Charleston, S.C., Zoning Ordinance § 54-970 Temporary Moratorium.
Sec. 54-970. - Temporary Moratorium.
Findings: City Council finds that an area of the City, hereafter defined as the Church Creek Drainage Basin, is comprised of nearly 5,000 acres that have very limited points of discharge for stormwater and a broad defined floodplain. Because of the topography, high tides and significant rain events, homes and other developed properties in the Basin have experienced severe and more frequent flooding during rainstorms. Continued development within certain portion of Basin could further exacerbate and impact the potential for flooding and property damage and compromise public safety. Notwithstanding ongoing efforts by the City to study and model the drainage conditions in the Basin and to update and implement regulations to alleviate flooding conditions there, it is evident that, absent a thorough evaluation of the drainage patterns in portions of the Basin, of the development and infrastructure in place, and of development that will reasonably occur in these areas in the immediate future, development in the Basin, both existing and planned, will be threatened, as well as the quality of life of those who live and work there now and those who will in the future. The public health and safety and the economic well-being of the City and of its residents who live, work and shop in the affected area demand that measures be taken to temporarily limit further development in the portions of the Basin located in the 100-year floodplain for a reasonable period of time to enable the City to update the drainage study of these portions of the Basin and implement the recommendations thereof.
A. Moratorium.
(1) Subject to the exceptions as set forth in subsection B hereof, no application for a permit from the Departments of Planning and Preservation and Public Service for new construction (except for a building permit for a single family dwelling on an existing lot of record as of the date of ratification of the ordinance from which this part derives) shall be processed or granted during the duration set forth in subsection E hereof, for any property located in the 100-year floodplain within the boundaries of the Church Creek Drainage Basin, as the same is set forth on a GIS map dated ________________ entitled Church Creek Area Drainage Basin 100-year floodplain, attached hereto and made a part hereof a duplicate original of which is on file in the Department of Planning and Preservation.
B. Exceptions: Excepted from the provisions of subsection A (1) are:
(1) Projects subject to Technical Review Committee (herein TRC) review that, as of February 28, 20017, had TRC approval.
(2) Projects not subject to TRC review that, as of February 28, 2017, had building permit approval.
(3) Construction on a lot of record not subject to TRC review and where, as of February 28, 2017, the system for managing the stormwater from the lot has received final approval from the city.
(4) Applications to adjust lot lines, or to subdivide acreage, except for final residential development plats.
(5) Notwithstanding the above, an applicant may proceed at his own risk with securing and acting on development permits and approvals, except for permits to pave or construct buildings, during the duration set forth in Section E; provided however, all such applicants and any permits acquired during this time shall be subject to applicable stormwater regulations the City develops from the information received by the study of the drainage basin commissioned by the City.
C. Alteration of District Boundary: Nothing herein shall be construed to limit or abridge the right of an applicant to seek a review and potential alteration of a property being located within the 100-year floodpalin of the Church Creek Drainage Basin upon a showing of topographic data that supports the alteration. Any such alterations shall require the approval of City Council, after recommendation of the Director of the Department of Public Service.
D. Status Reports: For the duration set forth in Section E, the Director of Public Service, or her designee, shall provide monthly status reports to City Council and other interested parties on the progress of the study and such recommendations as may be available from the City's consultant, regarding stormwater management in the Church Creek Drainage Basin.
E. Duration: The provisions of this Part 5 of Article 9 of the Zoning Ordinance shall expire nine (9) months from February 28, 2017.
(Ord. No. 2017-060, § 1, 5-30-2017; Ord. No. 2025-024, § 1, 2-25-25)