York County, SC Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Density bonus available
- Up to 20% more units
- Affordable unit threshold
- At least 20% of project units
- Rent ceiling
- 30% of household income at 80% AMI
- Affordability term
- 25 years from certificate of occupancy
- Monitoring
- Annual report to Zoning Administrator
Summary
York County's Zoning Code offers, but does not require, a density bonus for affordable housing. Under § 155.060(D), a multi-family developer who makes at least 20% of a project's units affordable can build up to 20% more dwelling units than the base zoning district's maximum density allows, with rent, income, and deed-restriction requirements attached.
(D) Density bonus for affordable housing. (1) Purpose. To promote a diversity of housing stock and encourage the provision of housing that is affordable to all economic levels of residents and meets the needs of the county's diversifying population, a density bonus is available for multi-family developments that meet the requirements of this division. (2) Density bonus. Where at least 20% of the total number of dwelling units in a multi-family development are affordable dwelling units, as defined in this division, the maximum density specified in Table 155.060-1: Residential Density in Base Zoning Districts may be increased by up to 20%.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-49: Supplement contains: Local legislation current through Ord. 3925, passed 6-16-25).
Full Breakdown
060-1 allows. To qualify, an affordable unit must be renter-occupied with a monthly gross rental rate, contract rent plus average tenant-paid utilities, that does not exceed 30% of the monthly household income for a household earning no more than 80% of the median family income for the Charlotte-Concord-Gastonia, NC-SC HUD Metro FMR Area, as HUD publishes annually. Rents also cannot exceed the per-bedroom limits in the South Carolina State Housing Finance and Development Authority's most recent Maximum Income and Gross Rent Limits publication for 80% of median income.
The affordability commitment is not a one-time filing: units must stay affordable under a recorded deed restriction for at least 25 years measured from the certificate of occupancy, the owner must submit the executed deed restriction to the Zoning Administrator before any building permit is issued for the development, and the owner must file an annual compliance report with the Zoning Administrator documenting that the units still meet the rent and income requirements for as long as the restriction runs.
Violations & Fines
There's no fine written into § 155.060(D) itself, since the density bonus is optional, but a developer who takes the extra 20% density and then lets a unit's rent exceed the affordability cap, or who fails to file the annual monitoring report, is out of compliance with the recorded deed restriction and § 155.060(D)(5). York County can enforce that failure under the chapter's general § 155.9999 penalty, a misdemeanor fine of up to $500 per day.
Frequently Asked Questions
How much extra density can a York County developer get for building affordable units?
What income level qualifies a rental as affordable under York County's density bonus?
How long must the affordable units stay affordable?
Sources & Official References
Other rules in York County
Compare York County to another location·View the South Carolina zoning overlays & bonuses overview
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