(a)

Driveway. 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.

(b)

Easement. 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.

(c)

Lot. A parcel of land considered as a unit. The terms "lot," "property," "plot," "parcel," or "tract," whenever used in this appendix, are interchangeable.

(d)

Lot of record. A lot that is recorded by plat or deed with the Lexington County or Richland County register of deeds.

(e)

Street. Any publicly or privately maintained thoroughfare (street, road, drive, avenue, circle, way, lane, boulevard, etc.) or space which has been dedicated, deeded, designed, or used for vehicular traffic that 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 in this section.

(f)

Street, improved. Street constructed to Lexington or Richland County standards.

According to S.C. Code 1976, § 6-29-1110, the term "subdivision" means all divisions of a tract or parcel of land into two or more lots; building sites or other divisions for the purpose, whether immediate or future, of sale, lease, or building development; includes all division of land involving a new street or change in existing streets, and includes re-subdivision which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or, the alteration of any street or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, and includes combinations of lots of record.

9-2.1. Exemptions (under S.C. Code 1976, § 6-29-1110).

The following are exempt from the definition of a subdivision and, as such, are not governed by the regulations for subdivisions of this appendix; however, exempt subdivisions are subject to applicable zoning district regulations. These exceptions are included within this definition only to require that the planning official be informed and have a record of the exempt subdivisions:

(1)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of this appendix and other applicable regulations.

(2)

The division of land into parcels of five acres or more where no new street is involved (refer to the definition of street). Plats of these exceptions must be received as information by the planning official, which shall indicate that fact on the plats.

(3)

The combination or recombination of entire lots of record where no new street or change in existing streets (refer to the definition of street) is involved.

Lots include existing lots of record and lots created by the subdivision of a tract or parcel of land. The word "lot" includes the words "parcel," "plot," "property," and "tract." As of the effective date of the ordinance from which this appendix derived, the following regulations apply to the creation of all new lots of record including lots exempt for the definition of subdivision.

(1)

Accessibility. No lot, including lots exempted from the definition of subdivisions, may be created without vehicular and pedestrian access. All new lots must have direct access to a publicly dedicated street or an approved private street as provided for in this appendix. All publicly dedicated and approved private streets must be constructed to applicable engineering standards.

(2)

Design. The lot size, width, depth, shape, grade, and orientation shall be in proper relation to street and block design, to existing and proposed topographical conditions, and for the type of development and use contemplated.

(3)

Dimensions and street frontage. All lots shall meet the minimum area and dimensional requirements of the zoning district in which they are to be located. Except as otherwise provided in this appendix, a minimum street frontage of 50 feet shall be required for all lots created after the effective date of the ordinance from which this appendix derived. The frontage of the lot shall be determined by the frontage that abuts a public or approved private street. Side lot lines shall be aligned at approximately right angles to straight street lines and radial to curved street lines.

(4)

Double frontage. Residential subdivisions, where proposed for areas adjacent to arterial streets and roads, shall be denied direct access to and separated from such streets and roads by double or reverse frontage lots. Elsewhere, double frontage lots shall be prohibited. Residential reverse frontage lots shall have a minimum rear yard of 50 feet next to the arterial street, measured from the shortest distance of the proposed back building line to the street right-of-way, and shall, within such rear yard and immediately adjacent to the right-of-way, have a non-access planting screen easement of at least 20 feet in depth.

(5)

Alignment. Side lot lines shall be aligned at approximately right angles to straight street lines and radial to curved street lines.

9-3.1. Flag lots and lots accessed by easements.

A flag lot is a lot with a dedicated access to a public road provided to the bulk of the lot by means of a narrow corridor. Except as provided herein, flag lots and lots accessed by access easements are not allowed for new lots created after the effective date of the ordinance from which this appendix derived and flag lot subdivisions shall not be allowed. The planning commission may allow the creation of a flag lot to permit full use of a lot of record (existing lot) created and existing prior to the adoption of this appendix that does not meet the minimum 50-foot street frontage requirements. When meeting the above, as determined by the planning commission, flag lots may be created and access easements may be permitted in accordance with the following development standards:

(1)

The other lot of record (lot providing access) meets all zoning requirements specified for the respective zone in which it is located, both before and after the subdivision, to create the access easement or flag lot.

(2)

The "flag" section of an existing flag lot, or an existing lot accessed by the access easement, shall meet or exceed the requirements, other than the minimum street frontage specified for the respective zone. The area of the access driveway of the flag lot or access easement shall not be included in computing minimum lot area requirements. Title to the access driveway must be conveyed by general warranty deed in the same manner as the title to the "flag" portion of the lot; or in the case of an easement, recorded with the deeds to the accessed lot and the lot providing access.

(3)

The driveway section of the flag lot or access easement shall be not less than 30 feet wide. However, the required street frontage of the flag lot drive shall not be less than county or state encroachment permit requirements to install driveways. Flag lot access driveways shall be separated from other driveways by the required fifty-foot minimum lot width measured from the front property line unless shared driveways are provided.

(4)

Once subdivided to include a flag lot or access easement, the other lot of record (lot providing the access) shall not be further subdivided for a period of 12 months after the creation and recording of the flag lot.

(5)

Flag lots created under this section may not be further subdivided.

9-3.2. Street frontage lots on culs-de-sac and on curbs less than 90 degrees.

The 50-foot minimum street frontage requirement may be waived on lots abutting an approved cul-de-sac or on lots abutting sharp curbs with a radius of less than 90 degrees. However, the required street frontage on such lots shall not be less than county or state encroachment permit requirements to install driveways.

9-3.3. Subdivision of parcels on unimproved (non-paved) county-maintained roads.

Subdivision of existing lots, parcels, and tracts of record (recorded with the register of deeds) fronting on an unimproved (dirt) county-maintained road that does not meet Lexington County or Richland County, as applicable, standards shall require the road to be paved to the respective county standards.

Note that if said subdivision requires a road (street) to be created to provide access, this subdivision shall be a major subdivision with all required standards as prescribed by this appendix.

9-3.4. Subdivision of parcels on pre-existing private roads.

Per the Lexington County subdivision ordinance, this provision applies to those roads that existed prior to January 10, 1979; are not in the county, state, or federal road maintenance system; and that access two or more parcels of land under different ownership. This type of private road shall not suffice as approved access for further subdivision of land without approval by the Lexington County planning commission. Approval shall also be required by the town planning commission for such roads within the town limits. Per this appendix, any private right-of-way, access easement, driveway, path, or any other access that is used for vehicular traffic and provides access to more than two lots is considered a road or street and must be constructed to respective Richland or Lexington County standards before further subdivision of lots are allowed.