Split Zoning and 657 King Street
On May 14, 2025, a project for a new five-story hotel with a sixth story penthouse at 657 King Street was presented to the Board of Architectural Review-Large (BAR-L) for conceptual approval.
HCF opposed the project because the parcel in question contains split zoning (Height District 4 along King Street and 6 stories on the interior of the lot). This split zoning is intentional to require buildings to have a more appropriate scale along King Street but then allow for an increase in height on the interior. See image below pulled from the City’s zoning map – the dotted black line marking the two height zones is very clear, and this condition runs along both King and Meeting Streets on this part of the peninsula.
In the image above, the blue outline is 657 King. The black dotted line is the height district boundary.
BAR-L is not tasked with zoning decisions. If there had been a question about how to interpret the zoning, this project should have been referred to the BZA for zoning review before it arrived at BAR. BAR staff requested a legal opinion to help guide their decision, and city legal staff referred BAR staff to this ordinance:
Sec. 54-103. Rules for determining zoning district boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:
a. Unless otherwise indicated, the district boundaries follow land lot lines; center lines of streets, highways, alleys or railroads; center lines of water courses or impoundments of streams, reservoirs, or other bodies of water.
b. Where so indicated, district boundaries are parallel to the center lines of streets, highways or railroads, or rights-of-way of same, or the center lines of streams, reservoirs, or other bodies of water, or said lines extended at such distance there from as indicated on the zoning map. If no distance is given, such distance shall be determined by the use of the scale shown on said zoning map.
c. Where a district boundary line on the zoning map divides a lot of record, the district requirements for the least restricted portion of such lot shall be deemed to apply to the whole thereof; provided that such extensions shall not include any part of such a lot more than 50 feet beyond the district boundary line.
d. In all disputes involving the interpretation of zone district boundaries, the Board of Zoning Appeals shall be the final judge.
(Ord. No. 1999-54, § 4, 4-27-99)
Note that conditions (a)-(d) are predicated on the condition of “uncertainty.” Uncertainty typically means that boundaries were not surveyed in modern times or that zoning does not follow lot lines along the border of the parcel because it predates more detailed GIS dimensions. These are exceptional cases. Split zoning is not exceptional.
There is no uncertainty as to the boundaries of the height districts.
According to BAR staff, the city’s legal department advised them to refer to section (c) for guidelines on how to treat 657 King Street, thereby allowing the least restrictive portion of the lot (i.e. 6 stories) to control the height for the entire parcel.
Again, the city’s advice was based on the assumption that uncertainty existed. We, and other legal minds, believe that no uncertainty exists in this case.
This case is important because split zoning is a common practice that allows developments to be context sensitive while creating some density. If split zoning now somehow means that the least restrictive portion controls across the entire parcel, this interpretation could be devastating for King Street, Meeting Street, and beyond.
Split zoning is an indispensable tool to ensure that new development is compatible with the historic fabric and public right-of-way along critical streets in Charleston. This ruling by city staff creates a dangerous precedent that could lead to eight-story new construction along King and Meeting Streets.
HCF is holding the line on the city’s height districts.
Historic Charleston Foundation (HCF) filed an appeal on June 13, 2025, of the City of Charleston Board of Architectural Review (BAR) action on May 14, 2025, approving the conceptual design of a new five and six-story hotel at 657 King Street. The appeal was filed in the ninth judicial circuit court and challenges the legality of allowing six stories on a section of the property zoned for only four stories.
HCF contends that the BAR’s erroneous interpretation of the ordinance at the May meeting would not only allow for two extra stories on portions of the property at 657 King Street along the street, but it would also set a dangerous precedent for many other split-zoned properties in the immediate vicinity.
“There was a lengthy analysis and planning process almost ten years ago that led to the creation of split zoning to maintain Charleston’s historic character,” says Winslow Hastie, Historic Charleston Foundation’s President & CEO, “and the BAR’s action on 657 King Street essentially flies in the face of the height ordinance that codified that work.”
Historic Charleston Foundation will continue to share updates on this issue via our website and social media channels.