § 1, 10-8-24)

a.

General Requirements. A residential short term rental use may be permitted as a Category 1, Category 2, or Category 3 STR Permit, if the zoning administrator determines the STR to be an accessory use to the principal residential use on a property which satisfies the requirements of Section 54-208.1, 54-208.2, or 54-208.3, as applicable, and issues a permit for such STR use.

b.

Operational Requirements. In all cases, Category 1, 2 or 3 STR uses shall adhere to the following operational requirements:

1.

The residential STR shall be operated by the record owner of the subject property who shall also be a resident of the subject property and who shall be residing overnight on the property while residential STR guests are present; and

2.

The property shall not contain signs advertising the STR use; and

3.

If meals are served by the resident owner, no meals other than breakfast may be served to the paying guests; and

4.

The record owner of the subject property must keep in full force and effect during all times the STR is operated a general liability policy with a company authorized to do business in the State of South Carolina insuring against personal injury (including death) and property damage with limits of no less than $1,000,000.00 per occurrence; and

5.

The resident owner shall keep a current guest register including names, addresses, telephone numbers and dates of occupancy of all guests; and

6.

The resident owner shall comply with all business license and revenue collection laws of the City of Charleston, Berkeley County or Charleston County, whichever is applicable, and State of South Carolina; and

7.

The resident owner shall provide a rental packet containing applicable city rules and restrictions specified in the Residential STR Permit application materials, as well as pertinent unit safety information and contact information to guests when they book the STR and shall prominently display the STR Permit, rules, safety and contact information within the STR; and

8.

Each Category 1, 2, or 3 STR permittee is entitled to rent, list with a booking or listing service, advertise, make available for STR use, or otherwise market only one (1) STR unit; and

9.

The resident owner and the owner's agent shall list the Residential STR Permit number on all advertisements, listings with booking services, and marketing materials, including without limitation, Airbnb, VRBO/Homeaway, FlipKey, and any other online websites and listing or booking platforms or services.

10.

The residential STR shall not be expanded in any respect beyond the specific rooms which were designated as part of a residential STR unit on plans relied upon by the city in approving a residential STR permit or beyond the maximum number of guests listed on the residential STR permit, nor shall the use be changed to any other use not permitted by the Zoning Ordinance without reapplication to and approval by the zoning administrator.

c.

Application Procedure.

1.

New Applications. Applications for new Category 1, 2 or 3 STR Permits shall be notarized and include the following:

(a)

The location and name of the record owner of the property; and

(b)

An application fee; and

(c)

Floor plans drawn to scale of the habitable structures on the property that clearly designate all rooms to be used by STR guests, and the specific room or rooms to be used by guests for sleeping; and

(d)

A site plan of the lot showing the location of the proposed Residential STR unit and the required off-street parking spaces and driveways; and

(e)

A photograph or photographs of the current principal view or views of the structure where the residential STR unit is to be located; and

(f)

A statement which the resident-owner must sign acknowledging that he or she has reviewed and understands the requirements of this section and the applicable section for the category of permit requested.

Upon receiving a complete application and prior to the issuance of a new STR permit, the zoning administrator shall cause notice to be posted on the property upon which the proposed STR use is to be located for fifteen (15) consecutive calendar days, advising that the Resident-owner of the property has applied for a zoning permit to establish a STR use at the location and supplying a phone number to call for further information. During this fifteen (15) calendar day period, the zoning administrator shall determine if the application meets the requirements as set forth in this section. If, at the end of the fifteen (15) day posting period, the zoning administrator determines that the application meets the requirements for the STR use requested, the zoning administrator shall notify the applicant that the application is approved and shall, after waiting an additional five business days to allow for appeals, issue the STR Permit, which shall be valid for one (1) year from the date of issuance, and shall be renewable annually unless revoked. Any appeals filed within the five-day period shall cause the issuance of the STR Permit to be stayed pending resolution of the appeal.

2.

Renewal Applications:

(a)

For renewal of an STR permit, a property owner shall be required to recertify compliance with this section for the STR use with the zoning administrator. An application for annual recertification of the STR permit must include the application fee, an affirmation by the applicant that the nature of the STR use at the property has not changed, and must be notarized, filed with, and approved by the zoning administrator to continue the STR use.

(b)

Upon a change in ownership of a property, and prior to the issuance of a new business license to allow continuation of an existing, permitted STR use upon said property, the new property owner shall be required to recertify compliance with this section for the STR use and submit plans reaffirming the specific room or rooms to be used for the STR unit with the zoning administrator. An application for recertification of the STR use must include the required plans and be notarized, filed with, and approved by the zoning administrator prior to the STR use by the new property owner.

3.

On an annual basis the zoning administrator shall determine whether each STR use permitted under this section remains in compliance with all the terms of this chapter, and shall initiate such enforcement procedures as may be appropriate. All operators of STR uses permitted under this Section shall cooperate fully with the zoning administrator and his designees, including, but not limited to, providing pertinent information upon request and affording access to that portion of the property which is used for the STR use for reasonable site inspections.

d.

Existing Approved Bed and Breakfast Uses. All approved, legal bed and breakfast uses that are operating on the effective date of this ordinance or that are entitled to be in operation on the effective date of the ordinance from which this section derives on properties outside the Short Term Overlay Zone shall be issued a Category 1 or Category 2 STR Permit, depending on their location. Such previously approved uses shall adhere to the requirements of the Zoning Ordinance in effect prior to April 10, 2018.

e.

Violations and Penalties.

1.

Violations. It shall be a violation of this Chapter for an owner, his agent or manager to:

(a)

Operate a Category 1, 2 or 3 STR use, a bed and breakfast use or other accommodations use without complying with the requirements of this Chapter and the Code of the City of Charleston; or

(b)

Expand an STR use or bed and breakfast use without obtaining a new permit; or

(c)

Advertise a property as being available for an STR use, bed and breakfast use or other accommodations use without first complying with the requirements of this Chapter; or

(d)

Represent or submit for advertising or marketing, or to otherwise hold out an STR unit, bed and breakfast unit or other accommodations unit as being available for use or occupancy unless the STR or bed and breakfast has been permitted pursuant to this Chapter and the permit number is displayed in the materials used to represent, advertise, market or otherwise hold out the property as available for STR or bed and breakfast use or occupancy; or

(e)

Represent or submit for advertising or marketing, or otherwise to hold out the availability of a STR or bed and breakfast for use or occupancy by more than the number of occupants that are permitted pursuant to this Chapter; or

(f)

Represent or submit for advertising, or marketing, or to otherwise hold out more STR or bed and breakfast units or other accommodations type units on a property than are permitted pursuant to this Chapter.

2.

Penalties. A violation of this Chapter is a misdemeanor punishable by a fine and/or incarceration. Each day the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use, or other violation under this Chapter continues is considered a separate offense. Any violation of this Chapter entitles the zoning administrator to revoke the STR or bed and breakfast permit.

(Ord. No. 2009-204, § 1, 10-13-09; Ord. No. 2011-11, § 2, 2-8-11; Ord. No. 2018-043, § 9, 4-10-18)

a.

An STR use may be established in a dwelling unit as an accessory to the principal residential use, on any property located within the Old and Historic District, where the zoning administrator, after reviewing an STR Permit application, finds that the following requirements are met:

1.

The property shall not contain more than one (1) STR unit. Each unit shall consist of one or more rooms arranged for the purpose of providing sleeping accommodations for occupancy for one (1) to twenty-nine (29) consecutive days by up to four (4) adults. For the purposes of this Section, an adult shall include any person eighteen (18) years of age or older; and

2.

The subject property shall be located entirely within the Old and Historic District; and

3.

The STR shall be operated by the record owner of the subject property who is a Resident of the subject property; and

4.

The STR shall be subordinate and incidental to the principal residential use of the property; and

5.

The STR shall provide one (1) off street parking space on the subject property, in addition to providing, on the subject property, required off street parking for existing uses on the property. The parking space provided for the STR may be situated in tandem with the required spaces for other uses; and

6.

The STR unit shall be located within an existing structure or accessory building that is individually listed on the National Register of Historic Places; and

7.

The STR unit shall not displace an existing dwelling unit which has been occupied within one (1) year prior to the filing date of the application; and

8.

The STR use shall not create the need for exterior alterations to any building for the purpose of maintaining such accessory use; and

9.

The STR use shall be located on property which is in compliance with allowed uses for the zone district in which the property is located; and

10.

The STR use shall be located on a lot which complies with the required minimum lot area for existing uses as specified under Table 3.1: Height, Area and Setback Regulations (applicable to SR and STR residential districts only); and

11.

The applicant for the STR use shall not be someone who has had an STR Permit revoked within the previous twenty-four (24) months.

(Ord. No. 2011-11, § 3, 2-8-11; Ord. No. 2018-043, § 9, 4-10-18)

a.

An STR use may be established in a dwelling unit as an accessory use to the principal residential use, on any property not located in the Old and Historic District and located entirely within the Old City District, where the zoning administrator, after reviewing an STR application, finds that the following requirements are met:

1.

The property shall not contain more than one (1) STR unit. Each unit shall consist of one or more rooms arranged for the purpose of providing sleeping accommodations for occupancy for one (1) to twenty-nine (29) consecutive days by up to four (4) adults. For the purposes of this Section, an adult shall include any person eighteen (18) years of age or older; and

2.

The subject property shall be located entirely on the peninsula and not within the ST Overlay Zone or the Old and Historic District; and

3.

The STR use shall be operated by the record owner of the subject property who shall also be qualified as a resident of the subject property; and

4.

The STR unit shall be located within a building constructed fifty (50) or more years ago; and

5.

The STR shall provide one (1) off street parking space on the subject property, in addition to providing, on the subject property, required off street parking for existing uses on the property. The parking space provided for the STR may be situated in tandem with the required spaces for other uses; and

6.

The STR shall be located on property which is in compliance with allowed uses for the zone district in which the property is located; and

7.

The STR use shall not create the need for exterior alterations to any building for the purpose of maintaining such accessory use; and

8.

The applicant for the STR use shall not be someone who has had an STR permit revoked within the previous twenty-four (24) months.

(Ord. No. 2018-043, § 9, 4-10-18)

a.

A Category 3 STR use may be established in a dwelling unit as an accessory to the principal residential use where the zoning administrator, after reviewing an STR application, finds that the following requirements are met:

1.

The subject property shall be located entirely off of the peninsula; and

2.

The number of STR guests on the property shall not exceed four (4) adults. For the purposes of this section, an adult shall include any person eighteen (18) years of age or older; and

3.

The size and character of the STR use must be subordinate and incidental to the principal residential use of the property; and

4.

The STR shall be operated by the record owner of the subject property who shall also be qualified as a resident of the subject property; and

5.

The STR shall provide one (1) off street parking space on the subject property, in addition to providing, on the subject property, required off street parking for existing uses on the property. The parking space provided for the STR may be situated in tandem with the required spaces for other uses; and

6.

The STR use shall not create the need for exterior alterations to any building for the purpose of maintaining such accessory use; and

7.

The applicant for the STR use shall not be someone who has had an STR permit revoked within the previous twenty-four (24) months.

(Ord. No. 2018-043, § 9, 4-10-18)

Communication towers shall be allowed as an accessory use within the GB, GP, UC, BP and LI districts, subject to a finding that the tower satisfies the criteria listed in 54-207, c.

(Ord. No. 2007-119, § 2, 6-19-07)

a.

Family day care homes, group day care homes, or overnight day care facilities, may be established in all residential zoning districts as an accessory use to a residential use upon a finding by the Zoning Administration that the requirements that follow are met.

1.

Permitting requirements.

(a)

the proposed facility must meet the definition for either a family day care home or group day care home. Overnight day care facilities are allowed only in conjunction with approved family day care homes; and

(b)

proof of application for the facility's registration with the Department of Social Services is submitted; and

(c)

outdoor play is allowed only between the hours of 8 a.m. and 6 p.m.; and

(d)

the facility is an accessory use of a residence occupied by the operator of the facility; and

(e)

the proposed outdoor lighting of the facility does not unduly impact neighboring properties; and

(f)

there are no signs advertising or identifying the property as a family day care home.

2.

Approval process. Prior to the issuance of a zoning permit, the Zoning Administration shall cause the property upon which the proposed facility is to be located to be posted for ten (10) consecutive days, advising that the occupant of the property has applied for a zoning permit to establish a day care facility at the location and supplying a phone number to call for further information. Should no objection to the permit, as hereinafter set forth, be received by the Zoning Administration during the ten (10) day posting period, the Zoning Administration shall, after verifying that the facility meets the requirements as set forth above, issue the zoning permit. If, prior to the expiration of time during which the property is posted, the Zoning Administration is presented with a petition in opposition to the issuance of a zoning permit, signed by a majority of the owners of property located within 200 feet of any lot line of the property where the facility is proposed to be located, then the matter shall be referred to the Board of Zoning Appeals. The Board of Zoning Appeals shall, in considering the matter, prior to the issuance of a permit, verify that the facility meets the requirements as set forth above and the facility is otherwise compatible with the surrounding neighborhood based upon the size of the proposed facility, the potential for increased traffic and noise and the location of play, loading and circulation areas.

On an annual basis, the Zoning Administration shall determine whether each day care facility permitted under this section remains in compliance with all the terms of this ordinance, and shall initiate such enforcement procedures as may be appropriate. All operators of day care facilities permitted under this section shall cooperate fully with the Zoning Administration and his designees, including, but not limited to, providing pertinent information upon request and affording access to that portion of the premises which is used for day care for reasonable site inspections.

(Ord. No. 1999-54, § 4, 4-27-99)

a.

A home occupation may be established on a property in any zoning district, as an accessory use to the principal residential use, if the intended home occupation meets the conditions listed below. The business owner must complete and sign a "Home Occupation Application." The completed application shall constitute zoning approval.

1.

The home occupation shall be a use that is customarily conducted 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. Home occupations shall include, in general, but not be limited to, personal services such as furnished by an artist, musician, seamstress or instructor. Also, a home occupation may be a business that maintains an office within a dwelling, but conducts business activity at another location away from the dwelling. This includes, but is not limited to, building contractor, lawn care service, painter, pressure washing, interior design, cleaning service, or newspaper delivery. A home occupation shall not include such occupations as adult uses, motor vehicle repairs, motor vehicle rental, motor vehicle sales, tattooing, tea rooms, tourist homes, bed and breakfasts short term rentals, rooming or boarding houses, animal kennels or hospitals, physicians, dentists or other offices for diagnosis, prevention, alleviation, or cure of disease or disability, retail businesses, or occupations which have vehicles, other than vehicles as described below, parked or stored at the dwelling.

2.

The home occupation shall be clearly incidental to the principal residential use of the property and shall not change the essential residential character of the property.

3.

Outdoor activities. All activities and storage areas associated with home occupations must be conducted in completely enclosed buildings, with the exception of swimming instructions.

4.

Use of the dwelling for this purpose shall be limited to thirty-three percent (33%) of the existing principal building and up to 650 square feet of an enclosed accessory building.

5.

No outside storage shall be used in connection with the home occupation.

6.

No electrical, mechanical, or chemical equipment that is not normally a part of domestic or household equipment shall be permitted. There shall be created no dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold or dampness; electromagnetic or other disturbance; glare; liquid or solid refuse or other waste; or other objectionable substance, condition or element.

7.

There shall be no exterior display, no exterior storage of materials, no exterior sign, except as permitted by the applicable district regulations, and no other exterior indication of the home occupation or internal or external alterations inconsistent with the residential use or character of the dwelling.

8.

Such occupation shall be carried on by a resident, members of his family living on the premises, and no more than one full-time or part-time nonresident employee who works at the residence used for the home occupation. The home occupation may have other employees who are not working at the residence, but work at other off-site locations, if applicable. For the purpose of this section, the term "nonresident employee" includes an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live at the site, but who may work at the site as a part of the home occupation.

9.

Display of products shall not be visible from the street and only articles made on the premises may be sold on the premises.

10.

Instruction in music, dancing, swimming, art and similar instruction shall be limited to two students at a time, with the expectation that pick-up and drop-off times are arranged in a manner that minimizes impact to the neighborhood.

11.

A barber shop or beauty shop with not more than one (1) chair shall be permitted as a home occupation if the other requirements of this Section are met.

12.

Passenger vehicles only shall be permitted in connection with the conduct of the home occupation. Passenger vehicles include motorcycles, automobiles, pickup trucks and vans. No truck cabs, or other large trucks or semi-truck trailers shall be allowed.

13.

No traffic shall be generated by such home occupation in greater volume than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

14.

Nothing in this section shall allow zoning approval for a home occupation which creates or causes to be created noises, noxious odors, or conditions injurious to the health, safety, morals, or welfare of the community. The Board of Zoning Appeals-Zoning shall review all appeals to decisions of the Zoning Administrator. Such zoning approval shall be revoked upon a finding that any home occupation established under this Chapter fails at any time to meet the requirements prescribed herein.

In granting the zoning approval for a home occupation, the Zoning Administrator may impose such reasonable and additional stipulations, conditions or safeguards, as deemed necessary to fulfill the purposes and intent of this Chapter.

b.

Expiration. The Zoning Permit for a home occupation shall expire under the following conditions:

1.

Whenever the applicant ceases to occupy the premises for which the home occupation was issued. No subsequent occupant of such premises shall engage in any home occupation until a new permit has been issued through proper application.

2.

Whenever the applicant fails to exercise the use permitted for any period of twelve (12) consecutive months.

3.

Whenever in the judgment of the Zoning Administrator the home occupation exceeds the limitations of this Chapter or the restrictions stated on the zoning approval, a notice which revokes the Home Occupation zoning approval shall be mailed by certified mail to the licensee stating the date the permit is to be voided. The licensee may request a hearing before the Board of Zoning Appeals-Zoning for a reinstatement of the Home Occupation zoning approval.

(Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 2006-488, § 2, 10-24-06; Ord. No. 2007-172, § 2, 9-11-07; Ord. No. 2011-08, § 4, 2-8-11; Ord. No. 2011-28, § 2, 4-12-11; Ord. No. 2015-081, §§ 1, 2, 7-21-2015; Ord. No. 2018-043, § 10, 4-10-18; Ord. No. 2022-026, § 1, 2-22-22)

Accessory uses may be permitted when intended to complement any of the permitted uses and are designed to be for the primary use of employees, visitors, and/or clients of the office occupants. Possible uses are as follows: barber shop, beauty salon, drafting service or quick reproduction service, medical or dental laboratories, for use by employees only, and other such uses which would be in keeping with the spirit and intent of this section. Accessory uses shall be included as tenants within the various principal office buildings and shall not occupy separate buildings. Not more than twenty (20%) of the gross floor area of any principal office building may be occupied by an accessory use. No accessory use shall have an individual outside entrance nor shall there be any display of advertising signs or merchandise visible from outside the building.

For tracts of land in excess of 12 acres, where a planned development is proposed, and reviewed by the Planning Commission, additional uses such as cafeteria and/or coffee shop or snack bar, apothecary, communication facilities, recreational facilities, day care facilities may be included as tenants as accessory uses. Day care facilities may be permitted as regulated in any General Business (GB) district and subject to review by the Zoning Administration or Board of Zoning Appeals required for such use in that district.

(Ord. No. 1999-54, § 4, 4-27-99)

a.

Findings.

WHEREAS, City Council finds that it is appropriate and in the best interest of the general public to permit the establishment of sidewalk cafés as an accessory use and enact regulations governing their operation; and

WHEREAS, City Council finds that where adequate sidewalk right-of-ways exist to accommodate sidewalk cafés, such sidewalk cafés can be positive visual amenities, enhance business opportunities and enhance the quality of life for our citizens and visitors, provided they can be operated while ensuring public safety and without compromising the use of sidewalks for pedestrian travel and access; and

WHEREAS, sidewalk cafés, if properly regulated, will preserve and enhance the character of the City and promote desirable land use.

b.

Definitions.

1.

Alcoholic beverages means and includes alcohol, spirits, wine or beer.

2.

Clear pedestrian path means a paved sidewalk area free from any obstructions such as trees, tree wells, bike racks, signs, parking meters, street lights, utility poles, or fire hydrants.

3.

Zoning Administrator means the Zoning Administrator of the City of Charleston.

4.

Food means any raw, cooked or processed edible substance or ingredient, used or intended for use in whole or in part for human consumption, and shall include non-alcoholic beverages allowed to be sold in accordance with this section, but shall not include alcoholic beverages.

5.

Sidewalk café means a portion of an immobile retail food establishment located on a public right-of-way directly adjacent to the retail food establishment.

6.

Sidewalk café elements mean all tables, chairs, plants, planters, and any other items of the sidewalk café, which are approved in the sidewalk café permit.

c.

Permit required for sidewalk café. A permit, which shall be known as a sidewalk café permit, shall be required to operate a sidewalk café.

d.

Fees. A non-refundable application fee shall be paid with the submittal of the application by a business for a sidewalk café permit. Subsequent applications by a business to make changes to their approved sidewalk café permit shall require a fee. Upon approval, applicants for a sidewalk café permit shall, if required, pay an annual user fee. All fees shall be determined by City Council and shall be set forth in the Department of Planning and Preservation or Fee Schedule ("Fee Schedule").

e.

Permit application and approval procedure. Application for a sidewalk café permit shall be submitted to the Zoning Administrator, who shall make available forms for this purpose. The applicant shall provide such information on the application as the Zoning Administrator may require by rules and regulations as same may be adopted by City Council and thereafter amended by the Design Review Committee upon a recommendation from the Zoning Administrator, including:

1.

Proof that the applicant holds a valid retail food establishment business license and certificate of occupancy issued to the establishment that will provide food for the sidewalk café adjacent thereto.

2.

Proof of insurance as required in this section.

3.

A measured drawing of the sidewalk café prepared by a licensed surveyor, professional architect, landscape architect or engineer. This drawing must accurately depict all existing street furniture and other obstructions (trees, poles, newsboxes, signs, hydrants, parking meters, etc).

4.

A layout plan for the sidewalk café, complying with applicable regulations, and demonstrating that the sidewalk café shall not unreasonably interfere with:

(a)

Adequate pedestrian flow;

(b)

Access to building entrances;

(c)

Pedestrian and traffic safety; and

(d)

The aesthetic quality of the surrounding area.

5.

A non-refundable application fee.

6.

A notarized statement indicating that the applicant: (a) has had no municipal code violations relating to the applicant's retail food establishment within the last 12 months preceding the date of the application or (b) has had municipal code violation(s) relating to the applicant's retail food establishment within the last 12 months preceding the date of the application with a list of the specific violation(s) by date and code section.

Any municipal code violation that has been adjudicated against the applicant relating to the applicant's retail food establishment within the last 12 months preceding the date of the application shall be grounds for denial of the application.

7.

The Rules and Regulations for the Sidewalk Café Program, which shall be used to administer this Ordinance, are marked as Exhibit A, attached hereto and incorporated by reference herein (the "Rules and Regulations").

f.

Review of application. The Zoning Administrator shall review a submitted application for compliance with this section and regulations promulgated pursuant thereto.

1.

If the Zoning Administrator finds that the applicant meets the requirements of this section and the regulations promulgated hereunder, the Zoning Administrator shall provide the application to the Fire Marshall and the Design Review Committee. The Fire Marshal will review the application for fire code compliance, and will forward a recommendation to the Zoning Administrator. The Design Review Committee will review the proposed Sidewalk Café Elements and the proposed density of those elements and will forward a recommendation to the Zoning Administrator.

2.

Upon the receipt of a favorable recommendation from the Fire Marshal and the Design Review Committee, the Zoning Administrator shall approve the sidewalk café permit to the applicant; provided the sidewalk café permit shall not be issued until after the Zoning Administrator and Fire Marshal have conducted a site inspection of the approved sidewalk café and all Sidewalk Café Elements placed therein to ensure that the sidewalk café and all Sidewalk Café Elements are in compliance with the approved permit and that the permittee is in compliance with all other requirements of the permit.

3.

If the Zoning Administrator finds that the applicant fails to meet the requirements of this section of the regulations promulgated hereunder or if the Zoning Administrator does not receive a favorable recommendation from the Fire Marshal and the Design Review Committee, the Zoning Administrator shall deny the application, except that applicants for sidewalk café in residential areas shall be given the opportunity to apply for a special exception under Section 54-206(x).

4.

All appeals of administrative interpretations or decisions of the Zoning Administrator shall be made to the Board of Zoning Appeals Site Design in accordance with Section 54-926 of the Zoning Ordinance of the City of Charleston. All appeals of administrative interpretations or decisions of the Board of Zoning Appeals Site Design shall be made in accordance with Section 54-930 of the Zoning Ordinance of the City of Charleston.

5.

Subsequent applications by a business to make changes to their approved sidewalk café permit, including enlarging the sidewalk café, may be approved by the Zoning Administrator and Fire Marshall without review of the Design Review Committee if the sidewalk café elements and density are not proposed to be changed.

g.

Compliance with plan and other components of application. Each sidewalk café shall comply in all respects with the specifications set out in the plan submitted to and approved by the Zoning Administrator, and with the other components of the application.

h.

Permit—Assignment or transfer prohibited. No permittee shall assign or transfer a sidewalk café permit without the express written consent of the Zoning Administrator.

i.

Permit for one retail food establishment only. A sidewalk café shall be for the exclusive use of the licensed retail food establishment stated on the permit. Sharing or other joint use of a sidewalk café location by more than one retail food establishment shall be prohibited.

j.

Permit for food and beverage service, including alcoholic beverages, only. A sidewalk café permit shall only authorize food and beverage service, including alcoholic beverages, at the sidewalk café. Regardless of what other activity may be permitted to take place inside the establishment that holds the sidewalk café permit, such other activity except food and beverage service, including alcoholic beverages, shall be prohibited.

k.

Operational conditions.

1.

Sidewalk cafés permitted under this section shall not operate earlier than 7:00 a.m. and no later than 12:00 a.m. unless the hours of the establishment are more restricted by operation of law or otherwise, in which case, the establishment's more restrictive hours shall control.

2.

Sidewalk cafés shall only be permitted on sidewalks within a public right-of-way space between the building and street curb that includes both paved and non-paved surfaces and has a minimum width of eight feet (8′ - 0″) measured from the property line to face of curb. The area designated for the sidewalk café shall be considered an extension of the franchise; therefore, the location of the sidewalk café must be directly in front of the franchise and abut the building.

3.

On sidewalks that abut marked on-street parking spaces or loading zones, sidewalk café operators shall maintain a minimum clear pedestrian path width of five feet (5′) at all times. In areas of higher pedestrian traffic or activity, or in conditions that suggest the need for additional clearance, a minimum clear pedestrian path width greater than five feet (5′) may be required.

4.

On sidewalks that do not abut marked on-street parking spaces or loading zones, sidewalk café operators shall maintain a minimum clear pedestrian path width of eight feet (8') at all times. In areas of higher pedestrian traffic or activity, or in conditions that suggest the need for additional clearance, a clear pedestrian path width greater than eight feet (8') may be required.

5.

The sidewalk café shall not impinge on any required clear distances for maneuvering around building entrances or exits and shall not obstruct emergency exits or access to fire department hose connections. All services provided to patrons of a sidewalk café and all patron activity (i.e., sitting, dining, waiting, etc.) shall occur within the designated sidewalk café area, and shall not impinge on the required clear pedestrian path at any time.

6.

Sidewalk cafés permitted under this section shall not play amplified music, whether live or recorded. No speakers, microphones, televisions or other audio or video devices shall be permitted at a sidewalk café.

7.

Additional parking shall not be required due to the addition of a sidewalk dining area.

8.

The permittee must provide supervision of the sidewalk café area to ensure the conduct of patrons and operations of the area are in compliance with this ordinance at all times.

9.

Where exigent circumstances exist, and an authorized officer or city official gives notice to a permittee to temporarily move from a location, such permittee shall comply with the notice. Exigent circumstances shall include, but not be limited to unusually heavy pedestrian or vehicular traffic, existence of any obstructions in the public space at or near such a location, an accident, fire, an emergency situation, private or public construction projects at or near such locations, or a parade, demonstration, or other such event or occurrence at or near such location. Such findings by the Zoning Administrator may be made upon unanticipated or after-discovered factors or conditions, which became obvious only after operation of a sidewalk café. If such a limitation or suspension shall continue for a period in excess of thirty (30) days, or should a permit be so cancelled, the permittee shall be entitled to refund of a pro rata share of the annual fee.

10.

The permittee or the permittee's designee shall be required to post the original sidewalk café permit, and any conditions that have been imposed upon such permit, on the premises of the affiliated franchise of the sidewalk café.

l.

Alcoholic beverage service—Requirements. If alcoholic beverages are served at the sidewalk café, the operator must be validly licensed under all applicable laws for such sales. Alcoholic beverages supplied by the customer or by any other person other than the permittee shall not be allowed at sidewalk cafés. No alcoholic beverages may be stored or mixed in the sidewalk café area.

m.

Violation—Penalties.

1.

Any person who violates any of the provisions of this section or regulations promulgated hereunder shall be subject to punishment as set forth in Section 1-16 of the Code of the City of Charleston or revocation of the sidewalk café permit or both at the election of the City.

2.

Any sidewalk café in operation without a valid sidewalk café permit is subject to removal from the public right-of-way by the Zoning Administrator or his designee and subject to punishment as set forth in Paragraph m.(1) above.

n.

Severability. The invalidity of any section or part of this section, or any regulation promulgated hereunder, shall not affect the validity of any other section or part thereof or regulation.

(Ord. No. 2004-102, § 1, 10-12-04; Ord. No. 2009-26, § 1, 2-24-09; Ord. No. 2009-208, § 2, 10-13-09; Ord. No. 2021-184, § 1, 12-21-21; Ord. No. 2025-086, § 1, 6-17-25)

In all base zoning districts, an accessory dwelling unit (ADU) may be approved by the Zoning Administrator as an accessory use to a principal single-family dwelling unit, if the Zoning Administrator finds the following conditions have been met:

a.

The Department of Planning and Preservation ("Planning") shall prepare a site plan checklist and application for use by applicants. The application shall include, without limitation, a statement, signed by the applicant, certifying that no covenants exist prohibiting the construction or use of an ADU on the lot. In addition to other items required by the application, the applicant shall submit the following to Planning with the signed application:

1.

A scaled site plan showing all information required in the site plan checklist; and

2.

A draft Declaration of Covenants and Restrictions ("DCR"), which must be approved by the Department of Planning ("Planning") and the Office of Corporation Counsel ("Legal"), including the terms, conditions, and provisions set forth in Section 54-214.g. The DCR must be executed by the owner(s) of the lot, in a form sufficient for recording with the applicable Register of Deeds Office. A certificate of occupancy/completion shall not be issued for the ADU until the applicant provides a recorded copy of the DCR that is approved by Planning and Legal. If the ADU receives financial subsidy from the City of Charleston under the provisions set forth in Sec. 54-214.g(3), the Department of Housing and Community Development ("Housing") must provide approval prior to review by Planning and Legal.

c.

There shall be a limit of one (1) ADU per lot.

d.

The total number of dwelling units, including the ADU, shall not exceed two (2) dwelling units per lot. The ADU may be separately metered for electricity, gas, and water.

e.

The ADU may include no more than 850 square feet of conditioned floor area; provided, however, for ADU's within an accessory building approved utilizing the setback exceptions in Section 54-506.f, the maximum building footprint shall be 600 square feet.

f.

One (1) off street parking space shall be provided for the ADU on the lot, in addition to providing, on the lot, required off street parking for existing uses thereon. The off street parking space provided for the ADU may be situated in tandem with the required spaces for other uses on the lot.

g.

The DCR shall include the following terms, conditions, and provisions:

1.

Either the principal dwelling unit or the ADU must be owner-occupied and serve as the primary dwelling unit for the owner of the lot. If neither dwelling unit is owner-occupied, the ADU may not be rented separately from the principal dwelling unit.

2.

No subleases of the ADU shall be permitted.

3.

If the applicant receives financial subsidy from the City of Charleston and the ADU is rented for remuneration, the ADU must meet affordable housing income and rental thresholds, as defined in Sec. 54-120, where the occupants have, in the aggregate, a household income of less than or equal to eighty percent (80%) of AMI, and the owner shall provide proof of affordability to the City of Charleston Department of Housing and Community Development, or its successor, on an annual basis during the affordability period.

4.

For applicants receiving financial subsidy under Sec. 54-214.g(3), the affordability period shall be at least thirty (30) years, beginning upon receipt of a certificate of occupancy/completion for the ADU.

5.

Occupancy of an ADU shall be limited to no more than two (2) adults, with "adult" defined as any person eighteen years of age or older.

6.

Under no circumstances shall the property be converted to a horizontal property regime.

7.

Neither the principal dwelling unit nor the ADU shall be utilized for a short term rental.

8.

The covenants shall accord the City, or its assignee, rights to enforcement by any legal and/or equitable means, including the revocation of a certificate of occupancy.

(Ord. No. 2020-116, § 4, 9-8-20; Ord. No. 2022-069, § 1, 5-10-22; Ord. No. 2025-086, § 1, 6-17-25)

The following provisions apply to new or additional areas sought to be utilized for outdoor dining services:

A.

Definitions.

(1)

Expiration Date. "Expiration Date" means January 10, 2022 at 11:59:59 p.m.

(2)

Outdoor Dining Services. "Outdoor dining services" means services covered by a temporary outdoor dining approval and/or a temporary sidewalk dining permit.

(3)

Residential Area. "Residential Area" means any property within a residential zoning district.

(4)

Restaurant. "Restaurant" means an operation that prepares, processes, packages, serves, or otherwise provides food for human consumption, either on or off the premises, regardless of whether there is a charge for the food; provided, however, the term "restaurant" shall not include grocery stores, pharmacies, convenience stores, gas stations, school cafeterias, independent living food service operations, licensed healthcare facilities, retail meat markets, fish/seafood markets, retail ice merchants, or mobile food establishments.

(5)

Sidewalk Dining. "Sidewalk dining" means a portion of an immobile restaurant located on a designated public right-of-way immediately adjacent to the restaurant.

(6)

Sidewalk Dining Elements. "Sidewalk dining elements" means any and all tables, chairs, tents, umbrellas, planters, heaters, and other objects associated with sidewalk dining.

(7)

Temporary Outdoor Dining Approval. A temporary outdoor dining approval authorizes a restaurant to temporarily utilize new or expanded outdoor dining areas on private property.

(8)

Temporary Sidewalk Dining Permit. A temporary sidewalk dining permit authorizes a restaurant to engage in sidewalk dining within a designated area on a public right-of-way.

B.

Temporary Suspension of Regulations Governing Outdoor Dining Areas and Sidewalk Dining. The following regulations temporarily shall supersede and replace any conflicting provisions of the City's zoning ordinances or regulations governing outdoor dining services; provided, however, nothing herein supersedes or replaces conflicting provisions of the City's zoning ordinances or regulations with respect to new development, redevelopment, construction, or improvement of property.

C.

Applications. Any restaurant desiring to offer outdoor dining services shall first apply to the Zoning Division on forms created for that purpose. All information required to show compliance with the standards for outdoor dining services under this Section shall be included with the application. The Zoning Administrator is hereby authorized and directed to generate standard application forms and adopt internal procedures for such purpose.

D.

Special Exception. The location of outdoor dining services within 150 feet of a residential area is generally disfavored and shall not be granted except upon a special exception approved by the Board of Zoning Appeals-Zoning ("BZA-Z"). The BZA-Z may approve, approve with modifications, approve with conditions, or disapprove an application for outdoor dining services within 150 feet of a residential area after considering the application, the relevant supporting materials, any staff recommendation, and the evidence presented at the hearing. Prior to granting a special exception under this Section, the BZA-Z shall find as follows:

(1)

Compliance with Standards. The proposed special exception complies with the specific standards applicable to the request set forth in this section 54-215.

(2)

Compatibility. The proposed special exception is appropriate for its location and compatible with the character of surrounding lands and the uses permitted in the zoning districts of surrounding lands, and will not reduce property values of surrounding lands.

(3)

Design does not have substantial adverse impact. The design of the proposed special exception minimizes adverse effects, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed special exception does not impose significant adverse impact on surrounding lands regarding traffic, service delivery, parking and loading, odors, noise, glare, vibration, and does not create a nuisance.

E.

Conditional Use Permit. A conditional use permit issued by the Zoning Administrator shall be required for outdoor dining services which are not located within 150 feet of a residential area. The Zoning Administrator shall approve the application if the proposed outdoor dining services comply with the specific standards applicable to the request set forth in this section 54-215.

F.

Standards for Temporary Outdoor Dining Approval. Restaurants desiring temporary outdoor dining approval shall comply with the following standards:

(1)

The restaurant shall be properly licensed by appropriate state and local agencies to perform any activities, sales, and services.

(2)

The restaurant shall comply with all applicable laws relating to litter, noise, and other livability matters.

(3)

No amplified music shall be permitted in outdoor dining areas approved under this section 54-215. Nothing herein shall prohibit amplified music in outdoor dining areas approved for use prior to effective date of this ordinance, to the extent amplified music was previously permitted in such areas.

(4)

Unless authorized as part of a sidewalk dining permit or sidewalk café, outdoor dining areas shall not encroach within any public rights-of-way.

(5)

Outdoor dining areas shall not encroach into or interfere with required handicapped parking spaces.

(6)

Outdoor dining areas shall not interfere with safe pedestrian and vehicular access or access required to be maintained under the Americans with Disabilities Act.

(7)

Outdoor dining areas shall not encroach within or interfere with fire and other emergency access.

(8)

Any sales and/or consumption of food and/or alcoholic beverages shall be in compliance with the provisions of any federal, state, and/or local laws and regulations governing same.

(9)

Outdoor dining areas shall comply with all applicable occupancy requirements and other provisions of the fire code.

G.

Temporary Sidewalk Dining Permit. The following procedures shall apply to temporary sidewalk dining permits:

(1)

Layout. A layout sketch or site plan and a minimum of two (2) photographs showing all sidewalk dining elements, utilities, sidewalks, and appropriate measurements shall be included with an application for a temporary sidewalk dining permit.

(2)

Effect. The following terms and conditions shall apply to any temporary sidewalk dining permit issued by the City under this Ordinance:

a.

The permit is for a permissive use only and the issuing of the permit shall not operate to create or vest any property rights in the permittee.

b.

The City shall have free and complete access to the public right-of-way (the "ROW") in which sidewalk dining has been permitted for maintenance and repair of the ROW, and the permittee shall hold harmless the City for any damage that may be done by the City during maintenance and repair of the ROW.

c.

The permittee shall maintain the sidewalk easement area in a good and safe condition as long as the temporary sidewalk dining permit remains in effect. Permittee understands and acknowledges that, should the permittee, its agents, employees, vendors, or patrons, damage and/or disturb the ROW and/or the sidewalk dining area, the permittee shall be solely responsible for repairing the destroyed/disturbed ROW and the sidewalk dining area to the City's satisfaction.

d.

Permittee shall maintain a general liability insurance policy with combined single liability limits for personal injury or death and property damage in the amount of the liability limits set forth in the South Carolina Tort Claims Act, naming the City as an additional insured. The permittee agrees to provide proof of such policy to the City upon request.

e.

If alcoholic beverages will be served within the sidewalk dining area, the permittee shall maintain liquor liability insurance for the area under the same terms and conditions as those applying to general liability insurance.

f.

Permittee shall indemnify, defend, and hold harmless the City against any and all claims or suits for damages or injury arising from permittee's or the permittee's agents', employees', vendors', and/or patrons' use of the ROW or the sidewalk dining area or from any activity, work, or act done, permitted, or suffered by permittee in or about the sidewalk dining area, and shall further indemnify, defend, and hold harmless the City against and from any and all claims or suits arising from any breach or default of any performance of any obligation of permittee under this Section or the sidewalk dining permit, and against and from all costs, attorneys' fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification.

g.

Permittee shall not assign the sidewalk dining permit without the prior approval of the City.

h.

Any unlawful encroachments existing in the ROW shall be subject to removal and the permittee shall be responsible for labor and costs associated with such removal. Any encroachments existing in the public ROW shall be removed upon twenty-four (24) hours' notice given by the department of public service when such removal is necessary to repair or improve the ROW. If it is necessary to remove any encroachments, including but not limited to sidewalk dining elements, the permittee shall be responsible for labor and costs associated with removal and reinstallation.

i.

In the event that the City police, fire, public service or traffic and transportation departments determine that the location of an encroachment, including but not limited to sidewalk dining elements, constitutes an immediate physical danger to life, safety or health, the encroachment may be removed immediately without prior notice. If the City removes an encroachment, a notice of removal shall be sent to the permittee as soon as practicable under the circumstances. Any abandoned encroachment shall be subject to removal. For purposes hereof, 'abandoned' shall mean the vacating of the premises by the permittee for a period of seven (7) consecutive days or more. Any costs incurred to the City in restoring the public ROW to the condition that existed prior to the use of the sidewalk dining area shall be the responsibility of the permittee.

(3)

Inspection. The Zoning Administrator shall perform or cause to be performed a site inspection of the area to be utilized for sidewalk dining to verify compliance with the requirements set forth herein prior to issuing a temporary sidewalk dining permit. The City of Charleston's Fire Department, Fire Marshal, Police Department, Building Inspections Division, Livability Code Enforcement Officers, and zoning officers shall be authorized to inspect and determine whether applicants and permittees comply with and continue to comply with the rules and regulations governing sidewalk dining set forth herein, as may be amended.

(4)

Decision. The Zoning Administrator is hereby authorized, after any necessary consultation with other City departments, to issue a temporary sidewalk dining permit if the application meets all standards set forth in section 54-215.

(5)

Posting. The temporary sidewalk dining permit shall be posted on the premises so as to be visible from the public right-of-way during all times that sidewalk dining is being conducted within the public right-of-way.

H.

Design and Layout. The following standards shall govern the design and layout for sidewalk dining:

(1)

The width of the sidewalk dining area shall not exceed the width of the frontage of the restaurant's property.

(2)

Permittees shall maintain a clear pedestrian path of at least six feet (6') at all times; provided, however, in areas of higher pedestrian traffic or activity, or in conditions that suggest the need for additional clearance, the Zoning Administrator may require a clear pedestrian path greater than six feet (6'). Any such clearance area must be free of all obstructions such as trees, parking meters, utility poles, fire hydrants, and similar encroachments in order to allow for adequate pedestrian movement. All services and patron activity provided within the designated public right-of-way shall occur within the designated area and shall not encroach within the minimum clearances for pedestrian passage at any time.

(3)

Sidewalk dining and sidewalk dining elements shall not interfere with any utilities or other facilities such as utility poles, fire hydrants, signs, parking meters, mailboxes, and/or benches within the sidewalk or within the public right-of-way.

(4)

Sidewalk dining and sidewalk dining elements shall not interfere with or obstruct any required clearance for maneuvering around entrances or exits.

(5)

Sidewalk dining and sidewalk dining elements shall not interfere with or obstruct any areas required for accessibility for disabled persons, whether patrons or employees.

(6)

Sidewalk dining and sidewalk dining elements shall not interfere with or obstruct required ingress and/or egress for adjacent buildings set forth in the building code or otherwise.

(7)

Sidewalk dining and sidewalk dining elements may not violate the vision clearance requirements set forth in section 54-351. Vision clearance will also be required when sidewalk dining or sidewalk dining elements are located adjacent to an alley or driveway; provided, however, the Zoning Administrator is authorized to impose additional requirements when unusual circumstances exist or when public safety may be jeopardized.

(8)

Signs advertising the sale of food, beverages, goods, or services within sidewalk dining areas shall be prohibited. This prohibition includes but is not limited to sandwich boards, banners, pamphlets, podiums, or any other advertisements. Nothing herein shall prohibit the posting of any signage required by the City.

(9)

No amplified music, whether live or recorded, shall be permitted within sidewalk dining areas. No speakers, microphones, televisions or other audio or video devices shall be permitted within sidewalk dining areas.

(10)

No vending machines, carts, or objects for the sale of goods shall be permitted within sidewalk dining areas.

I.

Standards for Sidewalk Dining. Restaurants obtaining a temporary sidewalk dining permit shall comply with the following operational standards:

(1)

The standards for temporary outdoor dining approval in section 54-215.F.

(2)

Sidewalk dining is prohibited between 12:00 a.m. and 7:00 a.m., unless the permitted hours are more restrictive under the existing zoning applicable to the property, use, or activity, in which case the more restrictive hours shall control.

(3)

Any and all sidewalk dining elements shall be removed from the public right-of-way except during the restaurant's daily operations. The storage of sidewalk dining elements within the public right-of-way at any time is prohibited. The leaving of sidewalk dining elements in public rights-of-way at any time before or during daily operations is also prohibited.

(4)

If alcoholic beverages are served within the designated public right-of-way, the permittee must have a valid license under all applicable laws for such sales. Alcoholic beverages supplied by the customer or by any other person other than the permittee shall not be allowed within the designated public right-of-way. No alcoholic beverages may be stored or mixed within the designated public right-of-way.

(5)

The permittee must require patrons dining within the designated public-right-of-way to wear shoes and shirts at all times.

(6)

All employees must comply with applicable requirements and standards for a retail food establishment.

(7)

The permittee must comply with all federal, state, and local laws, rules, and regulations applicable to the operation of sidewalk dining within the City.

J.

Administrative Suspension. Any temporary outdoor dining approval and/or sidewalk dining permit is subject to suspension, modification, or amendment at any time based on a determination that additional conditions or limitations shall be required to protect against adverse impacts to the public health, safety, or welfare associated with new or expanded area.

K.

Modification. City Council may suspend, modify, or amend the provisions governing outdoor dining services at any time, in which case all restaurants shall comply with any such modifications or amendments, whether or not they previously received an approval or permit hereunder. In this respect, an approval for outdoor dining services is considered an activity, not a use. All approvals and permits governed by this section shall automatically expire on the expiration date, unless such approval or permit is otherwise suspended, modified, amended, or extended in accordance with this section or a subsequent ordinance adopted by city council.

L.

Appeal. Any decision of the Zoning Administrator under this section may be appealed to the BZA-Z, in accordance with the standards governing appeals from administrative officers under state law and the City's Zoning Ordinance.

M.

Compliance. Permittees are responsible for ensuring that the procedures and standards set forth in this section are followed or otherwise cease services. Pursuant to section 45-3-30 of the South Carolina Code, the City may deny or revoke any license granted to conduct any such business when, in the judgment of the City, the business is not complying with this Ordinance and shall be subject to the penalties set forth in Section 1-16 of the City Code. Pursuant to section 45-3-20 of the South Carolina Code, the City of Charleston Fire Department, Office of the Fire Marshal, Police Department, Building Inspections Division, and their designees, Livability Code Enforcement Officers, and Zoning Officers are hereby authorized to inspect and determine whether businesses are in compliance with this Section. Any person who shall refuse to allow such inspection or who shall obstruct any officer whose duty it is to make such inspection shall be subject to the penalties set forth in section 45-3-20.

N.

Previously Approved Outdoor Dining Services. Outdoor dining services permitted or approved under an emergency ordinance may continue in effect until the expiration date, subject to the following terms and conditions: (1) the outdoor dining service was permitted or approved prior to December 1, 2020; (2) the permit or approval for the outdoor dining service remains in effect, under its terms or through an extension thereof, on January 12, 2021; (3) any physical expansion of an outdoor dining service shall follow the procedures set forth in this Section with respect to such expanded area only; and (4) the permit or approval may be suspended, modified, amended, or extended in accordance with this Section or a subsequent ordinance adopted by City Council. The Zoning Administrator is hereby authorized to provide written confirmation of the continued effectiveness of any such permit or approval complying with the above-referenced terms and conditions. No additional conditional use permit or special exception permit shall be required under these circumstances.

(Ord. No. 2021-001, § 1, 1-12-21)

1.

Recreational activity including but not limited to mini golf, pickleball, and ax throwing, may be allowed as an accessory use when it generates less than half the revenue of the principal use, is subordinate to the principal use, and requires patron participation in the principal use for remuneration. Operation of the accessory use may only occur during hours when the principal use is in operation.

2.

Such accessory uses shall be subject to approval of an operations plan by the zoning administrator which establishes: (1) hours of operation for each use, (2) terms and conditions upon which participation in the principal use is a requirement to participation in the accessory use, and (3) a point of contact that may be reached by telephone during all operational hours. The zoning administrator may require the operations plan to include:

a.

A noise abatement plan, including use of a noise monitoring device;

b.

A neighborhood response plan for complaints;

c.

A security plan;

d.

A sanitation plan.

The operational plan may be amended from time to time so long as the requirements of this section are met, upon consent of the owner and zoning administrator.

3.

Proof that the accessory use is subordinate, including proof of the income generated by the principal and accessory use, shall be provided to the zoning administrator upon request. Techniques and devices used to artificially skew revenue 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 admission for the principal use with participation in the accessory use, sham transactions or sales, misstatement of value by inflating prices associated with the principal use above prices generally prevailing as to the use, services, or goods associated with the principal use, sham transactions, etc.

(Ord. No. 2023-225, § 1, 11-14-23)

In all base zoning districts, a pool may be approved by the Zoning Administrator as an accessory use to a permitted principal use, if the Zoning Administrator finds the following conditions have been met:

a.

In-ground pools. Pools not elevated above existing grade may be located within building setbacks, critical line buffer setbacks and visual buffer zone setbacks but shall not be located within landscape buffers, critical line buffers or a visual buffer zone. Wall elements on in-ground pools, such as waterfalls, may be located within building setbacks. For in-ground pools with pool sections that are elevated above existing grade, such as spas, the elevated sections shall not encroach into required side setbacks and shall meet rear setback requirements of the base zoning district or 10', whichever is less.

b.

Above-ground pools. Pools elevated above existing grade shall not encroach into required side setbacks and shall meet rear setback requirements of the base zoning district or 10', whichever is less.

(Ord. No. 2025-087, § 3, 6-17-25)

a.

Intent. The A Overlay Zone is intended to identify those areas within the City limits where accommodations uses are allowed. Accommodation uses are prohibited except within the A Overlay Zone, with the exception of short term rentals and bed and breakfasts that are approved in accordance with the provisions of sections 54-208, 54-208.1, 54-208.2, 54-208.3, 54-224. b.1 or 54-227. The City places a high value on the preservation of the character of its residential districts. Outside of its residential districts, the City places a high value on the preservation and creation of a diverse mix of uses, containing a balance of uses comprised of retail uses, office uses, service industry uses, educational uses, cultural uses, and appropriate residential uses. Potential negative impacts of accommodations uses affecting residential districts shall be avoided or minimized to the greatest extent possible, and, outside residential districts, accommodations uses shall contribute to preservation or creation of diverse, mixed-use districts. The City places a high value on assuring that its residents have access to housing that is safe and decent and affordable to persons of all income levels. While accommodations uses are a source of jobs, many, if not most, of the jobs created are low-paying, with minimal benefits, heightening the need for housing that is attainable by those employed in the field of accommodations uses and rendering it necessary and proper for accommodations uses to reasonably contribute to the creation of housing affordable for its workforce. The City places a high value on maintaining a free and safe flow of traffic and the availability of parking spaces convenient to residents, patrons, workers and visitors. As accommodations uses give rise to employees often having to drive to reach the workplace, to assist in the maintenance of a free and safe flow of traffic and convenient parking, it is necessary and proper and in furtherance of good order that accommodations uses provide a plan for parking employees and/or promoting the use of public transportation.

b.

Permitted uses. In any Accommodations overlay zone, land may be used and buildings or structures may be erected, altered or used for any purpose allowed by the base zoning district as listed in Article 2: Part 3, and the following uses, subject to the approval of the Board of Zoning Appeals-Zoning:

1.

Accommodations uses. The Board of Zoning Appeals-Zoning may permit accommodations uses as an exception where it finds that:

(a)

the accommodations use will not result in a net loss of dwelling units that have been occupied within five years of the date of application for the exception; provided however, the BZA-Z may approve the alteration or replacement of such existing dwelling units on the same site as the accommodations use, or within a radius of one quarter (¼) mile from the site if the proposed off site location does not result in an over concentration of low income households, as defined by the U.S. Department of Housing and Urban Development, as adjusted by the Department of Housing and Community Development; and provided further, the BZA-Z shall require any such alteration or replacement to include dwelling units of substantially the same size and type of those being altered or replaced and shall require that no certificate of occupancy shall be issued for the accommodations uses until either a certificate of occupancy has been issued for all dwelling units being altered or replaced or irrevocable bonds or letters of credit in favor of the City in amounts equivalent to one hundred twenty-five (125%) per cent of the costs to complete construction or renovation of the dwelling units, as determined by the Chief Building Inspector, has been filed with the City.

(b)

the accommodations use, if located in the Accommodations Overlay on the peninsula, will not reduce or displace more than 25% of office space that has been used for such purpose within five years of the application for the exception;

(c)

the accommodations use, if located in the Accommodations Overlay on the peninsula, will not displace more than 25% of the linear frontage of existing ground floor storefront retail space on the property;

(d)

the location of the accommodations use will not significantly increase automobile traffic on streets within residential districts;

(e)

the location of the accommodations use will contribute to the maintenance, or creation, of a diverse mixed-use district;

(f)

the total square footage of interior and exterior floor area for restaurant and bar space in the proposed accommodations use, including restaurant/bar patron use areas, bar areas, kitchen, storage, and bathroom facilities, shall not exceed 12 percent of the total interior, conditioned floor area in the accommodations use, except that each accommodations use shall be permitted to exempt from the calculation of total restaurant floor area one interior, ground floor restaurant tenant space if the total tenant space does not exceed 2,000 square feet, the restaurant tenant does not serve alcoholic beverages, and the exempt restaurant tenant space is clearly labeled with these restrictions on the floor plans submitted with the application for this zoning special exception;

(g)

the accommodations use proposed guest drop off and pick up area(s) is located outside the public right-of-way and on the property utilized for the accommodations use if the accommodations use contains more than 50 sleeping units, and if 50 sleeping units or less, the proposed guest drop off and pick up area(s) are located outside the public right-of-way if feasible, and the location and design of the guest drop-off and pick-up area(s) has been reviewed by the Department of Traffic and Transportation and determined to be safe and not be an impediment to traffic and that every effort has been made to minimize traffic impacts;

(h)

the total number of sleeping units within the buildings or structures on the lot or parcel in which the accommodations use is located is equal to or exceeds ten (10) sleeping units.

(i)

within areas of the accommodations overlay zone designated as "A-1", "A-2", "A-3", "A-4", "A-5", "A-6", or "A-7" on the zoning map, the number of sleeping units within the buildings or structures on the lot or parcel in which the accommodations use is located shall not exceed 50 in areas designated "A-1"; 180 in areas designated "A-2"; 225 in areas designated "A-3"; 100 in areas designated "A-4"; 150 in areas designated "A-5"; 69 in areas designated "A-6"; and 175 in areas designated "A-7"; provided, however, that within the portion of the area designated "A-1" bounded by King Street on the west, Meeting Street on the east, Mary Street on the south and Line Street on the north (the "Full-Service Corridor"), the number of sleeping units within the buildings or structures on the lot or parcel in which the accommodations use is located may exceed 50, but shall not exceed 250, if the accommodations use qualifies as a Full-Service Hotel, meaning that the accommodations use provides 20,000 or more square feet of meeting, conference and banquet space of which 15,000 square feet thereof is contiguous, an on-site restaurant that serves breakfast, lunch and dinner seven days a week and other services such as a concierge, a spa/health club, laundry, turndown service, newspaper delivery, security personnel and airport shuttle; and in no event shall any accommodations use on the peninsula exceed 250 sleeping units;

(j)

the proposed accommodations use will not share any of its buildings, structures, facilities, or operations with another accommodations use;

(k)

(1)

The proposed accommodations use, if located in the accommodations overlay on the peninsula, incorporates meeting and conference space at a ratio of 400 square feet per 10 sleeping units, or fraction thereof, with respect to the first 150 sleeping units, and incorporates meeting and conference space at a ratio of 1000 square feet for every 10 sleeping units, or fraction thereof, exceeding 150 sleeping units. In either case, at least 75% of the meeting and conference space shall be contiguous;

(2)

Notwithstanding subsection k(1) hereof, if the accommodations use contains more than 50 sleeping units and is located in the Full-Service Corridor, the provisions of subsection (i) hereof shall govern the square footage of required meeting and conference space;

(l)

the proposed accommodations use will not result in there being more than eight (8) Full-Service Hotels on the peninsula, inclusive of those Full-Service Hotels existing on the peninsula and those with approved special exceptions as of the effective date of the ordinance from which this section derives; for purposes of this subsection (l) only, a Full-Service Hotel means a Full-Service Hotel as defined in subsection (i) having in excess of 150 sleeping units; and

(m)

to assist in providing affordable housing opportunities for its employees, the applicant for the accommodations use commits to contribute to the City of Charleston Affordable/Workforce Housing Account a fee payable upon the issuance of a Certificate of Occupancy, calculated as follows: $5.10 per square foot of area used for sleeping units and the hallways adjacent to sleeping units, stairwells and elevators.

c.

Application requirements. In making the findings required in subsection b.1, the Board of Zoning Appeals-Zoning shall consider the following information to be provided by the applicant in site plans, floor plans and building elevations that will govern the construction of the building in which the accommodations use is located, along with a detailed written assessment report to be submitted with the application:

1.

The number of existing dwelling units on the property, including units on the property that were occupied as dwelling units within five years of the date of the application for the exception, the type of unit (rental or owner-occupied; one-family detached; one-family attached; two-family or multi-family; occupied or unoccupied), by income range of the most recent occupant(s), the rental price for rental units and market price for owner occupied units relative to the area median income figures that are determined annually by the U.S. Department of Housing and Urban Development and adjusted by the City of Charleston Department of Housing and Community Development, or its successor, the physical condition of the units (sound, deficient, deteriorated or dilapidated), the square footage and number of bedrooms in each unit, and if the units are proposed to be physically altered or replaced, a description and plan showing the square footage and number of bedrooms in the altered or replaced units, and their location;

2.

The effect of the physical alteration or replacement or relocation of dwelling units on the housing stock of a particular type on the property and whether a condition should be attached to a special exception approval for the accommodations use requiring a minimum percentage of the dwelling units on the property or replaced off-site to remain affordable based on the annually updated median area income values;

3.

The presence of office space on the property, or the presence of spaces on the property that were occupied as office spaces within five years of the date of application for the exception;

4.

The linear frontage of existing ground floor storefront retail space on the property;

5.

The location and design of guest drop off and pick up areas for the accommodations use;

6.

The cumulative number of vehicle trips generated by the proposed accommodations use and other accommodations uses that are either existing or approved within an area identified by the Department of Traffic and Transportation, the traffic circulation pattern serving the accommodations use and efforts made to minimize traffic impacts;

7.

The distance of the main entrance and parking entrance of the accommodations use from a road classified as an arterial or collector road;

8.

The land uses within five hundred feet (500') of the accommodations use, to include the location, square footage, and number of rooms in existing accommodations uses and accommodations uses that have been approved;

9.

The proximity of residential districts to the accommodations use;

10.

The accessory uses proposed for the accommodations use, such as restaurants, spas, bars, pools and the like, in terms of their location, size, impact on parking, traffic generation, noise or odors in or to a residential district;

11.

The demonstrated provision of off-street parking at the rate of two spaces that meet the design requirements of section 54-318 for each three sleeping units, provided however, the utilization of mechanical or other means of parking that meet the ratio of two spaces for each three sleeping units shall be allowed;

12.

The presence of industrial uses and uses which use, store, or produce toxic or hazardous materials in quantities in excess of those specified by the EPA listing of toxic and hazardous materials, within five hundred feet (500') of the accommodations use;

13.

The commitment to environmental sustainability and recycling;

14.

The distance of the accommodations use from major tourist attractions;

15.

The distance of the accommodations use from existing or planned transit facilities;

16.

The long term provision of on- or off-site parking for employees who drive vehicles to work, including an estimate of the number of employees that will drive to work during the maximum shift and the location of parking spaces to be provided, and the demonstrated provision of free transit passes or other incentives to encourage employee use of public transportation;

17.

The number of sleeping units proposed as part of the accommodations use;

18.

The provision of shuttle bus services to and from the Historic Districts by accommodations uses with more than 50 sleeping units located outside the area designated "A-1" through "A-6" on the zoning map;

19.

The commitment to make affirmative, good faith efforts to see that construction and procurement opportunities are available to MBEs (minority business enterprises) and WBEs (women business enterprises) as outlined in section 2-268 (e)(1), (2), and (3) of the Code of the City of Charleston;

20.

The commitment to make affirmative, good faith efforts to hire personnel, representative of the population of the Charleston community, at all employment levels.

d.

Violations: In addition to any remedies otherwise available to the City under State law or the City Code, a violation by the owner or operator of the accommodations use of any provisions or conditions of an exception granted hereunder, to include any deviation from the plans and written assessment as required by subsection c. hereof, shall subject the owner or operator of the accommodations use to having its business license and/or certificate of occupancy revoked.

e.

Applicability: The provisions of this Section 54-220 shall apply to special exceptions for accommodations uses granted by the Board of Zoning Appeals-Zoning after May 28, 2019, it being the intent of City Council that special exceptions approved by the Board of Zoning Appeals-Zoning prior to May 28, 2019 be entitled to and governed by the vested rights provisions accorded by Article 9, Part 5 of this Chapter. The provisions of this Section 54-220 shall not apply to Planned Unit Developments that include accommodations uses as an authorized use that were approved as of May 28, 2019.

(Ord. No. 1998-76, § 2, 4-28-98; Ord. No. 1999-02, §§ 3—5, 1-12-99; Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 2006-428, §§ 6—8, 9-26-06; Ord. No. 2007-204, § 1, 11-20-07; Ord. No. 2012-41, § 5, 1-24-12; Ord. No. 2013-93, §§ 1—6, 9-24-13; Ord. No. 2013-93, §§ 1—6, 9-24-13; Ord. No. 2017-093, § 1, 8-15-17; Ord. No. 2018-008, § 1, 2-13-18; Ord. No. 2018-043, § 11, 4-10-18; Ord. No. 2019-094, § 1, 10-8-19; Ord. No. 2020-064, § 1, 5-26-20; Ord. No. 2023-084, § 1, 5-9-23)

a.

Intent. The intent of the tour boat overlay zone is to restrict tour boat facilities on the peninsula to appropriate locations.

b.

Defined. A tour boat facility is the use of land, the structures thereon, docks, wharfs, or other such appurtenances for the purpose of embarking or disembarking of passengers for hire aboard boats for transportation to and from historic sites, or for the purpose of viewing, in Charleston harbor or the rivers or lands adjacent thereto.

c.

Restrictions. In the peninsula of the City of Charleston in the area bounded by the Ashley River, the Cooper River, and U.S. Highway 17, land may be used and buildings or structures may be erected, altered, or used for tour boat facilities only in districts delineated on the zoning grid maps of the City of Charleston as Tour Boat Overlay Zones.

In any Johns Island Overlay Zone, land may be used and buildings or structures may be erected, altered or used for any purpose allowed by the underlying zoning district as listed in Article 2: Part 3.