Charleston's Short-Term Rental Permit Program requires owner-occupancy of the primary residence when an ADU is used as a short-term rental, but the Zoning Ordinance does not impose a general owner-occupancy condition on long-term rental of an ADU. Owner-occupancy is enforced via the STR permit affidavit and inspections. Long-term rental of an ADU as a separate household is allowed in permitted zones without an owner-residence affidavit, subject to standard SC landlord-tenant law (SC Code Title 27, Chapter 40).
Charleston's Short-Term Rental Permit Program, adopted in 2018 and codified in the Charleston Zoning Ordinance, imposes one of the most restrictive STR regimes in the country and is the principal source of owner-occupancy obligations for accessory dwellings. STRs are limited to specific zoning categories (notably the Cannonborough-Elliotborough area and limited residential/historic categories), and an STR permit requires the property to be the operator's primary legal residence with documentation such as a SC driver's license, voter registration, and homestead exemption. Where an ADU is rented short term, the host generally must reside on the same parcel. The Zoning Ordinance does not impose owner-occupancy as a precondition for long-term rental of an ADU; long-term rental is governed by the SC Residential Landlord and Tenant Act (SC Code Β§27-40). The ADU remains a single legal parcel with the primary residence and cannot be sold separately without a subdivision approval. HOAs and the BAR (in the Old & Historic District) may impose additional private or design conditions through covenants or design guidelines.
Misrepresenting owner-occupancy on a Short-Term Rental Permit application is grounds for permit revocation, fines, and disqualification under Title 54. Charleston Livability Court and Code Enforcement actively investigate STR complaints. Civil penalties are issued by Code Enforcement; confirm current fines with the Charleston Permit Center.
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See how Charleston's adu owner occupancy rules stack up against other locations.
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