(A)   Purpose of district.  The intent of the district is to:
      (1)   To protect, preserve, and enhance the architecture of the Old Village;
      (2)   To promote the economic and general welfare of the residents of the Old Village and the town;
      (3)   To foster civic pride;
      (4)   To encourage harmonious growth and development within the Old Village Historic District; and
      (5)   To promote the use and preservation of the historic district for the education and welfare of the residents of the town.
   (B)   Definition of boundaries.
      (1)   The boundaries encompassed by the historic district zoning are described as: on the north beginning at the intersection of Whilden and Live Oak Streets and running generally southeasterly following the western side of Whilden Street, however, including the property on the east side of Whilden Street located at 440 Whilden Street know as St. Andrews Episcopal Church, and continuing on as Whilden Street becomes Royall Avenue to the common corporate municipal limit line of the town and the Town of Sullivan's Island, then running generally southwesterly to the town corporate municipal boundary line in Charleston Harbor, then generally northwesterly to a point at the centerline of the mouth of Shem Creek from the northern extended side property line of the residentially zoned lot at the foot of Haddrell Street, following the same generally southwesterly and extending east back to the intersection of Whilden and Live Oak Streets, including only the residentially zoned lots abutting Haddrell Street, Magwood Lane, Live Oak Street, and Church Street, saving and excepting therefrom the residential house lots on the south side of Shem Creek in the development known as The Boatyard. These boundaries are represented in the map exhibit below with the black colored outline.
      (2)   Partially within the boundaries of the locally designated historic district is a 30-block area listed on the National Register of Historic Places on March 30, 1973; the boundaries of which are as follows: on the north by Shem Creek; on the east by the western edge of Whilden Street and Royal Avenue (with the exception of the lot on the east side of the street containing the Mount Pleasant (St. Andrews) Episcopal Church); on the south by McCants Drive; and on the west by Charleston Harbor. These boundaries are represented in the map exhibit above with the red-colored hatch.
   (C)   Permitted uses.
      This is an "overlay" district.  As such, permitted uses are determined by the "underlying" or primary zoning classification in effect, subject to the additional requirements and standards of this section
   (D)   Prohibited uses.
      (1)   Short-term rental of any residentially- zoned parcel is prohibited. A short-term rental is: (a) the rental or lease of a residential dwelling unit for a duration of less than 30 consecutive days.
      (2)   No roofs or roofed structures shall be permitted on docks.
   (E)   Lot dimensional, frontage, coverage, yard and height requirements. Notwithstanding other provisions found elsewhere in this chapter, these requirements shall apply to all properties located within the OVHD.
      (1)   Minimum requirements. The minimum requirements described in the underlying zoning district, shall apply to all residential lots; except as otherwise expressly provided herein.
      (2)   Minimum lot frontage.  However, lots are required to have a minimum lot frontage on a public street of 60 feet.
      (3)   Impervious lot coverage. No more than 40% of the lot may be covered by impervious surfaces as defined in § 156.007. For lots containing  tidally influenced saltwater wetlands/marsh or open water beyond the delineated DHEC-OCRM critical line, impervious lot coverage shall be calculated using only the "high ground" of the lot and specifically excluding the wetlands/marsh or open water.
      (4)   Yard requirements.  For properties located within the Old Village Historic District, setback distances shall be determined during the Certificate of Appropriateness review process, with consideration of existing conditions and setbacks of adjacent lots. Consideration should be given to the established pattern on the block and adjacent lots with respect to the overall character of the streetscape and district.
      (5)   Accessory building limitations.
         (a)   The height of accessory structures, including accessory dwelling units, shall be limited to a maximum height of 20 feet and no more than one and one-half stories tall.
         (b)   Location of accessory structures.
            1.   Single-frontage and corner lots.  For parcels abutting one right-of-way or two rights-of-way intersecting one another, accessory structures shall be sited to the rear of the primary structure.
            2.   Double frontage lots.  For parcels abutting non-intersecting rights-of-way, accessory structures shall be sited to the interior of the parcels.  Exception: For parcels abutting wetlands/marsh and harbor, an accessory pool or spa may be placed in closer proximity to the wetland/marsh or harbor.
            3.   Historic designated accessory structures shall be considered conforming regardless of location on the lot.
            4.   The harbor, marsh, any street or alley shall be considered rights-of-way for the purposes of siting accessory buildings
   (F)   Additional development requirements.
      (1)   Construction on public property.
         (a)   The HDPC shall not approve any porches, steps, posts, fences, walks, or other appurtenances extending over, on, or within a public sidewalk, alleyway, or street right-of-way, unless the particular item is necessary for the authentic restoration or maintenance of the particular project; provided however, that the preceding shall not apply to on-street parking located in the public right-of-way, and unless such proposed items including the on-street parking, will not impede pedestrian or vehicular traffic or constitute a public safety hazard.
         (b)   Any restored or maintained on, over, or within a public sidewalk or public alley area under the authority hereof shall be the responsibility of the owner.
         (c)   The owner's restoration, reconstruction, or maintenance of any such item within such area shall constitute the owner's agreement to protect and hold the town harmless against any and all liability, cost, damage, or expense suffered or sustained by the town, as a result of, or growing out of, the restoration, reconstruction or maintenance.
      (2)   Maintenance and repair.
         (a)   Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, color, or outer appearance thereof.
         (b)   Nor shall it be construed to prevent the construction, reconstruction, alteration, restoration, or demolition of any such feature that the Building Official or similar official shall certify is required by the public safety because of an unsafe or dangerous condition.
      (3)   Building area ratio (BAR) requirement.
         (a)   New construction of residential dwellings, including additions and their accessory use buildings, shall be subject to a building area ratio (BAR).
         (b)   The BAR shall be calculated by ascertaining the total of number of square feet of building areas taken on a horizontal plane, specifically including any cantilevered areas, of the principal building and all accessory buildings (except those less than 144 square feet in area), exclusive of uncovered porches (decks), terraces, and steps. Building area in two-story rooms (i.e., cathedral ceilings) shall be counted twice. The building area in a crawl space shall not be counted. Garage area shall be counted, regardless of whether it is located underneath a house or in an accessory building.
         (c)   The BAR shall not comprise more than 50% of the lot size. However, a minimum house size of 2,500 square feet shall be allowed regardless of lot size, provided that 40% lot coverage is not exceeded. The maximum building area, including accessory structures, shall be 5,500 square feet regardless of lot size. For lots containing tidally influenced saltwater wetlands/marsh or open water beyond the delineated DHEC-OCRM critical line, BAR shall be calculated using only the "high ground" of the lots and specifically excluding the wetlands/ marsh or open water.
         (d)   At least 10% of the BAR must be comprised of porches.
         (e)   Exceptions.
            1.   The BAR shall not apply to garage space located under a house when the house is required to be elevated a minimum of eight feet above finished grade in order to comply with FEMA regulations.
            2.   The BAR shall not apply to basement space where a sub-grade basement can be accommodated without the use of fill.
            3.   The BAR shall not apply to alterations that do not change the massing of a structure. Examples include but are not limited to: finished space in an attic or under an elevated structure.
      (4)   Historic buildings. Historic buildings located on historic properties, as defined herein, may be considered conforming with respect to any height, setback, yard, area, or other dimension found by the HDPC to be of historic significance. In this regard, these existing conditions may supersede any conflicting standard set forth in the zoning district in which the building is located, and may be applied to the building and the site in making future determinations of conformity as to the existing building or any changes consistent with an approved Certificate of Appropriateness.
      (5)   Parking requirements. Notwithstanding other provisions found elsewhere in this chapter, these parking requirements shall apply to all residential use properties located within the OVHD.
         (a)   A minimum of two off-street parking spaces is required per residence.
         (b)   Additional spaces for homes over 2,500 square feet of BAR are required at the rate of one space per every 1,000 square feet, or portion thereof, of BAR over 2,5000 square feet of BAR.
         (c)   Required off-street parking shall be allowed to be parked in tandem and encroach within required yard requirements.
         (d)   On-street parking shall be limited to one improved space per residential lot subject to approvals from SCDOT, the town's Transportation Department, or the private easement/right-of-way owner and the HDPC.
(Ord. 06052, passed 6-21-06; Am. Ord. 06088, passed 1-9-07; Am. Ord. 08037, passed 7-8-08; Am. Ord. 10080, passed 1-11-11; Am. Ord. 12075, passed 11-13-12; Am. Ord. 13002, passed 2-12-13; Am. Ord. 13064, passed 11-12-13; Am. Ord. 14047, passed 8-12-14; Am. Ord. 17024, passed 4-13-17; Am. Ord. 17025, passed 6-13-17; Am. Ord. 19062, passed 11-13- 19; Am. Ord. 19080, passed 12-11-19)