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Charleston City Zoning Code

ARTICLE 7

OFFICIAL ROAD PLAN

Sec. 54-701.- Intent.

The purpose of this article is to provide for the identification and reservation of land for the future location, expansion or improvement of streets, roads, highways or other public ways in order to promote and preserve the public safety, economy, order, appearance, convenience, prosperity and general welfare and is adopted pursuant to the authority of South Carolina Code Section 6-7-1210, et seq (1976), as amended.

Sec. 54-702. - Establishment of official road plan maps.

There is hereby established an official map to be known as the "Official Road Plan Map," which map, as may be hereafter supplemented, shall designate existing or proposed public streets or ways within the City that are targeted for creation, expansion or other improvements. The Official Road Plan Map shall initially consist of a series of eight (8) separate maps which are hereby adopted as the Official Road Plan Map and which shall be deemed a part of the Zoning Ordinance and filed in the office of Planning and Preservation, with a duplicate copy being filed in the Department of Traffic and Transportation.

The Official Road Plan Map may be modified or supplemented pursuant to the procedure for modifying or supplementing the Zoning Ordinance; provided however, that the Planning Commission shall report to City Council on proposed changes or modifications within thirty (30) days of its receipt of such proposed change or modification, and failing to do so, it shall be deemed to have recommended approval of such proposed change or modification.

The adoption of the Official Road Plan Map shall not be deemed to constitute the opening, establishment, improvement or expansion of any street or other public way or the taking or accepting of any land for such purpose.

(Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 2025-086, § 1, 6-17-25)

Sec. 54-703. - Applicability of regulations.

After the effective date hereof, no permit shall be issued for the construction, improvement, repair or moving of any building or structure and no change in land use shall be made on any land located within the lines of those streets or public ways designated on the Official Road Plan Map.

After the effective date hereof, all subdivision plats and site plans which include properties that are shown on the Official Road Plan Map as proposed or improved streets or other public ways shall designate such on the subdivision plat or site plan.

To the extent that an owner of property refrains from utilizing such part of his land that is located within the lines of the proposed streets or public ways designated on the Official Road Plan Map in order to accommodate the creation, expansion or other improvement to the street or public way that is not required as a result of the owner's proposed development or use of this property, then such owner shall nonetheless be entitled to utilize such land for purposes of signage, overflow parking and the applicable portion of landscaping requirements; provided however, that applicable setback provisions shall be measured from the boundary of the proposed created, expanded or improved street or public way. Nothing herein shall be construed, however, to relieve an owner of property from bearing all costs incident to a right-of-way dedication, including engineering and construction costs, when such dedications are required to serve the additional traffic as may be generated by the owner's development. Under no circumstances shall an owner of property be required to pay the expense of any creation or improvement to any street or public way which is not directly related to the owner's proposed use of his property.

Sec. 54-704. - Appeal.

In cases where any permit has been refused under the provisions of Section 54-703, the following appeal procedure may be utilized by any affected property owner:

a.

An appeal, delineating such grounds as the applicant may deem worthy, shall be presented to the Planning Commission.

b.

The Planning Commission shall evaluate the appeal and make a report, within thirty (30) days, to City Council and to any other appropriate public agency. If no report is made within thirty (30) days, the Planning Commission shall be deemed to have recommended that the appeal be granted.

c.

The Planning Commission's report shall recommend:

1.

That City Council take official action to exempt the affected land from the restrictions of the Official Road Plan Map; or

2.

That City Council take official action to authorize the issuance of desired permits, subject to specified conditions accepted by the owner; or

3.

That City Council initiate the appropriate action to acquire the property.

d.

Upon receipt of the report of the Planning Commission, the City Council shall, within one hundred (100) days:

1.

Take official action to exempt the affected land from the restrictions of the Official Road Plan Map; provided, that such exemption shall have no affected on any applicable zoning restrictions pertaining to permitted uses; or

2.

Take official action to authorize the issuance of the denied permit subject to specified conditions which are accepted by the owner; provided, that such conditions shall not be contrary to any applicable zoning restrictions pertaining to permitted uses; or

3.

Either enter into an agreement to acquire or institute condemnation proceedings to acquire the property affected.

Action to acquire such property may be instituted by City Council or such other public agency, as may be appropriate.

Failure of City Council to act within one hundred (100) days of the receipt of the report of the Planning Commission shall be deemed to constitute approval of the proposed appeal. Thereupon, a denied permit shall be issued upon demand.

(Ord. No. 1999-54, § 4, 4-27-99)

Sec. 54-705. - Exemption.

After the effective date hereof, any property owner owning property located within the lines of any street or other public way as may be designated on the Official Road Plan Map may apply to the Planning Commission for exemption of such property from the restrictions of the Official Road Plan Map. When such application has been made, the following procedure shall be utilized:

a.

The Planning Commission shall evaluate the application and make a report within thirty (30) days to City Council, and to any such other public agency as may be appropriate. If no report is made within thirty (30) days of receipt of the application, the Planning Commission shall be deemed to have recommended that the application for exemption be granted.

b.

The Planning Commission's report shall recommend:

1.

That City Council take official action to exempt the affected property from the restrictions of the Master Road Plan Map; or

2.

That City Council initiate action to acquire the property.

c.

Upon receipt of the report of the Planning Commission, the governing authority shall, within seventy-five (75) days:

1.

Take official action to exempt the affected property from the restrictions of the Official Road Plan Map; provided, that such exemption shall have no effect on any applicable zoning restrictions pertaining to permitted uses; or

2.

Either enter into an agreement to acquire or institute condemnation proceedings to acquire the property affected. Any action to acquire such property may be instituted by City Council or such other public agency as may be appropriate.

Failure of City Council to act within seventy-five (75) days of the receipt of the report of the Planning Commission shall be deemed to constitute the granting of the application.

(Ord. No. 1999-54, § 4, 4-27-99)