- DEFINITIONS
Words not defined in this appendix shall have the meanings stated in the standard building code, standard plumbing code, standard gas code, or standard fire prevention code. Words not defined in the standard codes shall have the meanings in Webster's New Collegiate Dictionary, as revised.
Words defined in the Lexington County Land Development Manual (LDM) and other applicable Lexington and Richland County regulations and ordinances shall apply specifically to those documents and do not necessarily apply to this appendix. Refer to definitions within pertinent articles and sections of this appendix if a specific definition is not found within this article.
(1)
Words in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.
(2)
The words "must" and "shall" are always mandatory.
(3)
The word "may" is permissive.
(4)
The word "lot" includes the words "parcel," "plot," "property," or "tract."
(5)
The word "person" includes a firm, association, organization, partnership, trust company, or corporation, as well as an individual.
(6)
The word "used" or "occupied" as applied to any land or building shall be construed to imply that said land or building is in actual use or occupancy and shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." An intended project shall be defined as one where substantial monies have been spent towards the goal of the project.
(7)
The term "zoning map" shall mean the official zoning map for the town.
(8)
The term "town" refers to the Town of Irmo.
(9)
The term "county" refers to Lexington County or Richland County, as applicable.
(10)
The term "council," "mayor and council," or "town council" shall mean the legally elected governing body of the town.
(11)
The term "planning commission" refers the planning commission for the town.
(12)
The term "planning official" means the person charged with the administration of this appendix subject to the provisions of the South Carolina Home Rule Act. Planning official means town administrator or other town employee, consultant, or contractor designated by the town administrator to administer assigned duties in the administration of this appendix.
(13)
The term "zoning administrator" officially refers to the town administrator, who has been designated the zoning administrator in the town administrator job description. However, for the purposes of this Code and this appendix, the term zoning administrator is interchangeable with the term planning official and is defined as the town administrator or other town employee, consultant, or contractor designated by the town administrator assigned duties in the administration of this appendix.
(14)
The term "board of zoning appeals" refers to the board of zoning appeals for the town.
(15)
The term "land development manual" refers to the Lexington County Land Development Manual.
(Ord. No. 25-03, 4-15-2025)
Adult uses, for purposes of this appendix, shall mean and include the following:
(1)
Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
(2)
Adult bookstore or adult video store. A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
a.
Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, or video reproductions, slides or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas"; or
b.
Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as: one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."
(3)
Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment that regularly features:
a.
Persons who appear in a state of nudity; or
b.
Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
c.
Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the description of "specified sexual activities" or "specified anatomical areas."
(4)
Adult motel. A hotel, motel, or similar commercial establishment that:
a.
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions; or
b.
Offers a sleeping room for rent for a period of time that is less than ten hours; or
c.
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
(5)
Adult motion picture theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(6)
Adult theater. A theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(7)
Sexual encounter center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
a.
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
b.
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
Animal shelter, domestic means a pen, shelter, or structure where no more than three dogs or small domestic animals, not to include horses, cows, goats, swine (including potbellied pigs), sheep, ponies, grazing animals and fowl of any kind, are boarded or kept.
Best management practices (stormwater) means schedules of activities, prohibitions of practices, maintenance procedures, other management practices, as well as structural controls to prevent or reduce the pollution of waters of the United States. Best management practices (BMPs) also include treatment requirements, operating procedures, and practices to prevent erosion; control runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.
Buildable area means that portion of any lot that may be used or built upon in accordance with the regulations governing the zoning district within which the lot is located when the front, side, and rear yard, open space, and applicable buffer area requirements have been met.
Building means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons or property.
Building, accessory means a subordinate structure on the same lot and detached from the principal or main building or use occupied or devoted to a use incidental to the principal use. Included in this definition are private garages, storage sheds, workshops, domestic animal shelters, pool houses, etc., when detached from the principal building, and carports attached to the principal building when at least 75 percent open or unenclosed.
Building, principal means a building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.
Caliper means the diameter of a trunk of a nursery-grown tree or immature tree to be transplanted, measured at six inches above the top of the root mass.
Canopy tree means a deciduous tree that forms the top layer of vegetation in a forest. Examples of such trees include oaks, hickories, maples, and poplars.
Child care services means child care services shall mean and include any home, center, agency, or place, however styled, where children not related to the operator are received for custodial care, apart from their parents, whether for compensation, reward, or otherwise during part or all of the day or night and upon any number of successive days or nights.
Club, private means an organization catering exclusively to members and their guests including buildings and grounds with commercial activities serving the membership only.
Clustering, cluster development means clustering is a subdivision and group development design method that concentrates development in specific areas on the proposed site. The purpose of clustering is to allow increased density on a portion of the parcel, while preserving the rest as permanent open space. Cross-reference conservation design.
Code enforcement officer means the person(s) designated by the town council to enforce town codes and regulations which include zoning and land development regulations.
Common open space means common open space is land and/or water bodies used for recreation, amenity, or buffer; it shall be freely accessible to all residents and property owners of a development, where required by this appendix. Open space shall not be occupied by buildings or structures other than those in conjunction with the use of the open space, including associated roads or parking, nor shall it include the yards or lots of residential dwelling units required to meet minimum lot area or parking area requirements.
Conditional use means a use of land or structure which is permitted in a district under conditions specified in this appendix.
Condominium means a unit in a multi-unit structure owned by an individual who has use of all common areas associated with that structure.
Conservation design means a type of residential and/or commercial development where 60 percent or more of the developable land area is designated as undivided permanent open space, thereby permanently protecting agriculturally, environmentally, or ecologically significant areas within the parcel. The remaining developable land is subdivided into buildable lots or utilized as a group development, typically with more density in the developed portion of the project than would be found in a traditional development within a general zoning district. Conservation design projects can be accomplished through mixed-use development zoning.
Density means the number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this appendix are expressed in dwelling units per net acre; that is, per acre of land devoted to residential use and common open space exclusive of land utilized for streets, alleys, parks, playgrounds, school grounds, or other public uses.
Developer means an individual, partnership or corporation (or agent therefor) that undertakes the activities covered by the regulations of this appendix.
Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
Development, group means a development of a single tract of land or adjacent tracts of land under the same ownership or control. Group developments include commercial, retail, industrial, institutional, multi-family residential, recreational camps, and manufactured home parks. A group development may consist of a single-use, single-occupant building or a multi-use, multi-occupant complex. Examples are shopping centers and malls, a single commercial business, office parks, industrial parks, apartment buildings and complexes, and "big box" retail.
DBH (diameter at breast height) means the diameter of the tree trunk at breast height, measured four and one half feet above the ground.
Drainage means the removal of surface water or groundwater from land by drains, grading, or other means.
Drainage facility means the system through which water flows from the land, including all watercourses, water bodies, and wetlands.
Drainage system means the system through which water flows from the land, including all watercourses, water bodies, and wetlands.
Driveway means a paved or unpaved area used for ingress or egress of vehicles, allows access from a street to a building, lot, structure, or facility, and that provides access to no more than two parcels of land. Access to multiple group developments is excluded from the two-parcel restriction. Cross-reference street.
Dwelling means a building or portion of a building arranged or designed exclusively for human habitation.
Dwelling, apartment. See dwelling, multi-family.
Dwelling, attached means a dwelling unit attached to one or more other dwelling units by common vertical walls.
Dwelling, detached means a single dwelling unit, other than a mobile home, surrounded by open space or yards and that is not attached to any other dwelling by any means.
Dwelling, duplex means a building containing two dwelling units on one lot.
Dwelling, group occupied means a dwelling unit occupied by five or more individuals unrelated by blood, marriage, adoption, or guardianship living together as a single housekeeping unit.
Dwelling, manufactured home means a factory-built home built after the enactment of and bearing a label of compliance with the Federal Manufactured Home Construction and Safety Standards Act, effective June 15, 1976 (HUD Code).
Dwelling, mobile home means a factory-built home built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act, effective June 15, 1976.
Dwelling, multi-family means a building containing five or more dwelling units.
Dwelling, quadruplex means a building containing four dwelling units.
Dwelling, single-family means a building containing one dwelling unit.
Dwelling, townhouse means two or more attached dwelling units on separate lots which may or may not have a common roof and are separated from each other by common vertical walls.
Dwelling, triplex means a single building containing three dwelling units.
Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Easement means a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures. Access easements providing vehicular access to no more than two parcels of land, or access easements to multiple parcel group developments, shall be classified as driveways for the purpose of this appendix. Access easements providing vehicular access to more than two parcels of land shall be classified as streets.
Escrow means a deed, bond, money, or piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.
Evergreen tree means a coniferous or deciduous tree that remains green throughout the year.
Factory-built housing means a three-dimensional, transportable, factory-built structure designed for long term residential use. Such housing includes manufactured, mobile, and modular homes.
Façade means the front face of a building given special architectural treatment.
Family means one or more persons related by blood, marriage, adoption, or guardianship, and not more than four persons not so related, except that nine mentally or physically handicapped persons for whom care is provided on a 24-hour basis shall be construed to be a family, in accordance with the provisions of S.C. Code 1976, § 6-7-830, including approval or licensing of the home in which they are located by a state agency for that purpose.
Family day care home means a facility within a residence in which the operator (caregiver) resides where child daycare is regularly provided for no more than six children who are unattended by their parent or legal guardian, including those children living in the home, and children who are related to the resident operator (caregiver).
Farmers market means an occasional or periodic market held in an open area or in a structure and where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages.
Federal Manufactured Home Construction and Safety Standards means the regulations promulgated by the Department of Housing and Urban Development (HUD) governing the design and construction, strength and durability, transportability, fire resistance, energy efficiency, and quality of manufactured housing. These standards also set performance requirements for heating, plumbing, air conditioning, thermal, and electrical systems.
Flag means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
Floor means the top surface of an enclosed area in a building (including basement); i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. Term does not include floor of a garage used solely for parking vehicles.
Floor area means the sum of the floor area for each of a building's stories measured from the exterior limits of the faces of the structure, including basement floor area. It does not include unenclosed porches or any floor space in an accessory building or in the principal building which is designed for parking of motor vehicles.
Floor area ratio means an intensity measure of land use derived by dividing the total floor area of a building by the total site area.
Frontage, street (road) means the length of the property line adjacent to a public street or approved private street right-of-way line. For lots with multiple frontages, the principal street frontage shall be the same as that to which the building is oriented.
Garage, private. As defined by the standard building code.
Garage, public. As defined by the standard building code.
Garden, urban means a lot, or any portion thereof, managed and maintained by a person or group of persons for non-commercial growing and harvesting, farming, community gardening, or any other use that contributes to the production of agricultural, floricultural, or horticultural products for beautification, education, recreation, community use, consumption, off-site sale, or off-site donation.
Group development. See development, group.
Gutter means a shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off water.
Habitable dwelling means a dwelling meeting the minimum habitability requirements of this appendix and other applicable regulations.
Hardscape means man-made landscaping features.
Height means the vertical distance of a structure or vegetation measured from the average grade elevation within 20 feet of the structure to the highest point of the structure.
Home occupation means any occupation within the principle residence, clearly incidental thereto, carried on by a member or members of the family residing in the principal residence.
Impervious surface means impervious surfaces are those that do not absorb water. Unless otherwise certified as made of pervious material, all buildings, paved parking areas, driveways, roads, sidewalks, and any areas in concrete or asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the planning official to be impervious within the meaning of this definition also will be classified as impervious surfaces.
Impervious surface ratio means the impervious surface ratio is a measure of the intensity of land use. It is determined by dividing the total area of all impervious surfaces within the site by the total site area.
Improvement means any man-made immovable item that becomes part of, placed upon, or is affixed to real estate.
Institutional uses means uses which are supportive of the residential community. They provide indoor space for recreation, hobbies, meetings, education, day care, head start services, and worship, as well as cultural facilities and group quarters for religious groups and the infirm or elderly. While some uses may be operated for private profit, they duplicate services that are generally provided by public or non-profit groups.
Intersection sight distance (ISD) means the sight distance required within the corners of intersections to safely allow a variety of vehicular access or crossing maneuvers based on the type of traffic control at the intersection.
Junk, scrap, or salvage means any materials consisting of waste, discarded, or salvage matter that are bought, sold, exchanged, stored, baled, packed, or disassembled for profit, trade, or hire, and shall include any vehicle damaged so as not to comply with state or federal safety regulations, incapable of self-propulsion, or partially dismantled, if retained on the premises for more than 72 hours whether for repair or not. The term "junk" shall also mean, but is not limited to, old or scrap copper, brass, aluminum, rope, rags, paper, trash, tire carcasses, rubber debris, old vehicle parts, non-working major appliances, and other old ferrous or non-ferrous material.
Junk, scrap, or salvage yard means any premises where salvage, scrap, or junk as defined herein is found and has been permitted to remain with the consent of the owner, lessee, or person(s) responsible for maintenance of such premises.
Land development means the changing of land characteristics through redevelopment, construction, subdivision into parcels, condominium complexes, commercial parks, shopping centers, industrial parks, mobile home parks, and similar developments for sale, lease, or any combination of owner and rental characteristics.
Lot means a parcel of land considered as a unit. The terms lot, property, plot, parcel, or tract, whenever used in this appendix, are interchangeable.
Lot area means the area contained within the boundary line of a lot.
Lot, corner means a lot located at the intersection of two or more streets.
Lot depth means the horizontal distance between front and rear lot lines.
Lot, double frontage means a lot which has frontage on more than one street.
Lot, interior means a lot, other than a corner lot, which has frontage on only one street other than an alley.
Lot line means a line bounding a lot which divides one lot from another or from a street or any other public or private space.
Lot of record means a lot that is recorded by plat or deed with the Lexington County or Richland County register of deeds.
Lot width means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
Mini-warehouse means a building or group of buildings in a controlled-access and fenced compound that contains individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of customers' goods or wares.
Mixed-use residential structure means a structure featuring both commercial and residential uses. Typically consisting of a first-floor commercial use such as an office, restaurant, or retail shop with second and higher floors dedicated to residential uses.
Mobile food services (vendors, food trucks). Mobile food services prepare and serve meals and snacks for immediate consumption from motorized vehicles or non-motorized carts. Mobile food services include hotdog carts and ice cream trucks.
Mobile or manufactured home park means a lot or parcel with space, improvements, and utilities for the long-term parking of two or more mobile or manufactured homes, which may include services and facilities for the residents.
Mobile or manufactured home park space means a plot or ground within a mobile or manufactured home park designed for the accommodation of one unit.
Modular building unit or modular structure means any building of closed construction, regardless of type of construction or occupancy classification, other than a mobile or manufactured home, constructed off-site in accordance with the applicable codes, and transported to the point of use for installation or erection. When meeting the requirements of the Modular Building's Construction Act (S.C. Code 1976, § 23-43-10), said building unit or structure may be located in any of the town's several zoning districts, except no residential uses are allowed in LM (light manufacturing) zoning districts.
Nonconformity. A nonconformity is any lot of record, use, building, structure, or vegetation in existence prior to the effective date of the ordinance from which this appendix derived, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of this appendix.
Non-residential use means a principal use of land for other than residential purposes; i.e. commercial, industrial, institutional.
Open space. See common open space.
Open space ratio means the open space ratio is a measure of the intensity of land use. It is arrived at by dividing the total amount of open space within the site by the total site area.
Parcel means a land area bounded by property lines that is recognized as such by the respective county assessor's office.
Park means a public facility open for recreation, with commercial activities for recreational uses only, open space, or public garden.
Phased development plan means a site plan showing the proposed final development of the site in phases, including initial and interim phases. A written statement describing each phase, including the proposed uses, and approximate timeline for each phase of development shall be provided.
Plat means a map or drawing upon which the developer's plan of a subdivision or land development is presented for approval.
Plat, final means the final map of all or a portion of a development or subdivision that is presented for final approval for recording.
Premises means a lot, plot, or parcel of land including the buildings or structures thereon, under control by the same owner or operator, together with all adjacent land.
Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.
Riparian buffers or buffer zones means corridors of vegetation along rivers, streams, and waterways. Riparian areas form the transition between aquatic and terrestrial environments.
Shipping (cargo, freight) container means a rectangular, prefabricated metal structure, designed for stacking, storage, and transfer of goods and commodities by ship, train, and/or container chassis trucks.
Sight distance. See intersection sight distance.
Sign means any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Flags are not signs.
Sign, abandoned means a sign structure not containing a sign for 120 continuous days, sign not in use for 120 continuous days, or sign advertising a business no longer occupying the site on which the sign exists or to which it refers.
Sign, animated means any sign that uses movement or change of lighting to depict action or creates a special effect or scene.
Sign, awning, canopy, or marquee means a sign that is mounted or painted on or attached to an awning, canopy, or marquee.
Sign, banner means any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
Sign, bench means a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.
Sign, building means any sign attached to any part of a building.
Sign, changeable copy means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this appendix. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this appendix.
Sign face means the area or display surface used for the message.
Sign, free-standing means any non-movable sign not affixed to a building.
Sign, incidental means a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
Sign, pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
Sign, permanent means a sign attached to a building, structure, or the ground in some manner and made of materials intended for more than short term use.
Sign, political means a temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.
Sign, portable means a sign designed to be transportable but not limited by means of wheels.
Sign, projecting means a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
Sign, roof means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
Sign, temporary means a sign that is used only for a short period of time and is not permanently mounted.
Sign, wall means any sign attached to and within six inches of a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, that is supported by such wall or building and displays only one sign surface.
Sign, window means a sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.
Sign Types
Significant tree means any pine tree measuring 20 inches DBH (diameter breast high) or greater and all other tree species measuring 12 inches DBH or greater shall constitute a "significant tree" for purposes of this appendix and shall be protected to the extent practical and feasible.
Small-scale food production means small-scale food production includes bakeries, jam and preserve makers, candy makers, and other neighborhood-oriented retail food production businesses. Small-scale production facilities shall be limited to 5,000 square feet gross floor area in CN zoning districts without a special exception by the board of zoning appeals.
South Carolina Manufactured Housing Board. Is authorized by state statute to regulate the construction, repair, modification, installation, tie-down, hook-up, and sale of manufactured homes in the state, which board has adopted for regulation of manufactured homes the Federal Manufactured Housing Construction and Safety Standards, promulgated by HUD, and contained in the Board's Manufactured Housing Regulations, May 26, 1990.
Specified anatomical areas means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
Specified sexual activities includes any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above.
Street means any publicly or privately maintained thoroughfare (street, road, drive, avenue, circle, way, lane, boulevard, etc.) or space that has been dedicated, deeded, designed, or used for vehicular traffic and provides access to more than two parcels of land. Multiple parcel group developments are excluded from the two-parcel restriction. Streets constructed after the effective date of the ordinance from which this appendix derived shall be constructed to all applicable engineering specifications. The terms street and road shall be used interchangeably. Cross-reference driveway.
Street, improved means a street constructed to Lexington or Richland County standards.
Street, major. Includes all state primary and federal aid highways and streets that serve to circulate traffic on to, out, or around the town, having signals at important intersections and stop signs on side streets and/or having controlled access and channelized intersections.
Street, minor means a street designed principally to collect traffic from subdivisions and provide access to abutting property.
Street, private means a street not dedicated for public use or maintenance.
Structural alteration means any change in the supporting members of a building, such as the bearing walls, beams, or girders, or any change in the dimension or configuration of the roof or exterior walls.
Structure. As defined by the standard building code.
Subdivision means the division of a tract, parcel, or lot into two or more lots or building sites, or other division of land for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets and the re-subdivision of land.
Travel trailer or recreational vehicle means a structure that:
(1)
Is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and
(2)
Is designed for temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a mobile or manufactured home or modular unit.
Tree, large-maturing means a single trunk tree whose canopy dimensions have the potential to reach at least 45 feet tall and 25 feet wide at maturity.
Tree, medium-maturing means a single trunk tree whose canopy dimensions have the potential to reach at least 25 feet tall and 20 feet wide at maturity, but no taller than 40 feet.
Tree, small-maturing means a single trunk or multi-stem dimensioned tree that has the potential to reach at least 15 feet tall and 15 feet wide at maturity, but no taller than 25 feet.
Urban garden. See garden, urban.
Use means the purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
Use, accessory. See building, accessory.
Use, principal means the primary purpose for which land is used.
Variance means a modification of the area regulations of this appendix, granted by the board of zoning appeals, where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property, a literal enforcement of this appendix would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property that is not permitted within the zoning district in which the property is located.
Vegetation means any object of natural growth.
Yard means an open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided by this appendix.
Yard, front means a yard extending the full width of the front of a lot between the front (street) right-of-way line or property line and the front building line.
Yard, rear means a yard extending the full width of the lot in the area between the rear lot line and the rear building line.
Yard, required means that part of a yard between a lot line and the minimum required building setback line, within which no structure shall be located except as provided by this appendix.
Yard, side means a yard extending the full length of the lot in the area between the side lot line and a side building line.
Zero lot line. Refers to a building that, instead of being centered on a lot, is placed against at least one of the side lot lines with no setback from the property line.
Zoning district means a specifically delineated area or district in the town within which regulations and requirements govern the use, placement, spacing, and size of land and buildings.
- DEFINITIONS
Words not defined in this appendix shall have the meanings stated in the standard building code, standard plumbing code, standard gas code, or standard fire prevention code. Words not defined in the standard codes shall have the meanings in Webster's New Collegiate Dictionary, as revised.
Words defined in the Lexington County Land Development Manual (LDM) and other applicable Lexington and Richland County regulations and ordinances shall apply specifically to those documents and do not necessarily apply to this appendix. Refer to definitions within pertinent articles and sections of this appendix if a specific definition is not found within this article.
(1)
Words in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.
(2)
The words "must" and "shall" are always mandatory.
(3)
The word "may" is permissive.
(4)
The word "lot" includes the words "parcel," "plot," "property," or "tract."
(5)
The word "person" includes a firm, association, organization, partnership, trust company, or corporation, as well as an individual.
(6)
The word "used" or "occupied" as applied to any land or building shall be construed to imply that said land or building is in actual use or occupancy and shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." An intended project shall be defined as one where substantial monies have been spent towards the goal of the project.
(7)
The term "zoning map" shall mean the official zoning map for the town.
(8)
The term "town" refers to the Town of Irmo.
(9)
The term "county" refers to Lexington County or Richland County, as applicable.
(10)
The term "council," "mayor and council," or "town council" shall mean the legally elected governing body of the town.
(11)
The term "planning commission" refers the planning commission for the town.
(12)
The term "planning official" means the person charged with the administration of this appendix subject to the provisions of the South Carolina Home Rule Act. Planning official means town administrator or other town employee, consultant, or contractor designated by the town administrator to administer assigned duties in the administration of this appendix.
(13)
The term "zoning administrator" officially refers to the town administrator, who has been designated the zoning administrator in the town administrator job description. However, for the purposes of this Code and this appendix, the term zoning administrator is interchangeable with the term planning official and is defined as the town administrator or other town employee, consultant, or contractor designated by the town administrator assigned duties in the administration of this appendix.
(14)
The term "board of zoning appeals" refers to the board of zoning appeals for the town.
(15)
The term "land development manual" refers to the Lexington County Land Development Manual.
(Ord. No. 25-03, 4-15-2025)
Adult uses, for purposes of this appendix, shall mean and include the following:
(1)
Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
(2)
Adult bookstore or adult video store. A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
a.
Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, or video reproductions, slides or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas"; or
b.
Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as: one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."
(3)
Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment that regularly features:
a.
Persons who appear in a state of nudity; or
b.
Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
c.
Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the description of "specified sexual activities" or "specified anatomical areas."
(4)
Adult motel. A hotel, motel, or similar commercial establishment that:
a.
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions; or
b.
Offers a sleeping room for rent for a period of time that is less than ten hours; or
c.
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
(5)
Adult motion picture theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(6)
Adult theater. A theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(7)
Sexual encounter center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
a.
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
b.
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
Animal shelter, domestic means a pen, shelter, or structure where no more than three dogs or small domestic animals, not to include horses, cows, goats, swine (including potbellied pigs), sheep, ponies, grazing animals and fowl of any kind, are boarded or kept.
Best management practices (stormwater) means schedules of activities, prohibitions of practices, maintenance procedures, other management practices, as well as structural controls to prevent or reduce the pollution of waters of the United States. Best management practices (BMPs) also include treatment requirements, operating procedures, and practices to prevent erosion; control runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.
Buildable area means that portion of any lot that may be used or built upon in accordance with the regulations governing the zoning district within which the lot is located when the front, side, and rear yard, open space, and applicable buffer area requirements have been met.
Building means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons or property.
Building, accessory means a subordinate structure on the same lot and detached from the principal or main building or use occupied or devoted to a use incidental to the principal use. Included in this definition are private garages, storage sheds, workshops, domestic animal shelters, pool houses, etc., when detached from the principal building, and carports attached to the principal building when at least 75 percent open or unenclosed.
Building, principal means a building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located.
Caliper means the diameter of a trunk of a nursery-grown tree or immature tree to be transplanted, measured at six inches above the top of the root mass.
Canopy tree means a deciduous tree that forms the top layer of vegetation in a forest. Examples of such trees include oaks, hickories, maples, and poplars.
Child care services means child care services shall mean and include any home, center, agency, or place, however styled, where children not related to the operator are received for custodial care, apart from their parents, whether for compensation, reward, or otherwise during part or all of the day or night and upon any number of successive days or nights.
Club, private means an organization catering exclusively to members and their guests including buildings and grounds with commercial activities serving the membership only.
Clustering, cluster development means clustering is a subdivision and group development design method that concentrates development in specific areas on the proposed site. The purpose of clustering is to allow increased density on a portion of the parcel, while preserving the rest as permanent open space. Cross-reference conservation design.
Code enforcement officer means the person(s) designated by the town council to enforce town codes and regulations which include zoning and land development regulations.
Common open space means common open space is land and/or water bodies used for recreation, amenity, or buffer; it shall be freely accessible to all residents and property owners of a development, where required by this appendix. Open space shall not be occupied by buildings or structures other than those in conjunction with the use of the open space, including associated roads or parking, nor shall it include the yards or lots of residential dwelling units required to meet minimum lot area or parking area requirements.
Conditional use means a use of land or structure which is permitted in a district under conditions specified in this appendix.
Condominium means a unit in a multi-unit structure owned by an individual who has use of all common areas associated with that structure.
Conservation design means a type of residential and/or commercial development where 60 percent or more of the developable land area is designated as undivided permanent open space, thereby permanently protecting agriculturally, environmentally, or ecologically significant areas within the parcel. The remaining developable land is subdivided into buildable lots or utilized as a group development, typically with more density in the developed portion of the project than would be found in a traditional development within a general zoning district. Conservation design projects can be accomplished through mixed-use development zoning.
Density means the number of dwelling units per acre of land developed or used for residential purposes. Unless otherwise clearly stated, density requirements in this appendix are expressed in dwelling units per net acre; that is, per acre of land devoted to residential use and common open space exclusive of land utilized for streets, alleys, parks, playgrounds, school grounds, or other public uses.
Developer means an individual, partnership or corporation (or agent therefor) that undertakes the activities covered by the regulations of this appendix.
Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
Development, group means a development of a single tract of land or adjacent tracts of land under the same ownership or control. Group developments include commercial, retail, industrial, institutional, multi-family residential, recreational camps, and manufactured home parks. A group development may consist of a single-use, single-occupant building or a multi-use, multi-occupant complex. Examples are shopping centers and malls, a single commercial business, office parks, industrial parks, apartment buildings and complexes, and "big box" retail.
DBH (diameter at breast height) means the diameter of the tree trunk at breast height, measured four and one half feet above the ground.
Drainage means the removal of surface water or groundwater from land by drains, grading, or other means.
Drainage facility means the system through which water flows from the land, including all watercourses, water bodies, and wetlands.
Drainage system means the system through which water flows from the land, including all watercourses, water bodies, and wetlands.
Driveway means a paved or unpaved area used for ingress or egress of vehicles, allows access from a street to a building, lot, structure, or facility, and that provides access to no more than two parcels of land. Access to multiple group developments is excluded from the two-parcel restriction. Cross-reference street.
Dwelling means a building or portion of a building arranged or designed exclusively for human habitation.
Dwelling, apartment. See dwelling, multi-family.
Dwelling, attached means a dwelling unit attached to one or more other dwelling units by common vertical walls.
Dwelling, detached means a single dwelling unit, other than a mobile home, surrounded by open space or yards and that is not attached to any other dwelling by any means.
Dwelling, duplex means a building containing two dwelling units on one lot.
Dwelling, group occupied means a dwelling unit occupied by five or more individuals unrelated by blood, marriage, adoption, or guardianship living together as a single housekeeping unit.
Dwelling, manufactured home means a factory-built home built after the enactment of and bearing a label of compliance with the Federal Manufactured Home Construction and Safety Standards Act, effective June 15, 1976 (HUD Code).
Dwelling, mobile home means a factory-built home built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act, effective June 15, 1976.
Dwelling, multi-family means a building containing five or more dwelling units.
Dwelling, quadruplex means a building containing four dwelling units.
Dwelling, single-family means a building containing one dwelling unit.
Dwelling, townhouse means two or more attached dwelling units on separate lots which may or may not have a common roof and are separated from each other by common vertical walls.
Dwelling, triplex means a single building containing three dwelling units.
Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Easement means a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures. Access easements providing vehicular access to no more than two parcels of land, or access easements to multiple parcel group developments, shall be classified as driveways for the purpose of this appendix. Access easements providing vehicular access to more than two parcels of land shall be classified as streets.
Escrow means a deed, bond, money, or piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.
Evergreen tree means a coniferous or deciduous tree that remains green throughout the year.
Factory-built housing means a three-dimensional, transportable, factory-built structure designed for long term residential use. Such housing includes manufactured, mobile, and modular homes.
Façade means the front face of a building given special architectural treatment.
Family means one or more persons related by blood, marriage, adoption, or guardianship, and not more than four persons not so related, except that nine mentally or physically handicapped persons for whom care is provided on a 24-hour basis shall be construed to be a family, in accordance with the provisions of S.C. Code 1976, § 6-7-830, including approval or licensing of the home in which they are located by a state agency for that purpose.
Family day care home means a facility within a residence in which the operator (caregiver) resides where child daycare is regularly provided for no more than six children who are unattended by their parent or legal guardian, including those children living in the home, and children who are related to the resident operator (caregiver).
Farmers market means an occasional or periodic market held in an open area or in a structure and where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages.
Federal Manufactured Home Construction and Safety Standards means the regulations promulgated by the Department of Housing and Urban Development (HUD) governing the design and construction, strength and durability, transportability, fire resistance, energy efficiency, and quality of manufactured housing. These standards also set performance requirements for heating, plumbing, air conditioning, thermal, and electrical systems.
Flag means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
Floor means the top surface of an enclosed area in a building (including basement); i.e. top of slab in concrete slab construction or top of wood flooring in wood frame construction. Term does not include floor of a garage used solely for parking vehicles.
Floor area means the sum of the floor area for each of a building's stories measured from the exterior limits of the faces of the structure, including basement floor area. It does not include unenclosed porches or any floor space in an accessory building or in the principal building which is designed for parking of motor vehicles.
Floor area ratio means an intensity measure of land use derived by dividing the total floor area of a building by the total site area.
Frontage, street (road) means the length of the property line adjacent to a public street or approved private street right-of-way line. For lots with multiple frontages, the principal street frontage shall be the same as that to which the building is oriented.
Garage, private. As defined by the standard building code.
Garage, public. As defined by the standard building code.
Garden, urban means a lot, or any portion thereof, managed and maintained by a person or group of persons for non-commercial growing and harvesting, farming, community gardening, or any other use that contributes to the production of agricultural, floricultural, or horticultural products for beautification, education, recreation, community use, consumption, off-site sale, or off-site donation.
Group development. See development, group.
Gutter means a shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off water.
Habitable dwelling means a dwelling meeting the minimum habitability requirements of this appendix and other applicable regulations.
Hardscape means man-made landscaping features.
Height means the vertical distance of a structure or vegetation measured from the average grade elevation within 20 feet of the structure to the highest point of the structure.
Home occupation means any occupation within the principle residence, clearly incidental thereto, carried on by a member or members of the family residing in the principal residence.
Impervious surface means impervious surfaces are those that do not absorb water. Unless otherwise certified as made of pervious material, all buildings, paved parking areas, driveways, roads, sidewalks, and any areas in concrete or asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the planning official to be impervious within the meaning of this definition also will be classified as impervious surfaces.
Impervious surface ratio means the impervious surface ratio is a measure of the intensity of land use. It is determined by dividing the total area of all impervious surfaces within the site by the total site area.
Improvement means any man-made immovable item that becomes part of, placed upon, or is affixed to real estate.
Institutional uses means uses which are supportive of the residential community. They provide indoor space for recreation, hobbies, meetings, education, day care, head start services, and worship, as well as cultural facilities and group quarters for religious groups and the infirm or elderly. While some uses may be operated for private profit, they duplicate services that are generally provided by public or non-profit groups.
Intersection sight distance (ISD) means the sight distance required within the corners of intersections to safely allow a variety of vehicular access or crossing maneuvers based on the type of traffic control at the intersection.
Junk, scrap, or salvage means any materials consisting of waste, discarded, or salvage matter that are bought, sold, exchanged, stored, baled, packed, or disassembled for profit, trade, or hire, and shall include any vehicle damaged so as not to comply with state or federal safety regulations, incapable of self-propulsion, or partially dismantled, if retained on the premises for more than 72 hours whether for repair or not. The term "junk" shall also mean, but is not limited to, old or scrap copper, brass, aluminum, rope, rags, paper, trash, tire carcasses, rubber debris, old vehicle parts, non-working major appliances, and other old ferrous or non-ferrous material.
Junk, scrap, or salvage yard means any premises where salvage, scrap, or junk as defined herein is found and has been permitted to remain with the consent of the owner, lessee, or person(s) responsible for maintenance of such premises.
Land development means the changing of land characteristics through redevelopment, construction, subdivision into parcels, condominium complexes, commercial parks, shopping centers, industrial parks, mobile home parks, and similar developments for sale, lease, or any combination of owner and rental characteristics.
Lot means a parcel of land considered as a unit. The terms lot, property, plot, parcel, or tract, whenever used in this appendix, are interchangeable.
Lot area means the area contained within the boundary line of a lot.
Lot, corner means a lot located at the intersection of two or more streets.
Lot depth means the horizontal distance between front and rear lot lines.
Lot, double frontage means a lot which has frontage on more than one street.
Lot, interior means a lot, other than a corner lot, which has frontage on only one street other than an alley.
Lot line means a line bounding a lot which divides one lot from another or from a street or any other public or private space.
Lot of record means a lot that is recorded by plat or deed with the Lexington County or Richland County register of deeds.
Lot width means the horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
Mini-warehouse means a building or group of buildings in a controlled-access and fenced compound that contains individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of customers' goods or wares.
Mixed-use residential structure means a structure featuring both commercial and residential uses. Typically consisting of a first-floor commercial use such as an office, restaurant, or retail shop with second and higher floors dedicated to residential uses.
Mobile food services (vendors, food trucks). Mobile food services prepare and serve meals and snacks for immediate consumption from motorized vehicles or non-motorized carts. Mobile food services include hotdog carts and ice cream trucks.
Mobile or manufactured home park means a lot or parcel with space, improvements, and utilities for the long-term parking of two or more mobile or manufactured homes, which may include services and facilities for the residents.
Mobile or manufactured home park space means a plot or ground within a mobile or manufactured home park designed for the accommodation of one unit.
Modular building unit or modular structure means any building of closed construction, regardless of type of construction or occupancy classification, other than a mobile or manufactured home, constructed off-site in accordance with the applicable codes, and transported to the point of use for installation or erection. When meeting the requirements of the Modular Building's Construction Act (S.C. Code 1976, § 23-43-10), said building unit or structure may be located in any of the town's several zoning districts, except no residential uses are allowed in LM (light manufacturing) zoning districts.
Nonconformity. A nonconformity is any lot of record, use, building, structure, or vegetation in existence prior to the effective date of the ordinance from which this appendix derived, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of this appendix.
Non-residential use means a principal use of land for other than residential purposes; i.e. commercial, industrial, institutional.
Open space. See common open space.
Open space ratio means the open space ratio is a measure of the intensity of land use. It is arrived at by dividing the total amount of open space within the site by the total site area.
Parcel means a land area bounded by property lines that is recognized as such by the respective county assessor's office.
Park means a public facility open for recreation, with commercial activities for recreational uses only, open space, or public garden.
Phased development plan means a site plan showing the proposed final development of the site in phases, including initial and interim phases. A written statement describing each phase, including the proposed uses, and approximate timeline for each phase of development shall be provided.
Plat means a map or drawing upon which the developer's plan of a subdivision or land development is presented for approval.
Plat, final means the final map of all or a portion of a development or subdivision that is presented for final approval for recording.
Premises means a lot, plot, or parcel of land including the buildings or structures thereon, under control by the same owner or operator, together with all adjacent land.
Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.
Riparian buffers or buffer zones means corridors of vegetation along rivers, streams, and waterways. Riparian areas form the transition between aquatic and terrestrial environments.
Shipping (cargo, freight) container means a rectangular, prefabricated metal structure, designed for stacking, storage, and transfer of goods and commodities by ship, train, and/or container chassis trucks.
Sight distance. See intersection sight distance.
Sign means any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Flags are not signs.
Sign, abandoned means a sign structure not containing a sign for 120 continuous days, sign not in use for 120 continuous days, or sign advertising a business no longer occupying the site on which the sign exists or to which it refers.
Sign, animated means any sign that uses movement or change of lighting to depict action or creates a special effect or scene.
Sign, awning, canopy, or marquee means a sign that is mounted or painted on or attached to an awning, canopy, or marquee.
Sign, banner means any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
Sign, bench means a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.
Sign, building means any sign attached to any part of a building.
Sign, changeable copy means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this appendix. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this appendix.
Sign face means the area or display surface used for the message.
Sign, free-standing means any non-movable sign not affixed to a building.
Sign, incidental means a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
Sign, pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
Sign, permanent means a sign attached to a building, structure, or the ground in some manner and made of materials intended for more than short term use.
Sign, political means a temporary sign announcing or supporting political candidates or issues in connection with any national, state, or local election.
Sign, portable means a sign designed to be transportable but not limited by means of wheels.
Sign, projecting means a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
Sign, roof means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
Sign, temporary means a sign that is used only for a short period of time and is not permanently mounted.
Sign, wall means any sign attached to and within six inches of a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, that is supported by such wall or building and displays only one sign surface.
Sign, window means a sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.
Sign Types
Significant tree means any pine tree measuring 20 inches DBH (diameter breast high) or greater and all other tree species measuring 12 inches DBH or greater shall constitute a "significant tree" for purposes of this appendix and shall be protected to the extent practical and feasible.
Small-scale food production means small-scale food production includes bakeries, jam and preserve makers, candy makers, and other neighborhood-oriented retail food production businesses. Small-scale production facilities shall be limited to 5,000 square feet gross floor area in CN zoning districts without a special exception by the board of zoning appeals.
South Carolina Manufactured Housing Board. Is authorized by state statute to regulate the construction, repair, modification, installation, tie-down, hook-up, and sale of manufactured homes in the state, which board has adopted for regulation of manufactured homes the Federal Manufactured Housing Construction and Safety Standards, promulgated by HUD, and contained in the Board's Manufactured Housing Regulations, May 26, 1990.
Specified anatomical areas means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
Specified sexual activities includes any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above.
Street means any publicly or privately maintained thoroughfare (street, road, drive, avenue, circle, way, lane, boulevard, etc.) or space that has been dedicated, deeded, designed, or used for vehicular traffic and provides access to more than two parcels of land. Multiple parcel group developments are excluded from the two-parcel restriction. Streets constructed after the effective date of the ordinance from which this appendix derived shall be constructed to all applicable engineering specifications. The terms street and road shall be used interchangeably. Cross-reference driveway.
Street, improved means a street constructed to Lexington or Richland County standards.
Street, major. Includes all state primary and federal aid highways and streets that serve to circulate traffic on to, out, or around the town, having signals at important intersections and stop signs on side streets and/or having controlled access and channelized intersections.
Street, minor means a street designed principally to collect traffic from subdivisions and provide access to abutting property.
Street, private means a street not dedicated for public use or maintenance.
Structural alteration means any change in the supporting members of a building, such as the bearing walls, beams, or girders, or any change in the dimension or configuration of the roof or exterior walls.
Structure. As defined by the standard building code.
Subdivision means the division of a tract, parcel, or lot into two or more lots or building sites, or other division of land for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets and the re-subdivision of land.
Travel trailer or recreational vehicle means a structure that:
(1)
Is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and
(2)
Is designed for temporary use as sleeping quarters, but that does not satisfy one or more of the definitional criteria of a mobile or manufactured home or modular unit.
Tree, large-maturing means a single trunk tree whose canopy dimensions have the potential to reach at least 45 feet tall and 25 feet wide at maturity.
Tree, medium-maturing means a single trunk tree whose canopy dimensions have the potential to reach at least 25 feet tall and 20 feet wide at maturity, but no taller than 40 feet.
Tree, small-maturing means a single trunk or multi-stem dimensioned tree that has the potential to reach at least 15 feet tall and 15 feet wide at maturity, but no taller than 25 feet.
Urban garden. See garden, urban.
Use means the purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained.
Use, accessory. See building, accessory.
Use, principal means the primary purpose for which land is used.
Variance means a modification of the area regulations of this appendix, granted by the board of zoning appeals, where such modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property, a literal enforcement of this appendix would result in unnecessary and undue hardship, and where such modification will not authorize a principal or accessory use of the property that is not permitted within the zoning district in which the property is located.
Vegetation means any object of natural growth.
Yard means an open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided by this appendix.
Yard, front means a yard extending the full width of the front of a lot between the front (street) right-of-way line or property line and the front building line.
Yard, rear means a yard extending the full width of the lot in the area between the rear lot line and the rear building line.
Yard, required means that part of a yard between a lot line and the minimum required building setback line, within which no structure shall be located except as provided by this appendix.
Yard, side means a yard extending the full length of the lot in the area between the side lot line and a side building line.
Zero lot line. Refers to a building that, instead of being centered on a lot, is placed against at least one of the side lot lines with no setback from the property line.
Zoning district means a specifically delineated area or district in the town within which regulations and requirements govern the use, placement, spacing, and size of land and buildings.