The boundaries of the use districts included herein shall be shown by one or a series of maps entitled, "Official Zoning Map, City of North Charleston, South Carolina," which together with all explanatory matter thereon is hereby adopted by reference and declared to be a part of this ordinance.

Each map bearing the designation, "Official Zoning Map, City of North Charleston, South Carolina," shall be identified by the signature of the Mayor of the City of North Charleston, attested by the Clerk of Council, and bearing the seal of the City under the words: "Official Zoning Map, City of North Charleston, South Carolina," together with the date of the adoption of this ordinance.

For the purposes of this section, twelve (12) zoning districts are hereby established and termed respectively, class R-1 or single-family residential districts; class R-1A or low-to-medium density residential districts; class R-2 or multi-family residential districts; class R-3 or mobile home residential districts; class ON or neighborhood office districts; class B-1 or limited business districts; B-2 or general business districts; class M-1 or light industrial districts; class M-2 or heavy industrial districts; class PD or planned development districts; class CRD or commercial redevelopment districts; and class AG or agricultural districts, all of which shall be shown on the zoning map. Thirteen (13) overlay zoning districts are hereby established and termed respectively, AR-I or Ashley River Scenic District I; AR-II or Ashley River Scenic District II; AR-III or Ashley River Scenic District III; Dorchester Road Corridor I District; Dorchester Road Corridor II District; Ladson Road Overlay District; University Boulevard Overlay District; Old Village Business Overlay District; Olde North Charleston Historic District; Olde North Charleston Neighborhood Conservation District; West Ashley Overlay District; Rivers Avenue South Overlay District; and Upper 52-78 Overlay District.

No building, land, structure, or premises shall be erected or used except in conformity with the regulations prescribed in this chapter (appendix) for the use districts in which they are located; provided, however, that the city council may, in its discretion, locate its public facilities in any of the classifications established.

(Ord. No. 1985-17, 3-28-85; Ord. No. 1990-36, 7-12-90; Ord. No. 1991-16, 5-9-91; Ord. No. 1995-8, 3-23-95; Ord. No. 1996-22, 5-9-96; Ord. No. 1996-42, 8-22-96; Ord. No. 1997-19, 3-27-97; Ord. No. 1998-70, 8-13-98; Ord. No. 1999-13, 2-25-99; Ord. No. 1999-35A, 8-3-99; Ord. No. 2000-011, 2-24-00; Ord. No. 2006-10, 3-23-06; Ord. No. 2021-009, Exh. A, 2-25-2021; Ord. No. 2021-070, Exh. A, 10-28-2021)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(a)

Boundaries indicated as approximately following the center lines or right-of-way lines of streets, highways, alleys, railways, or public utility easements shall be construed to follow such lines;

(b)

Boundaries indicated as approximately following plotted lot or tract lines shall be construed as following such lines, whether public or private;

(c)

Boundaries indicated as approximately following the incorporated area or city limit lines, military reservation boundaries or special district lines, as amended from time to time, shall be construed to follow such lines;

(d)

Boundaries indicated as approximately following the center, mean high water mark, or shoreline of streams, rivers, canals, lakes, marsh areas, or other bodies of water, low land, or tidal areas, shall be construed to follow such boundaries;

(e)

Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (d) above shall be so construed when distances are not specifically indicated on the official zoning map, or in other circumstances not covered by subsections (a) through (d) above, the board of adjustment shall interpret the district boundaries.

All territory which may hereafter be annexed into the City of North Charleston, South Carolina, shall be considered to be within the zoning district which most closely corresponds to the zoning/land use indicated in the Comprehensive Development Plan of the City of North Charleston. Where the comprehensive development plan does not offer a specific zoning recommendation, the planning director shall identify an appropriate zoning category based on consideration of the city's current comprehensive plan and future land use map for neighboring areas, the previous county or other zoning in place on the parcels, and such other factors as the planning director may deem appropriate. In such instances, the annexed property may be zoned according to the planning director's recommendation upon its annexation and favorable action by the city council, as required.

In instances in which newly recognized parcels/properties appear in the city which have previously had no assigned zoning on the underlying land, the zoning administrator shall have the administrative authority, should he/she so desire, to assign to such property the same zoning designation as exists on an adjacent parcel. In exercising such authority the zoning administrator shall consider the comprehensive development plan, neighboring uses, and the zoning classification of surrounding properties.

(Ord. No. 1986-69, 12-30-86; Ord. No. 1990-19, 4-12-90; Ord. No. 1990-36, 7-12-90; Ord. No. 1991-16, 5-9-91; Ord. No. 2000-061, 9-28-00; Ord. No. 2003-006, 2-27-03; Ord. No. 2005-1, 1-13-05; Ord. No. 2014-039, 8-28-2014)

Nonconforming uses, buildings, structures, conditions, and lots are declared by this section to be incompatible with permitted uses or requirements in the districts in which they are located. However, to avoid undue hardship, the lawful use of any such use, building or structure at the time of the enactment, amendment, or revision of this section may be continued even though such structure does not conform with the provisions of this section, subject to the below:

(a)

Nonconforming uses shall not be:

(1)

Changed to another nonconforming use which would not otherwise be permitted in the same zoning district in which the existing nonconforming use is located.

(2)

Enlarged.

(3)

Reestablished or replaced after discontinuance of the use or physical removal or relocation of the use from its original location for a period of six (6) months, except that, when a nonconforming use of any building or land has (1) been found to be a public nuisance through judicial or quasijudicial proceeding or (2) been terminated by way of a business license revocation, it shall not be reestablished or changed to any use not in conformity with the provisions of this section.

(b)

Buildings or structures of a type which are nonconforming as to the zoning district in which they are located shall not be:

(1)

Enlarged.

(2)

Reestablished, reoccupied, or replaced after the physical removal or relocation of the building from its original location for a period of six (6) months, except that:

A.

Nonconforming manufactured homes, once removed, shall be replaced within thirty (30) days of removal or forfeit nonconforming status, and if replaced shall not infringe on established setbacks, and shall meet in full the requirements of section 6-1 of this [appendix]. Manufactured homes damaged or destroyed by fire, acts of nature or other cause shall be replaced within sixty (60) days of the time of casualty or the non-conforming status shall be forfeited.

B.

Other than manufactured homes, existing residential units may be reestablished, regardless of the amount of time since last used, provided that the existing units were, or were likely to have been, lawfully constructed/established. If more than six (6) months have passed since the physical removal of the residential units from the original location, only conforming buildings or structures may be permitted.

(c)

Nonconforming conditions such as setback encroachments, lack of required parking, and insufficient lot areas, may not be:

(1)

Enlarged so as to increase their nonconformity. (Any enlargement must meet setback requirements.)

(2)

Repaired, rebuilt, or altered after any damage in such a way as to increase the nonconformity of side, rear or front yard setbacks or other applicable requirements or to reduce the amount of off-street parking below the amount provided prior to such damage.

This section shall not be applicable to any condition of the property which is nonconforming to a zoning requirement for which an amortization period was imposed.

(d)

Existing nonconforming lots of record. Where a lot does not conform to the dimensional requirements of this section, such lot may nonetheless be used as a building site. The zoning administrator is authorized to issue an administrative variance to permit building on the property provided that none of the applicable setback or buffer requirements for the proposed construction are reduced by more than fifty (50) per cent below the minimums specified elsewhere within the city's ordinances. If building upon the nonconforming lot of record as proposed would require a reduction of greater than fifty (50) per cent from any of the applicable setback requirements, then the matter shall be referred for consideration to the board of zoning appeal under its normal procedures.

(Ord. No. 1985-17, § 3-28-85; Ord. No. 1990-36, 7-12-90; Ord. No. 1996-20, 5-9-96; Ord. No. 1996-38, 7-25-96; Ord. No. 1998-90, 11-12-98; Ord. No. 2003-013, 2-27-03; Ord. No. 2006-28, § 1, 5-25-06; Ord. No. 2010-25, 4-22-2010; Ord. No. 2020-044, Exh. A, 9-24-2020; Ord. No. 2021-057, Exh. A, 8-28-2021; Ord. No. 2021-076, Exh. A, 11-23-2021)

Each principal building shall be located on a lot or parcel having direct vehicular and pedestrian access to one of the following:

(1)

A publicly dedicated or publicly maintained street;

(2)

An approved private street; or

(3)

A recorded access easement. For residential lots, such access easement must be a minimum of sixteen (16) feet wide. For non-residential lots, such access easement must be a minimum of twenty-four (24) feet wide.

(Ord. No. 1998-85, 9-24-98; Ord. No. 2022-054, Exh. A, 10-27-2022)

The required front, side and rear yards for individual lots, as set forth for the particular zoning district within which a given lot is located, shall be measured inward toward the center of said lot from all points along the respective front, side and rear property lines of the lot. Once the yard areas of a given lot have been established, the remaining area of the lot which is not included in any required front, side or rear lot shall be know as the buildable area within which the approved structure(s) shall be placed.

(Ord. No. 1998-85, 9-24-98)

No land or structure shall be used or occupied, and no structure or portions thereof shall be constructed, erected, altered, or moved, unless in conformity with all of the regulations specified for the district in which it is located.

No structure shall be erected or altered:

(1)

With greater height, size, bulk, or other dimensions;

(2)

To accommodate or house a greater number of families;

(3)

To occupy a greater percentage of lot area;

(4)

To have narrower or smaller rear yards, front yards, side yards or other open spaces, than required by this ordinance, or in other manner contrary to the provisions of this ordinance.

(Ord. No. 1998-85, 9-24-98)

The minimum lot area, yards, buffer areas, and open space required by these regulations for each lot, parcel or building existing at the time of the passage of this ordinance shall not be encroached upon or reduced, or considered as required yards or open space for any other building. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

(Ord. No. 1998-85, 9-24-98)

The lot or yard areas required by this ordinance for a particular building shall not be diminished and shall not be included as part of the required lot or yard areas of any other building. The lot or yard areas of buildings existing at the time of the initial passage of this ordinance shall not be diminished below the requirements herein provided and such required areas shall not be included as part of the required areas of any building hereafter erected. This ordinance shall not interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, that where this ordinance imposes a greater restriction upon the use of buildings or premises or required yards than are imposed or required by such prior provisions of law or ordinance, the provisions of this ordinance shall control.

(Ord. No. 1998-85, 9-24-98)

Every building or structure hereafter erected or established shall be located within the buildable areas as defined by this section, and in no case shall such buildings extend beyond the buildable area into the respective front, side, rear yards or other setbacks required for the district in which the lot is located, except for the following:

(1)

Ornaments, eaves, chimneys, cornices, window sills, awnings and canopies, which may project into any required yard a distance not to exceed three (3) feet.

(2)

[Reserved.]

(3)

Fences and walls provided that:

a.

No such structure when located in an R-1, R-1A, R-2, or R-3 zoning district shall measure more than four (4) vertical feet in height when located in a front yard, except under the following conditions

i.

Fences or walls proposed on residentially zoned parcels located adjacent to dissimilarly residentially zoned or used parcels, commercially zoned parcels, or industrially zoned parcels may utilize a fence height consistent with the fence height permitted on the adjacent parcel along the common property line.

ii.

Fences and walls for places of worship, schools, and other non-residential uses, including public facilities, which are located in residential districts shall measure no more than six (6) vertical feet in height when located in a front yard, provided the fence is constructed of chainlink or wrought iron material.

iii.

Flag lots and lots that share common boundary lines with flag lots are exempt from the four-foot maximum front yard fence height along the common boundary lines.

b.

No such structure when located in a commercial zoning district or in the side or rear yards of a residential lot shall measure more than eight (8) feet. Residentially used properties located in commercial zoning districts shall be subject to the front yard height requirements above.

c.

No such structure when located in an industrial zoning district shall exceed ten (10) feet in height.

d.

Fences at athletic facilities are exempt from maximum fence heights.

e.

Telecommunications facilities shall provide fences as per the requirements of article IX.

f.

The finished side of the fence or wall shall be directed outward. The finished side is the side whose framing, supports, or posts are not visible.

g.

No fence or wall shall impede visibility as required by section 4-13.

h.

Permitted materials:

i.

Materials permitted for a fence or wall are brick, stone, decorative block, wood, chain link, metal tubing or wrought iron. Vinyl or fiberglass composite materials may be utilized if the material is approved for use by manufacturer or general building standards for fencing materials. Metal posts will be allowed on wood fences.

ii.

Barbed and razor wire may be used under the following conditions:

A.

The area to be surrounded by such wire is commercially or industrially zoned;

B.

The wire is affixed to the top of a fence or wall made of one or more of the permitted materials listed above;

C.

The wire, when added to the top of the fence or wall, will not exceed the maximum allowed fence height plus two feet; and

D.

The wire cannot be installed along the right-of-way.

i.

Prohibited materials.

i.

No person shall use for a fence rope, string, hog wire, wire fabric, cut or broken glass, paper, metal panels, corrugated metal panels, galvanized sheet metal, plywood, fiberglass panels, or plastic panels in any fence provided, however, that chain link fence material is allowable. The building official of the building department or his designee may require the applicant to provide the manufacturer's standards to establish intended use of a proposed fencing material.

ii.

No person shall construct a fence of wood, metal or plastic products that are designed specifically for uses other than fence construction.

iii.

No person shall construct a fence of damaged or unsafe materials.

j.

Corner lots.

i.

Where house faces diagonally towards intersection of streets, see diagram below.

ii.

Where house faces one (1) street front directly, see diagram below.

(4)

The zoning administrator is authorized to issue an administrative variance to permit structures within commercial and industrial districts which are adjacent to railroads may locate closer to the railroad right-of-way than the permitted side or rear yard setbacks of the respective zoning districts provided that the applicable setback along the railroad right-of-way is not reduced by more than fifty (50) per cent below the minimums specified elsewhere within the city's ordinances. If building upon the lot would require a reduction of greater than fifty (50) per cent from any of the applicable setback requirement, then the matter shall be referred for consideration to the board of zoning appeals under its normal procedures. This setback reduction does not relieve the applicant of the need to meet other applicable codes, which may include the provision of a firewall.

(5)

Structures necessary for the ingress and egress of persons with disabilities from a building or site, including, but not limited to, handrails and ramps, may encroach within a required setback the minimal amount necessary to achieve access when it has been determined to the satisfaction of the zoning administrator that the proposed improvements may not practicably be located within the buildable area as defined in section 4-6.1. These exemptions do not relieve the applicant of the need to meet any other applicable codes with regard to accessibility standards.

(6)

Electric vehicle charging infrastructure, including, but not limited to, mechanical equipment, cabinets, signage, electrical panels, and charger cables are exempt from building setback requirements.

(Ord. No. 1998-85, 9-24-98; Ord. No. 2000-034, 7-13-00; Ord. No. 2015-005, 1-22-2015; Ord. No. 2018-052, 8-23-2018; Ord. No. 2020-052, Exh. A, 10-22-2020; Ord. No. 2021-047, Exh. A, 6-24-2021; Ord. No. 2021-053, Exh. A, 7-15-2021; Ord. No. 2023-058, Exh. A, 11-21-2023; Ord. No. 2024-027, Exh. A, 8-22-2024)

The height limitations of this ordinance shall not apply to church spires, belfries, cupolas, domes not intended for human occupancy, monuments, water towers, utility poles, chimneys, conveyors, flag poles, masts, communication towers and antennas, or roof mounted mechanical equipment; provided, however, that such structures shall be separated from any adjoining property line in the R-1, R-1A and R-1B zoning districts by a distance equal to one (1) foot for each one (1) foot in height, measured from the nearest residential property line.

(Ord. No. 1998-85, 9-24-98)

Each of the following uses is considered to be a customary accessory use, and as such, may be situated on the same lot with the principal use or use to which it serves as an accessory:

(a)

Uses customarily accessory to dwellings in all zoning districts:

1.

Private garage;

2.

Open storage space or parking areas for light vehicles, and recreational vehicles (i) when the use or storage of such vehicle is incident to the parcel's primary use; and (ii) subject to the conditions and limitations expressed in section 9-67(4). Recreational vehicles may not be occupied on-site. Open storage or parking of heavy commercial vehicles or heavy commercial trailers (defined within section 3-2 herein) upon any lot, land, street, right-of-way, or shoulder thereof in a residentially zoned area is prohibited unless such vehicle or trailer is attended and in the process of being actively loaded or unloaded. The parking of heavy vehicles or heavy trailers governed by this ordinance shall not be permitted to continue as a legal nonconforming (grandfathered) use pursuant to section 4-5, but rather shall be amortized out of existence no later than June 1, 2003.

3.

Shed or tool room for the storage of equipment used in grounds or building maintenance;

4.

Private kennel or other quarters for the keeping of poultry or animals for noncommercial purposes provided that such use does not generate a nuisance to adjoining properties;

5.

Private swimming pool and bath house or cabana;

6.

Private deck or bathhouse;

7.

Swimming beach;

8.

Noncommercial flower, ornamental shrub or vegetable garden, greenhouse or slat house not over eight (8) feet in height.

9.

Carwashes for light vehicles in R-2, multifamily residential districts, only when the following conditions are met:

a.

Structure. The structure must be enclosed on all sides and include a roof and a garage-style door. The color and style of the structure must be harmonious with existing building(s) in the complex. The size of the structure is limited to one (1) building with one (1) bay per complex. Commercial vacuums are not permitted.

b.

System. The carwash is limited to hand washing with a water faucet and water hose. No mechanical washing device is allowed. No money can be collected on-site for use of the facility.

c.

Access. Access to the carwash must be limited to residents within the complex; and operation is only allowed from dawn to dusk.

d.

Drainage. All drainage, both natural and that reacted by the operation, shall be handled in a manner satisfactory to the department of public works and or any state or federal permits.

10.

Solar panels mounted on a structure and freestanding solar panels limited to 5kW.

(b)

Uses customarily accessory to church buildings in all zoning districts:

1.

Religious education buildings;

2.

Kindergartens, licensed day care centers and nursery schools;

3.

Parsonage, pastorium or parish house;

4.

Off-street parking area for the use without charge of members and visitors to the church;

5.

Cemeteries.

(c)

Uses customarily accessory to retail business and office uses in all zoning districts:

1.

Off-street parking or storage area for customers, clients or employee owned vehicles;

2.

Completely enclosed building for the storage of equipment, supplies, stock or merchandise to include mobile homes and prefabricated structures;

3.

Assembly and/or repair of products incidental to the principal use provided such operation is not otherwise specifically prohibited in the district in which the principal use is located;

4.

Watchmen or caretaker's dwelling shall be considered an accessory use provided that such dwelling is located on the premises of a permitted use.

(d)

Uses customarily accessory to public uses, buildings, or activities in all districts: There shall be no limitations regarding accessory uses to any use, building, or activity operated within the public domain except that such uses, buildings, or activities must be directly related and subordinate to the principal public use. Watchmen or caretaker's dwelling shall be considered an accessory use provided that such dwelling is located on the premises of a permitted use.

(e)

Uses customarily accessory to manufacturing and warehousing uses in M-1 and M-2 industrial districts:

1.

Except for shipping containers, there shall be no limitations regarding general accessory uses to any manufacturing or warehousing use on an M-1 or M-2 zoned parcel except that such uses, buildings, or activities must be directly related and subordinate to the principal public use. A watchman or caretaker's dwelling shall be considered as accessory use provided that such dwelling is located on the premises of a permitted use.

2.

Shipping container/trailers may be used as an accessory storage unit on M-1 and M-2 zoned parcels, whether temporary or permanent, provided that the container/trailer is used as additional storage only for the current site occupant. All such containers/trailers shall be hidden from view by an opaque planting screen, fence, or a wall sufficient to screen neighboring or nearby property from view of the container storage, and in no event less than eight (8) feet in height above finished grade. No more than three (3) trailers or storage containers are allowed on each parcel. Containers may be un-mounted or grounded, but may not be stacked.

(f)

The following accessory uses shall be allowed in CRD zoning districts with any permitted or conditional use:

1.

Amphitheaters, outdoor.

(Ord. No. 1986-59, 11-6-86; Ord. No. 1990-36, 7-12-90; Ord. No. 1995-8, 3-23-95; Ord. No. 1998-59, 7-23-98; Ord. No. 1999-13, 2-25-99; Ord. No. 2002-089, 11-26-02; Ord. No. 2012-052, 12-20-2012; Ord. No. 2017-034, 5-25-2017; Ord. No. 2021-053, Exh. A, 7-15-2021)

All accessory uses operated in structures above ground level shall observe all setbacks, yard and other requirements set for the district within which they are located, except those water-oriented facilities such as beaches, docks, marina, boat houses, bait houses, etc., which shall be allowed to infringe into the required setback areas along shorelines and into rivers, lakes, streams and other waterways and unless specifically provided in this section.

(Ord. No. 1990-36, 7-12-90; Ord. No. 1998-85, 9-24-98; Ord. No. 1999-13, 2-25-99)

The purpose of this regulation is to insure the reasonable provision of future off-street parking facilities within the City of North Charleston. Any use not enumerated herein below shall provide off-street parking facilities in the proportion required of the enumerated use which most closely is related to it.

(a)

Off-street parking requirements: At the time of the erection of any building or structure or at the time any structure is enlarged, increased in capacity, or reoccupied, the following minimum off-street parking spaces are required on every lot on which the erection, enlargement or re-occupation occurs, or on a parking facility the title to which and/or easement for the use of which runs with and/or is appurtenant to the title to such building so erected and enlarged. Each fraction occurring in the total spaces required for a particular use shall be construed as one (1) additional space.

1.

One-family dwellings, duplexes, townhouses, rowhouses, patio houses, garden and cluster units, and mobile homes: Two (2) spaces per dwelling unit;

2.

Multi-family dwellings: Studio/efficiency units: One (1) space per dwelling unit; one-bedroom units: One and one-quarter (1.25) spaces per dwelling unit; two-bedroom units and larger units: two (2) spaces per dwelling unit;

3.

Group homes and senior independent living housing: One (1) space for each living unit;

4.

Hotels: One (1) space for each three (3) guest bedrooms;

5.

Motels and tourist courts: One (1) space for each guest bedroom;

6.

Mobile home park: Two (2) spaces for each accommodation;

7.

Hospitals: One (1) space for each two (2) beds;

8.

Sanitariums, rest, convalescent or nursing homes: One (1) space for each six (6) beds;

9.

Home for aged or orphanage: One (1) space for each six (6) beds;

10.

High schools; public, private and parochial: One (1) space for each four (4) seats in the main assembly hall plus one (1) space for each classroom;

11.

Kindergarten, elementary and junior high schools: Two (2) spaces for each employee;

12.

Church or other place of worship, fraternal hall, arena, armory, assembly hall, community center, concert hall, convention hall, dance hall, skating rink, public hall, stadium or theater, or other place of public assembly: One (1) space for each four (4) seats in the main auditorium, assembly room, seating area, or one (1) space for each fifty (50) square feet of floor area usable for seating where seating is not fixed;

13.

Bowling alley: Five (5) spaces for each alley;

14.

Business and professional offices including public offices: One (1) space for each three hundred (300) square feet of total floor area;

15.

Banks: One (1) space for each two hundred (200) square feet of total floor area;

16.

Restaurants and similar establishments serving food and beverage: One (1) space for each one hundred (100) square feet of total floor area including areas for outdoor seating;

17.

Automobile repair garage: One (1) space for each two (2) employees at maximum employment on a single shift, plus one (1) space for each two hundred fifty (250) square feet of auto repair or maintenance space;

18.

Service station: Two (2) spaces for each grease rack or similar facility plus one (1) space for each employee at period of greatest employment;

19.

Funeral homes: One (1) space for each four (4) seats in all assembly rooms, plus two (2) spaces for each employee;

20.

General business, commercial or personal service establishments catering to the retail trade: One (1) space for each three hundred (300) square feet of total floor space;

21.

Commercial, manufacturing and industrial establishments not catering to the retail trade: One (1) space for each two (2) employees at maximum employment on a single shift;

22.

College or other institution of higher learning, business, trade, or other school, accessory uses to such facilities, libraries: One space for each one hundred (100) square feet of total inside floor space;

23.

Carnivals: One (1) space for each one hundred (100) square feet of activity space; activity space is to be measured around the perimeter or the total activity area. If carnival is operating on premises of a shopping mall, ten (10) per cent of the required parking may be shared with the shopping mall's required parking. Based on the shopping mall's hours of operation and types of buses, the building official may increase the total shared amount of required parking to a maximum of twenty (20) per cent;.

24.

Catering kitchens with no on-site sales: One (1) space per five hundred (500) square feet of total floor area plus one (1) space for each two (2) employees at maximum employment on a single shift;

25.

Marinas: One (1) space per three (3) boat slips;

26.

Recreation facilities:

a.

Fitness centers and health clubs: One (1) space per three hundred (300) square feet of total floor area;

b.

Airsoft and paintball: One (1) space per two thousand (2,000) square feet of play area;

c.

Driving ranges and batting cages: One (1) space for each two (2) bays;

d.

Golf courses (including mini): Three (3) spaces per hole plus one (1) space per three hundred (300) square feet of total floor area of the clubhouse or office area.

(b)

Shared parking:

1.

Shared parking facilities may be provided subject to the approval of the zoning administrator where two (2) or more land uses can be joined or coordinated to achieve efficiency of vehicular and pedestrian circulation, economy or space and a superior grouping of buildings or uses.

2.

Shared parking spaces must be located within six hundred (600) feet of the primary entrance of all uses served, unless remote parking shuttle bus service is provided.

3.

Where vehicular access is provided between adjoining non-residential sites and the peak operating hours of adjoining uses do not overlap, the uses may share up to fifty (50) per cent of required parking spaces.

4.

An agreement providing for the shared use of parking areas, including an exhibit with the parking area depicted, executed by the parties involved, must be filed with the zoning administrator, in a form approved by the city attorney. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Agreements must guarantee long-term availability of the parking, commensurate with the use served by the parking. The minimum term for a shared parking agreement shall be ten (10) years. The parking agreement shall require that both parties to the parking agreement shall notify the city at least thirty (30) days prior to termination.

(c)

Exceptions and conditions regarding the reduction in area, number, and location of off-street parking spaces:

1.

The number of required parking spaces shall not be reduced except upon approval of the zoning board of appeals based upon a showing that, by reason of diminution in floor area, seating area, the number of employees, or change in other factors regulating the number of parking spaces, or by reason of the character of intensely developed surrounding properties, the continued enforcement of such requirement would prevent the reasonable use of the lot.

(d)

Design standards for off-street parking:

1.

Standard parking dimensions. Standard off-street parking spaces shall have a minimum dimension of nine (9) feet wide by nineteen (19) feet long, which is a total dimension of one hundred seventy-one (171) square feet. Parallel off-street parking spaces shall have a minimum dimension of eight (8) feet wide by twenty-two (22) feet long, which is a total dimension of one hundred seventy-six (176) square feet. Residential uses located on a non-conforming lot of record shall be permitted to provide parking spaces meeting a minimum dimension of eight (8) feet in width by fifteen (15) feet in length, which is a total dimension of one hundred twenty (120) square feet.

2.

Compact parking dimensions. Compact off-street parking spaces shall have a minimum dimension of eight (8) feet in width by fifteen (15) feet in length, which is a total dimension of one hundred twenty (120) square feet. The size of not more than twenty-five (25) per cent of the required parking spaces may be reduced to compact parking.

3.

Handicapped parking dimensions. Handicapped parking space size and quantity shall be determined by building code and federal regulations and not factored into the compact parking space calculation.

4.

Parking garages:

a.

Minimum width for standard parking spaces is eight (8) feet six (6) inches; for compact spaces seven (7) feet six (6) inches.

b.

Minimum parking bay depth (two (2) standard parking spaces and an aisle) is sixty (60′) feet for ninety (90°) degree parking; for sixty (60°) degree parking with one-way traffic, the minimum depth is fifty-four (54′) feet, for forty-five (45°) degree parking with one-way traffic, the minimum depth is forty-nine (49) feet.

c.

Parking garages may provide compact car spaces at a rate of up to forty (40) per cent of the total parking spaces provided.

d.

Handicapped parking space size and quantity shall be determined by building code and federal regulations and not factored into the compact parking space calculation.

5.

Electric vehicle charging station spaces. Parking spaces served by electric vehicle charging stations count toward fulfilling off-street parking requirements.

(Ord. No. 1987-19, 4-9-87; Ord. No. 1987-20, 4-9-87; Ord. No. 1990-36, 7-12-90; Ord. No. 1995-8, 3-23-95; Ord. No. 1999-13, 2-25-99; Ord. No. 2009-65, 11-24-09; Ord. No. 2018-069, 12-20-2018; Ord. No. 2020-015, 2-27-2020; Ord. No. 2021-061, Exh. A, 9-23-2021; Ord. No. 2023-043, Exh. A, 8-24-2023)

(a)

All uses shall provide off-street loading areas sufficient for their requirements. Such space shall be arranged so that no vehicle being loaded or unloaded in connection with normal operations shall stand in or project into a public street, walk, alley, or private street.

(b)

Off-street loading and unloading areas shall in all cases be located on the same lot or parcel of land as the structures they are intended to serve.

(Ord. No. 1990-36, 7-12-90; Ord. No. 1998-83, 9-24-98)

(a)

Designs and plans for areas to be used for off-street parking and off-street loading shall be subject to approval by the zoning administrator, who may withhold a permit or take other action if the layout of either would create avoidable safety or traffic congestion problems, pending acceptable modification of the layout, or appeal to the board of zoning appeals.

(b)

Street parking areas. In areas featuring near zero lot line development in which shared or street parking was [present] at the time of initial development (hereinafter, "street parking areas" as shown on the maps below), no on-site parking shall be required via the zoning regulations. This exemption does not relieve the applicant of the need to meet other applicable codes with regard to accessibility standards.

(Ord. No. 1998-83, 9-24-98; Ord. No. 2016-050, 11-22-2016; Ord. No. 2019-045, 8-22-2019)

In the administration of this ordinance, the fact that neighbors do not formally and publicly object to a proposed violation is not to be construed by the city council as an approval for the creating of a nonconforming use. The city council shall vary the provisions of this chapter [Appendix A] only when the best interest of the public will be served thereby.

Visibility at railroad and street intersections shall be unobstructed. No planting shall be placed or maintained and no fence, building, wall or other structure shall be constructed after the effective date of this ordinance, in such a manner as to obstruct visibility at intersections. No structure or planting shall be permitted at any point between a height of two and one-half (2½) feet and ten (10) feet above the upper face of the nearest curb (or street centerline if no curb exists) and within the triangular area bounded on two (2) sides by the street or railway right-of-way lines. However, poles and support structures less than twelve (12) inches in diameter may be permitted in such areas.

(Ord. No. 1998-85, 9-24-98)

(a)

Purpose and intent of this section. It is the purpose of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the City of North Charleston. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials including sexually oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this section to condone or legitimize the distribution of obscene materials.

(b)

Definitions.

(1)

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

(2)

Adult bookstore or adult video store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

b.

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."

(3)

Adult cabaret means a club, restaurant, or similar commercial establishment which regularly features:

a.

Persons who appear in a state of nudity; or

b.

Live performances which are characterized by the exposure of "specified anatomical areas"; or

c.

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the description of "specified sexual activities" or "specified anatomical areas."

(4)

Adult motel means a hotel, motel, or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

b.

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

c.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

(5)

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(6)

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by specified sexual activities."

(7)

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(8)

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

(9)

Establishment means and includes any of the following:

a.

The opening or commencement of any sexually oriented business as a new business;

b.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

c.

The additions of any sexually oriented business to any other existing sexually oriented business; or

d.

The relocation of any sexually oriented business.

(10)

Knowingly means to do "something voluntarily, to do it deliberately, not to do something by mistake or by accident or even negligently." United States v. Bay State Ambulance, 874 F.2d 20 (1 ^st Cir. 1989); See also United States v. Fuller, 162 F.3d 256, 260 (4 ^th Cir. 1998)(defining "knowingly" as "to act with knowledge of the facts that constitute the offense but not necessarily with knowledge that the facts amount to illegal conduct.") "Knowingly" or "knowledge" shall also be satisfied for purposes of this ordinance in instances of "willful blindness" or "deliberate indifference" where the evidence indicates that a defendants purposefully closed his eyes to avoid knowing what occurred around him/her. See United States v. Ruhe, 191 F.3d 376 (4 ^th Cir. 1999); United States v. Schnabel, 939 F.2d 197 (4 ^th Cir. 1991); United States v. Gruenberg, 989 F.2d 971 (8 ^th Cir. 1993).

(11)

Permittee and/or licensee means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

(12)

Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

(13)

Nudity or a state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

(14)

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

(15)

Principal business purpose means, with respect to the definition of a sexually oriented business, a business which (a) offers live nudity, hardcore sexual material, or sexual devices, (b) as a consistent and intentional objective of the business, and one of the following: (i) promotes itself as offering the same, or (ii) derives a substantial portion of its revenue from such activities.

(16)

Seminude means a state of dress in which clothing covers no more than the genitals, pubic region, and areolas of the female breast, as well as portions of the body covered by supporting straps or devices.

(17)

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

a.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

b.

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.

(18)

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

(19)

Specified anatomical areas means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

(20)

Specified sexual activities means and includes any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the activities set forth in a. through c., above.

(21)

Substantial enlargement of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five (25) per cent, as the floor areas existed on February 22, 1990.

(22)

Transfer of ownership or control of a sexually oriented business means and includes any of the following:

a.

The sale, lease, or sublease of the business;

b.

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

c.

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(23)

Introductory service. Any person who, for financial consideration, offers to arrange for a direct meeting between any person and any other person for social or personal purposes not connected with or forming a part of another lawful business or professional activity.

(c)

Classification. Sexually oriented businesses are classified as follows:

(1)

Adult arcades;

(2)

Adult bookstores or adult video stores;

(3)

Adult cabarets;

(4)

Adult motels;

(5)

Adult motion picture theaters;

(6)

Adult theaters;

(7)

Escort agencies;

(8)

Nude model studios;

(9)

Sexual encounter centers; and

(10)

Introductory services.

(d)

Prohibited conduct:

(1)

A licensee or an employee shall not knowingly allow possession, use, or sale of controlled substances on the premises;

(2)

A licensee or an employee shall not knowingly allow prostitution on the premises;

(3)

A licensee or an employee shall not knowingly allow any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the permitted and/or licensed premises;

(4)

A licensee shall not apply for or hold multiple licenses for the same location under differing names or knowingly allow another person or entity to apply for or hold business licenses for the premises;

(5)

Operation in a location or manner inconsistent with any requirements of this ordinance or other ordinances of the City of North Charleston.

(e)

Location of sexually oriented business.

(1)

All sexually oriented businesses shall be located within an M-1 or M-2 zoning district. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business outside of an M-1 or M-2 district.

(2)

A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of:

a.

The property line of a lot devoted to use by a church or other place of worship;

b.

A boundary line of any residential district;

c.

The property line of a public park adjacent to any residential district or any public or private elementary or secondary school;

d.

The property line of a lot devoted to residential use; or

e.

The property line of a lot devoted to academic, extracurricular, or recreational use by a public or private elementary or secondary school.

(3)

A person commits a misdemeanor if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.

(4)

A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor areas of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

(5)

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.

(6)

For purposes of this ordinance, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(7)

Any sexually oriented business lawfully operating on February 22, 1990, or the date of annexation (if later), which has thereafter continuously lawfully operated, and which is in violation of subsection (e)(1) through (e)(4) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of one year or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming. Further, the provisions of section 4-5, relating to nonconforming uses, shall not apply to businesses governed by the terms of this section.

(8)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, of a church, public park, residential district or a residential lot within one thousand (1,000) feet of the sexually oriented business or within one mile of a public or private elementary or secondary school. This provision applies only to the renewal of a valid business license, and does not apply when an application for a business license is submitted after a business license has expired or has been revoked.

(f)

Additional regulations for adult motels.

(1)

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable inference that the establishment is an adult motel as that term is defined in this chapter [appendix].

(2)

A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that is not located and operated in compliance with this section and with the City of North Charleston's business license ordinances, he rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again.

(3)

For purposes of subsection (f)(2) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

(g)

Regulations pertaining to exhibition of sexually explicit films or videos.

(1)

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

a.

Upon application for a business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The zoning administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

b.

The application shall be sworn to be true and correct by the applicant.

c.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the zoning administrator or his designee.

d.

It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

e.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video display, camera, or reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations.

f.

It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (g)(1)e. of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (g)(1)a. of this section.

g.

No viewing room may be occupied by more than one person at any time.

h.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.

i.

It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(2)

A person having a duty under subsections (g)(1)a. through (g)(1)i. of this section commits a misdemeanor if he knowingly fails to fulfill that duty.

(h)

Exemptions. In cases of modeling or art classes, it is a defense to prosecution under this ordinance that a person appearing in a state of nudity did so in a modeling or art class operated:

(1)

By a proprietary school, licensed by the State of South Carolina; a college, junior college, or university supported entirely or partly by taxation; or

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; and

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

b.

Where in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and

c.

Where no more than one nude model is on the premises at any one time.

(i)

Enforcement. A person who: (1) proposes to operate; (2) operates a sexually oriented business without a valid business license or in violation of this ordinance; or (3) causes to be operated a sexually oriented business without a valid business license or in violation of this ordinance - is subject to a suit for declaratory or injunctive relief and/or an administrative action for business license revocation, as well as prosecution for any criminal violations which may be present. With respect to the provisions of these ordinances, criminal violations shall be punishable by a fine of five hundred dollars ($500.00) or thirty (30) days imprisonment. With respect to provisions of state or federal laws, criminal violations shall be punishable as provided by such state or federal law. With respect to business license denials, applicants desiring judicial review shall notify the city's zoning administrator of their desire for judicial review within five (5) days of receiving notification of the denial. The city shall then issue the applicant a temporary provisional license permitting operation during the pendency of circuit court proceedings and shall file suit within ten (10) business days and request expedited circuit court review. The issuance of a temporary provisional license as described herein shall create no vested rights and the city shall bear no costs associated with the applicant's operation or preparation for operation, including (but not limited to) costs of inventory, licenses, insurance, advertising, construction, purchase, or remodeling.

(j)

Separability. If any subsection or clause of this section shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby.

(k)

Savings clause. After the effective date of this Act, October 28, 2004, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this Act, October 28, 2004 and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

(Ord. No. 1986-13, 3-27-86; Ord. No. 1990-20, 4-12-90; Ord. No. 1991-25, 6-27-92; Ord. No. 2004-60, 10-28-04; Ord. No. 2006-52, 7-25-06)

(a)

In pursuance of authority conferred by section 5-2-570 and sections 6-7-1210 through 6-7-1280 of the Code of Laws of South Carolina for 1976, as amended, the city council of North Charleston hereby determines that it is necessary to adopt an official map showing the location of proposed public streets, highways, including; future extensions, widenings and other improvements to existing streets and highways, and public utility rights-of-way in portions of the City of North Charleston.

(b)

The official map shall consist of one or a series of maps which need not be drawn to the same scale but, if composed of a series of maps, shall be indexed on a single map depicting the city and the area covered by each map in the series. Such map, together with all explanatory matter thereon is hereby adopted by reference and declared to be a part of this ordinance.

(c)

Each map shall bear the designation, "Official Map, City of North Charleston, South Carolina," and shall be identified by the signature of the mayor of the City of North Charleston, attested by the clerk of council, and bearing the seal of the city together with the date of the adoption of the ordinance adopting said map.

(d)

Upon adoption of the official map, the administration thereof shall be governed in accordance with the provisions of sections 6-7-1210 through 6-7-1280 of the Code of Laws of South Carolina for 1976, as amended.

(e)

The official map, and any amendments or additions thereto hereafter adopted, shall also constitute the major street portion of the comprehensive plan and shall be accordingly incorporated by reference therein.

(f)

In all cases when land is affected by the official map, all setback provisions of this ordinance shall be measured from the boundary of the proposed public street or highway, or future extension, widening or other improvement to an existing street or highway, as shown on the official map when the use of such boundary would result in a greater setback being required; provided, however that this subsection shall not apply to any land exempted from the restrictions of the official-map pursuant to section 6-7-1270(4)(a) or section 6-7-1280(3)(a), Code of Laws of South Carolina for 1976 as amended, or to permits issued pursuant to section 6-7-1270(4)(b), Code of Laws of South Carolina for 1976, as amended.

(Ord. No. 1988-37, 5-12-88)

(a)

Fireworks defined. For purposes of this ordinance, the term "fireworks" shall mean those items as defined as "class C fireworks" and as "common fireworks".

(b)

Fireworks sales prohibited; exceptions.

(1)

Except as otherwise specifically permitted under subsection (c) of this ordinance, it shall be unlawful to sell or display for sale any fireworks within the city limits except in those areas zoned M-1 light industrial or M-2 heavy industrial.

(2)

Nothing in this ordinance shall be construed as applying to:

a.

Toy smoke devices defined as smoke balls or tubes containing a pyrotechnic mixture which upon ignition produces a visible cloud of smoke;

b.

Toy paper or plastic caps containing not more than .25 of a grain of explosive composition per cap; or toy or cap pistols or any like device designed to discharge such paper or plastic caps; or sparklers;

c.

The manufacture, storage, sale or authorized use of signals necessary for the safe operation of railroads or other classes of public or private transportation;

d.

The military forces of the United States or of this state while in the performance of official duty;

e.

Law enforcement officers while in the performance of official duty;

f.

Ceremonial, theatrical or athletic events.

(c)

Limited sales exception; permit requirements and conditions.

(1)

Firework sales shall be permitted as a use of right in M-1 and M-2 industrial zones without limitation as to time and date of sale.

(2)

Subject to the conditions hereinafter set forth, the retail sale of fireworks in B-1 and B-2 zones may be permitted as a conditional use provided that applicants first obtain a permit from the zoning administrator (or his designee) and that sales in such zones shall only be permitted between dates of December 1—January 7 and June 15—July 10, inclusive. A separate application shall be required for each location and for each period.

(3)

The zoning administrator (or his designee) is authorized to issue permits for the retail sale of fireworks as a conditional use B-1 and B-2 zones. No permit shall be approved unless the applicant furnishes the following with the permit application:

a.

An annual permit fee of fifty dollars ($50.00) or a receipt showing previous payment of the same, and a performance bond of five hundred dollars ($500.00) in the form of a certified check or a cash deposit with the city finance director (or his designee) any such performance bond being refundable according to the conditions set forth in subsection (4) below;

b.

The name of the applicant and, if the applicant is a person, the person's residential address, or, if the applicant is a corporation or other legal entity, the business address of such corporation or entity and the name and residential address of a responsible officer or manager on such corporation or entity's behalf;

c.

A description of the location where such sales activities are to be conducted and the name and address of the owner thereof; and

d.

Statements of approval from the building official and chief fire inspector certifying code compliance and documentation of compliance with all applicable state codes and administrative regulations.

e.

Proof that the applicant holds a policy or policies of public liability insurance coverage for such retail sales activities at such location for the permitted sale period, which policy or policies are issued by an insurance company or companies authorized to do business in the State of South Carolina, and which said policy or policies provide coverage in the following minimum amounts: five hundred thousand dollars ($500,000.00) for injuries or damage to any one person in one said accident or occurrence; one million dollars ($1,000,000.00) for injuries to two (2) or more persons in any accident or occurrence; and $1,000,000.00 combined single limit coverage for any one accident or occurrence.

(4)

All permits issued under the authority of this section shall be subject to the following limitations and conditions:

a.

A separate permit shall be required for each separate location where fireworks are to be sold by any applicant and a separate application shall be required for each "sales period".

b.

Permits may be issued only for locations that are located within B-1 or B-2 zoning classification, subject, however, to the additional requirement that no structure or location for the sale of fireworks shall be located closer than two hundred and fifty (250) feet from any parcel zoned for residential use. Such measurement shall be made in a straight line between the closest portion of the sales facility structure and the closest property line of the parcel zoned for residential use, without regard to any intervening structures, objects or natural barriers.

c.

No sale activities shall be conducted under such permit unless the sales facility and applicant comply with all applicable state codes and state administrative rules, the rules and regulations of applicable building and fire codes and regulations of the state fire marshal applicable to fireworks stands, and all sales activities shall, at all times during the term of the permit, be conducted in conformance with those rules and regulations.

d.

Within twenty-four (24) hours after the expiration of the permitted sale period the permit holder shall cause the permitted sales location to be cleaned and cleared of all debris, and within fifteen (15) days after the expiration of the permitted sales period the permit holder shall cause all fireworks stands, tents and other sales facilities and all signs or other indicia of fireworks sales activity to be removed from the permitted B-1 or B-2 sales location. Failure to comply with this subsection in a timely manner shall result in forfeiture of the applicant's performance bond and removal, destruction, or demolition of the structure or indicia of the fireworks sales activity, to be undertaken at the city's expense.

(5)

If the zoning administrator is satisfied after expiration of the permitted sale period that the permit holder has complied with all of the conditions, limitations and requirements of this article, and upon request therefor, the finance director shall refund to the permit holder the performance bond deposited pursuant to subsection (c)(3)a. above. If the permit holder is aggrieved by any decision of the zoning administrator to refuse such refund, the permit holder may appeal that decision to the board of zoning appeals.

(d)

Discharge. Fireworks shall not be discharged in any manner contrary to city ordinance, the provisions of S.C. Code Ann, § 23-35-120, or any other regulation or law of this state.

(e)

Penalty. Any person who shall be convicted of violating any of the provisions of this article shall be punished as provided within section 1-10 of the Municipal Code of the City of North Charleston.

(f)

Amortization of nonconforming uses. Any firework sales facility/location lawfully operating on June 22, 2000, which has thereafter continuously lawfully operated, and which would otherwise be in violation of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed two (2) years, unless sooner terminated for any reason or voluntarily discontinued for a period of six (6) months or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. Further, the provisions of section 4-5 of this zoning ordinance, relating to nonconforming uses, shall not apply to businesses governed by this terms of this section.

(Ord. No. 2000-023, 6-22-00; Ord. No. 2002-014, 1-24-02; Ord. No. 2002-14, 2-14-02)

(a)

In general. Street and site lighting shall be of low intensity from a concealed light source and with effective provisions made to prevent spill-over into adjoining properties or roadways. Any spill-over from a commercial or industrial site into a residential area shall not exceed one-half footcandle measured at the property line of the site of the light source nearest the residential area. Lighting shall in no way interfere with the vision of oncoming motorists. Light fixtures in residentially zoned areas shall be limited in height to eighteen (18) feet using cutoff fixtures. Light fixtures in commercially zoned areas shall be limited in height to twenty-four (24) feet using full cutoff fixtures. Light fixtures in industrially-zoned areas shall be limited in height to thirty (30) feet using full cutoff fixtures. Cutoff fixtures may also be used in commercially and industrially zoned areas with a maximum pole mounted height of eighteen (18) feet. Street lighting fixtures in the right-of-way of a major arterial roadway shall be limited in height to forty (40) feet. Submittal of a lighting plan shall be required as a part of the site plan review process.

(b)

Partial exceptions.

(i)

To the extent federal regulatory requirements exist, site lighting associated with air travel shall be exempt from the requirements of this section other than the requirement that a site lighting plan be submitted as a part of the site review process. Examples of such exempted lighting may include, but shall not be limited to, such things as runway lighting, navigational lighting, and hazard lighting such as lights marking bridges and towers.

(ii)

Site lighting for approved outdoor recreation areas such as athletic fields may exceed eighteen (18) feet in height and, to the least possible extent required in order to provide adequate field illumination, may employ other than cutoff-style fixtures. In all cases provisions shall be made to prevent spill-over into adjoining properties or roadways to the maximum reasonable extent possible. Light spill-over for such uses shall not be limited to the one footcandle standard set forth within subsection "a" above. Lighting shall in no way interfere with the vision of oncoming motorists. Submittal of a lighting plan shall be required as a part of the site plan review process.

(c)

Exemptions. The following are not regulated by this ordinance:

(i)

Building façade lighting in commercial or industrial zoning district. For shielded directional façade lighting up to forty (40) lumens per square foot (total lumens from all of the light sources divided by the area of façade being illuminated by that light) where the lights are properly aimed and shielded to not shine visible glare into the public right-of-way or onto adjacent or nearby properties.

(ii)

Low voltage landscape lighting. Electric lighting powered at less than fifteen (15) volts and limited to lamps of less than fifty (50) watts or less, not mounted to poles or buildings, for the purpose of illuminating trees, shrubbery and other natural external elements where the lights are properly aimed and shielded to not shine visible glare into the public right-of-way or onto adjacent or nearby properties.

(Ord. No. 2006-46, 7-25-06; Ord. No. 2008-08, 1-24-08; Ord. No. 2011-039, 7-28-2011; Ord. No. 2011-050, 12-8-2011)

(a)

Applicability. A traffic impact analysis (TIA) shall be required for any development that would generate more than fifty (50) trips during the peak hours, in accordance with the latest edition of the ITE Trip Generation Manual

(1)

A second phase, second subdivision, or addition that generates traffic beyond this threshold when taken as a whole shall also require a TIA, even though that development does not qualify on its own.

(2)

Change of use. A new TIA will be required if the new use would generate traffic beyond the 50 trips during peak hour threshold.

(3)

Regardless of the foregoing, a TIA can be required at any time as determined by the planning division director, city engineer, or their designee in his/her/their sole discretion and judgement when there is a belief that the development may create an adverse impact to the surrounding area.

(b)

Traffic impact analysis plan preparation.

(1)

The TIA shall be conducted by an engineer registered in South Carolina that is experienced in the conduct of traffic analysis, who is one of the consultants the city has previously selected for on-call traffic study services.

(2)

Prior to beginning the traffic impact analysis plan, the applicant shall supply the city with the following:

a.

A written narrative describing the proposed land use(s), size and projected opening date of the project and all subsequent phases;

b.

A site location map showing surrounding development within a one-half (½) mile of the property under development consideration; and

c.

A proposed site plan or preliminary subdivision plat illustrating access to public or private roads and connectivity to other contiguous developments and the preliminary trip generation.

(3)

The city will rely upon the most current edition ITE trip generation manual or any alternative acceptable to the planning and engineering departments, and available information on land use, travel patterns and traffic conditions. After consulting with all applicable agencies, including SCDOT, the city engineer or designee will supply in writing to the applicant and/or his engineer the parameters to be followed in the study including but not limited to function and safety; the directional split of driveway traffic; trip distribution; access points; internal circulation; background traffic growth rate and capacity analysis; previously approved but not completed projects and the intersections to be analyzed along with any associated turning movement counts which are available or discussed and approved by the city.

(4)

After determination of the TIA's scope of services, the applicant shall provide the proposed scope to the city for review and concurrence. Once the scope is agreed upon with the on-call consultant; the fee will be established. The applicant shall provide the agreed upon fee to the city engineer or designee, who will deposit the amount in an escrow or special account set up for this purpose before the consultant's services are obtained. Any funds not used shall be returned to the applicant in a timely manner without interest.

(5)

Additional fees for the TIA may be required if: The applicant substantially amends the application; additional meetings involving the consultant are requested by the applicant; the consultant's appearance is requested at planning commission or city council meetings beyond what was initially anticipated; or the consultant's attendance is required at meetings with regional, state, or federal agencies or boards which were not anticipated in the earlier scope of services; and/or the cost becomes more than originally anticipated due to timing/scope changes. The applicant must reimburse the city these costs prior to the development plan or plat approval.

(c)

Plan contents.

(1)

All phases of a development are subject to review, and all traffic plans for the entire development shall be integrated with the overall traffic analysis. A traffic impact analysis plan for a specific phase of development shall be applicable to the phase of development under immediate review. However, each phase of development shall expand and provide detailed analysis at the development plan stage beyond the estimates provided for at the concept plan or master plan stage.

(2)

Efficient traffic operations, safety and pedestrian accessibility are to be considered in the development plan. The adequacy of the roads to which the development takes access shall be assessed in the TIA. Recommendations for improvements shall be made where operational or safety concerns exist and installation of these improvements shall be required as a condition of any approval from the city. The relative share of the capacity improvements needed shall be broken down as follows: development share, other developments share, any existing over capacity, and capacity available for future growth.

(3)

The following elements shall be included in a traffic impact analysis plan:

a.

Study area. Description of the study area including surrounding land uses and expected development in the vicinity that would influence future traffic conditions. The study area shall include the intersections immediately adjacent to the development and those identified by the city engineer. These intersections may include those not immediately adjacent to the development if significant site traffic could be expected to impact the intersection. If intersections impacted by the development are within a coordinated traffic signal system, then the entire system shall be analyzed. If the signal system is very large, a portion of the system may be analyzed if approved by the city engineer and SCDOT. A study area site map showing the site location is required.

b.

Proposed land use. Description of the current and proposed land use including characteristics such as the number and type of dwelling units, gross and leasable floor area, number of employees, accompanied with a complete project site plan (with buildings identified as to proposed use). A schedule for construction of the development and proposed development stages should also be included.

c.

Existing conditions. Description of existing traffic conditions including existing peak hour traffic volumes adjacent to the site and levels of service for intersections in the vicinity, which are expected to be impacted. Existing traffic signal timings should be used. In general, a.m. and p.m. peak hour counts should be used, but on occasion other peak periods may need to be counted as determined by the city engineer or designee. In some cases, pedestrian counts will be required. Data should be adjusted for daily and seasonal variations. Existing counts may be used if taken within twelve (12) months of the submittal of the TIS. In most cases, counts should be taken when school is in session unless otherwise determined by the city engineer or designee. Other information that may be required may include, but not limited to, crash data, stopping sight distances, and 50th and 85th percentile speeds.

d.

Future background growth. Estimate of future background traffic growth. If the planned completion date for the project or the last phase of the project is beyond one year of the study an estimate of background traffic growth for the adjacent street network shall be made and included in the analysis. In general, the growth factor will be determined from local or statewide data. Also included, is the state, local, or private transportation improvement projects in the project study area that will be underway in the build-out year and traffic that is generated by other proposed developments in the study area.

e.

Estimate of trip generation. The site forecasted trips should be based on the most recent edition of the ITE Trip Generation Manual. A table should be provided in the report outlining the categories and quantities of land uses, with the corresponding trip generation rates or equations, and the resulting number of trips. The reason for using the rate or equation should be documented. For large developments that will have multiple phases, the table should be divided based on the trip generation for each phase. Any reductions due to internal trip capture and pass-by trips, transit use, and transportation demand management should be justified and documented. All trip generation and trip reduction calculations and supporting documentation shall be included in the report appendix.

f.

Trip distribution and traffic assignment. The distribution (inbound versus outbound, left turn versus right turn) of the estimated trip generation to the adjacent street network and nearby intersections shall be included in the report and the basis should be explained. The distribution percentages with the corresponding volumes should be provided in a graphical format.

g.

Analysis and estimate of impact. A capacity analysis should be performed at each of the study intersections and access intersection locations (signalized and unsignalized) in the vicinity of the development. Intersection analysis shall include LOS determination for all approaches and movements. The levels of service will be based on the procedures in the latest edition of Transportation Research Board's Highway Capacity Manual. Coordination analysis will be required for the signal systems or portion of the signal systems analyzed.

h.

Access management standards. The report shall include a map and description of the proposed access including any sight distance limitations, adjacent driveways and intersections, and a demonstration that the number of driveways proposed is the fewest necessary and that they provide safe and efficient traffic operations.

i.

Traffic signalization. If a traffic signal is being proposed, a signal warrant analysis shall be included in the study. The approval of a traffic signal on projected volumes may be deferred until volumes meet warrants given in the MUTCD, in which the developer shall provide funds for the future signal(s) to the city to deposit in an escrow or special account set up for this purpose. The developer should make any laneage improvements during construction so that if in the horizon year a signal is warranted, one may be installed with little impact to the intersection.

j.

Mitigation and alternatives. The traffic impact study should include proposed improvements or access management techniques that will mitigate any significant changes in the levels of service. The city engineer will be responsible for final determination of mitigation improvements required to be constructed by the applicant.

(d)

Traffic impact analysis plan review. The city engineer or designee shall review all traffic impact analysis plans as part of the initial approval for the concept plan or master plan. Final traffic impact analysis plans shall be approved at the development plan phase.

(e)

Action on traffic impact analysis plan. The city engineer or designee must first approve the TIA in regard to completeness and accuracy. Following review of the required impact analysis plan, city engineer or designee shall recommend action as follows:

(1)

Approval of the traffic impact analysis as submitted;

(2)

Approval of the traffic impact analysis plan with conditions or modifications as part of the development review and approval process. An acceptable traffic impact analysis plan with traffic mitigation measures may include the reduction of the density or intensity of the proposed development; phasing of the proposed development to coincide with state and/or county programmed transportation improvements; applicant provided transportation improvements; fees in lieu of construction, or any other reasonable measures to ensure that the adopted traffic service level goals are met. If mitigation is required, it shall be required as a condition of any approval from the city.

(f)

Timing of implementation. If a traffic mitigation program is part of an approved traffic impact analysis plan, the phasing and timing of improvements shall be specified in the mitigation. If the mitigation is phased, the developer may be required to place a performance bond on all traffic mitigation improvements required as a result of his project. This requirement may arise if the timing of the improvements needs to be synchronized with other scheduled improvements anticipated for the area. The amount of the performance bond shall be equal to one hundred twenty-five (125) percent of the estimated construction cost for the required traffic mitigation improvements.

(g)

Responsibility for costs of improvements. The costs of implementation of an approved mitigation program shall be the responsibility of the applicant. No certificates of zoning compliance or building permits shall be issued unless provisions of the transportation impact analysis are met.

(h)

Traffic goals. The average stop time delay in seconds per vehicle for each intersection determined to be critical to the traffic impact analysis for the proposed development shall be compared to the city's adopted traffic service level goal of "D" for the average delay for all vehicles at any intersection and all movements and approaches to the intersection during the a.m. and p.m. peak hours.

(i)

Function and safety improvements. The city engineer or designee may require improvements to mitigate and improve the safety and function of multiple transportation modes the site traffic may impact. These improvements may not be identified in the TIA, but improvements to benefit the function and safety of the transportation system of the development site. These improvements may include but are not limited to center medians, sidewalks and/or bicycle accommodations, modifications to ingress and egress points, roadside shoulders, pavement markings, traffic calming and other traffic control devices.

(Ord. No. 2006-47, 7-25-06; Ord. No. 2022-066, Exh. A, 12-15-2022)

(a)

Definition. A portable storage unit is a fully enclosed structure, box, or trailer that is used for temporary storage. It is typically rented by the owner or residents of a property and delivered and/or removed by truck or trailer.

For the purposes of this section, storage sheds, shipping containers, tool sheds, and dumpsters are not considered portable storage units.

(b)

Use of portable storage units in residential areas.

1.

The temporary use of one (1) portable storage unit in a residential district is permitted while actively being loaded or unloaded for a period not to exceed thirty (30) days per calendar year.

OR

2.

The temporary use of two (2) portable storage units in a residential district is permitted while actively being loaded or unloaded for a period not to exceed fourteen (14) days per calendar year.

(c)

Portable storage units in non-residential areas.

1.

In non-residential districts, the temporary use of one (1) portable storage unit is permitted for a period not exceeding sixty (60) days, provided that the storage unit is not visible from surrounding parcels or the public right-of-way (i.e., the unit is located behind the building, buffered by tall, opaque fencing, or located on a portion of the parcel with no abutting development, etc.). Two (2) instances of storage of up to sixty (60) days are permitted per calendar year.

OR

2.

In non-residential districts, the temporary use of two (2) portable storage units is permitted for a period not exceeding fourteen (14) days, provided that the storage unit is not visible from surrounding parcels or the public right-of-way (i.e., the unit is located behind the building, buffered by tall, opaque fencing, or located on a portion of the parcel with no abutting development, etc.). Two (2) instances of storage of up to twenty-eight (28) days are permitted per calendar year.

(d)

Portable storage unit permit. The user or provider of a portable storage unit shall apply for a permit with the zoning department. The application must identify a purpose for the unit, proposed duration on the site, and include a site plan or sketch showing the property boundaries and the proposed location of the unit on the premises.

1.

Residential use permit.

a.

The duration of the permit for one (1) portable storage unit will be thirty (30) days for residential use.

OR

b.

The duration of the permit for two (2) portable storage units will be fourteen (14) days for residential use.

2.

Non-residential use permit.

a.

The duration of the permit for one (1) portable storage unit will be sixty (60) days for non-residential use.

OR

b.

The duration of the permit for two (2) portable storage units will be fourteen (14) days for non-residential use.

The duration of the permit will be thirty (30) days (one (1) month) for residential use, or sixty (60) days (two (2) months) for non-residential areas.

(e)

Reasonable need. A permit of longer than thirty (30) days (residential) or sixty (60) days (non-residential) can be issued by the zoning department to extend the duration of temporary outdoor storage. For the purposes of this section, reasonable need includes cases of home damage or destruction, significant renovation or repair, construction, relocation, or other events warranting the need for temporary storage outside the home. At the discretion of the zoning administrator, an extended permit may provide the applicant up to an additional ninety (90) days (total of four (4) months) or for the duration of a building permit, whichever is shorter.

(f)

Placement and dimensions of portable storage units.

1.

Physical dimensions. Each storage unit cannot exceed the following dimensions: eight and one-half (8½) feet in height; twenty (20) feet in length; eight (8) feet in width.

2.

Location. Portable storage units shall be housed in the rear yard of residential property. However, if there is no practical access for the rear yard, the unit may be positioned in the side yard side. If there is no practical access for the side yard, then the unit may be positioned in the driveway in the front yard. Storage units are prohibited in front yards, side yards, sidewalks, roads, or other rights-of-way, unless no other reasonable alternatives exist, or unreasonable hardship to the owner is created.

3.

Placement. The placement of portable storage units must meet all setback requirements, and other applicable building and fire regulations for accessory structures.

4.

Signage. A sign displaying the storage unit provider and contact information must be located on the storage unit. The amount of signage on the unit is not limited, but must pertain to the provider of the storage unit, and must not include advertising for any additional products or services.

(Ord. No. 2010-14, 3-11-10; Ord. No. 2011-019, 5-26-2011)

(a)

Definition:

Short term rental (STR). For the purposes of this section, "short term rental" shall mean a dwelling unit intended to provide temporary sleeping accommodations for no more than two (2) persons per bedroom, up to eight (8) persons (including children) maximum, for a period not to exceed twenty-nine (29) consecutive days per rental.

(b)

Requirements for short term rentals. Short term rentals shall be allowed as a conditional use of legally established dwelling units, except non-conforming dwellings in industrial districts, provided the following conditions are met:

1.

The number of STR overnight guests in the STR unit shall not exceed two (2) persons per bedroom, up to eight (8) persons (including children) maximum, and this maximum shall be posted in the STR and included in advertising;

2.

A minimum of one (1) off-street or allocated parking space is provided for each two (2) bedrooms rented within the STR unit(s). Additionally, excepting the "street parking area" shown in section 4-11.1(b), sufficient off-street or allocated on-street parking in the quantities required for the STR unit(s), and per section 4-10(a) for all other uses located on the subject property, shall be documented prior to receiving an STR permit;

3.

No vehicle associated with the property on which the STR unit has been approved (whether the vehicle is owned by STR guest, property owner, or other tenant) shall be street parked during an STR stay, other than on-street parking units formally allocated to a property or associated with an STR located in the "street parking area" shown in section 4-11.1(b).

4.

Other than wall or window signage not to exceed one (1) square foot, the property shall not contain exterior signs advertising the STR use;

5.

The applicable HOA/POA does not prohibit the use based on restrictive covenants or by-laws;

6.

The hosting of events, such as weddings, parties, or similar gatherings, is prohibited;

7.

A STR permit and an active business license for the use is filed by the property owner(s) with the city;

8.

No more than three (3) notices of violations of the city's zoning, noise or refuse ordinance have been the subject of a zoning department notice of violation in the previous one-year period. Issuance of the fourth such notice of violation shall render all previously issued STR permitting and licensing null and void

a.

Review of such determinations shall, if sought, be performed by the board of zoning appeals, in accordance with section 7-6 of the Zoning Ordinance.

9.

The STR's registration number shall be posted in the STR and included in advertising;

10.

All required taxes are paid;

11.

The STR is permitted by the city's planning and zoning department, and the registration is renewed annually by February 28; and

12.

The property owner shall identify a contact, with twenty-four-hour cellphone availability, who is available to be on site within thirty (30) minutes of notice. Failure of a property point of contact to arrive on scene within thirty (30) minutes of a city call for assistance being placed shall constitute a violation of this Ordinance.

(c)

Dwelling units on commercially zoned parcels are subject to the provisions of subsection 4-21(b) above.

(d)

Parcels with ten (10) or more rental units, as well as buildings or units properly permitted as and holding valid business licenses as hotels, motels, or other transient housing, are exempt from the provisions of subsection 4-21(b) above, provided an active business license for the rental use is filed with the city. A separate business license for each short term rental unit is required, except for hotels, motels, and other transient housing.

(e)

Amortization. Uses not in conformity with section 4-21 prior to January 1, 2023 shall not be grandfathered, but shall rather be considered in violation of this section of the ordinance.

(f)

Maximum number of STR permits allowed.

1.

The maximum number of STR permits allowed to be issued in each council district shall not exceed sixty (60) (the "caps").

2.

The following shall be exempt from the caps:

a.

Room rentals within owner-occupied dwelling units assessed at the four (4) per cent ratio by the county assessor's office. These units are exempt from the applicable district cap for the issuance of the initial permit and shall not count toward the permitted units subject to the applicable district cap.

b.

All units for which STR applications had been submitted as of January 13, 2025, and such permit application has not been denied, shall be eligible to obtain an STR permit, even if the applicable district cap has been exceeded, provided the permitting process is complete and the permit issued by February 28, 2025. These units are exempt from the applicable district cap for the issuance of the initial permit, but shall count as permitted units subject to the applicable district cap.

c.

Dwelling units on properties annexed into the city after December 31, 2024. These units are exempt from the applicable district cap for the issuance of the initial permit, but shall count as permitted units subject to the applicable district cap.

3.

Any permitted STR unit which remains in good standing, and has not been cancelled at the owner's request, may continue to be issued a renewal permit annually, even if the applicable district cap has been exceeded, provided the renewal application is submitted by February 28 of the current year.

4.

The city shall not issue additional STR permits in a council district where the applicable district cap has been exceeded, other than renewal permits and those issued to units exempted from the caps, until the number of active STR permits drops below the maximum number of STR permits allowed in the particular council district. STR applications for permits in council districts where number of permits issued exceeds the maximum number of STR permits allowed shall be processed for compliance, but the units shall not be inspected, until the number of STR permits in good standing in the particular council district has fallen below the maximum allowed. At that time, the applicant with the oldest STR permit application in "contingent approval" status shall be contacted to set up inspections and obtain a permit. Applications for units which are determined to have been listed or used for STR stays (without holding a valid permit) within six (6) months of the date of application shall not be eligible for STR permits.

(g)

Compliance. The property owner(s), as the permit holder(s), are responsible for ensuring compliance with these regulations. Citations for noncompliance may be written to the property owner(s), property manager(s), emergency contact(s), STR guest(s), and/or other persons occupying an STR unit, whether permitted or not permitted.

(h)

Change of ownership. STR permits are issued in the property owner's name and are not transferrable to subsequent owners. STR permits are rendered null and void by a change of ownership, other than when the ownership changes due to following:

a.

The creation or dissolution of a trust, limited liability company (LLC), or similar legal entity, of which the new owner is or was a trustee or member;

b.

Inheritance of the property via a will or probate; or

c.

Deeding of the subject property from one (1) joint owner to another joint owner or by a right of survivorship.

Documentation of one (1) of the above ownership changes will be required prior to updating an existing permit or issuing a renewal permit.

(i)

Fees. Permit fees for STR permits shall be:

1.

Initial permit for STR unit: Three hundred fifty dollars ($350.00).

2.

Renewal permit for STR unit: Two hundred fifty dollars ($250.00).

The above permit fees are in addition to required business license fees and accommodations taxes.

(Ord. No. 2022-033, Exh. A, 5-26-2022, eff. 1-1-2023; Ord. No. 2023-022, Exh. A, 4-27-2023; Ord. No. 2025-010, Exh. A, 2-27-2025)