Charleston, SC Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Base density
- 26.4 dwelling units/highland acre, § 54-299.29
- Base height
- 4 stories, § 54-299.30
- Max bonus tier
- 12+ stories at 12+ incentive points
- Total points available
- 29 points across 7 categories, Table 1
- Workforce housing trigger
- 10% of units if bonus used, § 54-299.32(i)
- Applies in
- Upper Peninsula District only
Summary
In Charleston's Upper Peninsula District, base density is capped at 26.4 dwelling units per highland acre and four stories. Owners can build up to twelve stories or more, with density unregulated above four stories, by earning incentive points for stormwater management, green roofs, green building certification, mobility, renewable energy, public space and workforce housing.
Density shall be limited to 26.4 dwelling units per highland acre, subject to density bonuses acquired through the use of incentive options as hereinafter set forth... There is no minimum building height. The maximum height of a building or structure shall be four (4) stories, subject to height bonuses acquired through the use of incentive options as hereinafter set forth... Table 2: Building Height and Density Bonuses: four (4) stories, 26.4 dwelling units per highland acre, zero (0) points; five (5) stories, not regulated, five (5) points; ... twelve (12) stories, not regulated, twelve (12) or more points.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 114 | Zoning: Supplement 25).
Full Breakdown
Sec. 4 dwelling units per highland acre, and Sec. 30 caps base building height at four stories, both subject to bonuses earned through Sec. 32's incentive options. 4-unit density cap, while five stories requires five points, six stories six points, and so on up through twelve or more stories at twelve or more points; at five stories and above, density is 'not regulated,' meaning the unit count is no longer capped once the height bonus is earned. Table 1: Incentive Options lists seven point-earning categories capped at a combined 29 available points: stormwater management (2 points), vegetated green roofs (2 points), building certification programs such as LEED Platinum (8 points), mobility and transportation including EV charging (up to 2 points plus a Mobility Improvement Fund contribution), renewable energy systems (2 points), quality outdoor public space (up to 4 points) and workforce housing (up to 9 points).
Any building using a height bonus above four stories, or a density bonus, that includes residential use must also provide workforce housing equal to at least 10 percent of its residential units for households at or below 120 percent of area median income. A certificate of occupancy will not issue until all committed incentive options are verified by documentation and field inspection, and every point redeemed can be used only once.
Violations & Fines
Occupying a building above the four-story, 26.4-unit-per-acre base without earning and maintaining the required incentive points violates Sec. 54-299.32(a) through (h). The Zoning Administrator will not issue a certificate of occupancy until the shortfall is corrected with substitute incentive options, and unpermitted construction beyond the earned bonus is enforceable as a misdemeanor under Sec. 54-950, with each day of noncompliance a separate offense.
Frequently Asked Questions
How does a developer earn a density bonus in Charleston's Upper Peninsula District?
What is the base density without any bonus in the Upper Peninsula District?
Is the Upper Peninsula density bonus available citywide?
Sources & Official References
Other rules in Charleston
Compare Charleston to another location·View the South Carolina zoning overlays & bonuses overview
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