Charleston committee previews short-term rental code changes, proposes occupancy cap of 8

Mister Summerfield, a city staff member, told the Charleston City Community Development Committee that the city is proposing clarifying amendments to the short-term rental (STR) ordinance that would determine occupancy by bedroom size under the International Property Maintenance Code and include a maximum cap of eight people for new permits.

The draft is not a new regulatory regime, Summerfield said: "This amendment is not meant to introduce new regulations. It is meant to clarify existing regulations." He traced the rules back to a multi-year task force that began in 2016 and led to the 2018 ordinance establishing three residential STR categories and an STR overlay.

Summerfield provided inventory figures for the overlay in the Cannonboro–Elliottborough area, saying "there's within the Kentonboro, Elliottborough neighborhood... that accounts for 257 properties within the Cannonboro, Elliottboro neighborhood within the overlay" representing roughly 600 units when STRs and bed-and-breakfast units are combined. Under the proposed change, occupancy would be determined by the fire marshal using the adopted International Property Maintenance Code, with a firm cap of eight people for new permittees.

The draft would also treat bedrooms as the only counted sleeping spaces; Summerfield said operators will have to submit updated, dimensioned floor plans and that improvised sleeping areas such as daybeds in hallways would not count toward occupancy. He said applicants would not be required to submit stamped architectural plans — a taped, scaled plan with dimensions would be acceptable — but staff expect an added burden on the short-term rental coordinator and the city marshal's office to review materials.

Staff proposed an exception for currently permitted STRs that have more than four bedrooms. As explained by a committee member during the meeting, "So we're talking about 29 units, and we'll get you all a copy of the research we've done." Summerfield gave the breakdown: one seven-bedroom unit, nine six-bedroom units and 19 five-bedroom units would qualify under the exception. Those units would be treated as legal nonconforming accessory uses and, according to the draft language shown to the committee, the exception would not automatically transfer to future owners; staff are discussing whether a new owner could seek relief from the Board of Zoning Appeals.

The draft also removes a previously proposed requirement that new builds operate as residential dwellings for a period before converting to STRs; Summerfield said that provision was struck from the version being sent to planning commission. The proposal, he said, remains a draft and has been revised repeatedly based on stakeholder meetings and council briefings since October of last year.

Next steps: Summerfield said the draft will go to planning commission for a public hearing next week; if recommended, the city council first reading and public hearing are anticipated Aug. 18, with a possible second reading on Sept. 8. The committee treated the item as discussion-only at this meeting and took no formal vote on the ordinance itself.