The lawful use of any building or structure or land or off-premises advertising sign existing at the time of the enactment or subsequent amendment to this Ordinance may be continued (with the exception of those uses listed in Section 6-2) subject to the restrictions contained in this Ordinance even though such use does not conform with the provisions of this Ordinance except that the nonconforming structure or use shall not be:

6-1.1.

Changed to Another Nonconforming Use: A nonconforming use, structure or characteristic of use shall not be changed to any other nonconforming use, structure, or characteristic of use unless the Zoning Board of Appeal finds that the proposed use, structures, or characteristic of use is equally or more in character with the uses permitted in the district, in which case the Zoning Board of Appeal may permit such change by majority vote. In permitting such change, the Zoning Board of Appeal may require appropriate conditions and safe guards in accord with the purpose of this Ordinance;

6-1.2.

Torn down and rebuilt as non-conforming use;

6-1.3.

Extended or enlarged except in conformity with this Ordinance;

6-1.4.

Re-established after vacancy or discontinuance for one (1) year;

6-1.5.

Rebuilt, altered, or repaired, if damaged to an extent that these costs exceed seventy-five (75) percent of the fair market value of the structure. Fair market value will be determined from the tax records of Lexington, Saluda, or Aiken Counties; provided, however, this provision shall not apply to owner-occupied dwellings. Any and all repairs or alterations must be in conformity with this Ordinance; or

6-1.6.

Repaired or altered to an extent that the cost of repair or alteration, made in any twelve (12) consecutive months, exceeds 10% of the current replacement cost of the building. Work may be done on ordinary repairs, or on repair or replacement of non-load bearing walls, fixtures, wiring or plumbing, provided that the cubic content of the building, as it existed at the effective date of this Ordinance shall not be increased and that the cost and time limits set by this section are not exceeded.

(Ord. of 9-9-2002; Ord. of 5-8-2006)

The following non-conforming uses of land shall be discontinues or made to conform with the use provisions of this Ordinance within the following periods of time from the date of adoption of this ordinance or subsequent amendments affecting a non-conforming use.

6-2.1.

Non-conforming outdoor on-premises advertising signs — five years.

6-2.2.

A non-conforming use of land involving no buildings other than accessory buildings — two (2) years; and

6-2.3.

Display of merchandise for sale in required front yards — one (1) year.

(Ord. of 5-8-2006)

A temporary use permit may be issued by the Zoning Administrator for an appropriate period of time not to exceed twelve (12) month increments for non-conforming buildings, structures or uses incidental to building construction or land development or deemed to be beneficial, provided that the owner of such temporary non-conforming use agrees to remove the temporary nonconforming use upon expiration of the permit.

6-4.1.

Single Lots: Where the owner of a lot at the time of adoption of this Ordinance or his successor in title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this Ordinance, such lot may be used as a building site for a single-family residence in a district where residences are permitted.

6-4.2.

Adjoining Lots: If two or more adjoining lots with continuous frontage are in a continuous ownership at any time after the adoption of this Ordinance and such lots individually are too small to meet the yard, width and area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one ownership shall be subject to the requirements of this Ordinance.

6-5.1.

Designation of Zoning Classification:

(a)

When annexation is accomplished by ordinance, the Town Council, after receiving a recommendation from the Planning Commission, shall specify an interim zoning district classification or classifications to become effective upon the effective date of the annexation.

(b)

When annexation is accomplished by election or referendum, the annexed area shall be classified R-1, with such zoning district classification effective upon the effective date of the annexation.

6-5.2.

Amendment proceedings to be Initiated: Immediately after the effective date of such annexation the Zoning Administrator shall initiate zoning amendment proceedings as specified by Article 12 for purposes of establishing or confirming appropriate zoning classifications for such annexed area, and the public hearing therefor shall be scheduled to be held not more than sixty (60) days after the effective date of annexation, further provided that the proposal to be brought before such hearing may either be to retain all such annexed area in the classification or classifications originally designated to be effective upon annexation or to change all or part of such annexed area to classifications other than those originally designated.

Every building hereafter erected or structurally altered shall be on a lot which has access to a public street.

(Ord. of xx-xx-xxxx)

The general definition of "yards" set forth in Section 3-2.59 states that yards are unoccupied and unobstructed by a structure or portion of a structure from thirty (30) inches above the finished grade level of the ground upward. Structures are not defined to include minor landscaping features such as ornamental pools, bird baths, paved surfaces, walkways, flagpoles and mailboxes.

6-7.1.

Steps and open porches without roofs shall be allowed in any required yard.

6-7.2.

Screening walls and fences over thirty (30) inches in height that substantially impeded vision shall not be permitted in a required yard. However, screening walls and fences not over eight (8) feet in height are permitted outright in side and rear yards, provided no screening wall or fence in excess of six (6) feet is permitted within six (6) feet of a residential structure on adjacent property.

6-7.3.

Eaves, cornices, gutters, and other minor architectural features projecting less than eighteen (18) inches from the main portion of a building shall be allowed to project into any yard.

6-7.4.

In C-2 and I-1 districts, structures and devices incidental to servicing, and roofs over such structures and devices are permitted within required front yards, provided that they do not constitute a substantial impediment to visibility across such yards which would contribute to the creation of traffic hazards, and further provided that servicing operations in connection therewith can be conducted so as not to interfere with public use of adjacent sidewalks or public streets.

6-7.5.

No fence or wall shall be permitted in any required front yard which substantially impedes vision above a height of thirty (30) inches, except as provided for C-2 and I-1 districts in Section 6-7.4 above.

6-7.6.

Retaining walls in excess of thirty (30) inches in height may be permitted as a special exception in any yard; however, retaining walls that do not project more than thirty (30) inches above the grade level at the property lines of adjoining lots are permitted outright.

6-7.7.

Signs are permitted to encroach upon required yards in certain instances as set forth in [Article] 9 "Regulation of Signs."

6-7.8.

Screening between commercial or industrial uses and lots zoned residentially, as required by Section 6-13 of this Ordinance.

6-7.9.

Also permitted to project into required yards from a principal or accessory structure is apparatus needed for the operation of active and passive solar energy systems, including but not limited to overhangs, moveable insulating walls and roofs, detached solar collectors, reflectors and piping. Such solar energy system related projections shall not restrict vehicle driver or pedestrian visibility.

6-7.10.

Signs in Required Yards: See [Article] 9.

6-7.11.

Fence must be consistent with Lexington County Stormwater Management Ordinance, which is it can not cause flooding, erosion or noncompliance with water quality standards.

(Ord. of xx-xx-xxxx; Ord. of 9-10-2012)

In any residential district on any corner lot, no fence, sign or other structure, planting, or other obstruction to vision between two and one-half (2½) and ten (10) feet above the established street grades shall be erected or maintained within the line connecting points on the street lot line twenty (20) feet distant from the corner.

The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, electrical transmission towers, television towers, radio towers, conveyors, flag poles, chimneys, masts, aerials and similar structures. (For requirements relating to communication towers see section 6-18.)

The setback requirements of this Ordinance for dwellings shall not apply to any lot where the average existing setback line on lots located wholly or in part within one hundred (100) feet on each side of such lot, within the same block and zoning district and fronting on the same side of the street or road as such lot is less than the minimum setback required. In such cases the setback on such lots may be less than the required setback, but not less than the average setbacks on the aforementioned lots, and in no case less than ten (10) feet from the street or road right-of-way.

The minimum yard requirements set forth in this ordinance shall not be construed as prohibiting the conversion of an existing building which does not meet said yard requirements to another permitted use, so long as no further encroachment is made into the existing yards.

Accessory structures and accessory uses shall not be permitted in the side and rear-yard setbacks for a distance of four (4) feet from the property line for residential districts. Dumpsters or other garbage and trash disposal facilities shall not be permitted in the side and rear-yard setbacks for a distance of ten (10) feet from the property line.

(Ord. of 10-5-1998)

When the rear or side lot line of a lot used for commercial or industrial purposes adjoins the rear or side lot line of a lot used for residential purposes, a visual screen or buffer shall be provided at the rear or side lot used for commercial purposes. This buffer may consist of vegetative screening designed to be at least four (4) feet deep and five (5) feet tall or a solid wall at least five (5) feet tall, or an equivalent buffer as authorized by the zoning administrator.

6-14.1.

Street Frontage: No principal building shall be erected on any lot which does not have immediate frontage on at least one (1) public street or road for a distance of not less than twenty (20) feet.

6-14.2.

Corner Lots: Minimum side yards for corner lots in residential districts shall meet the minimum front yard requirements on the sides adjacent to a street.

6-14.3.

Double Frontage Lots: On each double-frontage lot, front yard requirements, as stated in [Section] 6-11, shall be observed for principal and/or accessory buildings on each street.

(Ord. of 9-9-2002)

The area of the lot, which when viewed directly from above, would be covered by all principal accessory buildings and structures. A portion of the principal of accessory building, or any terrace, balcony, breezeway, porch or portions thereof, or any solar collection device or related apparatus, not included as floor area of the building, by definition shall not be included in computing lot coverage.

Off-street automobile parking and storage space shall be provided on every lot on which any of the uses mentioned in this section are hereafter established. Such automobile parking or storage space shall be provided with vehicular access to a street or alley and shall be equal in area to at least the minimum requirements for the specific uses as set forth below. Each automobile parking space, along with its necessary maneuvering space, shall be in accordance with the requirements shown on Page 20-A. If the required automobile parking or storage space cannot be provided on the same lot on which the principal use is located, the Zoning Board of Appeal may permit such space to be provided on other off-street property provided such space is within five hundred (500) feet of such principal use. Such spaces shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. All off-street automobile parking and storage space except for single two-family residential uses shall be so arranged that vehicles will not be required to back onto a public street, road, or highway when leaving the premises. Off-street automobile parking and storage spaces shall be equal in number to at least the minimum requirements for the specific uses set forth below:

6-16.1.

Auto Sales and Repair: One (1) space for each two hundred and fifty (250) square feet of auto repair or maintenance space;

6-16.2.

Churches, Synagogues, or Other Places of Worship: One (1) space for each four (4) seats in the main assembly room or sanctuary;

6-16.3.

Filling Stations: Automobile service stations providing vehicle fuel, oil and service, three (3) spaces for each grease rack or similar facility, plus (1) space for each employee on the shift with the highest employment;

6-16.4.

Hospitals, Nursing Homes, Sanitariums, or Similar Institutions: One (1) space for each two (2) beds intended for patients, not including bassinets, plus one (1) space for each three (3) employees on the shift with highest employment;

6-16.5.

Industries; One (1) space for each three (3) employees on the shift with highest employment;

6-16.6.

Mortuaries or Funeral Parlors: One (1) space for each four (4) seats in the chapel, one (1) additional space for each two (2) employees, one (1) additional space for each resident family, and one (1) additional space for each funeral vehicle;

6-16.7.

Motels, Hotels, Tourist Homes, Rooming and Boarding Houses: One (1) space for each room to be let, plus one (1) space for each two (2) employees on the shift with highest employment;

6-16.8.

Offices, Including Banks: One (1) space for each three hundred (300) square feet of gross floor area;

6-16.9.

Places of Public Assembly, Fraternal Organizations: One (1) space for each four (4) seats of maximum seating capacity in the main assembly room;

6-16.10.

Restaurants or Similar Eating Establishments: One (1) space for each four (4) seats provided for patron use and one (1) additional space for each two (2) employees on the shift with highest employment;

6-16.11.

Residences: Single-family, duplex, and multi-family: Two (2) spaces for each dwelling unit;

6-16.12.

Retail and Service Businesses: One (1) space for each three hundred (300) square feet of gross sales floor area;

6-16.13.

Schools, Public and Private: One (1) space for each four (4) seats in the main auditorium or assembly room;

6-16.14.

Shopping Centers: One (1) space for each two-hundred and fifty (250) square feet of gross floor area;

6-16.15.

Wholesaling and Warehousing: One (1) space for each three (3) employees on the shift with the highest employment.

(Ord. of xx-xx-xxxx)

Every building or structure used for business, trade or industry shall provide space as indicated herein for the loading and unloading of vehicles off a street or public alley. Such space shall have access to an alley or to a street. Such space shall be so arranged that no vehicle is required to back onto a public street, road or highway in order to leave the premises.

6-17.1.

Retail Business and Service: One (1) space ten (10) feet by twenty-five (25) feet for each twenty thousand (20,000) square feet of total floor area or fraction thereof;

6-17.2.

Wholesale and Industry: One (1) space ten (10) feet by fifty (50) feet for each ten thousand (10,000) square feet of floor area plus one (1) additional space for each sixty thousand (60,000) additional square feet of total floor area or fraction thereof;

6-17.3.

Bus and Truck Terminals: Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loading or unloading at the terminal at any one time.

Communication towers are permitted in those districts where utility substations are listed as a permitted principal use or special exception.

6-18.1.

At the time of the zoning permit application for a free standing tower, satisfactory evidence shall be submitted that alternative towers, buildings, or other structures do not exist within the applicant's tower site search area that are structurally capable of supporting the intended antenna or meeting the applicant's necessary height criteria, or provide a location free of interference from other communication towers.

6-18.2.

Communications towers shall have a maximum height of 300 feet, except that for towers on buildings, the maximum height shall be 20 feet above the roofline of buildings 40 feet or less in height, and 40 feet above the roofline of buildings 50 feet in height or greater.

6-18.3.

The minimum setback from any residential zoning district shall be as follows:

(a)

For communication towers one hundred fifty (150) feet in height or less, the setback shall be one foot per one foot of tower height, as measured from the base of the tower.

(b)

For communication towers greater than one hundred fifty (150) feet in height, the setback shall be one foot per one foot of tower height, as measured from the base of the tower.

6-18.4.

The location of communication towers within residential zoning districts shall be such that any tower cannot be less than 1000 feet from any other communication tower, unless on the same property.

6-18.5.

Landscaping and fencing shall be provided such that:

(a)

An eight (8) foot high fence shall be provided around the tower and any associated buildings.

(b)

Around the base of the tower, outside of the fencing, at least one row of evergreen shrubs capable of forming a continuous hedge at least five feet in height shall be provided, with individual plantings spaced not more than five feet apart.

6-18.6.

Towers shall be illuminated only to the extent required by applicable federal or state statute or regulation.

6-18.7.

Advertising signage is not permitted.

6-18.8.

A tower that is no longer used for communication purposes must be removed within 120 days of the date it is taken out of service.

6-18.9.

A zoning permit is required to be issued prior to the beginning of any site work or tower construction.

(Ord. of xx-xx-xxxx)