Pursuant to authority conferred by the 1994 "South Carolina Local Government Comprehensive Planning Enabling Act," S.C. Code §§ 6-29-310 through 6-29-1640, the Town of Lexington does ordain and enact into law the following articles and sections.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

To guide development in accordance with existing and future needs, to protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare, to lessen congestion in the streets, to secure safety from fire, panic, and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to protect scenic areas, to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; in accordance with the Town of Lexington Comprehensive Plan and with reasonable consideration of the character of each area and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of land and buildings, and encouraging the most appropriate use of land, buildings, and structures, the Lexington Town Council does ordain and enact into law the following regulations:

(A)

Dividing the Town into districts and establishing the boundaries thereof;

(B)

Regulating and restricting the height, number of stories and size of buildings and other structures;

(C)

Restricting and regulating the percentage of lot area which may be occupied;

(D)

Regulating and restricting the sizes of yards, courts, and other open spaces;

(E)

Regulating and restricting the density and distribution of population;

(F)

Regulating and restricting the location and uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports and approaches thereto, water supply, sanitation, protection against flood, public activities;

(G)

Providing for the method of administration and amendment of these regulations;

(H)

Defining the powers and duties of the Board of Zoning Appeals with respect to these regulations;

(I)

Defining certain terms used herein;

(J)

Providing penalties for violations of these regulations.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

This Ordinance shall be cited as the "Zoning Ordinance for the Town of Lexington, South Carolina." The map portion, including overlays, may be cited separately as the "Zoning Map(s) for the Town of Lexington, South Carolina."

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The regulations set forth herein shall apply to all land and the improvements thereon as described on the Zoning Map(s) for the Town of Lexington, South Carolina.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

(A)

Activities existing at time of effective date of this Ordinance or its subsequent amendments. Any activity legally established prior to the effective date of this Ordinance or its subsequent amendments that does not comply with the regulations contained herein shall be subject to the nonconforming use of the provisions of Article V.

(B)

Activities that gained approval prior to the effective date of this Ordinance or its subsequent amendments but that were not existing at the time of the effective date of this Ordinance or its subsequent amendments. Upon the effective date of this Ordinance, any building, structure, or tract of land shall be used, constructed, and developed only in accordance with the applicable regulations contained herein. However, building permits lawfully issued prior to the effective date of this Ordinance, or subsequent amendment thereto, shall remain in effect provided that such building, structure or activity is substantially under way and being diligently pursued within six (6) months of the issuance of the permit. Similarly, variances and development plans and plats including subdivision and recombination plats, preliminary plans, bonded plats, and final plats but not sketch plans that received approval prior to the effective date of this Ordinance, or subsequent amendment thereto, shall remain in effect provided that such development is substantially under way and being diligently pursued within two (2) years of the issuance of the permit. However, the landowner of real property with such vested right may apply at the end of the vesting period to Town Council for at least five (5) annual extensions of the vested right unless an amendment to the land development ordinances or regulations in effect at the time of the receipt of the vested right has been adopted that prohibits approval. Should the project not be started within this period, the zoning approval is null and void and the project must meet the zoning requirements in effect at the time new approval is given.

(C)

Activities not existing and not having gained approval prior to the effective date of this Ordinance or its subsequent amendments. Variances and development plans and plats including subdivision and recombination plats, preliminary plans, bonded plats, and final plats but not sketch plans that receive approval after the effective date of this Ordinance, or subsequent amendment thereto, shall remain in effect provided that such development is substantially under way and being diligently pursued within two (2) years of the issuance of the permit. However, the landowner of real property with such vested right may apply at the end of the vesting period to Town Council for at least five (5) annual extensions of the vested right unless an amendment to the land development ordinances or regulations in effect at the time of the receipt of the vested right has been adopted that prohibits approval. Should the project not be started within this period, the zoning approval is null and void and the project must meet the zoning requirements in effect at the time new approval is given.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The boundaries of districts established by this Ordinance are shown on the zoning map(s) for the Town, which are hereby incorporated into the body of this Ordinance as though contained herein. The location and boundaries of the special overlay districts are likewise shown upon the zoning map(s) or upon special overlays or maps appended thereto. These special overlay maps and the amendment thereto shall be as much a part of the provisions of this Ordinance as if fully set forth and described herein.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

All businesses to be located in the Town limits are required to obtain a business license, the issuance of which requires a zoning permit. The Zoning Department will interview the business applicant to determine if the business can meet all zoning requirements, and will issue a zoning permit only if that is the case.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The following rules of construction shall apply to the text of this Ordinance:

(A)

The particular shall control the general.

(B)

In case of any difference of meaning or implication between the text of this Ordinance and any caption, illustration, summary table or illustration table, the text shall control.

(C)

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(D)

The word "building" or "structure" indicates any part thereof.

(E)

Words used in the present tense shall include the future, and words used in the singular shall include the plural and the singular, unless the context clearly indicates the contrary.

(F)

All public officials, bodies and agencies to which reference is made are those of the Town unless otherwise indicated.

(G)

The word "Town" shall mean the area of jurisdiction of the Town of Lexington, South Carolina.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Except when definitions are specifically included in the text, words in the text of this Ordinance shall be interpreted in accordance with the meaning set forth in this section. Where words have not been defined, the standard dictionary definition shall prevail. In cases of conflict regarding any definition, the Zoning Administrator shall rule on any contested definition or on any interpretation in meaning of words or phrases used within this Ordinance.

"Accessory" means an activity that is customarily associated with and appropriately incidental and subordinate to a principal activity on a parcel and is located on the same parcel with the principal activity, except as provided under the provisions for accessory off-street parking within this Ordinance.

"Activity or use" means the performance of a function or operation that constitutes the use of the land and includes all structures or buildings associated therewith.

"Approving Authority" means the Administrative Official or may mean the Planning Commission when the Administrative Official has used his/her discretionary authority to forward an item to that body.

"Administrative Official" means the Director of Planning, Building, and Technology; Zoning Administrator; or other person duly designated to act on their behalf.

"Applicant" means any person or organization having legal title or sufficient proprietary interest in the land or buildings sought to be subdivided or developed, or the activity sought to be permitted, under this Ordinance.

"Attached" means an enclosure, structure, or building having continuing walls, roof, and floor.

"Building" means a structure having a roof supported by columns or walls.

"Certificate of Occupancy" means a certification issued upon structure construction or renovation completion that authorizes occupancy and thereby indicates compliance with applicable zoning and building provisions. Also see "Temporary Certificate of Occupancy."

"Check cashing" means the act of providing a service regulated by the State of South Carolina in S.C. Code § 34-41-10 et seq.

"Commercial" means covering all the activities of trade. (Note: For the purposes of this Ordinance, certain uses such as home occupations and bed and breakfasts are considered accessory residential activities and not commercial activities.)

"Condominium" shall mean a single unit in a multiunit-type structure, which may be owned or leased by an individual, firm, or corporation who may have a common use of all related activities and/or facilities associated with the structure. Each unit is subject to separate ownership, though multiple units may be located on a single parcel of land. Condominium refers to the ownership technique described in S.C. Code §§ 22-31-10 through 27-31-300, as the Horizontal Property Act of 1967. Condominium ownership may be used on any style of construction, but shall be developed under the requirements and provisions of the Horizontal Property Act. Prior to the approval of any condominium project, the legal declaration establishing the ownership association shall be submitted to the Planning Commission for approval by the Town Attorney as to form and legal sufficiency, as provided for in the Horizontal Property Act, and the declarations shall require the association to provide exterior building maintenance services and architectural control. Dwelling units constructed or redeveloped as condominium units shall be governed by all applicable zoning, design and density requirements associated with the particular regular zoning district or special overlay zoning district. Commercial projects constructed or redeveloped as condominium units shall be governed by all applicable zoning, design, and density requirements associated with the particular activity or activities that are proposed to be conducted within the condominium units. See also the definition of Multi-family Residential.

"Condominium ownership" means the individual ownership of a particular portion of a building and the common right to share, with other co-owners, in the general and limited common elements of the property.

"Detached" means a building that is surrounded by yards or other open spaces.

"Drug and tobacco establishment" means any premises where drug and tobacco paraphernalia is displayed for sale, offered for sale, or sold, and which devotes more than a two-foot (2') by four-foot (4') (two feet (2') in depth maximum) section of shelf space for drug and tobacco paraphernalia. Items included in this definition are listed in the Town's Drug Paraphernalia Ordinance.

"Duplex" means two (2) dwelling units in a single structure where the dwelling units share a wall or the structures are otherwise attached. The dwelling units may be on a single lot or on two (2) lots.

"Dwelling" means a building, or portion thereof, designed exclusively for nontemporary residential occupancy, including single-family dwellings, duplex and multiple dwelling units, but not including transient occupancy.

"Dwelling unit" means one or more rooms in a residential building or residential portion of a building that are arranged, designed, used or intended for use by one or more persons living together and maintaining a common household, and that shall include lawful cooking space and lawful sanitary facilities reserved for the occupancies thereof.

"Family" means one or more persons related by blood, marriage, legal adoption or guardianship; living together; or a group of individuals, of not more than four (4) persons, not related by blood, marriage, legal adoption or guardianship but living together as a single housekeeping unit.

"Floor area ratio" means the total floor area on a parcel divided by the area of the parcel. For example, a building containing twenty thousand (20,000) square feet of floor area (gross) on a parcel of one hundred thousand (100,000) square feet has a floor area ratio (FAR) of 0.2.

"Gross acre" means the total area of land confined within the property boundaries, expressed in acres, including those which are permanently underwater or subject to inundation, or that are contained in an easement or grant of use other than existing publicly dedicated road right-of-way.

"Height control plane" means an imaginary plane beginning above a lot line of a parcel at a set vertical distance above the property line as set forth in this Ordinance, (reference to the horizontal reference plane) and rising over a parcel at a ratio of vertical distance to horizontal distance as set forth in this Ordinance.

"Home for the mentally and/or physically handicapped" as defined in S.C. Code § 6-29-770, a home serving nine (9) or fewer mentally or physically handicapped persons provided the home provides care on a twenty-four-hour basis and is approved or licensed by a State agency or department or under contract with the agency or department for that purpose.

"Horizontal reference plane" means the plane created upon the averaging of all mean sea level elevations of a property boundary which is then used as the base reference plane for the height control plane.

"Lot" or "parcel" means the basic development unit; an area with fixed boundaries, used or intended to be used by one or more buildings and its accessory building(s) and not divided by any public highway or right-of-way.

"Lot area" or "parcel area" means the entire area of a parcel, measured in square feet or in gross acres.

"Multi-family Residential" or "Residential Multiple" means three (3) or more attached residential dwelling units in a single structure. There may be a shared entrance or shared parking area. Parking is often surface parking, but may also be stacked (structured) parking. Units are often stacked and at least one or more units does not have its only individual, ground-level entrance. This definition includes apartments, condominiums, patio homes, and townhomes, that fit the criteria above. However, an apartment, condominium, patio home, or townhome with only two (2) dwelling units per structure is classified as a duplex. See also the definitions of "Duplex", "Townhouse", and "Condominium".

"Net acre" or "net area" means the area of land within the property boundary not underwater or subject to inundation and that is not contained in an easement or grant or street right-of-way whether public or private.

"Passive activity" means a nonactive activity such as utilities, park benches, picnic tables, detention ponds, and storm drainage systems. Parking is not considered a passive activity.

"Payday loans or cash advances" means a short-term loan that is intended to bridge the borrower's cashflow gap between pay days. This definition shall not mean the activity of a bank, savings institution, credit union, or farm credit system organized as such under the laws of the United States or any state.

"Principal activity" means the main use(s) of the land or a function performed thereon that fulfills the primary activity of an establishment, institution, household, or other entity. Such an activity may be inside and/or outside a building.

"Principal building" means a structure(s) that houses the main use(s) conducted on a parcel or that contains the primary function or principal activity of the parcel.

"Property line, external" means the property line where a parcel abuts another parcel that is not within the same development project.

"Property line, internal" means the property line where a parcel abuts another parcel that is within the same development project.

"Residence" means a building or part of a building containing one or more dwelling units including mobile homes and modular housing. Detached single dwelling unit structures, attached duplex dwelling unit structures, attached multiple dwelling unit structures, mobile home parks and group housing activities are considered residential activities for the purpose of this Ordinance. However, transient habitation, detention centers, nursing homes, hospitals, health clinics and the like are not considered part of the definition of residence.

"Residential amenity" means an activity that is designed to enhance the quality of life of the neighborhood with which it is associated. Residential amenities are often placed in furtherance of outdoor recreation and may include but are not limited to golf courses, driving ranges, tennis courts, basketball courts, playgrounds, clubhouses, swimming pools, gazebos, picnic shelters, picnic tables, walking trails, and the like. The additional buffer shall be used to protect only those properties located in the neighborhood with which the amenities are associated.

"Residential Multiple" - see "Multi-Family Residential".

"Residential [use]" pertaining to a residence means, for example, an attached garage, which is considered part of a residential use, whereas a detached garage is considered an accessory use. In a mixed-use building, that portion of the structure used for nonresidential purposes is not considered a residential use.

"Revoke" means the removal of a Temporary Certificate of Occupancy or Certificate of Occupancy based on the Building Official's judgment that the project does not meet applicable state law or the building codes adopted by the Town of Lexington, or other Town ordinances.

"Sales area" means any area within a retail activity normally accessible to customers.

"Structure" means any object constructed or installed by a person, including, but not limited to, buildings.

"Temporary building or structure" means and includes any trailer, mobile office, building or structure constructed of wood, metal, wallboard, or other construction material where, either by reason of construction or purpose, the building or structure is intended to exist for a short period of time.

"Temporary Certificate of Occupancy" means a time-restricted and activity-restricted Certificate of Occupancy issued by the Building Official where the project does not meet all applicable State laws and the adopted building codes of the Town of Lexington or other Town ordinances but where some activities, such as but not limited to stocking shelves or moving furniture, would not be hazardous to the public health, safety, or general welfare.

"Title loan" means the issuance of a monetary amount in exchange for the title of an automobile, boat, or other possession for a specified period of time. This definition shall not mean the activity of a bank, savings institution, credit union, or farm credit system organized as such under the laws of the United States or any state.

"Townhouse" or "townhome" means single-family attached dwelling units in which three or more units share common side walls and each has an individual, ground-level entrance. Townhomes are often designed in rows and may or may not share a common roof. Common areas may be shared in ownership and maintenance. Parking is located on each individual lot, attached to each dwelling unit, or may be in a shared parking area. Garages may be separated from the dwelling or attached. Yards are typically small and/or shared. A townhouse with only two units is classified as a duplex. See also definition of "Duplex" and "Multi-family Residential".

Prior to the approval of any townhouse project, the legal declaration establishing the ownership association shall be submitted to the Approving Authority for approval by the Town Attorney as to form and legal sufficiency, and the declarations shall require the association to provide exterior building maintenance services and architectural control.

"Video game machine" means an electronic or computerized amusement and arcade machine, device, or table that upon insertion of cash or thing of value is available to play or simulate the play of games using a video display and microprocessors in which the player may receive free games, credits, or thing of value that can be redeemed for cash or thing of value.

"Video machine owner" means any person who maintains for use or permits the use of a video game machine in any video game establishment occupied by him/her.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)