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

The purpose of this article is to protect the quality of life, character of neighborhoods, and water quality of the County's various watersheds. This Article sets out standards for establishing and operating short-term rentals within unincorporated Lexington County. These regulations are intended to provide for an efficient use of dwellings as a short-term rental by:

1.

Providing for a permitting and inspection process to regulate short-term rentals.

2.

Balancing the interest of properties that are frequently used in whole or in part by a short-term rental.

3.

Allowing homeowners to continue to utilize their residences in the manner permitted by this Ordinance.

4.

Providing alternative accommodation options for lodging in a residential unit.

5.

Complementing the accommodation options in environments that are desirable and suitable as a means for growing tourism.

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

The regulations set forth herein shall apply to any property located within the unincorporated area of Lexington County.

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

Dwelling Unit: one or more rooms in a residential building or residential portion of a building, which are arranged, designed, used, or intended for use by one or more persons living together and maintaining a common household, and which shall include lawful cooking space and lawful sanitary facilities reserved for occupants thereof.

Guest: any person who temporarily occupies a short-term rental.

Host: property owner, registered agent and/or designated responsible local representative who provides rental space and accepts responsibility for issues associated with short-term rentals.

Legal Residence: a dwelling unit that is lawfully classified as owner-occupied by Lexington County and is receiving a special/reduced assessment ratio.

Short-Term Rental, Non-Owner Occupied is a land use whereby the record owner of the property, who does not live on the property and does not have a legal residence classification, converts a dwelling unit into a fully functioning, private accommodations use, which includes cooking, living, sanitary, and sleeping facility within one dwelling unit. The rental unit is to be rented for a period between one (1) and 29 consecutive days.

Short-Term Rental, Owner Occupied is a land use whereby the record owner of a property, who is also a resident of the property and has a legal residence classification, uses one (1) or more rooms on the property for the purpose of providing sleeping accommodations for a period between one (1) and 29 consecutive days.

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

Effective January 1, 2025 short-term rentals can be operated only in accordance with the applicable regulations contained herein. There shall be no nonconformity provisions for any short-term rentals in operation prior to the effective date of these regulations.

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

It shall be the sole responsibility of the property owner or registered agent to establish and operate short-term rentals in accordance with the regulations as set forth in this Article. The zoning permit shall be issued for each individual location on the basis of compliance with all applicable regulations on an annual basis. A fee established by County Council shall be applied for every permit and paid prior to the issuance of the permit. A new permit is required for any change of ownership, management, and/or parameters of previously approved short-term rentals.

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

The regulations contained herein are in addition to other applicable ordinances and requirements, such as, but not limited to the Lexington County Landscape and Open Space Ordinance, Lexington County Building Code Ordinance, Lexington County Stormwater Ordinance, Lexington County Land Development Manual, Lexington County Subdivision Ordinance, and other regulations set forth within this Ordinance, or SCDHEC regulations.

Whenever the provisions of this Article impose regulations that are in conflict with those of other County ordinances or other governmental agencies, the more restrictive regulations shall apply.

The following regulations apply to all dwelling units being used as a short-term rental within the jurisdiction set forth within this Article:

a.

Determination of Short-Term Rental Offering: Any advertisement for a short-term rental by the property owner or responsible local representative is sufficient to determine that a dwelling unit is being offered as a short-term rental.

b.

Safety and Compliance Inspection: Inspections to ensure safety and compliance with the regulations in this Article may be performed by the County, if deemed necessary and with a 24-hour notice to the permit holder. An inspection checklist will be developed and amended, as necessary, by the County.

c.

Contact: The property owner and/or registered agent must be willing to take inquiries at all times to address issues with the short-term rental and/or the owner or agent must provide the contact information for a designated responsible local representative who is willing to receive inquiries and address issues with the short-term rental use, and who is authorized to accept service of process on behalf of the owner. Local representative shall be in close proximity and be on-site within 45 minutes, if notified of any issues that need to be addressed.

d.

Permit Number in Advertisement: Any advertisement for a short-term rental, to include online listings, must include the current short-term rental zoning permit number, as issued by the County within the description section of the advertisement.

e.

Minimum Guest's Age: The guest making the booking or reservation for a short-term rental shall be at least 25 years of age.

f.

Minimum Stay Duration: The short-term rental shall not be available for occupancy for a period of less than two (2) nights.

g.

Parking Spaces Required: Guests shall be advised of the parking plan and the maximum number of vehicles allowed. Over-night street parking is prohibited. Any temporary street parking shall not impede traffic, be located directly in front of a neighboring property, or impede the ability of neighboring property owners to access their property.

h.

Maximum Occupancy: The maximum overnight occupancy of short-term rental shall not exceed two (2) persons per bedroom, excluding minor children under the age of five (5) per bedroom. Persons over the age of five (5) will be counted as an adult. In no instance shall the bedroom occupancy exceed the capacity of the septic tank, as approved by SCDHEC.

i.

Neighbor Notification: The property owner, registered agent, and/or responsible local representative of a short-term rental shall notify each household or tenant immediately adjacent to the rental and any property, neighborhood, or community association, if applicable. The property owner, registered agent, and/or responsible local representative must provide each household/tenant and association with the address of the short-term rental and the contact information of the property owner, registered agent, and/or responsible local representative.

j.

Property Maintenance: The property owner, registered agent, and/or local representative shall maintain the property (i.e., all structures, yard areas, etc.) in accordance with the Neighborhood Appearance District standards found in Article 5 of this Ordinance.

k.

On-Site Sewage Disposal System (OSDS): The property owner, registered agent, and/or local representative shall provide proof of inspection by a Good Operating Condition Report by a SCDHEC licensed inspector. The inspection must take place within 30 days of application and requires a pump-out of the septic tank to ensure a proper inspection of the interior of the tank, to check for leaks from the building, and to check for saturated conditions in the drain field. Documentation shall also be provided that the septic tank and drain field is sufficient to address potential increased waste and wastewater from the dwelling unit. Annual follow up inspections may be required by the County to ensure OSDS systems are maintained and functioning properly.

l.

Nuisance Abatement: The property owner and/or registered agent shall develop a plan to address and prevent nuisances, such as noise, glare/light, parking, and trash/litter. All applicable provisions for the Performance Standards Section of this Ordinance shall be met. In addition, the short-term rental(s) shall comply with all applicable provisions of Section 21.21 for Residential Accessories.

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

The following actions with respect to the operation of a short-term rental shall constitute a violation of this Article:

a.

The advertisement or operation of a short-term rental unit without a Short-Term Rental Zoning Permit.

b.

Falsity of any certified statement in the short-term rental application or renewal application.

c.

Parking of vehicles by short-term rental guests or hosts on adjacent property or such as encumbers access to adjacent property.

d.

Lighting that is a violation of Performance Standards regulations found in Section 24.50 of this Ordinance.

e.

The placement of trash or other refuse onto adjacent property, in public areas, or outside of waste collection cans.

f.

Failure to place waste collection cans onto the curb more than 12 hours before pickup, or to remove waste collection cans from the curb within 12 hours after pickup.

g.

Noise at a level that constitutes a nuisance under the County of Lexington Code of Ordinances.

h.

Either the property owner, registered agent, and/or local representative is not able to be reached as required.

i.

Any activity that is so disruptive or disturbing to a neighbor or to the neighborhood that it is justly reported to the Lexington County Community Development Department, Lexington County Sheriffs Department, or other authorized code enforcement division.

j.

A violation of any local, state, or federal ordinance, law, or regulation, including any other provision of this Ordinance.

The County of Lexington is dependent upon property management firms to address any complaint that may be presented by neighboring property owners or tenants. Even if issues have been fully addressed, major issues that involve emergency or law enforcement response shall be reported immediately to the Zoning Administrator or Short-Term Rental Administrator. Failure to assist with these matters may result in penalties as listed within this Article.

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

Penalties associated for violations of this Article shall be in the same manner as Section 174.10 of this Ordinance. In addition, the following methods for enforcement will be utilized by the Zoning Administrator or Short-Term Rental Administrator:

a.

Revocation of the Short-Term Rental Zoning Permit, which will require an application process, approval, and permitting prior to the re-establishment of the short-term rental unit(s). In addition, a Special Exception Review will be required by the Board of Zoning Appeals for the re-permitting process. The Board of Zoning Appeals shall make a determination based on the property owner, registered agent, and/or local representative meeting all applicable provisions of this Article, particularly the Operational Requirements, statements from surrounding property owners and local public safety officials, and the method for how the prior violations will be addressed and prevented in the future.

b.

Request for the short-term rental listing to be removed by the leasing or rental firm until compliance is achieved.

c.

Acknowledgement by the authorized code enforcement division that if a violation continues upon the revocation of a permit or violation notice, each day shall be considered as a separate offense from an enforcement perspective.

d.

Future Short-Term Rental Zoning Permits may be refused for the properties owned and/or operated by the applicable property owner, registered agent, and/or local representative.

e.

Nothing within this Ordinance prohibits the tenants from being held responsible for any violations of local, state, or federal regulations or laws.

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

The Revocation of Short-Term Rental Permits shall be an additional method of enforcement for severe, repeat offenses, or other applicable situations as determined by the Zoning Administrator or Short-Term Rental Administrator. The following protocol shall be followed for the revocation of any Short-Term Rental Zoning Permit shall:

a.

The Zoning Administrator, Short-Term Rental Administrator, or her/his delegated representative, shall give written notice to the property owner, registered agent, and/or local representative by personal service, certified mail, and the posting of the property that the short-term rental is non-compliant. The notice(s) shall contain information detailing violations that shall be addressed.

b.

The property owner, registered agent, and/or local representative will have 72 hours or three (3) calendar days from the date of the notice to immediately address the issues and create and execute an abatement plan to address the immediate and potential future issues associated with the violation(s).

c.

Following execution of the abatement plan, the property owner, registered agent, and/or local representative will have 10 days to reach compliance or the Short-Term Rental Zoning Permit will be immediately revoked.

d.

During the abatement and compliance process, leasing or renting of the short-term rental unit shall cease immediately until compliance is reached.

e.

Appeals for any revocation or other interpretation of this Article shall be appealed before the Board of Zoning Appeals.

f.

Applications for re-instatement shall be as previously noted within this Article.

g.

If two (2) violations occur within a 365-day time period, the Short-Term Rental Zoning Permit shall be immediately revoked. The permit may only be re-issued following approval from the Board of Zoning Appeals, as previously referenced within this Article.

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