A. City Code Provisions: The use of buildings and land within the city shall be subject to all other applicable provisions of this code as well as this title, whether or not such other provisions of this code are specifically cross referenced in this title. Cross references to other provisions of this code are for the convenience of the reader; lack of a cross reference should not be construed as an indication that other provisions of this code do not apply.
B. Consistency With Comprehensive Plan:
1. This title, and any amendment to or actions pursuant to this title, are intended to implement the goals and policies of the Charleston comprehensive plan and are hereby deemed to be consistent with and in accordance with the adopted comprehensive plan for the city.
2. An amendment to the text of this title is consistent with the comprehensive plan if it complies with the goals and policies stated in the plan. An amendment to the zoning map is consistent with the comprehensive plan if the map amendment is consistent with the future land use map contained in the plan.
C. Conflicts: Whenever any provision of this title or any other applicable law, rule, contract, resolution or regulation of the city, county, state or federal government contains certain standards covering the same subject matter, the more restrictive requirements or higher standards shall govern.
D. Relationship To Private Agreements 1 : This title is not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement or legal relationship; provided, however, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, the regulations of this title shall govern.
E. Development Under Prior Regulations:
1. Existing Uses: Existing legally established uses may continue as long as they are in compliance with this title. Legal nonconforming uses may continue pursuant to chapter 6 of this title.
2. Nonconforming Lots: Subject to the provisions of chapter 6 of this title, existing legal lots that do not meet minimum area requirements may be developed as nonconforming lots, but unless the plat specifies building setbacks, development of vacant lots shall comply with new setbacks to the greatest extent possible. A variance shall be obtained from the board of zoning appeals and planning to deviate from the standards of this title.
3. Development Under Review: Development under prior regulations shall be allowed, provided the city has issued a valid permit, and the permit has not expired. Any permit issued under prior regulations shall expire twelve (12) months after the effective date hereof unless the applicant completes the work.
4. Development Of New Uses: Any use previously permitted by right under the zoning district regulations in effect immediately prior to the effective date hereof, may be established within six (6) months of the effective date hereof, subject to issuance of a conditional use permit for the use pursuant to subsection 10-4-3D of this title.
F. Relationship To Other Regulations And Codes: This title establishes many, but not all, of the standards and procedures for development. Other portions of this code, as well as other standards shall apply to development, including, but not limited to, adopted building codes, fire codes, utility, street and drainage design and construction standards. (Ord. 03-O-9, 3-18-2003)
Notes
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