This Ordinance is enacted pursuant to authority conferred by Title 6, Chapter 29 of the South Carolina Code of Laws, 1976, as amended, to promote the public health, safety, morals, convenience, order, prosperity and general welfare of the present and future inhabitants of Lexington County, South Carolina.

(Ord. No. 23-17, 6-25-2024)

This Ordinance may be cited as the Zoning Ordinance for Lexington County, South Carolina. The map portion, including overlays, may be cited separately as the Zoning Maps for Lexington County, South Carolina.

(Ord. No. 23-17, 6-25-2024)

The regulations set forth herein shall apply to all land and improvements thereon as described on the Zoning Maps for Lexington County, South Carolina.

(Ord. No. 23-17, 6-25-2024)

11.31 New Activities

Upon the effective date of this Ordinance any building, structure, sign, or tract of land shall be used, constructed, or developed only in accordance with the applicable regulations contained herein.

11.32 Existing Activities

Any activity legally established prior to the effective date of this Ordinance which does not comply with its regulations shall be subject to the nonconforming use provisions of Article 16.

11.33 Existing Permits

Building permits lawfully issued before the effective date of this Ordinance or subsequent amendments shall remain in effect for as long as provided by the Lexington County Building Code. Zoning permits lawfully issued before the effective date of amendments to this Ordinance shall remain in effect as long as provided for in Section 171.10.

(Ord. No. 23-17, 6-25-2024)

In order to implement the provisions of this Ordinance, the following districts are hereby established:

11.41 Restrictive Development Districts: These districts are more restrictive in nature and generally encourage residential land use activities and less intensive non-residential land use activities.

R1 - Low Density Residential

R2 - Medium Density Residential

R3 - High Density Residential

D - Development

RA - Recreational/Agricultural

RD - Restrictive Development

11.42 Intensive Development Districts: These districts are less restrictive in nature and generally encourage non-residential land use activities and more intensive land use activities.

LC - Limited Commercial

C1 - Neighborhood Commercial

C2 - General Commercial

ID - Intensive Development

Sections 21.31 and 22.02 of this Ordinance are charts of permitted land use activities and should be referenced to verify if a certain activity is allowed in a particular zoning district and/or street classification.

11.43 Limited Restriction District (LR)

The regulations contained in this Ordinance apply in the Limited Restriction District only when specifically noted.

11.44 Special Overlay Districts

Airport District - see Article 4
Neighborhood Appearance District - see Article 5
Eastern Residential District - see Article 14

11.45 Planned Development District
 ;hg;
The regulations governing the Planned Development District are found in Article 6.

11.46 Concurrency Standards
 ;hg;Prior to formal approval of the following land use activities, adequate public services as it relates to law enforcement, fire services, emergency medical services, solid waste management, and public schools shall be confirmed for the following:

• Mobile Home and Tiny Home Parks;

• Mobile Home, Tiny Home, or Residential Detached developments with 10 or more dwellings with average residential lot sizes of less than 1.5 acres in area;

• Residential Attached - Duplex

• Residential Attached - Multifamily;

• Residential Attached - Townhouse; and,

• Retirement Center/Assisted Living Facilities - Independent housing portion of the activity.

Confirmation of adequate public facilities from all responsible entities is required prior to approval and/or permitting of the before mentioned land use activities. In the event the applicant, developer, or other interested party wishes to appeal a decision, such appeal shall be made in within 30 days of the published findings of the concurrency review. County Council shall act as the final arbitrator for such appeal. Confirmation of adequate public services shall be initiated by the Zoning Administrator, or his/her representation, via processes and procedures adopted and implemented by the County of Lexington.

(Ord. No. 23-17, 6-25-2024)

The boundaries of districts established by this Ordinance are shown on the Zoning Maps, which are hereby incorporated into the provisions of this Ordinance. The location and boundaries of the special overlay districts are shown upon the Zoning Maps or by special overlays or maps. These maps and overlays in their entirety, including all map amendments, shall be as much a part of this Ordinance as if fully set forth and described herein. The official Zoning Maps are provided and updated by the Lexington County Planning and GIS Department; however, the Zoning Administrator shall be the final interpreter as to the current zoning district or street classification if there is a discrepancy or question concerning a zoning district or street classification.

(Ord. No. 23-17, 6-25-2024)

Whenever the location of a district boundary on the Zoning Maps which are a part of this Ordinance (including subsequent amendments) approximates the edge or centerline, as the case may be, of a street, alley, railroad, or other right-of-way, incorporated municipality, county, river, stream, pond, lake, flood plain, or topographic feature, which was in existence when the boundary was first established, then the location of the district boundary shall be interpreted to be such edge or centerline. Whenever the location of a district boundary line approximates the predominant alignment of a block or a lot within a block, or lines bounding parcels, or a straight line drawn between two identifiable points, shown on the official tax maps of Lexington County, then the location of the district boundary shall be interpreted to follow such predominant alignment.

Whenever the above method of interpretation is not applicable, the location of the district boundary shown on the Zoning Maps shall be determined by the use of the scale on the map. Should any further uncertainty exist, the location shall be determined by the Zoning Administrator, which shall be subject to appeal to the Board of Zoning Appeals.

(Ord. No. 23-17, 6-25-2024)

In the interest of meeting the public need for services in an efficient and timely manner, and because such activities are developed with benefit of public input, any facility or activity owned and/or operated by Lexington County is exempt from the provisions of this Ordinance. However, the location, development, and operation of all such activities shall be conducted to meet all applicable provisions of this Ordinance, where practicable.

Utilities owned and operated by a municipality, rural water district, or the Joint Municipal Water and Sewer Commission are exempt from the provision of this Ordinance. Facilities owned and operated by the Irmo Fire District are exempt from the provisions of this Ordinance, provided such locations are approved by Lexington County Council.

In the interest of the safety and well-being for the public, temporary facilities for public safety and temporary facilities to aid in disaster relief and/or recover are exempt from the provisions of this Ordinance. These facilities may include, but not be limited to, offices, staging areas, and living quarters.

(Ord. No. 23-17, 6-25-2024)

a.

The particular shall control the general.

b.

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

c.

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

d.

The "building" or "structure" includes 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 plural the singular, unless the context clearly indicates the contrary.

f.

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

g.

The word "County" or "Lexington County" shall mean the area of jurisdiction of Lexington County, South Carolina, excluding all incorporated municipalities.

(Ord. No. 23-17, 6-25-2024)

Except when definitions are specifically included in the text, words in the text of this Ordinance shall be interpreted in accordance with the provisions set forth in this section. Where words have not been defined, the standard dictionary definition shall prevail. In cases of conflicting definitions, the Zoning Administrator shall be required to define any word or interpret any definition.

Accessory: an activity or structure that is customarily associated with and appropriately incidental and subordinate to a principal activity and/or structure, and is located on the same zone lot except as provided under the provisions for accessory off-street parking.

Activity: the performance of a function or operation which constitutes the use of the land.

Attached: buildings which share one or more common walls with other buildings. As pertains to residential activity, dwelling units may also be considered attached when sharing structures in a manner other than just common walls, except in Planned Cluster Developments. This includes covered walkways, and similar structures, that connect primary residential units to residential accessory structures.

Buffering Restrictions: limits imposed upon land uses with respect to their height by means of height control slopes, with respect to their proximity by means of buffer and setback distances, and with respect to their visibility by means of screening requirements.

Building: a structure having a roof supported by columns or walls.

Building Footprint: the outline of a building as it appears in a plan view.

Charitable Donation Container: an unattended container, box, or like unit used for soliciting and collecting donations, including, but not limited to, clothing, footwear, books, textiles, and other re-usable home goods.

Detached: a building which is surrounded by yards or other open areas.

Dwelling: a building, or portion thereof, used, intended, or designed to be built, used, rented, leased, let, or hired our for residential occupancy, or which are occupied for living purposes. This shall include single dwellings, duplexes, and multiple dwelling units, but not including transient occupancy. The current Residential Building Code, as adopted by the State of South Carolina shall be referenced.

Dwelling Unit: one or more units providing complete independent living facilities for use by one or more persons, which include permanent space for living, sleeping, eating, cooking, and sanitation. The current Residential Building Code, as adopted by the State of South Carolina shall be referenced.

Grandfathered Residential Use:see Residential Use.

Gross Acreage: is to be measured as the total area of land confined within the property boundaries, including those which are permanently under water or subject to inundation, or which are contained in an easement or grant of use other than existing publicly dedicated road rights-of-way.

Landowner:see Property Owner.

Line of Sight: the linear distance along the line of vision offered by a window, door, or other opening in a principal or accessory building to the property line.

Parcel: a lot or contiguous lots under the same ownership.

Performance Standards: limits imposed upon land uses with respect to their noise, toxic matter and hazardous waste, fire and explosive hazards, radioactive materials, and light and glare.

Principal Activity: an activity which fulfills a primary function of an establishment, institution, household, or other entity.

Principal Building: a building which contains the principal activity or use located on a zone lot on which the building is situated.

Property Owner: the legal or beneficial owner or owners of all the land proposed to be included in a development. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 50 years in duration, or other person having an enforceable proprietary interest may be considered a "property owner" for the purposes of this Ordinance.

Protected Property: property which is protected from the impacts of land uses upon surrounding properties by means of specified buffering restrictions and performance standards.

Protected Property Line: a property boundary or portion thereof from which, across which, or at which buffering restrictions or performance standards are measured.

Residence: a building or part of a building containing one or more dwelling units, including mobile homes, manufactured housing, and tiny homes. Mobile home and tiny home parks and group housing activities are considered residential activities within the body of this Ordinance. However, residences do not include transient habitation, detention centers, nursing homes, retirement centers/assisted living facilities, and hospitals.

Residential Use: pertaining to a residence. An attached garage is considered a residential use, whereas a detached garage is considered an accessory use. In a mixed building, that part of the structure used for nonresidential purposes is not considered a residential use.

Grandfathered Residential Use: residential use in existence or permitted for construction before the dates below:

Dutch Fork and Seven Oaks Planning Area - October 17, 1974

Eastern Lexington County Planning Area - February 14, 1980

Central Lexington County Planning Area - December 9, 1986

Northern Lexington County Planning Area - August 2, 1987

Western Lake Murray Lexington County Planning Area - March 21, 1989

Southern Lexington County Planning Area - January 13, 1998

Western Lexington County Planning Area - November 14, 2001

An abandoned residential structure which is derelict, uninhabitable, or in significant disrepair (i.e., missing doors, broken windows, holes within the roof, or otherwise not secure) for a continuous period of 12 months or greater shall not be considered a grandfathered use. An uninhabited residence shall not in and of itself constitute abandonment.

Right-of-Way Plan: the plan adopted by the Lexington County Planning Commission which defines and designates the various categories of roads within Lexington County according to potential right-of-way needs.

Road: the term is interchangeable with street, avenue, etc.

Roof Line: the outermost extension of a roof beyond the wall of a building.

Single Ownership: means the proprietary interest of a property owner as herein defined.

Street:see Road.

Structure: any object constructed or installed by man, including, but not restricted to buildings, towers, smokestacks, and overhead transmission lines.

Use: the performance of a function or operation which constitutes the use of land.

Yard: a descriptive term to delineate open spaces on lots or parcels. The terms front, rear, side, and back may be used to describe certain portions of the yard in relation to the orientation of a principal building or structure on a lot or parcel.

(Ord. No. 23-17, 6-25-2024)