B.A.R. Amendment of Voluntary Purview in Demo District [APPROVED 10/28/25]

TO AMEND SECTION 54-240 OF THE CODE OF THE CITY OF CHARLESTON (ZONING ORDINANCE) TO ALLOW BOARD OF ARCHITECTURAL REVIEW PURVIEW BY
CONSENT IN THE HISTORIC MATERIALS DEMOLITION DISTRICТ.

The presidents of North Central, Wagener Terrace, and Hampton Park Terrace worked together to draft the B.A.R. ordinance amendment below, which will provide for a VOLUNTARY purview in the Historic Materials Demolition District for properties 50 years or older south of Mt Pleasant St.

This amendment is intended to resolve situations in which a homeowner wants to make reasonable renovations and requires a demolition permit but is denied because the B.A.R. is not allowed to review or enforce proposed changes.

Historically, this was seen as a concession to properties north of Line St, but in modern practice, it has prevented homeowners from getting changes to their homes approved.

With this reform, homeowners will be allowed to VOLUNTARILY opt in to B.A.R. review for the proposed changes.

As a result, more reasonable changes can be made lawfully, AND the busy B.A.R. committees can spend less time in committee debating the relative merits of demo requests in a vacuum, since they’ll be able to actually review and have purview over what comes next should the homeowners voluntarily opt in to that review.

According to the amendment, if a homeowner opts into B.A.R. review and their plans are approved, they will not receive a certificate of occupancy upon completion unless the construction matches the approved plans. This prevents a “bait and switch” where a demo is approved and the actual demo is far more extreme, and/or something entirely different is built.

We believe that rule-following homeowners doing the right thing shouldn’t be penalized by bad actors. We have seen many reasonable requests come through our NCNA Design Review Committee—for example, a modest plan to turn an attic into a master bedroom so a growing family can stay in their home—only to later get denied by the B.A.R. in large part because those plans are not reviewable or enforceable.

This is a common-sense, community-driven reform supported by the Mayor, Councilman Mitchell, Councilman Gregorie, the B.A.R., city planning attorneys, the Preservation Society of Charleston (PSC), and the Historic Charleston Foundation (HCF). We appreciate everyone’s support!

FULL TEXT BELOW

BE IT ORDAINED BY THE MAYOR AND COUNCIL MEMBERS IN CITY COUNCIL
ASSEMBLED:

Section 1. Article 2, Part 6, Section 54-240(k) of Chapter 54 in the Code of the City of
Charleston Zoning Ordinance is hereby amended by adding thereto the following underlined
words, to state as follows:

“Sec. 54-240. Board of Architectural Review; powers and duties.

…
k. The Board of Architectural Review shall have the power to delay for a period of 180
days or deny outright the demolition, partial demolition or removal of a structure over 50
years old in the area referred to as “the Historic Materials Demolition District,” such area
being bounded to the north by Mount Pleasant Street or the extensions thereof into the
waters of the Ashley and Cooper Rivers, to the east by the waters of the Cooper River to the
south by the Old City District and to the west by the waters of the Ashley River. Applicants
may submit plans for proposed construction to be considered by the Board of Architectural
Review as part of the demolition request in the Historic Materials Demolition District only,
with such plans meeting the Board of Architectural Review conceptual approval submittal
requirements. If the Board of Architectural Review grants conceptual approval of the
proposed plans submitted as part of the demolition request, the Board of Architectural
Review retains jurisdiction to review, modify, and enforce said plans pursuant to section 54-
240(c)-(e) herein. No certificate of occupancy shall be issued until completion of such plans
has been certified by the City building inspector.”

Section 2. This ordinance shall become effective immediately upon ratification.

Ratified in City Council this day of
_ in the Year of Our Lord, 2025 in the
_ Year of the Independence of the
United States of America.

ATTEST:
By:
William S. Cogswell, Jr.
Mayor, City of Charleston
Jennifer Cook
Clerk of Council