This chapter shall be known and shall be cited as the "Zoning Ordinance of the City of Lancaster."

(Code 1991, § 31-1)

This chapter is adopted pursuant to the authority contained in the S.C. Code 1976, tit. 6, ch. 29 (South Carolina Local Government Comprehensive Planning Enabling Act of 1994). Whenever any provision of this chapter refers to or cites a section of S.C. Code 1976 and that section is later amended or superseded, the chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Code 1991, § 31-2)

The purposes of this chapter are to implement the city comprehensive plan, to guide development in accordance with existing and future needs and to promote the health, safety, convenience, order, appearance, and general welfare of present and future inhabitants of the city by:

(1)

Helping achieve policies and proposals defined in the plan.

(2)

Controlling the intensity of development in areas of sensitive resources or natural features to reduce or eliminate adverse environmental effects and to conserve natural resources.

(3)

Concentrating development in areas where adequate water and sewer facilities, roads, schools, police and fire protection, parks and other recreational facilities, affordable housing, disaster evacuations and other public services and requirements can be provided, and limiting development where these facilities are not available.

(4)

Protecting and preserving the natural aesthetic, cultural, economic and historic resources of the city.

(5)

Minimizing the danger and congestion of traffic on the roads and highways, and ensuring the continued usefulness of all elements of the existing highway system for their planned function.

(6)

Securing safety from the hazards of improper development, resulting in fire, panic, flood, and other dangers.

(7)

Providing adequate privacy, light, air and open space.

(8)

Enhancing the outcome of development through development criterion and standards.

(9)

Protecting land value through proper planning and responsible development practices.

(10)

Protecting landowners from adverse effects of adjoining development and conserving the character of existing neighborhoods and subdivisions.

(11)

Facilitating the creation of a convenient, attractive and harmonious community.

(12)

Preventing the overcrowding of land, to avoid undue concentration of population, and to lessen congestion in the streets.

(13)

Facilitating the creation of a convenient, attractive, and harmonious community.

(14)

Protecting and preserving scenic, historic, or ecologically sensitive areas.

(15)

Regulating the density and distribution of populations and the uses of buildings, structures and land for trade, industry, residence, recreation, conservation, airports and approaches thereto, water supply, sanitation, protection against floods, public activities, and other purposes.

(16)

Furthering the public welfare in any other regard specified by a local governing body.

(Code 1991, § 31-3)

This chapter shall be effective throughout the municipal boundaries of the city.

(Code 1991, § 31-4)

To the extent that the provisions of this chapter are the same in substance as the previously adopted provisions that they replace in the city's zoning, flood control, or other ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that existed as an unlawful nonconforming situation under the previously adopted ordinances does not achieve lawful nonconforming status under this chapter merely by the repeal of the aforementioned ordinances.

(Code 1991, § 31-5)

It is the intention of the city council that this chapter implement the planning policies adopted by the city council, as reflected in the city comprehensive plan and other planning documents.

(Code 1991, § 31-6)

(a)

Except as provided in article IX of this chapter, no person shall use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter.

(b)

For purposes of this section, the use or occupation of a building or land relates to anything and everything that is done to, on, or in that building or land.

(c)

Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special exception permits, and violations of stop work orders, shall constitute a misdemeanor, punishable as provided by state law.

(d)

This chapter may also be enforced by any appropriate equitable action.

(Code 1991, § 31-7)

(a)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice, and similar matters shall be charged to applicants for zoning permits, sign permits, special exception permits, zoning amendments, subdivision approvals, appeals, variances, and other administrative relief. The amount of the fees charged shall be established and from time to time modified by action of city council.

(b)

Fees shall be paid upon submission of a signed application or notice of appeal.

(Code 1991, § 31-8)

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of this chapter are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this chapter since the same would have been enacted without the incorporation into this chapter of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.

(Code 1991, § 31-9)

(a)

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first day and including the last day. Saturdays, Sundays, or legal holidays shall be excluded when computing the period of time.

(b)

Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served by mail, three days shall be added to the prescribed period.

(c)

Whenever the building official, director of planning, or other person is required to take certain action (e.g., mailing or publishing a notice) on or before a specified number of days prior to the occurrence of an event (e.g., a public hearing), then, in computing such period, the day of the event shall not be included but the day of the action shall be included. For example, if notice of a public hearing is required to be published at least 15 days before the hearing, then, if the notice is published on the first of the month, it would be satisfactory for a hearing on the 16th of that same month.

(Code 1991, § 31-10)

As used in this chapter, words importing the masculine gender include the feminine and neuter. Words used in the singular in this chapter include the plural and words used in the plural include the singular.

(Code 1991, § 31-11)

(a)

New uses or construction. After the effective date of the ordinance from which this chapter is derived (November 13, 2007), any new construction or uses of land shall conform to the use and dimensional requirements for the district in which it is to be located.

(b)

Open space requirements. After the effective date of the ordinance from which this chapter is derived, no part of a yard, court or other open space, or off-street parking or loading space required for the purpose of complying with the provisions of this chapter shall be included as part of a yard, open space, or parking and loading space required for any other building.

(c)

Reduction of lot and yard area prohibited. After the effective date of the ordinance from which this chapter is derived, no yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established herein.

(d)

Conforming uses. After the effective date of the ordinance from which this chapter is derived, structures or the uses of land or structures which then conform to the regulations for the district in which land structures or uses are located may be continued; provided that any structural alteration or change in use shall conform to the regulations herein specified.

(Code 1991, § 31-12)