3-1.1.

Words used in this Ordinance shall have their customary meanings except for specific words which shall be defined as follows.

3-1.2.

Words used in the present tense include the future tense; words used in the singular number include the plural and the singular; the word "person" includes a firm, company, partnership or corporation; the word "building" includes the word "structure"; the word "shall" is always mandatory; the word "used" or "occupied," as applied to any land or building, shall be constructed to include the words "intended, arranged, or designed to be used or occupied."

3-2.1.

ACCESSORY: As applied to a use or structure, means customarily and clearly subordinate or incidental, and on the same premises of such use or structure.

3-2.2.

ALLEY: A public or private thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

3-2.3.

ALTERATION OF BUILDING: Any change in the supporting members of a building, such as leaning walls, beams, columns, or girders, except such change as may be required for its safety; and in addition to a building; any change in use from that of one district classification to another; or of a building from one location to another.

3-2.4.

APARTMENT HOTEL: A building designed for and containing apartments and/or individual guest rooms or suites of rooms and apartments, and which may furnish services ordinarily furnished by hotels, such as drugstore, barber shop, newsstand, and restaurant.

3-2.5.

AUTOMOBILE FILLING STATION: A building or lot having pumps and storage tanks at which fuels, oils or accessories for the use of motor vehicles are dispersed, sold, or offered for sale at retail and where repair service is incidental.

3-2.6.

AUTOMOBILE REPAIR AND SERVICE STATION: A building, lot, or both, in or upon which the business of general motor vehicle repair and service is conducted, but excluding junk and/or auto wrecking business.

3-2.6.1.

BED AND BREAKFAST: An owner-occupied house or portion thereof, where short-term (no more than a week at a time) lodging rooms and meals are provided. No more than eight (8) guest rooms can be available for accommodations and breakfast service in such an establishment at any one time.

3-2.7.

BUILDING: Any structure, except a trailer, having a roof support by columns or by walls and which is designed for the shelter, support or enclosure of persons, animals, or property of any kind.

3-2.8.

BUILDING, ACCESSORY: A building subordinate or supplemental to the main building on a lot and used for purposes customarily incidental to that of a main or principal building and located on the same lot.

3-2.9.

BUILDING, PRINCIPAL: A building in which is conducted the main use of the lot on which said building is located.

3-2.10.

CLUB, LODGE, CIVIC OR FRATERNAL ORGANIZATION: An incorporated or unincorporated association for civic, social, cultural, religious, literary, political, recreational or like activities, but not including shooting clubs, operated for the benefit of its members and not open to the general public.

3-2.11.

COMMUNICATION TOWER: A tower of any size which supports communication (broadcasting or receiving) equipment utilized by commercial, governmental, or other public or quasi-public users. This does not include private home use of satellite dishes and television antennas, or amateur radio operators as licensed by the FCC.

3-2.12.

COURT: An open space which may or may not have direct street access and around which is arranged a single building or a group of related buildings.

3-2.13.

CUSTOMARY HOME OCCUPATION: An occupation, profession or trade customarily carried on by an occupant in a dwelling unit as a secondary use which is clearly incidental to the dwelling unit for residential purposes.

3-2.14.

DAY NURSERY: Any agency, institution, center, home, nursery, nursery school, kindergarten, play school, or other place, however styled and whether operated under public auspices, as a private business, or by an established religious denomination, in which are received for temporary custodial care apart from their parents, part of the day or all of the day or night, and upon any number of successive days, one (1) or more children not related to the persons providing such temporary custodial care.

3-2.15.

DRIVE-IN EATING AND DRINKING ESTABLISHMENT: Any eating or drinking establishment which, by its structural design, site characteristics or manner of food service encourages consumption of food or beverages in automobiles on the premises or upon public streets adjacent thereto.

3-2.16.

DWELLING: A building or portion thereof arranged and designed to provide living facilities for one (1) or more families.

3-2.17.

DWELLING UNIT: One (1) or more rooms designed as a unit to provide complete housekeeping facilities for one (1) day.

3-2.18.

SINGLE-FAMILY DWELLING: A detached building containing one (1) dwelling unit only.

3-2.19.

TWO-FAMILY DWELLING: A detached building containing two (2) dwelling units only.

3-2.20.

MULTI-FAMILY DWELLING: A detached building containing three (3) or more dwelling units.

3-2.21.

FAMILY: An individual, or two (2) or more persons related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit, or a group of not more than five (5) persons who need not be related by blood or marriage.

3-2.22.

FLOOR AREA, RESIDENTIAL: The gross horizontal areas of the several floors of a dwelling, exclusive of carport, garages, basement, storage areas with only outside access and open porches, measured from the exterior faces of the exterior walls of a building.

3-2.23.

GROUP COMMERCIAL OR INDUSTRIAL DEVELOPMENTS: A single lot containing more than one (1) building used for commercial or industrial purposes and all the structures thereon.

3-2.24.

GROUP HOUSING PROJECT: A single lot of record upon which is erected more than one (1) building containing dwelling units, and all the structures thereon; or a single lot upon which is erected a single structure designed to contain more than four (4) dwelling units on the first floor level thereof or designed to contain more than eight (8) dwelling units throughout; except that high rise apartments are not defined as group housing developments.

3-2.25.

HEIGHT OF BUILDING: The vertical distance measured from the mean finished ground level adjoining the building to the highest point of the roof, excluding spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housing, mechanical equipment or other such structures placed above the roof level and not intended for human occupancy.

(Ord. of 9-9-2007)

3-2.26.

HIGH RISE APARTMENT: Any building which contains not less than twenty (20) dwelling units and exceeds five (5) stories or fifty (50) feet in height.

3-2.27.

JUNK, SALVAGE, SCRAP, OR WRECKING YARDS: Any use involving storage or processing of inoperable, unused, dismantled, or wrecked vehicles, equipment, or machinery or the storage or processing of scrap metal, waste paper, rags, food processing wastes, construction wastes, industrial waste, secondhand building materials, or other scrap, salvage, waste, or junk materials.

3-2.27.5.

LIVE/WORK SPACE: A building or spaces within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.

3-2.28.

LOT OF RECORD: An area of land clearly defined by plat or by metes and bounds description recorded in the register of Mesne Conveyances of Lexington County, Saluda County or Aiken County.

3-2.29.

LOT FRONTAGE: The front of the interior lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided upon that basis. The phrase "street frontage" shall be interpreted to have the same meaning as the phrase "lot frontage."

3-2.30.

LOT, CORNER: A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the side lot lines to the foremost point of the lot (or an extension of the lot where it has been rounded by a street radius) meets at an interior angle of less than one hundred and thirty-five (135) degrees.

3-2.31.

LOT, INTERIOR: A lot other than a corner lot, with only one (1) frontage on a street.

3-2.32.

LOT, REVERSED FRONTAGE: A lot which is at right angles, or approximately right angles to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot or rarely, a through lot.

3-2.33.

LOT, THROUGH: A lot other than a corner lot with frontage on more than one (1) street other than an alley. Through lots with frontage on two (2) streets may be referred to as double frontage lots.

3-2.34.

LOT, WIDTH: The distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width; in the case of lots fronting on a cul-de-sac, the width between side lot lines at their foremost points shall not be less than thirty (30) feet.

3-2.35.

MANUFACTURED HOME: A transportable dwelling unit over fifty (50) feet in length and twelve (12) or more feet in width, designed without a permanent foundation, capable of supporting year-round occupancy, and which may be joined into one unit at the final site of occupancy. The house must be permanently attached to the ground once moved to its site of occupancy and all transportable features used to move the house to the site of occupancy must be removed.

3-2.36.

MOBILE HOME: A movable or portable unit fifty (50) feet or less in length and less than twelve (12) feet in width, constructed to be towed on its own chassis, designed without a permanent foundation, capable of supporting year-round occupancy, which may include one (1) or more components that can be retracted for towing purposes and subsequently expanded, or which may consists of two (2) or more unites separately towable but designed to be joined into one (1) integral unit. A mobile home may or may not be permanently attached to the ground and its transport features may or may not be removed.

3-2.37.

MOBILE HOME PARK: A lot used, designed, or intended to be used for the purpose of supplying parking space for one (1) or more occupied mobile homes and which includes buildings, structures, vehicles, or enclosures used or intended to be used as a part of such mobile home park. Sales or storage lots for unoccupied mobile homes are not considered to be mobile home parks.

3-2.38.

NONCONFORMING: A term applied to lots, structures, uses of land or structures, and characteristics of use of land or structures which were lawful before the passage of the amendment of this Ordinance, but which are prohibited by this Ordinance or which are not in compliance with the requirements of this Ordinance.

3-2.39.

PARK: An area or facility intended to be used for recreation, exercise, sports, or similar activities, or an area intended to enhance the enjoyment of natural features or natural beauty, but specifically excluding commercially operated amusement parks.

3-2.40.

PARKING SPACE, OFF-STREET: An area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street arranged so that no maneuvering incidental to parking shall be on any public street and so that an automobile may be parked or unparked therein without moving any other automobile.

3-2.41.

PRINCIPAL STRUCTURE: A structure (or building) having significant or primary uses and justifying its own utilization (such as a dwelling or office building) as contrasted to accessory structures which are incidental or subordinate to primary structures and do not alone justify their utilization (such as a tool shed or auto garage used in conjunction with a dwelling). Certain structures may be either principal or accessory depending on utilization, such as a parking garage as an accessory structure to a high rise apartment or as a principal structure when operated commercially in a business area.

3-2.42.

PRINCIPAL USE: The significant or primary activity carried out within a structure or upon land (such as retail sales within a store or occupancy of a dwelling unit as a residence) as contrasted to accessory uses which are incidental or subordinate to primary uses (such as sale of soft drinks at an automobile service station). Certain uses may be either principal or accessory, depending upon their relationship with other uses, as for example a newsstand as an accessory use within a hotel or as a principal use within a separate structure.

3-2.43.

PUBLIC DRINKING PLACE: An establishment engaged in the retail sale of drinks, such as beer, ale, wine, liquor and other alcoholic beverages for consumption on premises, and where the sale of food amounts to less than fifty (50) percent of the total receipts of such establishment.

3-2.44.

RESIDENCE: Same as "Dwelling Unit."

3-2.45.

ROOMING AND BOARDING HOUSES: Any dwelling, other than a hotel or motel, in which one or more persons who are not members of the owner's or operator's family are housed or lodged in rooms used or intended to be used for living and sleeping but not for cooking or eating purposes, for compensation, with or without meals being provided. Any dwelling in which such accommodations are offered in ten (10) or more rooms shall be considered to be a hotel or motel.

3-2.46.

SALVAGE YARD: Same as "Junk Yard."

3-2.47.

SCRAP YARD: Same as "Junk Yard."

3-2.48.

SETBACK LINE: The setback line is the same as the depth or width of any required yard. Note that such line defines the minimum distance between any structure and an adjacent lot boundary and is not necessarily the same as the building line, which is the distance between the actual structure and an adjacent lot boundary.

3-2.49.

SIGN: Any device designed to inform or attract the attention of persons not on the premises on which the device is located, with certain exceptions as enumerated in [Article] 9.

3-2.50.

SIGN, ADVERTISING: Any sign which relates in its subject matter to products, accommodations, services, or activities sold or offered elsewhere other than upon the premises on which such sign is located, and as further defined in [Article] 9.

3-2.51.

SIGN, BUSINESS: Any sign which relates in its subject matter to the premises on which it is located or to products, accommodations, services, or activities offered, sold, or engaged in on the premises, and as further defined in [Article] 9.

3-2.52.

SIGN, OTHER TERMS RELATED THERETO: Additional terms related to signs and the regulation thereof are defined in [Article] 9, including:

Display Surface Area.

Marquee.

Sign Copy.

Freestanding Sign.

Mobile Sign.

Portable Sign.

Projecting Sign.

Wall Sign.

3-2.53.

SOLAR COLLECTOR: A device, or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy and that contributes significantly to that structure's energy supply.

3-2.54.

SOLAR ENERGY: Radiant energy (direct, diffused, and reflected) received from the sun.

3-2.55.

SOLAR ENERGY SYSTEM: A complete design or assembly consisting of a solar energy collector, and energy storage facility (where used), and components for the distribution of transformed energy (to the extent that they cannot be used jointly with a conventional energy system). Passive solar energy systems are included in this definition but not to the extent that they fulfill other functions such as structural and recreational. Passive solar systems are those that use natural and architectural components to collect and store solar energy without using any external mechanical power.

3-2.56.

STREET: A public thoroughfare designed to provide the principal means of access to abutting property, or designed to serve as a roadway for vehicular travel, or both, but excluding alleys.

3-2.57.

STREET LINE: The dividing line between a lot, tract or parcel of land and a contiguous street right-of-way.

3-2.58.

STRUCTURE: Anything constructed or erected including signs, the use of which requires location on the ground, or attachment to something having location on the ground.

3-2.59.

TRAVEL OR CAMPING VEHICLE: A vehicular portable structure designed as a temporary dwelling for travel or recreational use, not exceeding thirty-five (35) feet in length.

3-2.60.

YARD: An open or unoccupied space on the same lot with a principal building and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.

3-2.61.

YARD, FRONT: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street or road and the front line of the building.

3-2.62.

YARD, REAR: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street or road and the front line of the lot and the rear line of the building.

3-2.63.

YARD, SIDE: An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the rear line of the lot and the rear line of the building.

(Ord. of 9-9-2002; Ord. of 9-9-2013)