Sullivans Island City Zoning Code
ARTICLE XIII
VACATION RENTALS
Sec. 21-117. Prohibition and nonconformity.
Vacation Rentals are prohibited uses on Sullivan’s Island. Nothing in this Ordinance shall be construed to permit any Principal Building or other structure to be used as a Vacation Rental. All legally established Vacation Rentals are interpreted to be Nonconforming Uses.
Sec. 21-118. Certificate of zoning compliance and business license required.
In order for the owner of a Principal Building that has been lawfully used as a Vacation Rental during the twelve (12) months prior to November 21, 2000 to continue to use the property as a Vacation Rental, the owner shall apply for, and if approved by the Zoning Administrator upon meeting the requirements of this Article, be issued a Certificate of Zoning Compliance and shall secure a Vacation Rental Business License.
A. A Certificate of Zoning Compliance shall be obtained for each calendar year the property is used for a Vacation Rental.
B. A Certificate of Zoning Compliance shall be obtained for each Principal Building.
C. A Certificate of Zoning Compliance shall not be granted, even if the Principal Building otherwise qualifies for a Certificate of Zoning Compliance, if subsequent to the ratification of this Ordinance, that Principal Building has been enlarged or razed or otherwise destroyed.
D. If a lot has more than one legally existing Principal Building, a Certificate of Zoning Compliance shall be obtained for each Principal Building that is being used for a Vacation Rental.
Sec. 21-119. Certificate of zoning compliance application.
A. An applicant for a Certificate of Zoning Compliance shall provide the following information to the Town Clerk in the application for a Certificate of Zoning Compliance for a Vacation Rental:
(1) The complete street address, lot and block number and the tax map number as used by Charleston County;
(2) Proof of ownership, including the name, address and phone number of each person or entity with an ownership interest in the property;
(3) If the applicant is someone other that an owner, the applicant shall provide proof in writing of the owner’s (or owners’) authorization of the applicant to apply for the Certificate of Zoning Compliance and a Vacation Rental Business License;
(4) The applicant shall provide a letter signed by all of the owners of the property acknowledging that a violation of the Town’s Vacation Rental Ordinance by the applicant, any manager of the property, or tenant shall be considered a violation by the owner(s);
(5) The owner’s valid and current federal employer tax identification number or the social security number which is used for reporting of state and federal income tax for income derived from the Vacation Rental property;
(6) The name, address and twenty-four (24) hour phone number of the person who will be operating the Vacation Rental;
(7) The name and signature of all owners, authorized agents and authorized property managers; and,
(8) Agreement to comply with all of the rules and regulations set out in Sec. 21-122.
B. No Certificate of Zoning Compliance shall be granted until sufficient written evidence is provided to show that:
(1) A Sullivan’s Island Vacation Rental Business License was issued for the Vacation Rental for the previous calendar year;
(2) The property was not assessed under the State, County and Town Municipal ad valorem tax laws as a qualified assessment for owner occupied property but rather assessed at the six percent (6%) rate and paid at the six percent (6%) rate for the previous calendar year. If a property has previously or is presently being assessed with a qualified assessment as owner occupied property four percent (4%), then the owner shall present sufficient proof satisfactory to the Town Clerk that the property has lawfully met and continues to meet the requirements for the four percent (4%) assessment under the criteria set out in Section 12-43-220 of the Code of laws of South Carolina, as amended;
(3) Personal rental residential property taxes were assessed and paid for the previous calendar year;
(4) State accommodation taxes were collected and paid for the rental of the property for the previous calendar year;
(5) Sales taxes were collected and paid for the rental of the property for the previous calendar year;
(6) Local option sales taxes were collected and paid for the rental of the property for the previous calendar year;
(7) County accommodation taxes were collected and paid for the rental of the property for the previous calendar year;
(8) Water and sewer fees have been paid in full;
(9) The property was actually held out and used as a Vacation Rental during the previous calendar year and was so used as a Vacation Rental for a period of more than two (2) weeks during the previous calendar year;
(10) The owner consents to an inspection of the property by the Fire Chief of the Town of Sullivan’s Island and the Building Official for the Town of Sullivan’s Island to determine if the property complies with all Town of Sullivan’s Island fire and building ordinances; and,
(11) The Zoning Administrator confirms that the property has not been used in an unlawful manner in the prior twelve (12) months and that the owner(s) has not violated any laws of the Town of Sullivan’s Island.
C. Except in cases involving the initial receipt of a Certificate of Zoning Compliance, the owner shall have complied with all of the rules and regulations set out in Sec. 21-122 during the previous twelve (12) months and there has been a determination by the Zoning Administrator that the owner has not violated the said rules and regulations on more than two (2) occasions in the previous twelve (12) months.
Sec. 21-120. Standards for denial.
(A) If the Zoning Administrator finds substantial and credible evidence that one or more of the requirements of Sec. 21-119 have not been met, then the Zoning Administrator shall deny the applicant a Certificate of Zoning Compliance.
(B) If the Certificate of Zoning Compliance is denied, the applicant may request a review and re-inspection by the Zoning Administrator. If the review and re-inspection is denied or if, after review and re-inspection, there is no change in the denial of the license, the owner/applicant may appeal the decision by petition to the Board of Zoning Appeals.
Sec. 21-121. Transferability.
The Certificate of Zoning Compliance and the Vacation Rental Business License may not be assigned or transferred, pledged, sold, or otherwise transferred by the license holder to any other person, business, or entity. The license belongs solely to the owner and shall remain in the owner’s name until such time that the owner ceases to use the property for a short-term rental purpose or sells the property. If a new owner wishes to continue to use the property for a Vacation Rental, an application shall be made to the Town within thirty (30) days of the transfer of the property or thirty days before the first Vacation Rental of the property.
Sec. 21-122. Operational requirements.
A. Any owner of a Vacation Rental who obtains a Certificate of Zoning Compliance and a Vacation Rental Business License shall comply with the following:
(1) All Vacation Rentals shall comply with the terms of the current Sullivan’s Island Waste Hauler contract associated with excessive garbage and charges for containment and collection of the same;
(2) Except as provided herein, each residential property where transient lodging use is in effect shall prominently display so as to be visible from the outside of the property the Vacation Rental Business License;
(3) A contact person shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of responding promptly to complaints regarding the conduct of the occupants of the Vacation Rental. The name and phone number of the contact person shall be registered with the Police Department;
(4) The occupancy of a Vacation Rental shall conform to the occupancy limits of the Town of Sullivan’s Island and Fire and Building Ordinances and total occupancy in all cases shall be subject to the following:
(a) No more than two (2) occupants for each one hundred twenty (120) square feet of bedroom area, plus one (1) additional occupant for each additional sixty (60) square feet of bedroom area in bedrooms shared by more than two (2) occupants;
(b) No more then twelve (12) occupants and no more than twenty-four (24) people (including both occupants and temporary guests) gathered at the Vacation Rental or otherwise on the property at any time; and,
(c) There shall be no weddings, parties, or other social events where more than twenty-four (24) people would congregate or gather on the property at one time.
(5) The owner or manager shall maintain a tenant and vehicle registration which shall include the name and address of each unit’s tenant(s), and the make, year and tag number of the tenant’s (s’) vehicle(s). This information shall be readily available upon request of any officer of the Town responsible for the enforcement of this Ordinance;
(6) The owner shall provide off-street parking on the Vacation Rental property for all vehicles, watercraft and trailers to be used by the tenants during any occupancy;
(7) There shall be a written lease between a Vacation Rental owner and the tenant and it shall contain the tenant’s agreements to the regulations contained in this subsection; and,
(8) There shall be neither overnight leases nor any conversion from providing Vacation Rentals to operating an inn or motel. All leases, rentals or uses by a tenant shall be for a minimum of three (3) continuous nights.
B. Nothing in this subsection is intended to exclude the application of any other ordinance for the Town of Sullivan’s Island to the property or to the related parties.
Sec. 21-123. Suspension, revocation or abandonment.
A. A Certificate of Zoning Compliance and/or a Vacation Rental Business License may be suspended or revoked upon a determination by the Zoning Administrator of the existence of two (2) or more instances of failure to satisfy the conditions that are required to be shown as set out in Sec. 21-119 or in violation of the conditions and regulations set out in Sec. 21-122. An appeal of such determination of the Zoning Administrator may be made by petition to the Board of Zoning Appeals in accordance with the provisions of this Zoning Ordinance.
B. The abandonment or failure to use a property as a Vacation Rental for a period of twelve (12) consecutive months for any period shall be deemed an abandonment of the Vacation Rental use and the property shall no longer be used as a Vacation Rental and the owner of the property shall no longer be entitled to obtain a Certificate of Zoning Compliance nor a Vacation Rental Business License. Furthermore, the owner of the property and any broker, real estate agent or authorized agent of the owner shall be prohibited from using the property as a Vacation Rental.
Sec. 21-124. Violations.
A. It shall be a violation of these regulations to enter into a long-term lease with a mutual intent to subvert the regulatory goals of this Article. It shall be a violation of these regulations to sublease or allow the subleasing of a Principal Building for less than twenty-eight (28) days with intent to subvert the regulatory goals of this Ordinance. It shall also be a violation of these regulations for a property owner to lease space to “roommates” for a period of less than twenty-eight (28) days when not licensed as provided hereunder. For the purposes of enforcement, a reputable presumption that “roommates” are involved shall exist if the persons use a common entrance to the Principal Building.
B. It shall be unlawful for any person, owner, tenant, broker, real estate agent, other agent or other representative of the owner to hold out or advertise a residential dwelling for a Vacation Rental if the property has not been issued a Certificate of Zoning Compliance and a Vacation Rental Business License. It shall further be unlawful to hold out and/or advertise a residential dwelling for occupancy or uses not permitted by these regulations. A broker or real estate agent who is found in violation of this regulation shall be subject to having his/her business license revoked.
C. Any violation of the regulations provided in this Article by any person, owner, tenant, agent, broker real estate agent or other representative of an owner shall be punishable as a misdemeanor and by a fine of up to Five Hundred Dollars ($500) per day per violation and/or a sentence of thirty (30) days in jail. Each day the violation continues or occurs shall constitute a separate offense. In addition to any other remedy available to the Town of Sullivan’s Island, the Town or any adversely affected party may enforce these regulations or the terms of this Ordinance in law or in equity. The Town of Sullivan’s Island or any party adversely affected by any violation may seek injunctive relief from a Court of competent jurisdiction to prevent a violation of this Article.