VESTED RIGHTS

Charleston, S.C., Zoning Ordinance art. 9, pt. 5

in effect

Charleston, S.C., Zoning Ordinance § 54-960 Vested rights.

Sec. 54-960. - Vested rights. The purpose of this Part 5 is to implement the provisions of S.C. Code Ann. § 6-29-1510, et seq. (Cum Supp. 2004), Vested Rights Act, so as to secure the reasonable expectation of landowners who make significant investment in site evaluation, planning, development costs, consultant fees or engineering or architectural expenses to meet land development standards for site plan approval. The purpose further includes the implementation of the South Carolina General Assembly Permit Extension Joint Resolutions of 2010 and 2013. (Ord. No. 2005-99, § 1, 6-21-05; Ord. No. 2011-27, § 1, 4-12-2011; Ord. No. 2014-47, § 1, 4-8-14)

Charleston, S.C., Zoning Ordinance § 54-961 Definitions.

Sec. 54-961. - Definitions. For purposes of Part 5, the following terms shall be defined as hereafter set forth. 1. Approved or approval means a final action by the local governing body or an exhaustion of all administrative remedies that results in the authorization of a site specific development plan. 2. Building permit means a written authorization issued by the building official that authorizes the construction or renovation of a building or structure at a specified location. 3. Landowner means an owner of a legal or equitable interest in real property including the heirs, devisees, successors, assigns, and personal representatives of the owner. Landowner includes a person holding a valid option to purchase real property pursuant to a contract with the owner to act as his agent or representative for purposes of submitting a proposed site specific development plan pursuant to this part. 4. Local governing body means: (a) City Council; or (b) A body or board authorized by statute or by City Council to make land use decisions, to include the Planning Commission, Boards of Zoning Appeals, the Board of Architectural Review, the Commercial Corridor Design Review Board, the Technical Review Committee and such staff as are authorized to approve plans pursuant to the provisions of this Chapter. 5. Person means an individual, corporation, business or land trust, partnership, association, two or more persons having a joint or common interest, or any legal entity as defined by South Carolina laws. 6. Real property or property means all real property that is subject to the land use and development ordinances or regulations of the city, and includes the earth, water and air, above, below, or on the surface, and includes improvements or structures customarily regarded as a part of real property. 7. Site specific development plan means a development plan submitted to a local governing body by a landowner describing with reasonable certainty the types and density or intensity of uses for a specific property or properties. Site specific development plans include a planned unit development; a preliminary or final subdivision plat; a conceptual plan submitted to the Board of Architectural Review or Design Review Board; a development plan submitted to the Technical Review Committee for first review; a preliminary or general development plan submitted to staff authorized to grant approval pursuant to the provisions of this Chapter that qualify for either preliminary or final approval; a variance; a conditional use or special exception permit plan. 8. Vested right means the right to undertake and complete the development of property under the terms and conditions of a site specific development plan. 9. Permit Extension Joint Resolutions of 2010 and 2013 refers to Act Number 297 which was ratified by the 118th Session, 2009-2010 South Carolina General Assembly on May 13, 2010, and signed by the Governor on May 19, 2010, A297, R215, H4445; and Act Number 112 which was ratified by the 120th Session, 2013-2014 South Carolina General Assembly on June 19, 2013 and signed by the Governor on June 20, 2013, A112, R123, H3774. (Ord. No. 2005-99, § 1, 6-21-05; Ord. No. 2011-27, § 2, 4-12-11; Ord. No. 2014-47, §§ 2, 3, 4-8-14; Ord. No. 2017-130, § 1, 10-10-2017)

Charleston, S.C., Zoning Ordinance § 54-962 Term.

Sec. 54-962. - Term. a. Vesting periods. 1. The approval of a site specific development plan results in a two-year vested right in the approved site specific development plan from the date of approval by the local governing body. 2. Within the vesting period, the property owner may make application and be granted a building permit from the City's Building Department in accordance with all other applicable City regulations. b. Extensions of vesting periods and limitations thereto. 1. Subsequent modifications or amendments to an approved site specific development plan shall not re-establish or extend the initial two-year vesting period if the underlying land development ordinances or regulations have been amended in a manner that would prohibit the execution of the site specific development plan. 2. A site specific development plan is eligible for at least five annual extensions of the vested right, which must be approved unless an amendment to this Chapter has been adopted that prohibits approval. 3. Any change or amendment to this Chapter that would no longer allow execution of the site specific development plan constitutes a prohibition of the approval of the extension. 4. The property owner must submit a written request for the extension to the local governing body that approved the site specific development plan, prior to the expiration of the initial two-year vesting period and each successive annual vesting period; failure to make a timely request shall void the request. (Ord. No. 2005-99, § 1, 6-21-05; Ord. No. 2021-163, § 1, 11-23-21)

Charleston, S.C., Zoning Ordinance § 54-963 Variances, special exceptions.

Sec. 54-963. - Variances, special exceptions. A site specific development plan for which a variance or special exception is required obtains no vested rights until the later of: (1) obtaining the variance or special exception; or (2) approval from the applicable local governing body. (Ord. No. 2005-99, § 1, 6-21-05)

Charleston, S.C., Zoning Ordinance § 54-964 Amendment.

Sec. 54-964. - Amendment. A site specific development plan may be amended upon application of the landowner and the approval of the applicable local governing body utilizing procedures then applicable for approval of a site specific development plan. (Ord. No. 2005-99, § 1, 6-21-05)

Charleston, S.C., Zoning Ordinance § 54-965 Revocation.

Sec. 54-965. - Revocation. A vested right to a site specific development plan is subject to revocation by the applicable local governing body upon its determination, after notice and public hearing, that there was a material misrepresentation by the landowner or substantial noncompliance with the terms and conditions of the original or amended approval. (Ord. No. 2005-99, § 1, 6-21-05)

Charleston, S.C., Zoning Ordinance § 54-966 Building permits.

Sec. 54-966. - Building permits. A validly issued building permit does not expire or is not revoked upon expiration of a vested right, except for public safety reasons or as prescribed by the applicable building code. (Ord. No. 2005-99, § 1, 6-21-05)

Charleston, S.C., Zoning Ordinance § 54-967 Later enacted laws.

Sec. 54-967. - Later enacted laws. A vested site specific development plan is subject to later enacted federal, state, or local laws adopted to protect public health, safety, and welfare including, but not limited to, building, fire, plumbing, electrical, and mechanical codes and nonconforming structure and use regulations which do not provide for the grandfathering of the vested right. The issuance of a building permit vests the specific construction project authorized by the building permit to the building, fire, plumbing, electrical, and mechanical codes in force at the time of the issuance of the building permit. A vested site specific development plan is subject to later local governmental overlay zoning that imposes site plan-related requirements but does not affect allowable types, height as it affects density or intensity of uses, or density or intensity of uses. A change in the zoning district designation or land use regulations made subsequent to vesting that affect real property does not operate to affect, prevent, or delay development of real property under a vested site specific development plan, without consent of the landowner. If real property having a vested site specific development plan is annexed, City Council shall determine, after notice and public hearing in which the landowner is allowed to present evidence, if the vested right is effective after the annexation. (Ord. No. 2005-99, § 1, 6-21-05)

Charleston, S.C., Zoning Ordinance § 54-968 Waiver not permitted.

Sec. 54-968. - Waiver not permitted. A local governing body may not require a landowner to waive his vested rights as a condition of approval of a site specific development plan. (Ord. No. 2005-99, § 1, 6-21-05)

Charleston, S.C., Zoning Ordinance § 54-969 Permit Extension Joint Resolutions of 2010 and 2013.

Sec. 54-969. - Permit Extension Joint Resolutions of 2010 and 2013. Pursuant to the Permit Extension Joint Resolutions of 2010 and 2013, the running of the period of a vested right is suspended during the period beginning January 1, 2008, and ending December 31, 2016. The Joint Resolution of 2010 is retroactive to January 1, 2008, so that the time period of a vested right that remained after December 31, 2007, shall remain after December 31, 2016, and any obligation or opportunity to extend a vested right, pursuant to Section 54-962, that may have been available between the period beginning January 1, 2008, and ending December 31, 2016, shall be available after December 31, 2016. (Ord. No. 2011-27, § 3, 4-12-11; Ord. No. 2014-47, § 4, 4-8-14)

Source: City of Charleston, South Carolina, Code of Ordinances and Zoning Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/sc/charleston/codes/zoning?nodeId=ART9ADEN_PT5VERIFetched: 11/7/2026