LAND DEVELOPMENT PLAN REVIEW1
Editor's note— Ord. No. 1999-54, § 9, adopted Apr. 27, 1999, amended this article in its entirety, in effect repealing former Art. 6, §§ 54-601—54-605, relative to site plan review, and enacting new provisions in lieu thereof as herein set out.
All land development plans must be approved by the zoning administrator, or the Technical Review Committee, as described in Section 54-604, prior to the issuance of a building permit.
(Ord. No. 1999-54, § 9, 4-27-99)
A committee, hereafter referred to as the Technical Review Committee or TRC, is hereby established for the purpose of reviewing and approving land development plans as required by this Article. The committee shall consist of representatives from the Departments of Planning and Preservation; Executive; Fire; Information Technology; Parks; Public Service; Stormwater Management; and Traffic and Transportation, as appointed by the Mayor.
The Technical Review Committee is charged with the responsibility of reviewing the land development plan of all developments covered by this Article to assure compliance with all applicable City codes and regulations. The Technical Review Committee shall meet at such times and adhere to such rules and regulations as may be set by City Council.
(Ord. No. 1999-54, § 9, 4-27-99; Ord. No. 2016-006, § 1, 1-12-16; Ord. No. 2018-149, § 10, 11-27-2018; Ord. No. 2025-086, § 1, 6-17-25)
The intent of land development plan review is to encourage the arrangement of buildings, structures, open space, off-street parking, lighting, landscaping, ingress and egress, and drainage on a site in a manner that will promote the public health, safety, convenience and welfare by establishing a uniform system of review of proposed construction in the City of Charleston. The zoning administrator or Technical Review Committee is empowered to consult with other public agencies that may have jurisdiction over a proposed development, provided that notice of the intent to do so is given the applicant. Land developments to which this Article applies shall comply with all provisions of this Article and the official manual referenced in Section 54-606, as well as those of other applicable City codes and regulations, prior to any construction being undertaken.
(Ord. No. 1999-54, § 9, 4-27-99)
a.
TRC approval is required when:
1.
any new building(s) construction or site improvement(s) is undertaken on land within the City of Charleston, save repairs or renovations not exceeding the requirements of 54-604.b, which follows; or
2.
any construction or renovation results in a building addition to an existing building where the footprint of the new building is two thousand (2,000) or more square feet in area; or
3.
any construction or development results in changes to traffic circulation, internal or external, to the development site, specific to changes to or additions of curb cuts, site access, drive-thru lanes; or
4.
any construction, development, or redevelopment that requires a Type II or Type III Construction Activity Application as prescribed in the City's Stormwater Design Standards Manual; or
5.
TRC approval is required by the zoning classification of a given site, specific to a PUD, Neighborhood District, Gathering Place District and Upper Peninsula District; or
6.
TRC approval is required by restrictive covenants applicable to a given site; or
7.
any construction of a new building or building addition on the peninsula or in an area identified as a Special Protection Area by the Department of Stormwater Management results in a total of three or more dwelling units on a single lot;
8.
single-family or two-family dwelling unit construction results in a total of four or more units on a single lot.
9.
any linear construction project, specific to sidewalks, multi-use paths, utility lines, surface or subsurface drainage systems, exceeds a continuous length of 100 feet or requires the platting of a new easement; excluding construction projects in existing easements except that such projects may require a Construction Activity Application approval
b.
The following development(s) are exempt from requiring TRC approval but shall still require the approval of the Zoning Administrator:
1.
dwelling unit construction not exceeding the requirements of section 54-604, a.7. or 8;
2.
small storage structures or garages that do not exceed five hundred (500) square feet in area; and
3.
routine repairs and maintenance that do not exceed the provisions of 54-604.a.2. above.
(Ord. No. 1999-54, § 9, 4-27-99; Ord. No. 2003-70, § 1, 8-19-03; Ord. No. 2005-337, § 1, 8-16-05; Ord. No. 2016-006, § 2, 1-12-16; Ord. No. 2021-097, § 1, 7-20-21)
No site clearing, filling, grading, material deliveries or construction shall be initiated on any site until approval, as required by this Article, is obtained or permission is granted by the zoning administrator or TRC, for those plans requiring TRC approval, and the necessary permits are issued.
Nothing herein shall be construed, however, to prohibit such site clearing or altering as may be necessary for purposes of conducting pre-development studies, such as geotechnical tests, soil borings, percolation tests, tests related to the determination of a critical line or wetland or similar tests.
(Ord. No. 1999-54, § 9, 4-27-99)
Procedures for the review of land development plans by TRC and the information required shall be set forth in a Manual on file with the Zoning Administrator. Copies shall be made available to the public. Procedures and information requirements used by the TRC shall be the minimum procedures and requirements necessary to allow thorough review of land development plans for compliance with all applicable city codes.
(Ord. No. 1999-54, § 9, 4-27-99; Ord. No. 2000-70, § 1, 5-23-00; Ord. No. 2003-70, §§ 2, 3, 8-19-03; Ord. No. 2003-102, § 1, 11-12-03; Ord. No. 2016-006, § 3, 1-12-16)
Staff or TRC actions to approve or disapprove a land development plan may be appealed to the planning commission by any party in interest. The planning commission shall act on the appeal within sixty days of the action being appealed and the action of the planning commission is final. An appeal from the decision of the planning commission may be taken to circuit court within thirty days after actual notice of the decision.
(Ord. No. 1999-54, § 9, 4-27-99)
TRC approval shall remain valid for two (2) years from the date of approval, unless extended in accordance with Section 54-962 hereof.
(Ord. No. 2005-99, § 3, 6-21-05)
LAND DEVELOPMENT PLAN REVIEW1
Editor's note— Ord. No. 1999-54, § 9, adopted Apr. 27, 1999, amended this article in its entirety, in effect repealing former Art. 6, §§ 54-601—54-605, relative to site plan review, and enacting new provisions in lieu thereof as herein set out.
All land development plans must be approved by the zoning administrator, or the Technical Review Committee, as described in Section 54-604, prior to the issuance of a building permit.
(Ord. No. 1999-54, § 9, 4-27-99)
A committee, hereafter referred to as the Technical Review Committee or TRC, is hereby established for the purpose of reviewing and approving land development plans as required by this Article. The committee shall consist of representatives from the Departments of Planning and Preservation; Executive; Fire; Information Technology; Parks; Public Service; Stormwater Management; and Traffic and Transportation, as appointed by the Mayor.
The Technical Review Committee is charged with the responsibility of reviewing the land development plan of all developments covered by this Article to assure compliance with all applicable City codes and regulations. The Technical Review Committee shall meet at such times and adhere to such rules and regulations as may be set by City Council.
(Ord. No. 1999-54, § 9, 4-27-99; Ord. No. 2016-006, § 1, 1-12-16; Ord. No. 2018-149, § 10, 11-27-2018; Ord. No. 2025-086, § 1, 6-17-25)
The intent of land development plan review is to encourage the arrangement of buildings, structures, open space, off-street parking, lighting, landscaping, ingress and egress, and drainage on a site in a manner that will promote the public health, safety, convenience and welfare by establishing a uniform system of review of proposed construction in the City of Charleston. The zoning administrator or Technical Review Committee is empowered to consult with other public agencies that may have jurisdiction over a proposed development, provided that notice of the intent to do so is given the applicant. Land developments to which this Article applies shall comply with all provisions of this Article and the official manual referenced in Section 54-606, as well as those of other applicable City codes and regulations, prior to any construction being undertaken.
(Ord. No. 1999-54, § 9, 4-27-99)
a.
TRC approval is required when:
1.
any new building(s) construction or site improvement(s) is undertaken on land within the City of Charleston, save repairs or renovations not exceeding the requirements of 54-604.b, which follows; or
2.
any construction or renovation results in a building addition to an existing building where the footprint of the new building is two thousand (2,000) or more square feet in area; or
3.
any construction or development results in changes to traffic circulation, internal or external, to the development site, specific to changes to or additions of curb cuts, site access, drive-thru lanes; or
4.
any construction, development, or redevelopment that requires a Type II or Type III Construction Activity Application as prescribed in the City's Stormwater Design Standards Manual; or
5.
TRC approval is required by the zoning classification of a given site, specific to a PUD, Neighborhood District, Gathering Place District and Upper Peninsula District; or
6.
TRC approval is required by restrictive covenants applicable to a given site; or
7.
any construction of a new building or building addition on the peninsula or in an area identified as a Special Protection Area by the Department of Stormwater Management results in a total of three or more dwelling units on a single lot;
8.
single-family or two-family dwelling unit construction results in a total of four or more units on a single lot.
9.
any linear construction project, specific to sidewalks, multi-use paths, utility lines, surface or subsurface drainage systems, exceeds a continuous length of 100 feet or requires the platting of a new easement; excluding construction projects in existing easements except that such projects may require a Construction Activity Application approval
b.
The following development(s) are exempt from requiring TRC approval but shall still require the approval of the Zoning Administrator:
1.
dwelling unit construction not exceeding the requirements of section 54-604, a.7. or 8;
2.
small storage structures or garages that do not exceed five hundred (500) square feet in area; and
3.
routine repairs and maintenance that do not exceed the provisions of 54-604.a.2. above.
(Ord. No. 1999-54, § 9, 4-27-99; Ord. No. 2003-70, § 1, 8-19-03; Ord. No. 2005-337, § 1, 8-16-05; Ord. No. 2016-006, § 2, 1-12-16; Ord. No. 2021-097, § 1, 7-20-21)
No site clearing, filling, grading, material deliveries or construction shall be initiated on any site until approval, as required by this Article, is obtained or permission is granted by the zoning administrator or TRC, for those plans requiring TRC approval, and the necessary permits are issued.
Nothing herein shall be construed, however, to prohibit such site clearing or altering as may be necessary for purposes of conducting pre-development studies, such as geotechnical tests, soil borings, percolation tests, tests related to the determination of a critical line or wetland or similar tests.
(Ord. No. 1999-54, § 9, 4-27-99)
Procedures for the review of land development plans by TRC and the information required shall be set forth in a Manual on file with the Zoning Administrator. Copies shall be made available to the public. Procedures and information requirements used by the TRC shall be the minimum procedures and requirements necessary to allow thorough review of land development plans for compliance with all applicable city codes.
(Ord. No. 1999-54, § 9, 4-27-99; Ord. No. 2000-70, § 1, 5-23-00; Ord. No. 2003-70, §§ 2, 3, 8-19-03; Ord. No. 2003-102, § 1, 11-12-03; Ord. No. 2016-006, § 3, 1-12-16)
Staff or TRC actions to approve or disapprove a land development plan may be appealed to the planning commission by any party in interest. The planning commission shall act on the appeal within sixty days of the action being appealed and the action of the planning commission is final. An appeal from the decision of the planning commission may be taken to circuit court within thirty days after actual notice of the decision.
(Ord. No. 1999-54, § 9, 4-27-99)
TRC approval shall remain valid for two (2) years from the date of approval, unless extended in accordance with Section 54-962 hereof.
(Ord. No. 2005-99, § 3, 6-21-05)