CONDITIONAL USEs are identified within each of the zoning districts established by this ordinance. These uses are generally compatible with other uses within the district but may have the potential to adversely impact adjacent districts or uses unless conditions are imposed to mitigate potential nuisance effects. For example, there may be operational characteristics such as excessive traffic, noise, late hours of operation, or other factors that warrant the imposition of requirements, conditions, or limitations, in addition to the base requirements applicable to all uses allowed within the respective district. This article specifies those added requirements for the CONDITIONAL USEs identified in each district's schedule of uses.

A.

The ZONING ADMINISTRATOR shall be responsible for reviewing and deciding upon all requests for CONDITIONAL USEs.

B.

Requests for approval of a CONDITIONAL USE shall be submitted to the ZONING ADMINISTRATOR on a form made available for that purpose, along with the required application fee and a SITE DEVELOPMENT PLAN, as specified in Article 14. The ZONING ADMINISTRATOR shall review the application and SITE DEVELOPMENT PLAN for completeness, as well as conformance with the requirements of the zoning district in which the property is located and the applicable requirements for the use specified in this article.

C.

Based on conformance of the request with the general requirements of Section 9.3 and the specific requirements of Section 9.4 applicable to the proposed CONDITIONAL USE, the ZONING ADMINISTRATOR shall approve, approve with conditions, or deny the application.

D.

If an application for CONDITIONAL USE is found to meet all applicable requirements, it shall be approved.

E.

If denied, the applicant may appeal the ZONING ADMINISTRATOR's decision to the Board of Zoning Appeals.

The following general requirements shall be satisfied for all CONDITIONAL USEs:

A.

The proposed use shall comply with all applicable requirements of this ordinance such as, but not limited to, district requirements, parking, signs, and landscaping, unless modified by this article for a specific use.

B.

The SITE DEVELOPMENT PLAN for the proposed use shall be complete and satisfy the SITE DEVELOPMENT PLAN review criteria of Section 14.6. Where required, the SITE DEVELOPMENT PLAN shall be reviewed and approved by the reviewing authority, pursuant to the provisions of Article 14, prior to the commencement of any DEVELOPMENT activities.

C.

Where minimum separation distances are required between a CONDITIONAL USE and other uses or district boundaries, the separation distance shall not apply retroactively if the specified condition did not exist at the time of approval.

A.

ACCESSORY DWELLING Units.

1.

The parcel containing the ACCESSORY DWELLING unit shall be at least 1.5 acres in area.

2.

The ACCESSORY DWELLING unit shall be located within, or permanently attached to, the principal dwelling.

3.

No more than one (1) ACCESSORY DWELLING unit may exist on any parcel.

4.

The total floor area of the ACCESSORY DWELLING unit shall not exceed the lesser of 50 percent of the heated square footage of the principal dwelling, or 900 square feet.

5.

The applicant shall submit detailed construction plans and obtain all required permits in accordance with the requirements of this ordinance prior to establishing an ACCESSORY DWELLING unit.

6.

Non-paying guests of the owners or residents of the principal dwelling may occupy an ACCESSORY DWELLING unit, but the unit may not be rented or leased, or offered for rent or lease, as a standalone SHORT-TERM RENTAL UNIT.

B.

Drive-in and Drive-Through Facilities.

1.

Stacking space for at least four (4) vehicles shall be provided at each window or machine.

2.

Stacking spaces shall be located so as not to interfere with vehicular circulation, PARKING SPACEs, and egress from the property by vehicles not using the drive-through portion of the facility.

3.

Vehicular access to the site shall comply with the driveway spacing standards of the Seabrook Island Road OVERLAY DISTRICT, if applicable, but, in no case shall an access driveway be located closer than 200 feet to any intersection or other driveway on the same side of the street, as measured from centerline to centerline.

4.

Internal circulation and access to/egress from the site shall not impair the movement of other modes of transportation, such as bicycles and pedestrians, to and through the site.

C.

Dwellings on Upper Floors Above Businesses.

1.

DWELLING UNITs shall not be located on the street level.

2.

NONRESIDENTIAL USEs, including storage, shall not be located on the same floor as a DWELLING UNIT.

3.

One (1) on-site PARKING SPACE shall be provided per bedroom for each DWELLING UNIT.

D.

Establishments Serving Alcoholic Beverages.

1.

The establishment shall meet all requirements of and be licensed by the State of South Carolina.

2.

Live entertainment or other forms of amplified sound shall not be permitted outdoors unless the establishment is at least 1,000 feet from any residential district boundary or residential DWELLING UNIT; provided, this separation requirement shall not apply to DWELLING UNITs located within the MU District or to any TEMPORARY EVENT or TEMPORARY USE which is duly permitted by the TOWN.

3.

The requirements related to outdoor seating, as specified in Subsection K, shall also apply.

E.

Helipads.

1.

The proposed helipad and all appurtenant facilities and equipment shall be constructed, operated, and maintained in accordance with the published rules, regulations, and guidelines of the Federal Aviation Administration and the South Carolina Aeronautics Commission.

2.

The proposed helipad and all appurtenant facilities and equipment shall conform to National Fire Protection Association Standard 418, Standards for Heliports, as amended; provided, portable fire extinguishers shall be required at all helipads at a location and stored in a manner approved by the St. Johns Fire District.

3.

The touchdown and lift-off area (TLOF), as defined in Federal Aviation Administration Advisory Circular 150/5390-2B, or any successor advisory circular, shall be a minimum of:

a.

300 feet from any adjoining property boundary,

b.

500 feet from any BUILDING on property in the surrounding area, other than property owned by the applicant, and

c.

2,640 feet from the TLOF of any other helipad.

4.

The use shall be located on a LOT or LOTs in common ownership having a minimum LOT AREA of five (5) acres.

5.

The facility shall not be used for arrival or departure of a helicopter between the hours of 10:00 p.m. and 7:00 a.m.

6.

The facility shall be limited to private, not-for-hire personal use, and shall not be used for any commercial or business purpose.

7.

The facility shall be accessory to and ordinarily located on a LOT occupied by, or contiguous with, a PRINCIPAL USE of the facility owner. The ZONING ADMINISTRATOR may approve a location on a LOT that is separated by a public or PRIVATE STREET right-of-way from the PRINCIPAL USE LOT, if it is determined that such a location best conforms with the CONDITIONAL USE standards of this section and the SITE DEVELOPMENT PLAN criteria of Section 14.6.

8.

A helicopter shall not remain in operation on the ground for a period of time greater than necessary for startup/shutdown, loading, and otherwise essential ground operations (generally no longer than five (5) minutes).

9.

As a condition of approval, the ZONING ADMINISTRATOR may impose limits on:

a.

The size and type of rotorcraft permitted to use the facility;

b.

The frequency of helicopter operations permitted at the facility; and

c.

The location, design, type, size, and use of any exterior lighting, BUILDINGs, fuel storage or other equipment or facilities associated with the heliport.

10.

The provisions of this subsection shall not apply to emergency operations conducted by law enforcement and public safety agencies or emergency medical service providers.

F.

HOME OCCUPATIONs.

1.

The HOME OCCUPATION shall be undertaken entirely within the principal DWELLING UNIT and shall not occupy more than 25 percent of the LIVABLE FLOOR AREA of the dwelling. No business shall be conducted in an ACCESSORY BUILDING.

2.

RETAIL or service uses that require customers or clients to visit the business shall not be permitted.

3.

There shall be no change to the exterior appearance of the dwelling or premises.

4.

Only PERSONs residing in the DWELLING UNIT shall be engaged in the HOME OCCUPATION.

5.

Equipment used in the conduct of the HOME OCCUPATION shall be limited to that customarily found in a home. No mechanical equipment or activity shall create dust, noise, odor, or electrical disturbance beyond the confines of the LOT on which the occupation is conducted.

6.

No outdoor display of articles, merchandise, or products shall be permitted.

7.

Trash disposal shall not exceed typical quantities of household trash.

8.

Traffic shall not be generated in greater volume than would normally be expected in a residential neighborhood.

G.

KENNELs, Commercial.

1.

If KENNELs, pens, runs, exercise yards, or other areas for the outdoor confinement of animals are provided, the minimum LOT size shall be two (2) acres.

2.

Outdoor areas in which animals are kept shall not be located within any front or SIDE YARD and not within any required REAR YARD.

3.

Outdoor areas in which animals are kept shall not be nearer than 100 feet to any residential district or DWELLING UNIT.

4.

Outdoor areas in which animals are kept shall be enclosed by a wall or FENCE at least six (6) feet high.

H.

MARINA.

1.

Minimum LOT AREA shall be two (2) acres measured at mean high tide and excluding WETLANDs, CRITICAL AREAS, lands under water, and surface water.

2.

Minimum LOT WIDTH shall be 100 feet.

3.

Fuel-dispensing shall be for use only by boats and other types of watercraft.

4.

Fuel-dispensing shall be located on the same LOT as the PRINCIPAL USE and shall be no closer than 100 feet to any residential zoning district boundary.

5.

Enclosed boat storage facilities may be constructed to a maximum BUILDING HEIGHT of 40 feet above the DESIGN FLOOD ELEVATION. Unenclosed boat storage shall not exceed the height of any enclosed boat storage building and shall be measured to the top of the highest boat.

I.

OPEN AIR RECREATION.

1.

Unlighted athletic fields, athletic courts, and pools shall provide a level "B" BUFFER, as specified in Section 11.3 A, adjacent to any residential zoning boundary.

2.

Lighted athletic fields, athletic courts, and pools shall provide a level "C" BUFFER, as specified in Section 11.3 A, adjacent to any residential zoning boundary.

J.

Outdoor Display for RETAIL ESTABLISHMENTS.

1.

The outdoor storage and display area shall not impede safe pedestrian and vehicular circulation and emergency access. Maneuvering aisles shall be kept free of all obstruction.

2.

The sale or outdoor display of merchandise shall not be permitted within the required SETBACK areas.

3.

Outdoor storage and display areas located on PARKING LOTs shall not reduce the available PARKING SPACEs to fewer than those required by Section 12.3 for the PRINCIPAL USE.

4.

No outdoor display area or parking serving an outdoor display area shall be located within 50 feet of any residential district or dwelling, not including dwellings in the MU District.

5.

The storage of soil, sand, mulch, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties. The outdoor storage of fertilizers, pesticides, and other hazardous materials, unless packaged in approved containers, is prohibited.

6.

All outdoor display and sales areas shall be paved with a permanent, durable, and dustless surface and shall be graded and drained to dispose of all surface water.

7.

All loading and truck maneuvering shall be accommodated on-site. Maneuvering in the public right-of-way or PRIVATE STREET is prohibited.

8.

Lighting for security purposes may be required, as determined by the ZONING ADMINISTRATOR. All lighting shall be shielded from adjacent residential districts and dwellings.

9.

Permanent outdoor storage areas shall be attached to and be considered part of the principal BUILDING relative to all SETBACK requirements. The storage area shall be fenced with a decorative FENCE or wall at least six (6), but no more than eight (8), feet in height. Chain-link or similar style FENCEs are prohibited.

10.

The ZONING ADMINISTRATOR may require a sight-obscuring screen that meets maximum FENCE height requirements for the zoning district around any storage or display area. Stored materials and stockpiles shall not be piled or stacked higher than the height of the obscuring screen.

K.

Outdoor Seating for Eating/Drinking Establishments.

1.

The area devoted to outdoor service must be ancillary to the main use of an indoor RESTAURANT, bakery, delicatessen, specialty food store, tavern, or similar establishment.

2.

The area devoted to outdoor service may be covered, but not enclosed. As such, the outdoor service area may encroach into the required rear or side setback area, but no closer than 15 feet to the property line; provided, all other special use requirements of this subsection are met.

3.

The area devoted to outdoor service shall not encroach upon or extend over any public walkway, street, alley, or right-of-way.

4.

The outdoor service area shall not obstruct visibility of on-coming pedestrians or vehicular traffic.

5.

The type and style of furniture to be used shall be shown in conjunction with the SITE DEVELOPMENT PLAN submittal for the CONDITIONAL USE request.

6.

The sale of alcoholic beverages is subject to the rules and regulations of the State of South Carolina.

7.

The area devoted to such outdoor dining area shall be maintained in a safe, clean, and sanitary manner.

8.

If located within 100 feet of a residential zoning district or residential DWELLING, the outdoor seating area shall not be opened past midnight.

L.

Outdoor Storage Facilities.

1.

Outdoor storage facilities shall comply with the SETBACK requirements for principal BUILDINGs within the applicable district.

2.

Outdoor storage in the MU District shall be located in the REAR YARD or between STRUCTUREs only.

3.

Outdoor storage in the CF District may be located in the REAR YARD or SIDE YARD only.

4.

All outdoor storage yards shall be paved or have another type of hard surface.

5.

Screening of outdoor storage yards shall be provided along all sides in accordance with the requirements of Section 11.3 B.

6.

Outdoor storage yards shall only be permitted in conjunction with a PRINCIPAL USE on the property.

7.

No flammable or explosive liquids, solids, or gases shall be stored in bulk, not including individual propane tanks, above ground.

M.

RECREATIONAL VEHICLE Storage.

1.

The perimeter of the storage yard shall be enclosed by a FENCE or wall, at least six (6) feet but no more than eight (8) feet high, in accordance with the requirements of Section 2.5 B.

2.

All vehicles, equipment, and materials stored on the property shall be SETBACK from the respective property line as follows:

a.

Front: 30 feet.

b.

Rear: 30 feet.

c.

Side: 15 feet.

3.

A BUFFER shall be installed as applicable in accordance with the requirements of Section 11.3 A.

4.

The storage yard shall be hard surfaced which may include paving and/or PERVIOUS material approved by the ZONING ADMINISTRATOR.

N.

RETAIL ESTABLISHMENTs Larger than 5,000 square feet.

1.

The minimum LOT AREA shall be 20,000 square feet.

2.

The minimum LOT WIDTH shall be 100 feet.

3.

No individual RETAIL ESTABLISHMENT shall exceed 10,000 square feet and no BUILDING containing multiple establishments shall exceed 50,000 square feet.

4.

Outdoor storage shall not be permitted.

O.

SHORT-TERM RENTAL UNITs.

1.

Definitions. For purposes of this subsection, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:

a.

Authorized agent. A PERSON meeting the minimum qualifications of a qualified local contact who is designated by the owner of a SHORT-TERM RENTAL UNIT to ensure compliance with all conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code, on the owner's behalf. Any agent so designated shall be authorized to:

i.

Apply for a SHORT-TERM RENTAL permit on behalf of the property owner;

ii.

Advertise, manage, and otherwise operate the SHORT-TERM RENTAL UNIT on behalf of the property owner;

iii.

Ensure that the SHORT-TERM RENTAL UNIT complies with all conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code;

iv.

Ensure that renters of the SHORT-TERM RENTAL UNIT comply with all conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code;

v.

Serve as the qualified local contact for the SHORT-TERM RENTAL UNIT; and

vi.

Accept service of process on behalf of the property owner, pursuant to Rule 4(d)(1) of the South Carolina Rules of Civil Procedures.

b.

Fossil fuels. Any energy source which is formed in the Earth's crust from decayed organic material, including petroleum, coal, and natural gas. The term shall also include products which are derived from the refinement or fractionation of fossil fuels, including, without limitation, propane, butane, ethane, gasoline, and diesel.

c.

Host. Any PERSON who uses, rents, or advertises for rent, a DWELLING UNIT as a SHORT-TERM RENTAL UNIT for consideration within the TOWN. By default, the owner of the SHORT-TERM RENTAL UNIT shall be considered the host unless he or she designates an authorized agent to act on his or her behalf, in which case the authorized agent shall be considered the host; provided, the designation of an authorized agent shall not relieve the property owner from any personal responsibility and personal liability for violations of this subsection, or any other applicable provision set forth in this ordinance or the TOWN Code.

d.

License year. The period beginning May 1st of each year and ending April 30th of the following year.

e.

Negligible rental activity. A SHORT-TERM RENTAL UNIT shall be deemed to have had "negligible rental activity" if the required rental activity report submitted by the host demonstrates that:

i.

The SHORT-TERM RENTAL UNIT was occupied by renters for fifteen (15) days or less during the preceding license year; or

ii.

The SHORT-TERM RENTAL UNIT generated less than five thousand dollars ($5,000.00) in gross income from rental activities during the preceding license year.

f.

Overnight hours. The period between 11:00 pm and 7:00 am.

g.

Passenger vehicle. Any type or class of passenger car, sport utility vehicle (SUV), pickup truck, or van with a maximum seating capacity of 10 or fewer passengers (including the driver); passenger van with a maximum seating capacity of 15 or fewer passengers (including the driver); moped; motorcycle; golf cart; or low-speed vehicle (LSV); which is manufactured primarily for the purpose of carrying passengers.

h.

Personal USE. A lawfully permitted SHORT-TERM RENTAL UNIT is deemed to be occupied for personal USE when the DWELLING UNIT is occupied exclusively by:

i.

The property owner(s) of record;

ii.

The property owner(s) of record and members of their immediate family;

iii.

The property owner(s) of record and their non-paying guests;

iv.

Non-paying guests where at least one of the occupants is related by blood, adoption, or marriage to the property owner(s) of record, including parents, siblings, spouses, children, grandparents, and/or grandchildren; or

v.

Long-term tenants who are occupying the DWELLING UNIT for a term of thirty (30) or more consecutive days.

i.

Qualified local contact. A PERSON who:

i.

Is physically located, or has associates and/or employees who are physically located, within fifty (50) miles of the SHORT-TERM RENTAL UNIT;

ii.

Maintains a local 24-hour emergency contact number;

iii.

Is accessible and available, on behalf of the property owner, to respond to and resolve emergency situations, alleged violations, inquiries, or inspection requests from the TOWN, or any other entity having jurisdiction over the SHORT-TERM RENTAL UNIT, including the ability to be physically present and enter the SHORT-TERM RENTAL UNIT if presence and/or entry is required, within two (2) hours of receiving notification;

iv.

Is capable, in the event of a water leak, of shutting off, or causing to be shut off, the main water valve serving the SHORT-TERM RENTAL UNIT;

v.

Ensures, in the event of temporary absence or inability to respond, that all calls will be routed to another responsible PERSON who is capable of responding in the same manner as the qualified local contact; and

vi.

Is authorized, on behalf of the property owner, to send and receive communication to and from the TOWN, as well as renters of the SHORT-TERM RENTAL UNIT, to ensure the property and its occupants maintain compliance with all conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code.

j.

Qualifying event. The occurrence of any one (1) or more of the following:

i.

Change of property ownership as a result of an exempt transfer;

ii.

Change of address, unit number, or tax map number of the SHORT-TERM RENTAL UNIT;

iii.

Change in legal name, mailing address, or contact information of the property owner(s), authorized agent, and/or qualified local contact for the SHORT-TERM RENTAL UNIT;

iv.

Designation of a new authorized agent;

v.

Designation of a new qualified local contact; and

vi.

Change of overnight occupancy limit and/or maximum number of overnight vehicles as a result of the addition or deletion of code-compliant bedrooms within the SHORT-TERM RENTAL UNIT.

k.

Rental-related violation.

i.

A violation of any condition or requirement set forth in this subsection, or

ii.

A violation of any other applicable provision set forth in this ordinance or the TOWN Code, at, within, or upon the premises of, a SHORT-TERM RENTAL UNIT, which is committed by a rental guest or while the SHORT-TERM RENTAL UNIT is occupied by rental guests.

l.

Renter. Any PERSON or group of PERSONs, including their guests, who rents a SHORT-TERM RENTAL UNIT within the TOWN for a term of less than thirty (30) consecutive days in return for consideration.

m.

SHORT-TERM RENTAL permit. A permit from the TOWN authorizing a DWELLING UNIT to be used, rented, or advertised for rent, as a SHORT-TERM RENTAL UNIT. When used in reference to a specific class of permit (standard, provisional, or temporary), the term is intended to apply only to that class of permit. Otherwise, the term is intended to apply generally to all classes of SHORT-TERM RENTAL permits.

n.

SHORT-TERM RENTAL permit caps. The maximum number of DWELLING UNITs within designated areas of the TOWN which may be permitted as SHORT-TERM RENTAL UNITs at a given time, subject to any exemptions set forth in this subsection.

o.

SHORT-TERM RENTAL platform. An online rental marketplace, such as a website or mobile application, which allows individuals and/or companies to advertise SHORT-TERM RENTAL UNITs to perspective renters for stays of less than thirty (30) consecutive days in return for consideration. Examples may include, but are not limited to: Airbnb, Booking.com, Expedia, Trip Advisor, and VRBO.

p.

Transfer, exempt. The sale or transfer of ownership, in whole or in part, of any land and all improvements on the land, tenements, or other realty, from one PERSON to another PERSON, which meets the criteria set forth herein.

i.

All sales or transfers of ownership which are completed between May 1, 2025, and April 30, 2027, shall be considered exempt transfers.

ii.

Beginning May 1, 2027, only the following types of sales or transfers of ownership shall be considered exempt transfers:

(a)

Sale or transfer of ownership to an individual, or group of individuals, where at least one of the grantees is related by blood, adoption, or marriage to the most recent owner(s) of record, including parents, siblings, spouses, children, grandparents, and/or grandchildren;

(b)

Sale or transfer of ownership to the heir(s) of the most recent owner(s) of record following their death, including transfers by instrument or deed of distribution assigning, transferring, or releasing real property to the distributee of an estate pursuant to S.C. Code of Laws, Section 62-3-907, and transfers of ownership from a trust to a trust distribute upon the settlor's death, pursuant to the trust terms;

(c)

Sale or transfer of ownership resulting from a court order;

(d)

Sale or transfer of ownership to a trust, partnership, corporation, or similar entity in which the most recent owner(s) of record retained an ownership stake of at least fifty (50%) percent; and

(e)

Any other sale or transfer of ownership which is exempt from the deed recording fee pursuant to S.C. Code of Laws, Section 12-24-40, and marked as "exempt from deed recording fee" on the Affidavit of Taxable or Exempt Transfer form recorded with the deed.

q.

Transfer, non-exempt. The sale or transfer of ownership, in whole or in part, of any land and all improvements on the land, tenements, or other realty, from one PERSON to another PERSON, which does not meet the criteria set forth in subparagraph (p).

2.

General provisions.

a.

In general. Except as otherwise provided in this subsection, no BUILDING, STRUCTURE, DWELLING UNIT, or premises shall be used, rented, or advertised for rent, as a SHORT-TERM RENTAL UNIT, and no PERSON shall use, rent, or advertise for rent, any BUILDING, STRUCTURE, DWELLING UNIT, or premises, as a SHORT-TERM RENTAL UNIT, except in conformity with the conditions and requirements set forth in this subsection.

b.

Permit required. Subject to the conditions, requirements, and procedures set forth in this subsection, a SHORT-TERM RENTAL permit shall be required for all residential DWELLING UNITs which are used, rented, or advertised for rent, as a SHORT-TERM RENTAL UNIT within the TOWN. A separate permit shall be required for each SHORT-TERM RENTAL UNIT. Unless otherwise provided, a lawfully issued SHORT-TERM RENTAL permit shall remain valid indefinitely unless the permit is modified, suspended, revoked, abandoned, or cancelled, pursuant to the criteria and procedures set forth in this subsection.

c.

Inspections. Subject to the notice requirements set forth in subsection 9.4 O(5)(f), all SHORT-TERM RENTAL UNITs shall be subject to inspection by the TOWN to verify compliance with the conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code.

d.

Property owner responsibility. A property owner who uses, rents, or advertises for rent, any DWELLING UNIT within the TOWN as a SHORT-TERM RENTAL UNIT shall comply with all conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code. A property owner shall not be relieved from any personal responsibility and personal liability for violations of any applicable law, rule, or regulation which are committed, or allowed to be committed, at, within, or upon the premises of, a SHORT-TERM RENTAL UNIT which he or she owns, regardless of whether such violation was committed by the property owner, authorized agent, qualified local contact, or renters of the SHORT-TERM RENTAL UNIT.

e.

Authorized agent. A property owner may designate an authorized agent to comply with all conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code, on the owner's behalf; provided, the designation of an authorized agent shall not relieve the property owner from any personal responsibility and personal liability. The authorized agent must sign an acknowledgement confirming that he or she understands the responsibilities of the authorized agent and agrees to perform those responsibilities on behalf of the property owner. An authorized agent shall be jointly and severally liable for violations of any applicable law, rule or regulation which are committed, or allowed to be committed, at, within, or upon the premises of, a SHORT-TERM RENTAL UNIT which the agent is authorized to manage. Upon issuance of a SHORT-TERM RENTAL permit, any change to the authorized agent of record, including changes in contact information, shall be filed with the ZONING ADMINISTRATOR within five (5) business days by way of a permit modification.

f.

Qualified local contact. If the property owner does not maintain a permanent place of residence within fifty (50) miles of the SHORT-TERM RENTAL UNIT, or if the property owner intends to rent his or her permanent place of residence, the property owner shall designate a qualified local contact. In the event a property owner designates an authorized agent, as provided in subparagraph (e) above, the authorized agent shall serve as the qualified local contact. The qualified local contact must sign an acknowledgement confirming that he or she understands the responsibilities of the qualified local contact and agrees to perform those responsibilities on behalf of the property owner. Upon issuance of a SHORT-TERM RENTAL permit, any change to the qualified local contact of record, including changes in contact information, shall be filed with the ZONING ADMINISTRATOR within five (5) business days by way of a permit modification.

3.

Specific conditions for SHORT-TERM RENTAL UNITs.

a.

General requirements.

i.

Allowable DWELLING UNIT types. A SHORT-TERM RENTAL permit may only be issued for a conforming or legally NONCONFORMING residential DWELLING UNIT. ACCESSORY BUILDINGS and STRUCTURES, including, but not limited to, ACCESSORY DWELLINGs, pool houses, storage sheds, GARAGEs, and finished rooms over a GARAGE, shall not be permitted as a stand-alone SHORT-TERM RENTAL UNIT. No vehicle, boat, RECREATIONAL VEHICLE, storage unit, or non-residential BUILDING or STRUCTURE may be used, rented, or advertised for rent, as a SHORT-TERM RENTAL UNIT.

ii.

Allowable rental types. A DWELLING UNIT which is permitted to operate as a SHORT-TERM RENTAL UNIT may only be used, rented, or advertised for rent, as an entire unit. A permit holder shall not use, rent, or advertise for rent, less than an entire DWELLING UNIT, such as an individual bed or bedroom, or a BUILDING or STRUCTURE which is accessory to the principal DWELLING UNIT. Nothing herein is intended to prohibit or limit a property owner's ability to lock or otherwise restrict renter access to individual rooms, closets, or ACCESSORY BUILDINGS or STRUCTURES, within, or upon the premises of, a lawfully permitted SHORT-TERM RENTAL UNIT.

iii.

Limitations on other uses.

(a)

Commercial activities. No host or renter shall conduct, or allow to be conducted, any commercial activities at, within, or upon the premises of, a SHORT-TERM RENTAL UNIT while renters are occupying the unit. Notwithstanding the foregoing, the following activities shall be expressly permitted:

(i)

Commercial activities undertaken by a host or renter which are clearly incidental to the RESIDENTIAL USE and which do not affect the residential character of the DWELLING UNIT, including, by way of example, professional services which are provided remotely, remote processing of payments or other business transactions, engaging in remote meetings or electronic communications, and similar activities; and

(ii)

Duly licensed vendors and contractors who are providing goods or services to the host or renters, or who are providing goods or services necessary for the continued operation and MAINTENANCE of the SHORT-TERM RENTAL UNIT.

iv.

Rental activity report. Beginning May 1, 2025, each host shall maintain a log of all SHORT-TERM RENTAL stays. No later than April 30th of each year, the host shall submit to the TOWN an annual rental activity report for the preceding license year. The annual rental activity report shall be provided on a form made available by the ZONING ADMINISTRATOR for that purpose and shall be submitted with the annual business license renewal application. At a minimum, the annual rental activity report shall include the check-in and check-out date for each rental stay, the zip code of the lead booker for each rental stay, the total number of occupants for each rental stay, and the total revenue collected (excluding taxes) for each rental stay.

v.

Restrictions for DWELLING UNITS following unlawful rental activity. In the event a host is found guilty, either by admission or by the municipal judge, of using, renting, or advertising for rent, a DWELLING UNIT as a SHORT-TERM RENTAL UNIT without first applying for and obtaining a valid SHORT-TERM RENTAL permit, the DWELLING UNIT shall not be eligible for issuance of a SHORT-TERM RENTAL permit for one (1) year following the date of conviction. The one (1) year waiting period shall not apply in instances where the DWELLING UNIT is sold or transferred via a non-exempt transfer.

vi.

Restrictions for DWELLING UNITs following work by an unlicensed residential builder or specialty contractor. If a property owner has obtained an exemption from the Charleston County Building Inspections Department, pursuant to S.C. Code of Laws, Section 40-59-260, to undertake work on a DWELLING UNIT which would otherwise be required to be completed by a licensed residential builder or specialty contractor, the DWELLING UNIT may not be permitted or operated as a SHORT-TERM RENTAL UNIT until two (2) years after the work has been completed or a certificate of occupancy has been issued.

vii.

Restrictions for DWELLING UNITs which are under construction or renovation. Except as otherwise provided in this subsection, a DWELLING UNIT which is actively under construction or renovation may not be permitted or operated as a SHORT-TERM RENTAL UNIT until the construction or renovation work has been completed or a certificate of occupancy has been issued.

viii.

Restrictions for unsafe STRUCTUREs. Except as otherwise provided in this subsection, a DWELLING UNIT which has been damaged beyond REPAIR, destroyed, or condemned by the Charleston County Building Inspections Department as unfit for human occupancy, or which is rendered unsafe due to damage (other than damage beyond REPAIR), disrepair, or neglect, may not be permitted or operated as a SHORT-TERM RENTAL UNIT until the work necessary to reconstruct, REPAIR, or restore the DWELLING UNIT to a safe condition has been completed or a certificate of occupancy has been issued.

ix.

SHORT-TERM RENTAL permit caps.

(a)

Caps imposed. There are hereby imposed a caps on the total number of DWELLING UNITs which may be permitted as SHORT-TERM RENTAL UNITs within designated areas of the TOWN. Except as expressly authorized by this subsection, effective May 1, 2025, the maximum number of SHORT-TERM RENTAL permits issued by the TOWN shall not exceed the following:

(i)

SHORT-TERM RENTAL OVERLAY DISTRICT: 557.

(ii)

All other areas of the TOWN: 110.

(b)

Cap procedures. The SHORT-TERM RENTAL permit caps imposed herein shall be implemented pursuant to the permitting procedures set forth in subsection 9.4 O(4).

b.

Advertising, posting, and signage requirements.

i.

Advertising requirements. When placing an advertisement for a SHORT-TERM RENTAL UNIT on any SHORT-TERM RENTAL platform, or within any print or online publication (such as brochures, classified ads, website listings, etc.), the host shall ensure that the following items are conspicuously posted within the content of each advertisement:

(a)

The unit's SHORT-TERM RENTAL permit number;

(b)

The unit's overnight occupancy limit; and

(c)

The maximum number of passenger vehicles which may be parked at the unit during the overnight hours.

ii.

Truth in advertising. It shall be a violation of this subsection for any PERSON to knowingly advertise false or misleading information, or information which conflicts with the provisions set forth in this subsection, when placing an advertisement for a SHORT-TERM RENTAL UNIT on any SHORT-TERM RENTAL platform or within any print or online publication (such as brochures, classified ads, website listings, etc.).

iii.

Posting requirements. A SHORT-TERM RENTAL permit placard shall be provided by the ZONING ADMINISTRATOR to each host upon the issuance of a SHORT-TERM RENTAL permit. The permit placard shall contain, at a minimum, the unit's SHORT-TERM RENTAL permit number, overnight occupancy limit, maximum number of passenger vehicles which may be parked during the overnight hours, fire extinguisher location, and the name and phone number of the qualified local contact. The host shall post a copy of the permit placard in a conspicuous location on, or adjacent to, the inside of the door serving as the primary point of ingress and egress to and from the SHORT-TERM RENTAL UNIT at all times the unit is occupied by renters.

iv.

Information packets required. A SHORT-TERM RENTAL information packet shall be provided by the ZONING ADMINISTRATOR to each host upon the issuance of a SHORT-TERM RENTAL permit. The information packet shall contain, at a minimum, a summary of the TOWN's SHORT-TERM RENTAL rules and regulations, a summary of other community rules and regulations, a list of local emergency resources and contacts, and such other information as may be deemed necessary and proper by the ZONING ADMINISTRATOR to protect the public health, safety, and welfare of renters and the public. The host shall provide a copy of the SHORT-TERM RENTAL information packet, either in printed or electronic format, to all renters prior to, or during, the check-in process. Alternatively, a printed copy of the SHORT-TERM rental packet may be maintained in a conspicuous location inside the rental unit at all times. From time to time, the ZONING ADMINISTRATOR may prepare and distribute an updated version of the SHORT-TERM RENTAL information packet. Upon receipt, each host shall replace the version provided to renters in a timely manner.

v.

Signage. No signage which advertises or identifies a DWELLING UNIT as a SHORT-TERM RENTAL UNIT shall be allowed on the exterior or premises of any DWELLING UNIT which is permitted as a SHORT-TERM RENTAL UNIT; provided, this requirement shall not apply to letters or numbers which are used for addressing purposes, or for unit identification in a CLUSTER UNIT, TOWNHOME, or MULTI-FAMILY DEVELOPMENT.

c.

License and tax requirements.

i.

TOWN business license. The host shall possess a valid TOWN business license for the operation of a SHORT-TERM RENTAL UNIT, as required by Article 8 of the TOWN Code. The business license must be renewed on an annual basis.

ii.

South Carolina Retail License. If the SHORT-TERM RENTAL UNIT will be rented for more than one (1) week in any calendar quarter, the host shall possess a valid South Carolina Retail License. Where required, the host shall furnish evidence of a valid South Carolina Retail License with the required SHORT-TERM RENTAL permit application.

iii.

Payment of state and local taxes and fees. If the SHORT-TERM RENTAL UNIT will be rented for more than fifteen (15) days during any calendar year, the host shall collect and remit all required state and local taxes and fees on the gross proceeds derived from the rental of accommodations. The host shall annually furnish evidence of the payment of all required state and local taxes and fees, as specified below, at the time the annual business license renewal application is filed:

(a)

State and local sales taxes (8%);

(b)

State accommodations tax (2%);

(c)

Charleston County accommodations fee (2%);

(d)

Town of Seabrook Island local accommodations tax (1%); and

(e)

Any other taxes or fees which may be imposed after the effective date of this subsection.

d.

Minimum stay.

i.

Minimum stay required. A host shall not use, rent, or advertise for rent, a SHORT-TERM RENTAL UNIT for stays of less than two (2) consecutive nights. Nothing herein is intended prohibit a host from extending an existing stay of two (2) or more consecutive nights by adding one (1) additional night, as long as the added night is consecutive to the initial stay. The minimum length of stay shall not apply in instances when the SHORT-TERM RENTAL UNIT is occupied exclusively for personal USE.

e.

Occupancy limits.

i.

Overnight occupancy limit. SHORT-TERM RENTAL UNITs shall be subject to a limit on the total number of occupants during the overnight hours, as provided herein.

(a)

SHORT-TERM RENTAL UNITs shall be limited to two (2) occupants per code-compliant bedroom, plus two (2) additional occupants for the entire unit.

(b)

Children under the age of two (2) shall not be counted toward the overnight occupancy limit specified herein.

(c)

The overnight occupancy limit specified herein shall apply to the unit as a whole and is not intended to limit the number of individuals within any specific bedroom or other living area.

(d)

The overnight occupancy limit shall not apply in instances when the SHORT-TERM RENTAL UNIT is occupied exclusively for personal USE.

(e)

To determine the overnight occupancy limit of a SHORT-TERM RENTAL UNIT, the ZONING ADMINISTRATOR shall use the total number of bedrooms for the DWELLING UNIT, as shown on the current Charleston County tax records. Any host who wishes to appeal the total number of code compliant bedrooms within a SHORT-TERM RENTAL UNIT shall contact the Charleston County Building Inspections Department to verify the accuracy of the information shown on the current tax records. If the Charleston County Building Inspections Department determines that the actual number of bedrooms is different than the number shown on the current tax records, the host shall provide written confirmation of the county's findings to the ZONING ADMINISTRATOR. Upon receipt, the ZONING ADMINISTRATOR shall use the revised bedroom count from the Charleston County Building Inspections Department to adjust the overnight occupancy limit.

f.

Parking requirements.

i.

Minimum OFF-STREET PARKING required. A DWELLING UNIT which is permitted to operate as a SHORT-TERM RENTAL UNIT shall have a minimum of one (1) OFF-STREET PARKING SPACE. The required OFF-STREET PARKING may be provided on the same premises as the SHORT-TERM RENTAL UNIT or, if the unit is located within a CLUSTER UNIT, TOWNHOME, or MULTI-FAMILY DEVELOPMENT with a common PARKING LOT, within that development's common PARKING LOT.

ii.

Maximum number of overnight vehicles. The maximum number of passenger vehicles which may be parked on the premises of a SHORT-TERM RENTAL UNIT during the overnight hours shall be limited to one (1) per code-compliant bedroom; provided, in no instance shall the maximum number of passenger vehicles be less than two (2) or more than four (4). In the event the number of OFF-STREET PARKING spaces available on the premises of the SHORT-TERM RENTAL UNIT (including, where applicable, the number of assigned parking spaces within a common PARKING LOT) is less than would otherwise be allowed, then the maximum number of passenger vehicles allowed during the overnight hours shall be based on the actual number of spaces available. The maximum number of overnight vehicles shall not apply in instances when the SHORT-TERM RENTAL UNIT is occupied exclusively for personal USE.

g.

Safety requirements.

i.

Fire extinguishers. SHORT-TERM RENTAL UNITs shall be equipped with at least one (1) working fire extinguisher with a minimum rating of 1A:10B:C. The required fire extinguisher shall be located under the kitchen sink or in another location which is easily accessible to renters.

ii.

Smoke alarms. SHORT-TERM RENTAL UNITs shall be equipped with a working smoke alarm inside each bedroom and outside of each sleeping area. At least one (1) smoke alarm shall be installed on each level of the unit.

iii.

Carbon monoxide detectors. SHORT-TERM RENTAL UNITs shall be equipped with at least one (1) working carbon monoxide detector on each level if the DWELLING UNIT is equipped with any one (1) or more of the following:

(a)

Any type of heater or appliance which burns fossil fuels;

(b)

Any type of generator which burns fossil fuels;

(c)

Any type of fireplace or stove which burns wood or fossil fuels; or

(d)

An enclosed GARAGE which is attached to the SHORT-TERM RENTAL UNIT.

iv.

Sprinkler system. If the DWELLING UNIT is equipped with a fire sprinkler system, the system shall be maintained in good working order. The host shall be responsible for having a qualified professional inspect the sprinkler system no less than once every twelve (12) months. Upon request, the host shall furnish documentation of this inspection to the ZONING ADMINISTRATOR within five (5) business days.

v.

General maintenance. The host shall be responsible for ensuring that all structural elements (including the interior and exterior of the dwelling, associated DECKs, stairs, handrails, guardrails, boardwalks, docks, and accessory structures), as well as all mechanical, electrical, and plumbing systems, are maintained in good working order, and safe means of ingress and egress to and from the unit shall be maintained at all times.

4.

Permit classes, requirements, and procedures.

a.

In general. Between January 1, 2021, and April 30, 2025, the TOWN issued only one type or "class" of SHORT-TERM RENTAL permit. Upon issuance, each SHORT-TERM RENTAL permit was valid only during the license year for which it was issued, and any host wishing to operate a SHORT-TERM RENTAL UNIT across multiple license years was required to renew the SHORT-TERM RENTAL permit on an annual basis. Effective May 1, 2025, there shall be three (3) classes of SHORT-TERM RENTAL permits issued by the TOWN. Unless otherwise provided, each class of permit shall remain valid indefinitely, unless and until the permit is suspended, revoked, abandoned, or cancelled pursuant to the criteria and procedures set forth in this subsection. In addition, all SHORT-TERM RENTAL permits issued on or after May 1, 2025, shall be subject to the SHORT-TERM RENTAL permit caps imposed pursuant to subsection 9.4 O(3)(a)(ix), unless expressly provided herein.

b.

Permit required. Subject to the conditions, requirements, and procedures set forth in this subsection, any host who wishes to use, rent, or advertise for rent, any DWELLING UNIT within the TOWN as a SHORT-TERM RENTAL UNIT, shall first apply for and obtain an applicable class of SHORT-TERM RENTAL permit. A separate permit shall be required for each SHORT-TERM RENTAL UNIT. No DWELLING UNIT shall have more than one (1) class of permit at any time.

c.

Permit classes. Effective May 1, 2025, there are hereby established the following classes of SHORT-TERM RENTAL permits:

i.

Standard SHORT-SHORT TERM RENTAL permit (Class A);

ii.

Provisional SHORT-TERM RENTAL permit (Class B); and

iii.

Temporary SHORT-TERM RENTAL permit (Class C).

d.

Permit eligibility, procedures, review criteria, and special conditions (by class).

i.

Standard SHORT-TERM RENTAL permits (Class A).

(a)

Purpose. The purpose of the standard (Class A) SHORT-TERM RENTAL permit is to authorize a limited number of DWELLING UNITs, meeting all of the conditions and requirements set forth in this subsection, to be used, rented, and advertised for rent, as a SHORT-TERM RENTAL UNIT within the TOWN for up to three hundred and sixty-five (365) days per year. Subject to the SHORT-TERM RENTAL caps imposed pursuant to subsection 9.4 O(3)(a)(ix), the ZONING ADMINISTRATOR may issue a standard SHORT-TERM RENTAL permit for any DWELLING UNIT meeting the eligibility criteria set forth herein.

(b)

Eligibility. Unless otherwise provided, any host meeting all of the conditions and requirements set forth in this subsection may apply for and obtain a standard SHORT-TERM RENTAL permit until the applicable SHORT-TERM RENTAL permit caps imposed pursuant to subsection 9.4 O(3)(a)(ix) have been reached.

(c)

Application required. Standard SHORT-TERM RENTAL permit applications shall be submitted on a form made available by the ZONING ADMINISTRATOR for that purpose. The application shall be accompanied by a non-refundable application fee, as provided in Section 18.3, and any required supplemental materials. Only completed applications will be accepted. A separate application and fee shall be required for each eligible DWELLING UNIT.

(d)

Permitting procedures; due dates. For standard SHORT-TERM RENTAL permits issued on or after May 1, 2025, the ZONING ADMINISTRATOR shall process applications in the following order:

(i)

Exempt applications. The ZONING ADMINISTRATOR shall give first priority to applications which are exempt from the applicable SHORT-TERM RENTAL permit caps. For purposes of this subsection, an application shall be entitled to a one-time exemption from the applicable SHORT-TERM RENTAL permit caps if the application meets all of the following criteria:

a.

The DWELLING UNIT was lawfully permitted as a SHORT-TERM RENTAL UNIT as of April 30th of the preceding license year;

b.

The DWELLING UNIT's prior SHORT-TERM RENTAL permit was in good standing as of April 30th of the preceding license year;

c.

The DWELLING UNIT did not have a non-reported sale or transfer during the preceding license year;

d.

If the DWELLING UNIT is located within the SHORT-TERM RENTAL OVERLAY DISTRICT, the host reported at least five thousand dollars ($5,000.00) in gross income from rental activities during the preceding license year, or, if the DWELLING UNIT is located within all other areas of the TOWN, the host reported at least ten thousand dollars ($10,000.00) in gross income from rental activities during the preceding license year; provided, in the event the SHORT-TERM RENTAL permit was active for less than the entirety of the preceding license year, the ZONING ADMINISTRATOR may reduce the minimum income requirements proportionate to the full number of months the permit was active; and further provided, if the SHORT-TERM RENTAL permit was issued during the final four (4) months of the preceding license year, the ZONING ADMINISTRATOR may alternatively allow the host to demonstrate that the SHORT-TERM RENTAL UNIT was available and advertised for rent while the permit was active;

e.

The SHORT-TERM RENTAL UNIT continues to meet the criteria for approval, as set forth in subsection 9.4 O(4)(d)(i)(e); and

f.

A completed SHORT-TERM RENTAL permit application was received on or before April 30, 2025.

(ii)

Provisional permits. The ZONING ADMINISTRATOR shall reserve one (1) SHORT-TERM RENTAL PERMIT for each LOT or DWELLING UNIT which has applied for and obtained a provisional (Class B) SHORT-TERM RENTAL permit, as provided in subsection 9.4 O(4)(d)(ii). When eligible, as provided in subsection 9.4 O(4)(d)(ii)(h), a host possessing a provisional SHORT-TERM RENTAL permit may apply to convert the provisional permit to a standard SHORT-TERM RENTAL permit. For the purposes of this subsection, the holder of a provisional permit shall be entitled to a one-time exemption from the applicable SHORT-TERM RENTAL permit caps at such time as the provisional permit is converted to a standard SHORT-TERM RENTAL permit.

(iii)

New permits. All other applications shall be processed as new permit applications. After processing those applications specified in (i) and (ii) above, the ZONING ADMINISTRATOR shall determine the total number of new SHORT-TERM RENTAL permits which are available pursuant to the applicable SHORT-TERM RENTAL permit caps. If additional permits are available, new permit applications shall be processed in the order they were received. The ZONING ADMINISTRATOR may approve the issuance of new SHORT-TERM RENTAL permits until the applicable SHORT-TERM RENTAL permit caps have been reached. Once the applicable SHORT-TERM RENTAL permit caps have been reached, new permit applications shall be added to the applicable waiting list until a new permit becomes available.

(iv)

Waiting list. The ZONING ADMINISTRATOR shall establish separate waiting lists for properties located within the SHORT-TERM RENTAL OVERLAY DISTRICT and for properties located in all other areas of the TOWN. In the event the SHORT-TERM RENTAL permit cap is reached in either area, any remaining applications shall be added to the applicable waiting list in the order they were received. In the event a new permit becomes available in either area due to another permit being abandoned, revoked, or cancelled, the ZONING ADMINISTRATOR shall notify the applicant who has been on the applicable waiting list the longest. Upon receiving notice from the ZONING ADMINISTRATOR, the host shall have ten (10) business days to provide the TOWN with any and all information necessary to ensure the application is current and otherwise complies with the conditions and requirements of this subsection. If the applicant fails to respond and/or provide current information within ten (10) business days, the application shall be deemed withdrawn. The ZONING ADMINISTRATOR shall then remove the application from the waiting list and repeat the process until a new SHORT-TERM RENTAL permit is issued or the applicable waiting list is exhausted. In the event a host is found guilty, either by admission or by the municipal judge, of using, renting, or advertising for rent, a DWELLING UNIT as a SHORT-TERM RENTAL UNIT while his or her application is on a waiting list, the ZONING ADMINISTRATOR shall remove the application from the applicable waiting list and the host shall not be eligible to re-apply until one (1) year following the date of conviction.

(e)

Criteria for review.

(i)

Criteria for approval. The ZONING ADMINISTRATOR shall approve the issuance of a SHORT-TERM RENTAL permit only if he or she finds that the application meets all of the conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code. Prior to acting on an application, the ZONING ADMINISTRATOR may inspect the property for compliance with the provisions of this subsection. The ZONING ADMINISTRATOR may also require the host to provide documentation or certify, under penalty of perjury, that the property satisfies any one (1) or more of the conditions contained herein.

(ii)

Reasons for denial. Except as otherwise provided in this subsection, the ZONING ADMINISTRATOR may deny the issuance of a SHORT-TERM RENTAL permit for any one (1) or more of the following reasons:

a.

Submittal of an incomplete or inaccurate SHORT-TERM RENTAL permit application;

b.

The application fails to meet any one (1) or more of the conditions or requirements set forth in this subsection;

c.

The host was found guilty, either by admission or by the municipal judge, of renting the DWELLING UNIT without a valid SHORT-TERM RENTAL permit within the previous twelve (12) months;

d.

The owner of the DWELLING UNIT obtained an exemption from the Charleston County Building Inspections Department, pursuant to S.C. Code of Laws, Section 40-59-260, to undertake work which would otherwise be required to be completed by a licensed residential builder or specialty contractor, within the previous two (2) years;

e.

The DWELLING UNIT is actively under construction, reconstruction, or renovation;

f.

The DWELLING UNIT has been damaged beyond REPAIR, destroyed, or condemned by the Charleston County Building Department as unfit for human habitation;

g.

The DWELLING UNIT has been deemed by the ZONING ADMINISTRATOR to be unsafe due to damage (other than damage beyond REPAIR), disrepair, or neglect;

h.

The host has not applied for or obtained, or is not eligible to apply for or obtain, a valid TOWN business license;

i.

The host is delinquent in the payment of any fines, fees, or penalties imposed pursuant to this ordinance or the TOWN Code, including, without limitation, court fines, court assessments, and surcharges;

j.

The host is delinquent in the payment of any taxes which are required to be paid pursuant to subsection 9.4 O(3)(c)(iii);

k.

Unless the property has been sold or transferred via a non-exempt transfer, the prior SHORT-TERM RENTAL permit was revoked during the previous twelve (12) months due to:

1.

Failure to submit the required annual rental activity report, as provided in subsection 9.4 O(6)(c)(iv);

2.

Falsification or misrepresentation of material facts, as provided in subsection 9.4 O(6)(c)(v); or

3.

The occurrence of one (1) or more rental-related violations, as provided in subsection 9.4 O(6)(c)(vii); and/or

l.

The DWELLING UNIT is subject to recorded covenants of a duly authorized HOMEOWNERS' ASSOCIATION and/or HORIZONTAL PROPERTY REGIME which conflict with, or prohibit, the proposed use as a SHORT-TERM RENTAL UNIT.

(f)

Action on application. The ZONING ADMINISTRATOR shall render a decision on each permit application within thirty (30) calendar days following receipt. If the ZONING ADMINISTRATOR requests additional information from the applicant in order to complete his or her review, the review period shall be tolled until the requested information is supplied by the applicant. Failure to provide the requested information within ten (10) business days shall be deemed a withdrawal of the application. A SHORT-TERM RENTAL UNIT which was duly permitted and in good standing as of April 30, 2025, may continue to be used, rented, and advertised for rent, as a SHORT-TERM RENTAL UNIT beyond May 1, 2025, as long as a completed permit application was received by the TOWN on or before April 30, 2025.

(g)

Notification. The ZONING Administrator's decision shall be communicated in writing to the host. For the purposes of this subsection, the issuance of a standard SHORT-TERM RENTAL permit shall constitute notice of approval.

(h)

Expiration. Upon issuance, a standard SHORT-TERM RENTAL permit shall remain valid indefinitely, unless it is suspended, revoked, abandoned, or cancelled pursuant to the criteria and procedures set forth in this subsection.

ii.

Provisional SHORT-TERM RENTAL permits (Class B).

(a)

Purpose. The purpose of the provisional (Class B) SHORT-TERM RENTAL permit is to grant a one-time exemption from the applicable SHORT-TERM RENTAL permit caps for DWELLING UNITs and LOTs which are actively under construction as of April 30, 2025. Notwithstanding any conditions, requirements, or procedures to the contrary, the ZONING ADMINISTRATOR may issue a provisional SHORT-TERM RENTAL permit to the owner of any DWELLING UNIT or LOT which meets the eligibility criteria set forth herein. Subject to the conditions contained herein, the holder of a provisional permit shall be entitled to a one-time exemption from the applicable SHORT-TERM RENTAL permit caps at such time as the provisional permit is converted to a standard (Class A) or SHORT-TERM RENTAL permit.

(b)

Eligibility. Any PERSON owning a DWELLING UNIT which is undergoing major renovation, or a vacant LOT upon which a DWELLING UNIT is under construction, as of April 30, 2025, may apply for a provisional SHORT-TERM RENTAL permit. For purposes of this paragraph, a DWELLING UNIT or LOT is deemed to be "undergoing major renovation" or "under construction" if:

(i)

The PERSON owning the DWELLING UNIT or LOT has an active building permit from the Charleston County Building Inspections Department authorizing such construction or renovation activities as of April 30, 2025;

(ii)

The PERSON owning the DWELLING UNIT or LOT has an approved zoning perm it from the TOWN authorizing such construction or renovation activities as of April 30, 2025; or

(iii)

The PERSON owning the DWELLING UNIT or LOT has initiated architectural plan review for such construction or renovation activities with any HOMEOWNERS' ASSOCIATION or HORIZONTAL PROPERTY REGIME having jurisdiction over the DWELLING UNIT or LOT as of April 30, 2025, as evidenced by a letter of confirmation from the applicable HOMEOWNERS' ASSOCIATION or HORIZONTAL PROPERTY REGIME.

(c)

Application required. Provisional SHORT-TERM RENTAL permit applications shall be submitted on a form made available by the ZONING ADMINISTRATOR for that purpose. The application shall be accompanied by a non-refundable application fee, as provided in Section 18.3, and any required supplemental materials. Only completed applications will be accepted. A separate application and fee shall be required for each eligible DWELLING UNIT or LOT.

(d)

Due date. Any eligible property owner who wishes to obtain a provisional SHORT-TERM RENTAL permit must submit a completed application no later than April 30, 2025.

(e)

Criteria for review. The ZONING ADMINISTRATOR shall approve the issuance of a provisional SHORT-TERM RENTAL permit only if he or she finds that the application meets all of the applicable conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code. Prior to acting on an application, the ZONING ADMINISTRATOR may require the property owner to provide documentation or certify, under penalty of perjury, that the property satisfies any one (1) or more of the conditions or requirements contained herein.

(f)

Action on application. The ZONING ADMINISTRATOR shall render a decision on each application within ten (10) business days following receipt. If the ZONING ADMINISTRATOR requests additional information from the applicant in order to complete his or her review, the review period shall be tolled until the requested information is supplied by the applicant. Failure to provide the requested information within ten (10) business days shall be deemed a withdrawal of the application.

(g)

Notification. The ZONING ADMINISTRATOR's decision shall be communicated in writing to the applicant. For the purposes of this subsection, the issuance of a provisional SHORT-TERM RENTAL permit shall constitute notice of approval.

(h)

Conversion; expiration. Upon issuance, a provisional SHORT-TERM RENTAL permit shall remain valid until the earlier of thirty (30) days following the completion of work or issuance of a certificate of occupancy, or thirty-six (36) months following the date upon which the provisional permit was issued. Following the issuance of a certificate of occupancy, the DWELLING UNIT or LOT shall not be used, rented, or advertised for rent, as a SHORT-TERM RENTAL UNIT unless the property owner or host applied to convert the provisional SHORT-TERM RENTAL permit to a standard (Class A) SHORT-TERM RENTAL permit. The application shall be submitted on a form made available by the ZONING ADMINISTRATOR for that purpose. The application shall be accompanied by a non-refundable application fee, as provided in Section 18.3, and any required supplemental materials. Only completed applications will be accepted. The application must be received no later than thirty (30) days following the issuance of a certificate of occupancy. If the property owner fails to submit the required application within thirty (30) days following the completion of work or issuance of a certificate of occupancy, or if the work is not completed within thirty-six (36) months following the date upon which the provisional permit was issued, the provisional permit shall automatically expire. Upon expiration, the DWELLING UNIT or LOT shall not be used, rented, or advertised for rent, as a SHORT-TERM RENTAL UNIT unless the host applies for and obtains a new standard (Class A) SHORT-TERM RENTAL permit. New permit applications shall be subject to the permitting procedures set forth in subsection 9.4 O(4)(d)(i).

iii.

Temporary SHORT-TERM RENTAL permits (Class C).

(a)

Purpose. Pursuant to S.C. Code of Laws, Section 27-50-250, the purchaser of any DWELLING UNIT which is sold subject to one or more pre-existing vacation rental agreements is required to honor those agreements which will commence no later than ninety (90) days after closing. The purpose of the temporary (Class C) SHORT-TERM RENTAL permit is to allow the purchaser of a duly permitted SHORT-TERM RENTAL UNIT, upon taking title to the property, to lawfully satisfy the requirements of S.C. Code of Laws, Section 27-50-250, in the event the applicable SHORT-TERM RENTAL permit caps have been reached, or if the purchaser has no intention to use, rent, or advertise for rent, the DWELLING UNIT as a SHORT-TERM RENTAL UNIT after honoring the pre-existing agreements. Notwithstanding any conditions, requirements, or procedures to the contrary, the ZONING ADMINISTRATOR may issue a temporary SHORT-TERM RENTAL permit for any DWELLING UNIT which meets the eligibility criteria set forth herein.

(b)

Eligibility; conditions. Following the sale or transfer of a duly permitted SHORT-TERM RENTAL UNIT, in lieu of applying for a standard (Class A) SHORT-TERM RENTAL permit, or if the applicable SHORT-TERM RENTAL permit caps have been reached, the new host may apply for and obtain a temporary SHORT-TERM RENTAL permit, subject to the following conditions:

(i)

The prior SHORT-TERM RENTAL permit must have been in good standing on the date the property was sold or transferred;

(ii)

The application for a temporary SHORT-TERM RENTAL permit must be received no later than five (5) business days following the date the property was sold or transferred;

(iii)

The temporary SHORT-TERM RENTAL permit application must be accompanied by a fully executed copy of the SCLLR State of South Carolina Residential Property Condition Disclosure Statement showing that the DWELLING UNIT was subject to one (1) or more pre-existing SHORT-TERM RENTAL agreements which will commence no later than ninety (90) days following the date upon which the property was sold or transferred;

(iv)

The new host may only honor those SHORT-TERM RENTAL agreements which were in place as of the date the property was sold or transferred;

(v)

The new host shall not advertise or accept any new SHORT-TERM rental agreements without applying for and obtaining a standard (Class A) SHORT-TERM RENTAL permit; provided, in the event the applicable SHORT-TERM RENTAL permit caps have been reached, the new permit application shall be added to the waiting list;

(vi)

The temporary SHORT-TERM RENTAL permit shall be subject to all other conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code; and

(vii)

The temporary SHORT-TERM RENTAL permit shall automatically expire one hundred and twenty (120) days following the date of issuance.

(c)

Application required. Temporary SHORT-TERM RENTAL permit applications shall be submitted on a form made available by the ZONING ADMINISTRATOR for that purpose. The application shall be accompanied by a non-refundable application fee, as provided in Section 18.3, and any required supplemental materials. Only completed applications will be accepted. A separate application and fee shall be required for each eligible DWELLING UNIT.

(d)

Due date. Any eligible host who wishes to obtain a temporary SHORT-TERM RENTAL permit must submit a completed application no later than five (5) business days following the date upon which the property was sold or transferred.

(e)

Criteria for review. The ZONING ADMINISTRATOR shall approve the issuance of a temporary SHORT-TERM RENTAL permit only if he or she finds that the application meets all of the applicable conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code. Prior to acting on an application, the ZONING ADMINISTRATOR may inspect the property for compliance with the provisions of this subsection. The ZONING ADMINISTRATOR may also require the host to provide documentation or certify, under penalty of perjury, that the property satisfies any one (1) or more of the conditions or requirements contained herein.

(f)

Action on application. The ZONING ADMINISTRATOR shall render a decision on each application within ten (10) business days following receipt. If the ZONING ADMINISTRATOR requests additional information from the applicant in order to complete his or her review, the review period shall be tolled until the requested information is supplied by the applicant. Failure to provide the requested information within ten (10) business days shall be deemed a withdrawal of the application. A SHORT-TERM RENTAL UNIT which was duly permitted and in good standing as of the date the temporary permit application was received may continue to be rented while the application is under review by the ZONING ADMINISTRATOR.

(g)

Notification. The ZONING ADMINISTRATOR's decision shall be communicated in writing to the host. For the purposes of this subsection, the issuance of a temporary SHORT-TERM RENTAL permit shall constitute notice of approval.

(h)

Expiration. A temporary SHORT-TERM RENTAL permit shall remain valid for one hundred and twenty (120) following the date of issuance, at which time the permit shall automatically expire, unless it is earlier suspended, revoked, or cancelled pursuant to the criteria and procedures set forth in this subsection. Upon expiration, the DWELLING UNIT shall not be used, rented, or advertised for rent, as a SHORT-TERM RENTAL UNIT unless the host applies for and obtains a new standard (Class A) SHORT-TERM RENTAL permit. New permit applications shall be subject to the permitting procedures set forth in subsection 9.4 O(4)(d)(i).

e.

Permit modifications.

i.

Purpose. To maintain the accuracy of SHORT-TERM RENTAL permit records and to ensure timely response to emergencies and violations, each host shall be responsible for notifying the TOWN, by way of a permit modification, of any changes affecting their SHORT-TERM RENTAL permit following the occurrence of a qualifying event. A permit modification may only be used to update an existing SHORT-TERM RENTAL permit; a permit modification may not be used to reclassify an existing SHORT-TERM RENTAL permit from one class to another class.

ii.

Eligibility. An existing SHORT-TERM RENTAL permit may only be modified following the occurrence of a qualifying event.

iii.

Application required. Any host who wishes to modify an existing SHORT-TERM RENTAL permit shall first apply for a permit modification. The application shall be submitted on a form made available by the ZONING ADMINISTRATOR for that purpose. The application shall be accompanied by a non-refundable application fee, as provided in Section 18.3, and any required supplemental materials. Only completed applications will be accepted. A separate application and fee shall be required for each SHORT-TERM RENTAL permit which is proposed to be modified.

iv.

Due date. Applications to modify an existing SHORT-TERM RENTAL permit must be received no later than five (5) business days following the occurrence of the qualifying event.

v.

Criteria for review. The ZONING ADMINISTRATOR shall approve the issuance of a SHORT-TERM RENTAL permit modification only if he or she finds that a qualifying event has occurred, and the application continues to meet all of the conditions and requirements set forth in this subsection, and all other applicable provisions set forth in this ordinance and the TOWN Code. Prior to acting on an application, the ZONING ADMINISTRATOR may inspect the property for compliance with the provisions of this subsection. The ZONING ADMINISTRATOR may also require the host to provide documentation or certify, under penalty of perjury, that the property satisfies any one (1) or more of the conditions or requirements contained herein.

vi.

Action on application. The ZONING ADMINISTRATOR shall render a decision on each modification request within ten (10) business days following receipt. If the ZONING ADMINISTRATOR requests additional information from the applicant in order to complete his or her review, the review period shall be tolled until the requested information is supplied by the applicant. Failure to provide the requested information within ten (10) business days shall be deemed a withdrawal of the application. A SHORT-TERM RENTAL UNIT which was duly permitted and in good standing as of the date the modification request was received may continue to be used, rented, and advertised for rent, while the modification request is under review by the ZONING ADMINISTRATOR.

vii.

Notification. The ZONING ADMINISTRATOR's decision shall be communicated in writing to the host. For purposes of this subsection, the issuance of a permit modification shall constitute notice of approval.

viii.

Expiration. Unless otherwise provided, a modified SHORT-TERM RENTAL permit shall remain valid indefinitely, unless the permit is suspended, revoked, abandoned, or cancelled pursuant to the criteria and procedures set forth in this subsection.

f.

Appeals. Any PERSON who is aggrieved by a decision of the ZONING ADMINISTRATOR to approve or deny the issuance of any class of SHORT-TERM RENTAL permit or permit modification may appeal the decision to the Board of Zoning Appeals, pursuant to Section 20.2 of this ordinance.

5.

Administration and enforcement.

a.

Violations defined. It shall be a violation of this subsection to use, rent, or advertise for rent, any BUILDING, STRUCTURE, DWELLING UNIT, or premises within the TOWN, as a SHORT-TERM RENTAL UNIT, except in conformity with the conditions and requirements set forth in this subsection.

b.

Authority. The ZONING ADMINISTRATOR shall be vested with the authority to administer and enforce the provisions of this subsection. The ZONING ADMINISTRATOR may designate one or more individuals, including inspectors and code enforcement officers of the TOWN, to act on his or her behalf. For matters pertaining to building safety, including, without limitation, structural, mechanical, electrical, plumbing, and fire safety systems, the ZONING ADMINISTRATOR may consult with officials from any applicable governmental agency or department having jurisdiction over the property and/or engage such technical experts as he or she deems necessary, including, but not limited to, qualified consultants, contractors, engineers, and inspectors.

c.

Notice of violation. Notwithstanding any provisions to the contrary, whenever the ZONING ADMINISTRATOR determines that a violation of this subsection has occurred, he or she shall contact the host or qualified local contact, as applicable, to indicate the nature of the violation and to direct the notified party to take such action as may be necessary and proper to correct the violation and/or prevent further violations from occurring. Any notice made in accordance with the foregoing may be communicated by phone, email, in writing, or in person, and shall include a reasonable time during which the notified party shall correct the violation.

d.

Ordinance summons. If a notified party fails to correct a violation within the time specified by the ZONING ADMINISTRATOR, the ZONING ADMINISTRATOR may issue an ordinance summons. In the event the ZONING ADMINISTRATOR deems a violation to present a substantial threat to public health or safety, or in instances when a SHORT-TERM RENTAL UNIT has received multiple notices for the same violation, the ZONING ADMINISTRATOR may immediately issue an ordinance summons in lieu of, or in addition to, a notice of violation.

e.

Records. The ZONING ADMINISTRATOR shall maintain a log of all SHORT-TERM RENTAL violations, regardless of whether or not a summons was issued.

f.

Inspections. Subject to the notice requirements contained herein, all SHORT-TERM RENTAL UNITs shall be subject to inspection by the TOWN to verify compliance with the conditions and requirements set forth in this subsection. Failure to permit access to a SHORT-TERM RENTAL UNIT for the purposes of conducting an inspection shall be a violation of this subsection.

i.

Routine Inspections. In instances when an inspector must access the interior of a SHORT-TERM RENTAL UNIT for the purpose of conducting a routine inspection, he or she shall provide a minimum of twenty-four (24) hours' notice to the host or qualified local contact, as applicable, and the notified party shall provide access to the unit at the appointed time. Except for emergency inspections and inspections undertaken prior to the issuance of a new SHORT-TERM RENTAL permit, routine inspections shall be avoided between Memorial Day and Labor Day when possible.

ii.

Emergency/safety inspections. In instances when an inspector determines that a condition may exist within a SHORT-TERM RENTAL UNIT which substantially endangers public health or safety, he or she shall provide a minimum of two (2) hours' notice to the host or qualified local contact, as applicable, and the notified party shall provide access to the unit at the appointed time to verify whether such a condition exists and, if necessary, to abate that condition. If the inspector determines that the condition was caused by a violation of any provision of this subsection, he or she may initiate appropriate enforcement action.

iii.

Exceptions to notice requirements. In instances when either a notified party or a renter waive the applicable notice requirements contained in items (i) or (ii) above, an inspector may enter the unit immediately upon authorization, or as soon as practicable thereafter.

iv.

Inspection of documents. The ZONING ADMINISTRATOR shall have the authority to request copies of all licenses, permits, receipts, reports, and similar documents which may be necessary and proper to ensure compliance with the conditions and requirements set forth in this subsection. Upon request, the host shall furnish all requested documents to the ZONING ADMINISTRATOR within five (5) business days. Failure to provide any documents so requested shall be a violation of this subsection.

g.

Penalties. Any PERSON found guilty of violating any provision of this subsection shall be subject to the penalties and fines set forth in Article 22. Punishment for any violation shall not relieve the offender of any liability for delinquent fines, fees, penalties, taxes, or any other costs. In addition to all applicable fines, fees, and penalties which may be imposed pursuant to this ordinance and the TOWN Code, the ZONING ADMINISTRATOR shall have the authority suspend or revoke a SHORT-TERM RENTAL permit, subject to the criteria and notification requirements set forth in subsection 9.4 O(6).

6.

Suspension, abandonment, revocation, and cancellation of SHORT-TERM RENTAL permits.

a.

Permit suspension.

i.

In general. In addition to all other applicable fines, fees, and penalties imposed pursuant to this ordinance and the Town Code, the ZONING ADMINISTRATOR may suspend a SHORT-TERM RENTAL permit, subject to the criteria and notification requirements set forth herein.

ii.

Notification. The ZONING ADMINISTRATOR shall provide a written notice of suspension to the host by certified mail or hand delivery. The notice shall include the reason(s) for the suspension, the effective date of the suspension, the criteria for reinstatement, the penalties for using, renting, or advertising for rent, a DWELLING UNIT as a SHORT-TERM RENTAL UNIT while the permit is suspended, and method of appeal. In the event the host may not be reached by mail or hand delivery, the ZONING ADMINISTRATOR may communicate the notice of suspension to the host by email and/or by posting a conspicuous notice upon the door serving as the primary point of ingress and egress to and from the SHORT-TERM RENTAL UNIT.

iii.

Cessation of operation. Upon receipt of the notice of suspension, the host shall immediately cease operation of the SHORT-TERM RENTAL UNIT and remove all advertisements for future SHORT-TERM RENTAL reservations. Any host who continues to use, rent, or advertise for rent, a DWELLING UNIT as a SHORT-TERM RENTAL UNIT after receiving a notice of suspension shall be subject to the enforcement and penalty provisions of this ordinance. Failure to comply with the notice of suspension may also result in revocation of the SHORT-TERM RENTAL permit.

iv.

Reinstatement. A host may apply for reinstatement of a suspended SHORT-TERM RENTAL permit by submitting a completed application for reinstatement along with a non-refundable reinstatement fee, as provided in Section 18.3. The ZONING ADMINISTRATOR shall not reinstate a suspended SHORT-TERM RENTAL permit unless the host has satisfied all criteria for reinstatement, as set forth in the notice of suspension, and corrected any applicable violations to the satisfaction of the ZONING ADMINISTRATOR.

v.

Abandonment. If a host fails to apply for reinstatement of a suspended SHORT-TERM RENTAL permit within sixty (60) days of becoming eligible, the host shall be deemed to have abandoned the SHORT-TERM RENTAL permit. Upon abandonment of a SHORT-TERM RENTAL permit, a DWELLING UNIT shall not be used, rented, or advertised for rent, as a SHORT-TERM RENTAL UNIT unless the host applies for and obtains a new SHORT-TERM RENTAL permit. New permit applications shall be subject to the permitting procedures set forth in subsections 9.4 O(4)(d) for the applicable permit class.

vi.

Appeals. Any PERSON who is aggrieved by a decision of the ZONING ADMINISTRATOR to suspend a SHORT-TERM RENTAL permit may appeal the decision to the Board of Zoning Appeals, pursuant to Section 20.2 of this ordinance.

b.

Permit revocation.

i.

In general. In addition to all other applicable fines, fees, and penalties imposed pursuant to this ordinance and the TOWN Code, the ZONING ADMINISTRATOR may revoke a SHORT-TERM RENTAL permit, subject to the criteria and notification requirements set forth herein.

ii.

Notification. The ZONING ADMINISTRATOR shall provide a written notice of revocation to the host by certified mail or hand delivery. The notice shall include the reason(s) for the revocation, the effective date of the revocation, the requirements for obtaining a new SHORT-TERM RENTAL permit, the penalties for using, renting, or advertising for rent, a DWELLING UNIT as a SHORT-TERM RENTAL UNIT without a valid SHORT-TERM RENTAL permit, and method of appeal. In the event the host may not be reached by mail or hand delivery, the ZONING ADMINISTRATOR may communicate the notice of suspension to the host by email and/or by posting a conspicuous notice upon the door serving as the primary point of ingress and egress to and from the SHORT-TERM RENTAL UNIT.

iii.

Cessation of operation. Upon receipt of the notice of revocation, the host shall immediately cease operation of the SHORT-TERM RENTAL UNIT and remove all advertisements for future SHORT-TERM RENTAL reservations. Any host who continues to use, rent, or advertise for rent, a DWELLING UNIT as a SHORT-TERM RENTAL UNIT after receiving a notice of revocation shall be subject to the enforcement and penalty provisions of this ordinance.

iv.

Re-establishment. Upon revocation of a SHORT-TERM RENTAL permit, the DWELLING UNIT shall not be used, rented, or advertised for rent, as a SHORT-TERM RENTAL UNIT unless the host applies for and obtains a new SHORT-TERM RENTAL permit. New permit applications shall be subject to the permitting procedures set forth in subsections 9.4 O(4)(d) for the applicable permit class. Where provided in subparagraph (c) below, additional limitations on the issuance of new SHORT-TERM RENTAL permits shall also apply.

v.

Appeals. Any PERSON who is aggrieved by a decision of the ZONING ADMINISTRATOR to revoke a SHORT-TERM RENTAL permit may appeal the decision to the Board of Zoning Appeals, pursuant to Section 20.2 of this ordinance.

c.

Criteria for suspension; revocation; additional limitations on re-establishment.

i.

Condemnation; unsafe conditions.

(a)

Suspension. The ZONING ADMINISTRATOR may suspend the SHORT-TERM RENTAL permit for any DWELLING UNIT which has been rendered unsafe due to damage (other than damage beyond REPAIR), disrepair, or neglect, or if the DWELLING UNIT has been condemned by the Charleston County Building Inspections Department as unfit for human occupancy. The suspension shall remain in place until the DWELLING UNIT is repaired or restored to a safe condition and the required application for reinstatement is approved by the ZONING ADMINISTRATOR.

(b)

Revocation. If the property owner fails to obtain the permits necessary to REPAIR or restore the DWELLING UNIT to a safe condition within ninety (90) days following the effective date of the suspension, or if the building permit expires prior to completion of the work, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT. If the ZONING ADMINISTRATOR determines that the property owner is unable to obtain the permits necessary to REPAIR or restore the DWELLING UNIT to a safe condition due to extraordinary or exceptional conditions which are outside the control of the property owner, the ZONING ADMINISTRATOR may grant a reasonable extension, not to exceed ninety (90) additional days, as long as the property owner is in the process of obtaining the necessary permits.

(c)

Additional limitations on re-establishment. Upon revocation, the DWELLING UNIT shall not be eligible for issuance of a new SHORT-TERM RENTAL permit until the REPAIR or restoration work is completed and the unit is restored to a safe condition.

ii.

Damage beyond REPAIR; destruction.

(a)

Suspension. The ZONING ADMINISTRATOR may suspend the SHORT-TERM RENTAL permit for any DWELLING UNIT which is damaged beyond REPAIR or destroyed. The suspension shall remain in place until the DWELLING UNIT is reconstructed or otherwise restored to a safe condition and the required application for reinstatement is approved by the ZONING ADMINISTRATOR.

(b)

Revocation. If the property owner fails to obtain the permits necessary to reconstruct or otherwise restore the DWELLING UNIT to a safe condition within twelve (12) months following the effective date of the suspension, or if the building permit expires prior to completion of the work or issuance of a certificate of occupancy, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT. If the ZONING ADMINISTRATOR determines that the property owner is unable to obtain the permits necessary to reconstruct or otherwise restore the DWELLING UNIT to a safe condition due to extraordinary or exceptional conditions which are outside the control of the property owner, the ZONING ADMINISTRATOR may grant a reasonable extension, not to exceed six (6) additional months, as long as the property owner is in the process of obtaining the necessary permits.

(c)

Additional limitations on re-establishment. Upon revocation, the DWELLING UNIT shall not be eligible for the issuance of a new SHORT-TERM RENTAL permit until the reconstruction or restoration work is completed or a certificate of occupancy is issued.

iii.

Erroneous and unlawful permits.

(a)

Revocation. The ZONING ADMINISTRATOR may revoke any SHORT-TERM RENTAL permit which was issued in error or in violation of any of the provisions set forth in this subsection.

(b)

Additional limitations on re-establishment. Not applicable.

iv.

Failure to submit annual rental activity report.

(a)

Suspension. The ZONING ADMINISTRATOR may suspend the SHORT-TERM RENTAL permit for any DWELLING UNIT if the host fails to submit the annual rental activity report pursuant to the requirements of subsection 9.4 O(3)(a)(iv). The suspension shall remain in place until the host submits the annual rental activity report and the required application for reinstatement is approved by the ZONING ADMINISTRATOR.

(b)

Revocation. If the host fails to submit the annual rental activity report within thirty (30) days following the effective date of the suspension, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT.

(c)

Additional limitations on re-establishment. Upon revocation, the unit shall not be eligible for issuance of a new SHORT-TERM RENTAL permit until one (1) year after the effective date of the revocation. The one (1) year waiting period shall not apply in instances where the DWELLING UNIT is sold or transferred via a non-exempt transfer.

v.

Falsification or misrepresentation of material facts.

(a)

Revocation. In the event the ZONING ADMINISTRATOR determines that the host of a SHORT-TERM RENTAL unit falsified or misrepresented one (1) or more material facts on the SHORT-TERM RENTAL permit application, or provided false or misleading information on any license, permit, receipt, report, or other documentation provided in connection with the permitting or inspection provisions set forth in this subsection, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT.

(b)

Additional limitations on re-establishment. Upon revocation, the unit shall not be eligible for issuance of a new SHORT-TERM RENTAL permit until one (1) year after the effective date of the revocation. The one (1) year waiting period shall not apply in instances where the DWELLING UNIT is sold or transferred via a non-exempt transfer.

vi.

Negligible rental activity.

(a)

Revocation. In the event the host of a SHORT-TERM RENTAL UNIT reports negligible rental activity during the preceding license year, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT; provided, in the event the SHORT-TERM RENTAL permit was active for less than the entirety of the preceding license year, the ZONING ADMINISTRATOR may reduce the minimum occupancy and income requirements proportionate to the full number of months the permit was active. If the SHORT-TERM RENTAL permit was issued during the final four (4) months of the preceding license year, the ZONING ADMINISTRATOR may alternatively allow the host to demonstrate that the SHORT-TERM RENTAL UNIT was available and advertised for rent while the permit was active. The provisions of this subparagraph shall not apply to any provisional (Class B) or Temporary (Class C) SHORT-TERM RENTAL permit, or to any standard (Class A) SHORT-TERM RENTAL permit which was suspended for all or part of the preceding license year, pursuant to subsections 9.4 O(6)(c)(i)(a), 9.4 O(6)(c)(ii)(a), or 9.4 O(6)(c)(xiv)(a).

(b)

Additional limitations on re-establishment. Not applicable.

vii.

Rental-related violations.

(a)

Revocation. In the event a property owner, authorized agent, qualified local contact, or renter is found guilty, either by admission or by the municipal judge, of committing, or allowing to be committed, a rental-related violation at, within, or upon the premises of, a SHORT-TERM RENTAL UNIT, the ZONING ADMINISTRATOR shall assess points against the SHORT-TERM RENTAL UNIT based the schedule set forth below. If a SHORT-TERM RENTAL UNIT accumulates six (6) or more points in any twenty-four (24) month period as a result of rental-related violations, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT.

(i)

For purposes of this subparagraph, the point values assigned to each type of violation shall be as follows:

a.

Six (6) Points:

1.

Any rental-related violation which results in death or gross bodily injury to any PERSON, which causes substantial damage to or destruction of property, or which creates a substantial threat to public health and safety;

2.

Continuing to use, rent, or advertise for rent, a DWELLING UNIT as a SHORT-TERM RENTAL UNIT after receiving a notice of suspension; and

3.

Failure to allow access to the SHORT-TERM RENTAL UNIT for the purpose of conducting a routine or emergency/safety inspection.

b.

Three (3) Points:

1.

Failure to modify a SHORT-TERM RENTAL permit due to a change of authorized agent or qualified local contact;

2.

Failure to pay required fines, fees, and penalties;

3.

Failure to pay required taxes;

4.

Failure to possess a valid TOWN business license;

5.

Failure to submit the annual rental activity report;

6.

Missing or non-working carbon monoxide detector(s);

7.

Missing or non-working fire extinguisher;

8.

Missing or non-working smoke alarm(s);

9.

Using, renting, or advertising for rent, a SHORT-TERM RENTAL UNIT in excess of the overnight occupancy limit;

10.

Using, renting, or advertising for rent, a SHORT-TERM RENTAL UNIT for stays of less than two (2) consecutive days; and

11.

Using, renting, or advertising for rent, less than an entire DWELLING UNIT as a SHORT-TERM RENTAL UNIT.

c.

One (1) Point:

1.

Any other rental-related violation which is not expressly listed in items (a), (b), or (c) above.

(ii)

In instances when summonses are issued to multiple PERSONs for the same violation, occurring at the same SHORT-TERM RENTAL UNIT, and on the same date, it shall be considered a single violation for purposes of this subparagraph.

(b)

Additional limitations on re-establishment. Upon revocation, the DWELLING UNIT shall not be eligible for issuance of a new SHORT-TERM RENTAL permit until one (1) year after the effective date of the revocation. The one (1) year waiting period shall not apply in instances where the DWELLING UNIT is sold or transferred via a non-exempt transfer.

viii.

Unlicensed business activities.

(a)

Suspension. The ZONING ADMINISTRATOR may suspend the SHORT-TERM RENTAL permit for any DWELLING UNIT if the host fails to possess a valid TOWN business license for the operation of a SHORT-TERM RENTAL UNIT. The suspension shall remain in place until the host obtains a valid TOWN business license and the required application for reinstatement is approved by the ZONING ADMINISTRATOR.

(b)

Revocation. If the host fails to obtain a valid TOWN business license within thirty (30) days following the effective date of the suspension, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT.

(c)

Additional limitations on re-establishment. Upon revocation, the DWELLING UNIT shall not be eligible for issuance of a new SHORT-TERM RENTAL permit until the host obtains a valid TOWN business license.

ix.

Unpaid fines, fees, or penalties.

(a)

Suspension. The ZONING ADMINISTRATOR may suspend the SHORT-TERM RENTAL permit for any DWELLING UNIT if the host is delinquent by sixty (60) days or more in the payment of any required fines, fees, or penalties imposed pursuant to this ordinance or the TOWN Code, including, without limitation, court fines, court assessments, and surcharges. The suspension shall remain in place until all required fines, fees, and penalties have been paid in full and the required application for reinstatement is approved by the ZONING ADMINISTRATOR.

(b)

Revocation. If the host fails to pay all required fines, fees, and penalties within thirty (30) days following the effective date of the suspension, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT.

(c)

Additional limitations on re-establishment. Upon revocation, the DWELLING UNIT shall not be eligible for issuance of a new SHORT-TERM RENTAL permit until all required fines, fees, and penalties have been paid in full.

x.

Unpaid taxes.

(a)

Suspension. The ZONING ADMINISTRATOR may suspend the SHORT-TERM RENTAL permit for any DWELLING UNIT if the host is delinquent by sixty (60) days or more in the payment of any taxes which are required to be paid pursuant to subsection 9.4 O(3)(c)(iii). The suspension shall remain in place until all required taxes, including late penalties (if applicable), have been paid in full and the required application for reinstatement is approved by the ZONING ADMINISTRATOR.

(b)

Revocation. If the host fails to pay all required taxes, including late penalties (if applicable), within thirty (30) days following the effective date of the suspension, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT.

(c)

Additional limitations on re-establishment. Upon revocation, the DWELLING UNIT shall not be eligible for issuance of a new SHORT-TERM RENTAL permit until all required taxes, including late penalties (if applicable), have been paid in full.

xi.

Unreported change of authorized agent or qualified local contact.

(a)

Suspension. The ZONING ADMINISTRATOR may suspend the SHORT-TERM RENTAL permit for any DWELLING UNIT if the host fails to modify the SHORT-TERM RENTAL permit within five (5) business days following any change to the unit's authorized agent or qualified local contact of record, as required by subsections 9.4 O(2)(e) and 9.4 O(2)(f). The suspension shall remain in place until the SHORT-TERM RENTAL permit is duly modified, as provided in subsection 9.4 O(4)(e) and the required application for reinstatement is approved by the ZONING ADMINISTRATOR.

(b)

Revocation. If the host fails to modify the permit with the new authorized agent or qualified local contact within thirty (30) days following the effective date of the suspension, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT.

(c)

Additional limitations on re-establishment. Not applicable.

xii.

Unreported sale or transfer of SHORT-TERM RENTAL UNIT.

(a)

Revocation. In the event a lawfully permitted SHORT-TERM RENTAL UNIT is sold or transferred, the host of record shall notify the ZONING ADMINISTRATOR within five (5) business days following the date of transfer. If the existing permit is not cancelled or modified on or before the fifth business day following the sale or transfer of the unit, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT.

(b)

Additional limitations on re-establishment. Not applicable.

xiii.

Work by an unlicensed residential builder or specialty contractor.

(a)

Revocation. In the event the owner of a lawfully permitted SHORT-TERM RENTAL UNIT obtains an exemption from the Charleston County Building Inspections Department, pursuant to S.C. Code of Laws, Section 40-59-260, to undertake work on the DWELLING UNIT which would otherwise be required to be completed by a licensed residential builder or specialty contractor, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT upon the issuance of the exempt building permit.

(b)

Additional limitations on re-establishment. Upon revocation, the DWELLING UNIT shall not be eligible for issuance of a new SHORT-TERM RENTAL permit until two (2) years after the work is completed or a certificate of occupancy is issued.

xiv.

Voluntary suspension due to reconstruction or renovation.

(a)

Suspension. In instances when a property owner desires to reconstruct or substantially renovate a lawfully permitted SHORT-TERM RENTAL UNIT, the property owner or host may request a voluntary suspension of the unit's SHORT-TERM RENTAL permit by filing a written request with the ZONING ADMINISTRATOR at the time the reconstruction or renovation permits are filed with the TOWN. Upon approval by the ZONING ADMINISTRATOR, the voluntary suspension shall remain in place until the reconstruction or renovation work is completed or a certificate of occupancy has been issued and the required application for reinstatement is approved by the ZONING ADMINISTRATOR.

(b)

Revocation. If the property owner fails to initiate construction activities within six (6) months following the effective date of the voluntary suspension, or if the property owner fails to complete the reconstruction or renovation work within twenty-four (24) months following the effective date of the voluntary suspension, the ZONING ADMINISTRATOR may revoke the SHORT-TERM RENTAL permit for the DWELLING UNIT. If the ZONING ADMINISTRATOR determines that the property owner is unable to initiate construction activities or complete the reconstruction or renovation due to extraordinary or exceptional conditions which are outside the control of the property owner, the ZONING ADMINISTRATOR may grant a reasonable extension, not to exceed six (6) additional months, as long as the property owner is in the process of initiating or completing construction activities, as applicable.

(c)

Additional limitations on re-establishment. Upon revocation, the DWELLING UNIT shall not be eligible for issuance of a new SHORT-TERM RENTAL permit until the reconstruction or renovation work is completed or a certificate of occupancy has been issued.

d.

Permit cancellation. A host may request the cancellation of a SHORT-TERM RENTAL permit at any time and for any reason. All requests for cancellation shall be submitted in writing to the ZONING ADMINISTRATOR. Upon receiving the request, the ZONING ADMINISTRATOR shall cancel the SHORT-TERM RENTAL permit and provide written confirmation to the host. Any host who cancels a permit while the permit is in good standing may reapply for a new permit at any time. New permit applications shall be subject to the permitting procedures set forth in subsections 9.4 O(4)(d) for the applicable permit class.

7.

Special provisions applicable during states of emergency.

a.

Restriction or suspension by emergency order. In the event a state of emergency is declared within the TOWN's corporate limits, the mayor, pursuant to the emergency powers vested by Section 2-205(D) of the TOWN Code, may restrict or prohibit trade and commercial activities within the TOWN, including the restriction or suspension of SHORT-TERM RENTAL activities. Any orders issued by the mayor to restrict or suspend SHORT-TERM RENTAL activities during a declared state of emergency shall be effective immediately or at such other time as the mayor shall specifically designate and shall remain in effect until ended by the mayor or by a majority vote of COUNCIL.

b.

Restriction or suspension by emergency ordinance. Pursuant to Section 2-345 of the TOWN Code, COUNCIL may adopt emergency ordinances to meet public health emergencies affecting the life, health, safety, or the property of the people. Any emergency ordinance which suspends or restricts SHORT-TERM RENTAL activities shall be effective immediately upon enactment and shall expire automatically on the sixty-first (61st) day following the date of enactment.

c.

Notification. In instances where SHORT-TERM RENTAL activities are restricted or suspended by the mayor or COUNCIL pursuant to paragraphs (a) or (b) above, the ZONING ADMINISTRATOR shall provide notification to all hosts and qualified local contacts, if applicable, using the most efficient and effective means possible.

d.

Cessation of operation. Upon receiving notice from the ZONING ADMINISTRATOR, the host shall immediately comply with all emergency provisions imposed by the mayor or COUNCIL. Any host who continues to use, rent, or advertise for rent, a SHORT-TERM RENTAL UNIT in violation of such emergency provisions shall be subject to the enforcement and penalty provisions of this ordinance.

e.

Mandatory evacuation required. If state or local authorities order a mandatory evacuation of an area that includes the SHORT-TERM RENTAL UNIT, any renters occupying the unit shall comply with the evacuation order.

P.

UTILITY SUBSTATIONS or Subinstallations.

1.

The owner or operator of the UTILITY shall provide documentation to the ZONING ADMINISTRATOR demonstrating that the UTILITY owns or possesses an EASEMENT for the subject property.

2.

Fencing, landscaping, or screening may be required in order to minimize the visual impact of the facility or to improve its compatibility with adjoining properties. If required by the ZONING ADMINISTRATOR, the UTILITY SUBSTATION or subinstallation shall comply with the requirements of Article 11 of this ordinance.

Q.

VACATION CLUB UNIT.

1.

The vacation club and the property owner, if different from the vacation club, shall possess a valid town business license.

2.

If the VACATION CLUB UNIT is rented for more than 15 days during any calendar year, the vacation club shall collect and remit all required state and local taxes as specified below based upon the gross receipts from the rental of the unit. Upon request, the vacation club shall furnish documentation of the payment of any state and local taxes to the Zoning Administrator within three (3) business days.

a.

State and local sales taxes (eight (8) percent);

b.

State accommodations tax (two (2) percent);

c.

Charleston County accommodations tax (two (2) percent); and

d.

Any other tax which may be imposed after the effective date of this section.

3.

The vacation club shall provide no other commercial services on the premises of the VACATION CLUB UNIT.

4.

The VACATION CLUB UNIT shall meet all other requirements applicable to SHORT-TERM RENTAL UNITs, as specified in Section 9.4 O.

5.

No LOT or other residential unit in the TOWN may be used for, be subject to, rented, leased, sold, or otherwise operated as a VACATION TIME SHARING PLAN.

R.

Veterinary Offices and Clinics. (See requirements for KENNELs, Subsection G.)

S.

Water and Wastewater Treatment. STRUCTUREs, including but not limited to, accessory STRUCTUREs, and associated parking areas, walks, and roadways shall cover no more than 50 percent of any parcel containing a water or wastewater treatment facility.

T.

Wireless Communication ANTENNAs and Towers.

1.

Required Approvals. The placement of wireless communications facilities and towers shall meet the following approval requirements:

a.

Installation of New Towers. The construction and installation of any new tower shall only be in accordance with the review and approval procedures of this article. No tower or related STRUCTURE shall be permitted within the SCDHEC-OCRM CRITICAL LINE or on any beach.

b.

Installation of New ANTENNA. The installation of new ANTENNA(s) on existing towers, including legal NONCONFORMING towers, and existing alternative STRUCTUREs (such as water towers, BUILDINGs, or steeples) may be approved by the ZONING ADMINISTRATOR subject to all requirements of this section. Any new ANTENNA that will add either 10 percent or 20 feet, whichever is less, above the highest point of any existing tower or alternative STRUCTURE shall be subject to the provisions of this section for the installation of new towers, as described below.

c.

Installation of New Accessory STRUCTUREs. The installation of new accessory STRUCTURE(s), such as equipment BUILDINGs, to support the installation of additional ANTENNAs on existing towers or alternative STRUCTUREs may be approved by the ZONING ADMINISTRATOR.

d.

Installation of Small Wireless Facilities. The installation of small wireless facilities within the right-of-way along any street under the jurisdiction of the TOWN shall comply with the provisions of the South Carolina Small Wireless Facilities Deployment Act (Act 179 of 2020).

e.

Exemptions. Amateur radio towers not exceeding a height of 75 feet and satellite dishes shall be exempt from the provisions of this section.

2.

Removal. Any tower unused or left abandoned for 12 consecutive months shall be removed by the property owner at his or her expense. Regardless of the tower ownership, the property owner shall be responsible for removal. Upon the request of the ZONING ADMINISTRATOR, the operator of any facility to which this provision applies shall provide documentation of the use of that facility for the purpose of verifying any abandonment.

3.

Interference with Public Safety Facilities. No new wireless communications facilities or tower shall result in any interference with public safety telecommunications.

4.

Required Documentation for all Facilities. In addition to the requirements provided in this section for conditional approval, applications for new towers, new ANTENNA, and new related facilities, including equipment mounted on an existing BUILDING, shall include the following:

a.

Engineer's Report. A report from a professional engineer licensed in the State of South Carolina that:

i.

Describes the height and design of any new tower and/or ANTENNA including a cross-section, latitude, longitude, and elevation;

ii.

Describes or updates (in the case of new ANTENNA) the tower's capacity, including the type and number of ANTENNAs it can accommodate;

iii.

Certifies compliance of the construction specifications with all applicable BUILDING codes (including but not limited to the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces: flooding, wind, earth movements, etc.);

iv.

Certifies that the facility will not interfere with established public safety telecommunication facilities; and

v.

Includes the engineer's seal and registration number.

b.

Letter of Intent. A binding letter of intent committing the tower owner, property owner, ANTENNA owners, and their successors to allow the shared use of the tower.

c.

Proof of Compliance. Copies of any required approvals from the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and all other applicable state and federal agencies.

d.

Removal Affidavit. A letter committing all parties, including the property owner and his or her successors, to remove the tower and all related accessory STRUCTUREs, FENCEs, landscaping, and equipment if the tower is abandoned (unused for a period of 12 consecutive months). The removal affidavit shall be recorded in Charleston County, with a copy of the recorded affidavit provided to the ZONING ADMINISTRATOR.

5.

Determination of New Tower Need. Any proposal for a new COMMUNICATIONS TOWER shall only be approved if the applicant submits verification from a professional engineer licensed in the State of South Carolina that the ANTENNA(s) planned for the proposed tower cannot be accommodated on any existing or approved towers or other STRUCTUREs within a two (2) mile radius of the proposed tower location due to one (1) or more of the following reasons:

a.

Existing Public Site. There are no existing publicly owned towers or sites suitable to accommodate the proposed tower or ANTENNAs.

b.

Inadequate Structural Capacity. The ANTENNA(s) would exceed the structural capacity of an existing or approved tower or other STRUCTURE.

c.

Interference. The ANTENNAs would cause interference impacting the usability of other existing or planned equipment at the tower site.

d.

Inadequate Height. The existing or approved towers or STRUCTUREs within the search radius cannot accommodate the planned equipment at the height necessary.

e.

Land Availability. Additional land area is not available (when necessary).

6.

Design Requirements for new Towers and Related Facilities. All telecommunications facilities shall meet the following design requirements:

a.

Lighting. Tower lighting shall only be as required for safety or security reasons or as required by the FAA or other federal or state authority. All ground level security lighting shall be oriented inward so as not to project onto surrounding properties and shall have 90-degree cut-off luminaries (shielded down lighting).

b.

Co-Location. All telecommunication towers shall be designed, and engineered structurally, electrically, and in all other respects to accommodate both the applicant's equipment and at least one (1) additional user for every 50 feet in total tower height in excess of 50 feet or fraction thereof.

i.

Each additional user shall be assumed to have an ANTENNA loading equal to that of the initial user.

ii.

Towers must be designed to allow for rearrangement of ANTENNAs and to accept ANTENNAs mounted at varying heights.

c.

Height. All towers and ANTENNA shall conform to FAA tall structure requirements. The maximum height of accessory STRUCTUREs shall be 15 feet.

d.

Signs. Signs for all telecommunications facilities shall be permitted up to a total of four (4) square feet per user and mounted on the FENCE.

7.

Site Requirements for new Towers and Related Facilities. All telecommunications facilities shall meet the following site requirements:

a.

Vehicular Access. Vehicle access drives may be gravel or paved and shall be located within an access EASEMENT that is a minimum of 20 feet in width. Any portion of the entrance located in a public right-of-way or street EASEMENT shall meet the applicable street design, construction, and pavement requirements for the TOWN.

b.

Site Area. The LOT (or lease area) where the tower is located shall be large enough to accommodate all anticipated accessory STRUCTUREs needed by future ANTENNA users. The size of the site shall also be of sufficient area to allow the location of one (1) additional tower and associated support facilities.

i.

The arrangement of the initial tower and the topography of the site shall be considered in determining the sufficiency of the site area.

ii.

At a minimum, the width and depth of the tower site shall be a distance equal to the tower height. The tower shall be placed within the property so it is no closer to any LOT line than one-half (½) the tower height.

iii.

All tower supporting and stabilizing wires shall be located within the site area.

c.

Setback. The required SETBACKs for the tower and related facilities shall be as follows:

i.

Side and rear SETBACK. The minimum side and rear SETBACK for all facilities, including the security FENCE, shall be 25 feet.

ii.

Front SETBACK. The minimum front SETBACK for all facilities shall be as specified by this ordinance for the zoning district in which it is located. No part of a wireless telecommunications facility, including the security FENCE, and any required guide wires or bracing shall be permitted in the required front SETBACK.

iii.

Additional SETBACK from residential districts. No facility shall be placed closer than one and one-half (1½) times the total height of the tower or 200 feet, whichever is greater, to any property included in a residential district.

d.

Encroachment. No part of any telecommunications facility nor associated lines, cables, equipment, wires, or braces shall at any time extend across or over any part of a public right-of-way, PRIVATE STREET EASEMENT, sidewalk, or property line.

e.

Fencing. An eight (8) foot high security FENCE shall completely surround the tower and accessory equipment BUILDING site. Any deterrents, such as barbed wire, shall be at least eight (8) feet above grade.

i.

Required landscape screening shall be located outside of the required FENCE.

ii.

If adjacent to a residential district, the required security FENCE enclosing the facility shall be 100 percent opaque on the side facing the residential district. Chain link FENCE may be used; provided, it is covered by a green or black wind screen. Opaque, eight (8) foot tall gates shall be provided for access.

8.

Landscape Screening. Evergreen BUFFER plantings shall be located and maintained around the outermost perimeter of the security FENCE of all wireless communications facilities. The landscape plan for the site shall specify plants in a number and arrangement sufficient to screen the FENCE, all equipment, and the base of the tower, as determined by the ZONING ADMINISTRATOR.

a.

If evergreen SHRUBs are used, they shall be planted a maximum of five (5) feet apart on center.

b.

If evergreen trees are used, they shall be planted as required by Section 11.3 B.2 of this ordinance.

c.

Landscape screening, in addition to the requirements of this section, may be provided within the SETBACK area.

(Ord. No. 2024-06, § 3, 12-17-2024)