We’ve gotten so many calls about this that I am going to attempt to explain the situation without expressing any opinion on HOW you should weigh in. But I am encouraging you TO weigh in to both Charleston County and the POA board. Tomorrow night (July 16), there is a community meeting of the Charleston County Zoning and Planning Department to answer questions and gather input on a proposed text amendment to the ZLDR. To register to attend virtually or in person click here.
How was Dewees Island zoned when this development was started in the 1990's?
Dewees Island was in a conservation easement and specified as a natural area. At that time, references to Dewees in the zoning table said,
What does the Zoning say now?
This was changed sometime between 2020 and 2022, and Dewees Island was added to a “use table” specifying uses for Dewees property. Let’s take a look at that table:
Since many of our current uses fall outside of that table, let’s look at the proposed amendment. The entire proposed text amendment is at the county’s site here.
What is the proposed text amendment from Charleston County?
The document begins by carving out an exception for Dewees and Goat Islands from the zoning table.
Sec 4.3.2 moves rules for Dewees and Capers to a new section, Art.5.16.
The Development standards specifically state that this doesn’t apply to Dewees and Goat, which is why I’ve marked them in blue
The provisions originally found on pages 2 and 3 are almost completely removed. The highlighted text here in green shows the strikeout of most of the restrictions placed on Huyler House. Where I have highlighted with blue, the text refers specifically to Goat Island and has also been proposed for deletion.
On page 4, the document refers us back to the current Dewees Island Covenants for permitted uses, and in Article 5.16, spells out what is allowed on Dewees. It says:
The uses listed below shall be the only uses allowed on Dewees Island. All uses included below are Uses Allowed by Right as defined in Chapter 12, Definitions, of this Ordinance. The Density/Intensity and Development requirements for such uses shall comply with the Dewees Island Architectural and Environmental Design Guidelines in effect at the time of development application submittal. Written documentation of the Dewees Island Architectural Review Board approval shall be submitted as part of each permit, approval, and development application.
The following uses are allowed by right on Dewees Island:
- All community, administrative, utility, and other structures or uses existing at the time of enactment of this amendment [DATE OF ADOPTION];
- Single-Family Detached Dwellings;
- Short-term rental use of Single-Family Detached Dwellings.
- For the purposes of this Section, short-term rental use shall mean rentals for intervals of 29 days or less, provided, however, no occupancy status or residency condition is required and provided further, the maximum number of days for a dwelling that may be so rented is 56 days in the aggregate per calendar year, not including short-term rentals between the dwelling owner and a Dewees Island property owner; and b.
- Each dwelling used as a short-term rental shall comply with the requirements of Art. 6.8, ShortTerm Rentals, as they apply for Limited Home Rentals with the exception of the occupancy status requirements, parking requirements, and maximum number of rental days as described above.
The green highlights on page 5 refer to specific stipulations on the rentals at the Huyler House and requirements for a business license and permitting for the guest house. This continues on page 6.
At the bottom of page 6 and onto page 7, there is now a list of proposed permitted activities, including
- Nature Exhibition, including but not limited to the use of the Landings Building for multiple purposes
- Major Utility Service and related operations limited to that owned and operated by Dewees Utility Corporation and/or its successors;
- Retail Sales limited to clothing or other goods offered for sale to Dewees Island owners or guests staying on the Island
- Administrative or Business Offices for the Dewees Island Property Owners Association and Dewees Utility Corporation
- Helicopter pad for emergency services
- Communications Tower
- Water Transportation
- Community Dock
- Dockage spaces for boats of owners staying on the island
- Solar Collectors
- Maintenance, repair, or other operational services for boats of owners or guests staying on the island
- Fire station, fire prevention and safety.
Pages 8-22 are the use table we went through in the top video: you will see that basically the only change suggested is to allow residential housing (changed from C for conditional) allowance.
Page 24 Clarifies the definitions of Single Family Detached Dwelling units. It looks to me like Dewees has been removed from this section because there is no reference to NRM districts, I think because it was spelled out on page 4. This page has information about the other areas.
Short Term Rentals
The final section, pages 25-28, establish rules about short term rentals for all of Charleston County. When it mentions Dewees, it refers back to page 4, Article 5.16. You can scroll back up there, but what it said is this:
Short-term rental use of Single-Family Detached Dwellings.
- a. For the purposes of this Section, short-term rental use shall mean rentals for intervals of 29 days or less, provided, however, no occupancy status or residency condition is required and provided further, the maximum number of days for a dwelling that may be so rented is 56 days in the aggregate per calendar year, not including short-term rentals between the dwelling owner and a Dewees Island property owner; and
- b. Each dwelling used as a short-term rental shall comply with the requirements of Art. 6.8, ShortTerm Rentals, as they apply for Limited Home Rentals with the exception of the occupancy status requirements, parking requirements, and maximum number of rental days as described above.
What NOW?
You need to read all these documents. You need to tell Charleston County how you feel about all of the proposed changes. It is not just about the right for self-rule or short term rentals. If you never want to see another STR but you would like us to keep the nature center and fire department, speak up. If you think Charleston County should not be restricting STRs on Dewees Island, speak up. If you suddenly think of something not addressed (can we seed oyster and clam beds if mariculture is restricted? can we propagate native plants to restore our ecosystem if agriculture is restricted? etc) speak up. You can talk to your board members but you should also talk to Charleston County.
The things we learned in kindergarten:
Seriously, be kind. To everyone, especially people you disagree with, island staff, board members, Charleston County zoning people. This is a heated, emotional issue, and we need to hear one another and work toward the solution that works best for the community and the environment. If you are carrying bags of resentment and feeling like “the other side” wasn’t playing by the rules, let it go. Calmly and kindly ask for what you want and work toward a compromise.
And if you haven’t read Charlie Macksey’s The Boy the Mole the Fox and the Horse, give it a look.
other disclaimers
I am writing this as a private citizen, and while I haven’t intended to endorse any position on this (other than “Be Kind) I am speaking for myself only. I am a member of the board and I am not speaking for the board. I am not an attorney, zoning official, etc., and I am not providing any professional advice of any kind. I am trying to muddle through it just like everyone else. If you buy the book I mentioned by using that link, I might earn a few cents because I am an amazon affiliate.
