Where the owner of a lot at the time of the adoption of this chapter or his successor in title thereto does not own sufficient land to enable him to meet the minimum lot size requirements of this chapter the board of zoning appeals may upon approval of site plan deemed not in conflict with the intent and purposes of this ordinance authorize any use permitted in the district in which the lot is located.

(Ord. No. 1999-54, § 4, 4-27-99)

If two or more adjoining and vacant lots with continuous frontage are in a single ownership at any time after the adoption of the chapter and such lots individually are less than the required minimum width, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots, in one ownership shall be subject to the requirements of this chapter.

Nothing in the area requirements of this chapter relating to lot area per family shall be held to prohibit the erection of one-family dwelling upon an existing lot of record the area of which is less than that prescribed as the lot area per family; provided that such lot at the time of passage of this chapter was held under a separate ownership from the adjoining lots; or provided that at the time of the passage of this chapter the majority of lots fronting on the same street and adjacent intersecting streets are held under separate ownership and are of the same or less area than the lot in question.

In all areas covered by this Zoning Ordinance, except in those areas covered by the Old City Height Districts as described in 54-305, the following exceptions shall apply:

a.

The height limitations of this Chapter shall not apply to church spires, belfries, cupolas and domes not intended or used for human occupancy; monuments, water towers, observation towers, transmission towers, masts and aerials, provided that such uses are not within the aircraft landing approach zone. Whenever any of the above uses are proposed within aircraft approach zones, an applicant must submit written approval received from the proper aeronautical authorities before a building permit may be issued.

b.

In any General Business, Gathering Place, Urban Commercial, Business Park, or Light Industrial district, the maximum height for a communication tower shall be determined by Section 54-207, c. In any Heavy Industrial district, the maximum height for a communication tower shall not exceed four hundred (400) feet provided the tower is located no closer to a residential or conservation zoned property than a distance equal to one-half (½) the height of the proposed tower and no closer to the centerline of a public right-of-way than a distance equal to one-third (⅓) the height of the proposed tower. In any Light Industrial or Heavy Industrial district, the maximum height of any other non-residential structure may be increased to eighty (80) feet provided the structure is set back from all property lines a minimum distance equal to the total height of the structure.

c.

In any Conservation, RR-1, SR-1, SR-2, SR-6, SR-7 and STR zoning district, the height of a dwelling may be increased to forty (40) feet, but not exceed 2½ stories, provided that the width of each side yard required by Table 3.1 for the districts in which the building is located is increased a distance equal to at least two times the added height of the buildings above the thirty-five (35) foot limitation of the district.

d.

Properties in the Conservation, RR-1, SR-1, SR-2, SR-6, SR-7 and STR zoning districts located within a Flood Insurance Rate Map (FIRM) special flood hazard area shall be permitted to have dwellings with a maximum height, not to exceed forty-seven (47) feet or 2½ stories, whichever is less, based on the following formula: (FIRM base flood elevation + two feet of additional freeboard - lowest curb line elevation adjacent to the site + 35).

e.

Properties in the Conservation, RR-1, SR-1, SR-2, SR-6, SR-7 and STR zoning districts located within a Flood Insurance Rate Map (FIRM) special flood hazard area where the elevation of the crawl space floor is not more than one and one-half (1½) feet above the FIRM Base Flood Elevation prescribed by the FIRM, as defined in Section 27-103 of the Code of the City of Charleston, shall be permitted to have a crawl space exceeding six (6) feet in height that does not count as a story, provided the building height limitation in feet for the zoning district is not exceeded.

f.

In any General Office, Limited Business, General Business, Urban Commercial, Light Industrial or Heavy Industrial district, the height limitation for public buildings, churches, hospitals or schools may be increased to eighty (80) feet, but not exceed six (6) stories; provided that the width of each side yard and rear yard is at least twenty-five (25) feet. In addition, the Commercial Corridor Design Review Board is authorized to permit architectural features such as parapets, cupolas, roof structures, and other similar features, on the above referenced buildings under their review authority, to exceed the eighty (80) foot height limitation but not exceed a total building height of ninety-five (95) feet.

g.

In any General Office, Limited Business, General Business, Urban Commercial, Light Industrial or Heavy Industrial district, the Commercial Corridor Design Review Board is authorized to permit architectural features such as parapets, cupolas, roof structures, and other similar features, on any building under their review authority, to exceed the fifty-five (55) foot height limitation but not exceed a total building height of seventy (70) feet.

h.

In any business or industrial district, the height limitation of the district may be exceeded by structures requiring special design on account of their particular use in industry or commerce such as chimneys, stacks, grain elevators, detached water or wireless towers, provided they otherwise comply with the regulations prescribed.

i.

In any business or industrial district, chimneys, stacks, elevator bulkheads, elevator penthouses, stair towers, gas or water towers, cooling towers, stage towers or scenery lofts, and other necessary mechanical appurtenances, where permitted by the use regulations of this Chapter and when erected upon and as an integral part of the building, may be erected or extended above the height limit of the district; provided that any such structure shall be set back from the vertical plane of the permitted building setback line one (1) foot horizontally for each two (2) feet of extra height.

(Ord. No. 1998-219, § 1, 12-15-98; Ord. No. 1999-22, §§ 7, 8, 3-10-99; Ord. No. 2001-44, §§ 8, 9, 5-8-01; Ord. No. 2001-62, § 2, 6-19-01; Ord. No. 2006-427, §§ 7—10, 9-26-06; Ord. No. 2007-119, § 3, 6-19-07; Ord. No. 2014-153, § 3, 12-2-14; Ord. No. 2020-088, § 1, 7-28-20; Ord. No. 2021-172, § 3, 12-7-21)

a.

Exception for cornice or roof overhangs. In measuring the width and depth of the setbacks prescribed herein, a cornice or roof overhang, projecting not more than twelve inches, or a fence or wall, shall not be held to reduce such required dimensions.

b.

Exception to front setback requirements. Notwithstanding the setback requirements of this Chapter, the front building line of any proposed building may be as close to the street as the front building line of the next adjacent building on the same side of the same street, either to the right or to the left, whichever is closer to the street, provided, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of three (3) feet and fifteen (15) feet shall be permitted within fifteen (15) feet of the intersection of the right-of-way lines of two streets or railroads or of a street intersection with a railroad right-of-way line. Necessary traffic and directional signs shall not be included in this requirement.

c.

Exception to side setback requirements in residential zones. Notwithstanding the setback requirements of this Chapter for residential zoning districts, a rear residential building addition may meet the same north or east side yard setback as the existing building onto which the addition is attached, provided that the length of the addition does not exceed a distance greater than fifty percent (50%) of the length of the existing building, and that the addition meets other applicable zoning requirements.

d.

Exception for porches and exterior stairs in front and rear setbacks. In all residential districts where front setbacks are required except the SR-8 district, porches or exterior stairs may be erected into the required front setback provided they are not closer than ten (10) feet to a front street line, and may be erected into the required rear setback provided they are not closer to an adjoining property line that the larger side setback requirement for that district or ten (10) feet, whichever is greater. In the SR-8 district, porches and exterior stairs may encroach into the required front setback up to ten (10) feet and may be erected into the required rear setback provided they are not closer to an adjoining property line than twelve (12) feet.

e.

Exception to side setback requirements for corner lots. Notwithstanding the setback requirements of this Chapter, a proposed building or buildings on any corner lot may occupy with respect to a side street line the same relative position on such line as a building removed therefrom within the preceding twelve months; provided, no fence, wall, shrubbery, sign, marquee, or other obstruction exists within the vision clearance zone (see Section 54-351).

f.

Exception to side and rear setback requirements for accessory buildings exceeding a footprint of 100 square feet. Notwithstanding the setback requirements of this Chapter, accessory buildings meeting all the conditions listed below, shall be allowed to encroach to within three (3) feet of interior side and rear property lines, except when those property lines abut marshes, rivers or lakes, in which case setback requirements for principal buildings relative to those abutting or encroaching property lines shall apply to all buildings.

1.

Only one accessory building using this exception shall be permitted on a lot; and

2.

Accessory building(s) and principal building shall meet lot occupancy requirements in Table 3.1 of Section 54-301; and

3.

Accessory building shall meet accessory building setback requirements in Table 3.1 of Section 54-301; and

4.

Accessory building height shall not exceed one and one-half (1½) stories and a maximum eave height of eleven (11) feet unless the principal building is two (2) or more stories, in which case the accessory building shall not exceed two (2) stories and a total height of 24 feet measured from the ground to the peak of a gable, hipped, or shed roof. For the purposes hereof, a crawl space in the principal building exceeding six (6) feet in height shall count as a story; and

5.

The footprint of the accessory building (see definition for "building" in Sec. 54-120) shall not exceed 600 square feet in total area; and

6.

Accessory building shall not include a dwelling unit except where additional dwelling units are permitted on the lot by this Chapter; and

7.

Accessory building shall be on same lot as principal building and located to the rear of the principal building.

g.

Exception to side and rear setback requirements for accessory buildings not exceeding a footprint of 100 square feet. Notwithstanding the setback requirements of this Chapter, accessory buildings meeting all the conditions listed below, shall be allowed to encroach to within one and one-half (1½) feet of interior side and rear property lines, except when those property lines abut marshes, rivers or lakes, in which case setback requirements for principal buildings relative to those abutting or encroaching property lines shall apply to all buildings.

1.

Only one accessory building shall be permitted on a lot; and

2.

Accessory building and principal building shall meet lot occupancy requirements in Table 3.1 of Section 54-301; and

3.

Accessory building shall meet accessory building setback requirements in Table 3.1 of Section 54-301; and

4.

Accessory building shall be limited to one (1) story and a maximum eave height of nine (9) feet; and

5.

The footprint of the accessory building shall not exceed 100 square feet in total area; and

6.

Accessory building shall not include a dwelling unit; and

7.

Accessory building shall be on same lot as principal building and located to the rear of the principal building; and

8.

This exception shall not apply to utility platforms.

h.

Exception to side and rear setback requirements for utility platforms. Notwithstanding setback requirements of this Chapter, utility platforms to elevate only HVAC, generator, pool, or similar utility equipment, shall be allowed to encroach to within three (3) feet of interior side and rear property lines, except when those property lines abut marshes, rivers or lakes, in which case setback requirements for principal buildings relative to those abutting or encroaching property lines shall apply to all buildings.

(Ord. No. 2001-44, § 12, 5-8-01; Ord. No. 2005-31, § 1, 2-8-05; Ord. No. 2007-99, § 5, 5-1-07; Ord. No. 2007-172, §§ 5, 6, 9-11-07; Ord. No. 2022-192, § 2, 12-20-22; Ord. No. 2025-087, § 1, 6-17-25)

In recognition of the historical character and intensity of land uses occurring within the city limits on the peninsula, south of a line running along Mount Pleasant Street extended from the Ashley River to Town Creek, the Department of Traffic and Transportation is authorized to grant a total or partial exemption to the vision clearance requirement of Section 54-351, upon a finding by the department that the proposed building encroachment will not create a traffic hazard. Applicants requesting an exemption shall submit to the Department of Traffic and Transportation surveys of the existing conditions at the street intersection(s), including sight distance requirements for the intersection(s) and further traffic studies as deemed necessary by the Department of Traffic and Transportation, and construction drawings showing the proposed encroachment(s).

(Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 2006-10, § 1, 1-10-06)

a.

The number of off-street parking spaces required by this chapter shall not be reduced except with the approval of the Board of Zoning Appeals upon a determination by the Board of Zoning Appeals that the enforcement of the required number of spaces would prevent reasonable use of a lot. In making the determination, the Board of Zoning Appeals shall consider each of the following:

1.

Whether the proposed use is an allowed use in the applicable zoning district;

2.

Whether the existing building(s) as configured on the lot, or the existing building(s) as configured on adjoining lots, make it feasible to provide off-street parking;

3.

Whether street frontage of an existing lot is so limited that a driveway for access to a parking area would unreasonably or impracticably reduce the area available for occupancy by structures;

4.

Whether grant of the special exception will adversely affect neighboring properties;

5.

Whether the applicant has pursued good faith efforts to provide off-street parking.

b.

The type of paving required for parking areas shall not be changed or eliminated except with the approval of the Board of Zoning Appeals, upon a determination by the Board of Zoning Appeals that the requirement for the paving type is unreasonable given the temporary nature of the parking area, the volume of traffic using the parking area, or the lack of adequate stormwater drainage in the area. In making a determination of what type of paving would be suitable, the Board of Zoning Appeals shall consider the type of vehicles which will typically use the parking lot, the anticipated amount of daily or weekly traffic, the drainage conditions of the site and surrounding area, and the character of the property, historic or otherwise, and the surrounding neighborhood.

c.  1.  Intent. A new parking overlay zone, to be known as the Special Parking District, SPD Overlay Zone is hereby established to facilitate the occupancy of buildings existing as of November 30, 2020, within the district.

2.

Exempt properties. Except as set forth in section. 54-511.c.3, buildings on properties located in the Special Parking District Overlay Zone, as shown on the City's zone map, shall be exempt from the minimum off-street parking requirements set forth in section 54-208.1, section 54-220, section 54-317.a and Table 3-3 (Off-Street Parking Requirements).

3.

Exceptions. Notwithstanding Sec. 54-511.c.(2), any building or structure, or any extension or expansion of an existing building or structure, constructed on or after December 1, 2020 shall not be exempt from the minimum off-street parking requirements.

(Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 2021-092, § 1, 7-20-21)

No designated off-street loading space shall be encroached upon by another use nor shall the number of loading spaces be reduced except upon a finding of the Board of Zoning Appeals that the character of an existing lot and the character of intensely developed surrounding properties renders the strict application of the regulations impossible without denying a reasonable use of a particular lot.

(Ord. No. 1999-54, § 4, 4-27-99)

The requirement in Section 54-347.1 for a critical line buffer within the DR-4, DR-12, DR-1, DR-1F, DR-2, DR-2F, RO, GO, CT, LB, GB, UC, MU-1, MU-2, GP, JC, BP, LI, and HI zoning districts, and those areas within the CY district developed for comparable uses as shown on an approved development plan, shall not be reduced except with the approval of the Board of Zoning Appeals upon a finding by the Board that an alternative design, certified by an engineer registered by the State of South Carolina, will have no greater impact on water quality than the impact that would have occurred had there been compliance with the critical line buffer requirements and all of the following conditions are met:

a.

There is a stormwater management plan which addresses, to the satisfaction of the Board based upon a review of the plan by the Technical Review Committee, the design, construction, future maintenance and future monitoring of storm water runoff resulting from the development of the Lot, which has been certified by an engineer licensed by the State of South Carolina.

b.

The project's engineer certifies that the adverse impact on water quality in the adjacent water body of the project is equal to, or less than, what the impact would have been with compliance with the critical line buffer requirements.

c.

The Board shall consider the project's stormwater management plan, the project engineer's certification and such other information as the Board shall elect, in its sole discretion. The Board shall have the right, but not the obligation, to have such information reviewed by an independent engineer and the project applicant shall bear the reasonable cost of such review.

(Ord. No. 2001-14, § 3, 2-27-01; Ord. No. 2002-84, § 7, 8-13-02; Ord. No. 2003-69, § 13, 8-19-03; Ord. No. 2016-102, § 11, 9-13-16)