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Charleston's proposed eight-guest rental cap has a carveout for bigger units

Already-permitted overlay units with more than four bedrooms could keep code-based occupancy. Commenters want the same protection for smaller rentals.

An eight-guest ceiling in Charleston's proposed short-term rental rewrite comes with a notable exception: already-permitted units in the rental overlay with more than four bedrooms could keep occupancy governed by a property-maintenance code instead. Units with four or fewer bedrooms would not qualify for that same protection.⁠[1]

The proposal appeared on the South Carolina city's Planning Commission agenda for Oct. 21, with staff recommending approval. The records reviewed for this report do not establish the commission's action that evening or any City Council enactment. This is an account of the draft, not an enacted change; City Council has the final say on ordinance amendments.⁠[1][2][3][4]

The changes would work differently for residential and commercial rentals. For residential rentals, the draft replaces a four-adult limit with an occupancy standard capped at eight guests total, with capacity determined by the Fire Marshal based on designated bedroom size. It retains the requirement that owners live on the property and stay overnight while guests are present. Newly converted commercial rentals in the overlay would also be limited to four bedrooms, with bedrooms restricted to spaces approved by the city Fire Marshal.⁠[1]

The exception in Section 4 would protect overlay units that have more than four bedrooms and hold a valid rental permit when the ordinance is ratified. Their occupancy would remain governed by the International Property Maintenance Code on subsequent renewals. That protection would end if a permit expires and is not renewed within 365 days.⁠[1]

The draft also extends the exception to overlay dwellings with a building permit already issued at ratification and short-term rental use disclosed on the building-permit application—but only if a commercial rental or bed-and-breakfast permit is issued within 12 months of ratification.⁠[1]

Written commenters challenged the bedroom-count dividing line. Sara Shrouds asked the city to remove it “so every home that holds a valid permit today is treated the same way.” Natalie Hedden, who wrote that she owns a legally permitted four-bedroom rental that sleeps 10 guests, sought the same change.⁠[5]

Another provision would prohibit advertising more than one rental or bed-and-breakfast unit in a single advertisement. In a separate written objection, Lee Hewett argued that separately permitted units do not become one larger unit simply because they are marketed together, and said the draft lacks clear protection or a transition for existing combined listings.⁠[1][5]

Sources

5 official sources cited in this report. The bracketed numbers in the text link here.

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