Beaufort County, SC Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Zone eligible
- Regional Center Mixed Use (C5) only
- Density/lot-size limit
- Waived entirely as incentive
- Set-aside option 1
- 30% of units, 20-year deed restriction
- Set-aside option 2
- 20% of units, 25-year deed restriction
- Owner-occupied income cap
- 100% of AMI
- Rental income cap
- 80% of AMI
- Governing section
- CDC § 4.1.350(F)(c)
Summary
Beaufort County waives the maximum density and minimum lot size limits entirely for housing built under its affordable housing chapter in the Regional Center Mixed Use (C5) zone, once a developer commits 20 to 30 percent of units as deed-restricted affordable housing, under Community Development Code Section 4.1.350.
c.Density bonus. Housing developments or re-developments located within the Regional Center Mixed Use (CS) zone district may elect to development land in compliance with this chapter. As an incentive for development under this chapter, there shall be no maximum density or minimum lot size requirements.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 55 Update 1 | Community Development Code: Supplement 16).
Full Breakdown
350 is available only in the Regional Center Mixed Use (C5) zone district, where County Council found that zoning incentives can help meet the county's affordable housing needs. Any C5 development or redevelopment with residential units may elect, as a conditional use, to build under this chapter instead of the district's normal residential standards. A developer picks one of two set-aside tiers: 30 percent of the dwelling units, rounded up, restricted by deed as owner-occupied or rental affordable housing units for at least 20 years, or 20 percent of the units restricted for at least 25 years.
Owner-occupied units are capped at 100 percent of area median income (AMI) as published annually by HUD and adjusted by the Beaufort County Human Services Department; rental units are capped at 80 percent of AMI, with affordable rent set at no more than 30 percent of that 80-percent AMI figure. Affordable units must match the market-rate units in size and bedroom count and be integrated throughout the buildings rather than clustered. 350(F)(d) reduces impact fees in proportion to the number of affordable units, referencing the impact fee exemption in Beaufort County Code of Ordinances Section 82-32. All other C5 standards for height, area, setbacks, parking, and buffers still apply.
Violations & Fines
The density bonus is elective, so noncompliance shows up as a covenant violation rather than a permit denial: Section 4.1.350(G) requires the affordable units to be secured by a recorded Memorandum of Understanding and deed covenants filed with the Register of Deeds before a certificate of occupancy issues, and the Beaufort County Human Services Department can enforce those covenants by any legal or equitable means, including revocation of the certificate of occupancy, if a unit is later rented, sold, or converted outside the income and term restrictions.
Frequently Asked Questions
Where does Beaufort County's density bonus apply?
How many affordable units does a C5 project need for the bonus?
Do affordable units in Beaufort County get a break on impact fees?
Sources & Official References
Other rules in Beaufort County
Compare Beaufort County to another location·View the South Carolina zoning overlays & bonuses overview
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