The purpose of this Article is to provide design standards to ensure land use compatibility with multifamily residential developments and less intensive land use activities, as well as provide a means to ensure such uses accommodate for local impacts associated with the nature of the land use.

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

The regulations set forth herein shall apply to any property located within the jurisdiction of this Ordinance that is proposed to be developed as a Residential Attached - Multifamily land use activity.

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

Residential Attached - Multifamily are three or more dwelling units (DUs) typically located within a single or multiple structures, are generally multi-story, usually have common parking and amenity areas, and are referred to as apartments or condominiums.

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

Upon the effective date of these regulations, Residential Attached - Multifamily land use activities shall only be developed or expanded in accordance with the applicable restrictions contained herein. Nonconforming Residential Attached - Multifamily land use activities are subject to the provisions found in Article 16.

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

It shall be the responsibility of the developer to construct and develop Residential Detached - Multifamily land uses in accordance with regulations set for within this Article and in accordance with the approved zoning plan for the development. A Zoning Permit shall be required for the development of Residential Attached — Multifamily land use activities prior to the onset of site construction.

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

The regulations contained herein are in addition to other applicable ordinances or 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, other regulations set forth within this Ordinance, or SCDHEC regulations.

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

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

The overall development of new Residential Attached - Multifamily land use activities shall access only four lane paved streets, along a paved interstate frontage road where the right-of-way is contiguous to an interstate highway or expressway (two lane streets are permissible), or paved streets within one-have (1/2) mile of an interstate interchange (two lane streets are permissible) with the appropriated, zoning street classification that allows access for the activity. Master planned mixed-use developments may create new road systems or access plans, including two lane paved streets, that provide direct access to a four lane paved street, provided internal connectivity is provided for the various land use activities and there is no direct access to any existing two lane street outside of the master planned development.

All new access points, driveways, etc. must supply a traffic impact study (TIS) detailing the impacts on the local roadway system, as well as recommendations for necessary improvements within the road system, to include signals. The TIS shall also be reviewed by the appropriate maintenance entity and the recommended improvements must be approved as part of an encroachment permit. All required road improvements must be installed and approved by the maintenance entity prior to a final Zoning inspection of the project.

Left turning lanes shall be provided on the street being access, regardless if required/recommended by the TIS. Left turn lanes shall have a smooth transition and a minimum length of 50 feet. Painting, striping, and directional arrows shall meet applicable SCDOT or Lexington County Public Works requirements, depending on which entity has maintenance for the road system. Although not specifically required within this Article, right turn lanes on the street being accessed should be considered to maintain traffic flow on public thoroughfares.

Residential Attached - Multifamily land uses activities shall provide an adequate number of access points (i.e., driveways), consistent with the current Lexington County Land Development Manual access point requirements for developments exceeding an identified number of lots. For the purpose of this Ordinance, the number of dwelling units will be used to determine the need for additional access points (i.e., driveways) in order to provide adequate ingress/egress and comply with all other applicable standards as required in Section 22.13 of this Ordinance. For the purpose of this Article and Ordinance, an emergency access may be designated to access a two lane paved street, provided the street being accessed allows the land use activity and associated density, the access is strictly a secondary access, and documentation is provided and verified that another access point on an existing four lane paved street is not allowed or feasible.

Prior to Zoning approval for a Residential Attached - Multifamily land use, the developer/applicant shall submit a proposed Access Plan for all new access points and must receive approval of a Plan from the Zoning Administrator. The Zoning Administrator will review the Access Plan(s) and reports from the maintenance entities and may require a different Plan to further address traffic issues potentially generated by the development.

Existing Residential Attached - Multifamily land use activities that expand the current number of dwelling units by 50 percent or more, shall conform to these provisions. An expansion shall be considered an additional phase(s) of an existing development, whether located on the same or adjoining property, or developed by the same or different developer.

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

Section 22.30 of this Ordinance shall be referenced for the maximum dwelling units allowed, as well as the method for calculating allowed density. In no instance shall a Residential Attached - Multifamily land use activity exceed 200 dwelling units.

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

The development of new Residential Attached - Multifamily land uses activities must maintain a three (3) mile separation distance from existing, developing, and/or other permitted Residential Attached - Multifamily land use activities, regardless of jurisdiction.

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

Each Residential Attached - Multifamily land use shall adhere to the Buffering Restrictions covering height regulations, buffers, setbacks, and screening as outlined in Chapter 3 of Article 2.

152.31 Buffer

Buffering requirements are defined in Section 23.20. All existing forested and/or naturally vegetated areas within the required buffer shall be left undisturbed, unless removal is necessary and incidental to roadway access or utilities. In the event that an encroachment appears to be within the buffer area, and/or the buffer area is likely to be encroached unintentionally, the designated buffer area may be required to be clearly delineated by a material approved by the Zoning Administrator. Buffers shall be re-established as required by the Lexington County Landscape and Open Space Ordinance.

152.32 Setbacks

While accessory activities such as driveways and parking and reclamation thereof can occur within the designated setback as defined in Section 23.30, structures such as dwelling units, lease offices, and/or storage units may not encroach upon the setback area.

152.33 Screening

1.

Total screening is required for the activity along all adjoining properties, which are vacant or have any existing Residential Detached or individual Mobile Home land uses, unless the properties are a portion of a master planned development that includes the Residential Attached - Multifamily land use. Total screening is not required along the street frontage unless otherwise required by this Ordinance. Total screening must be approved by the Zoning Administrator, and conform to Section 23.40 of this Ordinance. Privacy fencing or structures used to meet the total screening requirement shall be a minimum of eight (8) feet in overall height.

2.

The location of the materials and/or vegetation utilized for total screening must be within the same parcel(s) as the development, cannot encroach upon the required buffer, and must conform to other local ordinances.

3.

Residential Attached - Multifamily land use are not eligible for the reduction in buffering restrictions as described in Special Rule 6, listed in Section 23.62.

4.

Applicants wishing to seek relief from the total screening requirement may seek relief in the form of a variance request from the Board of Zoning Appeals. Other means of relief, such as Buffering Restrictions Consent forms, cannot be used to seek relief of the total screening requirements outlined in this Section.

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

The standards contained in this Section are intended to improve the compatibility of adjoining activities and provide a harmonious transition between land use activities. All Residential Attached — Multifamily land uses shall comply with the following design standards:

a.

Structures shall have an appearance that would be considered more of a residential than commercial style. They shall also have exterior elements that are created at a human scale.

b.

Roofing design shall allow for various roofing designs, such as flat and parpet roof designs.

c.

All accessory structures, to include, but not limited to clubhouses, leasing offices, pool houses, and covered/enclosed storage shall be designed with the same "residential pattern" as the primary structures. Covered kiosks are required for all mail kiosk or other designated parcel or mail delivery locations.

d.

Heating and air conditioning units (HVAC) shall be totally screened from all adjoining properties and road rights-of-way. The screening shall conform to all applicable provisions of this Ordinance.

e.

Fencing shall also be consistent with a residential setting, to include wooden or vinyl privacy-type fencing and decorative fencing. For the purposes of this Section, cyclone fencing or chain link fencing shall not be considered.

f.

All building, structure, fence, wall, canopy, and sign construction shall use earth tone colors, similar to those illustrated in Section 26.55 of this Ordinance. The use of other colors may be considered, provided they are consistent with existing residential structures in the general area. The use of bright, neon, and/or fluorescent colors is prohibited.

g.

A maximum height of five (5) stories will be allowed, unless otherwise restricted.

h.

Exterior security camera systems shall be placed on the exterior of all structures and entrance/exit points. Such cameras shall ensure coverage of the entire exterior of the property for security and safety of tenants. Exterior security camera systems shall be maintained and remain in proper working condition. Notices of exterior security monitoring shall be placed in readily visible locations at the entrance and at each building. The intent of this requirement is not to infringe upon the privacy of tenants, but to provide a minimum standard for site security. Additional measures outside of the scope of this Section will be at the discretion of the owner or developer.

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

A management plan is required to demonstrate the ability to manage and operate Residential Attached - Multifamily developments. The management plan should address items such as but not limited to, group gatherings, parking, care and control of household animals, traffic controls, disposal of household and other waste, grounds keeping, exterior storage, and unit/building maintenance.

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

All grounds and buildings shall be maintained in a clean, sanitary, and safe manner. Developments and properties shall be kept clear of accumulation, refuse, debris, garbage, and unnecessary clutter. All garbage and refuse shall be stored, collected, and disposed of in a centralized and totally screened garbage collection area, such as a dumpster, in a manner as not to create a nuisance, vector attractant, breeding or harborage problem. Grounds and landscaping shall be maintained in a groomed and evenly mowed condition and not allowed to grow uncontrolled and landscaped areas shall be properly maintained to include adequate and functioning irrigation systems. All buildings shall be maintained and kept free of deterioration, rotting materials, graffiti, rust, tearing, holes, breaks, or other forms of structural disrepair. The storage of un-registered vehicles and/or vehicles under repair for longer than 30 days on-site, as defined in Section 21.21 of this Ordinance, is prohibited. Sanitary sewage, septic, and/or wastewater systems shall be maintained and in a proper operating condition.

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